All Comments

Home Page | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Forced Labour Convention, 1930 (No. 29) - Lao People's Democratic Republic (Ratification: 1964)

Display in: French - Spanish

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Following its previous comments, the Committee notes the statistical information provided by the Government in its report concerning the court proceedings related to cases of trafficking in persons. According to this data, in 2022, 128 cases of trafficking were investigated, 228 perpetrators were brought to trial, 56 cases were sent to the prosecutor, 51 cases were received by the people’s court, while in 50 cases decisions were made. The Government indicates that the maximum penalty imposed was imprisonment for 15 years and three months. It further indicates that 277 victims, including 225 women, were provided with assistance. The Committee observes that the Government has not provided specific information on the measures taken to implement the National Action Plan on Anti-Trafficking in Persons 2017–20 nor on the protection granted to victims.

The Committee notes the information from the United Nations Office on Drugs and Crime (UNODC) that under the framework of the Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants (GLO.ACT), UNODC and the Ministry of Public Security signed the GLO.ACT Action Plan to implement selected interventions against trafficking in persons and smuggling of migrants with Lao PDR Government counterparts. The interventions include utilizing police media channels to raise awareness of these crimes among vulnerable groups, promoting inter-disciplinary cooperation on human trafficking cases among criminal justice practitioners and social workers, delivering training on victim identification and appropriate legal and social responses to victims of trafficking and migrant smuggling. The Committee requests the Government to continue its efforts to combat trafficking in persons and provide information on:

the measures taken by the National Committee on Anti-Trafficking in Persons to guide, coordinate and monitor the action against trafficking, including in relation to the adoption of a new action plan;
the activities undertaken within the context of the implementation of the GLO.ACT, indicating the results obtained and the challenges faced;
the protection granted to victims according to the Law on Anti-Trafficking in Persons, 2015:
the number of cases of trafficking identified and investigated, the number of prosecutions, convictions and the penalties imposed on perpetrators.

2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee observes that the Government has not provided information on the measures taken to protect Lao migrant workers from being exposed to practices that increase their vulnerability to forced labour practices.

The Committee notes from a report published by the ILO in 2023, entitled “The ASEAN Forum on Migrant Labour, a review of the implementation of Recommendations”, that Lao PDR introduced Decree No. 245 on the Placement of Lao Workers to Work Abroad in May 2020, creating a more inclusive migration and mobility framework and lifting the de facto ban on regular migration for domestic workers. In addition, the Ministerial Agreement No. 1050 of 2022 on the Establishment and Management of Employment Service Enterprises and the Establishment of a Lao Employment Service Agency Association which was adopted to guide the effective implementation of Decree No. 245 prohibits recruitment agencies from charging workers employment service fees and provides grounds for the closure of a recruitment agency. The Committee requests the Government to provide information on the implementation of Decree No. 245 and Ministerial Decree No. 1050 and their contribution to and impact on the prevention of migration-related abuse, exploitation and trafficking, particularly in the domestic sector. It also requests the Government to provide information on the monitoring of recruitment agencies and on the violations observed. The Committee further requests the Government to provide information on the measures taken to provide Lao migrant workers with access to information on fair migration channels and support services.

Articles 1(1) and 2(1). Freedom of civil service employees to terminate employment. The Committee notes that the Government reiterates that under section 65 of the Law on Civil Servant No. 74/NA of 18 December 2015, employees and civil servants can resign voluntarily from their jobs by requesting permission from the responsible organization and does not refer to any refused request.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that the Labour Code prohibits the exaction of forced labour without providing for any penal sanctions applicable. The Committee takes due note of the Government’s indication that according to section 218 of the new Criminal Code No. 26/NA of May 17, 2017, any person exercising duress against another person by using force, weapons, or threats, to compel another person to act or to refrain from acting according to the offender’s will, but contrary to the compelled person’s will, and to the detriment of the compelled person, shall be punishable with imprisonment for a term between three to five years and a fine. The Committee also notes that as per sections 2 and 4 of the Law on Anti-Trafficking in Persons, 2015, the offence of “trafficking in persons” includes the “receipt of persons” which refers to recruitment of persons to work by deception, abuse of power, coercion, or threat, and is punishable with imprisonment for a term between five to fifteen years and a fine (section 89). The Committee requests the Government to provide information on the number of prosecutions and convictions handed down under section 89 of the Law on Anti-Trafficking in persons and section 218 of the Criminal Code.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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.

