Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Prohibition of forced labour. The Committee notes with interest the adoption of the Penal Code of May 2008, which contains provisions relative to a general prohibition of forced labour as well as provisions specifically aimed at combating trafficking in persons for purposes of sexual and labour exploitation. Under section 315: “Any person who subjects, reduces or keeps another person to or in slavery or conditions similar to slavery, forced or compulsory labour, bonded labour or any other situation contrary to human dignity in the activity of work shall be punished with imprisonment of five to eight years”. A sentence of five to eight years will be imposed on those who commit trafficking in persons for the purpose of subjecting them to activities of labour exploitation, as well as forced recruitment to participate in armed conflicts.

Trafficking in persons and penalties that are effective and strictly enforced. The Committee notes with interest section 182 of the Penal Code, which provides: “Whoever, in the exercise of authority or by means of threats, offers or deception, promotes, facilitates, induces or carries out the capture, recruitment, hiring, transport, transfer, retention, harbouring or receipt of persons for purposes of slavery or sexual exploitation or adoption, so as to be exercised within or outside national territory, even with the consent of the victim, shall be punished with imprisonment of seven to ten years”. Under section 16 the penal law is equally made applicable to those who commit outside national territory the offence of trafficking in persons for purposes of slavery or sexual exploitation and exploitation of labour. The Committee requests the Government to provide information about the application of the provisions of the Penal Code adopted to suppress trafficking in persons, a practice that constitutes a serious violation of the Convention, and about any other measures being taken with a view to bringing about its eradication.

In conformity with Article 25 of the Convention, the exaction of forced or compulsory labour must be the object of penal sanctions that are really adequate and are strictly enforced. The Committee requests the Government to provide information about the number of cases of trafficking in persons that have been reported, those which have resulted in judicial proceedings and the sanctions imposed on those responsible. The Committee also requests the Government to provide information about the measures taken or envisaged for the protection of victims of trafficking.

Work provided for the benefit of the community. The Committee notes that in the application of section 61 of the Penal Code the penalty of performance of work for the benefit of the community may be imposed, and that the work will be sponsored by the municipal administration, a public entity or a public interest association. The Committee requests the Government to provide information about the type of work that may be imposed for the benefit of the community and the list of public interest associations authorized to benefit from this work.

The Committee has noted the information provided by the Government in relation to the issues raised in its previous direct request regarding prison work and the freedom of military personnel to leave their employment.