Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - Lao People's Democratic Republic (Ratification: 1964)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted that section 134 of the amended Penal Law No. 56/NA punishes human trafficking and that section 49 of the Law on Development and Protection of Women prohibits trafficking in women and children. It requested information on the application of these provisions in practice.

The Committee notes an absence of information on this point in the Government’s report. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 8 April 2011, expressed concern that the country was one of origin, transit and destination for victims of trafficking for the purposes of forced labour and sexual exploitation (CRC/C/LAO/CO/2, paragraph 67). It also notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 13 April 2012, expressed concern that human trafficking remained a serious problem (CERD/C/LAO/CO/16-18, paragraph 13). The Committee urges the Government to strengthen its efforts to combat trafficking in persons, and to provide information on the measures taken in this regard. It requests the Government to provide information, in its next report, on the application in practice of section 134 of the amended Penal Law No. 56/NA and section 49 of the Law on Development and Protection of Women, including the number of investigations, prosecutions, convictions and specific penalties imposed.

2. Freedom of civil service employees to terminate employment. The Committee notes the copy of the Decree on Civil Service of 2003 submitted with the Government’s report. Section 87(3) of the Decree states that employment may be terminated through voluntary resignation. Section 89 of the Decree states that civil servants can voluntarily resign from their jobs by requesting approval from the responsible organization. The Committee requests the Government to provide information regarding whether a request for approval made by a civil servant for resignation may be refused by the responsible organization and, if so, what are the grounds for refusal.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that section 3(10) of the amended Labour Law No. 06/NA, 2006, prohibited the imposition on workers of any form of compulsory labour which is inconsistent with the employment contract. Section 75 of the Labour Law provides for sanctions for the violation of the Law, such as a warning, a fine, temporary suspension from work, as well as “legal action taken in accordance with the degree of violation, including compensation for the losses caused” by such violation.

The Committee notes the Government’s indication that it has taken steps toward the amendment of the Labour Law, including consultations with the representative organizations of workers and employers. The Government indicates that the amended bill has not yet been adopted by the National Assembly. In this regard, the Committee recalls that pursuant to Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence and the penalties imposed by law shall be really adequate and strictly enforced. The Committee accordingly requests the Government to take measures, within the context of the revision of the Labour Law, to ensure that adequate penalties are provided for persons who impose forced or compulsory labour. It also requests the Government to provide information on measures taken in this regard, and to provide a copy of the amended Labour Law, once adopted.