Forced Labour Convention, 1930 (No. 29) - Honduras (RATIFICATION: 1957)

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The Committee notes the observations of the Honduran National Business Council (COHEP), received on 30 August 2022.

Articles 1(1) and 2(1) of the Convention. Vulnerability of persons displaced by reason of forced labour. In previous comments, the Committee requested the Government to provide information on the measures adopted to protect persons displaced by reason of violence in relation to the risk of forced labour. The Committee takes due note of the Government’s indication in its report of the creation of the General Directorate for the Protection of Persons Internally Displaced by Reason of Violence (DIPPDIV) within the Human Rights Secretariat. The DIPPDIV provides training for public employees on the human rights of displaced persons and provides technical assistance to local government authorities for the implementation of municipal response mechanisms to forced displacement. In 2019 and 2020, the DIPPDIV also implemented a project to identify and respond to the immediate needs of persons subject to forced displacement. The Committee notes that, in its 2022 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women expressed concern at the forced displacement of indigenous women and girls and their labour exploitation in the context of development projects on indigenous lands (CEDAW/C/HND/CO/9). The Committee requests the Government to provide information on the activities undertaken by the General Directorate for the Protection of Persons Internally Displaced by Reason of Violence (DIPPDIV) and by municipal authorities to protect internally displaced persons and provide them with assistance with a view to preventing them from becoming victims of forced labour. In this regard, it requests the Government to provide information on the specific measures adopted for the protection of displaced indigenous women. In view of the importance of the availability of information on the scope and characteristics of internal displacement by reason of violence, in order to provide better guidance for measures to prevent forced labour in this context, the Committee requests the Government to provide the data compiled by the DIPPDIV on this subject.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Plan of action. In reply to its previous comments, the Committee notes the detailed information provided by the Government on the activities undertaken by the Inter-Institutional Commission against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) in the context of the implementation of the Strategic Plan to Combat the Commercial Sexual Exploitation and Trafficking of Persons in Honduras 2016–22, with particular reference to workshops, training, exchanges of experience on trafficking in persons and information materials in the Misquito and Garifuna languages. Between 2018 and 2021, a total of 135,359 people were trained on this subject.

The Committee welcomes the publication of annual reports by the CICESCT containing detailed information on the measures adopted to combat trafficking in persons and their principal results. The 2021 CICESCT national report refers to capacity-building and training activities for key persons in the prevention and action to combat trafficking in persons, such as the staff of protection centres, education professionals, members of local committees, community leaders and personnel in the health, migration and justice services, among others. Awareness-raising activities were also carried out targeting vulnerable groups, including girls, boys, students, women, persons with disabilities, the indigenous population, migrants and the LGTBI population. The CICESCT report focuses, among the principal challenges, on the development and approval of the second Strategic Plan for the next five years and the need to establish a mechanism to enable municipal governments to take over the coordination of action at the local level. In its observations, the COHEP refers to the budgetary and logistical limitations of the CICESCT in the discharge of its functions and recommends the allocation of resources for the development of an information system on trafficking in persons.

The Committee encourages the Government to continue taking the necessary measures to strengthen the capacities of the Inter-Institutional Commission against Commercial Sexual Exploitation and Trafficking in Persons, including at the financial and logistical levels, so that it can continue to fulfil its functions. It requests the Government to provide information on: (i) the adoption of the second Strategic Plan to Combat Commercial Sexual Exploitation and Trafficking in Persons, based on the findings and recommendations of the CICESCT report and the contributions made by the various actors involved; and (ii) the measures adopted to strengthen the participation of municipal authorities in the implementation of action to prevent and combat trafficking in persons.

2. Investigation and prosecution. With reference to the investigations and judicial proceedings initiated in cases of trafficking in persons for sexual or labour exploitation, the Committee notes the Government’s indication that during the period 2018–21 there were 304 complaints and 91 sentences were handed down for the crimes of trafficking in persons and commercial sexual exploitation. The penalties imposed by the courts vary between sentences of imprisonment for between three and 21 years, as well as the removal of other rights. The Government indicates that the judicial proceedings for these cases differ in each instance depending on their specific characteristics and complexity, and that there is therefore no direct correlation between the number of complaints, the cases prosecuted and the sentences handed down. It adds that, under the terms of section 40 of the Act to combat trafficking in persons, which provides for the right of victims to the restoration of their rights, the Immediate Response Team (responsible for identifying and providing assistance to victims), together with the CICESCT, is continuing to follow judicial proceedings with a view to seeking compensation, at the request of the victims. However, in most cases, victims indicate that they do not wish to follow up the prosecution as it generates anxiety and stress for them. With specific reference to the identification of cases of trafficking for labour exploitation, the Government indicates that the Secretariat of Labour and Social Security has developed training tools and operational procedures for labour inspectors to identify, address and denounce the crime of trafficking in persons.

