Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes the information sent by the Government on the measures it has taken to combat the trafficking of persons. The Committee notes in particular the adoption of Act No. 12/2011 of 6 July 2011 to prevent and combat trafficking in persons, especially women and children. The Committee notes that the Act is comprehensive in approach in that it contains a section on prevention; a section on enforcement, which defines the components of the crime of trafficking in persons and of related crimes and sets the applicable penalties; and a section on the protection of victims and their social reintegration (medical and psychological attention, legal assistance, etc.). Furthermore, under the Act citizens are required to report the crime of trafficking in persons to the competent authorities; victims and witnesses are to receive protection during criminal proceedings, with victims being granted temporary residence permits if they agree to collaborate with the authorities; and a national committee on prevention, protection, combat and victim support is to be set up to coordinate the fight against trafficking in persons. The Committee requests the Government to supply detailed information on the measures taken to implement Act No. 12/2011, and in particular on the activities developed by the Government and the national committee to:

• – carry out information and awareness-raising campaigns, protect and reintegrate victims, and investigate and collect information on victims (section 30 of the Act); and
• – ensure training for public employees liable to be in contact with victims (section 31).

Furthermore, noting the Government’s statement that some cases of trafficking in persons have been recorded but that no exact figures are available because there is not sufficient awareness of the phenomenon, the Committee requests the Government to indicate whether any legal proceedings have already been brought under Act No. 12/2011 and any penalties imposed, and to specify the difficulties the authorities encounter in this regard and the measures envisaged to overcome them.

Regarding its previous comments on the trafficking of children, the Committee refers the Government to its direct request of 2012 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), following the submission of the Government’s first report on the application of Convention No. 182.

Article 2(2)(c). Work exacted from a person as a consequence of a conviction in a court of law. In response to its previous comments relating to the working conditions of persons sentenced to imprisonment, the Government indicates that two Decrees have been adopted, namely Decree No. 12/2011, which approves the minimum rules for the treatment of prisoners, and Decree No. 13/2011, which approves the organization of penitentiary establishments. The Government reiterates that no detainees are obliged to work but, if they so wish, they may undertake work on their own account. The Government also specifies that, according to section 52 of Decree No. 12/2011, work assigned to prisoners may not be punitive in nature and the rules on occupational safety and health, working time and occupational injury compensation must be applied in a like manner to those rules in the legislation applicable to free workers.

The Committee notes this information and requests the Government to send copies of the aforementioned Decrees Nos 12/2011 and 13/2011. The Committee requests the Government to indicate whether, in practice, prisoners may be called on to work for private companies and, if so, to specify the manner in which they give their consent to carry out work for such companies.