Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Repetition

Articles 1(2), 2(2) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to indicate the measures taken to raise the awareness of the competent authorities and the general public on the problem of the trafficking of adults and to provide information on the court proceedings instituted in this field. In its report, the Government indicates that, without dismissing the possibility of adopting a specific law on trafficking in persons, the provisions of sections 335 (procurement), 373 (abduction), 376 (deprivation of the liberty of a third person) and 378 (exaction of labour against the will of another person) of the Penal Code enable the authorities to prosecute and punish this scourge.

The Committee also notes that, according to the communiqué of the Council of Ministers of 5 November 2014, available on the Internet site of the Office of the President of the Republic, the Council of Ministers adopted a communication on measures to combat trafficking, exploitation and the worst forms of work, particularly for young girls. Emphasizing the gravity and scope of the phenomenon of trafficking, exploitation and the worst forms of work, which are taking on worrying proportions, the Council of Ministers ordered a series of urgent measures, including: the establishment of a national committee on action to combat trafficking, exploitation and the worst forms of work; the implementation of a far-reaching awareness-raising campaign; the launching of criminal prosecutions against those responsible for trafficking and the exploitation of labour. The Council of Ministers also referred to longer-term measures, such as the adoption of a framework act to combat trafficking in persons, and of a national plan. The Committee observes that, if they are adopted, these measures will reinforce the legislative framework to combat trafficking in persons and will constitute an indispensable strategic and institutional framework for combating this complex phenomenon. The Committee therefore hopes that the Government will take all the necessary measures without delay to implement the measures envisaged in the communication of the Council of Ministers of 5 November 2014 and that it will provide detailed information on this subject in its next report. The Committee also requests the Government to provide more specific information on the court proceedings instituted and the rulings issued in cases of trafficking in persons, based either on the provisions of the Penal Code referred to above or the new provisions that the Government intends to adopt. In this regard, the Committee requests the Government to indicate the measures taken to raise awareness, train and reinforce the capacities of the competent authorities in this respect (labour inspection, police, the prosecution and judicial authorities) and to ensure the protection of victims.

Article 2(2)(d). Powers of requisitioning. On many occasions, the Committee has drawn the Government’s attention to the need to repeal or amend Act No. 63-4 of 17 January 1963 on the use of persons for the purpose of promoting national economic and social development and its implementing Decree No. 63-48 of 9 February 1963. The Act allows the requisitioning of persons over 18 years of age to perform certain types of work of national interest with a view to national economic and social promotion. Decree No. 63-48 defines powers of requisitioning too broadly in a manner which goes beyond the emergency situations envisaged in Article 2(2)(d) of the Convention.

In its latest report, the Government indicates that these texts have still not been revised, but that reflection is being undertaken in a commission to refine legislative texts. The Government adds that, as the Convention is supranational in scope, it prevails and any contrary national provisions are not applied. The Committee notes this information and observes that the Government has been referring for many years to the possibility of revising the texts referred to above, in recognition that they are outdated and contrary to the Convention. The Committee therefore expresses the firm hope that the Government will be in a position to indicate in its next report the revision of the texts referred to above so that powers of requisitioning are strictly limited to circumstances which endanger or are likely to endanger the existence or well-being of the whole or part of the population.