The Committee notes the COHEP’s indication that, although Honduras is one of the most advanced countries in the region in the prosecution of crimes of trafficking in persons, it is important to continue strengthening capacities and specialization in the prosecution of these crimes and to avoid belated investigations. It emphasizes the importance of promoting the creation of courts that are specialized in trafficking in persons and of strengthening the specialized units of the Office of the Public Prosecutor and the national police.

The Committee requests the Government to continue to provide information on the measures adopted to strengthen the capacity of the labour inspection services, the police and the justice system to identify and investigate cases of trafficking in persons, and for their prosecution, with an indication of the challenges encountered by these institutions and the progress achieved. It requests the Government to continue to provide information on the investigations carried out, the prosecutions initiated and the penalties imposed in cases of trafficking for both sexual and labour exploitation.

3. Protection of victims. The Committee notes that, according to the 2021 CICESCT national report, a total of 101 victims of trafficking in persons and sexual exploitation were rescued (20 were rescued abroad and 81 within the national territory). It notes that the Immediate Response Team is continuing to take action for the protection of victims with three objectives: (i) promoting the development of institutional management and inter-institutional coordination mechanisms for the detection and identification of victims; (ii) strengthening the capacities of the institutions responsible for the protection of victims; and (iii) strengthening protection and assistance mechanisms for the comprehensive care of victims. The primary care measures provided to victims during the first 72 hours include medical and psychosocial care, legal assistance, food and housing. After the first 72 hours, secondary care measures are provided with the aim of supporting victims in the longer term, and include issuing temporary residence permits for foreign nationals, repatriation or refuge, study and work opportunities, reintegration and the restoration of their rights. In 2021, the Immediate Response Team provided 25,000 services to victims and their families. The Government emphasizes that the interventions of the Immediate Response Team and the CICESCT focus on victims, their families and in some cases their community with a view to ensuring the reduction of risk and vulnerability factors, and the achievement of the basic conditions for their reintegration. With reference to the Victim Care Fund, the Government indicates that is it one of the major challenges because it still does not have a budget for its operation. The Committee encourages the Government to continue to take measures for the provision of protection and assistance to victims, and in this regard requests the Government to indicate the measures adopted for the allocation of resources to the Victim Care Fund. It also requests the Government to continue to provide updated information on the number of victims of trafficking in persons who have been rescued and reintegrated.

Article 25. Application of penal sanctions in the case of other forced labour practices. The Committee previously welcomed the criminalization in the 2019 Penal Code of the crime of slavery, including sexual slavery and forced prostitution (section 139), exploitation under conditions of slavery or servitude (section 221) and unlawful labour exploitation (section 292). The Committee notes that in 2021 the Unit to Combat People Smuggling, Commercial Sexual Exploitation and Trafficking in Persons of the Office of the Public Prosecutor issued an indictment for the crime of exploitation under conditions of servitude combined with the crime of unlawful labour exploitation, and other related crimes. The Government adds that better knowledge of these crimes by the population is still necessary so that they can be denounced. The Committee once again requests the Government to provide information on the measures adopted to improve knowledge of the crimes set out in sections 139, 221 and 292 of the Penal Code among labour inspectors, the police, prosecutors and magistrates, and to raise the awareness of society concerning the practices involved in these crimes. It requests the Government to continue to provide information on the investigations initiated, judicial proceedings, rulings and sentences imposed under these penal provisions.

Article 2(2)(c). 1. Prison labour for private enterprises. The Committee recalls that, under the terms of the national legislation regulating the prison system, prison labour is compulsory and may be contracted out to private individuals or entities (section 75 of the Act of 2012 respecting the national prison system and section 5 of the Act of 2015 respecting work by detainees and the imprisonment of highly dangerous and aggressive persons). Having previously noted the Government’s indication concerning the existence of oral agreements between private enterprises and detainees for the performance of work, the Committee requested the Government to specify the manner in which detainees give their consent to work for private enterprises.

