Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Venezuela (République bolivarienne du) (Ratification: 1944)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons.

Legislative framework and enforcement of effective penalties. In its previous comments, the Committee observed that several provisions contained in different texts referred directly or indirectly to trafficking in persons:

– article 54 of the Constitution, under which no one may be subjected to slavery or servitude, and by virtue of which trafficking in persons, particularly of women, children and young persons, in all its forms, shall be subject to the penalties prescribed by law;
– sections 4(10) and 173 of the Penal Code, under which anyone who participates in trafficking in slaves or who reduces a person to slavery or a condition akin to slavery shall be liable to a sentence of imprisonment of from six to 12 years;
– section 56 of the Basic Act of 2007 on the right of women to a life free from violence, which defines trafficking in women, children and young persons and establishes a sentence of imprisonment of from 15 to 20 years;
– sections 15 and 16(11) of the Act against organized crime of 2005, under the terms of which trafficking in persons and migrants shall be considered to constitute the offence of organized crime with the prescribed penalty of from four to six years of imprisonment;
– sections 53, 56 and 57 of the Act of 2004 concerning foreign nationals and migration of 2004 which establishes sentences of imprisonment of from four to eight years for anyone who employs foreign workers whose status is illegal with a view to exploiting them, and sentences of between eight and ten years in cases of the illegal trafficking in persons involving the use of violence, intimidation or deceit, or the abuse of a situation of need, the gender of the victim or the victim’s situation of vulnerability.

The Committee previously requested the Government to provide information on the number of complaints and cases of trafficking in persons that had been investigated, and the number of cases that resulted in judicial proceedings and convictions. The Committee notes the Government’s indication in its latest report that the Office of the Public Prosecutor has initiated 63 legal proceedings for trafficking in persons, of which 40 are at the investigation stage, six at an intermediate stage and seven before the courts. Of these proceedings, 13 were initiated under section 56 of the Act respecting foreign nationals and migration, of which three resulted in convictions to sentences of imprisonment of from two to five years.

The Committee notes this information and, in view of the low number of convictions up to now, requests the Government to continue providing information on the measures taken to strengthen the resources available to, as well as the capacity of the police and prosecution services to identify victims, conduct investigations and initiate prosecutions so that sufficiently dissuasive penalties can be imposed in practice against persons found guilty of the crime of trafficking in persons. Please also indicate the measures taken to facilitate the participation of victims in the various stages of the judicial proceedings.

The Committee also notes, from the website of the National Assembly, that a Bill was submitted to the National Assembly in November 2011 defining the elements that constitute trafficking in persons and providing for the establishment of a fund for the prevention of trafficking in persons and for assistance to victims. The Committee requests the Government to provide information on the progress made in the examination of this Bill which, when adopted, will reinforce the legislative component of the measures to combat trafficking in persons, particularly in cases where the victims are men and/or nationals, and will contribute to the implementation of a comprehensive policy to combat trafficking in persons.

Prevention and awareness raising. The Committee notes that the General Crime Prevention Department of the People’s Ministry for Internal Relations and Justice is the central body responsible for establishing and implementing policy for the prevention of trafficking in persons and the coordination of measures for that purpose. The Committee notes, from the website of the General Crime Prevention Department, that a number of public awareness-raising activities, including in the tourism and education sectors, were undertaken in 2011 and 2012, as well as training workshops for those responsible for combating trafficking, including officers of the various police forces and officials of the Office of the Public Prosecutor. The Committee requests the Government to provide information in its next report on the training activities undertaken and the measures adopted or envisaged by the General Crime Prevention Department to reinforce prevention and for the coordination of the various bodies responsible for combating trafficking in persons.

Protection of victims. In its previous comments, the Committee requested the Government to provide information on the operation of victim assistance units, which are responsible for assisting and guiding victims of all types of crimes covered by public action, including trafficking in persons. The Committee notes the Government’s indication that in two cases assistance has been provided to victims of trafficking in persons, at the request of the Office of the Public Prosecutor, in the form of medical and legal assistance, or police protection. The Committee recalls that, in view of the situation of vulnerability of victims of trafficking in persons, and particularly victims who are of foreign nationality, their identification is an essential element in combating this scourge. The Committee therefore requests the Government to continue taking measures to ensure that victims of trafficking in persons benefit from psychological, medical and legal assistance in order to enable them to assert their rights and to contribute to their social reintegration.