Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes that sections 160 and 172 of the Penal Code define the elements constituting the crimes of trafficking in persons for labour exploitation and trafficking in persons for prostitution and that these crimes incur a prison sentence ranging from two to eight years (with longer sentences for aggravating circumstances). The Committee requests the Government to provide information on any measures taken to prevent the trafficking in persons and, in particular, measures to raise public awareness of the phenomenon. It also asks the Government to provide, if applicable, information on instances of trafficking that have been detected and the legal proceedings initiated.

Article 2(2)(a). Work exacted under compulsory military service laws. The Committee previously noted that article 64(2) of the Constitution provides that all citizens have a duty to perform military service, under the terms prescribed by law. It notes that, in its latest report, the Government confirms that military service is compulsory and refers to section 7 of Act No. 8/2010, a revision of Act No. 2/1994 on national defence and the armed forces. The Committee once again requests the Government to supply a copy of this Act and to indicate the types of work that conscripts may be required to perform in the course of their compulsory military service.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes that section 44 of the new Penal Code provides that the conditions under which prison sentences are executed shall be regulated by special legislation which determines the rights and duties of the prisoner. The Committee takes note in this connection of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures. Section 7 of this Act recognizes the prisoners’ right to work and to social security. The social rehabilitation and prison administration service (SERSAP) is responsible for ensuring that all prisoners may engage in a remunerated occupational activity which contributes to bringing prison life closer to the conditions of life in freedom. SERSAP also has to ensure as far as possible that the work gives rise to the deduction of social security contributions. Lastly, work carried out either inside or outside of prison must always be fairly remunerated. The Committee takes due note of these provisions and requests the Government to supply information, in its future reports, on the way in which the prisoners who may be called on to work for private entities formally express their consent to work, as well as information on the level of their remuneration.

2. Sentence of community work. The Committee notes that section 56 of the Penal Code provides for a sentence requiring the performance of community work. According to this provision, persons so sentenced carry out work solely for the benefit of the State or other public legal entities and this penalty may be applied only if the convicted person so agrees. The Committee notes in this regard that, under the terms of section 1 of Act No. 5/2003 of 2 June 2003 which already regulated the performance of community work, work may also be carried out for the benefit of a private entity if the court considers that the latter’s activity pursues the interest of the community. SERSAP is required to keep an up-to-date register of interested public or private entities. Such entities must carry out work for the public interest (section 3). The Committee requests the Government to communicate a copy of the list of public and private entities authorized to receive persons sentenced to perform community work compiled and updated by SERSAP.