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

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 25 of 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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously 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 requested information on the application of these provisions in practice. The Committee also noted that the Committee on the Rights of the Child expressed concern that the country was one of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation. It further noted that the Committee on the Elimination of Racial Discrimination expressed concern that human trafficking remained a serious problem.

The Committee notes with interest that the Law on Anti-Trafficking in Persons was adopted in 2015, which contains detailed provisions regarding prevention measures, protection and assistance to victims, as well as penal sanctions for perpetrators. It also provides for principles, rules and measures regarding the administration, monitoring, supervision, and inspection of anti-trafficking activities. The Committee also notes the Government’s information in its report that the Anti-Trafficking Committee has been established with the Police Department as its secretariat, consisting of the Ministry of Justice, the Department of Social Welfare, Lao Women’s Federation and the Ministry of Foreign Affairs. The Government indicates that investigations, legal inquiries and prosecutions of human trafficking cases rely on annual reports produced by the Anti-Trafficking Committee. The Committee further notes the Government’s report to the Human Rights Committee of 27 April 2017, that from 2008 to 2012, there were 177 sentenced trafficking cases, involving 231 offenders, of which 145 were women. Among these cases, 422 victims were identified, of which 358 were women (CCPR/C/LAO/1, para. 61). The Government has also acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and signed the ASEAN Convention against Trafficking in Persons, especially Women and Children in 2015. At the bilateral level, the Government has signed MOUs with Viet Nam, China and Thailand on cooperation in combating and suppressing cross-border trafficking in persons, including issues related to the extradition of suspects, investigation and prosecution of perpetrators, as well as the identification of, and assistance to, victims (CCPR/C/LAO/1, para. 62). The Committee further notes that the National Plan of Action on Human Trafficking (2013-2015) was integrated into sectorial plans and a new National Plan of Action to Prevent and Combat Trafficking in Persons is under development (CCPR/C/LAO/1, para.154). The Committee therefore encourages the Government to continue its efforts to combat trafficking in persons, and to provide information on the measures taken in this regard. It requests the Government to provide information on the application in practice of the Law on Anti-Human Trafficking, as well as section 134 of the amended Penal Law No. 56/NA and section 49 of the Law on Development and Protection of Women, including the number of investigations, prosecutions, convictions and specific penalties imposed. The Committee further requests the Government to provide information on any progress made regarding the adoption of the new National Plan of Action to Prevent and Combat Trafficking in Persons, and to provide a copy once it is adopted.

Articles 1(1) and 2(1). Freedom of civil service employees to terminate employment. The Committee previously noted the copy of the Decree on Civil Service of 2003 submitted with the Government’s report. Section 87(3) of the Decree states that employment may be terminated through voluntary resignation. Section 89 of the Decree 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 absence of information in this regard. The Committee therefore once again requests 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.

Article 25. Penalties for the exaction of forced and compulsory labour. The Committee previously noted that a new Labour Code No. 43/NA had been adopted in 2013. While noting that section 141 of the law prohibits employers from using forced labour of any kind, whether directly or indirectly, the Committee observed that no penal sanction for the exaction of forced labour seems to be provided for in the law.

The Committee notes the absence of new information in this regard. The Committee recalls that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and the penalties imposed by law shall be “really adequate and strictly enforced”. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that adequate penalties are provided for persons who impose forced or compulsory labour, as required by Article 25 of the Convention.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously 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 requested information on the application of these provisions in practice. The Committee also noted that the Committee on the Rights of the Child expressed concern that the country was one of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation. It further noted that the Committee on the Elimination of Racial Discrimination expressed concern that human trafficking remained a serious problem.

