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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report received in 2019 as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Referring to its previous comments, the Committee observes that the Government has continued to strengthen its legislative and institutional framework for combating trafficking in persons. It notes in particular with interest the adoption of Act No. 19.643 of 20 July 2018 on preventing and combating trafficking in and exploitation of persons, and the National Plan of Action to prevent and combat trafficking in persons for 2018–2020 agreed on by the Inter-institutional round table set up for the same purpose (Decree No. 304/015 of 6 November 2015).

As regards Act No. 19.643, the Committee notes that it contains specific and comprehensive provisions on the protection and assistance to be provided for victims of trafficking as well as the integral compensation, restitution and rehabilitation of their rights. It establishes the National Council to prevent and combat trafficking in and exploitation of persons (CNTE), as the main body responsible for the elaboration, adoption, implementation and assessment of public policies and the National Plan on trafficking in persons, as well as for the coordination of the actions undertaken by the different stakeholders. In its supplementary information, the Government indicates that the CNTE held three meetings in 2019 which led to the setting up of two working groups, namely: (i) on prevention and prosecution of trafficking in persons; and (ii) on prevention of trafficking in persons, including through awareness-raising and capacity-building. The Committee notes the Government’s statement that the CNTE is currently working on an inter-institutional protocol for action and referral of possible victims, which should be finalized by the end of 2020. It further notes that Act No. 19.643 also refers to the development of an inter-institutional response system regarding actions for the prevention, assistance and compensation for victims of trafficking, registration of information, capacity building and assessment. Recalling that section 78 of Act No. 18.250 of 17 January 2008 on migration criminalizes trafficking in persons and provides for prison sentences from four to 16 years, the Committee further notes that Act No. 19.643 has amended section 280 of the Penal Code with a view to criminalizing not only slavery, but also servitude and forced labour. It has also introduced a new section 280 bis criminalizing sexual slavery and a section 280 quater criminalizing forced prostitution. Moreover, section 44 provides that the Public Prosecutor will collect information on reports of internal and international trafficking and report annually to the Parliament.

Regarding the National Plan of Action to prevent and combat trafficking in persons for 2018–20, the Committee notes that it sets specific strategic lines for action on prevention, public awareness-raising and capacity-building, in particular of public officials; detection of situations of trafficking in persons and effective access to justice; comprehensive assistance to victims; as well as inter-institutional coordination and international and regional cooperation. The National Plan of Action also provides for the publication of annual reports in order to assess the progress made and the difficulties faced in the implementation of the plan.

The Committee notes the Government’s indication, in its report, that several awareness-raising and capacity-building activities were carried out in 2018 and 2019, in particular for judicial authorities with respect to the new provisions of Act No. 19.643. Regarding victim protection, the Government indicates that multidisciplinary technical teams provide social and psychological assistance to victims of trafficking and that free legal assistance is also provided by the National Public Defence Office. The Committee notes that, according to the website of the National Institute for Women of the Ministry of Social Development (INMUJERES), which manages the centre that provides assistance to women victims of trafficking for sexual exploitation, a total of 157 women benefited from its services in 2017–2018. In that respect, the National Plan of Action provides for the revision of the protocol for the assistance of women victims of trafficking for sexual exploitation, as well as the elaboration of several new action protocols intended to detect and investigate cases of trafficking. The Committee further notes that, in its supplementary information, the Government states that, in 2018–19, 54 complaints for trafficking in persons were registered, out of which 38 are still under investigation and three resulted in penalties, and 29 victims of trafficking in persons were identified.

The Committee welcomes the efforts made by the Government to reinforce the legal and institutional framework to combat trafficking in persons. The Committee hopes that the Government will take the necessary measures to fully implement the strategic lines for action included in the National Plan of Action to prevent and combat trafficking in persons for 2018–2020, including by strengthening the capacity of labour inspectors and other law enforcement officials to identify situations of trafficking in persons, both for sexual and labour exploitation. It requests the Government to provide information on the nature and impact of the measures adopted in this regard, and in particular on the assessments of the implementation of the National Plan of Action undertaken by the CNTE. The Committee further requests the Government to provide information on the specific measures taken for the protection and compensation of victims, both women and men, as provided for in Act No. 19.643. Lastly, the Committee requests the Government to provide detailed information on the investigations carried out, the prosecutions initiated and penalties imposed under section 78 of Act No. 18.250 and sections 280, 280 bis and 280 quater of the Penal Code, as well as on any difficulties faced by the authorities involved in the prosecution of these offences.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report received in 2019 as well as the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Prison labour. 1. Legislative developments. The Committee previously noted that according to Legislative Decree No. 14.470 regulating conditions of imprisonment, convicted prisoners have an obligation to work and that in certain special circumstances the prison authority may conclude an agreement with public or private organizations concerning the use of prison labour and of prison workshops (sections 41 and 44). It noted that such agreements had been concluded since the Government indicated that a number of prisoners were working for private enterprises. In that regard, the Committee also noted the Government’s statement that, despite the above-mentioned provisions, work in prison is voluntary, and that according to the provisions of paragraph 65 of Decree No. 225/006 of 13 July 2006, before starting any work, convicted prisoners must give their consent in writing.

