Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE), and the International Trade Union Confederation (ITUC) received on 29 August and 1 September 2019, respectively. It also notes the detailed discussion which took place at the 108th Session of the Conference Committee on the Application of Standards in June 2019, concerning the application by the Lao People’s Democratic Republic of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

Articles 3(a) and (b) and 7(1) of the Convention. Worst forms of child labour and penalties. Trafficking and commercial sexual exploitation. The Committee previously noted the Government’s information that it was taking measures to implement the Anti-Human Trafficking Law of 2015, which imposes a sentence of 15 to 20 years of imprisonment for trafficking of children, in order to combat the trafficking and commercial sexual exploitation of children. The Committee also noted from the National Commission for the Advancement of Women and Mothers and Children (NCAW-MC), that the People’s Supreme Court recorded 264 cases involving trafficking of children in 2017. It further noted that the United Nations Committee on the Rights of the Child (CRC) expressed concern at the large number of cases of trafficking and sexual exploitation of children not leading to prosecutions or convictions, among other reasons because of traditional out-of-court settlements at the village level, corruption and the alleged complicity of law enforcement, judiciary and immigration officials. The Committee therefore urged the Government to take the necessary measures to ensure that, in practice, thorough investigations and prosecutions were carried out for persons who engaged in the trafficking of children including foreign nationals and state officials suspected of complicity, and that sufficiently effective and dissuasive sanctions were imposed.

The Committee notes that the Government representative of Lao, during the discussion at the Conference Committee, indicated that at the village level, the Child Community Protection Network has been established to make child protection services more accessible to communities, including for children at risk of being trafficked or sexually exploited.

The Committee notes that, in its conclusions adopted in June 2019, the Conference Committee urged the Government to continue to formulate and thereafter carry out specific measures targeted at eliminating the worst forms of child labour, including trafficking and commercial sexual exploitation of children, in consultation with the social partners. The Conference Committee also urged the Government to take measures as a matter of urgency to strengthen the capacity of the law enforcement authorities including the judiciary; and to establish a monitoring mechanism in order to follow-up on complaints filed, investigations carried out as well as to ensure an impartial process of prosecuting cases that takes into account the special requirements of child victims, such as protecting their identity and the ability to give evidence behind closed doors.

The Committee notes the observations of the IOE that the national system is lacking consistency and effectiveness to combat child trafficking and commercial sexual exploitation, leading to few investigations, prosecutions and convictions relating to cases of trafficking of children for exploitation. The Committee also notes the observations of the ITUC that it is concerned at the absence of concrete steps taken by the Government to combat in practice the incidence of child trafficking and exploitation. It deplores the lack of results obtained so far in adequately investigating, prosecuting and convicting those responsible for child trafficking and states that stronger enforcement measures are needed in this regard.

The Committee notes the Government’s information, in its report, that according to the data of the National Anti-trafficking Committee, in 2018, law enforcement officers have investigated and prosecuted 39 cases of trafficking in persons, including 26 new cases, involving 64 victims among which 24 were under 18 years of age. The Government also indicates that it will immediately build the technical capacities of law enforcement officials and judicial bodies to allow them to perform their duties with transparency, impartiality and effectiveness.

The Committee observes that, according to the report of the United Nations Special Rapporteur on the sale and sexual exploitation of children of January 2019 on her visit to the Lao People’s Democratic Republic, the sexual exploitation of children, mainly girls, by both locals and foreigners, is an issue of concern in the country, happening in places such as casinos, bars and brothels, with the complicity of the authorities in some instances. It indicates that the sale and trafficking of children for sexual and labour exploitation, both internally and externally, including to Thailand, is also an issue of utmost concern in the country (A/HRC/40/51/Add.1, paragraphs 9, 10, 11 and 17). The Special Rapporteur also states that the lack of accountability for the perpetrators of trafficking in children and of enforcement of the existing legal frameworks impedes the prevention of sale and sexual exploitation of children. Moreover, the participation of the authorities in the trafficking rings and criminal networks, as well as the impunity of perpetrators are some of the main issues of concern relating to cross-border trafficking with Thailand (A/HRC/40/51/Add.1, paragraphs 25, 37 and 44).

