Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (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 notes an absence of information on this point in the Government’s report. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 8 April 2011, 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 (CRC/C/LAO/CO/2, paragraph 67). It also notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 13 April 2012, expressed concern that human trafficking remained a serious problem (CERD/C/LAO/CO/16-18, paragraph 13). The Committee urges the Government to strengthen 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, in its next report, on the application in practice of 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.

Freedom of civil service employees to terminate employment. The Committee notes 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 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 has 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 observes that no penal sanction for the exaction of forced labour seems to be provided for in the law. The Committee notes that it already raised this point in its previous comments. 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 take measures to ensure that adequate penalties are provided for persons who impose forced or compulsory labour, as requested by Article 25 of the Convention.