Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted that section 134 of the amended Penal Law No. 56/NA punishes human trafficking and that section 49 of the Law on Development and Protection of Women prohibits trafficking in women and children. It further noted that the Law on Anti-Trafficking in Persons was adopted in 2015. The Committee also noted the establishment of the Anti-Trafficking Committee and the development of a new National Plan of Action to Prevent and Combat Trafficking in Persons. It requested information on the application of the above-mentioned provisions in practice and on the adoption of the new National Plan of Action to Prevent and Combat Trafficking in Persons. The Government indicates in its report that the National Action Plan on Anti-Trafficking in Persons Phase 2 (2017–20) was adopted on 12 April 2017. It also developed activities to raise awareness on human trafficking and provided protection and assistance to victims of trafficking. The Government states that in 2017, the authorities received 69 complaints regarding trafficking in persons, out of which 44 led to investigations. It indicates that 24 offenders and 22 victims (all women) were identified. The Government further indicates that there were nine sentenced trafficking cases, involving 11 offenders and 23 victims. The Committee notes that the Government held a workshop on strengthening capacity and coordination on prevention and investigation of trafficking in persons for forced labour in May 2019, within the framework of the ASEAN Committee on Migrant Workers (ACMW) Work Plan 2016–2020. It also notes that, in its concluding observations of November 2018, the UN Committee on the Elimination of Discrimination against Women (CEDAW) welcomed the establishment of the National Steering Committee on Human Trafficking and the anti-trafficking divisions within police departments. However, it expressed concern at the increased risk faced by women in rural and remote areas of being trafficked for the purposes of sexual exploitation or forced labour, at the lack of a formal mechanism to monitor trafficking and exploitation of prostitution, and at the insufficient measures to protect victims and provide them with the necessary information and support (CEDAW/C/LAO/CO/8-9, paragraph 27).The Committee requests the Government to continue to provide information on the number of investigations, prosecutions and convictions, and to further indicate the nature of trafficking cases reported and the penalties imposed. The Committee also requests the Government to provide information on the measures taken to prevent trafficking in persons and to protect victims of trafficking, and on the implementation of the National Action Plan on Anti-Trafficking in Persons 2017–20.

2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee takes note of the Report entitled “What’s the incentive? Comparing regular and irregular migrant work experiences from the Lao People’s Democratic Republic to Thailand”, issued in 2018 by the United Nations Development Programme and the ILO, according to which Lao migrant workers in Thailand face various challenges, including having their passports confiscated (for 96 per cent of the regular migrant workers surveyed), feeling constrained or unable to leave their job (for 15 per cent of the regular migrant workers), non-payment of salaries (for six per cent of the irregular migrants surveyed), harassment and physical violence. The Committee notes the Government’s indication, in its report to the CEDAW of June 2018, that the Ministry of Labour and Social Welfare together with the International Organization for Migration (IOM) has worked on a programme to reduce risks of illegal migrant workers from all forms of forced labour, in 2016, by raising awareness regarding safe labour migration (CEDAW/C/LAO/Q/8-9/Add.1, paragraph 95).The Committee requests the Government to pursue its efforts to ensure that migrant workers are not exposed to practices that might increase their vulnerability to situations of forced labour. It requests the Government to provide information in this respect.

Articles 1(1) and 2(1). Freedom of civil service employees to terminate employment. The Committee previously noted that section 89 of the Decree on Civil Service of 2003 states that civil servants can voluntarily resign from their jobs by requesting approval from the responsible organization. The Committee requested the Government to provide information regarding whether a request for approval made by a civil servant for resignation may be refused by the responsible organization and, if so, what are the grounds for refusal. The Committee notes the Government’s information that section 65 of the Law on Civil Servant No. 74/NA of 18 December 2015 provides that employees and civil servants can voluntarily resign from their jobs by requesting permission from the responsible organization. The Government indicates that no requests for resignation were rejected.The Committee requests the Government to continue to provide information, in its future reports, on the application in practice of section 65 of the Law on civil servants of 2015, indicating whether requests for approval made by civil servants for resignation have been refused and, if so, what are the grounds for refusal.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that although section 141 of the Labour Code No. 43/NA of 2013 prohibits employers from using forced labour of any kind, no penal sanction for the exaction of forced labour appeared to be provided for in the law. It requested the Government to indicate the measures taken or envisaged to ensure that adequate penalties are provided for persons who impose forced or compulsory labour.

The Committee notes the Government’s indication that section 179 of the Labour Code states that any person who breaches the Labour Code shall be educated, notified, punished, fined, temporary suspended or prosecuted, depending on the severity of the case. The Committee recalls that the prohibition of the use of forced labour shall be accompanied by effective penal sanctions, as required by Article 25of the Convention.The Committee accordingly requests the Government to take the necessary measures to ensure that the exaction of forced or compulsory labour is punishable by dissuasive penal sanctions, in light of the seriousness of the violation. The Committee requests the Government to provide information in this respect.