Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. Trafficking in persons. Further to its previous comments on the trafficking of persons both in and outside the country for the purpose of forced prostitution, the Committee notes with interest the promulgation of the Act of November 2007 to prevent and punish the trafficking of persons, and its Regulations of February 2009.

The Committee notes that the Act has established an Inter-Ministerial Committee for the purpose of coordinating and following up the National Programme to prevent and punish the trafficking of persons and the standing programmes drawn up to combat such trafficking. The Inter-Ministerial Committee is a standing body and its members are the Ministers of the Interior, Communications and Transport, External Relations, Public Security, Labour and Social Security, Health and Social Development, Public Education, Tourism and Public Prosecution. Other institutions also participate, such as the National Institute for Women and the Committee for the Development of Indigenous Peoples.

The Committee hopes that the application of the Act will enable human trafficking to be combated effectively, since it constitutes a grave violation of the Convention. It hopes that the Government will provide information on the application of the Act and on any other measures taken with a view to the eradication of human trafficking. It requests the Government to provide a copy of the National Programme and the standing programmes created by the Inter-Ministerial Committee.

Adequate and strictly enforced penalties

In view of the fact that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable as a criminal offence by penalties that are adequate and strictly enforced, the Committee sought information on the penalties imposed on persons condemned for human trafficking.

The Committee takes note of section 6 of the Act to prevent and punish human trafficking which lays down prison sentences ranging from 9 to 18 years for persons committing the offence of human trafficking. It also notes that pursuant to section 12(IX) of the Act, the Inter-Ministerial Committee shall compile statistical data on human-trafficking offences with a view to publishing them periodically. Statistics must include disaggregated information on the number of arrests, judicial proceedings, number of convictions of human traffickers and persons guilty of offences relating to human trafficking in its various forms; the number victims, their sex, age, nationality, the type of victimization, their migratory status.

The Committee hopes that the Government will provide a copy of the report containing these statistics, together with a copy of relevant court decisions indicating the sentences imposed.

Participation of public employees in human trafficking

The Committee previously asked the Government for information on the measures taken or envisaged to ensure exhaustive investigation of complaints of complicity or direct participation by public employees in the trafficking of persons and on the penalties imposed.

The Committee notes that section 6 of the Act to prevent and punish the trafficking of persons establishes that the penalty of 9 to 18 years’ imprisonment for trafficking in persons shall be increased by half where the offender is a public employee.

The Committee notes that in 2006, in its Concluding Observations, the United Nations Committee on the Protection of the Rights of all Migrant Workers and Their Families expressed concern at the cases of trafficking that involved public employees. The Committee observes that the key role played by the forces of order in enforcing the law and the Convention is distorted in the event of corruption among their members, and hopes that the provisions of the new Act will allow the effective punishment of the intimidation of victims, complicity and direct participation of members of the forces of order in human trafficking. The Committee hopes that the Government will take the necessary steps to investigate properly the cases in which law enforcement personnel have been involved and that it will provide relevant statistical data.

Protection of victims

The Committee takes note of sections 17 and 18 of the Act to prevent and punish human trafficking which concern protection and assistance for victims. Under these provisions, victims must be provided with facilities to remain in the country for the duration of the judicial proceedings. Advance programmes for immediate assistance must also be drawn up during and after the proceedings and they are to include training, guidance and, in the case of nationals, assistance in seeking employment.

The Committee notes section 9 of the Act which provides that when someone condemned for committing the offence of human trafficking is held penally responsible, the court’s sentence shall include payment of compensation for damage to the victim to cover inter alia, medical treatment, transport including return to the place of origin, loss of income, and material and moral damages. Section 32 of the Regulations to the Act provides that the public prosecutor shall seek and compile sufficient evidence to justify and quantify the compensation referred to in section 9 of the Act. The Committee observes that this provision is important for the protection of victims since it establishes that the courts shall also decide on the compensation for which the offender is liable.

The Committee requests the Government to provide information on the application of these provisions indicating the number of victims who have benefited from the protection and compensation measures provided for therein.