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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the legislative and institutional framework established to combat trafficking in persons, including the adoption of Act No. 18.250 of 17 January 2008 on migration, defining the elements which constitute trafficking in persons (section 78); the establishment of an inter-institutional body to combat the trafficking of women for sexual exploitation; and the specialization of certain courts and prosecutors in organized crime, including trafficking in persons. The Committee requested the Government to provide information on the judicial proceedings initiated under Act No. 18.250 and the measures taken to strengthen the coordination and means of action available to those responsible for combating the trafficking of persons and protecting the victims.

In its report, the Government provides detailed information on the measures taken in this regard, in particular in the context of the activities carried out by the inter-institutional body to combat the trafficking of women, which is working to develop an inter-institutional action protocol and a project to take measures for the development of a public policy on the trafficking of women and girls for sexual exploitation. Inter-institutional tools, such as guides and operational protocols, have also been developed, for instance for embassies and consular services; comprehensive assistance for victims has been improved through the establishment of psychological, social and legal support services, the strengthening of the respective units and their training, and the development of records; awareness-raising and training activities have been carried out for competent officials (including in the departments of Río Negro, Colonia, Sorianoy and Paysandú); information campaigns and publications have been disseminated (including a book on the trafficking of women for commercial sexual exploitation in Uruguay and a brochure entitled “If you are going to travel, make sure you can come back”). The Government also provides data concerning the 23 women who received protection from the pilot service responsible for the protection of female victims of trafficking for sexual exploitation between April 2010 and April 2012.

The Government also refers to a series of factors which make the domestic sector one of the sectors in which workers are particularly vulnerable to trafficking in persons for labour exploitation. The Government indicates that particular attention must therefore be paid to this sector. The number and quality of inspections in this sector have risen and, for the first time, judicial authorization has been issued for the labour inspection services to enter a private residence.

The Committee notes that this information bears witness to the Government’s will to combat trafficking in persons and it encourages the Government to continue taking measures for the prevention of trafficking in persons and the protection of victims. The Committee requests the Government to provide information in this respect and particularly on the activities carried out by the inter-institutional body to combat the trafficking of women for sexual exploitation. Noting that the measures taken up to now have mainly focused on combating the sexual exploitation of women, the Committee requests the Government to indicate the measures taken to combat the trafficking of men and women for labour exploitation. Please in particular supply information on the domestic sector, identified by the Government as a sector at risk. Finally, the Committee would be grateful if the Government would specify whether legal procedures have been initiated under section 78 of Act No. 18.250 on migration, and the penalties imposed. Please indicate the obstacles encountered in this regard by the prosecuting and judicial authorities specialized in organized crime and measures taken to overcome them.

Article 2(2)(c). Prison labour. The Committee notes that Act No. 18.786 of 19 August 2011 authorizes recourse to public–private partnerships for the development of certain types of infrastructure and the provision of related services. The types of infrastructure cited in the Act include the construction of prisons. In this respect, the Committee notes that there is a construction project for a prison for which the Ministry of the Interior made a call for tenders in December 2012. The Committee requests the Government to specify whether the issue of prison labour is regulated in the public–private partnership contract, and to indicate whether the private entity selected for the financing and construction of the prison has to comply with certain requirements regarding the provision and management of prison labour. If so, please indicate the conditions governing the work provided to prisoners within the framework of a jointly managed prison.