Forced Labour Convention, 1930 (No. 29) - Argentina (Ratification: 1950)
Protocol of 2014 to the Forced Labour Convention, 1930 - Argentina (Ratification: 2016)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the ratification by Argentina of the Protocol of 2014 to the Forced Labour Convention, 1930. It requests the Government to provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

The Committee notes the observations of the Confederation of Workers of Argentina (CTA Autonomous) of 31 August 2021, and the General Confederation of Labour of the Argentine Republic (CGT RA) of 1 September 2021.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Institutional framework. The Committee notes from the final evaluation report of the Biennial National Plan to Combat the Trafficking and Exploitation of Persons for 2018–20, attached to the Government’s report, that, out of a total of 111 actions foreseen under the action plan, 80 per cent have been carried out. The Government indicates that, while the main objectives established under the action plan have been achieved, the context arising from the COVID-19 pandemic had a significant impact on the implementation of certain activities. The Committee notes the numerous awareness-raising and training actions carried out on trafficking and labour exploitation, particularly through information campaigns, the distribution of leaflets, and in-person and online training activities. The Committee also notes the adoption of the National Plan to Combat the Trafficking and Exploitation of Persons for 2020–22, drafted by the executive committee of the Federal Council to Combat the Trafficking and Exploitation of Persons and to Protect and Assist Victims, with the contribution of 44 agencies acting at the national, provincial and municipal level, and in collaboration with the ILO and several stakeholders from civil society. The National Plan contains 100 actions focusing on four main areas, namely: prevention; assistance to victims; prosecution; and coordination and strengthening of the institutional framework. The Committee also notes that 25 institutional round tables for preventing and combatting trafficking in persons were established, with the specific aim of contributing to the continuous training of public servants on trafficking in persons, widely disseminating the number of the free helpline to report situations involving trafficking, developing diagnostic tools to better prevent trafficking, and coordinating efforts in that area. The Commission notes, in this regard, that the CGT RA and the CTA Autonomous underscore the importance of this inter-institutional work, which, from their point of view, must be continued and deepened, in order to effectively end trafficking and labour exploitation.

The Committee welcomes the continued strengthening of the institutional framework to combat trafficking in persons, and requests the Government to continue to take the necessary measures to effectively implement the four main lines of action under the National Plan to Combat the Trafficking and Exploitation of Persons for 2020–22. The Committee requests it to provide information on the diagnostic tools developed and the evaluation reports drafted in this regard, and on the impact of the measures taken and the difficulties encountered, as well as the activities carried out under the framework of the Federal Council to combat the trafficking and exploitation of persons and to protect and assist victims, and the interinstitutional round tables for preventing and combatting the trafficking of persons established at the provincial level.

Action by the labour inspectorate. The Committee notes the Government’s indication that a special procedure has been established to review the indicators of labour exploitation that may be identified by labour inspectors during their activities, in accordance with Ministry of Labour Resolution No. 230/18 of 12 June 2018. Furthermore, in 2020, a practical guide was specially designed for inspectors to help them better understand the issues and mechanisms that allow for situations involving trafficking and labour exploitation to be identified and reported. This guide, a copy of which is contained in an annex to the Government’s report, identifies three main indicators of labour exploitation: (1) the duration of the working day; (2) the remuneration received; and (3) the work environment and working conditions, and explains how to fill in the report on labour exploitation indicators (Acta IEL). Where applicable, labour inspectors are required to report to the free helpline of the Ministry of Justice and Human Rights in order for the situation observed to be addressed as a matter of priority and, if necessary, request intervention by the security forces and judicial authorities. The Committee notes that several in-person and online activities have been organized to train labour inspectors on the use of these new tools. It notes that the labour inspectorate conducted 191,903 inspections in 2018, and 146,926 inspections in 2019, despite a reduction in staff numbers (342 inspectors in 2018 compared with 321 in 2019). The Committee also notes the detailed information provided by the Government on the work methods of the Special Unit for the Inspection of Irregular Work (UEFTI). The UEFTI carried out several monitoring exercises, including in collaboration with trade union organizations, which combined several sources of information such as: (1) the number of workers declared on the public registry of employers (REPSAL); (2) the number of workers officially covered by collective agreements concluded with enterprises in the agricultural sector (collective co-responsibility agreements (convenios de corresponsabilidad gremial)); (3) the regular production of an enterprise for a given period; and (4) the number of workers normally required to manage this workload. These inspection activities are mainly carried out in the agricultural sector and have also involved the use of video surveillance tools, such as drones and manual video devices, which are specially adapted for use in remote regions.

The Committee notes with interest the activities and new tools developed by the inspection services to identify situations involving labour exploitation. The Committee encourages the Government to pursue this course of action and to continue to take measures to strengthen the capacity for action and resources of the labour inspection services throughout the country, and in particular in the sectors in which the incidence of forced labour is well known, in order to identify situations involving labour exploitation, and particularly trafficking in persons for the purpose of labour exploitation, and to gather evidence, punish violations, and collaborate with other bodies responsible for enforcing the law.

Repression and imposition of penalties. The Committee notes the detailed information provided by the Government on the awareness-raising and training actions undertaken by the General Prosecution Service and by its special unit, PROTEX, with regard to repressing trafficking in persons. The Committee notes in particular that, in 2018 and 2019, several actions were aimed at ensuring training for judges and officials in the judicial field, as well as members of the security forces. The Committee also notes that PROTEX participated in different exchanges of best practices with Brazil in the context of a South–South cooperation programme among Brazil and Argentina, and other countries (Bolivia, Colombia, Ecuador, Peru and Venezuela), implemented by the ILO. The Committee notes that, according to PROTEX’s 2020 report, the free helpline received 3,525 complaints in 2018 and 2019, of which 472 concerned cases of labour exploitation, and 82 per cent were submitted to the judicial authorities. Since 2012, a total of 20,719 complaints were received via the helpline. Furthermore, according to the statistical information provided by the Government, between 2018 and 2019, 125 legal proceedings were instituted in cases of trafficking (35 cases of trafficking for the purpose of labour exploitation and 83 for the purpose of sexual exploitation). For the same period, 85 convictions were handed down, of which 23 were in cases of labour exploitation and 59 were in cases of sexual exploitation. The Committee urges the Government to pursue its efforts to ensure that all identified cases of trafficking be subject to in-depth investigations with a view to prosecution, and to allow for the imposition of dissuasive penalties for persons engaged in trafficking. The Committee requests the Government to continue to provide information on the activities carried out by PROTEX, including on its collaboration with other bodies responsible for enforcing the law, and on the number of investigations and prosecutions carried out in cases of trafficking for the purpose of labour or sexual exploitation, and on the number of convictions handed down and penalties imposed.

Combating complicity and corruption in the police forces. The Committee notes that, according to the information communicated by PROTEX with the Government’s report, thanks to the reports received anonymously through the free helpline, 117 cases of complicity of law enforcement officials were identified in 2018 in cases of trafficking or labour exploitation, and 110 cases in 2019. However, due to the anonymity of the complainants and the sometimes-vague allegations in the majority of the complaints made, PROTEX indicates that it was only able to conduct investigations in 10 per cent of cases. One conviction for complicity was handed down against an official in 2019, and none in 2018. The Committee observes with concern the lack of more specific information from the Government with regard to the possible measures envisaged to put an end in practice to cases of corruption and complicity by law enforcement officials in cases of trafficking in persons, although only one conviction for complicity was handed down against an official, and the General Prosecution Service reported difficulties in this area. The Committee urges the Government to continue to take proactive measures to ensure that investigations are duly conducted in cases of corruption and the complicity of law enforcement officials, and that appropriate and dissuasive penalties are imposed. The Committee requests the Government to provide detailed information on the measures implemented for this purpose and their impact, and updated information on the number of cases registered and prosecuted, as well as the penalties imposed.

Protection and assistance to victims. The Committee notes that, according to the statistical information provided by the Government, between 2008 and 2022, assistance was provided for 18,220 victims of trafficking in persons (6,460 victims since 2018), of which 57 per cent were victims of labour exploitation, under the National Programme of Assistance and Support for Victims of Trafficking in Persons (Rescate). The Committee also notes the Government’s indication that, in the context of the implementation of the action plan to combat the trafficking and exploitation of persons for 2020–22, in addition to the psychological, medical and legal assistance already provided for victims of trafficking, a framework agreement was signed in August 2021, with a view to facilitating their access to housing (agreement signed between the Ministry of Territorial Development and Habitat and the executive committee to combat the trafficking and exploitation of persons and assistance to victims). Concerning the strengthening of resources dedicated to the assistance of victims of trafficking, the Committee welcomes the adoption of Act No. 27.508 of 23 July 2019 establishing direct assistance funds for trafficking victims, regulated by Decree No. 844/2019 of 6 December 2019, and financed through the confiscation and seizure of property derived from the offence of trafficking, in order to ensure adequate redress for victims of trafficking. The Committee requests the Government to provide information on the implementation of procedures aimed at allocating the amounts from the fines imposed and property seized, following the identification of offences in the area of trafficking in persons, to programmes and funds for the provision of assistance to victims, and to indicate the manner in which these resources are used. It also requests the Government to provide information on the assistance provided in this context and the number of victims of trafficking who have received this assistance.

