Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Argentine

Convention (n° 29) sur le travail forcé, 1930 (Ratification: 1950)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 (Ratification: 2016)

The Committee refers to its observation in which it notes the Government’s action to combat forced labour, particularly within the framework of the National Plan to combat the trafficking and exploitation of persons, and requests the Government to provide further information on the following points:

Article 2 of the Protocol. Prevention. Clause (d). Protecting migrant workers during recruitment. The Committee requests the Government to indicate the measures taken to prevent and identify possible abusive and fraudulent practices in the recruitment and placement process.

Clause (e). Supporting due diligence by both the public and private sectors. The Committee welcomes the adoption of the first National Action Plan on business and human rights 2023–2026 (PNAEDH), which was approved by Decree No. 624 of 2023 and sets out the objectives to: (i) strengthen public policy and promote actions to respect, protect and fulfil human rights in business activities; (ii) improve the capacity of State officials to promote a common understanding of international standards on business and human rights; and (iii) encourage dialogue among areas of Government to facilitate greater involvement and participation in the design and implementation of public policies. Section 8 of Decree No. 624 establishes the Advisory Council to the National Action Plan, aimed at supporting the interministerial working group in implementing, improving and evaluating the objectives of the National Action Plan. The Committee requests the Government to provide specific information on the measures taken to support due diligence of both public and private enterprises, including those proposed by the Advisory Council to the National Action Plan in the context of the implementation of theNational Action Plan on business and human rights 2023–2026 (PNAEDH) relating to the prevention and mitigation of the risks of forced labour.

Article 4(1) of the Protocol. Access to remedies and compensation. The Committee recalls that section 29 of the Criminal Code establishes the rights of redress or compensation for victims and third parties in all cases where there is a conviction for a crime, and that section 28 of Act No. 26.364 establishes that, in cases of trafficking and exploitation of persons, the conviction or equivalent court decision must include financial reparation for the victims. These reparations do not prevent victims from seeking full compensation for damages suffered through civil process.

The Government indicates that the special unit on trafficking in persons under the General Prosecution Service (PROTEX) has promoted identification of defendants’ assets in supporting prosecutors’ requests for precautionary measures, as well as the submission of joint notifications to enforce reparations owed to victims. In this respect, the Committee duly notes the sentences, provided by the Government, handed down for trafficking in persons which require full reparation for victims.

With regard to the functioning of the Assistance Fund for victims of trafficking, the Committee notes the Guide for inspectors on the operation of the trust fund for reparation for victims and asset management in cases of trafficking in persons: Analysis and application of Act 27.508, which showed that, out of a total of 112 convictions brought between July 2019 and December 2022, 256 victims who had received some kind of reparation were identified.

The Committee notes that, according to the National Plan evaluation report (October 2022 to October 2023), the Assistance Fund was activated in October 2021 and continues to perform its function of administering assets seized in court cases involving trafficking in persons and money laundering, where the predicate offence is directly related. The first disbursement was carried out in July 2022 and to date compensation has been awarded to several dozen victims recognized as such in final sentence rulings.

The Committee welcomes the measures taken to ensure that victims of forced labour have access to redress mechanisms and are compensated. The Committee requests the Government to continue to provide information on: (i) the measures taken to ensure that victims are aware of their rights and the services they can go to for redress; (ii) cases in which the courts have ordered compensation for damages suffered by victims of the crimes of trafficking of persons (section 145 bis of the Criminal Code), servitude, and forced labour (section 140 of the Criminal Code); (iii) how reparation is provided in cases where no complaint is filed or when victims return to their country of origin; and (iv) the actions undertaken by the competent authorities to encourage the confiscation of assets under section 29 of the Criminal Code.

Article 4(2) of the Protocol. Absence of prosecution or penalties for unlawful activities which victims have been compelled to commit. The Committee notes the thematic document for the application in practice of the principle of non-criminalization of victims of trafficking and or exploitation of persons, transmitted by the Government, which establishes criteria to be followed by prosecutors in accordance with section 5 of Act No. 26.364. The Committee observes that, although this section sets out that victims of trafficking cannot be punished for any offence that is the direct result of having been trafficked, this provision does not seem to apply to victims of other situations involving forced labour. The Committee requests the Government to clarify and indicate how it is ensured that the principle of non-punishment applies to victims of other forms of forced labour (slavery or servitude).

Article 6. Consultation with employers’ and workers’ organizations. The Committee requests the Government to indicate the form of the consultations with employers’ and workers’ organizations on the application and evaluation of the National Plan, noting, in this respect, that the workers’ organizations are not part of the Federal Council for combating trafficking in persons or its Executive Committee.