The Committee notes the Government’s indication that there is currently no agreement between the National Prison Institute and private enterprises for the performance of commercial activities in prisons. There is only a contract awarded to a private enterprise for the provision of tortillas, which are prepared by detainees for the enterprise. The Government adds that no consultations or surveys have been carried out to identify the interest of detainees in engaging in this type of work.

The Committee recalls that for prison work performed for private enterprises to be in conformity with the Convention, the prisoners concerned have to give their free, formal and informed consent. Moreover, the work has to be carried out under conditions which approximate those of a free labour relationship, as provided in the national prison legislation.

The Committee requests the Government to indicate the manner in which in practice prisoners who work for private enterprises in prisons provide their free, formal and informed consent to the work. In this regard, it requests the Government to indicate whether in future prisons are planning to conclude contracts with private enterprises for the use of prison labour and the conditions of such contracts.

2. Sentences of community service. The Committee notes the Government’s indication that there are no agreements with private enterprises for the performance of sentences of community service by prisoners, as envisaged in section 50 of the Penal Code.

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The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2018 and supported by the International Organisation of Employers (IOE), as well as the Government’s response to these observations.

Articles 1(1), 2(1) and 25 of the Convention. 1. Reinforcement of the legal framework to combat the various forced labour practices. The Committee notes the adoption of a new Penal Code, through Decree No. 130-2017 of 31 January 2019, which entered into force on 10 November 2019. The Committee notes that, under the terms of section 139, slavery, sexual slavery and forced prostitution are crimes against humanity. Sections 219, 221 and 292 define the elements that constitute the crimes of trafficking in persons, exploitation under conditions of slavery and servitude and the exploitation of work, and establishes the applicable penalties. The Committee notes with interest the adoption of all these provisions, which reinforce the legal framework for action to combat the various practices covered by the definition of forced labour. The Committee requests the Government to provide information on the measures taken to raise the awareness of the law enforcement authorities concerning these new provisions with a view to facilitating the identification of victims and punishing those responsible for such crimes. The Committee asks, in particular, for information on the repression of the crime of exploitation of work, under the terms of which any person who by means of deceit or abuse of a situation of need prejudices, restricts or fails to recognize the legally established rights of workers shall be liable to a sentence of imprisonment.

2. Trafficking in persons. In its previous comments, the Committee welcomed the strengthening of the national legal framework to combat trafficking in persons through the adoption of Decree No. 59-2012 (the Act against trafficking in persons), as well as the institutional framework, particularly with the launching of the Inter-Institutional Commission against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) and the establishment of the immediate response team (ERI), which is responsible for identifying victims and providing them with assistance. Noting that a National Plan of Action against Commercial Sexual Exploitation and Trafficking in Persons was under preparation, the Committee requested information on the measures taken in this context with a view to prevention, the protection of victims and the reinforcement of the capacities of the prosecution services.

Institutional framework. In its report, the Government indicates that the Strategic Plan to Combat Commercial Sexual Exploitation and Trafficking in Persons in Honduras (2016–22), adopted in December 2016, establishes objectives for coordination, prevention, assistance to victims, prosecutions and the penalization of crimes. It adds that the budget of the CICESCT was increased for 2017 so that the Commission would have adequate personnel and material and logistical resources to fulfil its functions effectively. This increase made it possible for the CICESCT to reinforce its action in the fields of prevention and assistance to victims through the immediate response team. With regard to the implementation of the National Plan of Action, local CICESCT committees ensure the implementation of local plans which take into account regional characteristics. The Government observes that, through the work of the CICESCT, the roles and responsibilities of the various institutions have been determined more precisely, which has made it possible to considerably improve coordination, optimize the use of resources and respond more effectively to the problem of trafficking in persons. The Committee also notes that a final evaluation of the implementation of the National Plan is envisaged, following which the results achieved will be analysed and technical and financial recommendations made with a view to the preparation of the next strategic plan. The Committee notes in this respect that, in their joint observations, the COHEP and the IOE indicate that an evaluation conducted by the CICESCT shows that the implementation of the Act against trafficking in persons was assessed positively and that a series of recommendations and opportunities for improvement have been issued. The Committee hopes that the Government will be able to continue to reinforce the role of the CICESCT so that it can ensure that the various components of the Strategic Plan to Combat Commercial Sexual Exploitation and Trafficking in Persons in Honduras (2016–22) are implemented. The Committee requests the Government to provide detailed information on this subject. Please also provide information on the final evaluation of the implementation of the Plan, the results achieved, the difficulties encountered and the measures taken or envisaged to overcome them.

