Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Angola (Ratification: 1976)

Autre commentaire sur C029

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 measures taken to combat trafficking in persons and to adopt provisions in the national legislation criminalizing and penalizing trafficking in persons for sexual and labour exploitation.

The Committee once again notes that the Government has not provided any information on this subject. However, it notes that Act No. 3/14 on crimes related to money laundering, adopted in February 2014, contains provisions relating to trafficking in persons. Section 19 of the Act criminalizes trafficking in persons for sexual and labour exploitation and establishes prison sentences of from eight to 12 years. The Act also contains provisions criminalizing slavery and forced prostitution (sections 18 and 21). The Committee further notes that Presidential Decree No. 235/14 of 26 November 2014 established a Multisectoral Commission against Human Trafficking intended to ensure the protection, assistance, recuperation, rehabilitation and integration of victims of trafficking. Recalling the information noted previously to the effect that Angola is a country of departure, transit and destination for trafficking in persons for sexual exploitation and forced labour, the Committee trusts that the Government will not fail to provide information on the measures taken to ensure the effective application of the new legislative provisions criminalizing trafficking in persons. The Committee recalls the importance of adopting a strategy to combat trafficking in persons which makes it possible to coordinate the action taken by the competent agencies and requests the Government to indicate the activities undertaken by the Multisectoral Commission against Human Trafficking in the fields of prevention and victim protection. Please also provide information on the prosecutions initiated, convictions handed down and penalties imposed on persons convicted of trafficking in persons.

Article 2(2)(c). Civic service. The Committee notes the adoption of the new General Labour Act (Act No. 7/15 of 15 June 2015) which, in section 5, prohibits forced or compulsory labour. As in the case of the General Labour Act of 2000, work or services carried out by virtue of military laws or civic service of general interest performed voluntarily are not considered to constitute forced labour. The Committee noted previously on this subject that, under section 10 of the General Military Service Act (Act No. 1/93 of 26 March 1993) and section 7 of the Act on national defence and the armed forces (Act No. 2/93 of 26 March 1993), conscientious objectors may perform their compulsory military service in the form of civic service, which is still to be regulated. In order to be able to assess the scope of application of civic service of general interest and the procedures for its performance in light of the exception envisaged in Article 2(2)(c) of the Convention, the Committee requests the Government to provide a copy of the legislation that would be adopted to introduce civic service of general interest.

Article 2(2)(d). Powers of requisition. For many years, the Committee has been requesting the Government to take the necessary measures to repeal Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which set out powers to requisition workers that go beyond those authorized under Article 2(2) of the Convention. Under the terms of these Orders, a national emergency industrial committee is empowered to requisition technicians from public or private enterprises for the period deemed necessary to resolve problems, and the call up, in the form of requisitioning, of workers whose occupation corresponds to the training needs of special youth brigades, through their assignment to such brigades for a period of 90 days. While noting the Government’s previous indication that these texts had fallen into abeyance and been tacitly repealed, the Committee recalls that a formal abrogation of these texts is necessary to avoid any juridical ambiguity and to ensure that positive law reflects practice. It therefore requests the Government to provide information on the measures taken for this purpose.