Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee noted the new provisions of the Penal Code criminalizing trafficking in persons for labour exploitation and prostitution (sections 160 and 172) and asked the Government to provide information on any measures taken to prevent and suppress trafficking in persons. The Government indicates in its report that measures have been taken to give officials specialist training in combating the trafficking of persons. Technicians of the Criminal Investigation Police (PIC) received training in 2013 and 2015 in relation to the trafficking of persons and the police force is preparing an awareness-raising campaign. Other awareness-raising activities have been conducted in tandem for the general public, including some in cooperation with Interpol and the countries of the subregion. The Committee notes this information and requests the Government to continue taking steps to raise public awareness of trafficking in persons for both labour and sexual exploitation and also to provide training for the competent authorities in the identification and suppression of this crime. The Committee also requests the Government to provide information on any cases of trafficking that have been investigated, any judicial proceedings in progress and any convictions handed down.

Article 2(2)(a). Work exacted under compulsory military service laws. In its previous comments, the Committee asked the Government to indicate the types of work that conscripts may be required to perform in the course of their compulsory military service as prescribed by section 7 of Act No. 8/2010 concerning national defence and the armed forces. The Government indicates that conscripts receive three months of military training in which they only perform military tasks. At the end of this training, they are considered as soldiers fit to defend the country. The Committee notes this information. It observes that, according to the copy of Act No. 8/2010 sent by the Government with its report, compulsory military service is defined as each citizen’s contribution to the military defence of the country. The section concerned of the abovementioned Act also provides that civic service may be established to replace or supplement military service. This would consist of support activities for the general public in the national interest. The Committee requests the Government to specify the total duration of compulsory military service and to indicate whether the obligation to perform military service is limited to the three months of military training. It also requests the Government to indicate whether any kind of civic service has been established and, if so, to send a copy of any text regulating it, clarifying whether participation therein is compulsory and specifying the type of activities that have to be performed by persons to whom the obligation of service applies.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. In its previous comments, the Committee noted that labour is voluntary for persons serving a prison sentence and is organized by the Social Rehabilitation and Prison Administration Service (SERSAP), which must enable prisoners to engage in a paid occupational activity (Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures). The Committee notes the Government’s indication that prisoners may work for public institutions and enterprises which provide support to the prison service (food, health equipment, etc.). The Committee requests the Government to indicate whether the SERSAP has concluded agreements with private entities in order to provide work for prisoners inside or outside prisons.

2. Sentence of community service. Referring to its previous comments on sentences requiring the performance of community service, the Committee requests the Government once again to indicate whether, as provided for in section 3 of Act No. 3/2003 of 2 June 2003 on the enforcement of penalties and custodial measures, the SERSAP keeps a register of entities which provide work for persons sentenced to community service. If so, the Committee requests the Government to send a copy of the register or to clarify whether private entities have been authorized to take on persons who have been sentenced to community service.