Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - El Salvador (Ratification: 1995)

Articles 2(1) and 25 of the Convention. Trafficking in persons and penalties. Referring to its previous comments, the Committee notes the information provided by the Government in its report according to which sentences of imprisonment have been imposed as a result of eight lawsuits between 2008 and 2010 regarding the crime of trafficking in persons (in the mentioned cases all victims were children). The Committee also notes the detailed information provided by the Government on the actions taken under the Strategic Plan of the National Committee against Trafficking in Persons, including information on training and prevention, and awareness-raising campaigns that have been developed. It notes, in particular, the victims’ protection policies, which include the creation of shelters, the establishment of a programme of group psychotherapeutical intervention for trafficking victims, as well as various actions taken by the Trafficking in Human Beings Unit of the Office of the Attorney General. Finally, the Committee notes the Government’s statement in which it recognizes the need for a more comprehensive law on trafficking in persons, as well as the creation of a coordination mechanism to prevent and suppress the crime of trafficking, providing also for victim’s protection.

The Committee notes the concluding observations of the United Nations Human Rights Committee on the implementation of the International Covenant on Civil and Political Rights by the Government of El Salvador (CCPR/C/SLV/CO/6, 18 November 2010). In its observations, the Human Rights Committee expresses concern about the fact that there have been investigations, prosecutions and convictions in only a very small proportion of cases of trafficking in persons in the country. As regards victims’ protection, the UN Committee further observes that the number of shelters available is limited and therefore insufficient to ensure the adequate and necessary protection to trafficking victims. Finally, the UN Committee expresses its concern about the vulnerable situation of women and girls performing domestic work, in particular in the rural and indigenous communities. It observes that domestic workers are often subject to particularly harsh working conditions, excessive working hours and unpaid or poorly paid work.

While acknowledging that the information provided by the Government demonstrates its efforts in combating trafficking in persons, the Committee hopes that the Government will continue to take measures in this regard, in particular by strengthening its law enforcement mechanisms in order to effectively investigate and prosecute cases of trafficking in persons, both for sexual and labour exploitation, and by ensuring that all trafficking victims receive access to necessary services and protection. Please provide information on the measures targeting vulnerable workers, in particular domestic workers in the rural and indigenous communities. The Committee would be grateful if the Government would continue to provide information on court decisions concerning trafficking cases, as well as information regarding any difficulties encountered by the competent authorities in identifying victims and in initiating legal proceedings against the perpetrators. Finally, the Committee requests the Government to provide updated information on the process of adoption of a comprehensive law on trafficking in persons.