Forced Labour Convention, 1930 (No. 29) - Venezuela (Bolivarian Republic of) (RATIFICATION: 1944)

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The Committee notes the joint observations of the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), and the United Federation of Workers of Venezuela (CUTV), received on 30 August 2023. The Committee requests the Government to provide its comments in this regard.

Articles 1(1), 2(1) and 25 of the Convention. Conditions of work amounting to forced labour. Situation of Cuban doctors and health workers. The Committee notes the Government’s reiteration, in its report, that Cuban doctors and health workers are working under a health programme implemented within the framework of the cooperation agreement signed with the Republic of Cuba in 2000. In this respect, the Government recalls that it covers the costs of housing, food and domestic transport of the professionals recruited and posted to its territory, and pays, as remuneration, each Cuban doctor or health workers who provides their services within its territory a total equivalent to the current minimum wage in Venezuela. The Government states that their working conditions in no way resemble forced labour and that it does not know the number of Cuban doctors or health workers who have left this programme or the consequences of doing so, as such information falls only under the responsibility of the Republic of Cuba. It adds that, in light of the cooperation agreement, there is no direct contractual relationship of a professional nature between the Venezuelan Government and these Cuban professionals recruited by the Republic of Cuba and, therefore, no complaints from Cuban doctors or health workers have been registered at national level.

The Committee notes that, in their joint observations, CODESA, the CTV, FAPUV, CTASI, UNETE and the CUTV highlight that 20,000 Cuban doctors still work in Venezuela, where they are organized in brigades, posted mainly in areas difficult to access and are, according to their own testimonies, always subjected to strict rules of conduct and surveillance, as well as to considerable restrictions. The trade union organizations add that although, due to the decline in the national economic context, their conditions of work no longer appear very different from those of the deteriorated conditions of work of the Venezuelan population, it would be regrettable if the dramatic situation these workers face was disregarded, owing mainly to the decrease in their number in Venezuela, as a result of a lack of available resources in the country to continue to fund these workers. The Committee requests the Government to take the necessary measures to ensure that Cuban doctors and health workers who carry out their activity in the national territory receive adequate protection, allowing them in particular to terminate their employment relationship and to leave the national territory, without being subjected to any threat of a penalty. In this regard, it once again requests the Government to provide a copy of the cooperation agreement signed in 2000, specifying the mechanisms available to these doctors and health workers in the event of violations of their labour rights and freedoms.

Article 2(2)(d). 1. Requisitioning of workers. The Committee recalls that resolution No. 9855 of 19 July 2016, adopted within the framework of Decree No. 2323 of 13 May 2016 which declared the state of emergency and economic crisis, establishes a special transitional labour regime, through the establishment of a system where public or private sector bodies deemed by the Government to need special measures to increase their production may request a specific number of workers from public or private enterprises, which are required to make the requested workers available. In these circumstances, requisitioned workers can be transferred from their job at the request of a third enterprise, without being able to give their consent, for a renewable 60-day period. The Committee notes that the Government once again indicates that this resolution is not implemented in practice and is no longer in force, as the events that led to its adopted have stopped. The Government concludes that this resolution cannot, therefore, be repealed given that this instrument is no longer in force in practice. Noting this information, the Committee observes nevertheless that, in their joint observations, CODESA, the CTV, FAPUV, CTASI, UNETE and the CUTV highlight the unconstitutional nature of this resolution. The trade union organizations indicate that even though this resolution is no longer applied, it is imperative that it be repealed in accordance with the procedures established to this effect by the People’s Ministry of Labour. The Committee therefore once again requests the Government to formally repeal resolution No. 9855 of 2016, to bring the national legislation into conformity with the Convention and the practice indicated, and thereby ensure legal certainty.

2. Social work by public employees and public sector employees. With reference to the previous observations of the Independent Trade Union Alliance (ASI), the Committee notes the Government’s statement that: (i) there are no regulations governing social work by public employees and public sector employees, who are only subject to the 2002 Public Service Regulations Act; and (ii) no work of this kind has been carried out by public servants or public sector employees. The Committee notes this information, which responds to its previous request.

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The Committee notes the joint observations of the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), and the United Federation of Workers of Venezuela (CUTV), received on 30 August 2023. The Committee requests the Government to provide its comments in this regard.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Massive migration flows. The Committee notes the Government’s statement, in its report, that the coercive unilateral measures imposed on Venezuela result in an uncertain economic context and migration of the Venezuelan population. It notes, however, that the Government has not provided specific information on measures taken so that this situation does not contribute to an increase in cases of trafficking of Venezuelans among the high number of persons who migrate.

The Committee notes that, in their joint observations, CODESA, the CTV, FAPUV, CTASI, UNETE and the CUTV highlight that this phenomenon is only getting worse owing to the generally impoverished population, the lack of education and job opportunities, and the poor living conditions, which have provoked widespread exodus of the population, which travels often with an irregular status and in dangerous conditions, continually exposed to human rights abuses and violations in the border areas and migratory routes, including trafficking in persons. In this respect, the trade union organizations indicate that, because of the urgency of this situation, CTASI has launched a campaign, entitled “We have the right not to migrate”, demanding that an agreement be drawn up on Venezuelan migration, with the support of the ILO and the International Organization for Migration, as the most urgent priority is to prevent and mitigate the causes of migration and its link with trafficking in persons, through social dialogue and a coordinated action to promote the right not to migrate. The trade union organizations also regret the absence of measures taken by the Government to regularly collect and publish information on the number of persons concerned by this phenomenon and likely to be affected by trafficking.

In this regard, the Committee notes that according to the Regional Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V), managed jointly by the Office of the United Nations High Commissioner for Refugees and the International Organization for Migration, to date, approximately 7.7 million persons have left Venezuela, more than 80 per cent of whom have migrated to Latin America and the Caribbean. The Committee notes the adoption of the Return to the Homeland Plan 2018–25 (Plan Vuelta a la Patria) which aims to facilitate the repatriation of Venezuelan nationals by air, sea or over land. It notes, in this regard, that in its 2022 concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families noted with concern that: (i) there is the lack of accessible information on returns, which is key to developing social protection and reintegration policies for returnees; (ii) according to the requirements for registration, persons who are considered to have participated in public acts of violence or acts of hatred against the Venezuelan people may not be able to participate in the plan for return; (iii) in order to benefit from socio-economic reintegration and social protection measures, registration in the Carnet de la Patria (Card for the Nation) system appears to be a prerequisite; and (iv) there has been harassment of people who returned outside the framework of the Return to the Homeland Plan. The United Nations Committee also noted with concern the deterioration in consular services for Venezuelan migrants due to the closure of several consulates in foreign countries, and the difficulties migrants have experienced in acquiring and renewing their passports – a basic requirement for access to the regularization procedure and to health, employment, education and financial services in destination and host countries (CMW/C/VEN/CO/1, 27 October 2022).

Given the massive and ongoing migratory flows, the Committee urges the Government to take specific measures to ensure that the actions taken by the national authorities to address this situation do not contribute, directly or indirectly, to increasing the vulnerability of Venezuelans at risk of trafficking, inside or outside the country. It requests the Government to provide information on any bilateral agreements signed with the biggest host countries to this end, as well as on the situation of migrants who return to the country, within the framework of the programme for assistance to return or by their own means, specifying the support and follow-up provided to those repatriated when they return, including to facilitate their reintegration.

2. Legislative and institutional framework. The Committee takes due note of: (i) the adoption of the National Plan to combat trafficking in persons for 2021–25 and the establishment of a National Council to combat trafficking in persons, responsible for ensuring the follow-up, evaluation, implementation and enforcement of the plan (Presidential Decree No. 4.540 of 21 July 2021); and (ii) the establishment in November 2020 of the Special Division of the Ombuds Office for the protection of migrants, refugees and victims of trafficking in persons. It notes that, in their joint observations, the trade union organizations regret the lack of information from the Government on the specific actions implemented by these institutions to combat trafficking in persons, including within the framework of the National Plan, in particular in the Orinoco Mining Arc (Arco Minero del Orinoco, AMO), which covers the states of Bolivar, Amazonas and Delta Amacuro, where the situation is worrying and is deteriorating. The trade union organizations add that with the rise of illegal mining in Bolivar, the state has become not only an area of transit and origin, but also a destination for human trafficking; Venezuelan jobseekers who come to this region are forced to work in the mines in conditions akin to slavery, and women and girls from indigenous communities are victims of trafficking for the purposes of sexual exploitation in the mining areas. The trade union organizations add that in July 2023, the Government launched Operation Autana to expel 10,000 miners from the Orinoco Mining Arc.

