Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative measures. The Committee notes the Government’s indication that a draft Anti-Trafficking Law has been submitted to the Legislative Assembly in July 2013 and is currently under discussion. The Government indicates that the draft law criminalizes certain acts which are not covered by the penal legislation in force and provides for more severe sanctions for trafficking in persons. The draft law also stipulates the creation of mechanisms to strengthen inter-institutional cooperation, especially with regard to victims’ access to justice and effective remedies. The Committee encourages the Government to pursue its efforts with a view to ensuring the adoption of the draft Anti-Trafficking Law and requests it to provide, with its next report, information on the progress made in this regard.

2. Measures targeted at vulnerable groups. With regard to its previous comments concerning measures targeted at vulnerable workers, in particular domestic workers in rural and indigenous communities, the Committee notes the Government’s indication that article 63 of the Constitution has been amended pursuant to Decree No. 5 of 2012. Amended article 63 recognizes indigenous peoples and establishes the obligation of the State to adopt specific policies to safeguard their ethnic and cultural identities. While noting this information, the Committee notes the Government’s statement that no measures targeted specifically at domestic workers in rural or indigenous communities have been taken in the context of measures to address forced labour and trafficking. The Committee therefore encourages the Government to take the necessary measures, both in law and in practice, to strengthen the protection of workers in rural and indigenous communities, including domestic workers, against the imposition of practices which may amount to forced labour, providing the necessary assistance so as to enable them to assert their rights and denounce any abuses of which they may be victims. The Committee requests the Government to provide information on the steps taken or envisaged to this end.

3. Law enforcement and penalties. The Committee notes the statistical information provided by the Government on the number of investigations and prosecutions of cases of trafficking carried out, as well as the number of convictions and victims identified. According to this information, 142 cases of trafficking were investigated between 2012 and 2013, resulting in 11 convictions. The Committee requests the Government to continue to provide information on the investigations carried out and legal proceedings initiated, as well as on the number of convictions and the specific penalties applied to cases of trafficking, indicating, in particular, the number of cases relating to trafficking for labour exploitation or forced labour.

4. National Policy to Combat Trafficking. The Committee welcomes the adoption of a National Policy to Combat Trafficking in Persons in 2012. The Committee also notes the detailed information provided by the Government on the measures taken and results achieved in the areas of prevention, capacity building, awareness raising, regional and inter-institutional cooperation and victim protection and rehabilitation. The Committee notes, however, that while the Government refers to the establishment of shelters for child and female victims of trafficking, it provides little information with regard to measures aimed to protect, assist and rehabilitate male victims of trafficking and forced labour. The Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken in this regard. It requests the Government to strengthen its efforts to ensure that appropriate protection and assistance is provided to all victims of trafficking, male and female, and to provide, with its next report, information on the steps taken to this end.