Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - République démocratique populaire lao (Ratification: 1964)

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 initially made in 2017.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that section 134 of the amended Penal Law No. 56/NA punishes human trafficking and that section 49 of the Law on Development and Protection of Women prohibits trafficking in women and children. It requested information on the application of these provisions in practice. The Committee also noted that the Committee on the Rights of the Child expressed concern that the country was one of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation. It further noted that the Committee on the Elimination of Racial Discrimination expressed concern that human trafficking remained a serious problem.

The Committee notes with interest that the Law on Anti-Trafficking in Persons was adopted in 2015, which contains detailed provisions regarding prevention measures, protection and assistance to victims, as well as penal sanctions for perpetrators. It also provides for principles, rules and measures regarding the administration, monitoring, supervision, and inspection of anti-trafficking activities. The Committee also notes the Government’s information in its report that the Anti-Trafficking Committee has been established with the Police Department as its secretariat, consisting of the Ministry of Justice, the Department of Social Welfare, Lao Women’s Federation and the Ministry of Foreign Affairs. The Government indicates that investigations, legal inquiries and prosecutions of human trafficking cases rely on annual reports produced by the Anti-Trafficking Committee. The Committee further notes the Government’s report to the Human Rights Committee of 27 April 2017, that from 2008 to 2012, there were 177 sentenced trafficking cases, involving 231 offenders, of which 145 were women. Among these cases, 422 victims were identified, of which 358 were women (CCPR/C/LAO/1, para. 61). The Government has also acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime and signed the ASEAN Convention against Trafficking in Persons, especially Women and Children in 2015. At the bilateral level, the Government has signed MOUs with Viet Nam, China and Thailand on cooperation in combating and suppressing cross-border trafficking in persons, including issues related to the extradition of suspects, investigation and prosecution of perpetrators, as well as the identification of, and assistance to, victims (CCPR/C/LAO/1, para. 62). The Committee further notes that the National Plan of Action on Human Trafficking (2013-2015) was integrated into sectorial plans and a new National Plan of Action to Prevent and Combat Trafficking in Persons is under development (CCPR/C/LAO/1, para.154). The Committee therefore encourages the Government to continue its efforts to combat trafficking in persons, and to provide information on the measures taken in this regard. It requests the Government to provide information on the application in practice of the Law on Anti-Human Trafficking, as well as section 134 of the amended Penal Law No. 56/NA and section 49 of the Law on Development and Protection of Women, including the number of investigations, prosecutions, convictions and specific penalties imposed. The Committee further requests the Government to provide information on any progress made regarding the adoption of the new National Plan of Action to Prevent and Combat Trafficking in Persons, and to provide a copy once it is adopted.

Articles 1(1) and 2(1). Freedom of civil service employees to terminate employment. The Committee previously noted the copy of the Decree on Civil Service of 2003 submitted with the Government’s report. Section 87(3) of the Decree states that employment may be terminated through voluntary resignation. Section 89 of the Decree states that civil servants can voluntarily resign from their jobs by requesting approval from the responsible organization. The Committee requested the Government to provide information regarding whether a request for approval made by a civil servant for resignation may be refused by the responsible organization and, if so, what are the grounds for refusal.

The Committee notes the absence of information in this regard. The Committee therefore once again requests the Government to provide information regarding whether a request for approval made by a civil servant for resignation may be refused by the responsible organization and, if so, what are the grounds for refusal.

Article 25. Penalties for the exaction of forced and compulsory labour. The Committee previously noted that a new Labour Code No. 43/NA had been adopted in 2013. While noting that section 141 of the law prohibits employers from using forced labour of any kind, whether directly or indirectly, the Committee observed that no penal sanction for the exaction of forced labour seems to be provided for in the law.

The Committee notes the absence of new information in this regard. The Committee recalls that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and the penalties imposed by law shall be “really adequate and strictly enforced”. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that adequate penalties are provided for persons who impose forced or compulsory labour, as required by Article 25 of the Convention.