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

Convention (n° 29) sur le travail forcé, 1930 - Sénégal (Ratification: 1960)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In reply to the Committee’s comments, the Government has sent detailed information on measures taken to combat trafficking in persons. The Committee notes, in particular:

-the activities carried out by the National Unit to Combat Trafficking in Persons, in particular women and children (CNLTP), which, by virtue of its structure, plays a role in coordinating and promoting measures to combat trafficking, both from the standpoint of strengthening the legislative framework and supporting the state actors and civil society involved in this mission;
-the workplan adopted by the CNLTP for the 2012–14 period, on the basis of the National Plan of Action, which is built around four strategic objectives: fostering a culture of prevention of trafficking in persons; improving the system for protecting victims; strengthening the actors’ capacities of intervention; and encouraging research;
-the organization, by the CNTLP, of awareness-raising and training activities, especially designed for magistrates, the labour inspectorate, criminal investigation officers and border police, media professionals;
-the measures taken to strengthen the mandate and capacities of the law enforcement officials in regions at risk, such as those near artisanal gold mining sites;
-the judicial proceedings initiated on the basis of a range of charges, including section 323 of the Penal Code (pimping) and Act No. 2/2005 concerning measures to combat trafficking in persons.

The Committee takes note of this information and encourages the Government to take all necessary measures to attain the strategic objectives laid down in the National Plan of Action and in the workplan adopted by the CNLTP for the 2012–14 period. The Committee asks the Government to provide information in this respect and to send a copy of the latest CNLTP annual report that should contain a review of the actions undertaken. Noting that the information on the judicial proceedings initiated mainly concerns matters of pimping or child begging, the Committee also requests the Government to describe the measures taken to strengthen the capacities of the police and labour inspectorate so that these bodies are able to better identify cases of trafficking in persons, both for purposes of sexual exploitation and labour exploitation, and to coordinate their action to ensure that persons engaging in trafficking are effectively brought to justice and the victims benefit from adequate protection and assistance, which would allow them to assert their rights and be reintegrated.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. Prisoners hired out to private enterprises and individuals. The Committee previously noted that Decree No. 2001-362 of 4 May 2001 on procedures for the implementation and organization of penal sanctions allows detainees to work for the benefit of private operators (private individuals or companies), either within or outside the prison (section 38). Prison labour can only be hired to private individuals, companies or associations with the consent of the prisoners concerned (section 32), and the working conditions of prisoners placed with private persons are similar to those prevailing on the free labour market (see particularly sections 51 and 81). As regards prisoners working inside the prison, section 47 of the Decree states that any agent or beneficiary of prison labour shall pay a fee which does not represent a wage and the rate of which shall be set jointly by the minister responsible for the prison service and the Finance Minister. In this respect, the Government specified that the consent of prisoners to work for private entities is given verbally in a court hearing, and that it is given freely without the prisoners being subject to the threat of any penalty or the loss of a right or advantage.

The Committee requests the Government to provide statistical data in future reports on the number of prisoners working for private entities (either individuals or enterprises) and on the manner in which this work is organized. In the event that any contracts for the hiring of prison labour have been concluded between prisons and private entities, the Government is also asked to provide a copy of these contracts and give information on the rate of the fee that has to be paid by such entities and on the wages paid to the prisoners (sections 44 and 47 of Decree No. 2001-362).

2. Community work. The Committee notes that, in reply to its comments, the Government reiterates that the sentence of community work has not yet been handed down by the judicial authorities because the follow-up committees in the community, whose task will be to implement this type of sentence, have still not been established. This sentence, provided for under section 44-3 of the Penal Code, consists of unpaid work performed by convicted persons, with their consent, who have completed two-thirds of their sentence, for the benefit of public associations or associations that undertake works for the benefit of the community. The Committee requests the Government to specify whether it intends on taking measures to establish follow-up committees in the community so that the sentence of community work may be imposed and, if so, to indicate the criteria used by the courts to authorize associations wishing to avail themselves of convicted prisoners to perform community work and the types of work performed.