Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Chile (Ratification: 1933)
Protocol of 2014 to the Forced Labour Convention, 1930 - Chile (Ratification: 2021)

The Committee notes the observations of the Single Central Organization of Workers of Chile (CUT-Chile), received on 3 November 2017.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the strengthening of the legislative and institutional framework to combat trafficking in persons. It noted in particular: (i) the adoption of Act No. 20507, which criminalizes the smuggling of migrants and trafficking in persons and contains provisions on prevention and more effective prosecution; (ii) the establishment of the intersectoral committee on trafficking in persons, responsible for coordination action, plans and programmes for its prevention, repression and punishment; (iii) the adoption in December 2013 of the National Action Plan to Combat Trafficking in Persons, containing four strategic components: prevention and awareness, surveillance and prosecution of crimes, protection and assistance of victims, and interinstitutional coordination and cooperation; and (iv) the adoption of the intersectoral protocol on care for victims of trafficking. The Committee requested the Government to provide information on the implementation of the National Action Plan, the action taken by the brigade to investigate trafficking in persons (BRITRAP) and any judicial proceedings brought under section 411 quater of the Penal Code.

The Committee notes, according to the information provided by the Government in its report, that in April 2015, the intersectoral committee on trafficking in persons assessed the implementation of the National Action Plan. Based on the obstacles encountered in the implementation of each of the strategic components, the intersectoral committee examined and redefined the objectives, actions and outcome indicators of the Plan for the period 2015–18. The Committee notes the finding of the assessment that, in relation to prevention, it was considered that there was a general lack of knowledge of the crime of trafficking in persons, meaning that certain situations of trafficking might not be identified appropriately, leading to the continued violation of the rights of the victims. Another finding was the need for training for officials in the criminal justice system, as the concepts of the smuggling of persons, trafficking in migrants and irregular migration were often confused. It was also found that, despite the existence of legal remedies in the judicial system for victims to obtain compensation for the damage suffered, victims had not made use of those remedies until 2015.

In this regard, the Committee notes that the intersectoral committee on trafficking in persons has developed tools for the law enforcement authorities, such as: (i) the good practice guide for the criminal investigation of the crime of trafficking in persons; (ii) the guide on the detection and identification of victims of trafficking in persons, which defines and describes the indicators for the primary and secondary identification of victims of trafficking (July 2016); and (iii) the operational guide for intersectoral inspections relating to trafficking in persons which is intended to provide public officials, in the context of their inspection functions, with tools to promote effective and efficient criminal prosecution and suitable assistance for victims. Regional committees on trafficking in persons have also been established to give effect to the regional strategy. The Committee notes that, according to the statistical information published by the intersectoral committee, between the adoption of Act No. 20507 in 2011 and the end of 2017, there were 33 prosecutions for the crime of trafficking (23 for sexual trafficking and ten for labour trafficking), covering a total of 214 victims (57 per cent were men, 43 per cent women, and almost all of the victims were foreign nationals), 14 sentences were handed down and 20 convictions. In addition, 123 cases were covered by the intersectoral protocol on assistance to victims of trafficking and a total of 123 visas were issued for victims, mostly of Bolivian nationality. In this regard, the Committee notes the detailed information provided by the Government on the investigations carried out in 2016 and 2017 by the BRITRAP, which found evidence leading to arrest warrants being issued for the suspects.

The Committee notes the indication by CUT-Chile in its observations that trafficking in persons is a growing issue which is nevertheless still little known, invisible and difficult to quantify in real terms. CUT-Chile recognizes that Act No. 20507 constitutes progress from the viewpoint of criminal prosecution, but is limited to one aspect of the problem, leaving aside what is really important, namely assistance to victims and their reintegration. CUT-Chile considers that the Government needs to strengthen the investigation and inspection services with a view to the elimination of all forms of forced labour. It also considers it necessary to establish compensation funds for victims.

The Committee welcomes the action taken by the Government to formulate the updated National Action Plan to Combat Trafficking in Persons, which adopts an integrated and coordinated approach. The Committee encourages the Government to continue taking the necessary measures to give effect to the four strategic components of the Plan: prevention, prosecution, protection and assistance for victims, and interinstitutional coordination and cooperation. The Committee requests the Government to provide detailed information in this regard, and information on the monitoring and follow-up of the implementation of the Plan by the intersectoral committee on trafficking in persons. While noting that the identification of cases of trafficking and the protection of victims continue to be important objectives, the Committee requests the Government to continue reinforcing the efforts made to provide adequate protection for victims of trafficking and to ensure that all victims are in a position to assert their rights. The Committee requests the Government to provide information on the measures adopted in this regard. Finally, the Committee requests the Government to continue providing information on the operations of the BRITRAP, the prosecutions brought under section 411 quater of the Penal Code, and the penalties handed down.

Articles 1(1) and 2(1). Impact of the operation of the duty lawyer roster system on the free exercise of the profession of lawyer. In its previous comments, the Committee referred to the report adopted in November 2008 by the tripartite committee set up to examine the representation made by the Colegio de Abogados de Chile on the overall operation of the duty lawyer roster system and its impact on the free exercise of the profession of lawyer. The Committee noted that section 595 of the Basic Code on Courts, which required duty lawyers to provide legal aid “free of charge” had been repealed (ruling No. 1254 08 INC of the Constitutional Court). It also noted the measures taken to ensure legal aid for persons with low incomes, especially through the Defensoría Penal and the Defensoría Laboral. The Committee encouraged the Government to continue taking measures to enable the system of duty lawyers to operate within reasonable limits of proportionality with respect to the volume and frequency of the work assigned to lawyers and to ensure that duty lawyers receive financial compensation for the legal aid that they provide.

The Committee notes the Government’s indication that every effort is being made to prepare draft legislation to resolve the weaknesses identified in the current public legal aid system. To this effect, it has engaged in participatory work with the representatives of the four Legal Aid Corporations which constitute the public legal aid system with a view to improving the quality of the legal services provided to the vulnerable population of the country. The Government indicates that the corporations have made progress in making their services more professional and in the provision of free services in labour and civil issues and in judicial family law cases.

The Committee notes this information and requests the Government to continue providing information on the adoption of the Act regulating the public legal aid system. Please provide information on the impact of the adoption of the Act on the volume of work assigned to duty lawyers. The Committee once again requests the Government to provide information on the financial compensation provided to duty lawyers for the legal aid that they provide.