Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Argentina (Ratificación : 1950)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Argentina (Ratificación : 2016)

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2022

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The Committee welcomes the ratification by Argentina of the Protocol of 2014 to the Forced Labour Convention, 1930. It requests the Government to provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

The Committee notes the observations of the Confederation of Workers of Argentina (CTA Autonomous) of 31 August 2021, and the General Confederation of Labour of the Argentine Republic (CGT RA) of 1 September 2021.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Institutional framework. The Committee notes from the final evaluation report of the Biennial National Plan to Combat the Trafficking and Exploitation of Persons for 2018–20, attached to the Government’s report, that, out of a total of 111 actions foreseen under the action plan, 80 per cent have been carried out. The Government indicates that, while the main objectives established under the action plan have been achieved, the context arising from the COVID-19 pandemic had a significant impact on the implementation of certain activities. The Committee notes the numerous awareness-raising and training actions carried out on trafficking and labour exploitation, particularly through information campaigns, the distribution of leaflets, and in-person and online training activities. The Committee also notes the adoption of the National Plan to Combat the Trafficking and Exploitation of Persons for 2020–22, drafted by the executive committee of the Federal Council to Combat the Trafficking and Exploitation of Persons and to Protect and Assist Victims, with the contribution of 44 agencies acting at the national, provincial and municipal level, and in collaboration with the ILO and several stakeholders from civil society. The National Plan contains 100 actions focusing on four main areas, namely: prevention; assistance to victims; prosecution; and coordination and strengthening of the institutional framework. The Committee also notes that 25 institutional round tables for preventing and combatting trafficking in persons were established, with the specific aim of contributing to the continuous training of public servants on trafficking in persons, widely disseminating the number of the free helpline to report situations involving trafficking, developing diagnostic tools to better prevent trafficking, and coordinating efforts in that area. The Commission notes, in this regard, that the CGT RA and the CTA Autonomous underscore the importance of this inter-institutional work, which, from their point of view, must be continued and deepened, in order to effectively end trafficking and labour exploitation.

The Committee welcomes the continued strengthening of the institutional framework to combat trafficking in persons, and requests the Government to continue to take the necessary measures to effectively implement the four main lines of action under the National Plan to Combat the Trafficking and Exploitation of Persons for 2020–22. The Committee requests it to provide information on the diagnostic tools developed and the evaluation reports drafted in this regard, and on the impact of the measures taken and the difficulties encountered, as well as the activities carried out under the framework of the Federal Council to combat the trafficking and exploitation of persons and to protect and assist victims, and the interinstitutional round tables for preventing and combatting the trafficking of persons established at the provincial level.

Action by the labour inspectorate. The Committee notes the Government’s indication that a special procedure has been established to review the indicators of labour exploitation that may be identified by labour inspectors during their activities, in accordance with Ministry of Labour Resolution No. 230/18 of 12 June 2018. Furthermore, in 2020, a practical guide was specially designed for inspectors to help them better understand the issues and mechanisms that allow for situations involving trafficking and labour exploitation to be identified and reported. This guide, a copy of which is contained in an annex to the Government’s report, identifies three main indicators of labour exploitation: (1) the duration of the working day; (2) the remuneration received; and (3) the work environment and working conditions, and explains how to fill in the report on labour exploitation indicators (Acta IEL). Where applicable, labour inspectors are required to report to the free helpline of the Ministry of Justice and Human Rights in order for the situation observed to be addressed as a matter of priority and, if necessary, request intervention by the security forces and judicial authorities. The Committee notes that several in-person and online activities have been organized to train labour inspectors on the use of these new tools. It notes that the labour inspectorate conducted 191,903 inspections in 2018, and 146,926 inspections in 2019, despite a reduction in staff numbers (342 inspectors in 2018 compared with 321 in 2019). The Committee also notes the detailed information provided by the Government on the work methods of the Special Unit for the Inspection of Irregular Work (UEFTI). The UEFTI carried out several monitoring exercises, including in collaboration with trade union organizations, which combined several sources of information such as: (1) the number of workers declared on the public registry of employers (REPSAL); (2) the number of workers officially covered by collective agreements concluded with enterprises in the agricultural sector (collective co-responsibility agreements (convenios de corresponsabilidad gremial)); (3) the regular production of an enterprise for a given period; and (4) the number of workers normally required to manage this workload. These inspection activities are mainly carried out in the agricultural sector and have also involved the use of video surveillance tools, such as drones and manual video devices, which are specially adapted for use in remote regions.

