Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Cuba (Ratification: 1953)

In its previous comments, the Committee noted the observations of the Independent Trade Union Coalition of Cuba (CSIC) concerning the bilateral cooperation agreements signed between Cuba and a number of countries for which Cuba has undertaken to provide skilled labour, especially in the area of health, in exchange for a certain amount of foreign currency. The CSIC considered that the professionals’ initial acceptance to take part in these programmes was nullified during the execution of their contracts due to practices restricting their professional freedom. In its reply to these allegations, the Government underscored the voluntary nature of participation in these cooperation programmes and specified the information available to the participants and the manner in which the contracts are negotiated and signed, pointing out that participants sign an agreement authorizing part of their wages to be used to fund the health-care system in Cuba. The Committee asked the Government to indicate how participants may terminate their contracts and to provide additional information on the manner in which wages are paid and the percentage that is withheld to fund the Cuban health-care system.

In its report, the Government indicates that, under the bilateral agreements signed between the Cuban Ministry of Health and the Ministries of Health of the countries concerned, Cuban professionals work in over 60 countries. They maintain their employment relationship with the entity that employs them in Cuba and guarantees the payment of their wages (which are paid to a member of their family in Cuba). Moreover, in the host country, they receive an allowance to help them meet their needs, which varies according to the standard of living in the country and the terms approved in the cooperation agreement that they sign. The Government indicates that participants undertake these missions on a voluntary basis and are not coerced in any way. Moreover, if for any reason the participants wish to return to Cuba, the Cuban State covers the cost of their return by air. The Committee notes that, in its observations that were previously provided, the Worker’s Central Union of Cuba (CTC) communicated similar information to that transmitted by the Government.

The Committee notes all the information provided and requests the Government to continue to ensure that the conditions of work of the participants correspond to those agreed in the cooperation agreement signed prior to their departure (in terms of working hours, allowance, freedom of movement, etc.) and that participants are able to access remedies should they encounter any difficulties in the host country.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and forced prostitution. The Committee previously referred to section 302.1 of the Penal Code criminalizing trafficking in persons for sexual exploitation and procuring and noted that the current wording of the section failed to cover trafficking for labour exploitation and domestic trafficking. The Committee also asked the Government to indicate the measures taken to continue combating forced prostitution and trafficking in persons and to protect victims.

The Committee notes that the Government refers to the adoption of the National Plan of Action to Prevent and Combat Trafficking in Persons and Protect Victims (2017–20) and its “zero tolerance” policy vis-à-vis all types of trafficking and other crimes related to sexual, labour or other forms of exploitation. It describes the various measures taken by the Ministries of Education, Health and Labour to raise awareness of trafficking, train teachers and social workers, combat discrimination and stigmatization, and guarantee that potential victims have access to assistance and specialized support, including in the framework of partnerships with civil society. At the legislative level, the Government refers to the legal framework protecting the rights of workers, particularly minors, with a view to reducing their vulnerability to trafficking in persons. Moreover, the National Labour Inspection Office uses a methodology specifically intended to detect cases of forced labour and trafficking in persons, and inspectors receive specific training in this regard. Lastly, the Government indicates that in 2015 the courts dealt with 52 cases of procuring and trafficking in persons and that, in four of these cases, found that acts of trafficking had been committed.

The Committee notes all the information provided and encourages the Government to continue its “zero tolerance” policy vis-à-vis all types of trafficking and other crimes related to sexual, labour or other forms of exploitation. It hopes that the Government will take the necessary measures to implement the various aspects of the National Plan of Action to Prevent and Combat Trafficking in Persons and Protect Victims (2017–20). Please specifically indicate whether the Inter-ministerial Committee envisaged in the Plan has been established and the actions that it has carried out.

Lastly, while noting the information provided on the legal framework protecting the rights of workers and the penalties established for violations, the Committee nevertheless considers that it would be advisable to complete the definition of trafficking in persons laid down in section 302.1 of the Penal Code so that it covers trafficking for labour exploitation and domestic trafficking. While trafficking in persons for labour exploitation is generally characterized by the violation of several provisions of the labour legislation, it is also a penal offence for which strict and adequate criminal penalties must be imposed, in accordance with Article 25 of the Convention. The Committee requests the Government to provide information on the measures taken to complete the penal legislation in this regard and, in the meantime, requests the Government to provide information on the judicial procedures under way and, where applicable, on the penalties imposed in cases of trafficking in persons for sexual exploitation and labour exploitation.