Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Honduras (Ratification: 1957)

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2018 and supported by the International Organisation of Employers (IOE), as well as the Government’s response to these observations.

Articles 1(1), 2(1) and 25 of the Convention. 1. Reinforcement of the legal framework to combat the various forced labour practices. The Committee notes the adoption of a new Penal Code, through Decree No. 130-2017 of 31 January 2019, which entered into force on 10 November 2019. The Committee notes that, under the terms of section 139, slavery, sexual slavery and forced prostitution are crimes against humanity. Sections 219, 221 and 292 define the elements that constitute the crimes of trafficking in persons, exploitation under conditions of slavery and servitude and the exploitation of work, and establishes the applicable penalties. The Committee notes with interest the adoption of all these provisions, which reinforce the legal framework for action to combat the various practices covered by the definition of forced labour. The Committee requests the Government to provide information on the measures taken to raise the awareness of the law enforcement authorities concerning these new provisions with a view to facilitating the identification of victims and punishing those responsible for such crimes. The Committee asks, in particular, for information on the repression of the crime of exploitation of work, under the terms of which any person who by means of deceit or abuse of a situation of need prejudices, restricts or fails to recognize the legally established rights of workers shall be liable to a sentence of imprisonment.

2. Trafficking in persons. In its previous comments, the Committee welcomed the strengthening of the national legal framework to combat trafficking in persons through the adoption of Decree No. 59-2012 (the Act against trafficking in persons), as well as the institutional framework, particularly with the launching of the Inter-Institutional Commission against Commercial Sexual Exploitation and Trafficking in Persons (CICESCT) and the establishment of the immediate response team (ERI), which is responsible for identifying victims and providing them with assistance. Noting that a National Plan of Action against Commercial Sexual Exploitation and Trafficking in Persons was under preparation, the Committee requested information on the measures taken in this context with a view to prevention, the protection of victims and the reinforcement of the capacities of the prosecution services.

Institutional framework. In its report, the Government indicates that the Strategic Plan to Combat Commercial Sexual Exploitation and Trafficking in Persons in Honduras (2016–22), adopted in December 2016, establishes objectives for coordination, prevention, assistance to victims, prosecutions and the penalization of crimes. It adds that the budget of the CICESCT was increased for 2017 so that the Commission would have adequate personnel and material and logistical resources to fulfil its functions effectively. This increase made it possible for the CICESCT to reinforce its action in the fields of prevention and assistance to victims through the immediate response team. With regard to the implementation of the National Plan of Action, local CICESCT committees ensure the implementation of local plans which take into account regional characteristics. The Government observes that, through the work of the CICESCT, the roles and responsibilities of the various institutions have been determined more precisely, which has made it possible to considerably improve coordination, optimize the use of resources and respond more effectively to the problem of trafficking in persons. The Committee also notes that a final evaluation of the implementation of the National Plan is envisaged, following which the results achieved will be analysed and technical and financial recommendations made with a view to the preparation of the next strategic plan. The Committee notes in this respect that, in their joint observations, the COHEP and the IOE indicate that an evaluation conducted by the CICESCT shows that the implementation of the Act against trafficking in persons was assessed positively and that a series of recommendations and opportunities for improvement have been issued. The Committee hopes that the Government will be able to continue to reinforce the role of the CICESCT so that it can ensure that the various components of the Strategic Plan to Combat Commercial Sexual Exploitation and Trafficking in Persons in Honduras (2016–22) are implemented. The Committee requests the Government to provide detailed information on this subject. Please also provide information on the final evaluation of the implementation of the Plan, the results achieved, the difficulties encountered and the measures taken or envisaged to overcome them.

Protection of victims. With regard to the protection of victims, the Government indicates that they have received full assistance. The Committee notes the information relating to primary assistance, provided during the 72 hours following the identification of victims and intended to meet their urgent and basic needs; secondary assistance, provided within the framework of a medium- and long-term support process until the situation of the victims and their conditions have improved; and the assistance provided to Honduran nationals abroad. For example, victims can benefit from micro-credits to create small enterprises as a means of obtaining an income. The immediate response team coordinates the provision of this assistance and, in December 2016, a protocol for action by the immediate response team was adopted setting out procedures to be followed to coordinate the action taken for the provision of full protection. The Committee requests the Government to continue taking the necessary measures to enable the immediate response team to provide to victims of trafficking the primary and secondary assistance set out in the Act against trafficking in persons. Please provide detailed information on this subject. The Committee also requests the Government to indicate whether the victim protection fund envisaged in section 20 of the Act has been established.

