Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Argentine (Ratification: 1950)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Argentine (Ratification: 2016)

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Observation

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2022

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The Committee notes the observations of the Confederation of Workers of Argentina (CTA Workers) and the General Confederation of Labour of the Argentine Republic (CGT RA), both of 1 September 2017, and the observations of the Confederation of Workers of Argentina (CTA Autonomous) of 1 and 6 September 2017, as well as the Government’s replies.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the numerous measures taken by the Government to strengthen its legal and institutional framework to combat trafficking in persons for labour and sexual exploitation and invited the Government to pursue its efforts and to strengthen coordination between the different actors involved in combating trafficking in persons to ensure better judicial response and better protection of victims.

The Committee notes the CTA Autonomous’s indication that despite legal and institutional strengthening to combat trafficking in persons, difficulties still remain in practice. It further notes that, according to the 2018 report published by the Prosecution Unit for Combating Human Trafficking and Exploitation (PROTEX), the major part of the 563 complaints of trafficking for labour exploitation received through the free national telephone helpline, in 2016 and 2017, referred to the garment and agricultural sectors (30 per cent and 28 per cent of the complaints received, respectively).

(a) Labour exploitation in the garment sector. The Committee notes the CTA Autonomous’s indication concerning trafficking and labour exploitation in sweatshops, and more particularly a 2015 sweatshop fire which resulted in the death of eight workers. It notes the Government’s indication that, on 30 March 2016, the persons who were found responsible for the sweatshop were condemned to 13 years of imprisonment for slave labour by the Criminal Court. The Committee further notes that, according to the CTA Autonomous, the Federal Police was informed of the existence of more than 200 sweatshops and, in 2015, 1,153 labour inspections were conducted in the Buenos Aires city in buildings where sweatshops were believed to be operating. Infractions were detected in 436 places and 286 sites were closed. It further takes note of a study on the situation of the textile workshops in the Buenos Aires city, published in December 2016 by the Ministry of Labour, Employment and Social Security, forwarded by the Government, according to which more than 70 per cent of the sewing workers are involved in sweatshops, and 70 per cent of the victims of informality, trafficking and labour exploitation in the textile workshops are migrant workers. The Committee notes the Government’s indication, in its reply to the observations made by the CTA Autonomous, that training activities were provided to labour inspectors in order to help them better identify possible victims of trafficking in forced labour situations and that a specific form to be annexed to inspection reports was elaborated on the basis of the ILO forced labour indicators. The Government adds that several awareness-raising activities on sweatshops were conducted, in collaboration with the ILO, for labour inspectors between 2014 and 2017, and that a specific focus was put in 2017 on the textile workshops which resulted in the inspection of 70 workshops, out of which seven were closed.

(b) Labour exploitation in the agricultural sector. The Committee notes the CTA Autonomous’s indication that agricultural workers are particularly exposed to trafficking in persons as a result of a high percentage of informality and numerous cases of forced labour which were identified in this sector. The CTA Autonomous adds that, as a result of the establishment of the National Register of Agricultural Workers (RENATEA) and mobile registration units which helped in registering agricultural workers in remote areas, more than 15,000 potential victims of trafficking were identified. The Committee however notes the concerns expressed by the CTA Autonomous about the dissolution of the RENATEA in 2016, which was replaced by the previous RENATRE (National Register of Agricultural Workers and Employers) from 1 January 2017. According to CTA Autonomous, while some progress was made with the RENATEA, no positive achievement was made concerning labour inspections in the agricultural sector in 2017.

Noting certain measures taken by the Government, the Committee requests it to strengthen its efforts to effectively identify and combat trafficking in persons, in particular in the garment and agricultural sectors and to continue to provide information on the concrete measures taken in this regard. It also requests the Government to provide information on the number of victims of trafficking in persons who have been identified in these sectors, disaggregated by gender and nationality.

