Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

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.