Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Nicaragua (Ratification: 1934)

Autre commentaire sur C029

Observation

1994

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the efforts made by the Government to combat trafficking in persons and requested it to provide information on the action taken by the National Coalition against Trafficking in Persons, the evaluations of the strategy to combat trafficking in persons and the prosecutions initiated under section 182 of the Penal Code criminalizing trafficking in persons.

In its report, the Government refers to the adoption of Act No. 896 of 2015 to combat trafficking in persons. The Committee notes with interest that this Act adopts an integrated approach to combat the issue of trafficking in persons by regulating prevention, investigation, repression, the protection of victims and compensation for damages, and the protection of witnesses. The Act defines the concepts of trafficking in persons, sexual exploitation, labour exploitation, forced labour and servitude, and amends certain provisions of the Penal Code, including section 182, by defining more specifically the elements which constitute the crime of trafficking in persons and by strengthening the applicable penalties. At the institutional level, the Act reaffirms the role of the National Coalition against Trafficking in Persons as the body responsible for coordination and for the formulation, implementation and evaluation of policies, and provides for the creation of a National Executive Committee. The establishment of a single national register of information on trafficking in persons is also envisaged, as well as a fund for prevention, assistance and the protection of victims, the resources of which will be allocated as a priority to assist victims. In this regard, the Committee welcomes the fact that courts handing down convictions for the crime of trafficking must at the same time order compensation for the material and moral damages suffered by the victim, including the restitution of unpaid wages, rehabilitation and reintegration, and repatriation or voluntary return to the place of origin of the victim. In addition, the moveable or immoveable property, objects, products and profits arising out of the crime of trafficking in persons and related crimes will be confiscated by the courts and handed over to the fund. The Committee also notes the Government’s indications concerning the prevention activities undertaken throughout the country to raise the awareness of a large number of people concerning the issue of trafficking and the specific training provided to the police and the prosecution and judicial authorities on the new Act with a view to improving prevention and the identification of the crime of trafficking in persons. With regard to penalties, the Government refers to the administrative penalties applied by the Ministry of Labour against employers subjecting workers to situations of forced labour. The national police has saved 43 victims of trafficking and investigated 18 cases, resulting in 14 prosecutions and the conviction of 12 persons.

The Committee notes that the United Nations Committee on the Protection of the Rights of all Migrant Workers and Members of their Families, in its concluding observations in 2016, noted that, as a country of origin of migrant workers, Nicaragua faces several challenges in protecting the rights of its nationals abroad. It also noted that, as a transit and destination country, Nicaragua faces difficulties in terms of protecting the rights of migrant workers within its territory. The Committee also expressed concern about the absence of information on progress in the implementation of the Anti-Trafficking Act (CMW/C/NIC/CO/1 of 11 October 2016).

Noting that all of the measures taken by the Government bear witness to its will to combat trafficking in persons, the Committee hopes that the adoption of Act No. 896 of 2015 to combat trafficking in persons will be accompanied by the specific measures necessary for the implementation of its various components, namely prevention, investigation, repression, the protection of victims and compensation for the damages suffered, and the protection of witnesses. Please provide detailed information on this subject. Please also indicate whether the single national register of information on trafficking in persons and the fund for prevention, assistance and the protection of victims have been established and provide information on their operation, and indicate whether a national plan to combat trafficking has been adopted. Finally, the Committee hopes that the Government will continue to build the capacities of the law enforcement agencies (the labour inspectorate, the police, the Office of the Public Prosecutor and magistrates) so that they are fully able to identify cases of trafficking in persons and coordinate their action to protect victims and prosecute those responsible. Please provide information on the measures adopted for this purpose and on the prosecutions initiated under section 182 of the Penal Code, the penalties imposed (sentences of imprisonment and the confiscation of assets) and the compensation awarded to victims.

Article 2(2)(c). Sentences of community work. With reference to its previous comments, the Committee notes the examples of the work carried out by persons convicted to sentences of community work as set out in in section 61 of the Penal Code and observes that this work was undertaken for the benefit of health centres and schools. The Committee requests the Government to continue ensuring in future that the work undertaken in the context of this penalty is of the general interest in practice, and that the bodies for which it is performed are not profit making.