The Committee notes the adoption of Act No. 19.889 on urgent consideration (Ley de Urgente Consideración (LUC)) of 9 July 2020 which amends section 41 of Decree No. 14.470 and provides that: (i) convicted prisoners have an obligation to work, and (ii) the failure of convicted prisoners to comply with such an obligation will not be penalized by the removal of rights but will entail the reduction of their benefits as determined by regulations. The Committee notes that not only does the newly amended section 41 of Decree No. 14.470 provide for an obligation to work of convicted prisoners, but it also provides that convicted prisoners who refuse to work can be punished by reducing their benefits, thereby amounting to a “menace of a penalty” under the terms of the Convention. In that regard, the Committee recalls that work by prisoners for private enterprises can be held compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned offer themselves voluntarily, by giving their free, formal and informed consent and without being subjected to pressure or the menace of any penalty, including the loss of a right or a privilege (advantage), and that this work is performed under conditions which approximate a free labour relationship (see 2012 General Survey on the fundamental Conventions, paragraphs 279 and 291).

In light of the above considerations, the Committee trusts that the Government will take the necessary measures to ensure that, both in legislation and in practice, prisoners carrying out work for private entities, as provided under section 44 of Legislative Decree No 14.470, do so only with their free, formal and informed consent, and that the conditions of such work approximate those of a free labour relationship. It requests the Government to provide information on any progress made in that regard. In the meantime, the Committee requests the Government to provide information on the interplay of new section 41 of Legislative Decree No. 14.470 with other regulations on prison labour, in particular paragraph 65 of Decree No. 225/006.

2. Prison labour in the framework of public–private partnerships. The Committee previously noted that, following a call for tenders in December 2012, a prison was under construction in the context of a public–private partnership for the first time in Uruguay. It requested the Government to indicate whether the issue of labour by prisoners was covered in the public–private partnership contract, and to indicate whether the private entity selected to finance and construct the prison was required to fulfil certain obligations in relation to the provision and management of prison labour.

The Committee notes the Government’s statement, in its report, that neither the call for tenders nor the public–private partnership contract contain any provision or obligation concerning the issue of work by prisoners. Noting that the above-mentioned prison, Unit No. 1 of Punta de Rieles, was inaugurated in January 2018, the Committee notes the Government’s statement that prisoners work in internal services and maintenance activities within the establishment. The Government refers to several documents containing information on the consent, remuneration and conditions of work by prisoners which were not attached to its report, namely: (i) model contracts signed with a private entity regulating the work of prisoners within Unit No. 1; (ii) labour regulations for prisoners who work for the private entity; and (iii) a code of conduct for prisoners who work for the private entity. The Government adds that the authority responsible for monitoring the compliance with the public–private partnership contract requests monthly information on the obligations regarding work which are applicable to all persons working within the prison, regardless of whether they are prisoners or not. The Committee refers to its above comments underlining the need to ensure that prisoners carrying out work for private entities give their free, formal and informed consent to work, and requests the Government to provide detailed information on the manner in which prisoners express interest and give consent to work within the framework of the public–private partnership. The Committee requests the Government to provide information on the remuneration and conditions of work of these workers, and to communicate any relevant document available in this regard, including the model contracts, the labour regulations and the code of conduct referred to above. The Committee also requests the Government to provide information on the content of the monthly information on the obligations regarding work within the prison collected by the authority responsible for monitoring the compliance with the public–private partnership contract.

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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the legislative and institutional framework established to combat trafficking in persons and the various measures adopted bore witness to the Governments’ will to combat this scourge. However, it noted that the measures taken have mainly focussed on combating the sexual exploitation of women and it requested the Government to also indicate the measures taken to combat the trafficking of men and women for labour exploitation.