Legal and institutional framework. The Committee previously noted the adoption of Act No. 26.842 of 2012 on the prevention and punishment of trafficking in persons and assistance to victims which simplified the definition of trafficking in persons contained in section 145bis and ter of the Penal Code. This Act provides for the creation of the Federal Council to Combat the Trafficking and Exploitation of Persons and to Protect and Assist Victims, which is the standing framework for institutional action and coordination to combat trafficking in persons, as well as of its executive committee. The Committee notes the Government’s indication, in its report, that the Federal Council, which is composed of representatives from the national and provincial authorities, the General Prosecution Service, the civil society, as well as of the executive committee established in 2013, held its first meeting on 23 June 2016 and has met on a regular basis since then. It notes that five standing commissions have been established within the Federal Council to deal specifically with prevention; investigation and punishment; protection and assistance of victims; annual reporting; and monitoring of the body in charge of the seizure and confiscation of property. The Committee takes note with interest of the adoption of the first Biennial National Plan to Combat the Trafficking and Exploitation of Persons for 2018–20, elaborated by the executive committee of the Federal Council in collaboration with the ILO as well as other relevant actors, including judicial authorities and PROTEX. It notes that the Biennial National Plan mainly focuses on prevention; assistance to victims; prosecution; and coordination and strengthening of the institutional framework. It notes in particular that several actions are aimed at promoting public awareness-raising campaigns and capacity building of public officials, including of the federal security forces, to identify and prevent trafficking; enhancing access of victims to legal redress; and improving the collection and dissemination of statistical information on trafficking in persons through the elaboration of a national registry of data. It notes that in April 2018, public awareness-raising campaigns on trafficking in persons were elaborated by the Government, in collaboration with the ILO. The Committee requests the Government to provide information on the actions taken in the framework of the Biennial National Plan to Combat the Trafficking and Exploitation of Persons for 2018–20, as well as on any assessment undertaken on their impact to eliminate trafficking in persons. It further requests the Government to provide information on the activities undertaken in the framework of the Federal Council to Combat the Trafficking and Exploitation of Persons and to Protect and Assist Victims, including its five standing commissions, and the executive committee.

(a) Action of the General Prosecution Service. The Committee previously noted the crucial role played by the General Prosecution Service in repressing trafficking in persons, as well as the establishment of its special unit PROTEX in 2013. The Committee notes the Government’s indication that several actions were implemented by PROTEX to combat trafficking in persons. It welcomes the establishment of the synchronized complaints system for crimes of trafficking and exploitation of persons within the General Prosecution Service, provided for in the Act No. 26.842 of 2012, as well as the adoption of Resolution No. 1280/2015 approving a single protocol to better coordinate action (Protocolo único de articulación) on the handling of complaints related to trafficking in persons. The Committee notes that, according to the 2018 report of PROTEX, 4,296 complaints were received through the free national telephone helpline in 2016 and 2017, 86.3 per cent of which were referred to the judicial authorities. It notes the Government’s statement that 75 per cent of the complaints received were processed within 48 hours. The Committee however notes that while almost 40 per cent of the complaints received through the free telephone helpline referred to sex trafficking, only 13 per cent referred to labour exploitation which may result, in PROTEX’s views, from a lack of awareness concerning both indicators of forced labour situations and the availability of the free telephone helpline by the workers affected by such situations. The Committee notes that the CTA Autonomous also highlights that the low percentage of cases of trafficking for labour exploitation is a clear sign of the isolation and practical difficulty faced by such victims at the time of making complaints. The Committee requests the Government to continue to provide information on the number of investigations and prosecutions initiated in cases of trafficking and labour exploitation, including by PROTEX, as well as on any measures taken in the framework of the single protocol to better coordinate action on the handling of complaints related to trafficking in persons. It also requests the Government to provide information on any measures taken to identify and combat the root causes of the low number of complaints made in cases of trafficking for labour exploitation.

(b) Action by the police forces and allegations of corruption. The Committee previously urged the Government to conduct investigations and ensure that appropriate and dissuasive penalties are imposed in cases of corruption and complicity of law enforcement officials in cases of trafficking. The Committee notes the Government’s statement that as a result of the anonymous character of the free national helpline established in 2012, a high percentage of cases of corruption and complicity of law enforcement officials in cases of trafficking have been identified. The Government adds that 10 per cent of the complaints received by PROTEX referred to such cases, and that in some instances prison sentences were imposed. The Committee notes that, according to its 2018 report, PROTEX received 339 complaints referring to cases of complicity of law enforcement officials in cases of trafficking between 2016 and 2017. The Committee encourages the Government to continue to ensure that investigations are duly conducted in cases of corruption and complicity of law enforcement officials, and that appropriate and dissuasive penalties are imposed. It requests the Government to provide updated information on the number of cases registered and prosecuted, as well as the sanctions imposed.