The Committee notes that, in their 2023 concluding observations, the United Nations Human Rights Committee and the United Nations Committee on the Elimination of Discrimination against Women both expressed concern about the increase in contemporary forms of slavery, including sex trafficking and child labour in mining areas, particularly in the Orinoco Mining Arc, in the context of the presence of non-State armed and criminal groups linked to extraction activities. The Committee on the Elimination of Discrimination against Women also noted with concern that the Special Division of the Ombuds Office for the protection of migrants, refugees and victims of trafficking in persons lacks the human, technical and financial resources necessary for the implementation of its mandate (CCPR/C/VEN/CO/5, 3 November 2023; and CEDAW/C/VEN/CO/9, 31 May 2023).

The Committee notes with concern this information. The Committee urges the Government to take the necessary measures to combat trafficking in persons, both for the purposes of labour exploitation and sexual exploitation, in particular in the Orinoco Mining Arc, and in the mining and agricultural sectors. Noting that the National Plan to combat trafficking in persons for 2021–25 has still not been published, the Committee requests the Government to provide a copy of the Plan, as well as information on the actions implemented within its framework, and on the evaluation of the results achieved and the difficulties encountered. It also requests the Government to provide information on the functions and activities of the National Council to combat trafficking in persons and the Special Division of the Ombuds Office, and on the measures taken to ensure that sufficient resources are made available to them. It once again requests the Government to indicate whether the bill against trafficking in persons is still on the agenda.

3. Prevention and awareness-raising. The Committee notes the Government’s general information that various strategies, policies and programmes have been developed in coordination with the different national agencies aimed at preventing and eliminating trafficking in persons, particularly by identifying the geographical areas where this crime is likely to occur, such as border areas, by strengthening their presence through prevention and awareness-raising actions for vulnerable groups of the population. The Committee notes that, in their joint observations, the trade union organizations highlight the limited impact of the preventive measures implemented by the Government, which indirectly contribute, according to the organizations, to the massive migratory flows of the population. The trade union organizations add that despite the efforts of the National Bureau to Combat Organized Crime and the Funding of Terrorism (ONCDOFT), its preventive activities implemented between January 2022 and April 2023 reached less than 2 per cent of the population, thus failing to recognize the scale of the phenomenon of trafficking. The Committee requests the Government to continue its efforts to implement large-scale prevention and awareness-raising activities, concerning trafficking in persons, both for the purposes of labour exploitation and sexual exploitation, at the national and local levels, in particular in the areas where most cases of trafficking are identified. It also requests the Government to provide information on the content of the activities carried out to this end, the preventive tools put in place, the results achieved and the difficulties encountered.

4. Identification and protection of victims. The Committee notes the Government’s reference to the Victim Assistance Unit (UAV) under the Public Prosecutor’s Office, which is a department attached to special high-level prosecutor’s offices in each State. The service is entirely free of charge and aims to provide guidance to victims of crime, including trafficking, inform them of their rights and provide them with personalized support, particularly psychological, to ensure that they are able to participate during the criminal proceedings. Specifically, regarding Venezuelan presumed victims of trafficking identified abroad, the Government indicates that a mechanism for assistance is in place within consulates to provide the necessary assistance and refer these potential cases to the national authorities. The Government adds that the National Office for Comprehensive Care of Victims of Violence (ONAIVV) is the body responsible for establishing institutional policies in this area and acts in four fields: health, psychological support, social and legal assistance. ONAIVV has developed a protocol for standardizing criteria and procedures for the assistance, follow-up, supervision and evaluation of care for victims of violence. The Government adds that, between 2022 and 2023, 57 victims of trafficking were identified, including 47 adults.

The Committee notes that, in their joint observations, the trade union organizations highlight that these figures do not reflect the scale of trafficking, and testify to the absence of adequate mechanisms for detecting and identifying victims of trafficking. They add that the actions of ONAIVV are, in practice, limited as it does not have local offices throughout the country and is mainly dedicated to addressing violence against women in general.

The Committee requests the Government to continue to take measures to ensure that all victims of trafficking receive protection and assistance adapted to their situation. It requests the Government to provide information on the number of victims identified who have received assistance and the type of assistance provided. It once again requests the Government to provide a copy of the protocol for assistance for victims of trafficking formulated by ONCDOFT, once it has been revised.

5. Punishment and enforcement of effective penalties. The Committee welcomes the establishment within the Public Prosecutor’s Office, of a special unit to investigate trafficking in persons, particularly of women and girls; and within the Scientific, Penal and Criminal Investigating Body, of the investigation unit for trafficking in persons for reporting, investigating and dismantling trafficking networks. With regard to the activities of ONCDOFT, which is responsible for developing training programmes for officials from the judiciary, the Public Prosecutor’s Office and law enforcement, the Government indicates that a series of actions was carried out with police officers and officials from the immigration services to better identify cases and victims of trafficking in persons. In addition, training activities in trafficking were carried out by the Special Division of the Ombuds Office set up in 2020, as part of its national training plan concerning the rights of victims of trafficking, including for judiciary officials, police officers and immigration services officials. To date, 869 persons have benefited from these actions. The Government adds that training for labour inspection officials was carried out by the People’s Ministry of Labour, in cooperation with the International Organization for Migration (IOM), in order to address the identification, detection and referrals of presumed cases of trafficking. The Government adds that it participates in various initiatives launched at the regional level to combat trafficking in persons, such as the Regional Platform against trafficking in persons and smuggling of migrants, and the Network on trafficking and smuggling of migrants of the South American Conference on Migration.

The Committee notes from the statistical information provided by the Government that legal proceedings for cases of trafficking in persons were brought against 26 persons in 2022 and 21 persons in 2023. Furthermore a total of 51 persons were convicted of the crime of trafficking in the same period. The Committee observes that only one of these persons was convicted of trafficking for the purposes of forced labour, and once again notes that the Government does not specify the nature of the penalty imposed in this respect. The Committee notes that, in their joint observations, the trade union organizations highlight the need to increase the number and effectiveness of anti-trafficking activities, as this phenomenon is becoming worse and more complex. They also underline the lack of information concerning the actions taken by the new above-mentioned structures within the Public Prosecutor’s Office and the Scientific, Penal and Criminal Investigating Body to fulfil their mandate against trafficking.

The Committee requests the Government to take action to strengthen the capacity and the competence of the various authorities that contribute to combating trafficking in persons, so that these authorities can effectively identify situations of trafficking, carry out adequate investigations and initiate prosecutions against the perpetrators of trafficking and any complicit public officials. Recalling that Article 25 of the Convention provides that the exaction of forced labour shall be punishable byadequate and strictly enforced penalties, The Committee once again requests the Government to provide detailed information on the number and nature of investigations carried out, prosecutions initiated, court decisions handed down and penalties imposed, specifying the provisions of the national legislation under which the criminal proceedings were initiated.

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

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The Committee notes the observations received from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on 31 August 2017; the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers' Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 11 September 2020; and the CTASI on 30 September 2020. The Committee requests the Government to provide its reply to these observations.

Article 2(2)(d) of the Convention. Requisitioning of workers. The Committee previously noted that resolution No. 9855 of 19 July 2016 establishes a transitional labour regime of a compulsory and strategic nature for all work entities in order to contribute to the recovery of the production in the agro-food sector, through the establishment of a system where entities identified by the Government as requiring special measures to increase their production may request a specific number of workers from public or private enterprises, which are required to make the requested workers available. It noted that, as a result, requisitioned workers can be transferred from their job at the request of a third enterprise, without being able to give their consent, for a renewable 60-day period. Observing that the resolution was adopted within the framework of Decree No. 2323 of 13 May 2016 which declared the state of emergency and economic crisis and was subsequently extended, the Committee noted that, while such a system aimed at reinforcing agro-food production to ensure food security, it did not appear to respond to a sudden and unforeseen happening endangering the existence of the population and could therefore not be considered as an exception to forced labour under the terms of Article 2(2)(d) of the Convention. It requested the Government to provide information on the measures taken to ensure that in practice no pressure is exerted on workers to accept these transfers, and to ensure that any act authorizing the requisitioning of workers in cases of force majeure is confined within the strict limits authorized by the Convention.

