CMNT_TITLE

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.

The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10, paragraph 16).The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.

2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G).In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.

Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.

The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question.The Committee hopes that the Government will take the necessary measures to bring the abovementioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.