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

Convention (n° 29) sur le travail forcé, 1930 - Paraguay (Ratification: 1967)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening of the legislative framework and effective enforcement of the law. With reference to its previous comments, the Committee takes due note of the adoption of the Comprehensive Act to combat trafficking in persons (Act No. 4788 of 13 December 2012) which consolidates the already existing legislative framework and provides for institutional strengthening, particularly with a view to ensuring greater protection for victims. The Act criminalizes trafficking in persons for sexual exploitation and for the purpose of subjecting an individual to servitude, forced marriage, forced labour, slavery or any similar practice, and defines all of these practices. It envisages the possibility for the authorities to make use of special means of investigation and facilitates the participation of victims in judicial procedures. The Committee also notes the existence within the Ministry of the Interior and the Office of the Public Prosecutor of specialized units to combat trafficking in persons, which work in close collaboration.

The Committee hopes that the new Act will contribute to combating trafficking in persons more effectively. It notes in this respect that the Government has not provided any information in its report on the number of judicial procedures initiated in cases of trafficking of persons, nor on the penalties that have been imposed on those found guilty under the previously applicable legislation. The Committee requests the Government to provide information on the measures taken to continue raising awareness and training law enforcement officials, as well as prosecution and judicial authorities concerning trafficking in persons both for sexual exploitation and for the exploitation of their labour, and to strengthen their resources so that they are able to identify victims, conduct appropriate investigations and initiate judicial proceedings. Please provide statistical information on the prosecutions that are being carried out and the penalties imposed.

2. Prevention measures and the protection of victims. The Committee notes that the new Act reaffirms that the Inter-institutional Forum for Preventing and Combating Trafficking in Persons is the coordinating body responsible for giving effect to the National Policy to Prevent and Combat Trafficking in Persons and for monitoring its implementation, as well as that of the plans adopted at the departmental and municipal levels. For this purpose, the Act envisages the adoption of operational programmes and the establishment of a national investment fund for prevention and assistance to victims, the resources for which are to be allocated in the annual Budget Act of the nation. The Committee hopes that the Inter-institutional Forum for Preventing and Combating Trafficking in Persons will be provided with the necessary resources for the development of the National Policy to Prevent and Combat Trafficking in Persons, to monitor its implementation at the national, departmental and municipal levels and to ensure the coordination of the Policy. Please provide information on the activities undertaken for this purpose, the obstacles encountered and the measures taken to overcome them.

With regard to victim protection, the Committee notes that the Act contains a special title to strengthen the assistance provided to victims. In particular, the Act provides for the preparation of guidelines on the identification of victims, the establishment of programmes of immediate and medium-term assistance, the granting of a period of reflection and recuperation and a residence permit, the prohibition of the prosecution of victims for offences that are directly related to their situation and the possibility for the courts to order compensation for victims during criminal proceedings. The Committee requests the Government to provide information on the measures taken for the implementation of the victim protection and assistance programmes envisaged in sections 30–43 of the Comprehensive Act to combat trafficking in persons (Act No. 4788 of 2012). Please indicate the number of victims who have benefited from these programmes.