The Committee notes the Government’s indication, in its report, that the resolution was not implemented in practice and that, as a result, no worker was transferred under the transitional labour regime. The Government adds that the resolution was in force for six months and then ceased its effects. Taking note of this information, the Committee further notes that, in their joint observations, the IOE and FEDECAMARAS indicate that the Government has merely ceased applying the resolution on a temporary basis but that there has not been any formal repeal of the resolution. It notes that similar observations are made by the FAPUV and CTASI. The Committee observes that the “state of emergency and economic crisis” declared under Decree No. 2323 and which served as a basis for the elaboration of resolution No. 9855 has been extended through several decrees for more than one year. It recalls that, pursuant to Article 2(2)(d) of the Convention, compulsory labour should be confined to genuine situations of emergency or cases of force majeure, that is a sudden unforeseen happening which endangers the existence or the well-being of the whole or part of the population, and therefore calls for instant countermeasures, so that such requisitioning is not transformed into the mobilization of labour for purposes of economic development, which is also prohibited by Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105). Noting that resolution No. 9855 is no longer applied in practice, the Committee requests the Government to take the necessary measures to formally repeal the resolution to bring its national legislation in conformity with the Convention.

Social work by public employees. The Committee previously noted that, in its observations received on 2016, the Independent Trade Union Alliance (ASI) raised concern about voluntary social work undertaken by public sector officials and employees to carry out solidarity work outside their working time, and indicated that there were doubts about the voluntary nature of this work as pressure could be exerted by the authorities. The Committee requested the Government to provide information on these allegations. The Committee notes the Government’s statement that there were very few cases where public employees have been summoned to carry out social work and, when it happened, such employees were free to respond or not to the convocation and carrying out the social work was fully voluntary. The Government highlights the low probability that a supervisor could impose social work as the necessary safeguards are in place and the Government issued instructions to make sure that this cannot happen. It adds that no complaints of social work were made before administrative or judicial bodies by trade union or workers. In this regard, the Committee notes that in their observations, the CTV, FAPUV and CTASI indicate that several complaints were made by retired workers from electric and oil companies who have been forced to remedy certain situations by police forces who entered their homes. The CTV adds that there have been allegations of cases where supervisors imposed quotas for participation in social work under the menace of a penalty. The Committee further notes that, in its observations, the CTASI states that the Government has openly promoted the practice of “voluntary” work for civil servants and public sector employees, alleging solidarity reasons. The CTASI further highlights that, in some cases, such workers had to work during their rest day, summoned by authorities, under the menace of a penalty, in order to carry out tasks beyond their normal duties and outside of their working environment, such as cleaning public space, painting buildings or maintaining parks. The Committee takes note with concern of this information. The Committee requests the Government to provide information on these allegations. It further requests it to provide information on the legal framework regulating social work undertaken by public servants and public sector employees, including instructions issued by the Government in that regard, as well as the manner in which it is ensured in practice that public servants and public sector employees give their consent to carry out social work.

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The Committee notes the observations received from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on 31 August 2017, the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers' Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 11 September 2020; and the CTASI on 30 September 2020. The Committee requests the Government to provide its reply to these observations.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Massive migration flows. The Committee notes that, in their observations, the CTV, FAPUV and CTASI highlight that trafficking in persons in the country has increased as a result of the situation of humanitarian emergency faced by the country which resulted in the generalization of poverty for an increasing number of persons, mainly children and young people in situations of economic vulnerability, falling victim to exploitation by criminal groups within the country or forced to migrate. In this regard, the Committee notes that, the number of people who have left the Bolivarian Republic of Venezuela has increased dramatically since 2018 to reach, according to official statistics, more than five million persons to date. The Committee notes that, as recently highlighted by several United Nations bodies: (i) Venezuelan migrants face obstacles in obtaining or legalizing documentation which is a source of challenges in transit and destination countries which makes them particularly vulnerable to trafficking for labour and sexual exploitation purposes; (ii) those who are leaving or re-entering the Bolivarian Republic of Venezuela are often victims of extortion and illegal requisitions especially at the hands of the Bolivarian National Guard; and (iii) border closures and additional requirements to travel to transit and destination countries force migrants to use unofficial crossing points and therefore increase their risk of suffering abuses (A/HRC/41/18, 9 October 2019, paragraphs 69, 72 and 73; A/HRC/RES/42/25, 8 October 2019, preamble and paragraph 18; and webpage of the United Nations Refugee Agency, Venezuela situation, 2020). Taking into consideration the current situation of humanitarian emergency faced by the country and the increased number of persons who may be exposed to trafficking within the country as well as in transit and destination countries, the Committee draws the Government’s attention to the need for specific and appropriate measures to be taken to ensure that the necessary safeguards are in place at national level, so that the current situation and the actions taken as a result by the national authorities do not contribute, directly or indirectly, to a subsequent increase in cases of trafficking in persons within the country or for Venezuelan migrant workers. It requests the Government to provide information on the specific measures developed and implemented in this regard, including within the framework of bilateral agreements with host countries.

Legislative and institutional framework. The Committee previously noted that several legislative texts contain provisions regarding trafficking in persons (section 56 of the Basic Act of 2007 on the right of women to a life free from violence and sections 53, 56 and 57 the Act of 2004 on foreigners and migration) and more particularly the Basic Act of 2012 against organized crime and the funding of terrorism which criminalizes trafficking in persons under its section 41, while limiting the offence of trafficking to perpetrators who are part of an organized criminal organization. It further noted that a Bill against trafficking in persons was under examination and that various discussions were held by the Government with a view to drawing up the strategies to be set out in the National Plan to combat trafficking in persons around three priorities: prevention, investigation and penalties, and the protection of victims. It noted that the establishment of a presidential commission to combat trafficking in persons was also under examination. The Committee requested the Government to provide information on any progress made in that regard, and more particularly on the adoption and implementation of the national plan and the establishment of a coordinating body. The Committee notes the Government’s general indication, in its report, that the National Plan to combat trafficking in persons for 2016–2019 has been updated for the period 2020–2023. It notes that, in its observations, the CTV expresses concern at the lack of information from the Government on the impact of the National Plan for 2016–2019, as well as on any policy or measures implemented to combat trafficking in persons. The CTV further refers to the increasing number of victims of trafficking for sexual exploitation at the border with the Caribbean islands, as well as in the illegal mining sector in the state of Bolívar, in particular in the Arco Minero del Orinoco (AMO) where women and girls from indigenous communities are victims of sexual exploitation and domestic servitude. The Committee notes that, in their joint observations, the FAPUV and CTASI highlight the lack of legislative provisions against trafficking in persons and the insufficient actions implemented by the Government in that area. They also refer to cases of persons exposed to various forms of coercion in illegal mines by armed groups operating with impunity. In this regard, the Committee notes that, in her 2020 report on the independence of the justice system and access to justice in the Bolivarian Republic of Venezuela, including for violations of economic and social rights, and the situation of human rights in the AMO region, the United Nations High Commissioner for Human Rights highlighted a sharp increase since 2016 in sexual exploitation, trafficking and violence in mining areas, due to the existence of a corruption and bribery scheme by organized criminal groups, locally known as sindicatos, controlling the mines whereby they pay off military commanders to maintain their presence and illegal activities. The Committee notes that, in her report, the High Commissioner specifically recommended to take urgent steps to end labour and sexual exploitation, and human trafficking in the AMO region (A/HRC/44/54, 15 July 2020, paragraphs 41 and 71). The Committee notes this information with concern and urges the Government to take the necessary measures to combat trafficking in persons for both labour and sexual exploitation, including in the Arco Minero del Orinoco. The Committee requests the Government to provide information on the adoption and implementation of the National Plan to combat trafficking in persons for 2020 – 2023. It also requests the Government to provide information on any entity established, in particular within the framework of the new National Plan, to specifically coordinate the intervention of the many actors involved in the combat of trafficking in persons; and on any assessment made of the impact of the measures implemented to combat trafficking in persons, and any difficulties encountered and follow-up actions envisaged. Lastly, the Committee requests the Government to indicate whether the adoption of the Bill against trafficking in persons is still on the agenda and, if not, the reasons why it has been dropped.

