Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of legislation concerning compulsory military service, as well as copies of laws and regulations governing the execution of penal sentences.

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee has noted Act No. 9208 of 2003 to institute policies to eliminate trafficking in persons, especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons and providing penalties for its violations. Please provide information on the application of this Act in practice, such as the information on the prevention and protection measures, including copies of reports, studies and inquiries, as well as available statistics.

2. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee has noted that, under section 1727 of the revised Administrative Code, convicted prisoners may be compelled to work in and about prisons. Please supply copies of provisions governing the work of persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Punishment of offences related to trafficking in persons. The Committee notes the Penal Code provisions punishing with penalties of imprisonment and fines such offences as slavery (section 272), services rendered under compulsion in payment of debts (section 274) and grave coercion (which includes, inter alia, compelling a person by means of violence or intimidation to do something against his/her will) (section 286). The Committee also notes the provisions of sections 4–6 and 10 of Anti-Trafficking Act No. 9208 referred to above, which punish with heavy penalties of imprisonment various offences related to trafficking in persons. The Committee would appreciate it if the Government would provide information on the proceedings which have been instituted under the above penal provisions, supplying sample copies of the relevant court decisions and indicating the penalties imposed.