CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Senegal (RATIFICATION: 1960)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the implementation of a workplan adopted by the National Unit to Combat Trafficking in Persons, in particular Women and Children (CNLTP) for the period 2012–14, based on the National Plan of Action, of which the four strategic objectives are: fostering a culture of prevention of trafficking in persons, improving the system for protecting victims, strengthening the intervention capacity of the actors involved and promoting research. The Committee previously requested the Government to provide information on the measures taken to achieve the strategic objectives of the National Plan of Action and to strengthen the capacities of the forces of order and the labour inspectorate to ensure that persons engaging in trafficking are effectively brought to justice and that victims are protected.

The Committee notes from the Government’s report that the annual workplan of the Ministry of Labour, adopted for 2016, includes plans to strengthen the capacities of the labour administration in relation to trafficking in persons. It also notes the joint annual report, prepared by the CNLTP, on the current situation and the implementation of the National Plan of Action. According to the report, training has been provided to those responsible for law enforcement with a view to harmonizing judicial action, which is crucial for the detection and repression of acts of trafficking. The Committee also notes the establishment of a database listing judicial action in relation to trafficking in persons. This database includes information on the identification, prosecution and conviction of those engaged in trafficking and the identification of victims. The Committee encourages the Government to continue taking measures with a view to the achievement of the strategic objectives of the National Plan of Action adopted by the CNLTP with a view to combating trafficking in persons. Noting the measures implemented between January 2012 and June 2014, the Committee requests the Government to provide information on the progress achieved and the obstacles encountered in combating trafficking in persons, and particularly on the number of prosecutions initiated and the nature of the protection provided to victims. Please also provide information on the database and on the manner in which this information is used to combat trafficking in persons. Recalling that the forces of order and labour inspection are essential links in the chain to combat trafficking in persons, the Committee encourages the Government to continue taking measures to reinforce their capacity for action.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prisoners hired out to private enterprises and individuals. In its previous comments, the Committee noted that Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions allows detainees to work for the benefit of private operators either within or outside the prison. The hiring of prison labour to private individuals, companies or private law associations cannot occur without the consent of the prisoners concerned and without the working conditions of the prisoners hired out to private individuals approximating to those prevailing on the free labour market (sections 32, 38, 51 and 81). The Government indicated that prisoners who work for private entities give their consent verbally in a hearing before the relevant court, freely, without being under the menace of any penalty, or the loss of any right or advantage. The Committee notes the Government’s reply stating that it undertakes to provide the Committee with any further information on cases of the hiring of prison labour.

2. Community work. With reference to its previous comments, the Committee notes that the Government reiterates the information provided previously, namely that the sentence of community work has yet to be handed down by the judicial authorities because the follow-up committees in the community, which will be responsible for implementing this type of sentence, have not been established. The Government adds that it will inform the Committee of any developments in this regard.