Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - République démocratique populaire lao (Ratification: 1964)

Article 25 of the Convention. Penalties for the exaction of forced or compulsory labour. The Committee notes the provision of article 3(10) of the amended Labour Law No. 06/NA, 2006, prohibiting the imposition on workers of any form of compulsory labour which is inconsistent with the employment contract. It also notes that article 75 of the same Law provides for sanctions for the violation of the Law, such as a warning, a fine, temporary suspension from work, as well as “legal action taken in accordance with the degree of violation, including compensation for the losses caused” by such violation.

The Committee recalls that, under Article 25 of the Convention, “the illegal exaction of forced or compulsory labour shall be punishable as a penal offence” and the penalties imposed by law shall be “really adequate and strictly enforced”. The Committee therefore hopes that the Government will provide, in its next report, information on measures taken or envisaged in order to give full effect to this Article of the Convention. Noting also the Government’s indication in the report that there have been legal proceedings instituted as a consequence of the application of article 3(10) of the amended Labour Law referred to above, the Committee requests the Government to provide information on such legal proceedings, indicating the penalties imposed and providing copies of relevant judicial decisions.

The Committee previously noted the provisions of the amended Penal Law No. 56/NA, of 9 November 2005, punishing human trafficking (section 134), as well as the provisions of the Law on Development and Protection of Women punishing trafficking in Women and Children (section 49). While noting the Government’s explanations concerning the contents of the above provisions, the Committee requests the Government once again to provide, in its next report, information on the application of these provisions in practice, supplying sample copies of the court decisions and indicating the penalties imposed on perpetrators.

Communication of texts. The Committee notes the Government’s indication in the report that a bill on public servants will be submitted to the National Assembly by 2014. It hopes that the Government will supply a copy, as soon as it is adopted. Pending the adoption, the Committee requests the Government to communicate a copy of the Prime Minister Decree No. 82 governing the public service, to which reference is made in its report.