Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Chile (Ratification: 1933)
Protocol of 2014 to the Forced Labour Convention, 1930 - Chile (Ratification: 2021)

Follow-up to the representation submitted under article 24 of the ILO Constitution. The Committee recalls that in November 2008 the Governing Body had adopted the report of the tripartite committee set up to examine the representation submitted by the Colegio de Abogados de Chile alleging non observance of Convention No. 29 by the Government of Chile. The Committee requested the Government to provide information on the measures taken to give effect to its recommendations in its reports on the application of the Convention. It particularly asked the Government to review the overall functioning of the “duty lawyer roster system” in order to ensure that the system did not prejudice the free exercise of the profession of lawyer; and to take the necessary measures to ensure that such a review took into account the volume of work imposed, the frequency of assignments, the financial losses incurred and the excessive nature of the sanction that is currently envisaged.

In its report, the Government provides information on reforms that have been introduced to legal proceedings applying to matters under criminal, labour and family law – reforms that have had an impact on the amount of work carried out by duty lawyers. The Government draws particular attention to the institutionalization of low-income persons appearing before the criminal and labour courts by means of the “Defensoria Penal” and the “Defensoria Laboral”. As for matters under civil and family law, the Government states that the defence of low-income persons continues to be carried out by “legal aid corporations” and, alternatively by a roster of duty lawyers. In this context, the Government points out that a bill is being examined with a view to improving the functioning of legal aid corporations, and that, in the case of family matters, Act No. 20.286 of 2008 has introduced changes to family court proceedings, which should result in less recourse to duty lawyers. Finally, the Government states that on 29 July 2009, the Constitutional Court ruled that the unpaid nature of legal aid provided by duty lawyers was unconstitutional.

The Committee notes all the improvements and changes made to the various systems designed to guarantee legal aid to persons with a low income. The Committee points out that, as the Governing Body requested when examining the representation made by the Colegio de Abogados de Chile, these changes might help to ensure that this system of duty lawyers operates within the reasonable limits of proportionality with respect to the volume and frequency of work imposed on these lawyers. In this respect, the Committee notes with interest the ruling of the Constitutional Court, which considered the unpaid nature of this legal aid to be unconstitutional. Consequently, the Committee requests the Government to specify in its next report the measures that have been taken to implement this Constitutional Court ruling and to indicate whether it has an impact on all persons (“erga omnes” effect) or only on those involved in the dispute. It also asks what measures have been taken to ensure financial compensation to duty lawyers for the cases to which they have been assigned. The Committee further requests the Government to provide information on the follow up to the Bill designed to improve the functioning of legal aid corporations and on the repercussions of these improvements on the number of cases handed over to duty lawyers.

Articles 1(1), 2(1) and 25 of the Convention Trafficking of persons. The Committee notes the adoption of Act No. 20.507 of 8 April 2011, which spells out the components constituting the major offenses of the illegal trafficking of migrants and trafficking of persons, and establishes standards with a view to preventing and effectively curbing these offenses. The Committee notes with interest that this Act adds a new section 411quater to the Penal Code, which makes the trafficking of persons a criminal offense and makes anyone committing this offence liable to a term of imprisonment ranging from three to five years. The Act also stipulates that the Public Prosecutor shall adopt all measures necessary to guarantee the protection of the victims of trafficking throughout the criminal proceedings, particularly taking account of the fact that they are in a vulnerable situation. Furthermore, foreign victims who do not have a permanent residence permit may apply for a temporary residence permit for a minimum period of six months, during which time they may decide whether to instigate legal proceedings or take steps to give them legal status in the country.

The Committee requests the Government to provide information on the extent of trafficking of persons in Chile and on the application of this new legislation in practice. Please, also provide information on the difficulties encountered by the public authorities to identify the victims and combat the trafficking in persons and, where appropriate, on the measures taken to overcome them; the measures taken by the Public Prosecutor to guarantee the protection of the victims throughout the legal proceedings; and the number of victims who have received a temporary residence permit and the number of those who have accepted to be involved in legal proceedings. Finally, the Committee requests the Government to send information on legal rulings handed down on the basis of the new section 411quater of the Penal Code.

Article 2(2)(c). Prison labour in prisons operated under concession. The Committee notes that in reply to its previous direct request, the Government confirms that the work of prisoners for a private enterprise in prisons, whether or not these prisons are operating under concession, is carried out under a contract subject to the labour legislation in force. As regards the prisons operating under concession, the Government specifies that it is clearly stipulated in the contract documents concerning the invitation to tender that prisoners working for private enterprises, including those operating under concession, must be entitled to a contract subject to the general labour legislation provisions applying on the free marketplace.