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

Convention (n° 29) sur le travail forcé, 1930 - République démocratique populaire lao (Ratification: 1964)

Autre commentaire sur C029

Observation

2011

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Following its previous comments, the Committee notes the statistical information provided by the Government in its report concerning the court proceedings related to cases of trafficking in persons. According to this data, in 2022, 128 cases of trafficking were investigated, 228 perpetrators were brought to trial, 56 cases were sent to the prosecutor, 51 cases were received by the people’s court, while in 50 cases decisions were made. The Government indicates that the maximum penalty imposed was imprisonment for 15 years and three months. It further indicates that 277 victims, including 225 women, were provided with assistance. The Committee observes that the Government has not provided specific information on the measures taken to implement the National Action Plan on Anti-Trafficking in Persons 2017–20 nor on the protection granted to victims.

The Committee notes the information from the United Nations Office on Drugs and Crime (UNODC) that under the framework of the Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants (GLO.ACT), UNODC and the Ministry of Public Security signed the GLO.ACT Action Plan to implement selected interventions against trafficking in persons and smuggling of migrants with Lao PDR Government counterparts. The interventions include utilizing police media channels to raise awareness of these crimes among vulnerable groups, promoting inter-disciplinary cooperation on human trafficking cases among criminal justice practitioners and social workers, delivering training on victim identification and appropriate legal and social responses to victims of trafficking and migrant smuggling. The Committee requests the Government to continue its efforts to combat trafficking in persons and provide information on:

the measures taken by the National Committee on Anti-Trafficking in Persons to guide, coordinate and monitor the action against trafficking, including in relation to the adoption of a new action plan;
the activities undertaken within the context of the implementation of the GLO.ACT, indicating the results obtained and the challenges faced;
the protection granted to victims according to the Law on Anti-Trafficking in Persons, 2015:
the number of cases of trafficking identified and investigated, the number of prosecutions, convictions and the penalties imposed on perpetrators.

2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee observes that the Government has not provided information on the measures taken to protect Lao migrant workers from being exposed to practices that increase their vulnerability to forced labour practices.

The Committee notes from a report published by the ILO in 2023, entitled “The ASEAN Forum on Migrant Labour, a review of the implementation of Recommendations”, that Lao PDR introduced Decree No. 245 on the Placement of Lao Workers to Work Abroad in May 2020, creating a more inclusive migration and mobility framework and lifting the de facto ban on regular migration for domestic workers. In addition, the Ministerial Agreement No. 1050 of 2022 on the Establishment and Management of Employment Service Enterprises and the Establishment of a Lao Employment Service Agency Association which was adopted to guide the effective implementation of Decree No. 245 prohibits recruitment agencies from charging workers employment service fees and provides grounds for the closure of a recruitment agency. The Committee requests the Government to provide information on the implementation of Decree No. 245 and Ministerial Decree No. 1050 and their contribution to and impact on the prevention of migration-related abuse, exploitation and trafficking, particularly in the domestic sector. It also requests the Government to provide information on the monitoring of recruitment agencies and on the violations observed. The Committee further requests the Government to provide information on the measures taken to provide Lao migrant workers with access to information on fair migration channels and support services.

Articles 1(1) and 2(1). Freedom of civil service employees to terminate employment. The Committee notes that the Government reiterates that under section 65 of the Law on Civil Servant No. 74/NA of 18 December 2015, employees and civil servants can resign voluntarily from their jobs by requesting permission from the responsible organization and does not refer to any refused request.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that the Labour Code prohibits the exaction of forced labour without providing for any penal sanctions applicable. The Committee takes due note of the Government’s indication that according to section 218 of the new Criminal Code No. 26/NA of May 17, 2017, any person exercising duress against another person by using force, weapons, or threats, to compel another person to act or to refrain from acting according to the offender’s will, but contrary to the compelled person’s will, and to the detriment of the compelled person, shall be punishable with imprisonment for a term between three to five years and a fine. The Committee also notes that as per sections 2 and 4 of the Law on Anti-Trafficking in Persons, 2015, the offence of “trafficking in persons” includes the “receipt of persons” which refers to recruitment of persons to work by deception, abuse of power, coercion, or threat, and is punishable with imprisonment for a term between five to fifteen years and a fine (section 89). The Committee requests the Government to provide information on the number of prosecutions and convictions handed down under section 89 of the Law on Anti-Trafficking in persons and section 218 of the Criminal Code.