While noting some measures taken by the Government to prosecute a certain number of cases of trafficking in persons, including children, the Committee notes an absence of information on the convictions or penalties applied, as well as an absence of information on prosecutions, convictions and penalties applied to child sex tourists.The Committee therefore urges the Government to strengthen its efforts to combat the trafficking and commercial sexual exploitation of children, by ensuring that traffickers, including complicit officials, as well as child sex tourists, are held accountable, through thorough investigations and prosecutions, as well as through the imposition of sufficiently effective and dissuasive penalties. It requests the Government to provide information on the application of the relevant provisions of the Anti-Human Trafficking Law in practice, indicating in particular the number of investigations, prosecutions, convictions and penal sanctions applied for the offences of trafficking and commercial sexual exploitation of persons under 18 years of age.

Article 7(2). Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing assistance for the removal of children from such labour. Trafficking and commercial sexual exploitation of children. The Committee previously requested the Government to pursue its efforts to ensure that child victims of trafficking were provided with appropriate services for their repatriation, rehabilitation and social integration. The Committee also urged the Government to take effective and time-bound measures to protect children from becoming victims of commercial sexual exploitation in the tourism sector.

The Committee notes that, in its conclusion of June 2019, the Conference Committee urged the Government to take immediate and time-bound measures, together with the social partners, to protect children from falling victim to commercial sexual exploitation, including through the implementation of programmes to educate vulnerable children and communities about the dangers of trafficking and exploitation, with a focus on preventing children from being trafficked and being subject to commercial sexual exploitation, and through the establishment of centres to rehabilitate child victims and reintegrate them into society.

The Committee notes that, in its observations, the IOE calls upon the Government to implement effective measures, in consultation with employers and workers, to protect children from becoming victims of commercial sexual exploitation, targeting places where the incidence of such abuse and exploitation is said to be high. It also states that action should be taken to mobilize business groups within the tourism industry such as hotels, tour operators and taxi drivers, and to monitor more closely tourists and visitors. The Committee also notes the observations of the ITUC that it is seriously concerned that the absence of government investment in rehabilitation and education of victims of sexual exploitation and trafficking of children makes victims vulnerable to re-trafficking.

The Committee notes the Government’s indication that it has conducted various awareness-raising events in several provinces in 2018 and 2019 to promote the prevention of and protection from commercial sexual exploitation of children, focusing inter alia on the tourism sector. The Government also indicates that, from 2014 to 2016, the National Commission for the Advancement of Women and Mothers and Children, together with the Ministry of Labour and Social Welfare (MLSW), provided assistance to 164 women and children victims of trafficking who were repatriated, as well as provided scholarships, vocational training, and counselling and medical services. The Government further indicates that, since 2006, the Centre for Counselling and Protection of Women and Children of the Lao Women’s Union has provided 150 child victims of trafficking with accommodation and legal, medical, educational and vocational referrals. The Government specifies that four centres provide assistance to trafficking victims. It also states that, within the framework of the Memorandum of Understanding with Thailand, the Government will build a social development centre in Vientiane to provide victims of trafficking with medical services and vocational training.While taking note of the efforts being made by the Government, the Committee requests it to redouble its efforts to prevent children under 18 years of age from becoming victims of trafficking as well as commercial sexual exploitation in the tourism sector and to supply information on the measures taken in this regard. It also requests the Government to continue to take the necessary measures to provide child victims of trafficking and commercial sexual exploitation with appropriate services for their rehabilitation and social integration, and to continue to supply information on the measures taken in this regard, including the number of child victims of trafficking and commercial sexual exploitation who have been removed and provided with support and assistance.