2. Labour exploitation in the garment sector and in agriculture. The Committee notes that, in their respective observations, the CTA Autonomous and the CGT RA indicate that trafficking and labour exploitation of persons in the garment sector persist, particularly in sweatshops in the city of Buenos Aires. These organizations indicate that the victims are mainly migrant workers, in particular from Bolivia, and that, despite the lack of official statistical data, it is estimated that around 70 per cent of the products manufactured in the garment sector are of irregular origin. The CTA Autonomous and the CGT RA add that these workers often have their passport confiscated, have to work long hours while confined together in a small room, often without ventilation, and receive low pay. In this regard, the Committee notes that, according to the report published in 2020 by the PROTEX, out of the 38 complaints of trafficking for the purpose of labour exploitation received in the first six months of 2020, five concerned cases of exploitation in sweatshops in the southern province of the city of Buenos Aires.

Regarding the agricultural sector, the CTA Autonomous and the CGT RA refer to the significant number of victims of trafficking and labour exploitation in the agricultural sector identified in recent years, following several interventions carried out by the labour inspectorate, particularly in the provinces of Rio Negro, La Rioja, Corrientes, Santa Fe and Santiago del Estero. The CTA Autonomous indicates that these agricultural workers were often paid less than the minimum wage, worked long hours and lived and worked in dangerous, precarious and degrading conditions, slept in tents without access to drinking water. According to the CTA Autonomous, collaboration between trade union organizations and various competent State bodies made it possible to identify several cases of trafficking and labour exploitation in the agricultural sector, which quickly led to prosecutions before PROTEX and to the activation of victim protection and assistance mechanisms.

The Committee notes the Government’s indication in its report that a cooperation agreement was signed on 26 March 2019 between the Ministry of Labour and the National Register of Agricultural Workers and Employers (RENATRE), with a view to implementing joint inspection activities to identify undeclared work. It also refers to the work carried out to identify and disseminate the indicators of labour exploitation and child labour in the agricultural sector. The Committee notes that, according to PROTEX’s 2020 report, in the first six months of 2020, 47 per cent of the complaints received concerning cases of labour exploitation in the agricultural sector, of which seven cases required urgent intervention by security forces. Furthermore, between July 2020 and July 2021, the labour inspectorate services identified 26 cases of trafficking for the purpose of labour exploitation in the agricultural sector concerning 222 workers, following joint actions carried out with RENATRE and other trade union organizations.

The Committee notes with concern from the above information that there is still recourse to forced labour in the garment sector and in agriculture.

Referring to its comments above on strengthening the general institutional framework to combat trafficking in persons, the Committee requests the Government to step up the efforts to combat all forms of labour exploitation, including the trafficking of persons for the purpose of labour exploitation, in the garment sector and in agriculture, and to continue to provide information on the targeted measures taken in this regard, particularly in collaboration with workers’ and employers’ organizations.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Workers of Argentina (CTA Workers) of 1 September 2017, as well as the Government’s reply to the previous observations of the CTA workers of 25 August 2014 concerning difficulties in the application of the Act No. 24.660 on the execution of sentences of detention, 1996, in relation to work done by prisoners carried out for the benefit of private entities.

Article 2(2)(c) of the Convention. Prison labour. The Committee previously noted the establishment of the Single Union of Workers Deprived of Freedom of Movement (SUTPLA) in 2012 which constitutes an additional element approximating the conditions of work of prisoners for private entities to those of free workers. The Committee takes note of the adoption of Act No. 27.375 of 28 July 2017 amending Act No. 24.660, as well as of the study on prison labour published in 2017 by the Office of the Procurator of Prisons (Procuración Penitenciaria de la Nación), both forwarded by the Government. It notes that this study comes in response to a Criminal Court ruling of 1 December 2014 which concluded that work done by prisoners should be regulated by labour provisions and suggested that the Agency for technical and financial cooperation with the prison service (ENCOPE), in collaboration among others with the Office of the Procurator of Prisons, shall draft labour regulations for persons deprived of their liberty. It notes that this study contains the main proposals formulated by the Office of the Procurator of Prisons in this regard. Noting that, according to the study, 70 per cent of the prisoners were working in 2016 (compared to 40 per cent in 2010), the Committee notes the CTA workers’ indication that according to section 110 of Act No. 24.660, while a prisoner cannot be forced to work, such refusal will be considered as a “medium fault” having an impact on the appreciation of the prisoner’s behaviour, thus resulting in indirect coercion to work in practice. Noting that the first National Action Plan on Human Rights 2017–20 set as an explicit objective to increase to 75 per cent the number of persons involved in prison labour, the Committee invites the Government to provide information on the application of section 110 of Act No. 24.660 in practice, including on any sanctions that may be imposed on a prisoner for the “medium fault” resulting from his or her refusal to work, as well as statistical information on the number of prisoners sanctioned in this regard. It further requests the Government to provide updated information on the drafting process of any labour regulations that would specifically regulate prison labour to better implement the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Workers of Argentina (CTA Workers) and the General Confederation of Labour of the Argentine Republic (CGT RA), both of 1 September 2017, and the observations of the Confederation of Workers of Argentina (CTA Autonomous) of 1 and 6 September 2017, as well as the Government’s replies.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the numerous measures taken by the Government to strengthen its legal and institutional framework to combat trafficking in persons for labour and sexual exploitation and invited the Government to pursue its efforts and to strengthen coordination between the different actors involved in combating trafficking in persons to ensure better judicial response and better protection of victims.

The Committee notes the CTA Autonomous’s indication that despite legal and institutional strengthening to combat trafficking in persons, difficulties still remain in practice. It further notes that, according to the 2018 report published by the Prosecution Unit for Combating Human Trafficking and Exploitation (PROTEX), the major part of the 563 complaints of trafficking for labour exploitation received through the free national telephone helpline, in 2016 and 2017, referred to the garment and agricultural sectors (30 per cent and 28 per cent of the complaints received, respectively).

(a) Labour exploitation in the garment sector. The Committee notes the CTA Autonomous’s indication concerning trafficking and labour exploitation in sweatshops, and more particularly a 2015 sweatshop fire which resulted in the death of eight workers. It notes the Government’s indication that, on 30 March 2016, the persons who were found responsible for the sweatshop were condemned to 13 years of imprisonment for slave labour by the Criminal Court. The Committee further notes that, according to the CTA Autonomous, the Federal Police was informed of the existence of more than 200 sweatshops and, in 2015, 1,153 labour inspections were conducted in the Buenos Aires city in buildings where sweatshops were believed to be operating. Infractions were detected in 436 places and 286 sites were closed. It further takes note of a study on the situation of the textile workshops in the Buenos Aires city, published in December 2016 by the Ministry of Labour, Employment and Social Security, forwarded by the Government, according to which more than 70 per cent of the sewing workers are involved in sweatshops, and 70 per cent of the victims of informality, trafficking and labour exploitation in the textile workshops are migrant workers. The Committee notes the Government’s indication, in its reply to the observations made by the CTA Autonomous, that training activities were provided to labour inspectors in order to help them better identify possible victims of trafficking in forced labour situations and that a specific form to be annexed to inspection reports was elaborated on the basis of the ILO forced labour indicators. The Government adds that several awareness-raising activities on sweatshops were conducted, in collaboration with the ILO, for labour inspectors between 2014 and 2017, and that a specific focus was put in 2017 on the textile workshops which resulted in the inspection of 70 workshops, out of which seven were closed.

(b) Labour exploitation in the agricultural sector. The Committee notes the CTA Autonomous’s indication that agricultural workers are particularly exposed to trafficking in persons as a result of a high percentage of informality and numerous cases of forced labour which were identified in this sector. The CTA Autonomous adds that, as a result of the establishment of the National Register of Agricultural Workers (RENATEA) and mobile registration units which helped in registering agricultural workers in remote areas, more than 15,000 potential victims of trafficking were identified. The Committee however notes the concerns expressed by the CTA Autonomous about the dissolution of the RENATEA in 2016, which was replaced by the previous RENATRE (National Register of Agricultural Workers and Employers) from 1 January 2017. According to CTA Autonomous, while some progress was made with the RENATEA, no positive achievement was made concerning labour inspections in the agricultural sector in 2017.

Noting certain measures taken by the Government, the Committee requests it to strengthen its efforts to effectively identify and combat trafficking in persons, in particular in the garment and agricultural sectors and to continue to provide information on the concrete measures taken in this regard. It also requests the Government to provide information on the number of victims of trafficking in persons who have been identified in these sectors, disaggregated by gender and nationality.

