Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Uruguay (Ratification: 1995)

Autre commentaire sur C029

Observation

2020

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the legislative and institutional framework established to combat trafficking in persons and the various measures adopted bore witness to the Governments’ will to combat this scourge. However, it noted that the measures taken have mainly focussed on combating the sexual exploitation of women and it requested the Government to also indicate the measures taken to combat the trafficking of men and women for labour exploitation.

The Committee notes that, in its report, the Government refers to the regular meetings held by the inter-institutional round table to prevent and combat trafficking in persons and adds that a representative of the Public Prosecutor now participates in these meetings. The Government also refers to the training provided throughout the national territory to the officials of the Office of the Public Prosecutor. With regard to the application of section 78 of Act No. 18,250 on migration, which penalizes trafficking in persons, the Government refers to three prosecutions which resulted in convictions for the crime of trafficking in persons and two other current prosecutions.

The Committee observes that the inter-institutional round table to prevent and combat trafficking in persons was established following the adoption of Decree No. 304/015 of 6 November 2015. Its objectives include the provision of a forum for coordination and advice for the development of comprehensive public policies in response to the issue of trafficking; the formulation of a national plan of action and monitoring of its implementation; and the preparation of an annual report on the situation of trafficking in the country, including the results achieved. The Committee also notes that, according to the information available on the website of the Parliament, in 2016 a Bill was submitted in November with the objective of comprehensively regulating the prevention, investigation, prosecution and penalization of the crime of trafficking in persons and the protection and compensation of victims. With regard to the protection of victims, the Committee notes that it is mainly carried out through the National Institute for Women of the Ministry of Social Development (INMUJERES), which manages the centre that provides women victims of trafficking for sexual exploitation with specialized services of psychological, social and legal assistance free of charge, and which has also set up a telephone assistance line. According to the website of INMUJERES, between March 2011 and January 2016, a total of 265 women benefited from its services. Finally, the Committee notes that the Ministry of the Interior is working on the preparation of an action protocol intended to harmonize the intervention procedures of the police and to propose the necessary tools throughout the country to investigate and combat the crime of trafficking in persons.

The Committee welcomes the overall and integrated approach adopted by the Government to strengthen action to combat trafficking in persons for both sexual and labour exploitation. The Committee hopes that the Government will continue to follow this approach and that it will take all the necessary measures for the adoption of the Bill on comprehensive action to prevent and combat trafficking in persons. The Committee also requests the Government to provide detailed information on the activities of the inter-institutional round table to prevent and combat trafficking in persons and the results achieved. It also requests the Government to indicate whether the inter-institutional round table has formulated a national plan of action and published annual reports on the situation of trafficking in persons, as envisaged by Decree No. 304/015, and provide any available information in this respect. Finally, the Committee would like the Government to continue providing information on the cases of legal action initiated under section 78 of Act No. 18,250 on migration and the penalties imposed, with an indication of the measures taken to reinforce the capacity of the police, prosecution and judicial authorities to identify situations of trafficking in persons and to protect victims.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that, in the context of public–private partnerships, there was a construction project for a prison for which the Ministry of the Interior had made a call for tenders in December 2012. In its report, the Government indicates in this regard that the prison is currently under construction and that, once it has been inaugurated, information will be provided on the labour procedures established in the context of reintegration programmes for prisoners. The Committee requests the Government to indicate whether the issue of labour by prisoners is covered in the public–private partnership contract, and to indicate whether the private entity selected to finance and construct the prison is required to fulfil certain obligations in relation to the provision and management of prison labour. Please indicate the requirements that have to be fulfilled in relation to work performed by prisoners in the context of a prison with mixed management (consent, pay and conditions of work).