Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Honduras (Ratification: 1957)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the extent of the phenomenon of trafficking in persons in Honduras and on the judicial proceedings carried out under section 149 of the Penal Code which made the offence of trafficking in persons for the purpose of sexual exploitation punishable with imprisonment of between eight and 13 years. Noting that the penal legislation did not cover trafficking in persons for the purposes of labour exploitation, the Committee also requested the Government to specify the measures taken or envisaged to supplement the legislation.

In its latest report, the Government states that it is unable to provide information on the trafficking of persons given that, in accordance with section 610 of the Labour Code, it is the general labour inspectorate’s responsibility to only monitor compliance with legal provisions concerning labour and social protection. The Committee recalls that it is up to the Government to ensure that the necessary information is communicated to the Office, if necessary by requesting the various governmental, legislative or judicial authorities concerned to provide this, so that the Committee might be in a position to examine the way in which the Convention is applied.

The Committee has nevertheless taken note of the adoption of the Act against the trafficking of persons (Decree No. 59-2012) on 30 May 2012, which criminalizes trafficking in persons and provides for penalties ranging from ten and 15 years imprisonment. The Committee notes with interest that this Act strengthens the legislative and institutional framework for combating trafficking in persons. The definition of trafficking now includes not only trafficking for the purpose of sexual exploitation but also trafficking for the purpose of forced labour. Furthermore, the Act provides for the establishment of the Inter Institutional Committee against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), whose mandate is to promote, coordinate and assess activities aimed at preventing and eradicating the various forms of trafficking in persons as well as protecting the victims, through the management and implementation of specific public policies. The Act also provides for: the establishment of an immediate response team to interview the victims and recommend the measures of protection they should be granted; a national information system on trafficking in persons that would compile and analyse information on the characteristics and extent of the phenomenon of trafficking in Honduras; and a fund for the protection and rehabilitation of victims. Finally, the Committee notes that the Act contains a chapter devoted to the victims’ protection, which lists the care that they should receive as well as the various rights to which they are entitled, such as, for example, the right to remain on the national territory, the entitlement to full compensation for the damage suffered, the right of protection during the trial, and the right to free legal assistance.

The Committee requests the Government to provide detailed information on the measures taken to implement the various components of the new Act against trafficking in persons. It would particularly like the Government to indicate whether the various bodies provided for under the Act have been established, in particular the CICESCT, the immediate response team, and the national information system. As regards the CICESCT, the Government is requested to submit information on the various annual action plans that have been adopted, the objectives established and the results obtained. Finally, the Committee would like the Government to communicate information on the way in which the competent authorities guarantee the protection of victims, facilitate their access to justice and guarantee compensation for the harm they have suffered. It is also requested to provide statistics on the surveys carried out, the legal proceedings initiated the rulings handed down and the penalties applied on the basis of the new Act.

Article 2(2)(c). Prison work. The Committee notes that, according to the National Congress’s website, a Prisons Bill is under discussion and had its first reading in April 2012. The Committee requests the Government to provide a copy of the Prisons Act once it has been adopted. The Committee requests the Government to indicate whether this Bill still allows for the imposition of compulsory work to persons sentenced to prison. The Government is also requested to specify whether the Bill retains the provisions of section 51 of the Act for the rehabilitation of offenders (Decree No. 173-84), under which prisoners may, under no condition, work for private entities.