Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Trafficking in persons. In its previous comments, the Committee noted that Angola was one of the countries covered by the Southern African Counter-Trafficking Assistance Programme of the International Organization for Migration (IOM) and that, within this framework, several activities had been undertaken to combat human trafficking in Angola. The Committee requested the Government to provide detailed information on the measures taken to combat human trafficking, in terms of both prevention and suppression.

In its latest report, the Government confines itself to indicating that the practices of the trafficking or sale of persons are punishable under the Penal Code. The Committee expresses surprise at this reply. Indeed, as the Government has not confirmed that the draft new Penal Code to which it referred has been adopted, it would be the Penal Code dating from the colonial era which remains in force. Despite the absence of information from the Government, the Committee observes that the collaboration between the IOM and the Ministry of the Interior was continued in 2008 with the organization of workshops and the drafting of a study on human trafficking in Angola, the conclusions of which should be published by the end of the year. The Committee trusts that the Government will provide detailed information in its next report on all the activities that it is undertaking or envisages undertaking to prevent and combat human trafficking. It draws the Government’s attention to the need to take measures to include provisions in the national legislation which specifically define the elements that constitute human trafficking, both for labour and sexual exploitation, and which incriminate it and establish dissuasive penal sanctions. The Committee would also be grateful if the Government would provide information on the characteristics of the phenomenon of human trafficking in Angola, and the difficulties encountered by the authorities responsible for preventing and suppressing trafficking. Please indicate whether rulings have been handed down by criminal courts and sanctions imposed on the persons convicted of this crime.

Article 2, paragraph 2(c). Civic service. In its previous comments, the Committee noted that work or services performed by virtue of military laws or those respecting civic service of general interest are not deemed to be forced labour (section 4 of the General Labour Act of 2000). Moreover, under the terms of section 10 of the General Act on Military Service (Act No. 1/93 of 26 March 1993) and section 7 of the National Defence and Armed Forces Act (Act No. 2/93 of 26 March 1993), conscientious objectors may carry out their compulsory military service in the form of a civic service which has to be covered by regulations. The Committee notes the Government’s indication that the text to regulate civic service has not been adopted. It requests the Government to indicate whether it envisages introducing civic service in the near future. If so, please provide a copy of any text adopted for this purpose.

Article 2, paragraph 2(d). Powers of requisition. In reply to the Committee’s comments, the Government, while reaffirming that Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1993 were tacitly repealed by the entry into force of the 1992 Act amending the Constitution and the 2000 General Labour Act, specifies that it is still possible to propose their formal repeal to the competent authorities. The Committee notes this information and hopes that the Government will take the necessary measures to complete the repeal of these Orders which grant powers for the requisitioning of workers which go beyond what is authorized under Article 2, paragraph 2, of the Convention. Indeed, the Committee continues to consider that the formal repeal of these texts is necessary in order to avoid any legal ambiguity and to ensure that positive law reflects practice.

Adoption of the new Penal Code. The Committee requests the Government to indicate the progress made in the process of adopting the new Penal Code and, where appropriate, to provide a copy.