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

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

The Committee notes the observations of the National Confederation of Salvadoran Workers (CNTS), received on 25 September 2017, particularly concerning the work having to be performed free of charge by certain pupils in the last years of their education before obtaining their diplomas. The Committee requests the Government to send its comments on this matter, if it so wishes.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the setting up in 2011 of the National Anti-Trafficking Council, an inter-institutional body responsible for the formulation, monitoring, coordination and evaluation of action plans and programmes in this field. It also welcomed the adoption in 2012 of the national policy to combat trafficking in persons (national anti-trafficking policy). The Committee encouraged the Government to continue its efforts to prevent, eliminate and combat trafficking in persons, and in particular to provide appropriate assistance and protection for trafficking victims.

1. Legislative measures. The Government refers in its report to the adoption of the Special Anti-Trafficking Act (Decree No. 824 of 16 October 2014) and its implementing regulations (Decree No. 61 of 25 October 2016). The Committee notes that the Act puts forward an extended definition of the offence of trafficking in persons (delivering, collecting, transporting, transferring or receiving persons, or facilitating, promoting or enabling the foregoing, with a view to performing an activity, or enabling others to perform an activity, that qualifies as human exploitation) and establishes a penalty of imprisonment of ten to 14 years. According to section 5 of the Act, forms of human exploitation include bonded labour, sexual exploitation, forced labour, slavery and forced begging. The consent of the victim cannot be invoked to attenuate or nullify the criminal liability of the perpetrator. Moreover, the use of threats, force or any form of coercion or deceit constitutes an aggravating circumstance (sections 54–57). The Committee notes with interest the integrated approach adopted by the Act, which reaffirms that the national anti-trafficking policy is based on the following strategic components: detection, prevention and punishment of the crime of trafficking in persons, assistance and comprehensive protection for victims, restitution of their rights, and also coordination and cooperation. In this regard, it notes in particular that the Act and the Decree provide for: the setting up of specialist anti-trafficking units at the Public Prosecutor’s Office and within the National Civil Police; the setting up of care and reception centres for victims; the establishment of an assistance fund for trafficking victims; the possibility, depending on the victim’s migration status, of granting a one-year temporary residence permit; the obligation for the court issuing the trafficking conviction to determine the amount of compensation for the harm suffered by the victim; and the creation of the national information system on trafficking in persons, which collects and analyses statistical and academic data on the characteristics and scale of trafficking in El Salvador.

2. Institutional framework. The Committee observes that the national anti-trafficking policy is adopted for a period of five years. It constitutes the strategic policy framework for comprehensive action against trafficking in persons and is based on the various strategic components for action referred to above. Moreover, the legislation provides that the National Anti-Trafficking Council shall evaluate the implementation of the national policy every three years and publish an annual report on its work and on the implementation of multi-annual action plans to eliminate trafficking in persons. The Government provides detailed information in its report on the measures taken to raise awareness of the issue of trafficking and to strengthen the capacities of different stakeholders engaged in action against trafficking. The Committee notes in particular that the aim of these activities, conducted especially for labour inspectors or officials at the Public Prosecutor’s Office, is to enable early detection of possible cases of trafficking. Still in the context of strengthening capacities, the Government refers to the adoption of an action protocol for the detection and combating of illegal trafficking in persons and for the protection of victims. The aim of the protocol is to increase the effectiveness of the work of the Directorate-General for Migration and Foreigners by incorporating it in the framework of human rights protection.

While noting all the above information and welcoming the efforts made by the Government, the Committee requests the Government to continue taking steps to implement the different components of the national anti-trafficking policy and to provide information in this respect. It also requests the Government to indicate whether the National Anti-Trafficking Council has conducted regular evaluations of the implementation of this policy and the corresponding action plans and, if applicable, to provide copies of any reports published in this context. The Committee further requests the Government to indicate any difficulties encountered by the various stakeholders involved in action against trafficking, especially as regards identification of victims and their protection, and also the steps taken to overcome such difficulties. Lastly, the Committee requests the Government to send any statistical and academic data on the characteristics and scale of trafficking collected through the national information system on trafficking in persons.

3. Protection of victims. With regard to the protection of victims, the Government indicates that it is seeking the necessary funding and support to strengthen the specialist reception centres for girl trafficking victims and to create protection programmes for men and boys. The Government also refers to the setting up of “immediate response teams”, provided for in Decree No. 61, which take action in cases where imminent and prolonged assistance is called for, including medical and psychological treatment, food aid and the construction of a life project. The Committee requests the Government to indicate whether the assistance fund for trafficking victims has been set up and to specify the steps taken to strengthen capacities for the reception and assistance of trafficking victims, including through immediate response teams.

4. Application of penalties. The Committee notes the statistics provided by the Government for 2017 on the number of cases of trafficking in which the Ministry of Justice and Public Safety carried out joint actions with other authorities. Accordingly, 52 cases were reported, 47 were the subject of an investigation, charges were brought in seven cases, and three convictions were handed down. The Committee requests the Government to continue providing information on investigations, judicial proceedings, and the number and nature of convictions handed down on the basis of the Special Anti-Trafficking Act, indicating the forms of human exploitation cited by the courts. The Committee also requests the Government to indicate the resources made available to the specialist anti-trafficking units established at the Public Prosecutor’s Office and within the National Civil Police. Lastly, with regard to the obligation for the court handing down the anti-trafficking conviction to indicate the amount of compensation for the harm suffered by the victim, the Committee requests the Government to provide information in this regard.