The Committee notes with interest that the Law on Anti-Trafficking in Persons was adopted in 2015, which contains detailed provisions regarding prevention measures, protection and assistance to victims, as well as penal sanctions for perpetrators. It also provides for principles, rules and measures regarding the administration, monitoring, supervision, and inspection of anti-trafficking activities. The Committee also notes the Government’s information in its report that the Anti-Trafficking Committee has been established with the Police Department as its secretariat, consisting of the Ministry of Justice, the Department of Social Welfare, Lao Women’s Federation and the Ministry of Foreign Affairs. The Government indicates that investigations, legal inquiries and prosecutions of human trafficking cases rely on annual reports produced by the Anti-Trafficking Committee. The Committee further notes the Government’s report to the Human Rights Committee of 27 April 2017, that from 2008 to 2012, there were 177 sentenced trafficking cases, involving 231 offenders, of which 145 were women. Among these cases, 422 victims were identified, of which 358 were women (CCPR/C/LAO/1, para. 61). The Government has also acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and signed the ASEAN Convention against Trafficking in Persons, especially Women and Children in 2015. At the bilateral level, the Government has signed MOUs with Viet Nam, China and Thailand on cooperation in combating and suppressing cross-border trafficking in persons, including issues related to the extradition of suspects, investigation and prosecution of perpetrators, as well as the identification of, and assistance to, victims (CCPR/C/LAO/1, para. 62). The Committee further notes that the National Plan of Action on Human Trafficking (2013-2015) was integrated into sectorial plans and a new National Plan of Action to Prevent and Combat Trafficking in Persons is under development (CCPR/C/LAO/1, para.154). The Committee therefore encourages the Government to continue its efforts to combat trafficking in persons, and to provide information on the measures taken in this regard. It requests the Government to provide information on the application in practice of the Law on Anti-Human Trafficking, as well as section 134 of the amended Penal Law No. 56/NA and section 49 of the Law on Development and Protection of Women, including the number of investigations, prosecutions, convictions and specific penalties imposed. The Committee further requests the Government to provide information on any progress made regarding the adoption of the new National Plan of Action to Prevent and Combat Trafficking in Persons, and to provide a copy once it is adopted.

Articles 1(1) and 2(1). Freedom of civil service employees to terminate employment. The Committee previously noted the copy of the Decree on Civil Service of 2003 submitted with the Government’s report. Section 87(3) of the Decree states that employment may be terminated through voluntary resignation. Section 89 of the Decree 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 absence of information in this regard. The Committee therefore once again requests 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.

Article 25. Penalties for the exaction of forced and compulsory labour. The Committee previously noted that a new Labour Code No. 43/NA had been adopted in 2013. While noting that section 141 of the law prohibits employers from using forced labour of any kind, whether directly or indirectly, the Committee observed that no penal sanction for the exaction of forced labour seems to be provided for in the law.

The Committee notes the absence of new information in this regard. The Committee recalls that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and the penalties imposed by law shall be “really adequate and strictly enforced”. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that adequate penalties are provided for persons who impose forced or compulsory labour, as required by Article 25 of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously 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 requested information on the application of these provisions in practice.

The Committee notes an absence of information on this point in the Government’s report. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 8 April 2011, expressed concern that the country was one of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation (CRC/C/LAO/CO/2, paragraph 67). It also notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 13 April 2012, expressed concern that human trafficking remained a serious problem (CERD/C/LAO/CO/16-18, paragraph 13). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, and to provide information on the measures taken in this regard. It requests the Government to provide information, in its next report, on the application in practice of section 134 of the amended Penal Law No. 56/NA and section 49 of the Law on Development and Protection of Women, including the number of investigations, prosecutions, convictions and specific penalties imposed.

Freedom of civil service employees to terminate employment. The Committee notes the copy of the Decree on Civil Service of 2003 submitted with the Government’s report. Section 87(3) of the Decree states that employment may be terminated through voluntary resignation. Section 89 of the Decree states that civil servants can voluntarily resign from their jobs by requesting approval from the responsible organization. The Committee requests 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.

Article 25. Penalties for the exaction of forced and compulsory labour. The Committee previously noted that a new Labour Code No. 43/NA has been adopted in 2013. While noting that section 141 of the law prohibits employers from using forced labour of any kind, whether directly or indirectly, the Committee observes that no penal sanction for the exaction of forced labour seems to be provided for in the law. The Committee notes that it already raised this point in its previous comments. The Committee recalls that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and the penalties imposed by law shall be “really adequate and strictly enforced”. The Committee accordingly requests the Government to take measures to ensure that adequate penalties are provided for persons who impose forced or compulsory labour, as requested by Article 25 of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. However, it notes that new Labour Law No. 43/NA has been adopted in 2013. While noting that section 141 of the Law prohibits employers from using forced labour of any kind, whether directly or indirectly, the Committee observes that no penal sanction for the exaction of forced labour seems to be provided for in the Law. The Committee notes that it already raised this point in its previous comments. The Committee accordingly requests the Government to take measures to ensure that adequate penalties are provided for persons who impose forced or compulsory labour, as requested by Article 25 of the Convention.