The Committee notes that, in its report, the Government refers to the regular meetings held by the inter-institutional round table to prevent and combat trafficking in persons and adds that a representative of the Public Prosecutor now participates in these meetings. The Government also refers to the training provided throughout the national territory to the officials of the Office of the Public Prosecutor. With regard to the application of section 78 of Act No. 18,250 on migration, which penalizes trafficking in persons, the Government refers to three prosecutions which resulted in convictions for the crime of trafficking in persons and two other current prosecutions.

The Committee observes that the inter-institutional round table to prevent and combat trafficking in persons was established following the adoption of Decree No. 304/015 of 6 November 2015. Its objectives include the provision of a forum for coordination and advice for the development of comprehensive public policies in response to the issue of trafficking; the formulation of a national plan of action and monitoring of its implementation; and the preparation of an annual report on the situation of trafficking in the country, including the results achieved. The Committee also notes that, according to the information available on the website of the Parliament, in 2016 a Bill was submitted in November with the objective of comprehensively regulating the prevention, investigation, prosecution and penalization of the crime of trafficking in persons and the protection and compensation of victims. With regard to the protection of victims, the Committee notes that it is mainly carried out through the National Institute for Women of the Ministry of Social Development (INMUJERES), which manages the centre that provides women victims of trafficking for sexual exploitation with specialized services of psychological, social and legal assistance free of charge, and which has also set up a telephone assistance line. According to the website of INMUJERES, between March 2011 and January 2016, a total of 265 women benefited from its services. Finally, the Committee notes that the Ministry of the Interior is working on the preparation of an action protocol intended to harmonize the intervention procedures of the police and to propose the necessary tools throughout the country to investigate and combat the crime of trafficking in persons.

The Committee welcomes the overall and integrated approach adopted by the Government to strengthen action to combat trafficking in persons for both sexual and labour exploitation. The Committee hopes that the Government will continue to follow this approach and that it will take all the necessary measures for the adoption of the Bill on comprehensive action to prevent and combat trafficking in persons. The Committee also requests the Government to provide detailed information on the activities of the inter-institutional round table to prevent and combat trafficking in persons and the results achieved. It also requests the Government to indicate whether the inter-institutional round table has formulated a national plan of action and published annual reports on the situation of trafficking in persons, as envisaged by Decree No. 304/015, and provide any available information in this respect. Finally, the Committee would like the Government to continue providing information on the cases of legal action initiated under section 78 of Act No. 18,250 on migration and the penalties imposed, with an indication of the measures taken to reinforce the capacity of the police, prosecution and judicial authorities to identify situations of trafficking in persons and to protect victims.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that, in the context of public–private partnerships, there was a construction project for a prison for which the Ministry of the Interior had made a call for tenders in December 2012. In its report, the Government indicates in this regard that the prison is currently under construction and that, once it has been inaugurated, information will be provided on the labour procedures established in the context of reintegration programmes for prisoners. The Committee requests the Government to indicate whether the issue of labour by prisoners is covered in the public–private partnership contract, and to indicate whether the private entity selected to finance and construct the prison is required to fulfil certain obligations in relation to the provision and management of prison labour. Please indicate the requirements that have to be fulfilled in relation to work performed by prisoners in the context of a prison with mixed management (consent, pay and conditions of work).

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. 1. Work by prisoners for private enterprises. The Committee notes the detailed information provided by the Government, especially the agreements concluded with private enterprises. The Committee notes with interest that the remuneration for prisoners who work for private enterprises is at least the amount of a national minimum wage and that, in the case of a period of apprenticeship, which shall not exceed 60 days, they shall receive a sum equivalent to half the national minimum wage. The Committee also notes the planned measures for coverage by the Social Insurance Bank. The Committee asks the Government to continue providing information on the conditions of work of prisoners for private enterprises.

2. Community work instead of a prison sentence. In its previous direct request, the Committee noted that penal legislation allows the judge, in exceptional circumstances, to impose community work instead of a prison sentence, that this substitute sentence is pronounced in the context of court proceedings by a judge who is independent of the political authorities, that it may be the subject of an appeal to a higher court and that it must be of short duration. The Government referred to the cleaning of state schools or minor manual work as examples of community work. The Committee requested the Government to send a copy of the legislation regulating community work and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out. The Committee notes that the Government’s report does not contain the information requested and asks the Government to provide this information in its next report.