Protection of victims. With regard to the protection of victims, the Government indicates that they have received full assistance. The Committee notes the information relating to primary assistance, provided during the 72 hours following the identification of victims and intended to meet their urgent and basic needs; secondary assistance, provided within the framework of a medium- and long-term support process until the situation of the victims and their conditions have improved; and the assistance provided to Honduran nationals abroad. For example, victims can benefit from micro-credits to create small enterprises as a means of obtaining an income. The immediate response team coordinates the provision of this assistance and, in December 2016, a protocol for action by the immediate response team was adopted setting out procedures to be followed to coordinate the action taken for the provision of full protection. The Committee requests the Government to continue taking the necessary measures to enable the immediate response team to provide to victims of trafficking the primary and secondary assistance set out in the Act against trafficking in persons. Please provide detailed information on this subject. The Committee also requests the Government to indicate whether the victim protection fund envisaged in section 20 of the Act has been established.

Sanctions. The Committee notes the information on complaints, investigations and prosecutions initiated in 2016 on cases of trafficking in persons and sexual exploitation. It notes that during that period, 49 complaints were lodged, 30 persons were brought before the courts and eight were convicted and given sentences of imprisonment of between 11 and 18 years. The Committee notes that in their joint observations the COHEP and the IOE refer, among the obstacles faced by the authorities, to the lack of a budget for preventive action to raise awareness of and the visibility of the crime of trafficking in persons. The Committee requests the Government to continue providing information on the investigations conducted, prosecutions and sanctions imposed in cases of trafficking for sexual and labour exploitation. It once again requests the Government to specify the manner in which, in the context of these procedures, identified victims receive compensation for the damage suffered (section 40 of the Act against trafficking in persons). Further noting that the cases only concern trafficking for sexual exploitation, the Committee requests the Government to indicate the measures adopted to reinforce the capacities of the authorities to identify situations of trafficking in persons for labour exploitation so as to encourage the gathering of evidence and the initiation of judicial procedures.

3. Vulnerability of displaced persons and the risk of forced labour. The Committee notes the 2016 report of the United Nations Special Rapporteur on the human rights of internally displaced persons on his mission to Honduras. It notes that the Special Rapporteur analyses the issue of internal displacement induced by violence and the criminality of organized gangs. Faced with violence or threats of violence, families are forced to leave their homes with no hope of returning. The Special Rapporteur emphasizes that internal displacement is a precursor to migration, as there is no viable solution for the victims of such displacement that would offer them safety, security and a means of subsistence in Honduras. Many migrants enter an ever deteriorating cycle of migrant exploitation and increased vulnerability as their resources and options dwindle (A/HRC/32/35/Add.4, 5 April 2016, paragraph 79). The Committee notes that, in his report on the human rights situation in Honduras in 2016 and 2017, the Secretary of State for Human Rights, Justice, Governance and Decentralization indicates that Honduras has recognized, through the establishment in 2013 of the Inter-Institutional Commission for the Protection of Persons Displaced by Violence, that internal displacement is a consequence of violence. According to his report, the Department for the Protection of Persons Displaced by Violence was created in 2017 and will function as the operational body of the Inter-Institutional Commission as from 2018. The Committee requests the Government to provide information on the measures taken to protect displaced persons and to raise their awareness of the risk of exploitation and forced labour to which migration may give rise, which is compounded by the situation of vulnerability of the persons concerned.

Article 2(2)(c). 1. Prison labour for private entities. The Committee notes that, under the terms of the prison regulations (the Act respecting the national prison system and its implementing regulations, Decree No. 64-2012 of 3 December 2012 and Executive Decision No. 322-2014 of 12 March 2015), prison work can take on different forms, including work assigned by private law individuals or associations within the prison. In general, work has to be carried out inside the prison and supervised by prison staff, and prisoners who work enjoy the same rights as free workers (sections 170, 171, 177 and 179). The Committee previously requested the Government to indicate whether contracts had been concluded between prisons and private entities so that the latter can carry out commercial activities inside prisons using prison labour.

The Government indicates, with regard to work by prisoners for private entities that, at present, there are only oral agreements between private enterprises and detainees, as the agreements between the National Prison Institute and private enterprises have not yet entered into force. The agreements are currently being reviewed prior to their signature. The work performed by prisoners for private enterprises includes cutting and sanding wood and the manufacture of furniture. With regard to consent to perform the work, the Government indicates that prisoners participate in work at their own initiative or after being identified by officials of the National Prison Institute through interviews and evaluations.