Sanctions. The Committee notes the information on complaints, investigations and prosecutions initiated in 2016 on cases of trafficking in persons and sexual exploitation. It notes that during that period, 49 complaints were lodged, 30 persons were brought before the courts and eight were convicted and given sentences of imprisonment of between 11 and 18 years. The Committee notes that in their joint observations the COHEP and the IOE refer, among the obstacles faced by the authorities, to the lack of a budget for preventive action to raise awareness of and the visibility of the crime of trafficking in persons. The Committee requests the Government to continue providing information on the investigations conducted, prosecutions and sanctions imposed in cases of trafficking for sexual and labour exploitation. It once again requests the Government to specify the manner in which, in the context of these procedures, identified victims receive compensation for the damage suffered (section 40 of the Act against trafficking in persons). Further noting that the cases only concern trafficking for sexual exploitation, the Committee requests the Government to indicate the measures adopted to reinforce the capacities of the authorities to identify situations of trafficking in persons for labour exploitation so as to encourage the gathering of evidence and the initiation of judicial procedures.

3. Vulnerability of displaced persons and the risk of forced labour. The Committee notes the 2016 report of the United Nations Special Rapporteur on the human rights of internally displaced persons on his mission to Honduras. It notes that the Special Rapporteur analyses the issue of internal displacement induced by violence and the criminality of organized gangs. Faced with violence or threats of violence, families are forced to leave their homes with no hope of returning. The Special Rapporteur emphasizes that internal displacement is a precursor to migration, as there is no viable solution for the victims of such displacement that would offer them safety, security and a means of subsistence in Honduras. Many migrants enter an ever deteriorating cycle of migrant exploitation and increased vulnerability as their resources and options dwindle (A/HRC/32/35/Add.4, 5 April 2016, paragraph 79). The Committee notes that, in his report on the human rights situation in Honduras in 2016 and 2017, the Secretary of State for Human Rights, Justice, Governance and Decentralization indicates that Honduras has recognized, through the establishment in 2013 of the Inter-Institutional Commission for the Protection of Persons Displaced by Violence, that internal displacement is a consequence of violence. According to his report, the Department for the Protection of Persons Displaced by Violence was created in 2017 and will function as the operational body of the Inter-Institutional Commission as from 2018. The Committee requests the Government to provide information on the measures taken to protect displaced persons and to raise their awareness of the risk of exploitation and forced labour to which migration may give rise, which is compounded by the situation of vulnerability of the persons concerned.

Article 2(2)(c). 1. Prison labour for private entities. The Committee notes that, under the terms of the prison regulations (the Act respecting the national prison system and its implementing regulations, Decree No. 64-2012 of 3 December 2012 and Executive Decision No. 322-2014 of 12 March 2015), prison work can take on different forms, including work assigned by private law individuals or associations within the prison. In general, work has to be carried out inside the prison and supervised by prison staff, and prisoners who work enjoy the same rights as free workers (sections 170, 171, 177 and 179). The Committee previously requested the Government to indicate whether contracts had been concluded between prisons and private entities so that the latter can carry out commercial activities inside prisons using prison labour.

The Government indicates, with regard to work by prisoners for private entities that, at present, there are only oral agreements between private enterprises and detainees, as the agreements between the National Prison Institute and private enterprises have not yet entered into force. The agreements are currently being reviewed prior to their signature. The work performed by prisoners for private enterprises includes cutting and sanding wood and the manufacture of furniture. With regard to consent to perform the work, the Government indicates that prisoners participate in work at their own initiative or after being identified by officials of the National Prison Institute through interviews and evaluations.

The Committee notes this information and requests the Government to provide copies of any agreements signed by the National Prison Institute and private enterprises with a view to the development of commercial activities in prisons. Please specify the manner in which detainees indicate their interest in working within the framework of this public–private partnership, and how they are informed of the conditions of work and wages proposed, and how their acceptance of these conditions is obtained.

2. Sentences of community service. The Committee notes that section 50 of the Penal Code establishes the penalty of the performance of community service or services for victims, which consists of the requirement to perform community services free-of-charge that are related to the crime committed. Community service or services for victims cannot be imposed without the consent of the convicted person. Such services are facilitated by the public administration, which may conclude agreements for that purpose (section 50 of the Penal Code). The Committee requests the Government to indicate whether agreements have been concluded for the implementation of sentences of community service, to specify the entities with which such agreements have been concluded and to provide examples of the types of work or services performed in this context.