Legal and institutional framework. The Committee previously noted the adoption of Act No. 26.842 of 2012 on the prevention and punishment of trafficking in persons and assistance to victims which simplified the definition of trafficking in persons contained in section 145bis and ter of the Penal Code. This Act provides for the creation of the Federal Council to Combat the Trafficking and Exploitation of Persons and to Protect and Assist Victims, which is the standing framework for institutional action and coordination to combat trafficking in persons, as well as of its executive committee. The Committee notes the Government’s indication, in its report, that the Federal Council, which is composed of representatives from the national and provincial authorities, the General Prosecution Service, the civil society, as well as of the executive committee established in 2013, held its first meeting on 23 June 2016 and has met on a regular basis since then. It notes that five standing commissions have been established within the Federal Council to deal specifically with prevention; investigation and punishment; protection and assistance of victims; annual reporting; and monitoring of the body in charge of the seizure and confiscation of property. The Committee takes note with interest of the adoption of the first Biennial National Plan to Combat the Trafficking and Exploitation of Persons for 2018–20, elaborated by the executive committee of the Federal Council in collaboration with the ILO as well as other relevant actors, including judicial authorities and PROTEX. It notes that the Biennial National Plan mainly focuses on prevention; assistance to victims; prosecution; and coordination and strengthening of the institutional framework. It notes in particular that several actions are aimed at promoting public awareness-raising campaigns and capacity building of public officials, including of the federal security forces, to identify and prevent trafficking; enhancing access of victims to legal redress; and improving the collection and dissemination of statistical information on trafficking in persons through the elaboration of a national registry of data. It notes that in April 2018, public awareness-raising campaigns on trafficking in persons were elaborated by the Government, in collaboration with the ILO. The Committee requests the Government to provide information on the actions taken in the framework of the Biennial National Plan to Combat the Trafficking and Exploitation of Persons for 2018–20, as well as on any assessment undertaken on their impact to eliminate trafficking in persons. It further requests the Government to provide information on the activities undertaken in the framework of the Federal Council to Combat the Trafficking and Exploitation of Persons and to Protect and Assist Victims, including its five standing commissions, and the executive committee.

(a) Action of the General Prosecution Service. The Committee previously noted the crucial role played by the General Prosecution Service in repressing trafficking in persons, as well as the establishment of its special unit PROTEX in 2013. The Committee notes the Government’s indication that several actions were implemented by PROTEX to combat trafficking in persons. It welcomes the establishment of the synchronized complaints system for crimes of trafficking and exploitation of persons within the General Prosecution Service, provided for in the Act No. 26.842 of 2012, as well as the adoption of Resolution No. 1280/2015 approving a single protocol to better coordinate action (Protocolo único de articulación) on the handling of complaints related to trafficking in persons. The Committee notes that, according to the 2018 report of PROTEX, 4,296 complaints were received through the free national telephone helpline in 2016 and 2017, 86.3 per cent of which were referred to the judicial authorities. It notes the Government’s statement that 75 per cent of the complaints received were processed within 48 hours. The Committee however notes that while almost 40 per cent of the complaints received through the free telephone helpline referred to sex trafficking, only 13 per cent referred to labour exploitation which may result, in PROTEX’s views, from a lack of awareness concerning both indicators of forced labour situations and the availability of the free telephone helpline by the workers affected by such situations. The Committee notes that the CTA Autonomous also highlights that the low percentage of cases of trafficking for labour exploitation is a clear sign of the isolation and practical difficulty faced by such victims at the time of making complaints. The Committee requests the Government to continue to provide information on the number of investigations and prosecutions initiated in cases of trafficking and labour exploitation, including by PROTEX, as well as on any measures taken in the framework of the single protocol to better coordinate action on the handling of complaints related to trafficking in persons. It also requests the Government to provide information on any measures taken to identify and combat the root causes of the low number of complaints made in cases of trafficking for labour exploitation.

(b) Action by the police forces and allegations of corruption. The Committee previously urged the Government to conduct investigations and ensure that appropriate and dissuasive penalties are imposed in cases of corruption and complicity of law enforcement officials in cases of trafficking. The Committee notes the Government’s statement that as a result of the anonymous character of the free national helpline established in 2012, a high percentage of cases of corruption and complicity of law enforcement officials in cases of trafficking have been identified. The Government adds that 10 per cent of the complaints received by PROTEX referred to such cases, and that in some instances prison sentences were imposed. The Committee notes that, according to its 2018 report, PROTEX received 339 complaints referring to cases of complicity of law enforcement officials in cases of trafficking between 2016 and 2017. The Committee encourages the Government to continue to ensure that investigations are duly conducted in cases of corruption and complicity of law enforcement officials, and that appropriate and dissuasive penalties are imposed. It requests the Government to provide updated information on the number of cases registered and prosecuted, as well as the sanctions imposed.

(c) Action by the labour inspectorate. The Committee previously requested the Government to continue to take measures to ensure that the labour inspectorate has sufficient human and material capacity to carry out its work effectively throughout the territory. The Committee takes due note of the adoption of Act No. 26.940 of 26 May 2014, on the promotion of registered work and prevention of labour fraud, which establishes a public registry of employers (REPSAL) which have received cases of labour violations in that regard, including cases of trafficking in persons, and provides for a Special Unit for the Inspection of Irregular Work (UEFTI), for the purpose of analysing, investigating and evaluating situations of unregistered work in sectors which are difficult to monitor and also any form of illegal subcontracting and labour and social security fraud. It notes the Government’s indication that the UEFTI, which was established through Resolution No. 470/2016 of 21 July 2016 relied on video monitoring for labour inspections, mainly in remote areas. It further notes the Government’s reference to the purchase of two additional utility vehicles for the labour inspection which is now composed of four mobile labour inspection units. The Committee notes that, according to the statistical information forwarded by the Government, from 2014 to 2017, training was provided to 1,558 labour inspectors and other public actors on the detection of cases of trafficking in persons and forced labour situations. The Committee notes the CTA Autonomous’s indication concerning the lack of appropriate resources for the labour inspection services to effectively combat trafficking in persons. Recalling that labour inspection is an essential element in combating trafficking in persons for labour exploitation, the Committee encourages the Government to continue to take measures to reinforce the capacity of the labour inspection services for action, particularly in sectors where the incidence of forced labour is well known, such as the garment and agriculture sectors, and in the corresponding geographical areas. It further requests the Government to provide information on the functioning of the REPSAL, as well as on the activities undertaken by the UEFTI.

Application of effective penal sanctions. The Committee previously noted that the total number of convictions was fairly low compared with the number of victims assisted and persons arrested and hoped that the new definition of trafficking in persons contained in Act No. 26.842 would contribute to an improved judicial response to these crimes. The Committee notes the Government’s indication that a total of 225 judicial decisions on the crime of trafficking in persons were handed down of which 42 referred to labour exploitation (18.6 per cent) and 183 to sexual exploitation (81.4 per cent). It notes that 87 per cent of the judicial decisions resulted in convictions, thus representing 439 persons convicted and 1,037 victims. The Committee requests the Government to continue its efforts to enhance access to justice for victims of trafficking and ensure that all persons who engage in trafficking are subject to prosecutions and that dissuasive penalties are applied in practice. The Committee also requests the Government to continue to provide information on the number of proceedings initiated and convictions, as well as the nature of the penalties imposed.

Assistance to victims. The Committee previously noted that the National Programme of Assistance and Support for Victims of Trafficking in Persons was made up of a multidisciplinary team which assists in identifying victims of trafficking and providing psychological, medical and legal assistance. It notes that, according to the statistical information provided by the Government, from 2008 to 2017, assistance was provided to 11,760 victims, as a result of the National Programme. The Committee further notes that the first National Action Plan on Human Rights for 2017–20 sets as an explicit objective to ensure the promotion and protection of human rights for victims of trafficking through the establishment of regional offices of the National Programme. The Committee notes the Government’s indication that, while Act No. 26.364 of 2008 provides that the fines imposed and the proceeds of the assets seized, as a result of the identification of the trafficking in persons offences, shall be allocated to victim assistance programmes, allocation procedures to transfer the amounts of money seized are currently being implemented. It notes that the CTA Autonomous highlights the lack of appropriate social and occupational reintegration programmes for victims of trafficking, and the CGT RA points out important deficits in the assistance provided to victims and asks for the elaboration of a protocol aimed at the effective restoration of victims’ rights. The Committee further notes that, in its last concluding observations, the Committee on Economic, Social and Cultural Rights expressed concern at the lack of mid- and long-term assistance measures to victims of trafficking (E/C.12/ARG/CO/4, 1 November 2018, paragraph 41). The Committee requests the Government to continue to reinforce the resources available to the National Programme of Assistance and Support for Victims of Trafficking in Persons, and to provide information on the establishment of any regional offices of the National Programme. It further requests the Government to provide information on the implementation of the procedures aimed at allocating the fines imposed and the proceeds of the assets seized as a result of the identification of the trafficking in persons offences to victim assistance programmes, and on the manner in which these funds are used. Lastly, it requests the Government to provide information on the number of victims who have been identified and have benefited from such assistance.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2(2)(c) of the Convention. Prison labour. The Committee notes the observations made by the Confederation of Workers of Argentina (CTA) workers, received on 25 August 2014, concerning work in prisons. The CTA workers indicate that the Act on the execution of sentences of detention (Act No. 24.660 of 1996) has included the requirements of ILO Conventions on forced labour with regard to prison labour, but that certain difficulties remain in the implementation of the Act in practice. This has resulted in the prison population joining the Single Union of Workers Deprived of Freedom of Movement (SUTPLA), which was founded in July 2012. The purpose of this union is to protect the rights of workers who, deprived totally or partially of freedom, are parties to a dependent work relationship in the various prisons in so far as the labour relations of detainees, as recalled by the CTA workers, are governed by the labour and social security legislation in force for “free” work. The Committee notes the establishment of the SUTPLA, which constitutes an additional element approximating the conditions of work of prisoners for private entities to those of free workers. The Committee requests the Government to provide information on the difficulties in the application of Act No. 24.660 referred to by the CTA workers in relation to work by prisoners carried out for the benefit of private entities.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations made on the application of the Convention by the Confederation of Workers of Argentina (CTA Workers), received on 25 August 2014, and those of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014.