Prevention and awareness-raising. The Committee previously noted that the National Bureau to Combat Organized Crime and the Funding of Terrorism (ONCDOFT), established under the Basic Act of 2012, is responsible for the organization, control and supervision at the national level of any actions aimed at preventing and combating organized crime and the funding of terrorism, among which trafficking in persons (section 5). It encouraged the Government to continue its awareness-raising activities. The Committee notes the Government’s general indication that the ONCDOFT carried out several awareness-raising activities within communities and public education institutions to disseminate information on organized crimes, providing tools to prevent citizens from becoming victims of trafficking. The Government adds that a national network against organized crime and funding of terrorism, which is represented by coordination units in each of the 24 states, has been developed by the Government and is responsible for implementing prevention activities regarding organized crime and the funding of terrorism. The Committee requests the Government to continue its efforts to combat trafficking in persons by ensuring comprehensive prevention and awareness-raising activities specifically focused on trafficking in persons for labour and sexual exploitation purposes, at both national and local levels. It further requests the Government to provide information on the content of the activities undertaken to that end, as well as on the above-mentioned tools for the prevention of trafficking, the results achieved and any difficulties encountered.

Protection of victims. The Committee previously noted that the National Coordinating Unit for the protection of victims, witnesses and other parties to legal action, in collaboration with victim care units, is responsible for ensuring adequate protection for victims as soon as they are identified. This protection includes medical, psychological and legal assistance, temporary accommodation, money for food and conditions of security. The Committee requested the Government to provide specific information on the number of victims who have benefited from assistance and the type of assistance provided. The Committee notes the Government’s general statement that several shelters are available for victims of trafficking where they can benefit from medical and psychological assistance. The Government adds that ONCDOFT is currently revising the protocol for assistance for victims of trafficking and that a large number of stakeholders, including non-profit organizations which provide assistance for the reintegration of victims, are involved in this process. The Committee notes that, in their observations, the CTV, FAPUV and CTASI highlight that the Government did not provide information on the number of victims identified or on the percentage of victims who received assistance and the type of assistance they benefited from, which is an issue of concern in view of the prevalence of trafficking situations within the country. Noting with regret the lack of information provided by the Government on the assistance provided to victims of trafficking, the Committee requests the Government to provide specific information on the number of victims who have benefited from assistance and the type of assistance provided. The Committee also requests the Government to provide information on the protocol for assistance for victims of trafficking formulated by the ONCDOFT, once it has been revised.

Enforcement of effective penalties. The Committee previously noted that ONCDOFT is responsible for developing training programmes for officials of the judiciary, the prosecution services and the forces of order on the various types of crimes covered under the Basic Act of 2012, among which trafficking in persons, and requested the Government to provide information on the judicial proceedings initiated and convictions in cases of trafficking, as well as on the measures taken to reinforce the capacities of the various authorities involved in combating this crime. The Committee notes the Government’s indication that, since 2018, the Border Trafficking Route has been established in order to enhance training and capacity-building for public officers at key border control locations, providing them with tools to improve mechanisms for the identification of potential victims, assistance mechanisms, and prevention and control measures. Noting the Government’s indication that the Office of the Public Prosecutor has initiated legal proceedings for trafficking in persons under section 41 of the Basic Act of 2012 against 163 persons for 2017–2018, the Committee notes with regret that the Government has still not provided information on the number of convictions or the nature of the penalties imposed. It further notes that, in its observations, the CTV highlights the insufficient implementation of the Basic Act of 2012 by the Government, which did not take any significant action to combat trafficking in persons. The CTV adds that the number of legal proceedings referred to by the Government does not reflect the real magnitude of the issue in the country, more particularly the prevalence of trafficking in women and girls in border and touristic areas, and that there is no information on the complaints of complicity or corruption. The Committee requests the Government to continue providing information on the concrete measures taken to enhance training activities and strengthen the capacities of the various authorities involved in combating trafficking in persons, to ensure that these authorities are effectively in a position to detect situations of trafficking in persons, carry out adequate investigations and initiate prosecutions against the perpetrators of this crime, including any complicit public officials. It further requests the Government to provide detailed information on the number and nature of investigations carried out, prosecutions initiated, court decisions handed down and penalties imposed, specifying the provisions of the national legislation under which the criminal proceedings were brought.

2. Conditions of work amounting to forced labour. Situation of Cuban doctors. The Committee previously noted that, in its observations received in 2016, the Independent Trade Union Alliance (ASI) raised specific concerns regarding the recruitment, conditions of work and isolation of Cuban doctors who came to work in the Bolivarian Republic of Venezuela within the framework of an agreement signed between the Governments of the two countries and requested the Government to provide information on these allegations. The Committee notes the Government’s indication that Cuban doctors are working under a health programme implemented within the framework of the cooperation agreement signed with the Republic of Cuba in 2000. It states that the Government provides personal housing, food and allowances for personal expenses and that, contrary to the politically motivated observations received from the ASI, Cuban doctors are not isolated. The Committee notes however that, in its observations, the CTV refers to the numerous complaints made by Cuban doctors regarding their conditions of work amounting to forced labour, including underpayment of wages, the main part of which is retained by the Cuban Government, confiscation of passports, limitations on movement, threats of retaliatory actions against workers and their families if they leave the programme, as well as surveillance outside of work. The CTV adds that health workers also denounced this situation. The Committee further notes that, in their observations, FAPUV and CTASI express similar concerns and further highlight that: (i) besides Cuban doctors, Cuban health personnel and other workers who work in Venezuela as "collaborators" are affected by the same situation; and (ii) the agreement with the Cuban Government for the provision of medical and other services in Venezuela has not been made official and even less approved by the National Assembly. In its additional observations, the CTASI expresses concern about the lack of transparency regarding the terms and conditions of the agreement, and the working conditions of these Cuban workers in Venezuela, and calls upon the Government to provide extensive public information in that regard. The Committee observes that, in her 2018 report following her mission to Cuba, the United Nations Independent Expert on human rights and international solidarity indicates that according to official sources, in July 2017, 42,000 Cuban health workers were based in 63 countries and Cuban doctors were serving in more than 6,000 outpatient clinics in the Bolivarian Republic of Venezuela (A/HRC/38/40/Add.1, 9 May 2018, paragraph 55). The Committee notes that, in May 2019, a complaint on the working conditions of Cuban doctors in the Bolivarian Republic of Venezuela was made before the International Criminal Court following an investigation carried out by a Spanish NGO named Cuban Prisoners Defenders. It further notes that the Organization of American States expressed similar concerns regarding the situation of Cuban doctors. The Committee requests the Government to provide further information on the recruitment, conditions of work and termination of employment of Cuban doctors and health workers, including by providing a copy of the agreement signed with the Cuban Government in that respect and examples of contracts signed by Cuban doctors. It further requests the Government to provide information on the number of doctors and health workers who left the programme and the consequences of such resignations. Lastly, the Committee requests the Government to provide information on the number of complaints from Cuban doctors and health workers registered, the nature of the alleged violations and penalties imposed.

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

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The Committee notes the Government’s report and the observations received on 23 August 2016 from the Independent Trade Union Alliance (ASI), on 31 August 2016 from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), and on 12 October 2016 from the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the National Union of Workers of Venezuela (UNETE). The Committee also notes the Government’s reply to these observations, received on 11 November 2016.

Articles 1(1), 2(1) and 25 of the Convention. Legislative framework to combat trafficking in persons. The Committee previously noted that several legislative texts contain provisions regarding trafficking in persons, and particularly the Basic Act of 2012 against organized crime and the funding of terrorism. It requested the Government to provide information on the judicial proceedings initiated and convictions in cases of trafficking, as well as on the measures taken to reinforce the resources available to the authorities to combat this crime.

