CMNT_TITLE

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee takes note of Law No. 12/2013 on the Prevention of Human Trafficking (anti-trafficking Act) annexed to the Government’s report. It notes that the Act covers in its definition: sexual exploitation, debt bondage, illegal labour, forced labour, or other forms of servitude (sections 12 and 13). The Act also provides for a penalty of ten years’ imprisonment (section 17), and requires the provision of assistance to victims of trafficking regardless of the legality of their immigration status in the country (section 33). Moreover, a steering committee should be established to coordinate trafficking-related matters (section 60). The Committee notes the Government’s indication that, in 2016, for the first time, a case of trafficking was prosecuted and three perpetrators were sentenced to ten years’ imprisonment. The Committee further notes that in its concluding observations the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the anti-trafficking legislation enacted in 2013 and the establishment of a government oversight committee. While noting the forthcoming adoption of the National Action Plan against Human Trafficking and of national guidelines for the identification of and provision of assistance to victims, CEDAW was concerned about delays in establishing shelters for victims of trafficking and the absence of procedures for early victim identification, case management and victim protection. It also reiterated its concerns about emerging forms of internal trafficking and the risk of internal trafficking for women and girls from remote islands who are placed in households in the capital to gain access to higher education opportunities (CEDAW/C/MDV/CO/4-5, paragraph 24). The Committee requests the Government to provide further information on the measures taken to prevent, suppress and punish trafficking in persons. It also requests the Government to provide information on any action plan adopted in this regard. The Committee, finally requests the Government to continue to provide information on the number of investigations, prosecutions and convictions related to trafficking in persons, both for purposes of sexual or labour exploitation, as well as the specific penalties applied to those convicted.

Article 2(1). 1. Freedom of civil servants to leave their service. The Committee notes the absence of information regarding the freedom of civil servants to leave their service. The Committee therefore requests the Government to supply copies of laws and regulations governing civil servants, so that it may examine the conditions under which they can leave their service.

2. Freedom of career members of the armed forces to leave the service. The Committee notes that, by virtue of section 29(a) of Act No. 1/2008 on armed forces members of career military personnel may apply for resignation to the Minister, indicating the reason for resignation. Duties should be performed until the resignation is approved. The Committee also notes that under section 46 of the Act, the Minister shall formulate and implement regulations required to be made pursuant to this Act, including regulations on employment of armed forces. The Committee requests the Government to provide information on the criteria applied in accepting or rejecting a resignation submitted by career military members, indicating the provisions applied in this regard.

Article 2(2)(b). Civic obligations. The Committee notes that Chapter 2, paragraph 3(b) of the Employment Act does not exclude from the definition of forced labour any work or service which forms part of the national civic obligations of a person. The Committee also notes the absence of information in the Government’s report regarding the services which might be exacted as normal civic obligations of citizens which are not considered to be forced labour. The Committee therefore requests the Government to indicate the nature of the civic obligations, providing copies of the relevant legislative texts.

Article 2(2)(c). Prison labour. The Committee notes that, by virtue of Chapter 2, paragraph 3(b) of the Employment Act, the term “forced labour” does not include any work or service carried out as a consequence of a conviction in a court of law, and under the supervision of the relevant State authority. However, it notes that the Employment Act does not provide that convicted persons should not be hired or placed at the disposal of private entities, as required under Article 2(2)(c) of the Convention.

The Committee recalls that compulsory work or service exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two cumulative conditions are met, namely: that the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to provide information on the work of convicted persons, indicating whether they may perform labour for private individuals, companies or associations, and if so, under what conditions. The Committee also requests the Government to supply the relevant legislation regulating such a work.

Article 2(2)(d). State of emergency. The Committee observes that the Employment Act, excludes from forced labour any work or service exacted in cases of emergency. The Committee requests the Government to indicate the legislation regulating cases of emergency. It also requests the Government to provide information on the guarantees provided to ensure that the power to call up labour in such cases is limited to what is strictly required by the exigencies of the situation and that work exacted in cases of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.