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Forced Labour Convention, 1930 (No. 29) - Seychelles (RATIFICATION: 1978)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee takes due note of the adoption of the Prohibition of Trafficking in Persons Act, 2014, section 3(1) of which prescribes penalties for trafficking in persons for both labour and sexual exploitation, of up to 14 years of imprisonment and a fine. The Committee notes the Government’s reference in its report to the training of officials of the Ministry of Employment, Immigration and Civil Status on trafficking in persons, and monthly meetings chaired by that Ministry to consider, among other labour law violations, potential cases of trafficking in persons. The Committee also notes the Government’s reference, in its report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182) to the conviction of a person under the Prohibition of Trafficking in Persons Act. The Committee requests the Government to continue to provide information on any measures taken to prevent and combat trafficking in persons, including the training provided to the competent authorities in that area. The Committee also requests the Government to provide information on the application in practice of section 3(1) of the Prohibition of Trafficking in Persons Act, including the number of investigations, prosecutions and convictions, and to specify the penalties imposed.

2. Institutional framework and measures to combat trafficking in persons. The Committee welcomes the establishment of the National Coordinating Committee on Action Against Trafficking in Persons as foreseen under the Prohibition of Trafficking in Persons Act. It notes that, pursuant to section 21 of this Act, the National Coordinating Committee is composed of representatives of several ministries, law enforcement bodies and non-governmental organizations working in the area of trafficking in persons. The Committee further notes that, in accordance with section 22 of the Act, the National Coordinating Committee is responsible for the formulation of policies, strategies and other measures, including with regard to the implementation of the National Action Plan on trafficking in persons, the preparation of annual reports on progress in the national response to trafficking in persons and the provision of assistance to victims of that crime. The Committee notes from the 2018 report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the review of the first National Strategic Framework and Action Plan to combat trafficking in persons (2014–2016) is pending (CEDAW/C/SYC/6, paragraph 160). The Committee requests the Government to provide information on any measures adopted by the National Coordinating Committee, particularly with regard to the implementation of the National Strategic Framework and Action Plan to combat trafficking in persons (2014–2016), and on any progress made regarding the adoption of the new national action plan, and to provide a copy of that plan, once adopted.

3. Assistance and protection for victims. The Committee notes that the Prohibition of Trafficking in Persons Act contains several provisions for the protection and assistance for victims of trafficking, including the referral of presumed victims of trafficking to care or shelter facilities (section 10); the possibility to order witness protection by the Court (section 11); the possibility to make special arrangements to protect the privacy of presumed victims of trafficking, or to protect vulnerable witnesses during court proceedings (sections 13 and 14); the possibility to stay orders of deportation for 30 days or to issue residence permits for the duration of court proceedings (sections 15 and 16); the guarantee that victims of trafficking bear no responsibility under immigration law (section 17); and the possibility of the courts to grant victims of trafficking compensation (section 18). Part V of the Prohibition of Trafficking in Persons Act provides for the establishment of a dedicated Trafficking in Persons Fund, including for the provision of services to victims and the payment of compensation to victims under section 18 of the Act. The Committee also notes that under section 22(3) of the Act, the National Coordinating Committee is responsible for developing a strategy for the provision of services to the presumed victims of trafficking and victims of trafficking, including medical services, adequate shelter and basic needs, counselling and other psychological support, legal advice and assistance, assistance of an interpreter or translator, repatriation and social integration. The Committee requests the Government to provide information on the application in practice of the Prohibition of Trafficking in Persons Act regarding the protection of victims, including the number of victims identified, the types of assistance and services provided to them and the number of those who have benefited thereof.

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The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

Article 1(1) and Article 2(1) of the Convention. The Committee's earlier comments concerned the right to resign from public and particularly military service. The Committee hopes the next report will include a copy of section 132 of the Public Service Orders. The Committee refers to paragraphs 67 to 73 of its 1979 General Survey of the abolition of forced labour and requests the Government to provide information on the current practice, in particular regarding the freedom of persons, who have received training, to resign.

The Committee notes the Government's statement in its report that no prisoners are requested to work for private individuals, companies or associations. However, the Committee refers to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999) and would be grateful if the Government would include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.