Furthermore, the Committee hopes that the next report will contain information on the matters raised in its previous comments.

The Committee notes an absence of information on this point in the Government’s report. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 8 April 2011, expressed concern that the country was one of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation (CRC/C/LAO/CO/2, paragraph 67). It also notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 13 April 2012, expressed concern that human trafficking remained a serious problem (CERD/C/LAO/CO/16-18, paragraph 13). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, and to provide information on the measures taken in this regard. It requests the Government to provide information, in its next report, on the application in practice of section 134 of the amended Penal Law No. 56/NA and section 49 of the Law on Development and Protection of Women, including the number of investigations, prosecutions, convictions and specific penalties imposed.

Freedom of civil service employees to terminate employment. The Committee notes the copy of the Decree on Civil Service of 2003 submitted with the Government’s report. Section 87(3) of the Decree states that employment may be terminated through voluntary resignation. Section 89 of the Decree states that civil servants can voluntarily resign from their jobs by requesting approval from the responsible organization. The Committee requests 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously 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 requested information on the application of these provisions in practice.

2. Freedom of civil service employees to terminate employment. The Committee notes the copy of the Decree on Civil Service of 2003 submitted with the Government’s report. Section 87(3) of the Decree states that employment may be terminated through voluntary resignation. Section 89 of the Decree states that civil servants can voluntarily resign from their jobs by requesting approval from the responsible organization. The Committee requests 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.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that section 3(10) of the amended Labour Law No. 06/NA, 2006, prohibited the imposition on workers of any form of compulsory labour which is inconsistent with the employment contract. Section 75 of the Labour Law provides for sanctions for the violation of the Law, such as a warning, a fine, temporary suspension from work, as well as “legal action taken in accordance with the degree of violation, including compensation for the losses caused” by such violation.

The Committee notes the Government’s indication that it has taken steps toward the amendment of the Labour Law, including consultations with the representative organizations of workers and employers. The Government indicates that the amended bill has not yet been adopted by the National Assembly. In this regard, the Committee recalls that pursuant to Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence and the penalties imposed by law shall be really adequate and strictly enforced. The Committee accordingly requests the Government to take measures, within the context of the revision of the Labour Law, to ensure that adequate penalties are provided for persons who impose forced or compulsory labour. It also requests the Government to provide information on measures taken in this regard, and to provide a copy of the amended Labour Law, once adopted.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 25 of the Convention. Penalties for the exaction of forced or compulsory labour. The Committee notes the provision of article 3(10) of the amended Labour Law No. 06/NA, 2006, prohibiting the imposition on workers of any form of compulsory labour which is inconsistent with the employment contract. It also notes that article 75 of the same Law provides for sanctions for the violation of the Law, such as a warning, a fine, temporary suspension from work, as well as “legal action taken in accordance with the degree of violation, including compensation for the losses caused” by such violation.
The Committee recalls that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and the penalties imposed by law shall be “really adequate and strictly enforced”. The Committee therefore hopes that the Government will provide, in its next report, information on measures taken or envisaged in order to give full effect to this Article of the Convention. Noting also the Government’s indication in the report that there have been legal proceedings instituted as a consequence of the application of article 3(10) of the amended Labour Law referred to above, the Committee requests the Government to provide information on such legal proceedings, indicating the penalties imposed and providing copies of relevant judicial decisions.
The Committee previously noted the provisions of the amended Penal Law No. 56/NA, of 9 November 2005, punishing human trafficking (section 134), as well as the provisions of the Law on Development and Protection of Women punishing trafficking in Women and Children (section 49). While noting the Government’s explanations concerning the contents of the above provisions, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed on perpetrators.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 25 of the Convention. Penalties for the exaction of forced or compulsory labour. The Committee notes the provision of article 3(10) of the amended Labour Law No. 06/NA, 2006, prohibiting the imposition on workers of any form of compulsory labour which is inconsistent with the employment contract. It also notes that article 75 of the same Law provides for sanctions for the violation of the Law, such as a warning, a fine, temporary suspension from work, as well as “legal action taken in accordance with the degree of violation, including compensation for the losses caused” by such violation.

