Solicitud directa (CEACR) - Adopción: 2014, Publicación: 104ª reunión CIT (2015)

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous observations, the Committee requested the Government to provide detailed information on the totality of activities carried out to prevent and fight against trafficking in persons. It also drew the Government’s attention to the need for taking measures to develop provisions in national legislation defining specifically the constituent elements of trafficking in persons for both sexual and labour exploitation, and providing for dissuasive penal sanctions.

The Committee notes that the Government indicates in its report that the executive carries out advocacy work to ensure that such practices do not take place. The Committee notes with regret that, in spite of repeated requests, the Government is still not able to provide concrete information on measures taken to fight against trafficking in persons and strengthen the legislative and institutional framework for this purpose. The Committee notes in this respect that, in their conclusions, both the Committee for Elimination of Discrimination against Women and the Human Rights Committee of the United Nations expressed their concern about information indicating that Angola is a source departure, transit and destination country for the trafficking in persons for sexual exploitation and forced labour and regarding the absence of legislation and of a global strategy to combat this phenomenon (CEDAW/C/AGO/CO/6 of 1 March 2013, paragraphs 21–22, and CCPR/C/AGO/1, March 2013, paragraph 17).

The Committee trusts that the Government will indicate, in its next report, progress made in the adoption of provisions criminalizing and penalizing trafficking in persons for sexual and labour exploitation, either by adopting specific legislation or within the framework of the revision of the Penal Code. The Committee also requests the Government to provide detailed information on measures taken to evaluate the extent and characteristics of the phenomenon of trafficking in persons in Angola. The Committee draws the Government’s attention to the importance of adopting a strategy to combat against the trafficking in persons to coordinate the activities of entities responsible for adopting and establishing measures of awareness raising and prevention of trafficking as well as victim protection and requests the Government to indicate progress made in this regard. The Government is also requested to indicate if decisions have already been rendered by penal courts and to specify the penalties imposed on persons for this crime.

Article 2(2)(c). Civic service. The Committee recalls that, by virtue of section 4 of the General Labour Law of 2000, work and services carried out by virtue of military laws or civic service of general interest are not considered as constituting forced labour. Moreover, under the terms of section 10 of the general law on military service (Law No. 1/93 of 26 March 1993) and of section 7 of the law concerning national defence and armed forces (Law No. 2/93 of 26 March 1993), conscientious objectors may perform their obligatory military service in the form of a civic service, subject to specific regulations. Noting that the Government previously indicated that the text to regulate civic service had not yet been adopted, the Committee requests the Government to indicate if civic service has been instituted and, if so, to provide a copy of the legislation adopted in this regard.

Article 2(2)(d). Powers of requisition. For a number of years, the Committee has requested that the Government take measures necessary to abrogate Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983 which permit powers of requisition of workers beyond those authorized by virtue of Article 2(2) of the Convention. The Committee noted in this regard that the Government had previously indicated that the texts had been tacitly abrogated by the entry into force of the Law on Constitutional Revision of 1992 and the General Labour Law of 2000.

The Committee notes that, in its latest report, the Government indicates that requisition constitutes a form of forced labour, and that article 60 of the 2010 Constitution states that no one can be submitted to torture, forced labour or cruel, inhuman or degrading treatment. The Committee recalls once again that it considers that a formal abrogation of these texts is necessary to avoid any juridical ambiguity and to guarantee that positive law reflects practice and it accordingly requests, once again, the Government to take any necessary measures in that regard.

Adoption of the new Penal Code. The Committee notes that the Government indicates that the process of adoption of the new Penal Code is still ongoing. It requests the Government to indicate in its next report if a new Penal Code has been adopted and, if so, to provide a copy.