The Committee notes the Government’s indication in its report that the competent institution to combat trafficking is henceforth the National Bureau to Combat Organized Crime and the Funding of Terrorism (ONCDOFT). This Bureau undertakes regular activities to reinforce strategies to prevent, neutralize and combat trafficking in persons and its links with organized crime. These activities are covered by the “Safe Homeland” plan, the objective of which is to reduce crime throughout the country. The Government adds that the ONCDOFT develops training programmes for officials of the judiciary, the prosecution services and the forces of order on the various types of trafficking in persons. This training is provided throughout the territory, and particularly in border regions. Tools have also been developed to improve procedures for identifying victims and the crime’s modus operandi. The Committee notes this information and encourages the Government to continue its awareness-raising and training activities for the various authorities involved in combating trafficking so as to ensure that these authorities are effectively in a position to identify situations of trafficking in persons and undertake adequate investigations.

However, the Committee notes with regret that the Government has still not provided information on any prosecutions launched and penalties imposed in cases of trafficking, either under the Basic Act of 2012 against organized crime and the funding of terrorism or other legal texts containing provisions criminalizing trafficking. The Committee notes that, in its concluding observations concerning the Bolivarian Republic of Venezuela, the Committee of the United Nations on the Elimination of Discrimination against Women (CEDAW) expressed concern at the prevalence of trafficking in women and girls, in particular in border areas, and about reports that women and girls are sexually exploited in tourist areas (CEDAW/C/VEN/CO/7-8 of 14 November 2014, paragraph 20). The Committee recalls that Article 25 of the Convention requires the imposition of adequate penalties on those exacting forced labour. The Committee therefore trusts that the Government will provide information on current prosecutions and court rulings in cases of trafficking in persons for both sexual exploitation and exploitation of their labour, with an indication of the provisions of the national legislation under which the penalties were applied.

Institutional framework. With regard to the adoption of a national plan of action, the Committee notes from the information available on the website of the Ministry of the People’s Authority for Internal Relations, Justice and Peace, that it has been holding discussions with the various institutions concerned with a view to drawing up the strategies to be set out in the National Plan to Combat Trafficking in Persons. The Plan is built around three priorities: prevention; investigation and penalties; and the protection of victims. The establishment of a presidential commission to combat trafficking in persons is also under examination. In view of the complexity of the phenomenon of trafficking in persons, the Committee hopes that the Government will take all necessary measures with a view to the rapid adoption of the National Plan to Combat Trafficking in Persons and the implementation of its three priority fields of action. Please provide information on the activities undertaken, results achieved and difficulties encountered in the implementation of the Plan. Moreover, in view of the fact that action to combat trafficking requires the intervention of many actors, the Committee hopes that a coordinating body will also be established.

Protection of victims. The Committee notes the Government’s indication that the National Coordinating Unit for the protection of victims, witnesses and other parties to legal action, in collaboration with victim care units, is responsible for ensuring adequate protection for victims as soon as they are identified. This protection includes medical, psychological and legal assistance, temporary accommodation, money for food and conditions of security. The Committee requests the Government to provide specific information on the number of victims who have benefited from assistance and the type of assistance provided.

Article 2(2)(d). Requisitioning of workers. The Committee notes that in their observations both the ASI and FEDECAMARAS and the IOE refer to the adoption of Resolution No. 9855 of 19 July 2016 establishing a special system of transitional labour of a compulsory and strategic nature for all work entities, both public and private, or of social and mixed ownership. This system has the objective of contributing to the recovery of production in the agro-food sector through the establishment of a mechanism for the temporary integration of men and women workers in entities identified by the Government as requiring special measures to increase their production. FEDECAMARAS and the IOE add that these entities may request a specific number of workers from public or private enterprises, which are required to make the requested workers available. It is therefore work that is not freely consented to by the worker. Workers are transferred from their jobs at the request of a third enterprise, which results in a modification of their conditions of work to which they are not able to give their consent. Moreover, this requisition measure has a financial impact on the enterprises concerned, as well as on their productivity. In the view of the ASI, through this Decision, the State is establishing a system of forced recruitment by removing workers from their stable and freely chosen employment relationship. The ASI recalls that it is the responsibility of the State to develop a sustainable employment policy through the training of workers.

The Committee notes the Government’s indication in its reply that the objective of the Decision is to support and facilitate the provision of services by workers who express their wish to work in an enterprise that forms part of the process of reinforcing and promoting the agro-food sector. The Government does not decide on the transfer of workers from one enterprise to another. In no case are workers obliged to go to workplaces if they do not wish to do so: on the contrary, the explicit expression of their desire to participate in this process is required.

The Committee notes that, in accordance with the preambular paragraphs of Decision No. 9855, this measure forms part of the duty of the State to guarantee the food sovereignty of the country and to promote and protect agro-food production with the aim of reinforcing national economic development with the active participation of the working class. The Decision makes it possible to transfer requisitioned workers for a renewable 60-day period. The Committee also observes that this Decision was adopted within the framework of Decree No. 2323, which in May 2016 declared the state of emergency and economic crisis that was subsequently extended in July, September and November 2016.

The Committee recalls that, under the terms of Article 2(2)(d) of the Convention, “any work or service exacted in cases of emergency” does not constitute forced labour. It has emphasized in this respect that the power to call up labour or impose compulsory labour in this context should be confined to genuine situations of emergency or cases of force majeure, that is a sudden unforeseen happening which endangers the existence or the well-being of the whole or part of the population, and therefore calls for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. The Committee recalls that it is important to ensure that the power to call up workers remains within the limits indicated above so that such requisitioning is not transformed into the mobilization of labour for purposes of economic development, which is also prohibited by Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105). While noting that the system for the temporary integration of workers is intended to reinforce agro-food production to ensure food security, the Committee observes that the establishment of this system does not appear to respond to a sudden and unforeseen happening endangering the existence of the population. Noting the Government’s indication that workers cannot be transferred to an enterprise without their consent, the Committee requests the Government to take the necessary measures for the amendment of Resolution No. 9855 of 19 July 2016 establishing a special transitional system of labour so as to explicitly set out the voluntary nature of such transfers. Please also indicate the measures taken to ensure that in practice no pressure is exerted on workers to accept these transfers. In the absence of the explicit consent of workers laid down in the legislation, the Committee requests the Government to ensure, in the light of the above considerations, that any act authorizing the requisitioning of workers in cases of force majeure is confined within the strict limits authorized by the Convention.

Social work by public employees and the situation of Cuban doctors. The Committee notes that in its observations the ASI refers to two situations in which workers could be required to perform work under threat. The first concerns voluntary social work undertaken by public sector officials and employees to carry out solidarity work outside their working time. The ASI considers that there exist doubts about the voluntary nature of this work as pressure could be exerted by the authorities. The ASI also refers to the situation of Cuban doctors who come to work in the Bolivarian Republic of Venezuela within the framework of an agreement between the governments of the two countries. In the view of the ASI, the recruitment, conditions of work and isolation of these doctors raise questions to which the Government should provide a public response. The Committee requests the Government to provide information on these allegations.

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The Committee notes the Government’s report. It also notes the observations submitted on 11 August 2013 by the Independent Trade Union Alliance (ASI) on the trafficking of persons in the Bolivarian Republic of Venezuela, as well as the response of the Government thereto.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legislative framework and enforcement of effective penalties. In its previous comments, noting that several legislative texts refer to trafficking in persons (the Basic Act of 2007 on the right of women to a life free of violence, the Act of 2005 against organized crime, the Act of 2004 on foreigners and migration), the Committee expressed the view that the adoption of the Bill against trafficking in persons, submitted to the National Assembly in 2011, would reinforce the legislative component of the measures to combat trafficking in persons, particularly where the victims are men and/or nationals. In its latest report, the Government indicates that with the entry into force of the new Basic Act of 30 April 2012 against organized crime and the funding of terrorism, progress can be made in incriminating perpetrators of human trafficking, thanks to section 41 of the Act, which defines the elements constituting the crime and provides for a prison term ranging from 20 to 25 years.

The Committee notes that in its observations, the ASI expresses the view that the State should reinforce the current legislative framework and amend the existing laws so as to prohibit and establish adequate penalties for all forms of trafficking in persons. According to the ASI, the Bill against trafficking prepared in consultation with civil society has again been submitted to the National Assembly without obtaining approval. The ASI calls on the State to step up its efforts to ensure that cases of trafficking in persons for sexual exploitation and labour exploitation are properly investigated and tried, and that the perpetrators of such crimes are effectively punished.