The Committee recalls that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and the penalties imposed by law shall be “really adequate and strictly enforced”. The Committee therefore hopes that the Government will provide, in its next report, information on measures taken or envisaged in order to give full effect to this Article of the Convention. Noting also the Government’s indication in the report that there have been legal proceedings instituted as a consequence of the application of article 3(10) of the amended Labour Law referred to above, the Committee requests the Government to provide information on such legal proceedings, indicating the penalties imposed and providing copies of relevant judicial decisions.

The Committee previously noted the provisions of the amended Penal Law No. 56/NA, of 9 November 2005, punishing human trafficking (section 134), as well as the provisions of the Law on Development and Protection of Women punishing trafficking in Women and Children (section 49). While noting the Government’s explanations concerning the contents of the above provisions, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed on perpetrators.

Communication of texts. The Committee notes the Government’s indication in the report that a bill on public servants will be submitted to the National Assembly by 2014. It hopes that the Government will supply a copy, as soon as it is adopted. Pending the adoption, the Committee requests the Government to communicate a copy of the Prime Minister Decree No. 82 governing the public service, to which reference is made in its report.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with satisfaction that the amended Labour Law, 2006, has repealed and replaced the Labour Law of 1994, which contained a provision (section 4) exempting from the prohibition of forced labour any work performed in accordance with a resolution adopted by local authorities, where such work constituted an obligation on all citizens in the common interest of the nation.

The Committee is raising other points in a request addressed directly to the Government.

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

Articles 1 (paragraph 1), and 2 (paragraphs 1 and 2), of the Convention. Compulsory public works or services. In its earlier comments, the Committee referred to section 4 of the Labour Act of 1994, which exempts from the prohibition of forced labour any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. The Committee also noted the Government’s indications in its report that citizens are required to perform the cleaning of schools, buildings, streets or national parks, plant trees or build dams against flooding on the occasions of the National Day, Labour Day, Arbour Day and other commemorative days.

The Government indicates in its latest report that forced or compulsory labour has never been used to perform the cleaning of schools, buildings, streets or national parks, plant trees or build dams on the above occasions, and that all related works are performed voluntarily. While noting these indications, the Committee again requests the Government to provide copies of any resolutions adopted by the competent authority, organization or association for the purpose of calling up labour “in the common interests of the nation”, as referred to in section 4 of the Labour Act, indicating, in particular, whether refusal to perform works or services under such resolutions is punishable with any penalties. Please also provide information on the application of such resolutions in practice.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the Government’s indication in its report that a violation of the prohibition of forced labour, as defined in section 4 of the Labour Act, is punishable under the Penal Law. It requested the Government to indicate penal provisions applicable in case of the illegal exaction of forced or compulsory labour.

The Committee notes the provisions of the amended Penal Law No. 56/NA, of 9 November 2005, punishing human trafficking (section 134), as well as the provisions of the Law on Development and Protection of Women punishing trafficking in women and children (section 49), supplied by the Government with its report. The Committee requests the Government to provide, in its next report, information on the application of these provisions in practice, indicating the penalties imposed on perpetrators. Please also indicate penal provisions applicable in case of the illegal exaction of forced or compulsory labour, in violation of section 4 of the Labour Act, and provide information on any legal proceedings which have been instituted as a consequence of the application of such penal provisions.

Communication of texts. The Committee again requests the Government to supply a copy of the legislation governing the public service.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(1) and Article 2(1) and (2) of the Convention. Compulsory public works or services. The Committee previously noted that section 4 of the Labour Act of 1994 exempts from the prohibition of forced labour any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. The Committee has noted the Government’s indications in its report that citizens are required to perform the cleaning of schools, buildings, streets or national parks, plant trees or build dams against flooding on the occasions of the National Day, Labour Day, Arbor Day and other commemorate days. The Committee requests the Government to indicate, in its next report, whether any regulation has been adopted on the matter by the labour administration under section 62 of the Act, or any resolution by any other competent authority, organization or association, and to provide copies of any such resolution or regulation. Please indicate whether the refusal to perform such works or services is punishable with any penalties and provide information on the relevant provisions and their application in practice.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted that, under section 60 of the Labour Act of 1994, contraventions of the Act are punishable in accordance with the law. The Government indicates in its report that a contravention of the prohibition of forced labour, as defined in section 4 of the Act, is punishable under the Penal Law. The Committee requests the Government to indicate penal provisions applicable in case of the illegal exaction of forced or compulsory labour and to provide information on any legal proceedings which might have been instituted as a consequence of the application of such penal provisions.