Articles 1(1) and 2(1) of the Convention. Trafficking in persons for sexual and labour exploitation. The Committee noted previously that the numerous measures taken by the Government to strengthen its legal and institutional framework to combat trafficking in persons for labour and sexual exploitation evidences its commitment in this respect. It invited the Government to pursue its efforts and to strengthen coordination between the actors involved in combating trafficking in persons to ensure a better judicial response and better protection of victims. The Committee notes that the Government provides with its report a publication issued by the Ministry of Justice and Human Rights entitled “Trafficking in persons: State policies for prevention and repression”, which contains detailed information on the measures adopted by the various state authorities to strengthen and adapt their action and achieve results in terms of awareness-raising, prevention, the training of public officials, protection, inter-institutional and international cooperation and repression.

(a) Legal and institutional framework.

The Committee notes with interest that Act No. 26.842 of 26 December 2012 amended Act No. 26.364 of 29 April 2008 on the prevention and suppression of trafficking in persons and assistance to victims, thereby reinforcing the legislative and institutional framework in this field. The Act simplified the definition of trafficking in persons contained in section 145bis and ter of the Penal Code by removing the reference to the means used to commit the crime and by specifying that the consent of the victim is irrelevant. Deceit, fraud, violence, threats, abuse of authority or a situation of vulnerability are now aggravating circumstances resulting in an increase in the prison sentence that may be imposed from between four and eight years to between five and ten years (the sentence may be increased up to 15 years in cases where the victim is a minor). The Act also provides for the creation of the Federal Council to Combat Trafficking and the Exploitation of Persons and to Protect and Assist Victims, which is the standing framework for institutional action and coordination, and is responsible for designing the strategy to combat trafficking and exploitation of persons, as well as an executive committee with the same title which will be responsible for implementing the national programme to combat the trafficking and exploitation of persons. The Committee encourages the Government to ensure that the objectives set out in the Act for the national programme to combat trafficking in persons and exploitation are achieved. Please provide information on this subject, and particularly on the biennial plans of action adopted by the executive committee, and on its activity reports.

Action of the General Prosecution Service. In its previous comments, the Committee noted the crucial role played by the General Prosecution Service of the Nation in repressing the trafficking in persons. It notes the establishment in April 2013 of PROTEX, the special unit on the trafficking and exploitation of persons in the General Prosecution Service, which replaces UFASE, and continues to provide assistance to the various prosecution services in the country. The PROTEX website contains a summary of court rulings, jurisprudence and legislation, with a view to facilitating evidence gathering during the prosecution of trafficking cases. The Committee notes that the Act of 2012 referred to above also provides for the establishment in the General Prosecution Service of a synchronized complaint system for crimes of trafficking and exploitation of persons. The Committee requests the Government to ensure that PROTEX is allocated the resources and has the capacities to carry out action to combat trafficking in persons throughout the national territory. Please also indicate the impact of the new legislation on the work of PROTEX and provide information on the number of investigations and prosecutions initiated in cases of trafficking and labour exploitation.

Action by the police forces and allegations of corruption. In its previous comments, the Committee requested the Government to conduct investigations and, where appropriate, ensure that penalties are imposed in cases of corruption and the complicity of law enforcement officials in cases of trafficking in persons. In this regard, the United Nations Special Rapporteur on Trafficking in Persons recommended the Government to establish a zero-tolerance policy with regard to corruption and to ensure that any state agent involved in the crime of trafficking is duly prosecuted and severely punished (A/HRC/17/35/Add.4). The Committee regrets that the Government has not provided any information on this subject. It recalls that victims of trafficking are generally in a situation of vulnerability which prevents them from asserting their rights, and that it is therefore the responsibility of the public authorities to take action for their identification, protection and recognition as victims. The Committee emphasizes that any efforts made by the Government to combat trafficking in persons may be weakened if practices of corruption and complicity are present within the public authorities. The Committee urges the Government to ensure that investigations are duly conducted in cases of corruption and complicity of law enforcement officials, and that appropriate and dissuasive penalties are imposed.

Action by the labour inspectorate. The Committee previously requested the Government to indicate the measures adopted to ensure that the labour inspectorate has sufficient human and material capacity to carry out its work effectively throughout the territory. It notes the Government’s reference to the purchase of two utility vehicles by mobile inspection teams which can carry three inspectors and are equipped with work stations and a satellite aerial. The mobile teams carry out inspections and awareness-raising activities in remote areas of the country that are difficult to access and where the State’s presence is limited or absent. All inspectors are now provided with tablets through which they can check in real time whether workers are registered with the social insurance system and cross reference these data with the tax administration. The Government adds that violations identified during inspections, which could also involve crimes of trafficking or labour exploitation, are automatically reported to the competent federal jurisdiction. It adds that inspections in the textile sector have been reinforced and that between 2010 and 2014 inspections were carried out in 3,338 workplaces where, of the 24,352 workers present, 28.7 per cent were not registered. The Committee notes the emphasis placed by the CGT RA on the structural deficit of the labour inspection system. Although the situation has improved at the national level, particularly in the agricultural sector, with the recruitment of new officials, problems persist of coordination with the provinces due to the lack of a centralized and coordinated policy. Recalling that labour inspection is an essential element in combating trafficking in persons for the exploitation of their labour, the Committee encourages the Government to continue taking measures to reinforce the capacity of the labour inspection services for action, particularly in sectors where the incidence of forced labour is well known (agriculture, textiles, domestic work and sex work) and in the corresponding geographical areas.

(b) Article 25. Application of effective penal sanctions

The Committee noted previously that it is difficult to gather the evidence to bring offenders to court, and that the total number of convictions was fairly low compared with the number of victims assisted and persons arrested. The Committee notes from the annual report of the General Prosecution Service that, since the adoption of the 2008 Act and until the end of 2013, a total of 1,172 preliminary investigations were opened, of which 60 per cent resulted in prosecutions, and that 253 cases were referred to the courts, concerning 690 persons facing charges and 1,134 victims. Over the same period, 76 court rulings on the crime of trafficking were handed down. The Committee recalls the importance of imposing terms of imprisonment that constitute an effective deterrent on persons who imposed forced labour and it hopes that the new definition of trafficking in persons will contribute to an improved judicial response to these crimes. The Committee requests the Government to provide detailed information on the number and nature of the penalties imposed.

(c) Assistance to victims

The Committee notes that the National Programme of Assistance and Support for Victims of Trafficking in Persons, which has replaced the Bureau of the same name, is made up of a multidisciplinary team which assists in identifying victims and in the provision of psychological, medical and legal assistance. In this respect, in September 2012, a protocol of action was adopted establishing the guiding principles for such protection. The Programme also manages the free national telephone helpline established in 2012. Since 2008, and up to 30 June 2014, assistance was provided to 6,992 victims (54 per cent of them are foreign, 51 per cent victims of the exploitation of their labour and 48 per cent of sexual exploitation). The Committee requests the Government to continue reinforcing the resources available to the National Programme of Assistance and Support for Victims of Trafficking in Persons so that it is in a position to provide all victims with the protection envisaged by the law and in order to enable it to establish new regional branches. Noting that the 2008 Act provides that the fines imposed and the proceeds of the assets seized, as a result of the identification of the offences incriminated by the Act, shall be allocated to victim assistance programmes, the Committee requests the Government to provide information on the implementation of this provision and on the manner in which these funds are used.