The Committee notes this information and requests the Government to provide copies of any agreements signed by the National Prison Institute and private enterprises with a view to the development of commercial activities in prisons. Please specify the manner in which detainees indicate their interest in working within the framework of this public–private partnership, and how they are informed of the conditions of work and wages proposed, and how their acceptance of these conditions is obtained.

2. Sentences of community service. The Committee notes that section 50 of the Penal Code establishes the penalty of the performance of community service or services for victims, which consists of the requirement to perform community services free-of-charge that are related to the crime committed. Community service or services for victims cannot be imposed without the consent of the convicted person. Such services are facilitated by the public administration, which may conclude agreements for that purpose (section 50 of the Penal Code). The Committee requests the Government to indicate whether agreements have been concluded for the implementation of sentences of community service, to specify the entities with which such agreements have been concluded and to provide examples of the types of work or services performed in this context.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the adoption of the Act against trafficking in persons (Decree No. 59-2012) strengthens the legislative and institutional framework to combat trafficking in persons, and asked the Government to provide information on the measures taken to implement the various components of the Act. The Government refers in its report to the following:

• -in September 2014, the allocation of an operating budget to the Inter-institutional Committee against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), mandate of which is to promote, coordinate and evaluate activities for preventing and combating trafficking. In order to be able to take action throughout the country, 11 local committees have been established and awareness raising and training have been conducted for 480 inter-institutional stakeholders, with a view to formulating and implementing local intervention plans in the areas of prevention, protection of victims and prosecution of perpetrators;
• -establishment of the immediate response team (ERI), which is responsible for identifying victims, providing them with assistance and referring the cases in question to the competent authorities. The ERI administers the freephone number which can be used for reporting cases of trafficking;
• -development of a national system to register the information sent periodically by the CICESCT member institutions, with a view to having quantitative and qualitative data on trafficking in persons;
• -formulation of a National Plan of Action against Commercial Sexual Exploitation and Trafficking in Persons (2015–20);
• -provision of assistance to victims through, and in coordination with, civil society organizations in so far as there are no national programmes for this purpose;
• -reinforcement of the unit in the Public Prosecution Service responsible for combating commercial sexual exploitation and trafficking in persons. Between 2010 and 2015, a total of 25 cases have been investigated, 19 court proceedings instituted and five court rulings handed down.

The Committee hopes that: (i) the National Plan of Action against Commercial Sexual Exploitation and Trafficking in Persons will be adopted in the very near future and will establish specific measures for prevention, for the protection of victims and for strengthening the capacities of the prosecuting authorities; (ii) that it will set specific objectives to be achieved; and (iii) that it will be provided with the necessary resources. Please indicate the measures taken to implement the National Plan of Action and to evaluate its impact and effectiveness. Noting the absence of a victim protection programme or of public centres to assist victims, the Committee requests the Government to take the necessary steps to ensure that victims receive protection and have access to justice. Please also indicate whether, in accordance with section 20 of the 2012 Act against trafficking in persons, the victim protection fund has been established and whether, in accordance with section 40, the victims identified have received compensation for the harm they have suffered. Lastly, the Committee requests the Government to provide statistics on the investigations carried out, the legal proceedings initiated and the penalties imposed, indicating any obstacles encountered by the authorities and any steps taken to overcome them.

Article 2(2)(c). Prison labour. In its previous comments, the Committee asked the Government to provide information on the legal regime applicable to prison labour. The Government refers to the adoption of the Act concerning the national prison system (Decree No. 64-2012 of 3 December 2012), sections 75–82 of which regulate work by prisoners, and also to Chapter XI of the regulations implementing the Act (Executive Decision No. 322-2014 of 12 March 2015). The Committee notes that prison work, which constitutes both a right and a duty, can assume different forms: work coordinated and implemented by the prison services, work in the general interest, work assigned by private law individuals or associations within the prison, or other forms. Under all these arrangements, the work must be carried out inside the prison and supervised by prison staff (sections 76 and 77 of the Act). The sentence enforcement court ensures that prisoners are not victims of abuse or exploitation. Moreover, the implementing regulations provide that working prisoners shall enjoy the same rights as free workers, in particular, pay corresponding to the minimum wage in force, limits on weekly hours of work and the right to annual holidays (sections 170, 171, 177 and 179). The Committee requests the Government to indicate whether, in practice, contracts have been concluded between prisons and private entities so that the latter can carry out commercial activities inside prisons using prison labour. If so, the Committee requests the Government to indicate how it is ensured in practice that prisoners give their free and informed consent to perform work for these private entities.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the extent of the phenomenon of trafficking in persons in Honduras and on the judicial proceedings carried out under section 149 of the Penal Code which made the offence of trafficking in persons for the purpose of sexual exploitation punishable with imprisonment of between eight and 13 years. Noting that the penal legislation did not cover trafficking in persons for the purposes of labour exploitation, the Committee also requested the Government to specify the measures taken or envisaged to supplement the legislation.

