Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République démocratique populaire lao (Ratification: 2005)

Autre commentaire sur C182

Observation

2023
2022
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Articles 3(a) and (b) and 7(1) of the Convention. Worst forms of child labour and penalties. Trafficking and commercial sexual exploitation. The Committee notes the Government’s indication, in its report, that section 215 of the Penal Code (as amended) provides a penalty of 15 to 20 years imprisonment and a fine for the offence of trafficking in children. It notes, from the Government’s report on the application of the Forced Labour Convention, 1930 (No. 29) that, between 1 June 2022 and 10 January 2023, 128 cases relating to trafficking in persons were prosecuted, 228 offenders were brought to trial, 56 cases were sent to the prosecutor, 51 cases were received by the people’s court and 50 cases were decided. The maximum sentence imposed by the court was 15 years and 3 months, and the maximum fine was LAK600,000,000 (approximately US$30,000). The Committee notes that this information is not disaggregated by age of the victims.

The Committee further notes, from the Government’s report to the United Nations Human Rights Council (HRC) Working Group on the Universal Periodic Review, that the Government is taking measures to strengthen the capacity of law enforcement officers to prevent and combat human trafficking. In this report, the Government also indicates that it is taking measures to raise-awareness of relevant international treaties and domestic law in efforts to strengthen village authorities and those working in the area of anti-human trafficking at the local level, to have a clear and common understanding of the work to be done (A/HRC/WG.6/35/LAO/1, 11 November 2019, para. 35). The Committee recalls that in its conclusions adopted in June 2019, the Conference Committee on the Application of Standards (Conference Committee) urged the Government to establish a monitoring mechanism in order to follow-up on complaints filed and investigations carried out, as well as to ensure an impartial process of prosecuting cases that takes into account the special requirements of child victims, such as protecting their identity and the ability to give evidence behind closed doors. The Conference Committee also recalled that the sexual exploitation of children, mainly girls, by both locals and foreigners, and the sale and trafficking of children for sexual and labour exploitation, both internally and externally, are issues of utmost concern in the country. The Committee notes the absence of information from the Government on this point. While taking note of certain measures to raise awareness of law enforcement officials about trafficking in persons, the Committee urges the Government to pursue its efforts to combat the trafficking and commercial sexual exploitation of children, by ensuring that traffickers, including complicit officials, as well as child sex tourists, are held accountable, through thorough investigations and prosecutions, as well as through the imposition of sufficiently effective and dissuasive penalties. It requests the Government to provide information on: (i) the measures taken to this end; and (ii) the application in practice of the relevant provisions of the Anti-Human Trafficking Law and section 215 of the Penal Code, indicating in particular the number of investigations, prosecutions, convictions and penal sanctions applied for the offences of trafficking and commercial sexual exploitation of children under 18 years of age.

Article 7(2). Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from such labour. Trafficking and commercial sexual exploitation of children. The Committee notes the Government’s indication that awareness-raising activities were undertaken in Vientiane, Vang Vieng, Savannakhet and Champasak, targeting associations, entrepreneurs, employees working in the tourism sector, hotels, guest houses, restaurants, boat operators, entertainment shops, souvenir shops, tourist transport service units and taxi drivers. The participants were provided with information about the Anti-Human Trafficking Law and a Guide to help victims of human trafficking. The Government further indicates that there is a hotline to report trafficking in persons and another one for the counselling and protection of women and children. To further raise-awareness and prevent children from falling victim to these worst forms of child labour, the Government states that a programme informing of the effects and dangers of human trafficking is regularly broadcast on television and on the radio. The Committee notes, from the Government’s report on the application of Convention No. 29, that 277 victims of trafficking were assisted (including 225 women). It notes however that the information is not disaggregated by the age of the victims.

The Committee further notes, from the Government’s report to the HRC, that in order to address the root causes of human trafficking, awareness-raising campaigns on the danger of human trafficking were targeted to all members of society, especially women and children, and focused on people living in border areas and high-risk villages. Campaigns have reached 83 target areas, covering 451 villages, amounting to 17,274 people including 8,805 women. Trainings were organized for the mass media to enhance the effectiveness of advertisements against human trafficking and illegal migration and annual events were held on the World Day against Trafficking in Persons with the participation of government agencies, stakeholders and civil society organizations. The Government adds that it provides all necessary assistance to victims of trafficking. The Lao Women’s Union (the Counseling and Protection for Women-Children Centre) is the main organization for the provision of free physical and psychological rehabilitation and phone counselling, and also receives reports of human trafficking cases. The Lao Women’s Union also set up Counselling Offices for Women and Children in all 17 provinces and in the capital city of Vientiane, as well as 148 districts across the country. In addition, the Government indicates that it established another temporary Shelter Centre for victims of trafficking in Louangnamtha Province. Furthermore, the Government states that it improved the coordination among state agencies and CSOs in a more harmonious manner in order to provide urgent and timely assistance to the victims (A/HRC/WG.6/35/LAO/1, 11 November 2019, paras 34–36). The Committee welcomes the efforts of the Government and requests it to pursue its efforts to prevent children under 18 years of age from becoming victims of trafficking as well as commercial sexual exploitation in the tourism sector and to continue to supply information on the measures taken in this regard. It also requests the Government to provide more detailed information on the measures taken to provide child victims of trafficking and commercial sexual exploitation with appropriate services for their rehabilitation and social integration, including the number of child victims of trafficking and commercial sexual exploitation who have been removed and provided with support and assistance.

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