Noting the absence of any information on criminal proceedings initiated in trafficking in persons cases, the Committee requests the Government to specify the measures taken to build the capacity of the police and prosecution authorities to identify victims, conduct investigations and prosecute the perpetrators of this crime. Please indicate the number of convictions, specifying the provisions of the national legislation under which the criminal proceedings were brought. Please also indicate whether the adoption of the Bill against trafficking in persons is still on the agenda, and if not, the reasons why it has been dropped.

Prevention and awareness raising. The Committee notes the information provided by the Government on the activities undertaken by the Directorate-General for the prevention of offences established under the Ministry of People’s Power for the Interior and Justice which is the central body in charge of guiding and coordinating measures to combat trafficking in persons. It notes in particular the training organized for the various institutions that intervene in combating trafficking, to enable them better to detect instances of trafficking. Through these activities, more than 50,000 persons were trained between 2005 and 2013. Furthermore, the Directorate General for the prevention of offences is working together with the various ministries involved on a national action plan for the prevention, suppression and punishment of trafficking in persons and for assistance to victims, which will have the support of an inter-institutional committee, established to oversee the plan’s implementation. The Committee notes that the ASI stresses the need to put in place procedures for identifying victims, particularly in the prostitution sector, and to strengthen the institutional framework for combating trafficking in persons, in particular by adopting a national action plan.

The Committee requests the Government to provide a copy of the national action plan. It hopes that the Government will take the necessary measures to ensure that the inter-institutional committee is set up promptly and given the necessary sources to accomplish its task of coordinating the measures to combat trafficking in persons. Please provide information on the activities conducted, the results obtained and any difficulties encountered in implementing the national action plan.

Protection of victims. On the matter of protection for victims of trafficking, the Government states that the activities conducted by the Directorate General for the prevention of offences aim to provide comprehensive assistance to victims by covering their essential needs and giving guidance with a view to their social reintegration. Comprehensive assistance is guaranteed regardless of the nationality of the victims and is afforded to Venezuelan victims abroad through diplomatic and consular services. The Government indicates that a consultation process is under way with a view to drafting a protocol on protection and comprehensive assistance for victims. Since 2005, the Directorate General for the prevention of offences has provided comprehensive assistance for 218 victims. The Committee takes note of this information and requests the Government to provide a copy of the protocol on protection and comprehensive assistance for victims, indicating the number of victims that have benefited. It encourages the Government to continue to ensure that the authorities are in a position to identify the victims of trafficking in persons and provide them with psychological, medical and legal support that enables them to assert their rights and contributes to their social reintegration.

Lastly, the Committee notes that the ASI expresses concern at the manner in which prostitution recruitment “agencies” operate, particularly on the Internet, and at the absence of any regulation or state control in an area which is fertile ground for trafficking in persons for the purposes of sexual exploitation. The Committee requests the Government to indicate the measures taken to strengthen monitor supervision in the prostitution sector so as to raise awareness among women workers in this sector and protect them from any form of exploitation amounting to forced labour.

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons.

Legislative framework and enforcement of effective penalties. In its previous comments, the Committee observed that several provisions contained in different texts referred directly or indirectly to trafficking in persons:

• – article 54 of the Constitution, under which no one may be subjected to slavery or servitude, and by virtue of which trafficking in persons, particularly of women, children and young persons, in all its forms, shall be subject to the penalties prescribed by law;
• – sections 4(10) and 173 of the Penal Code, under which anyone who participates in trafficking in slaves or who reduces a person to slavery or a condition akin to slavery shall be liable to a sentence of imprisonment of from six to 12 years;
• – section 56 of the Basic Act of 2007 on the right of women to a life free from violence, which defines trafficking in women, children and young persons and establishes a sentence of imprisonment of from 15 to 20 years;
• – sections 15 and 16(11) of the Act against organized crime of 2005, under the terms of which trafficking in persons and migrants shall be considered to constitute the offence of organized crime with the prescribed penalty of from four to six years of imprisonment;
• – sections 53, 56 and 57 of the Act of 2004 concerning foreign nationals and migration of 2004 which establishes sentences of imprisonment of from four to eight years for anyone who employs foreign workers whose status is illegal with a view to exploiting them, and sentences of between eight and ten years in cases of the illegal trafficking in persons involving the use of violence, intimidation or deceit, or the abuse of a situation of need, the gender of the victim or the victim’s situation of vulnerability.

The Committee previously requested the Government to provide information on the number of complaints and cases of trafficking in persons that had been investigated, and the number of cases that resulted in judicial proceedings and convictions. The Committee notes the Government’s indication in its latest report that the Office of the Public Prosecutor has initiated 63 legal proceedings for trafficking in persons, of which 40 are at the investigation stage, six at an intermediate stage and seven before the courts. Of these proceedings, 13 were initiated under section 56 of the Act respecting foreign nationals and migration, of which three resulted in convictions to sentences of imprisonment of from two to five years.

The Committee notes this information and, in view of the low number of convictions up to now, requests the Government to continue providing information on the measures taken to strengthen the resources available to, as well as the capacity of the police and prosecution services to identify victims, conduct investigations and initiate prosecutions so that sufficiently dissuasive penalties can be imposed in practice against persons found guilty of the crime of trafficking in persons. Please also indicate the measures taken to facilitate the participation of victims in the various stages of the judicial proceedings.

The Committee also notes, from the website of the National Assembly, that a Bill was submitted to the National Assembly in November 2011 defining the elements that constitute trafficking in persons and providing for the establishment of a fund for the prevention of trafficking in persons and for assistance to victims. The Committee requests the Government to provide information on the progress made in the examination of this Bill which, when adopted, will reinforce the legislative component of the measures to combat trafficking in persons, particularly in cases where the victims are men and/or nationals, and will contribute to the implementation of a comprehensive policy to combat trafficking in persons.

Prevention and awareness raising. The Committee notes that the General Crime Prevention Department of the People’s Ministry for Internal Relations and Justice is the central body responsible for establishing and implementing policy for the prevention of trafficking in persons and the coordination of measures for that purpose. The Committee notes, from the website of the General Crime Prevention Department, that a number of public awareness-raising activities, including in the tourism and education sectors, were undertaken in 2011 and 2012, as well as training workshops for those responsible for combating trafficking, including officers of the various police forces and officials of the Office of the Public Prosecutor. The Committee requests the Government to provide information in its next report on the training activities undertaken and the measures adopted or envisaged by the General Crime Prevention Department to reinforce prevention and for the coordination of the various bodies responsible for combating trafficking in persons.

Protection of victims. In its previous comments, the Committee requested the Government to provide information on the operation of victim assistance units, which are responsible for assisting and guiding victims of all types of crimes covered by public action, including trafficking in persons. The Committee notes the Government’s indication that in two cases assistance has been provided to victims of trafficking in persons, at the request of the Office of the Public Prosecutor, in the form of medical and legal assistance, or police protection. The Committee recalls that, in view of the situation of vulnerability of victims of trafficking in persons, and particularly victims who are of foreign nationality, their identification is an essential element in combating this scourge. The Committee therefore requests the Government to continue taking measures to ensure that victims of trafficking in persons benefit from psychological, medical and legal assistance in order to enable them to assert their rights and to contribute to their social reintegration.

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Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to combat trafficking in persons.

Legislative measures. Enforcement of effective penalties. The Committee noted previously that the Ministry of the Interior and Justice was preparing a Bill on trafficking in persons and it requested the Government to provide information on the progress made in relation to the Bill.

The Committee notes that, according to the Government’s report, the legal framework that is in force is composed of the constitutional provisions of article 54, under the terms of which “no one may be subjected to slavery or servitude. Trafficking in persons, and particularly in women, boys, girls and young persons in all its forms shall be subject to the penalties prescribed by law”. The Penal Code, although it does not refer explicitly to the crime of trafficking in persons, provides in section 4(10) and section 174 that any persons within or outside the country who take part in trafficking in slaves, reduction to slavery or a condition akin to slavery shall be punished with terms of imprisonment of from six to 12 years. The Committee also notes that under sections 15 and 16(11) of the Law against Organized Crime of 2005, trafficking in persons and migrant workers is considered to constitute the offence of organized crime. The prescribed penalty is from four to six years of imprisonment.

