CMNT_TITLE

The Committee notes the Government’s report, as well as comments made by the Council of Private Enterprises of Honduras (COHEP) concerning the application of the Convention.

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes the adoption of Decree No. 234-2005 on the amendment of the Penal Code. Section 149 of the Code punishes trafficking in persons for the purpose of commercial sexual exploitation with penalties of imprisonment of eight up to 13 years. The Committee requests the Government to supply information on the application of section 149 of the Penal Code in practice, indicating, in particular, the number of judicial proceedings which have been instituted and the penalties imposed. The Committee also asks the Government to indicate national legislative provisions punishing trafficking in persons for the purpose of exploitation of their labour.

Article 2(2)(c). Sentence of community work. The Committee notes the national legislative provisions concerning a sentence of community work. It observes that the legislation provides for the imposition of community work in three cases:

n      Community work as a sanction alternative to a fine (section 53 of the Penal Code, as amended by Decree No. 110-2005). According to this provision, conditions and duration of community work shall be determined by the judge responsible for the execution of sentences in the course of a verbal hearing, in the presence of a prosecutor and taking into account the place of abode of the convicted person’s family, his/her occupational skills and the minimum wages level established by the State.

n      Community services imposed as a sanction for domestic violence for a term of one month up to one year (section 7 of the Law against domestic violence).

n      Compulsory community work as a correctional measure (section 128(9) of the Law on Police and Public Tranquillity).

The Committee recalls that, in order to be compatible with the Convention, work shall be imposed only as a consequence of a conviction in a court of law and shall be performed for the benefit of the State. It thus shall be performed for a public institution or a private non-profit-making entity.

The Committee requests the Government to indicate the authority which can impose a sanction of community work as a correctional measure provided for in section 128(9) of the Law on Police and Public Tranquillity, the conditions in which such work can be performed and institutions for which it may be carried out. Please also provide information on the conditions in which community service is performed as a sanction provided for in section 7 of the Law against domestic violence, as well as the condition in which community work is performed as a sanction alternative to a fine, as provided for in section 53 of the Penal Code. Please also provide a list of public institutions and private entities in which such sanctions can be executed.