(c) Action by the labour inspectorate. The Committee previously requested the Government to continue to take measures to ensure that the labour inspectorate has sufficient human and material capacity to carry out its work effectively throughout the territory. The Committee takes due note of the adoption of Act No. 26.940 of 26 May 2014, on the promotion of registered work and prevention of labour fraud, which establishes a public registry of employers (REPSAL) which have received cases of labour violations in that regard, including cases of trafficking in persons, and provides for a Special Unit for the Inspection of Irregular Work (UEFTI), for the purpose of analysing, investigating and evaluating situations of unregistered work in sectors which are difficult to monitor and also any form of illegal subcontracting and labour and social security fraud. It notes the Government’s indication that the UEFTI, which was established through Resolution No. 470/2016 of 21 July 2016 relied on video monitoring for labour inspections, mainly in remote areas. It further notes the Government’s reference to the purchase of two additional utility vehicles for the labour inspection which is now composed of four mobile labour inspection units. The Committee notes that, according to the statistical information forwarded by the Government, from 2014 to 2017, training was provided to 1,558 labour inspectors and other public actors on the detection of cases of trafficking in persons and forced labour situations. The Committee notes the CTA Autonomous’s indication concerning the lack of appropriate resources for the labour inspection services to effectively combat trafficking in persons. Recalling that labour inspection is an essential element in combating trafficking in persons for labour exploitation, the Committee encourages the Government to continue to take measures to reinforce the capacity of the labour inspection services for action, particularly in sectors where the incidence of forced labour is well known, such as the garment and agriculture sectors, and in the corresponding geographical areas. It further requests the Government to provide information on the functioning of the REPSAL, as well as on the activities undertaken by the UEFTI.

Application of effective penal sanctions. The Committee previously noted that the total number of convictions was fairly low compared with the number of victims assisted and persons arrested and hoped that the new definition of trafficking in persons contained in Act No. 26.842 would contribute to an improved judicial response to these crimes. The Committee notes the Government’s indication that a total of 225 judicial decisions on the crime of trafficking in persons were handed down of which 42 referred to labour exploitation (18.6 per cent) and 183 to sexual exploitation (81.4 per cent). It notes that 87 per cent of the judicial decisions resulted in convictions, thus representing 439 persons convicted and 1,037 victims. The Committee requests the Government to continue its efforts to enhance access to justice for victims of trafficking and ensure that all persons who engage in trafficking are subject to prosecutions and that dissuasive penalties are applied in practice. The Committee also requests the Government to continue to provide information on the number of proceedings initiated and convictions, as well as the nature of the penalties imposed.

Assistance to victims. The Committee previously noted that the National Programme of Assistance and Support for Victims of Trafficking in Persons was made up of a multidisciplinary team which assists in identifying victims of trafficking and providing psychological, medical and legal assistance. It notes that, according to the statistical information provided by the Government, from 2008 to 2017, assistance was provided to 11,760 victims, as a result of the National Programme. The Committee further notes that the first National Action Plan on Human Rights for 2017–20 sets as an explicit objective to ensure the promotion and protection of human rights for victims of trafficking through the establishment of regional offices of the National Programme. The Committee notes the Government’s indication that, while Act No. 26.364 of 2008 provides that the fines imposed and the proceeds of the assets seized, as a result of the identification of the trafficking in persons offences, shall be allocated to victim assistance programmes, allocation procedures to transfer the amounts of money seized are currently being implemented. It notes that the CTA Autonomous highlights the lack of appropriate social and occupational reintegration programmes for victims of trafficking, and the CGT RA points out important deficits in the assistance provided to victims and asks for the elaboration of a protocol aimed at the effective restoration of victims’ rights. The Committee further notes that, in its last concluding observations, the Committee on Economic, Social and Cultural Rights expressed concern at the lack of mid- and long-term assistance measures to victims of trafficking (E/C.12/ARG/CO/4, 1 November 2018, paragraph 41). The Committee requests the Government to continue to reinforce the resources available to the National Programme of Assistance and Support for Victims of Trafficking in Persons, and to provide information on the establishment of any regional offices of the National Programme. It further requests the Government to provide information on the implementation of the procedures aimed at allocating the fines imposed and the proceeds of the assets seized as a result of the identification of the trafficking in persons offences to victim assistance programmes, and on the manner in which these funds are used. Lastly, it requests the Government to provide information on the number of victims who have been identified and have benefited from such assistance.

The Committee is raising other matters in a request addressed directly to the Government.