The Committee hopes that the Government will provide information on the number of denunciations and cases of trafficking in persons that have been investigated, the number of such cases that result in judicial proceedings under the provisions of the Penal Code and of the Law against Organized Crime, and provide copies of the respective court rulings with an indication of the penalties imposed. In this respect, the Committee reminds the Government of the requirement to ensure that the penalties imposed by law are really adequate and are strictly enforced.

Protection of victims. The protection of the victims of trafficking, and more generally the protection of witnesses, contributes to guaranteeing compliance with the law and the effective punishment of those responsible, as required by Article 25 of the Convention. The Committee notes that, in accordance with the Basic Act on the Office of the Attorney-General, units have been established to assist victims, which discharge the functions of assisting and guiding victims.

The Committee requests the Government to provide information on the operation of such units in relation to the provision of assistance to the victims of trafficking in persons. Considering the specific situation of victims of this crime, the Committee requests the Government to indicate the measures adopted or envisaged in relation to the possibility that victims who are illegally resident in the national territory may stay in the country and whether specific conditions and guarantees have been envisaged for this purpose.

Trafficking in persons for the exploitation of their labour. The Committee notes sections 53, 56 and 57 of the Act respecting foreign nationality and migration, which establish sentences of between four and eight years for any persons who employ men and women of foreign nationality whose status is illegal with a view to exploiting their labour under conditions which prejudice, suppress or restrict the labour rights that would have applied, and sentences of between eight and ten years in cases of the illegal trafficking in persons involving the use of violence, intimidation or deceit, or the abuse of a situation of need, the gender of the victim or vulnerable groups.

The Committee requests the Government to provide information on the application of the provisions referred to above, with an indication of the number of cases in which they have been applied, the investigations that have been conducted, the cases tried and the penalties imposed on those responsible.

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Trafficking in persons

In its previous observations, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU), in which it referred to the “widely reported” trafficking of women and children for prostitution. The Committee noted the Government’s reply, in which it indicated that the ICFTU’s allegations were vague and referred to previous comments made in the context of the Convention. The Committee subsequently noted convergent information from United Nations institutions, namely: the conclusions of the United Nations Committee on Economic, Social and Cultural Rights (document E/C.12/1/Add.56, paragraph 16, of 21 May 2001) in which the latter Committee expressed serious concern at the spread of child prostitution and the incapacity of the State party to resolve these problems; and the concluding observations of the United Nations Committee on Human Rights (document CCPR/CO/71/VEN, paragraph 16, of 26 April 2001), in which that Committee stated that it was deeply concerned “by the information on trafficking in women to Venezuela, especially from neighbouring countries, and by the lack of information […] on the extent of the problem and action to combat it”.

Despite the fact that the Government did not provide any information on this subject, the Committee noted the enactment of various provisions under the terms of which the trafficking in persons could be penalized (including the Basic Act on the Protection of Children and Young Persons of 2 October 1998, article 54 of the Constitution of 30 December 1999 and section 174 of the Penal Code of 20 October 2000) and it requested the Government to provide information on the effect given in practice to these provisions, on the number of prosecutions for trafficking and the penalties imposed.

The Committee expressed the hope that the Government would provide fuller information on the trafficking in humans in the Bolivarian Republic of Venezuela and on the measures adopted to prevent and combat it. Furthermore, noting that the Government had not replied to the general observation of 2000, the Committee invited it to provide the information requested therein.

The Committee regrets to note that in its latest report the Government ignores the request for information made by the Committee in its individual observation relating to the Bolivarian Republic of Venezuela and in the general observation addressed to all governments, and that it repeats that the ICFTU’s comments are vague.

Nevertheless, despite the fact that the Government has not considered it necessary to reply to its request for information, the Committee notes the information contained on the web site of the Ministry of Communication and Information of the Government of the Bolivarian Republic of Venezuela concerning the “important steps” that the Government has taken over the past year in its “extensive measures to combat trafficking in humans”, “to protect the victims, convict the traffickers and provide the police forces and public institutions with the tools to address the problem”.

According to the same government source:

–      in September 2005, the National Assembly of Venezuela adopted the Basic Act against organized crime as a “legislative measure providing the police forces and government institutions with additional tools to combat the trafficking in humans and to impose longer prison sentences on convicted traffickers”;

–      during the first quarter of 2006 a total of 52 victims of trafficking in humans were identified and assisted, constituting an increase of 98 per cent in relation to the same period the previous year;

–      in 2005, a total of 21 individuals were convicted for involvement in the trafficking of humans and another three were under trial during the first quarter of 2006; and

–      in 2006, the National Plan of Action to Prevent, Suppress, Penalize and Provide Global Assistance to Victims of the Trafficking in Persons was adopted, which calls for the participation of government ministries and bodies, NGOs and international cooperation organizations.

Legislation

The Committee notes section 16 of the Act against organized crime, under the terms of which the trafficking in persons and migrants is considered to be an offence in relation to organized crime. The Committee requests the Government to provide information on the provisions applicable to cases in which the trafficking in persons is not committed by organized crime.

The Committee notes that, according to the information contained on the web site of the Ministry of Communication and Information of the Government of the Bolivarian Republic of Venezuela, the Ministry of the Interior and Justice will submit a Bill on the trafficking in persons. The Committee hopes that the Government will provide information on developments relating to the Bill and that it will provide a copy of the Act once it has been adopted.

Penalties

The Committee recalls that, under the terms of Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying the Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee hopes that the Government will provide information on current legal proceedings, the provisions of the national legislation under which legal proceedings have been initiated against those responsible and that it will indicate the penalties that are applied.

Other measures: Protection of victims

The Committee notes that one of the objectives of the National Plan of Action is the formulation of a Protocol to protect and assist victims. The Committee hopes that the Government will provide a copy of the National Plan of Action and the Protocol.

The Committee notes the series of measures that have been adopted and hopes that in future the Government will provide information on any other measures adopted or envisaged to combat the trafficking in persons and to ensure compliance with the Convention.

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The Committee notes the comments of 21 November 2002 by the International Confederation of Free Trade Unions (ICFTU) which were sent to the Government on 3 January 2003 so that it might make any comments it deemed fit.

The ICFTU referred in its comments to "widely reported" trafficking of women and children for the purpose of prostitution. The Committee notes that in its response the Government states that the ICFTU’s allegations are vague and refers to previous comments made in the context of the Convention.

The Committee notes the conclusions of the United Nations Committee on Economic, Social and Cultural Rights (E/C.12/Add.56, 21 May 2001, paragraph 16) in which the abovementioned committee expressed serious concern at the spread of child prostitution and the incapacity of the State party to resolve these problems.

The Committee also notes the concluding observations by the United Nations Committee on Human Rights (CCPR/CO/71/VEN, 26 April 2001, paragraph 16) in which the abovementioned committee stated that it was deeply concerned "by the information on trafficking in women to Venezuela, especially from neighbouring countries, and by the lack of information … on the extent of the problem and action to combat it."

The Committee hopes that the Government will provide fuller information on human trafficking, particularly trafficking in children, in Venezuela and on the measures taken to prevent and combat it. Noting that the Government has not responded to the general observation of 2000, the Committee invites it to provide the information requested therein.

The Committee recalls in this connection that according to Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and any Member ratifying the Convention must ensure that the penalties imposed by law are really adequate and strictly enforced. The Committee notes that a number of provisions have recently been promulgated to allow human trafficking to be punished (inter alia the Basic Act on the Protection of Children and Young Persons, 2 October 1998, article 54 of the Constitution, 30 December 1999, and section 174 of the Penal Code, 20 October 2000). The Committee asks the Government to provide information on the effect given in practice to the abovementioned provisions and on the number of prosecutions for trafficking and the penalties imposed.

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With reference to its previous comments concerning the provisions of the Act of 1956 relating to vagrants and rogues, which empowered the administrative authorities to order internment in a rehabilitation and labour establishment, an agricultural reformatory colony or a work camp, in order to reform vagrants and rogues or to put them out of harm's way, the Committee notes with satisfaction that in the ruling passed on 14 October 1997, the Supreme Court of Justice declared the Act in question to be null and void since it was unconstitutional.