The Committee notes with interest the activities and new tools developed by the inspection services to identify situations involving labour exploitation. The Committee encourages the Government to pursue this course of action and to continue to take measures to strengthen the capacity for action and resources of the labour inspection services throughout the country, and in particular in the sectors in which the incidence of forced labour is well known, in order to identify situations involving labour exploitation, and particularly trafficking in persons for the purpose of labour exploitation, and to gather evidence, punish violations, and collaborate with other bodies responsible for enforcing the law.

Repression and imposition of penalties. The Committee notes the detailed information provided by the Government on the awareness-raising and training actions undertaken by the General Prosecution Service and by its special unit, PROTEX, with regard to repressing trafficking in persons. The Committee notes in particular that, in 2018 and 2019, several actions were aimed at ensuring training for judges and officials in the judicial field, as well as members of the security forces. The Committee also notes that PROTEX participated in different exchanges of best practices with Brazil in the context of a South–South cooperation programme among Brazil and Argentina, and other countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), implemented by the ILO. The Committee notes that, according to PROTEX’s 2020 report, the free helpline received 3,525 complaints in 2018 and 2019, of which 472 concerned cases of labour exploitation, and 82 per cent were submitted to the judicial authorities. Since 2012, a total of 20,719 complaints were received via the helpline. Furthermore, according to the statistical information provided by the Government, between 2018 and 2019, 125 legal proceedings were instituted in cases of trafficking (35 cases of trafficking for the purpose of labour exploitation and 83 for the purpose of sexual exploitation). For the same period, 85 convictions were handed down, of which 23 were in cases of labour exploitation and 59 were in cases of sexual exploitation. The Committee urges the Government to pursue its efforts to ensure that all identified cases of trafficking be subject to in-depth investigations with a view to prosecution, and to allow for the imposition of dissuasive penalties for persons engaged in trafficking. The Committee requests the Government to continue to provide information on the activities carried out by PROTEX, including on its collaboration with other bodies responsible for enforcing the law, and on the number of investigations and prosecutions carried out in cases of trafficking for the purpose of labour or sexual exploitation, and on the number of convictions handed down and penalties imposed.

Combating complicity and corruption in the police forces. The Committee notes that, according to the information communicated by PROTEX with the Government’s report, thanks to the reports received anonymously through the free helpline, 117 cases of complicity of law enforcement officials were identified in 2018 in cases of trafficking or labour exploitation, and 110 cases in 2019. However, due to the anonymity of the complainants and the sometimes-vague allegations in the majority of the complaints made, PROTEX indicates that it was only able to conduct investigations in 10 per cent of cases. One conviction for complicity was handed down against an official in 2019, and none in 2018. The Committee observes with concern the lack of more specific information from the Government with regard to the possible measures envisaged to put an end in practice to cases of corruption and complicity by law enforcement officials in cases of trafficking in persons, although only one conviction for complicity was handed down against an official, and the General Prosecution Service reported difficulties in this area. The Committee urges the Government to continue to take proactive measures to ensure that investigations are duly conducted in cases of corruption and the complicity of law enforcement officials, and that appropriate and dissuasive penalties are imposed. The Committee requests the Government to provide detailed information on the measures implemented for this purpose and their impact, and updated information on the number of cases registered and prosecuted, as well as the penalties imposed.