The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for sexual and labour exploitation. In its previous comments the Committee emphasized that the trafficking in persons for labour and sexual exploitation calls for robust and effective action in proportion to the gravity and extent of this practice, and asked the Government to take the necessary measures to eliminate this practice, which constitutes a serious violation of the Convention. It referred to the observations received from a number of national trade union organizations and from the International Trade Union Confederation (ITUC), and also to a report published by the International Organization for Migration (IOM), documenting specific situations of trafficking from which it emerges that Argentina is a country of destination, transit and departure of trafficked persons; women and girls originating from the Dominican Republic, Paraguay and Brazil are victims of trafficking for sexual exploitation; Argentinian women and girls, mostly originating from the provinces of Misiones, Tucumán, La Rioja, Chaco et Buenos Aires, are also subjected to sexual exploitation abroad, mainly in Spain and Brazil, including through abductions perpetrated by gangs; and, finally, migrant workers mostly originating from the Plurinational State of Bolivia are victims of trafficking in the textiles and clothing sector.

The Committee notes the information supplied by the Government in its last report and its appendices, the observations made by the General Confederation of Workers (CGT-RA) on the application of the Convention, received in November 2010, and also the report of May 2011 of the United Nations Special Rapporteur on trafficking in persons, particularly women and children, further to her visit to Argentina in September 2010 (A/HRC/17/35/Add.4). The Committee proposes to analyse all this information by examining the legal and institutional framework, the penalties imposed and the protection given to victims.

(a) Legal and institutional framework. The Committee recalls that Act No. 26.364 of 9 April 2008 concerning the prevention and suppression of trafficking in persons and the provision of assistance for victims defines in detail the elements that constitute trafficking in persons, for labour and sexual exploitation, and establishes the penalty of imprisonment for offenders ranging from three to six years (with more severe penalties in cases where the victims are minors). The Committee is aware that a bill to amend the Act of 2008 is under discussion. The objectives of the bill include increasing penalties, making the consent of the victim irrelevant as regards defining the crime of trafficking, expanding protection for victims and improving cooperation between the various parties involved in taking action against trafficking. The Committee hopes that the bill amending the Act concerning the prevention and suppression of trafficking in persons will be adopted shortly and requests the Government to provide information on the manner in which it will contribute towards strengthening action against trafficking in persons.

Action of the General Prosecution Service. The Committee observes that, inasmuch as the crime of trafficking in persons comes within the competence of the federal courts, the General Prosecution Service of the Nation plays a crucial role in the prosecution of perpetrators. It notes the information provided by the Government on the action taken by the General Prosecution Service of the Nation, including the issuing of a publication in collaboration with the IOM containing a toolkit to help prosecuting perpetrators and protecting victims and, in particular, documents indicating the legal interpretation given to the concept of “trafficking in persons and related offences”. The Committee also notes the action taken by the unit within the General Prosecution Service of the Nation responsible for providing assistance for the victims of abduction for the purposes of ransom and human trafficking (UFASE), whose role is to assist the various prosecution services in the country. Such assistance is provided at the request of the prosecutors concerned and covers the stages of examination of the evidence and preparation of the case, as well as the relevant hearings. UFASE also coordinates training activities and is in charge of establishing a database relating to abductions and trafficking in persons. The Committee notes that this unit publishes an annual report which serves as a basis for the Attorney-General of the Nation to adopt resolutions aimed at tackling the problems faced by the prosecution authorities. Resolutions adopted include Resolution No. PGN-39-10, which contains recommendations for the prosecution services with regard to conducting thorough investigations in cases involving procuring in order to ensure that no trafficking of persons is involved, and Resolution No. PGN-46-11, which lays down guidelines for procedures and criteria to identify and investigate cases involving trafficking for labour exploitation purposes. The Committee requests the Government to provide information on the measures taken to tackle the problems emphasized by UFASE in its annual reports with regard to the identification of situations involving trafficking in persons, for both sexual and labour exploitation, and the launching of prosecution proceedings at federal level.

Action by the police forces and allegations of corruption. In its previous comments the Committee asked the Government to provide information on the investigations conducted and the measures taken further to allegations of corruption within the police forces and of direct participation of police officials in criminal activities connected with trafficking in persons. The Government referred to the establishment of specific units within the four national security forces, whose task is to prevent and investigate the crime of trafficking in persons, and to develop an intelligence service for that purpose (Resolution No. 1679/2008). The Committee asked the Government to indicate to what extent the establishment of the specific units had contributed towards combating corruption in the police forces and the participation of officials in activities linked to the trafficking in persons.

The Committee observes that this problem was also emphasized by the United Nations Special Rapporteur, who, in the report referred to above, raises the sensitive issue of corruption of certain members of the police and other security forces directly involved in the implementation of measures to combat trafficking adopted by the Government, especially at the provincial level. According to the report, these officers receive bribes and act in complicity with the traffickers, who are thus able to evade arrest and prosecution. The Special Rapporteur recommends that the Government should adopt a zero-tolerance policy with regard to corruption and should ensure that the officials involved in the crime of trafficking are prosecuted and severely punished.

The Committee recalls that the victims of trafficking are in a vulnerable situation in which it is particularly difficult for them to assert their rights. It is therefore essential that police officers are appropriately trained in the subject of trafficking in persons in order to be able to identify victims, and it is also essential that the victims feel they can trust the police and prosecution authorities when they have recourse to them. The Committee therefore requests the Government to ensure that investigations are duly expedited in cases of corruption and complicity on the part of law enforcement officials, and that adequate penalties are imposed on them. The Government is also requested to continue to supply information on the measures taken to strengthen the capacities of these authorities with respect to identification of the perpetrators of trafficking in persons and their victims.

Action by the labour inspectorate. As regards forced labour imposed on Bolivian migrant workers who are the victims of trafficking in the textiles and clothing sector, the Committee highlighted the large number of unauthorized workshops and asked the Government to provide information on the measures taken in this respect, particularly with regard to strengthening the labour inspectorate. In its last report, the Government supplies data from the labour inspectorate concerning the number of inspections conducted in unauthorized garment manufacturing workshops for 2005–10, indicating the percentage of undeclared workers (ranging from 17.6 to 37.27 per cent). The labour inspectorate explains that, further to these inspections, a number of workshops and establishments were closed and legal action was initiated. The Committee duly notes this information. Recalling that the labour inspectorate performs an essential role in combating trafficking in persons for labour exploitation, the Committee requests the Government to continue to supply information on the action taken by the labour inspectorate, and also on the measures taken to ensure that the labour inspectorate has sufficient human and material capacity to carry out its work effectively throughout the territory. The Committee also requests the Government to indicate the manner in which cases of forced labour involving migrant workers are handled by the labour inspectorate and how the inspectorate cooperates with the General Prosecution Service of the Nation so that reported violations give rise to prosecution proceedings.

(b) Article 25. Application of effective criminal penalties. In its last report the Government indicates that, between April 2008 (date of entry into force of the Act) and the end of July 2010, a total of 590 searches were conducted, 583 persons were arrested and 921 victims were assisted. Ten court cases were thus concluded with the conviction and sentencing of 15 persons to imprisonment ranging from four to 15 years for the trafficking in persons for sexual exploitation. The Committee notes two court decisions communicated by the Government and notes with interest the elements taken into account by the judges in defining what constitutes a “situation of vulnerability” to which the victims were exposed, and thereby invalidating the consent given. Furthermore, the Committee observes that, between 2008 and 2010, no case of trafficking in persons for labour exploitation was brought before the courts. According the UFASE website, the first conviction for trafficking in persons for labour exploitation was handed down in August 2011 by the Federal Criminal Court of San Martín. It therefore appears that gathering enough evidence to bring offenders before the courts is even more difficult where trafficking in persons involves labour exploitation. Moreover, according to Government statistics, the total number of convictions for trafficking in persons remains low if compared with the number of victims assisted and persons arrested. The Committee draws the Government’s attention to the importance of imposing terms of imprisonment that constitute an effective deterrent on persons who exploit other persons’ labour, and hopes that the Government will be in a position in its next report to provide information on new prosecutions resulting in an adequate number of convictions.

(c) Assistance for victims. The Committee notes that the Bureau for Assistance and Support for Trafficking Victims was established in 2008. The Government indicates that this Bureau centralizes activities for the prevention and elimination of trafficking and the provision of psychological, medical and legal support and assistance for victims, and that a branch office has been established in the province of Salta. The Committee requests the Government to provide further information on the activities of this Bureau as regards the identification and protection of victims (number of centres for the reception, support and rehabilitation of victims) and on the measures taken to continue to extend the capacity for intervention of this Bureau to the whole of the national territory. The Government is also requested to indicate the measures taken to provide legal assistance to victims in such a way that they can assert their rights and be compensated for the material and general damage suffered.