In its latest report, the Government states that it is unable to provide information on the trafficking of persons given that, in accordance with section 610 of the Labour Code, it is the general labour inspectorate’s responsibility to only monitor compliance with legal provisions concerning labour and social protection. The Committee recalls that it is up to the Government to ensure that the necessary information is communicated to the Office, if necessary by requesting the various governmental, legislative or judicial authorities concerned to provide this, so that the Committee might be in a position to examine the way in which the Convention is applied.

The Committee has nevertheless taken note of the adoption of the Act against the trafficking of persons (Decree No. 59-2012) on 30 May 2012, which criminalizes trafficking in persons and provides for penalties ranging from ten and 15 years imprisonment. The Committee notes with interest that this Act strengthens the legislative and institutional framework for combating trafficking in persons. The definition of trafficking now includes not only trafficking for the purpose of sexual exploitation but also trafficking for the purpose of forced labour. Furthermore, the Act provides for the establishment of the Inter Institutional Committee against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT), whose mandate is to promote, coordinate and assess activities aimed at preventing and eradicating the various forms of trafficking in persons as well as protecting the victims, through the management and implementation of specific public policies. The Act also provides for: the establishment of an immediate response team to interview the victims and recommend the measures of protection they should be granted; a national information system on trafficking in persons that would compile and analyse information on the characteristics and extent of the phenomenon of trafficking in Honduras; and a fund for the protection and rehabilitation of victims. Finally, the Committee notes that the Act contains a chapter devoted to the victims’ protection, which lists the care that they should receive as well as the various rights to which they are entitled, such as, for example, the right to remain on the national territory, the entitlement to full compensation for the damage suffered, the right of protection during the trial, and the right to free legal assistance.

The Committee requests the Government to provide detailed information on the measures taken to implement the various components of the new Act against trafficking in persons. It would particularly like the Government to indicate whether the various bodies provided for under the Act have been established, in particular the CICESCT, the immediate response team, and the national information system. As regards the CICESCT, the Government is requested to submit information on the various annual action plans that have been adopted, the objectives established and the results obtained. Finally, the Committee would like the Government to communicate information on the way in which the competent authorities guarantee the protection of victims, facilitate their access to justice and guarantee compensation for the harm they have suffered. It is also requested to provide statistics on the surveys carried out, the legal proceedings initiated the rulings handed down and the penalties applied on the basis of the new Act.

Article 2(2)(c). Prison work. The Committee notes that, according to the National Congress’s website, a Prisons Bill is under discussion and had its first reading in April 2012. The Committee requests the Government to provide a copy of the Prisons Act once it has been adopted. The Committee requests the Government to indicate whether this Bill still allows for the imposition of compulsory work to persons sentenced to prison. The Government is also requested to specify whether the Bill retains the provisions of section 51 of the Act for the rehabilitation of offenders (Decree No. 173-84), under which prisoners may, under no condition, work for private entities.

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Article 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that the Government has not provided any information on the judicial proceedings carried out under section 149 of the Penal Code, which makes trafficking in persons for the purpose of commercial sexual exploitation liable to terms of imprisonment of between eight to 13 years. The Committee nevertheless notes that, in its observations on the application of the Convention by Honduras, the Honduran National Business Council (COHEP) has submitted information on this matter. The COHEP points out, as did the Committee of Experts, that section 149 of the Penal Code only mentions trafficking in persons for the purpose of sexual exploitation and does not make a reference to trafficking for the purpose of forced labour or service. Referring to the data published by the Public Prosecutor, the COHEP notes that the first complaints for this crime were registered from 2007 onwards (less than a dozen complaints for 2007, 2008 and 2009). Furthermore, the organization refers to the legislation in force on migration and foreigners that provides for the possibility of granting special residence permits, for a maximum duration of five years, as long as requested, on justified grounds, particularly humanitarian reasons, to the General Directorate of Migrations and Foreigners. It also refers to the Act protecting witnesses participating in criminal proceedings.