3. Provision of community services as an alternative to custody pending trial. The Committee notes that the Government’s report refers to Act No. 17726 on alternative measures to custody pending trial, which includes the provision of community services. The Committee notes section 3(f) of Act No. 17726 under which the judge may substitute custody pending trial with community services. This provision establishes “the obligation to perform tasks …” and envisages that the remuneration for the work performed shall be kept for and paid to the accused “if the indictment is revoked or in the event of acquittal”. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, work may only be exacted as a consequence of a “conviction in a court of law”. The Committee considers that prisoners awaiting trial or persons detained without trial may work, if they so wish, on a purely voluntary basis and notes that under section 41 of Act No. 14470 (the Prisons Act, as amended by Act No. 15536), “with regard to prisoners held for trial, the prison authority shall always allow them the possibility to work when they voluntarily show their willingness to work”. The Committee requests the Government to indicate the provisions which envisage the consent of the person concerned to substitute custody pending trial with the performance of community services.

4. The Committee notes the information provided by the Government concerning the freedom of public servants to leave their employment.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes Act No. 14.470 regulating conditions of imprisonment and Decree No. 440/978 approving the internal regulations governing rehabilitation centres, communicated by the Government. The Committee notes that, under the Act on conditions of imprisonment (sections 41-47), convicted prisoners have an obligation to work. As regards the methods and organization of this work, hours of work, safety and health, and accidents, the technical requirements and standards laid down in the relevant labour legislation must be respected. The Committee also notes that, under section 45 of the Act, prisoners’ work must receive remuneration. It notes the detailed information provided by the Government on such remuneration in its last reports. Finally, the Committee notes that, under section 44 of the Act, the work is organized and managed by the prison authority but, in certain special circumstances, the authority may conclude an agreement with public or private organizations concerning the use of prison labour and of prison workshops. It appears that such agreements have been concluded since the Government indicates in its report sent in 2000 that a number of prisoners are working for private enterprises (ANIEL and PANDY). The Committee requests the Government to provide examples of agreements concluded between the prison authorities and private enterprises for the use of prison labour, and to supply information on the conditions in which prisoners’ work is carried out, in particular as regards prisoners’ consent to work performed for the benefit of the said private organizations. Finally, the Committee requests the Government to send  a copy of the abovementioned Act regulating conditions of imprisonment, including any amendments which have been made to it.

2. The Committee notes that the Government indicated in its 2002 report that penal legislation allows the judge, in exceptional circumstances, to impose community work instead of a prison sentence. This substitute sentence is pronounced in the context of court proceedings by a judge who is independent of the political authorities. It may be the subject of an appeal to a higher court and it must be of short duration. The Government refers to the cleaning of state schools or minor manual work as examples of community work. The Committee notes this information and requests the Government to send a copy of the legislation regulating community work and to provide more detailed information on the nature of the work performed in the context of community work, as well as on the organizations for the benefit of which this work is carried out.

3. Freedom of public servants to leave their employment. The Committee notes that the Government indicated in its 2000 report that there are no legislative provisions preventing public servants from leaving their employment. It requests the Government to indicate whether in practice a public servant’s application to resign might be refused and, if so, for what reasons (see for example, section 220 of the Organic Act concerning the armed forces (Act No. 14.157), under which an application to resign submitted by a member of the armed forces might be refused by the Executive Power if justified by the interest of the service for valid reasons).

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

The Committee has noted the information in the Government's first two reports. It would be grateful if the Government would supply information on the following matters, in the light of Article 2(1) and (2) of the Convention, in order to facilitate a more complete appreciation of how the Convention is applied.

1. Please indicate any provisions which might prevent workers, particularly in the public service or the military, from leaving their employment.

2. Please describe any work of a non-military character carried out under any compulsory military service.

3. Please indicate any work performed by virtue of normal civic obligations.

4. Please describe the work of the executive committee with responsibility for questions of prison labour created under Act No. 16.707, section 34, and any cases where prison labour is hired to or placed at the disposal of private parties.

5. Please indicate any provisions for the exaction of work in cases of emergency.

6. Please describe any services required of members of local communities.

7. Please indicate how far sections 280, 281 and 288 apply in cases of illegal exaction of forced or compulsory labour and any penalties imposed in accordance with Article 25 of the Convention.