Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the strengthening of the legal framework to combat trafficking in persons and the measures taken for the implementation of the four strategic areas of the National Plan against Trafficking in Human Beings (PNCTSH I), and particularly the establishment of an Observatory on trafficking in human beings and support measures for victims. On the basis of the evaluation of the implementation of the plan of action, the Committee requested the Government to continue to provide information on the measures taken to improve the social and occupational integration of victims and to reinforce repressive measures to combat trafficking in persons.

The Committee notes the Government’s indication in its latest report that the Observatory on trafficking in human beings has improved its methods for the collection and processing of data related to trafficking, which should result over time in a fuller knowledge of the phenomenon, and particularly the entry of data on labour exploitation and forced begging. The Government also refers to the final evaluation of the implementation of PNCTSH I against trafficking in human beings undertaken by the Centre for Social Studies, which served as a basis for the adoption and implementation of PNCTSH II, covering the period 2011–13. The objective of PNCTSH II is to consolidate the national strategy in this area by reinforcing the four pre-identified areas of action. With regard more particularly to the repressive measures, the Government refers to measures 38 to 40 of the PNCTSH II, which are intended to strengthen the specialization of criminal police bodies, reinforce coordination and establish a single contact point within these bodies for the exchange of urgent information in the field of trafficking of persons. In its report, the Government emphasizes the role to be played by the labour inspectorate (the Labour Conditions Authority (ACT)) in identifying situations related to the trafficking of persons for the exploitation of their labour and in reporting them to the competent authorities. In this context, 159 inspections were carried out in 2009 and 12 in 2010. Finally, the Government indicates that, between 2009 and 2010, 39 cases of trafficking were confirmed, of which 17 were for the purpose of labour exploitation.

The Committee notes all of this information. It also notes that, in its comments attached to the Government’s report, the General Workers’ Union (UGT) refers to certain isolated situations of the exploitation of foreign workers who are victims of trafficking of persons by organized crime networks, which require sustained attention by the State in the context of the PNCTSH II. The Committee observes that the adoption of a new national plan containing more targeted measures confirms the Government’s commitment to continue combating trafficking. Nevertheless, it observes that, despite the adoption of such measures and the identification of a number of victims, no legal proceedings have been initiated under section 160 of the Penal Code, which criminalizes trafficking in persons. The Committee emphasizes that it is essential to continue raising the awareness of those involved in combating trafficking in persons and to train them in the detection of victims of both trafficking for sexual exploitation and for the exploitation of their labour. The evidence gathered by labour inspectors and criminal police officers is essential to allow the investigation authorities to establish the offence and initiate criminal proceedings. The Committee therefore requests the Government to provide information in its next report on the implementation of the measures envisaged in the four strategic areas of the PNCTSH II, and particularly those intended to promote training for the actors involved in combating trafficking in persons (magistrates, the labour inspection services and the police) and to ensure better coordination of their action. Please also provide information on the measures taken to reinforce the resources and capacities of law enforcement bodies. Finally, the Committee requests the Government to provide information on the judicial proceedings initiated under section 160 of the Penal Code.