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Forced Labour Convention, 1930 (No. 29) - Timor-Leste (RATIFICATION: 2009)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that section 163 of the Penal Code criminalizes human trafficking and prescribes sentences of eight to 20 years of imprisonment and requested the Government to provide information on the measures taken or envisaged to prevent, prosecute and punish trafficking in persons for purposes of both sexual and labour exploitation, including capacity-building and awareness-raising activities targeted at both law enforcement officials and the population in general, as well as any difficulties encountered by the authorities in these areas.

1. Legal and institutional framework. The Committee notes with interest the adoption of Law No. 3/2017, of 25 January 2017, which amends sections 163 and 164 of the Penal Code, criminalizes trafficking in persons for both labour and sexual exploitation. The Law extends criminal liability for trafficking in persons to legal persons, prescribing fines, asset forfeiture, judicial dissolution and accessory penalties. It also foresees measures for the protection and assistance to victims. In addition, the Law foresees the creation of a Committee against Trafficking in Persons and the elaboration of a national action plan, as well as measures for cooperation with civil society and at the international level.

The Committee also notes the information provided by the Government on follow-up to the concluding observations on the initial report of Timor-Leste of the Committee on the Protection of the Rights of Migrant Workers and members of their families, according to which the Government established a Working Group on Human Trafficking to develop a national action plan, disseminate information to the public and provide legal and other assistance. This group includes members of the relevant ministries, civil society, as well as international agencies. In addition, the Government has adopted the action plan to fight trafficking in persons among the member States of the Community of Portuguese Speaking Countries (CPLP) [CMW/C/TLS/CO/1/Add.1, paras 17, 20, 26]. The Committee encourages the Government to continue its efforts to combat trafficking in persons and requests the Government to provide information on the application in practice of the Law on the Prevention and Combating of Trafficking in Persons. The Committee further requests the Government to provide information regarding the adoption and implementation of the National Plan against Trafficking in Persons, as well as on the activities carried out by the Committee against Trafficking in Persons.

2. Identification and protection of victims. The Committee notes the information provided by the Government to the Committee on the Protection of the Rights of Migrant Workers and Members of their Families on follow-up to the concluding observations on the initial report of Timor-Leste, that 33 women were identified by state authorities as victims of trafficking in persons, for labour and sexual exploitation. The Government has engaged in a range of measures to provide protection and assistance to victims of human trafficking: a referral network was established in all municipalities; budget support is provided to NGOs to disseminate information to all entities, to provide logistical, material and psychosocial support to victims of human trafficking while their cases are being dealt with through the formal justice system. The Ministry of Social Solidarity also works with civil society to ensure legal assistance and other forms of social assistance [CMW/C/TLS/CO/1/Add.1, paras 23, 24 and 25]. The Committee requests the Government to continue to provide information on the steps taken to ensure identification and protection of victims, as provided for by the legislation, indicating the number of victims who have received assistance, and the description of services provided.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee observed in its previous comments that the Penal Code contains provisions criminalizing coercion (section 158), grave coercion (section 159), slavery (section 162) and human trafficking (section 163 and 164), all of which are punishable with imprisonment (or a fine, in the case of coercion and grave coercion) and requested the Government to provide information on the application in practice of such provisions. The Committee notes the Government’s indication in its report that the labour inspection office conducts regular inspections on the ground of article 8 of the Labour Code, but no cases related to forced labour, sexual labour exploitation, or any other forms of forced labour have been identified. Furthermore, no information is available yet on investigations or legal proceedings initiated regarding trafficking in persons, as well as penalties applied. The Committee notes that, according to the Timor-Leste country profile annexed to the 2018 United Nations Office on Drugs and Crime (UNODC) Global Report on Trafficking in Persons, between 2015 and 2017, 11 cases of trafficking in persons were recorded, prosecution was commenced against six persons and three persons were convicted of trafficking in persons. The Committee also observes that article 8 of the Labour Code prohibits the exaction of forced labour and that, according to article 99 of such Code, the violation of the prohibition of forced labour must be communicated to the Public Prosecutor with a view to initiating proceedings leading to civil and criminal liability of those involved. In its 2012 General Survey on giving globalization a human face, paragraph 321, the Committee indicates that “the effective implementation of the prohibition of forced labour also requires the sanctions envisaged by law to be “strictly enforced”. For this purpose, the State has to ensure that the authorities responsible for enforcing the application of the law are in a position to fulfil their functions. In the first place, this involves the public authorities being able to identify violations of the prohibition of using any form of forced labour. Labour inspection plays an essential role in this respect in view of its mission to supervise the application of labour legislation and identify violations. … Certain countries have established units in the labour inspectorate with special responsibility for combating certain forms of forced labour. The Committee has noted in this respect that inspections by these special units not only result in the release of workers from situations of forced labour, but also provide the judicial authorities with documents that serve as a basis for the prosecution of those responsible for such practices.” The Committee therefore requests the Government to provide information on the application in practice of the above provisions of the Penal Code, including information on the investigations carried out, the legal proceedings initiated, as well as the specific penalties applied, and to specify the difficulties the authorities encounter in this regard and the measures envisaged to overcome them.