The Committee requests the Government once again to provide information on the application in practice of section 149 of the Penal Code and on the extent of the phenomenon of trafficking in persons in Honduras, and to describe its characteristics. The Government is also asked to submit information on the difficulties encountered by the public authorities in preventing and combating trafficking in persons and in identifying the victims. Recalling that the penal legislation does not cover trafficking in persons for the purposes of exploitation of their work, the Committee requests the Government to specify the measures taken or envisaged to supplement the legislation. The Government is also asked to provide information on how the competent authorities guarantee the protection of victims, specifying the number of victims granted a special residence permit and the number of those who have accepted to participate in judicial proceedings. Finally, the Committee requests the Government to send information on the legal rulings handed down applying section 149 of the Penal Code. Please also indicate whether the courts have had recourse to section 153 of the Penal Code, under which those convicted of commercial sexual exploitation are responsible for the expenses relating to the victim’s medical and psychological treatment and to his or her occupational reintegration, and are obliged to compensate the victims for the general and material damages incurred.

Article 2(2)(c). Sentence of community work. Referring to its previous comments, the Committee notes the information provided by the Government in its last report on how sentences of community work are carried out. It specifically notes that these sentences can only be handed down by the judiciary and that, according to the list of establishments provided by the Government, the work is only carried out for public entities.

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The Committee notes the Government’s report, as well as comments made by the Council of Private Enterprises of Honduras (COHEP) concerning the application of the Convention.

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes the adoption of Decree No. 234-2005 on the amendment of the Penal Code. Section 149 of the Code punishes trafficking in persons for the purpose of commercial sexual exploitation with penalties of imprisonment of eight up to 13 years. The Committee requests the Government to supply information on the application of section 149 of the Penal Code in practice, indicating, in particular, the number of judicial proceedings which have been instituted and the penalties imposed. The Committee also asks the Government to indicate national legislative provisions punishing trafficking in persons for the purpose of exploitation of their labour.

Article 2(2)(c). Sentence of community work. The Committee notes the national legislative provisions concerning a sentence of community work. It observes that the legislation provides for the imposition of community work in three cases:

n      Community work as a sanction alternative to a fine (section 53 of the Penal Code, as amended by Decree No. 110-2005). According to this provision, conditions and duration of community work shall be determined by the judge responsible for the execution of sentences in the course of a verbal hearing, in the presence of a prosecutor and taking into account the place of abode of the convicted person’s family, his/her occupational skills and the minimum wages level established by the State.

n      Community services imposed as a sanction for domestic violence for a term of one month up to one year (section 7 of the Law against domestic violence).

n      Compulsory community work as a correctional measure (section 128(9) of the Law on Police and Public Tranquillity).

The Committee recalls that, in order to be compatible with the Convention, work shall be imposed only as a consequence of a conviction in a court of law and shall be performed for the benefit of the State. It thus shall be performed for a public institution or a private non-profit-making entity.

The Committee requests the Government to indicate the authority which can impose a sanction of community work as a correctional measure provided for in section 128(9) of the Law on Police and Public Tranquillity, the conditions in which such work can be performed and institutions for which it may be carried out. Please also provide information on the conditions in which community service is performed as a sanction provided for in section 7 of the Law against domestic violence, as well as the condition in which community work is performed as a sanction alternative to a fine, as provided for in section 53 of the Penal Code. Please also provide a list of public institutions and private entities in which such sanctions can be executed.

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With reference to the comments it has been making for some years concerning the non-military work that conscripts can be required to perform during their compulsory national service, the Committee notes with satisfaction that article 276 of the national Constitution has been amended and, in its new form, provides that, in time of peace, military service shall be voluntary.

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Article 2, paragraph 2(a) and (d), of the Convention. In the comments it has been making for some years, the Committee has referred to the situation concerning the non-military work that conscripts can be required to perform. Article 274 of the Constitution of the Republic (formerly article 320) provides that the armed forces shall cooperate with the executive branch in the fields of literacy campaigns, education, agriculture, conservation of natural resources, road construction, communications, health, land reform and in emergency activities. The Committee asked the Government to adopt the necessary measures to ensure that conscripts may be called upon to perform only work or services of a purely military character, except in cases of emergency, in conformity with Article 2, paragraph 2(a) and (d) of the Convention.