Protection and assistance to victims. The Committee notes that, according to the statistical information provided by the Government, between 2008 and 2022, assistance was provided for 18,220 victims of trafficking in persons (6,460 victims since 2018), of which 57 per cent were victims of labour exploitation, under the National Programme of Assistance and Support for Victims of Trafficking in Persons (Rescate). The Committee also notes the Government’s indication that, in the context of the implementation of the action plan to combat the trafficking and exploitation of persons for 2020–22, in addition to the psychological, medical and legal assistance already provided for victims of trafficking, a framework agreement was signed in August 2021, with a view to facilitating their access to housing (agreement signed between the Ministry of Territorial Development and Habitat and the executive committee to combat the trafficking and exploitation of persons and assistance to victims). Concerning the strengthening of resources dedicated to the assistance of victims of trafficking, the Committee welcomes the adoption of Act No. 27.508 of 23 July 2019 establishing direct assistance funds for trafficking victims, regulated by Decree No. 844/2019 of 6 December 2019, and financed through the confiscation and seizure of property derived from the offence of trafficking, in order to ensure adequate redress for victims of trafficking. The Committee requests the Government to provide information on the implementation of procedures aimed at allocating the amounts from the fines imposed and property seized, following the identification of offences in the area of trafficking in persons, to programmes and funds for the provision of assistance to victims, and to indicate the manner in which these resources are used. It also requests the Government to provide information on the assistance provided in this context and the number of victims of trafficking who have received this assistance.

2. Labour exploitation in the garment sector and in agriculture. The Committee notes that, in their respective observations, the CTA Autonomous and the CGT RA indicate that trafficking and labour exploitation of persons in the garment sector persist, particularly in sweatshops in the city of Buenos Aires. These organizations indicate that the victims are mainly migrant workers, in particular from Bolivia, and that, despite the lack of official statistical data, it is estimated that around 70 per cent of the products manufactured in the garment sector are of irregular origin. The CTA Autonomous and the CGT RA add that these workers often have their passport confiscated, have to work long hours while confined together in a small room, often without ventilation, and receive low pay. In this regard, the Committee notes that, according to the report published in 2020 by the PROTEX, out of the 38 complaints of trafficking for the purpose of labour exploitation received in the first six months of 2020, five concerned cases of exploitation in sweatshops in the southern province of the city of Buenos Aires.

Regarding the agricultural sector, the CTA Autonomous and the CGT RA refer to the significant number of victims of trafficking and labour exploitation in the agricultural sector identified in recent years, following several interventions carried out by the labour inspectorate, particularly in the provinces of Rio Negro, La Rioja, Corrientes, Santa Fe and Santiago del Estero. The CTA Autonomous indicates that these agricultural workers were often paid less than the minimum wage, worked long hours and lived and worked in dangerous, precarious and degrading conditions, slept in tents without access to drinking water. According to the CTA Autonomous, collaboration between trade union organizations and various competent State bodies made it possible to identify several cases of trafficking and labour exploitation in the agricultural sector, which quickly led to prosecutions before PROTEX and to the activation of victim protection and assistance mechanisms.

The Committee notes the Government’s indication in its report that a cooperation agreement was signed on 26 March 2019 between the Ministry of Labour and the National Register of Agricultural Workers and Employers (RENATRE), with a view to implementing joint inspection activities to identify undeclared work. It also refers to the work carried out to identify and disseminate the indicators of labour exploitation and child labour in the agricultural sector. The Committee notes that, according to PROTEX’s 2020 report, in the first six months of 2020, 47 per cent of the complaints received concerning cases of labour exploitation in the agricultural sector, of which seven cases required urgent intervention by security forces. Furthermore, between July 2020 and July 2021, the labour inspectorate services identified 26 cases of trafficking for the purpose of labour exploitation in the agricultural sector concerning 222 workers, following joint actions carried out with RENATRE and other trade union organizations.

The Committee notes with concern from the above information that there is still recourse to forced labour in the garment sector and in agriculture.

Referring to its comments above on strengthening the general institutional framework to combat trafficking in persons, the Committee requests the Government to step up the efforts to combat all forms of labour exploitation, including the trafficking of persons for the purpose of labour exploitation, in the garment sector and in agriculture, and to continue to provide information on the targeted measures taken in this regard, particularly in collaboration with workers’ and employers’ organizations.

The Committee is raising other matters in a request addressed directly to the Government.