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

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

The Committee takes note of the observations made by the Independent Trade Union Coalition of Cuba (CSIC), received on 1 September 2014. The Committee notes that the CSIC denounces bilateral cooperation agreements signed between Cuba and a number of countries for which Cuba has undertaken to provide skilled labour, especially in the areas of health, education and sport, in exchange for a certain amount of foreign currency. The CSIC states that, although the workers voluntarily accept to be part of these programmes and to leave Cuba, once they arrive in their country of destination the voluntary nature of this agreement ends in so far as their freedom of movement is restricted, given that their passports or identity documents are withheld; they cannot choose their place of residence or refuse conditions of work, and they are only paid a very small portion of the wage agreed upon by the governments who are parties to the cooperation agreement. The Committee notes that, in its response to the above allegations, received on 24 November 2014, the Government indicates that participation in cooperation programmes is strictly voluntary. The Government stresses that the performance of work, working and living conditions, as well as any other questions related to wage arrangements are discussed collectively, prior to departure. An agreement is then signed between the individual participating in the programme and the representative of the relevant institution in Cuba, in which participants agree to contribute with part of their wages to supporting the development of the healthcare system in Cuba. Prior to departure participants also have the possibility of accepting or objecting the conditions under which work will be carried out abroad, including with regard to benefits they shall enjoy. The Committee requests the Government to provide information on the countries with which the abovementioned bilateral agreements have been signed, and to provide sample copies of such agreements, as well as of standard individual contracts concluded between individuals participating in cooperation programmes and the foreign institutions for which work shall be performed. The Committee also requests the Government to provide information on the methods utilized for the payment of wages and the amount deducted for the contribution to the development of the healthcare system in Cuba. Finally, the Committee requests the Government to indicate the manner in which contracts may be terminated by participants and, in this connection, the procedures available for return to Cuba.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and forced prostitution. The Committee notes from the website of the Ministry of Foreign Affairs information on the action undertaken to combat trafficking in persons and, in particular, Cuba’s 2012 report on the legal and penal measures to tackle trafficking in persons and other forms of sexual abuse. The report describes the legal framework against trafficking in persons and procuring; prevention efforts undertaken in this area; the results achieved by prosecution authorities and a summary of a number of court decisions handed down. The report emphasizes that the relationship between prostitutes and persons procuring sex workers is often of a consensual nature and the lack of any threats or coercion makes it impossible to classify these actions as trafficking in persons.

The Committee notes that section 302.1 of the Penal Code criminalizes trafficking in persons for sexual exploitation and procuring, and provides for applicable penalties. It notes that, as it is worded, this section does not encompass trafficking that might occur inside the country or trafficking for labour exploitation. The Committee also points out that according to the information contained in the abovementioned report on cases brought before the courts, most of them concern cases of forced prostitution in which the victim was subjected to threats or intimidation. The Committee encourages the Government to continue taking measures to combat forced prostitution and trafficking in women for the purposes of sexual exploitation, and requests it to provide information on the measures taken in this respect, both from the standpoint of prevention and that of the protection of victims. The Committee requests the Government to indicate the measures envisaged to strengthen the legal framework to combat trafficking in persons. Please also provide information on ongoing judicial proceedings and, if applicable, on the penalties handed down in cases of forced prostitution and trafficking in persons.