The Committee had noted that a draft executive decree had been prepared to amend the regulations issued under the Military Service Act, which provides that conscripts performing their military service shall be required to undergo only such training and preparation as is necessary for the proper performance of exclusively military duties, in conformity with the provisions of Article 2 of Convention No. 29 of the International Labour Organization.

The Committee had observed that an executive decree, inferior in rank to the above-mentioned provision of the Constitution, did not appear to ensure observance of the Convention in this respect.

The Committee hopes that the Government will take the necessary measures to provide explicitly that non-military work can be exacted from persons performing compulsory military service only in cases of force majeure.

The Government is requested to indicate the progress made in this regard.

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In previous direct requests, the Committee asked the Government to provide the regulations issued to give effect to the Act respecting military organisation, with particular reference to those establishing the conditions governing resignation from the service.

The Committee also requested a copy of the Penal Code, enacted on 23 August 1983, which has been in force since 24 August 1984.

The Committee notes that the above-mentioned texts were not enclosed with the Government's report. It hopes that they will be transmitted with the next report.

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Article 2, paragraph 2(a), of the Convention. In the comments it has making for some years, the Committee has referred to the situation concerning the non-military work that conscripts can be required to perform. Article 274 of the Constitution of the Republic (formerly article 320) provides that the armed forces shall co-operate with the executive branch in the fields of literacy campaigns, education, agriculture, conservation of natural resources, road construction, communications, health, land reform and in emergency activities. The Committee asked the Government to adopt the necessary measures to ensure that conscripts may be called upon to perform only work or services of a purely military character, except in cases of emergency, in conformity with Article 2, paragraph 2(a) of the Convention.

The Committee notes that a draft Executive Decree has been prepared to amend the regulations issued under the Military Service Act, which provides that conscripts performing their military service shall be required to undergo only such training and preparation as is necessary for the proper performance of exclusively military duties, in conformity with the provisions of Article 2 of Convention No. 29 of the International Labour Organisation.

The Committee observes that an executive decree, inferior in rank to the above-mentioned provision of the Constitution, would not appear to ensure observance of the Convention in this respect.

The Committee hopes that the Government will take the necessary measures to provide explicitly that non-military work can be exacted from persons performing compulsory military service only cases of force majeure.

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The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. In its previous direct request, the Committee noted that the Act respecting military organisation of 1954, which was supplied by the Government, contains no provisions concerning the conditions governing the resignation of military personnel and that section 137 of the Act establishes that the executive branch shall issue the necessary regulations to give effect to the provisions of the Act.

The Committee noted that the regulations issued to give effect to the Act respecting military organisation have not been supplied, with particular reference to those establishing the conditions governing resignation from the service, which were requested by the Committee.

The Committee hopes that these texts will be supplied with the next report.

2. The Committee requests the Government to supply a copy of the Penal Code, enacted on 23 August 1983, which has been in force since 24 August 1984.

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The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 2, paragraph 2(a), of the Convention. In the comments that it has been making for some years, the Committee has referred to the situation concerning the non-military work that conscripts can be required to perform. Article 274 of the Constitution of the Republic (formerly article 320) provides that the armed forces shall co-operate with the executive branch in the fields of literacy campaigns, education, agriculture, conservation of natural resources, road construction, communications, health, land reform and in emergency activities. The Committee asked the Government to adopt the necessary measures to ensure that conscripts may be called upon to perform only work or services of a purely military character, except in cases of emergency, in conformity with Article 2, paragraph 2(a), of the Convention. The Committee noted that the Secretariat of Labour and Social Insurance submitted in 1981 to the Permanent Committee of the sovereign Congress of Deputies draft amendments to the Labour Code with the aim of rectifying a number of incompatibilities between the national legislation and the Conventions that have been ratified by the Honduras. The Committee noted that in May 1987 the comments of the Committee of Experts were transmitted to the Congress of Deputies so that they could be taken into account in the discussions of the draft amendments to the Labour Code. The Committee observed that the provision that has been the subject of its comments with regard to Convention No. 29 is section 274 of the National Constitution. Recalling also the indications supplied by the Government to the effect that in practice the co-operation of the armed forces is sought only in exceptional cases, the Committee hopes that, in order to bring the legislation into conformity with the provisions of the Convention and with practice, the necessary measures will be adopted to explicitly provide that only in emergency situations may non-military work be required of persons performing their compulsory military service.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.