Supply of legislation. The Committee again requests the Government to supply a copy of the legislation governing the public service.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(1) and Article 2(1) and (2) of the Convention. Compulsory public works or services. The Committee previously noted that section 4 of the Labour Act of 1994 exempts from the prohibition of forced labour any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. The Committee has noted the Government’s indications in its report that citizens are required to perform the cleaning of schools, buildings, streets or national parks, plant trees or build dams against flooding on the occasions of the National Day, Labour Day, Arbor Day and other commemorate days. The Committee requests the Government to indicate, in its next report, whether any regulation has been adopted on the matter by the labour administration under section 62 of the Act, or any resolution by any other competent authority, organization or association, and to provide copies of any such resolution or regulation. Please indicate whether the refusal to perform such works or services is punishable with any penalties and provide information on the relevant provisions and their application in practice.

Supply of legislation. The Committee again requests the Government to supply a copy of the legislation governing the public service.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted that section 4 of the Labour Act of 1994 establishes the general prohibition of forced labour and allows for exceptions to which the expression "forced labour" shall not apply. One of them is any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. Please provide examples of any such instances, as well as information on any regulation adopted on the matter by the labour administration under section 62 of the Act, or any resolution by any other competent authority, and provide copies of any such resolution or regulation.

2. Article 25 of the Convention. The Committee also noted that under section 60 of the Act, contraventions are punishable in accordance with the law. Please indicate what sanctions would be applicable in case of contravention of the prohibition of forced labour (section 4 of the Act).

3. The Committee asks the Government to supply with its next report a copy of the Penal Code currently in force, as well as a copy of the legislation governing the public service.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request.

3. The Committee asks the Government to supply with its next report a copy of the Penal Code currently in force, as well as a copy of the legislation governing the public service.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee noted the text of the Labour Act of 1994 (Act No. 002/NA of 14 March 1994) which repealed and replaced the Labour Act of 1990, section 4 of which establishes the general prohibition of forced labour.

2. The Committee noted that the same section allows for exceptions to which the expression "forced labour" shall not apply. One of them is any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. Please provide examples of any such instances, as well as information on any regulation adopted on the matter by the labour administration under section 62 of the Act, or any resolution by any other competent authority, and provide copies of any such resolution or regulation.

3. Article 25 of the Convention. The Committee also noted that under section 60 of the Act, contraventions are punishable in accordance with the law. Please indicate what sanctions would be applicable in case of contravention of the prohibition of forced labour (section 4 of the Act).

4. In its earlier comments the Committee asked the Government to supply a copy of the Penal Code currently in force, as well as a copy of the legislation governing the public service. Please send a copy of these texts with the next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

1.The Committee has noted the text of the Labour Act of 1994 (Act No. 002/NA of 14 March 1994) which repeals and replaces the Labour Act of 1990, section 4 of which establishes the general prohibition of forced labour.

2.The Committee has noted that the same section allows for exceptions to which the expression "forced labour" shall not apply. One of them is any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. Please provide examples of any such instances, as well as information on any regulation adopted on the matter by the labour administration under section 62 of the Act, or any resolution by any other competent authority, and provide copies of any such resolution or regulation.

3.Article 25 of the Convention. The Committee has also noted that under section 60 of the Act, contraventions are punishable in accordance with the law. Please indicate what sanctions would be applicable in case of contravention of the prohibition of forced labour (section 4 of the Act).

4.In its earlier comments the Committee asked the Government to supply a copy of the Penal Code currently in force, as well as a copy of the legislation governing the public service. Please send a copy of these texts with the next report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report.

1. The Committee notes the text of the Labour Act of 1994 (Act No. 002/NA of 14 March 1994) which repeals and replaces the Labour Act of 1990, section 4 of which establishes the general prohibition of forced labour.

2. The Committee notes that the same section allows for exceptions to which the expression "forced labour" shall not apply. One of them is any work performed in accordance with a resolution adopted by local authorities, organizations or associations of which the workers concerned are members, where such work constitutes an obligation on all citizens in the common interest of the nation. Please provide examples of any such instances, as well as information on any regulation adopted on the matter by the labour administration under section 62 of the Act, or any resolution by any other competent authority, and provide copies of any such resolution or regulation.

3. Article 25 of the Convention. The Committee also notes that under section 60 of the Act, contraventions are punishable in accordance with the law. Please indicate what sanctions would be applicable in case of contravention of the prohibition of forced labour (section 4 of the Act).

