Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Uruguay (Ratification: 1995)

Autre commentaire sur C029

Observation

2020

Demande directe

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The Committee takes note of the Government’s report received in 2019 as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its previous comments, the Committee observes that the Government has continued to strengthen its legislative and institutional framework for combating trafficking in persons. It notes in particular with interest the adoption of Act No. 19.643 of 20 July 2018 on preventing and combating trafficking in and exploitation of persons, and the National Plan of Action to prevent and combat trafficking in persons for 2018–2020 agreed on by the Inter-institutional round table set up for the same purpose (Decree No. 304/015 of 6 November 2015).

As regards Act No. 19.643, the Committee notes that it contains specific and comprehensive provisions on the protection and assistance to be provided for victims of trafficking as well as the integral compensation, restitution and rehabilitation of their rights. It establishes the National Council to prevent and combat trafficking in and exploitation of persons (CNTE), as the main body responsible for the elaboration, adoption, implementation and assessment of public policies and the National Plan on trafficking in persons, as well as for the coordination of the actions undertaken by the different stakeholders. In its supplementary information, the Government indicates that the CNTE held three meetings in 2019 which led to the setting up of two working groups, namely: (i) on prevention and prosecution of trafficking in persons; and (ii) on prevention of trafficking in persons, including through awareness-raising and capacity-building. The Committee notes the Government’s statement that the CNTE is currently working on an inter-institutional protocol for action and referral of possible victims, which should be finalized by the end of 2020. It further notes that Act No. 19.643 also refers to the development of an inter-institutional response system regarding actions for the prevention, assistance and compensation for victims of trafficking, registration of information, capacity building and assessment. Recalling that section 78 of Act No. 18.250 of 17 January 2008 on migration criminalizes trafficking in persons and provides for prison sentences from four to 16 years, the Committee further notes that Act No. 19.643 has amended section 280 of the Penal Code with a view to criminalizing not only slavery, but also servitude and forced labour. It has also introduced a new section 280 bis criminalizing sexual slavery and a section 280 quater criminalizing forced prostitution. Moreover, section 44 provides that the Public Prosecutor will collect information on reports of internal and international trafficking and report annually to the Parliament.

Regarding the National Plan of Action to prevent and combat trafficking in persons for 2018–20, the Committee notes that it sets specific strategic lines for action on prevention, public awareness-raising and capacity-building, in particular of public officials; detection of situations of trafficking in persons and effective access to justice; comprehensive assistance to victims; as well as inter-institutional coordination and international and regional cooperation. The National Plan of Action also provides for the publication of annual reports in order to assess the progress made and the difficulties faced in the implementation of the plan.

The Committee notes the Government’s indication, in its report, that several awareness-raising and capacity-building activities were carried out in 2018 and 2019, in particular for judicial authorities with respect to the new provisions of Act No. 19.643. Regarding victim protection, the Government indicates that multidisciplinary technical teams provide social and psychological assistance to victims of trafficking and that free legal assistance is also provided by the National Public Defence Office. The Committee notes that, according to the website of the National Institute for Women of the Ministry of Social Development (INMUJERES), which manages the centre that provides assistance to women victims of trafficking for sexual exploitation, a total of 157 women benefited from its services in 2017–2018. In that respect, the National Plan of Action provides for the revision of the protocol for the assistance of women victims of trafficking for sexual exploitation, as well as the elaboration of several new action protocols intended to detect and investigate cases of trafficking. The Committee further notes that, in its supplementary information, the Government states that, in 2018–19, 54 complaints for trafficking in persons were registered, out of which 38 are still under investigation and three resulted in penalties, and 29 victims of trafficking in persons were identified.

The Committee welcomes the efforts made by the Government to reinforce the legal and institutional framework to combat trafficking in persons. The Committee hopes that the Government will take the necessary measures to fully implement the strategic lines for action included in the National Plan of Action to prevent and combat trafficking in persons for 2018–2020, including by strengthening the capacity of labour inspectors and other law enforcement officials to identify situations of trafficking in persons, both for sexual and labour exploitation. It requests the Government to provide information on the nature and impact of the measures adopted in this regard, and in particular on the assessments of the implementation of the National Plan of Action undertaken by the CNTE. The Committee further requests the Government to provide information on the specific measures taken for the protection and compensation of victims, both women and men, as provided for in Act No. 19.643. Lastly, the Committee requests the Government to provide detailed information on the investigations carried out, the prosecutions initiated and penalties imposed under section 78 of Act No. 18.250 and sections 280, 280 bis and 280 quater of the Penal Code, as well as on any difficulties faced by the authorities involved in the prosecution of these offences.