Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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. In its previous comments, the Committee welcomed the action taken by the Government to strengthen the legislative and institutional framework against trafficking in persons. The Committee particularly noted the adoption of Act No. 896 of 2015 against trafficking in persons, which strengthens the role of the National Coalition against Trafficking in Persons, provides for the establishment of a single national register of information on trafficking in persons and a fund for prevention and for assistance and protection of victims, the resources of which will be allocated as a priority to assist victims. The Committee requested the Government to provide information on the specific measures taken to implement the different components of the Act, namely for prevention, repression, the protection of victims and compensation for the damage suffered.

The Committee notes the Government’s indication in its report that a large number of prevention activities have been undertaken to raise awareness of the phenomenon of trafficking among the general public, with more than 393,000 people participating in these activities. Radio, television and poster information campaigns were carried out with a view to preventing this crime. Furthermore, the Public Prosecutor’s Office organized 88 training sessions specifically covering legislation against trafficking in persons, attended by more than 43,000 officials from various ministries, and the prosecution and judicial authorities. As for repression, the Government indicates that, during the reporting period, the national police investigated five cases of trafficking leading to the release of 12 victims, who were all Nicaraguan nationals, and the Supreme Court of Justice handed down three convictions.

While noting this information, the Committee observes that the Government has only partially responded to its previous comments regarding the measures taken to implement the different components of Act No. 896 of 2015 against trafficking in persons. Consequently, the Committee hopes that the Government’s next report will contain detailed information on:

- the activities undertaken by the National Coalition against Trafficking in Persons to coordinate, develop and implement public policies to combat trafficking in persons. Please indicate the measures taken or envisaged with a view to the adoption and implementation of the National Strategic Plan for the protection of victims and the prevention, investigation, repression and punishment of the crime of trafficking in persons, provided for in section 9 of the Act of 2015;
- the establishment of a single national register of information on trafficking in persons and the data gathered on the phenomenon of trafficking, including an analysis of those data;
- the establishment of funds for prevention and for assistance and protection for victims. Please indicate the number of victims who have benefited from the services of such funds and describe the type of assistance and protection provided;
- the investigations conducted, the judicial proceedings initiated and the convictions handed down under section 182 of the Penal Code, indicating the nature of the penalties imposed (prison sentences and confiscation of assets) and the nature of the compensation granted to victims, as provided for in sections 39 and 53 of the Act of 2015.

Article 2(2)(c). Sentences of community work. Referring to its previous comments, the Committee requests the Government to provide examples of the work undertaken by persons sentenced to community work, provided for under section 61 of the Penal Code, and to indicate the measures taken to ensure that the bodies for which this work is performed are non-profit-making.