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Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to sections 17, 21 and 23 of the Act of 1956 relating to vagrants and rogues, which empowers the administrative authorities to order internment in a rehabilitation and labour establishment, an agricultural reformatory colony or a work camp, in order to reform vagrants and rogues or to put them out of harm's way. The Committee pointed out that, in accordance with the Convention, work can be exacted from a person only as a consequence of a conviction in a court of law. It requested information on the number of persons who, during a three-year period, had been the subject of such measures, the duration of the measures and the establishments in which those concerned had been detained.

The Committee also requested the Government to take the necessary measures to introduce a more restrictive definition of vagrancy into sections 1 and 2(a) of the above-mentioned Act, since laws which define vagrancy and similar offences in an unduly extensive manner are liable to become, directly or indirectly, a means of compulsion to work, in violation of the Convention.

The Committee noted in its 1994 observation the information supplied by the Government to the effect that, under the above-mentioned provisions, security measures were applied to 476 persons in 1990, 560 persons in 1991 and 911 persons in 1992 and that they were for a duration of between 30 and 36 months.

Despite the fact that the above figures show a tendency for the application of such measures to increase, the Committee noted with interest from the information supplied by the Government that, although the Act relating to vagrants and rogues, which is intended to cover potentially dangerous situations in which no crime has been committed and which allows the jurisdiction of the courts to be transferred to the administrative authorities, has not yet been repealed, there are currently two petitions for the above Act to be declared unconstitutional, the texts of which were supplied by the Government. The Government adds that a draft Code of Sanctions has been submitted to Congress to determine competence for the imposition of sanctions, which would repeal the Act relating to vagrants and rogues.

The Committee notes that the Government states in its latest report that, to date, no decision has been given on the drafts mentioned and that it has requested information from the Supreme Court concerning the petition for the Act respecting vagrants and rogues to be declared unconstitutional; the information will be supplied as soon as it is available.

The Committee recalls that this matter has been the subject of comments for many years and hopes that, in its next report, the Government will be able to state that the provisions of sections 17, 21 and 23 of the Act of 1956 relating to vagrants and rogues has been repealed, thus ensuring compliance with the Convention in this respect.

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The Committee notes the Government's detailed report.

Article 2, paragraph 2(c). In its previous comments, the Committee referred to sections 17, 21 and 23 of the Act of 1956 respecting vagrants and rogues, which empowers the administrative authorities to order internment in a rehabilitation and labour establishment, an agricultural reformatory colony or a work camp, to reform vagrants and rogues or to put them out of harm's way. The Committee pointed out that, in accordance with the Convention, work can only be exacted from a person as a consequence of a conviction in a court of law. It requested information on the number of persons who, during a three-year period, had been the subject of such measures, the duration of the measures and the establishments in which those concerned had been detained.

The Committee also requested the Government to take the necessary measures to ensure a more restrictive definition of vagrancy in sections 1 and 2(a) of the above Act, since laws which define vagrancy and similar offences in an unduly extensive manner are liable to become, directly or indirectly, a means of compulsion to work, in violation of the Convention.

The Committee notes the information supplied by the Government in its report to the effect that, under the above provisions, security measures were applied to 476 persons in 1990, 560 persons in 1991 and 911 persons in 1992 and that they were for a duration of between 30 and 36 months.

Despite the fact that the above figures show a tendency for the application of such measures to increase, the Committee notes with interest from the information supplied by the Government that, although the Act respecting vagrants and rogues (which is intended to cover potentially dangerous situations in which no crime has been committed and which allows the jurisdiction of the courts to be transferred to the administrative authorities) has not yet been repealed, there are currently two petitions for the above Act to be declared unconstitutional, the texts of which were supplied by the Government. The Government adds that a draft Code of Sanctions has been submitted to Congress to determine competence for the imposition of sanctions, which would repeal the Act respecting vagrants and rogues.

The Committee hopes that in its next report the Government will be able to state that the above provisions have been repealed, thereby ensuring observance of the Convention on this point.

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The Committee notes that the Government's report has not been received. 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 raised in its previous direct request:

In its previous direct request, the Committee noted that, under the Act concerning the National Armed Forces, the functions of the armed forces include that of participating in the full development of the country and military service (section 8(d) and (e)). The Committee requested the Government to provide detailed information on the duties carried out in practice by conscripts.

The Committee noted that the information requested was not communicated by the Government. It again expresses the hope that it will be provided in the next report.

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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:

1. Article 2, paragraph 2(c), of the Convention. The Committee has been referring for some years to sections 17, 21 and 23 of the Act of 1956, respecting vagrants and rogues, which empowers the administrative authorities to order internment in an establishment of rehabilitation and labour, an agricultural reformatory colony or a work camp, to reform vagrants and rogues or to put them out of harm's way. The Committee noted the information provided by the Government on various occasions since 1970, to the effect that the Congress of the Republic is studying a draft text to reform the Penal Code, section 113 which provides that security measures may be imposed only by the judicial authorities. The Committee asked for detailed information on the number of persons who had been the subject, during the past three years, of security measures involving the obligation to work, the duration of these measures and the establishments in which those concerned had been detained. The Committee noted that, according to the Government's report for the period ending 30 June 1989, no further progress had been made in the revision of the Penal Code, and that the report did not contain the information requested concerning the application, in practice, of the provisions in question. The Committee had expressed the hope that the Act respecting vagrants and rogues would be amended in the near future to ensure that the administrative authorities may not impose sanctions involving the obligation to work, thereby securing compliance with the Convention on this point. 2. The Committee has observed in previous comments that the Act concerning vagrants and rogues defines as vagrants, liable to be subjected to security measures, those persons, in particular, who habitually and unwarrantedly abstain from carrying on a lawful occupation or trade and are therefore a threat to society (sections 1 and 2(a)). The Committee has indicated that laws defining vagrancy and similar offences in an unduly extensive manner are liable to become, directly or indirectly, a means of compulsion to work, in violation of the Convention. The Committee requested the Government to take the necessary measures to ensure a more restrictive definition of vagrancy in the Act concerning vagrants and rogues, so that penalities for vagrancy can be imposed only on those who, in addition to abstaining habitually from work, disturb the public order by begging, failing to support their dependents, or engaging in any specific illegal action in addition to abstaining from work, and that it will report on progress made in this regard.

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

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In its previous direct request, the Committee noted that, under the Act concerning the National Armed Forces, the functions of the armed forces include that of participating in the full development of the country and military service (section 8(d) and (e)). The Committee requested the Government to provide detailed information on the duties carried out in practice by conscripts.

The Committee notes that the information requested is not contained in the Government's report and hopes that it will be provided in the next report.

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The Committee notes the Government's report.

1. Article 2, paragraph 2(c), of the Convention. The Committee has been referring for some years to sections 17, 21 and 23 of the Act of 1956, respecting vagrants and rogues, which empowers the administrative authorities to order internment in an establishment of rehabilitation and labour, an agricultural reformatory colony or a work camp, to reform vagrants and rogues or to put them out of harm's way. The Committee noted the information provided by the Government on various occasions since 1970, to the effect that the Congress of the Republic is studying a draft text to reform the Penal Code, section 113 which provides that security measures may be imposed only by the judicial authorities. The Committee asked for detailed information on the number of persons who had been the subject, during the past three years, of security measures involving the obligation to work, the duration of these measures and the establishments in which those concerned had been detained.

The Committee notes that, according to the Government's report, no further progress has been made in the revision of the Penal Code, and that the report does not contain the information requested concerning the application, in practice, of the provisions in question.

The Committee trusts that the Act respecting vagrants and rogues will be amended in the near future to ensure that the administrative authorities may not impose sanctions involving the obligation to work, thereby securing compliance with the Convention on this point.

2. The Committee has observed in previous comments that the Act concerning vagrants and rogues defines as vagrants, liable to be subjected to security measures, those persons, in particular, who habitually and unwarrantedly abstain from carrying on a lawful occupation or trade and are therefore a threat to society (sections 1 and 2(a)). The Committee has indicated that laws defining vagrancy and similar offences in an unduly extensive manner are liable to become, directly or indirectly, a means of compulsion to work, in violation of the Convention.

The Committee requests the Government to take the necessary measures to ensure a more restrictive definition of vagrancy in the Act concerning vagrants and rogues, so that penalities for vagrancy can be imposed only on those who, in addition to abstaining habitually from work, disturb the public order by begging, failing to support their dependents, or engaging in any specific illegal action in addition to abstaining from work, and that it will report on progress made in this regard.