The developments described above show that the numerous measures taken by the Government to strengthen its legal and institutional framework with a view to combating the trafficking in persons for labour and sexual exploitation, bear witness to its commitment in this sphere. The Committee encourages the Government to pursue its efforts and requests it to indicate the measures taken to strengthen coordination between the various actors involved in combating trafficking in persons – especially the labour inspectorate and the General Prosecution Service of the Nation – as well as coordination between the state, provinces and municipalities, especially in view of the fact that the crime of trafficking lies within the competence of the federal courts.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. In its previous observation, the Committee took detailed note of the comments on the application of the Convention made by the General Confederation of Labour of the Republic of Argentina (CGT) and the International Trade Union Confederation (ITUC) relating to the trafficking of persons for labour and sexual exploitation, the direct involvement of public officials in trafficking, the slowness and ineffectiveness of the judicial system and the absence of specific legislation on trafficking. The Committee observed that trafficking in persons constitutes a serious violation of the Convention and requested the Government, while awaiting the rapid adoption of measures specifically classifying trafficking as a crime in respect of which penal sanctions may be imposed, in accordance with the provisions of Article 25 of the Convention, to provide information on current prosecutions under existing penal provisions. In this respect, the Committee recalls the Government’s obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced.

Domestic and transnational trafficking of women and girls for sexual exploitation. In its previous observation, the Committee noted the comments of the ITUC on the issue of transnational trafficking, according to which Argentina is a destination for the trafficking of women and girls for sexual exploitation from the Dominican Republic, Paraguay and Brazil. The ITUC referred to a report published by the International Organization for Migration (IOM) documenting the trafficking of 259 Paraguayan women to Argentina for prostitution, of whom 90 were under the age of majority, as well as the information provided by the Paraguayan Vice-Consul concerning over 100 reports from parents of daughters who were believed to have disappeared in cases of trafficking. According to the ITUC, Argentinian women and girls are also trafficked for sexual exploitation abroad, most of whom are from Misiones, Tucumán, La Rioja, Chaco and Buenos Aires. Spain and Brazil are the principal destinations. Intimidation and deception are the means normally used, although an unusually high number of kidnappings have been carried out by gangs involved in the trafficking of persons. In such cases, overt violence and physical confinement of the women are used to prevent them from escaping. An example is the case of a young women kidnapped in 2002 in San Miguel de Tucumán. The investigation carried out by her mother uncovered evidence of trafficking networks operating in the provinces of La Rioja, Tucumán, Buenos Aires, Córdoba and Santa Cruz, and it was possible to rescue 17 Argentinean women from prostitution in Bilbao, Burgos and Vigo in Spain. The Committee also noted that around 70 cases had been filed in Tucumán over the past five years relating to women and girls who have disappeared and are presumed trafficked.

The Committee noted that the Government’s reply to the allegations made by the trade union organizations did not address these specific and serious allegations of the trafficking of women and girls from the Dominican Republic, Paraguay and Brazil, nor the allegations concerning the trafficking networks of Argentinian women and girls abroad. The Committee requested the Government to indicate the investigations carried out and the measures taken against the perpetrators.

Trafficking in persons for labour exploitation. In its previous observation, the Committee noted the comments made by the National Apparel and Allied Workers’ Federation (FONIVA) and the Apparel and Allied Workers’ Union (SOIVA), which are member organizations of the CGT, as well as the comments of the ITUC, concerning the existence of practices in the apparel sector consisting of subjecting workers, mainly of Bolivian nationality, to forced labour conditions. These include the retention of their identity documents, locking in workers and in some cases their families in illegal workshops, excessive working hours of up to 17 hours a day and a lack of food. The Committee noted that, as a result of the fire which broke out in Buenos Aires on 30 March 2006 in an apparel factory where 60 Bolivian nationals were working under forced labour conditions, six persons were killed, including four children. A series of inspections were ordered which resulted in the closure within a week of 30 of the 54 workshops inspected because of the appalling working conditions. According to the Minister for Human and Social Rights of the city of Buenos Aires, there are around 1,600 clandestine sweatshops in the city, some 200 of which employ persons under conditions of slavery. The Committee noted the Government’s indications concerning the inspections that had been carried out and the charges brought in one case for the offence of reduction to a condition of slavery. The Committee requested the Government to provide information on the measures adopted or envisaged in this respect, particularly with a view to reinforcing the inspection system.

Legislative measures. The Committee notes with interest the adoption of Act No. 26364 of 9 April 2008 on the prevention and punishment of trafficking in persons and assistance to victims. The Committee notes that the Act makes a distinction between trafficking in adults and in persons under 18 years of age. Under the terms of section 2 of the Act, trafficking in adults over 18 years of age means the capture, transport and/or transfer, either within the country or abroad, the taking in or receipt of persons over 18 years of age for the purposes of exploitation. For persons of 18 years of age and over, the means used have to include deception, fraud, violence, threats or any means of intimidation or coercion, abuse of authority or of a situation of vulnerability, the offering or receipt of payment or benefits to obtain the consent the person. In the case of persons under 18 years of age, under the terms of section 3 of the Act, trafficking exists even without the use of any of the means referred to above and the consent of the victim shall be null and void. Section 4 enumerates the constituent elements of exploitation, namely: (a) where a person is reduced to or maintained in conditions of slavery or servitude or is subject to analogous practices; (b) where a person is compelled to engage in forced work or services; or (c) where any form of advantage is sought, facilitated, developed or obtained from the sex trade.

The Committee also notes that the Penal Code has been amended to include provisions establishing penalties for the offence of trafficking in persons. The penalties envisaged are terms of imprisonment of from three to six years for trafficking in adults who are 18 years of age or over and between four and ten years for trafficking in young persons, which is increased from six to 15 years where the victims are under 13 years of age.

Article 25. Application of effective penalties. The Committee notes the information provided by the Crime Office for the investigation of offences against sexual integrity, trafficking in persons and prostitution of the General Prosecution Service of the Nation, concerning the investigations initiated in 2007 and 2008. The Committee notes the indication that charges were brought in nine cases, including charges of reduction to slavery, the facilitation or promotion of the prostitution of adults or young persons; 18 cases are undergoing preliminary investigation, nine of which relate to labour exploitation and reduction to slavery, and five concern the prostitution of young persons. The Committee observes that, according to the information received, prosecutions are being carried out in only two cases, one of which was initiated in March 2007 when charges were brought by the Office of the Attorney-General of the Republic of Bolivia for the exploitation of the labour of a young person and the other was initiated in February 2008 on grounds of reduction to slavery and prostitution. In both cases, the magistrates declared that they were not competent and the cases were referred to other instances. The Committee observes that in none of the cases has information been provided on the penalties imposed. The Committee further notes that the investigations were carried out under penal provisions which allowed for judicial action prior to the adoption of Act No. 26364 of 9 April 2008. The Committee takes due note of the Government’s indication in its last report that it was difficult to obtain convictions and impose penalties prior to the adoption of Act No. 26364.

The Committee hopes that the Government will provide information in its next report on the effect given to Act No. 26364 and the provisions of the Penal Code establishing penalties for the offence of trafficking in persons for purposes of labour or sexual exploitation, including information on the charges brought, the prosecutions initiated and the penalties imposed on those found guilty. The Committee hopes that the Government will provide copies of the relevant rulings.

Corruption of the police forces. Involvement of public officials in trafficking. The ITUC made allegations concerning corruption in the police forces and the direct involvement of police officers in criminal activities related to trafficking in persons. It provided the example of the case in Mar del Plata, in the province of Buenos Aires, of 13 deaths and disappearances of women which were attributed to an organization of police officers involved in prostitution; the case of the police station in the Cuartel Quinto in Moreno, where the complaint made by three women who had managed to escape was not filed and the owner of the brothel was informed of what was happening; and the case of two minors who were rescued from a brothel in the port of Quequén run by a municipal employee and a police officer from the province of Buenos Aires.

In the case of the 17 Bolivian workers who were victims of trafficking for labour exploitation, referred to above, witnesses stated that the police came to the factory to take a percentage of the profits and that four of the workers were threatened before the judge (identified in the comments) set the owner of the factory free on the grounds that there was insufficient proof to show that the workers had been subjected to servitude. According to the ITUC, the involvement of the police is one of the pivotal factors in explaining the rise in domestic and transnational trafficking in recent years and the lack of effective prosecutions of those accused of trafficking.

The Committee noted the gravity of the allegations made and emphasized the key role of the police in enforcing the law and the Convention, which is undermined in the event of the corruption of the police forces. The Committee urged the Government to provide information on the measures adopted or envisaged to conduct full investigations into all allegations of complicity or the direct involvement of public officials in the trafficking of persons and on the penalties imposed, if the allegations were found to be true.

In its report, the Government indicates that, under the terms of Act No. 26364, the offence of trafficking in persons lies within the competence of the federal authorities and that Resolution No. 1679/2008 provides for the establishment of specific units in the four national security forces to engage in action to prevent and investigate the offence of trafficking in persons, as well as the intelligence work required for this purpose.

The Committee observes that the Government’s report does not contain information on the cases reported in the ITUC’s allegations and, consequently, reiterates its previous request that the Government provide information on measures adopted or envisaged to conduct full investigations of all allegations of complicity or the direct involvement of public officials in the trafficking in persons. It hopes that the Government will indicate in its next report whether the establishment of specific units in the federal security forces has made it possible to combat the phenomenon of police corruption and the involvement of public officials in the crime of trafficking in persons, and the manner in which this has been done.

