Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. The Committee notes that the Penal Code of 2007, as amended by Law No. 26 of 21 May 2008, contains provisions punishing sexual exploitation and trafficking in persons for the purpose of sexual exploitation. Thus, section 178 provides for penalties of imprisonment for a term of four to six years for any person who facilitates, encourages, recruits or organizes the entry into or the exit from the country of another person, or the internal movement by that person within the national territory, with a view to submitting that person to prohibited sexual activities or sexual slavery. The Committee also notes other provisions of the Penal Code punishing other crimes related to trafficking in persons, such as association of persons with a view to committing human trafficking (section 325); receiving, depositing, negotiating, transferring or exchanging money, titles, goods or other financial resources resulting from the activities related to trafficking of migrants, human trafficking or commercial sexual exploitation, with the aim of concealing the illicit origin of such resources (section 250); or obtaining, retaining or destructing passports or other identity documents of workers (section 155). While noting these provisions, the Committee observes that the national legislation does not seem to contain provisions punishing trafficking in persons for the purpose of exploitation of their labour and consequently requests the Government to provide information on this point. It also asks the Government to communicate detailed information on the measures taken in order to prevent, suppress and punish trafficking in persons both for sexual exploitation and for exploitation of their labour. Please state whether any legal proceedings have been instituted against perpetrators, indicating the penalties imposed and communicating copies of the relevant court decisions. Please also indicate the difficulties encountered by the competent public bodies in this field.

Article 2, paragraph 2, subparagraph (c). Work exacted as a consequence of a conviction in a court of law. The Committee notes that the 2007 Penal Code provides, among the alternative penalties, for the penalty of community work. Sections 65 to 67 lay down the conditions for the execution of that penalty and stipulate that the persons concerned must give their consent in writing; that the work must be carried out in public entities, in the public health or educational institutions, in associations or in the event of calamity; and that the judge responsible for the execution of penalties shall monitor the performance of such work. The Committee asks the Government to indicate, in its next report, the institutions in which convicted persons may serve this kind of penalty and the type of work performed.

The Committee also notes that section 57 of the Penal Code (included in the chapter governing the execution of principal penalties) allows the judge responsible for the execution of penalties to authorize, as an alternative measure to imprisonment, the voluntary participation of a convicted person in a study programme or work programme to be performed inside or outside of a penitentiary establishment. The Committee notes that “non-remunerated community work” is mentioned among other activities listed in this section. The Committee asks the Government to indicate whether this kind of work is subject to the same conditions as community work provided for in section 65 of the Penal Code. If it is not the case, please indicate the institutions for which this work may be carried out and give the examples of the types of work performed.