CMNT_TITLE

1. Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes the adoption of the Act of 17 April 2002, under which labour, as a correctional penalty or a police penalty, may be applied on its own (new sections 37 ter, quater and quinquies of the Penal Code). The Committee notes that it is thus a principal penalty and an autonomous penalty, and that judges intending to apply it must inform offenders of its scope, and may impose it only if the offenders are present at the hearing and have given their consent, either in person or through their legal counsel. The length of the penalty of labour may not be less than 20 hours or more than 300 hours. Such labour is performed free of charge for public services of the State, communes, provinces, communities and regions or for non-profit-making associations or social, scientific or cultural foundations. The Committee notes that the penalty of labour may not consist of work which is as a rule done by paid workers in the public service or association in question (section 37 quater). Offenders are supervised by an officer from a "justice centre" (maison de justice), coming under the Ministry of Justice, and execution of the penalty of labour is monitored by the Probation Committee of the offender’s place of residence. The actual content of the penalty is determined by the abovementioned officer after he has heard the offenders and taken account of their observations. The Committee notes that the legislation contains several provisions for supervising and controlling arrangements for the execution of the penalty of labour. It would appreciate receiving information on the types of work that may be required under this penalty including a list of the associations and foundations authorized to take on offenders performing such sentences.

2. Trafficking in persons. The Committee notes that in its latest reports, the Government provides none of the information requested by the Committee in its general observation of 2000 on measures taken by governments to prevent, repress and punish trafficking in persons. It nonetheless notes from information available that the Government is developing an active policy to combat trafficking in persons and has made legislative and institutional provision for the purpose. The Act of 13 April 1995 introduces for the first time into national law a provision allowing the offence of human trafficking to be punished, by incorporating a new section, 77 bis, into the Act on the access, stay, establishment and departure of foreigners. Since then, numerous texts have been adopted to strengthen the legal framework. In this regard, the Committee notes the adoption, on 10 August 2005, of an Act to amend several provisions with a view to combating more effectively the trafficking of human beings and the practices of abusive landlords. In particular, the Act introduces into the Penal Code a chapter on human trafficking (section 433 quinquies to 433 novies) and a chapter on abuse of vulnerability through the selling, hiring or offering of goods with a view to making undue profit (section 433 decies to 433 quinquiesdecies). These provisions of the Penal Code thus set forth in detail the various components of the offence of human trafficking. The Committee notes with interest that several institutions have been established and a number of measures taken to combat such trafficking:

-  in 1995, the Centre for Equality of Opportunity and the Fight against Racism was made responsible for promoting the fight against human trafficking. Every year the Centre publishes an independent public report assessing developments and the results of the policy to combat international trafficking in human beings;

-  an interdepartmental task force has been set up to coordinate the fight against human trafficking;

-  special reception centres have been established for victims of human trafficking;

-  several measures have been adopted to protect victims of such trafficking, including the adoption in 2002 of an Act on the anonymity of witnesses and an Act establishing rules on the protection of threatened witnesses, and the introduction of a new work permit ("C permit") for victims of trafficking;

-  in 2004 a Royal Order was issued confirming the roles of the abovementioned Centre for Equality of Opportunity and the Fight against Racism and Interdepartmental Task Force, and setting up a Centre for Information and Analysis regarding Trafficking in Human Beings, to be responsible for gathering, centralizing, managing, transmitting and analysing anonymous data that are of use in combating human trafficking.

The Committee encourages the Government to pursue these efforts and requests it, in its future reports, to provide information on the difficulties the authorities meet in combating human trafficking, punishing the perpetrators and protecting the victims, together with information on any measures taken or envisaged to overcome such difficulties. Please also provide a sample of the annual report produced by the Centre for Equality of Opportunity and the Fight against Racism and of any publications or reports produced by other institutions involved in this area.

3. Freedom of military personnel to leave their employment. The Committee notes the statistical information sent by the Government on applications for resignation by military staff (officers and non-commissioned officers) and the information concerning the grounds on which some of these applications were refused. It requests the Government to continue to provide information on the number of such applications that have been refused and the grounds for refusal.