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

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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, paragraphs 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, paragraphs 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.

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

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. Noting that the Government’s report contains no information on this point, the Committee requests 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.

Article 25. Penalties for the exaction of forced or compulsory labour. With regard to its previous comments concerning the imposition of penal sanctions for the exaction of forced labour, the Committee notes the Government’s statement that the Ministry of Labour (SEPFOPE) will initiate a consultation process in order to discuss the possibility of amending the Penal Code with a view to criminalizing and sanctioning the exaction of forced labour. In this connection, the Committee observes that the Penal Code contains provisions criminalizing coercion (section 158), grave coercion (section 159) and slavery (section 162), all of which are punishable with imprisonment (or a fine, in the case of coercion and grave coercion). The Committee therefore requests the Government to provide, in its future reports, information on the application in practice of the above provisions of the Penal Code, including information on any investigations carried out or legal proceedings which have been initiated, as well as the specific penalties applied.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

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. Noting that the Government’s report contains no information on this point, the Committee requests 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.

Article 25. Penalties for the exaction of forced or compulsory labour. With regard to its previous comments concerning the imposition of penal sanctions for the exaction of forced labour, the Committee notes the Government’s statement that the Ministry of Labour (SEPFOPE) will initiate a consultation process in order to discuss the possibility of amending the Penal Code with a view to criminalizing and sanctioning the exaction of forced labour. In this connection, the Committee observes that the Penal Code contains provisions criminalizing coercion (section 158), grave coercion (section 159) and slavery (section 162), all of which are punishable with imprisonment (or a fine, in the case of coercion and grave coercion). The Committee therefore requests the Government to provide, in its future reports, information on the application in practice of the above provisions of the Penal Code, including information on any investigations carried out or legal proceedings which have been initiated, as well as the specific penalties applied.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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. Noting that the Government’s report contains no information on this point, the Committee requests 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.

Article 25. Penalties for the exaction of forced or compulsory labour. With regard to its previous comments concerning the imposition of penal sanctions for the exaction of forced labour, the Committee notes the Government’s statement that the Ministry of Labour (SEPFOPE) will initiate a consultation process in order to discuss the possibility of amending the Penal Code with a view to criminalizing and sanctioning the exaction of forced labour. In this connection, the Committee observes that the Penal Code contains provisions criminalizing coercion (section 158), grave coercion (section 159) and slavery (section 162), all of which are punishable with imprisonment (or a fine, in the case of coercion and grave coercion). The Committee therefore requests the Government to provide, in its future reports, information on the application in practice of the above provisions of the Penal Code, including information on any investigations carried out or legal proceedings which have been initiated, as well as the specific penalties applied.

CMNT_TITLE

As regards its previous requests concerning freedom of civil servants and career members of the military forces to leave their service, the Committee notes the Government’s indication that no restrictions are imposed on the right of these categories of workers to terminate employment at their own request. The Government also asserts that there are no regulations establishing a minimum period of service for civil servants.

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. Noting that the Government’s report contains no information on this point, the Committee requests 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.

Article 25. Penalties for the exaction of forced or compulsory labour. With regard to its previous comments concerning the imposition of penal sanctions for the exaction of forced labour, the Committee notes the Government’s statement that the Ministry of Labour (SEPFOPE) will initiate a consultation process in order to discuss the possibility of amending the Penal Code with a view to criminalizing and sanctioning the exaction of forced labour. In this connection, the Committee observes that the Penal Code contains provisions criminalizing coercion (section 158), grave coercion (section 159) and slavery (section 162), all of which are punishable with imprisonment (or a fine, in the case of coercion and grave coercion). The Committee therefore requests the Government to provide, in its future reports, information on the application in practice of the above provisions of the Penal Code, including information on any investigations carried out or legal proceedings which have been initiated, as well as the specific penalties applied.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that section 163 of the Penal Code prohibits human trafficking and prescribes sentences of eight to 20 years of imprisonment. The Committee requests the Government to provide, in its next report, information on the application of this provision in practice, including information on the legal proceedings which have been instituted against perpetrators and the penalties imposed.

Articles 1(1) and 2(1). Freedom of civil servants to leave their service. The Committee notes the absence of information regarding the freedom of civil servants to leave their service. The Committee therefore requests the Government to supply, with its next report, copies of laws and regulations governing civil servants, so that it may examine the conditions under which they can leave their service.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave the service. The Committee requests the Government to indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in times of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee draws the Government’s attention to Article 25 of the Convention, according to which the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by law shall be really adequate and strictly enforced. The Committee requests the Government to provide information on the provisions contained in national legislation that can be applied to penally sanction persons who impose forced labour.

CMNT_TITLE

The Committee notes the information provided by the Government in its first report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that section 163 of the Penal Code prohibits human trafficking and prescribes sentences of eight to 20 years of imprisonment. The Committee requests the Government to provide, in its next report, information on the application of this provision in practice, including information on the legal proceedings which have been instituted against perpetrators and the penalties imposed.

Articles 1(1) and 2(1). Freedom of civil servants to leave their service. The Committee notes the absence of information regarding the freedom of civil servants to leave their service. The Committee therefore requests the Government to supply, with its next report, copies of laws and regulations governing civil servants, so that it may examine the conditions under which they can leave their service.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave the service. The Committee requests the Government to indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in times of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee notes that the exaction of forced labour is not punishable as an offence either under the Labour Code or under the Penal Code. The Committee draws the Government’s attention to Article 25 of the Convention, according to which the exaction of forced labour shall be punishable as a penal offence, and the penalties imposed by law shall be really adequate and strictly enforced. The Committee hopes that when the legislation will be revised, the Government will take the necessary measures to include a provision on penalties to be imposed for the exaction of forced labour.