Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Timor-Leste (Ratification: 2009)

Other comments on C029

Direct Request

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As regards its previous requests concerning freedom of civil servants and career members of the military forces to leave their service, the Committee notes the Government’s indication that no restrictions are imposed on the right of these categories of workers to terminate employment at their own request. The Government also asserts that there are no regulations establishing a minimum period of service for civil servants.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that section 163 of the Penal Code criminalizes human trafficking and prescribes sentences of eight to 20 years of imprisonment. Noting that the Government’s report contains no information on this point, the Committee requests the Government to provide information on the measures taken or envisaged to prevent, prosecute and punish trafficking in persons for purposes of both sexual and labour exploitation, including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general, as well as any difficulties encountered by the authorities in these areas.

Article 25. Penalties for the exaction of forced or compulsory labour. With regard to its previous comments concerning the imposition of penal sanctions for the exaction of forced labour, the Committee notes the Government’s statement that the Ministry of Labour (SEPFOPE) will initiate a consultation process in order to discuss the possibility of amending the Penal Code with a view to criminalizing and sanctioning the exaction of forced labour. In this connection, the Committee observes that the Penal Code contains provisions criminalizing coercion (section 158), grave coercion (section 159) and slavery (section 162), all of which are punishable with imprisonment (or a fine, in the case of coercion and grave coercion). The Committee therefore requests the Government to provide, in its future reports, information on the application in practice of the above provisions of the Penal Code, including information on any investigations carried out or legal proceedings which have been initiated, as well as the specific penalties applied.