Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Trafficking in persons

In its previous observations, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU), in which it referred to the “widely reported” trafficking of women and children for prostitution. The Committee noted the Government’s reply, in which it indicated that the ICFTU’s allegations were vague and referred to previous comments made in the context of the Convention. The Committee subsequently noted convergent information from United Nations institutions, namely: the conclusions of the United Nations Committee on Economic, Social and Cultural Rights (document E/C.12/1/Add.56, paragraph 16, of 21 May 2001) in which the latter Committee expressed serious concern at the spread of child prostitution and the incapacity of the State party to resolve these problems; and the concluding observations of the United Nations Committee on Human Rights (document CCPR/CO/71/VEN, paragraph 16, of 26 April 2001), in which that Committee stated that it was deeply concerned “by the information on trafficking in women to Venezuela, especially from neighbouring countries, and by the lack of information […] on the extent of the problem and action to combat it”.

Despite the fact that the Government did not provide any information on this subject, the Committee noted the enactment of various provisions under the terms of which the trafficking in persons could be penalized (including the Basic Act on the Protection of Children and Young Persons of 2 October 1998, article 54 of the Constitution of 30 December 1999 and section 174 of the Penal Code of 20 October 2000) and it requested the Government to provide information on the effect given in practice to these provisions, on the number of prosecutions for trafficking and the penalties imposed.

The Committee expressed the hope that the Government would provide fuller information on the trafficking in humans in the Bolivarian Republic of Venezuela and on the measures adopted to prevent and combat it. Furthermore, noting that the Government had not replied to the general observation of 2000, the Committee invited it to provide the information requested therein.

The Committee regrets to note that in its latest report the Government ignores the request for information made by the Committee in its individual observation relating to the Bolivarian Republic of Venezuela and in the general observation addressed to all governments, and that it repeats that the ICFTU’s comments are vague.

Nevertheless, despite the fact that the Government has not considered it necessary to reply to its request for information, the Committee notes the information contained on the web site of the Ministry of Communication and Information of the Government of the Bolivarian Republic of Venezuela concerning the “important steps” that the Government has taken over the past year in its “extensive measures to combat trafficking in humans”, “to protect the victims, convict the traffickers and provide the police forces and public institutions with the tools to address the problem”.

According to the same government source:

–      in September 2005, the National Assembly of Venezuela adopted the Basic Act against organized crime as a “legislative measure providing the police forces and government institutions with additional tools to combat the trafficking in humans and to impose longer prison sentences on convicted traffickers”;

–      during the first quarter of 2006 a total of 52 victims of trafficking in humans were identified and assisted, constituting an increase of 98 per cent in relation to the same period the previous year;

–      in 2005, a total of 21 individuals were convicted for involvement in the trafficking of humans and another three were under trial during the first quarter of 2006; and

–      in 2006, the National Plan of Action to Prevent, Suppress, Penalize and Provide Global Assistance to Victims of the Trafficking in Persons was adopted, which calls for the participation of government ministries and bodies, NGOs and international cooperation organizations.

Legislation

The Committee notes section 16 of the Act against organized crime, under the terms of which the trafficking in persons and migrants is considered to be an offence in relation to organized crime. The Committee requests the Government to provide information on the provisions applicable to cases in which the trafficking in persons is not committed by organized crime.

The Committee notes that, according to the information contained on the web site of the Ministry of Communication and Information of the Government of the Bolivarian Republic of Venezuela, the Ministry of the Interior and Justice will submit a Bill on the trafficking in persons. The Committee hopes that the Government will provide information on developments relating to the Bill and that it will provide a copy of the Act once it has been adopted.

Penalties

The Committee recalls that, under the terms of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee hopes that the Government will provide information on current legal proceedings, the provisions of the national legislation under which legal proceedings have been initiated against those responsible and that it will indicate the penalties that are applied.

Other measures: Protection of victims

The Committee notes that one of the objectives of the National Plan of Action is the formulation of a Protocol to protect and assist victims. The Committee hopes that the Government will provide a copy of the National Plan of Action and the Protocol.

The Committee notes the series of measures that have been adopted and hopes that in future the Government will provide information on any other measures adopted or envisaged to combat the trafficking in persons and to ensure compliance with the Convention.