Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - République de Moldova (Ratification: 2000)

Autre commentaire sur C029

Demande directe

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. 1. National Plan for Preventing and Combating Trafficking of Human Beings. The Committee notes the comprehensive information provided by the Government in its report on the measures taken to prevent and combat trafficking in persons, including the measures taken by the Centre for Combating Human Trafficking, which pays attention to the process of monitoring businesses that provide travel services and employment of Moldovan citizens abroad.

The Committee also notes the National Plan for Preventing and Combating Trafficking of Human Beings for 2010–11, which covers five main areas: (i) assistance framework; (ii) prevention, including awareness raising and education; (iii) assistance and protection of victims and witnesses; (iv) investigation and prosecution of traffickers; and (v) international cooperation, including cooperation between the police and the judiciary.

The Committee encourages the Government to pursue its efforts, particularly within the framework of the National Plan for Preventing and Combating Trafficking in Human Beings, to prevent, suppress and combat trafficking in persons, and to provide information on the measures taken in this regard, as well as the results achieved.

2. Protection and assistance for victims of trafficking in persons. The Committee notes the Government’s indication that the mechanism for protection and assistance of victims is provided by Parliament Decision No. 257 of 2008 on the approval of the national referral system to protect and assist victims and potential victims of human trafficking. It adds that during the years 2010–11, three participants of the penal cases were taken into the witness protection programme.

In this connection, the Committee takes note of the report carried out by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the implementation of the Council of Europe Convention against Trafficking in Human Beings by Moldova (February 2012), according to which the protection measures of victims of trafficking may include their personal protection, their family members or property. These protection measures apply to witnesses and injured parties in criminal proceedings during the phase of the investigation and at the stage of court proceedings, as well as to victims at the stage of investigation in case the victim agrees to cooperate before the opening of criminal proceedings. As regards obtaining testimony from victims during the criminal proceedings, the Committee notes that pursuant to section 110 of the Code of Criminal Procedure, judges may allow hearings of witnesses by means of a teleconference, when there are reasonable grounds to believe that the life, physical integrity of a witness or close relative are in danger as a result of his/her testimony.

The Committee also notes in accordance with section 24(6) of the Anti Trafficking Law of 2005, that foreign citizens or stateless persons who are victims of trafficking and are placed in assistance and protection centres, or participate in criminal proceedings against traffickers, are entitled to a temporary residence permit of a duration of up to six months, which may be further extended if necessary for the recovery of the victim or his/her participation in the criminal proceedings. Regarding the right of victims of trafficking to compensation, the Committee notes that pursuant to section 23(2) of the Anti-Trafficking Law, victims are entitled to compensation for damages, and may claim compensation by initiating a civil action as part of the criminal proceedings against traffickers.

The Committee notes with interest the efforts made by the Government to provide assistance to the victims of trafficking. The Committee requests the Government to continue to communicate practical information on the measures taken to provide protection and assistance, including legal assistance, compensation to victims of trafficking, as well as information on the number of persons benefiting from these services.

Article 2(2)(a). Compulsory military service. In its previous comments, the Committee noted that under article 44(2)(a) of the Constitution of the Republic of Moldova and section 7(5)(a) of the Labour Code, compulsory military service or alternative (civic) service are excluded from the prohibition of forced labour. The Committee noted the respective provisions of the Law on the compulsory military service in the defence forces, No. 1245 of 18 July 2002, and the Law on the alternative service, No. 633 of 9 July 1991. It also noted the Government’s statement in its 2006 report that the legislation in force does not contain express provisions to ensure that services exacted for military purposes are used for purely military ends but this derives from the provisions governing military service.

Since the Government’s latest report contains no new information on this issue, the Committee recalls that, under Article 2(2)(a) compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, and again requests the Government to indicate the provisions, which, in the Government’s view, provide for guarantees to ensure that services exacted for military purposes are used for purely military ends, thus giving effect to this Article of the Convention.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every convicted person is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned.

The Committee also noted that, under section 253, the obligation of convicted persons to work may include work outside the penitentiaries with private individuals or entities. As regards conditions of work of convicted persons, the Committee further noted that, under section 254 of the Execution of Sentences Code, hours of work and rest periods, as well as occupational safety and health are governed by the general labour legislation. By virtue of section 255 of the Code, the remuneration of convicted persons is also governed by labour legislation; their monthly wages cannot be lower than the legally established minimum wage, and deductions from wages on the basis of execution documents cannot exceed 75 per cent of their monthly earnings. Section 258 of the Code provides for the convicted persons’ old-age pension rights.

While having noted that, under the above provisions, prisoners’ conditions of work may be considered as approximating those of a free labour relationship, the Committee observed that, under the legislation in force, the formal consent of prisoners to work for private enterprises does not appear to be asked for.

The Committee notes the Government’s indication that the statutes of penalty execution by the convicts, approved by Government Decree No. 583 of 26 May 2006, provides in point 546 that the prisoner, with his written consent can be involved in working activity, taking into consideration his physical and mental condition, his skills, profession and, if he is recognized as being able to perform respective work based on medical examination. In this regard, the Committee requests the Government to provide, in its next report, a copy of Decree No. 583 of 26 May 2006.

Article 25. Trafficking in persons. Law enforcement and penalties. The Committee notes the statistical data and the copy of the court decision annexed to the Government’s report. The Committee notes that in 2011, 111 offences of human trafficking were registered, among which, 77 cases were sent to the prosecutor and 45 cases were sent to court. Moreover, 131 victims of trafficking were identified, of which 103 women and 28 men, being trafficked for sexual exploitation and 90 victims for labour exploitation. For the period of the first half of 2012, 75 offences were registered, compared with 58 offences in the same period of 2011, which is an increase of 29.3 per cent. The main destination countries remain the Russian Federation, Turkey, United Arab Emirates and Northern Cyprus.

The Committee further notes the court decision (case No.1-56/10) issued on the basis of section 165 of the Criminal Code (trafficking in human beings) that identified the victim as being in a vulnerable situation, and who had been through deception, recruited and transported to another country, where she was sexually exploited. In this case, the defendant was sentenced to four years and eight months of imprisonment and the deprivation of the right to carry out activities connected with sending persons abroad for a period of three years. The Committee requests the Government to continue to provide information on the application in practice of section 165 of the Criminal Code, particularly information on the number of investigations, prosecutions, convictions and the specific penalties imposed on the perpetrators.