Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 29) sur le travail forcé, 1930 - Honduras (Ratification: 1957)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the adoption of the Act against trafficking in persons (Decree No. 59-2012) strengthens the legislative and institutional framework to combat trafficking in persons, and asked the Government to provide information on the measures taken to implement the various components of the Act. The Government refers in its report to the following:

-in September 2014, the allocation of an operating budget to the Inter-institutional Committee against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), mandate of which is to promote, coordinate and evaluate activities for preventing and combating trafficking. In order to be able to take action throughout the country, 11 local committees have been established and awareness raising and training have been conducted for 480 inter-institutional stakeholders, with a view to formulating and implementing local intervention plans in the areas of prevention, protection of victims and prosecution of perpetrators;
-establishment of the immediate response team (ERI), which is responsible for identifying victims, providing them with assistance and referring the cases in question to the competent authorities. The ERI administers the freephone number which can be used for reporting cases of trafficking;
-development of a national system to register the information sent periodically by the CICESCT member institutions, with a view to having quantitative and qualitative data on trafficking in persons;
-formulation of a National Plan of Action against Commercial Sexual Exploitation and Trafficking in Persons (2015–20);
-provision of assistance to victims through, and in coordination with, civil society organizations in so far as there are no national programmes for this purpose;
-reinforcement of the unit in the Public Prosecution Service responsible for combating commercial sexual exploitation and trafficking in persons. Between 2010 and 2015, a total of 25 cases have been investigated, 19 court proceedings instituted and five court rulings handed down.

The Committee hopes that: (i) the National Plan of Action against Commercial Sexual Exploitation and Trafficking in Persons will be adopted in the very near future and will establish specific measures for prevention, for the protection of victims and for strengthening the capacities of the prosecuting authorities; (ii) that it will set specific objectives to be achieved; and (iii) that it will be provided with the necessary resources. Please indicate the measures taken to implement the National Plan of Action and to evaluate its impact and effectiveness. Noting the absence of a victim protection programme or of public centres to assist victims, the Committee requests the Government to take the necessary steps to ensure that victims receive protection and have access to justice. Please also indicate whether, in accordance with section 20 of the 2012 Act against trafficking in persons, the victim protection fund has been established and whether, in accordance with section 40, the victims identified have received compensation for the harm they have suffered. Lastly, the Committee requests the Government to provide statistics on the investigations carried out, the legal proceedings initiated and the penalties imposed, indicating any obstacles encountered by the authorities and any steps taken to overcome them.

Article 2(2)(c). Prison labour. In its previous comments, the Committee asked the Government to provide information on the legal regime applicable to prison labour. The Government refers to the adoption of the Act concerning the national prison system (Decree No. 64-2012 of 3 December 2012), sections 75–82 of which regulate work by prisoners, and also to Chapter XI of the regulations implementing the Act (Executive Decision No. 322-2014 of 12 March 2015). The Committee notes that prison work, which constitutes both a right and a duty, can assume different forms: work coordinated and implemented by the prison services, work in the general interest, work assigned by private law individuals or associations within the prison, or other forms. Under all these arrangements, the work must be carried out inside the prison and supervised by prison staff (sections 76 and 77 of the Act). The sentence enforcement court ensures that prisoners are not victims of abuse or exploitation. Moreover, the implementing regulations provide that working prisoners shall enjoy the same rights as free workers, in particular, pay corresponding to the minimum wage in force, limits on weekly hours of work and the right to annual holidays (sections 170, 171, 177 and 179). The Committee requests the Government to indicate whether, in practice, contracts have been concluded between prisons and private entities so that the latter can carry out commercial activities inside prisons using prison labour. If so, the Committee requests the Government to indicate how it is ensured in practice that prisoners give their free and informed consent to perform work for these private entities.