Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Uruguay (Ratification: 1995)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that section 78 of Migration Act No. 18.250 of 17 January 2008 defines the elements which constitute trafficking in persons and provides for prison sentences from four to 16 years. The Committee also notes that section 80 extends protection to persons who report such crimes, to the victims of trafficking and to witnesses and their families in accordance with sections 13 and 14 of Act No. 18.026 of 25 September 2006 concerning cooperation with the International Criminal Court against genocide, war crimes and crimes against humanity. This allows for better participation of victims in judicial proceedings and provides protection and assistance. These provisions also recognize the State’s responsibility in providing full compensation for the moral prejudice and material damage suffered by victims of trafficking.

The Committee likewise takes note of the May 2011 report of the Special Rapporteur on the trafficking of persons, especially women and children, following her visit to Uruguay in September 2010 (A/HRC/17/35/Add.3). The Committee notes that, according to that report, the Government established an inter-institutional round table in 2008 to address the problem of trafficking of women for sexual exploitation. This round table resulted in the formulation of a number of recommendations. Moreover, certain courts and prosecutors have specialized in dealing with organized crime, including trafficking in persons. The Committee observes that the Special Rapporteur stressed the lack of comprehensive data on the trends of trafficking in persons for labour exploitation, the poor coordination of anti-trafficking activities, as well as the lack of identification mechanisms and of services for providing victims with direct assistance.

The Committee requests the Government to provide in its next report detailed information on the measures taken to combat trafficking in persons, either for sexual exploitation or labour exploitation purposes. Please specify any measures taken to implement the recommendations made by the inter-institutional round table established to address the problem of trafficking in persons. The Government is also requested to provide information on the measures taken to improve the training, coordination and means available to those responsible for combating the trafficking of persons (labour inspectorate, police and the courts). Please also provide information on judicial proceedings initiated under section 78 of Migration Act No. 18.250. Finally, the Committee requests the Government to provide information on the steps taken to ensure the protection of victims of trafficking, especially through the establishment of bodies for their psychological, medical and legal support so as to ensure the social reinsertion of these victims and allow them to assert their rights.