4. In its previous comments the Committee asked the Government to supply a copy of the Penal Code currently in force, as well as a copy of the legislation governing the public service. Please send a copy of these texts with the next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous comments, the Committee referred to the Labour Act, No. 10/90/ASP dated 29 November 1990, section 8 of which prohibits the imposition of forced labour. The Committee noted that the Labour Act did not provide for any penal sanctions against the imposition of forced labour.

The Committee notes with interest the Government's statement in its report that the draft text of the new Labour Code provides that any violation of section 4, respecting the prohibition of forced labour, shall be punishable in accordance with section 90 of the Penal Code.

The Committee requests the Government to supply a copy of the Labour Code when it has been adopted. The Committee also notes that the Office has made a number of comments concerning the draft text of section 4 and hopes that, in the form in which it is adopted, section 4 will be in conformity with the Convention.

2. The Committee would appreciate if the Government would supply a copy of the Penal Code which is currently in force.

3. With reference to its previous comments, the Committee hopes that the Government will supply a copy of the legislation governing the public service.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that no report was received from the Government.

1. The Committee recalls that in its earlier comments it requested the Government to supply information on any penalties applying to the exaction of forced labour.

The Committee has taken note of the Labour Act, No. 10/90/ASP, dated 29 November 1990, section 8 of which prohibits the imposition of forced labour. The Committee notes, however, that the Labour Act does not provide for any penal sanctions against the imposition of forced labour.

The Committee requests the Government to indicate the measures taken or envisaged to ensure, in conformity with Article 25 of the Convention, that adequate penal sanctions are provided for in the legislation to punish the illegal exaction of forced or compulsory labour.

2. Referring to its earlier comments on the freedom of persons in the service of the State to leave the service, the Committee requests the Government to supply a copy of the legislation governing the public service.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee previously noted the Government's indications that necessary provisions would be made in the Constitution to give legal support to the provisions of the Convention and that the inclusion of suitable provisions including penal provisions, in the draft Labour Code was also considered. The Government further indicated that pending finalisation of the Constitution and the Labour Code, the Government advised all concerned to follow the provisions of the Convention. The Committee requested the Government to supply information on any penalties applying to the illegal exaction of forced or compulsory labour, in conforming with Article 25 of the Convention.

The Committee noted the Government's information in its report for the period ending 30 June 1989 according to which no forced labour had appeared, except sometimes in cases of emergency in the event of war or calamity that would endanger the existence of the well-being of the whole or part of the population and forced labour is prohibited. It also noted that the Labour Code would be adopted by the Council of Ministers in the near future.

The Committee again expresses the hope that in accordance with Article 25 of the Convention, adequate penalties for the illegal exaction of forced or compulsory labour will be provided for by the new Labour Code or otherwise. The Committee again requests the Government to provide information on measures adopted to this effect.

2. In its general direct request of 1981, the Committee referred to paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, concerning restrictions on the freedom of workers to terminate their employment. It noted that in a number of countries the status of certain persons in the service of the State, including career members of the armed forces, is governed by statutory provisions under which the right to leave the service is subject to authorisation. In some cases a link is made between the length of training received and that of service normally required before resignation is accepted. Since such restrictions may have a bearing on application of the Conventions on forced or compulsory labour, the Committee would again ask the Government to supply information on national legislation and practice concerning the situation of the various categories of career members of the armed forces and of other persons in the service of the State, with regard, in particular, to the freedom to leave the service on their own initiative within a reasonable period, either at specified intervals or by giving notice.

3. The Committee again requests the Government to supply copies of any statutory instruments governing compulsory military service, prison labour, emergency work or service, compulsory cultivation and minor communal services.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's information in its report according to which no forced labour has appeared, except sometimes in cases of emergency in the event of war or calamity that would endanger the existence of the well-being of the whole or part of the population and forced labour is prohibited. It also notes that the Labour Code will be adopted by the Council of Ministers in the near future.

The Committee expresses the hope that in accordance with Article 25 of the Convention, adequate penalties for the illegal exaction of forced or compulsory labour will be provided for by the new Labour Code or otherwise. The Committee requests the Government to provide information on measures adopted to this effect.

3. The Committee requests the Government to supply copies of any statutory instruments governing compulsory military service, prison labour, emergency work or service, compulsory cultivation and minor communal services.