Other measures. Human Rights Observatory. The Committee notes the information provided by the Government concerning the Human Rights Observatory established by Resolution No. 019/06 of the Secretariat for Human Rights of the Ministry of Justice with a view to promoting the rights of migrants of Bolivian origin and preparing reports with recommendations on their situation. Among the activities carried out by the Observatory, the Committee notes the training course on human rights and migration, for which support was provided by UNDP, which lasted four months, and the preparation of an information brochure for migrant families containing information on trafficking in persons for labour and sexual exploitation. The Committee hopes that the Government will provide information on the activities that the Observatory is continuing to undertake with a view to protecting migrant Bolivian workers against the imposition of forced labour.

International cooperation. The Committee requested the Government in its previous observation to provide information on the measures adopted or envisaged for the coordination of the action taken with all the countries that in one way or another are involved in the trafficking in persons within or outside the country.

The Committee notes the information provided concerning the measures adopted in the context of cooperation between the Member States of MERCOSUR related exclusively to the protection of boys, girls and young persons who are victims of crimes related to trafficking. The Committee will note this information in the context of the application of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee observes that the report does not contain information on the measures adopted with a view to international cooperation in relation to trafficking in adults. The Committee hopes that the Government will take the necessary measures for the indispensable international cooperation in combating the trafficking in persons, including adults, taking into account the comments of the trade union organizations which referred specifically to countries of origin and of destination of the victims and to the existence of organized networks for trafficking in persons.

Assistance to victims. The Committee notes with interest the National Programme for the Prevention and Eradication of Trafficking in Persons and Assistance to Victims. It hopes that the Government will provide information on the activities undertaken in the context of the Programme, as well as data on the number of victims who have received the comprehensive assistance envisaged in the Programme.

The Committee observes that trafficking in persons for labour and sexual exploitation constitutes a serious violation of the Convention and requires action that is energetic, effective and proportional to the gravity and magnitude of the phenomenon. The Committee urges the Government to take all the necessary measures for the eradication of this practice, and that the Government will provide information on the progress achieved in this respect.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1), 2(1) and 25 of the Convention

The Committee notes the comments on the application of the Convention made in 2006 by the General Confederation of Labour of the Republic of Argentina (CGT) and the International Trade Union Confederation – ITUC (formerly the International Confederation of Free Trade Unions – ICFTU). The allegations relate to the trafficking of persons for labour and sexual exploitation, the direct participation of public officials in trafficking, the slowness and ineffectiveness of the judicial system and the absence of specific legislation on trafficking which makes it impossible to combat this practice effectively.

The Committee notes the Government’s detailed reply to the comments made by the CGT and the ITUC. The Government indicates that it is deeply concerned by the problem raised by the two trade union organizations and has provided information on the policies that it is implementing to address the problem.

Trafficking in persons for labour exploitation

The National Apparel and Allied Workers’ Federation (FONIVA) and the Apparel and Allied Workers’ Union (SOIVA), as member organizations of the CGT, informed the latter of the existence of forced labour practices in the textile sector. According to these organizations, “as a result of the death of four children and two workers from Bolivia in a clandestine workplace, a great number of textile workshops were discovered in the city of Buenos Aires in which illegal workers were engaged, mostly of Bolivian nationality. It was found that they had been recruited in Bolivia, principally in the cities of La Paz and Potosí. Based on the promise of a work contract, the workers are advanced money for their journey and once in Argentina are installed in precarious accommodation, which may be located at the workplace, and they work to pay off their debt for the journey. The conditions of their work and recruitment could be classified as new forms of violations of the fundamental Conventions on forced labour and be related to the phenomenon of the trafficking of persons in view of the manner of their recruit.”

According to the comments provided by the International Trade Union Confederation (ITUC), Bolivian men, along with their families, have also been trafficked for labour exploitation in garment factories in Argentina. Trafficked people have been identified in many provinces of Argentina including, Buenos Aires, Neuquén, La Rioja, Entre Ríos, Córdoba, Río Negro and Tucumán. In October 2005, 17 Bolivians were released from a textile factory in Buenos Aires, where they were forced to work up to 17 hours a day, the employer took away their documents (including locking them into the factory) in order to keep them working against their will. Food was only provided to employees, meaning adults had to share their food with their children and their children were prevented from going to school or to the doctor because it would “interfere with production”. The Office of the Ombudsman of the city of Buenos Aires estimates that thousands of people could be working under conditions of forced labour in and around Buenos Aires. On 30 March 2006, a fire broke out in a textile factory where around 60 Bolivians were found to have been exploited for forced labour. Six people were killed, including four children. A programme of inspections was ordered, which resulted in the closure of 30 of the 54 workshops inspected because of the appalling working conditions. According to the Minister for Human and Social Rights of the city of Buenos Aires, there are around 1,600 clandestine sweatshops in the city and some 200 of those employ slave labour. According to the ITUC, the phenomenon is not recent and it refers in its comments to document E/CN.4/2001/78 of the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, according to whom “police discovered a group of 56 Bolivian children and young persons between 9 and 20 years of age being held in captivity …. They were kept under armed guard” and “allowed to eat only once a day”. They were working in four clandestine sweatshops around the La Matanza area. They had been brought into Argentina, hidden in trucks.

Government’s reply on allegations of trafficking of Bolivian workers
for labour exploitation

The Government indicates that in 2006 the Ministry of Labour, Employment and Social Security carried out 1,501 inspections in the context of Act No. 12713, respecting homework, and 1,188 inspections in the context of the National Labour Regulation Plan. The Government of the city of Buenos Aires brought the corresponding charges and, where undeclared workers were found, the cases were forwarded to the National Directorate of Migration of the Ministry of the Interior. The regularization of identity documents is a priority action undertaken jointly by the Ministry of the Interior (Patria Grande programme) and the National Directorate of Migration. For the regularization of their employment, there is close collaboration with the Directorate of the Labour Inspectorate of the Ministry of Labour, Employment and Social Security. The Committee notes that in one case charges have been brought for the offence of reduction to a condition equivalent to slavery. The Committee further notes that, according to the CGT in its comments, problems have been identified in the inspection systems.

The Committee notes this information and observes that the Government’s report does not contain data on the number of instances in which charges were brought in cases in which the labour inspectorate found situations in violation of the penal and labour legislation, on the effect given to such charges and any penalties imposed. The Committee requests the Government to provide this information with its next report, and also to provide information on the legal action initiated relating to the offence of reduction to slavery and, if the case has been concluded, a copy of the ruling. The Committee further requests the Government to provide information on any measures adopted to strengthen the inspection system.

Transnational and domestic trafficking of women and
girls for sexual exploitation

On the subject of international trafficking, the ITUC indicates that over the past ten years Argentina has been a destination for the trafficking of women and girls for sexual exploitation from the Dominican Republic, Paraguay and Brazil. Reference is made to a report published by the International Organization for Migration (IOM) documenting the trafficking of 259 Paraguayan women to Argentina for prostitution, of whom 90 were under 18, as well as the information provided by the Paraguayan Vice-Consul in June 2005 concerning over 100 reports from parents of daughters who had disappeared and were believed to have been trafficked.

Further, according to the ITUC, Argentinian women and girls are also trafficked for sexual exploitation abroad. Many of them are from Misiones, Tucumán, La Rioja, Chaco and Buenos Aires. Spain and Brazil are the principal destinations. Coercion and deception are commonly used, although there are also unusually high numbers of kidnappings by gangs involved in the trafficking in persons. In such cases, overt violence and the physical confinement of the women are used to prevent them escaping. The example is given of the case of a young woman kidnapped in 2002 in San Miguel de Tucumán. The investigation carried out by her mother uncovered evidence of trafficking networks operating in the provinces of La Rioja, Tucumán, Buenos Aires, Córdoba and Santa Cruz and the women rescued included some 17 women from Argentina who were forced into prostitution in Bilbao, Burgos and Vigo in Spain.

Around 70 cases have been filed in Tucumán over the past five years relating to women and girls who have disappeared and are presumed trafficked. Furthermore, in May 2005, the Office for Integrated Assistance to Victims of Crime (OFAVI) noted that assistance was being provided to two young women from Tucumán who had been kidnapped and forced into prostitution in La Rioja.

The Committee notes that the Government’s report did not address these specific and very serious allegations in relation to either the trafficking of women and girls from the Dominican Republic, Paraguay and Brazil for exploitation, nor does it address the allegations concerning the trafficking networks of Argentinian women and girls abroad. The Committee requests the Government to indicate whether any investigation has been undertaken in respect of the specific allegations and, if so, the nature of investigation and any specific action taken in respect of the perpetrators.

Involvement of public officials in trafficking. Corruption of the police force

The ITUC also alleges corruption in the police force and the direct participation of police officers in criminal activities related to the trafficking in persons. The example is given of the case in Mar del Plata, in the province of Buenos Aires, of 13 deaths and disappearances of women which were attributed to an organization of police officers involved in prostitution, the case of the police station in Cuartel Quinto in Moreno, where the complaint by the three women who had managed to escape was not filed and the owner of the brothel was informed of what was happening, as well as the case of two minors who were rescued from a brothel in the port of Quequén run by a municipal employee and a police officer from the province of Buenos Aires.

