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

Forced Labour Convention, 1930 (No. 29) - Venezuela (Bolivarian Republic of) (Ratification: 1944)

The Committee notes the Government’s report. It also notes the observations submitted on 11 August 2013 by the Independent Trade Union Alliance (ASI) on the trafficking of persons in the Bolivarian Republic of Venezuela, as well as the response of the Government thereto.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legislative framework and enforcement of effective penalties. In its previous comments, noting that several legislative texts refer to trafficking in persons (the Basic Act of 2007 on the right of women to a life free of violence, the Act of 2005 against organized crime, the Act of 2004 on foreigners and migration), the Committee expressed the view that the adoption of the Bill against trafficking in persons, submitted to the National Assembly in 2011, would reinforce the legislative component of the measures to combat trafficking in persons, particularly where the victims are men and/or nationals. In its latest report, the Government indicates that with the entry into force of the new Basic Act of 30 April 2012 against organized crime and the funding of terrorism, progress can be made in incriminating perpetrators of human trafficking, thanks to section 41 of the Act, which defines the elements constituting the crime and provides for a prison term ranging from 20 to 25 years.

The Committee notes that in its observations, the ASI expresses the view that the State should reinforce the current legislative framework and amend the existing laws so as to prohibit and establish adequate penalties for all forms of trafficking in persons. According to the ASI, the Bill against trafficking prepared in consultation with civil society has again been submitted to the National Assembly without obtaining approval. The ASI calls on the State to step up its efforts to ensure that cases of trafficking in persons for sexual exploitation and labour exploitation are properly investigated and tried, and that the perpetrators of such crimes are effectively punished.

Noting the absence of any information on criminal proceedings initiated in trafficking in persons cases, the Committee requests the Government to specify the measures taken to build the capacity of the police and prosecution authorities to identify victims, conduct investigations and prosecute the perpetrators of this crime. Please indicate the number of convictions, specifying the provisions of the national legislation under which the criminal proceedings were brought. Please also indicate whether the adoption of the Bill against trafficking in persons is still on the agenda, and if not, the reasons why it has been dropped.

Prevention and awareness raising. The Committee notes the information provided by the Government on the activities undertaken by the Directorate-General for the prevention of offences established under the Ministry of People’s Power for the Interior and Justice which is the central body in charge of guiding and coordinating measures to combat trafficking in persons. It notes in particular the training organized for the various institutions that intervene in combating trafficking, to enable them better to detect instances of trafficking. Through these activities, more than 50,000 persons were trained between 2005 and 2013. Furthermore, the Directorate General for the prevention of offences is working together with the various ministries involved on a national action plan for the prevention, suppression and punishment of trafficking in persons and for assistance to victims, which will have the support of an inter-institutional committee, established to oversee the plan’s implementation. The Committee notes that the ASI stresses the need to put in place procedures for identifying victims, particularly in the prostitution sector, and to strengthen the institutional framework for combating trafficking in persons, in particular by adopting a national action plan.

The Committee requests the Government to provide a copy of the national action plan. It hopes that the Government will take the necessary measures to ensure that the inter-institutional committee is set up promptly and given the necessary sources to accomplish its task of coordinating the measures to combat trafficking in persons. Please provide information on the activities conducted, the results obtained and any difficulties encountered in implementing the national action plan.

Protection of victims. On the matter of protection for victims of trafficking, the Government states that the activities conducted by the Directorate General for the prevention of offences aim to provide comprehensive assistance to victims by covering their essential needs and giving guidance with a view to their social reintegration. Comprehensive assistance is guaranteed regardless of the nationality of the victims and is afforded to Venezuelan victims abroad through diplomatic and consular services. The Government indicates that a consultation process is under way with a view to drafting a protocol on protection and comprehensive assistance for victims. Since 2005, the Directorate General for the prevention of offences has provided comprehensive assistance for 218 victims. The Committee takes note of this information and requests the Government to provide a copy of the protocol on protection and comprehensive assistance for victims, indicating the number of victims that have benefited. It encourages the Government to continue to ensure that the authorities are in a position to identify the victims of trafficking in persons and provide them with psychological, medical and legal support that enables them to assert their rights and contributes to their social reintegration.

Lastly, the Committee notes that the ASI expresses concern at the manner in which prostitution recruitment “agencies” operate, particularly on the Internet, and at the absence of any regulation or state control in an area which is fertile ground for trafficking in persons for the purposes of sexual exploitation. The Committee requests the Government to indicate the measures taken to strengthen monitor supervision in the prostitution sector so as to raise awareness among women workers in this sector and protect them from any form of exploitation amounting to forced labour.