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

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

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

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

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