In the case of the 17 Bolivarian workers who were victims of trafficking for labour exploitation, referred to above, witnesses stated that the police came to the factory to take a percentage of the profits and that four of the workers were threatened before the judge (identified in the comments) who also set the owner of the factory free on the grounds that there was insufficient proof to show that workers had been in servitude. In the view of the ITUC, the involvement of the police is one of the pivotal factors in explaining the rise in internal and cross-border trafficking in recent years and the lack of effective prosecutions for trafficking.

The Committee notes the gravity of these allegations, on which the Government has not provided any information. The key role of the police in enforcing the law and the Convention is undermined in the event of the corruption of the police forces.

The Committee urges the Government to provide information on the measures adopted or envisaged to conduct full investigations of all allegations of complicity or the direct involvement of public officials in the trafficking in persons and on the penalties imposed if the allegations are found to be true. The Committee notes that the Office for Integrated Assistance to Victims has proposed the establishment of a specialized unit to investigate the crime of the trafficking in persons and it hopes that the Government will indicate what action it has taken to give effect to this proposal.

Legislative measures. Application of effective penalties

According to the ITUC, although there are provisions in the Argentine Penal Code which are currently applied to prosecute traffickers (sections 126 – promoting or facilitating prostitution, 127bis and 127ter – crimes against sexual integrity, 140 and 142bis – crimes against freedom), these provisions do not cover all aspects of trafficking, which means that, for example, persons who recruit and transport victims cannot be prosecuted. The lack of a specific offence of trafficking also means that traffickers escape with relatively light sentences. Reference is made to the case of a trafficker (identified in the comments of the trade union organization) sentenced to just four and half years in prison, despite the fact that he forced dozens of trafficked women into prostitution in San Miguel. The creation of a specific offence of trafficking at the federal level would also resolve the problem currently faced by judges, who can only act within the jurisdiction of their province, and the conflicts over whether trafficking crimes come under national or provincial jurisdiction, which interfere with the investigation of cases of trafficking.

In its reply, the Government recognizes that Argentinian law is characterized by a piecemeal vision of the phenomenon and that the State clearly understands the need to establish a specific crime of the trafficking in persons. Crimes against sexual integrity and freedom (sections 127bis and 127ter, 125bis, 126 and 140 of the Penal Code, as well as sections 116 to 121 of the National Migration Act on the illegal trafficking of persons), do not allow the prosecution of all the acts which constitute the crime of the trafficking in persons in relation to its various stages and objectives. Nevertheless, the Government indicates that this does not mean that the issue has been neglected by the State as there are currently three Bills that are being discussed by Parliament, one of which has already been approved by the Senate. The province of Córdoba is also developing specific legislation.

The Committee notes the extracts of the report of the Deputy Director of the Office for Integrated Assistance to Victims of the Office of the Attorney-General of the Nation. It observes that the above report advocates the need to establish a specific crime of trafficking as in several of the cases dealt with by the Office, including the case of the 34 Paraguayan nationals brought to the country with promises of work and then compelled to engage in prostitution in San Miguel, the person responsible was prosecuted under the provision on promoting and facilitating prostitution and was only sentenced to four years, while in another case of Dominican nationals in the same situation the charges brought were for the crime of unlawful association. According to the above report, there is a pressing need to establish a specific offence covering this crime which undermines human dignity.

The Committee observes that the legislative shortcomings alleged by the trade union organizations and confirmed by the Government’s indications have significant implications for the application of the Convention. The Committee hopes that legislative provisions specifically establishing the crime of trafficking will be adopted rapidly and will allow the imposition of penal sanctions, in accordance with Article 25 of the Convention. In the meantime, the Committee hopes that the Government will provide information on current prosecutions under existing penal provisions. In this regard, the Committee recalls that the Government is under the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced.

Assistance for victims

The protection of victims of trafficking and, more generally, the protection of witnesses, contributes to ensuring compliance with the law and the effective punishment of those responsible, as required by Article 25 of the Convention and Article 5 of the Palermo Protocol. In this respect, the Committee notes with interest that in 2005 a judge of Juvenile Court No. 1 in the city of Necochea applied directly the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons in the case of four women who had escaped from the sexual exploitation to which they had been subjected. In her ruling, the judge ordered the Secretary for Human Rights of the Province of Buenos Aires to provide housing for the victims and guarantee their physical, psychological and moral well-being. This important precedent nevertheless underlines failings in the national legislation in relation to the protection of victims. The ITUC indicates in this respect that support can only be ordered by a judge when a judicial process has been initiated, while many trafficked people require support before they even consider taking legal action. It adds that the victims of trafficking do not currently benefit from adequate assistance and that in order to establish an effective national programme, adequate funding is necessary to provide for appropriate assistance of victims.

International cooperation

The Committee notes that, according to the Government, the Ministry of Labour is participating actively in the Human Rights Observatory of the Bolivian Community of the Ministry of Justice and Human Rights. The Committee hopes that the Government will provide information on the measures adopted or envisaged to coordinate the action taken with all countries that in one way or another are involved in the trafficking in persons within or outside the country.

The Committee observes the convergent comments of the national and international trade union organizations on the trafficking in persons for labour and sexual exploitation. This practice constitutes a serious violation of the Convention and requires action that is energetic, effective and proportional to the gravity and magnitude of the phenomenon. The Committee welcomes the Government’s statement that “achieving better regulation is one of the concerns of the Argentine State”.

The Committee hopes that the Government, in addition to the action to which it has previously specifically referred in this observation, will also take the following action:

–           give priority to the adoption of legislation which appropriately defines, classifies as a crime and penalizes all forms of trafficking;

–           reinforce the effectiveness of the inspection services;

–           take measures to investigate and eradicate corruption of the police force in relation to trafficking;

–           take measures to ensure that those found guilty of trafficking have dissuasive penalties imposed;

–           provide information on measures taken to raise public awareness of the trafficking of persons;

–           provide adequate support and protection for the victims of trafficking; and

–           provide information on the measures taken to coordinate transnational action with both the countries of origin and those of destination.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in reply to its general observation on the privatization of prisons and prison labour.

The Committee notes with interest the provisions of the Act on the execution of sentences of detention (Act No. 24.660, sections 106-132) concerning prison labour.

The Committee notes with particular interest section 120 on the remuneration of work by detainees, under which "the work of detainees shall be remunerated ... . Where the goods or services produced are intended for the State or entities of public utility, the wage of the detainee shall not be lower than three-quarters of the minimum mobile subsistence wage. In other cases or where the organization of the work is the responsibility of a mixed or private enterprise, the remuneration shall be equal to the wage of corresponding free workers in the occupational category concerned".

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's report. In its previous comments, the Committee noted a National Penitentiary Policy Steering Plan which referred to a preliminary draft law on training and work in prisons: this was intended to make inmates' work more flexible and optimize potential productivity so that penitentiary work would be integrated into overall national production through the participation of private industry and all production-linked sectors. The Committee drew the Government's attention to paragraphs 97 and ff. of its 1979 General Survey on the abolition of forced labour, in which it recalled that prison work carried out for private undertakings is compatible with the Convention only if the necessary guarantees exist to ensure that the persons concerned offer themselves voluntarily without being subjected to pressure or the threat of any penalty and that the work is carried out in conditions comparable to those of free workers in regard to wages, social security, working hours, etc. In addition, the Committee also referred to a proposal by the Government to amend the National Prisons Act.

The Government in its report states that it will inform the Committee of any progress made on the matters, and the Committee takes due note of this. However the Committee hopes that the Government will be able to indicate in its next report positive developments with regard to the adoption of these texts, given the requirements in particular of Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(c), of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee has taken note of the National Penitentiary Policy Steering Plan (http:jus.Gov.Ar., Ministry of Justice, Area legislativa y reglamentaria) which refers to a preliminary draft law on training and work in prisons intended to make inmates' work more flexible and to optimize potential productivity so that penitentiary work will be integrated into overall national production through the participation of private industry and of all production-linked sectors.

The Committee reminds the Government of the indications given in paragraphs 97 ff. of its 1979 General Survey on the abolition of forced labour, to the effect that prison work carried out by private undertakings is compatible with the Convention only on condition that the necessary guarantees exist to ensure that the persons concerned accept the work voluntarily, without being subjected to pressure or the threat of any penalty, and that there are, moreover, certain guarantees which ensure that the work will be carried out in conditions comparable to those of free workers in regard to wages, social security, working hours, etc.

The Committee requests the Government to send it a copy of the law on training and work in prisons once it has been adopted.

The Committee also notes the proposed amendment of the national prison act and requests the Government to send it a copy of the new law once it has been adopted.

The Committee notes the information supplied by the Government in its report on voluntary military service.