Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Forced Labour Convention, 1930 (No. 29) - Chile (Ratification: 1933)
Protocol of 2014 to the Forced Labour Convention, 1930 - Chile (Ratification: 2021)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of Act No. 20.507 of 8 April 2011 introducing into the Penal Code a new provision, section 411 quater, which criminalizes the smuggling of migrants and the trafficking of persons and lays down rules for their prevention and effective punishment. It asked the Government to provide information on the measures taken to apply the various parts of the Act, and on the extent of the trafficking of persons in Chile. The Committees notes with regret that in its last report the Government provides no information on these matters. It notes, however, from information available on the websites of various public authorities, that a set of measures has been introduced to combat the trafficking in persons, and particularly:

• -the establishment of an intersectoral committee on trafficking in persons, responsible for coordinating the actions, plans and programmes implemented by the various institutions involved in the prevention and punishment of trafficking in persons:
• -the adoption in December 2013 of an Action Plan to Combat Trafficking in Persons, which is the first planning tool to cover all measures to prevent, prosecute and punish trafficking and to protect the victims and provide them with effective assistance and redress. The Action Plan consists of four strategic components: prevention and awareness raising; surveillance and prosecution of offences; protection and assistance for victims; and cooperation and coordination between institutions. It provides for an annual assessment of the relevancy and effectiveness of the measures taken and the objectives set, and the regular updating of the actions pertaining to each of the strategic components;
• -the establishment, in October 2012, of a trafficking in persons investigation brigade (BRITRAP) within the Chilean criminal police force;
• -the intersectoral protocol to assist the victims of trafficking, which provides for coordination between the institutions that provide assistance of various kinds to trafficking victims so that they can effectively assert their right to care, protection, redress and the prevention of re-victimization.

The Committee requests the Government to provide information in its next report on the implementation of the measures provided for under the four strategic components of the Action Plan to combat trafficking in persons and on any assessments already conducted. It would also be grateful if the Government would specify the action undertaken by the investigation brigade to combat trafficking in persons and by the competent public authorities to ensure that the victims of trafficking, for sexual exploitation and labour exploitation alike, are identified, protected and able to assert their rights. Please indicate any obstacles encountered by these authorities and the measures envisaged to overcome them. Lastly, the Committee would be grateful if the Government would specify whether any judicial proceedings have been brought under section 411 quater of the Penal Code and whether any sentences have been passed.

Follow-up to the representation submitted under article 24 of the ILO Constitution. In its previous comments, the Committee referred to the report of the tripartite committee set up to examine the representation submitted by the Colegio de Abogados de Chile alleging non-observance of Convention No. 29 by the Government of Chile, which was adopted in November 2008 by the Governing Body. The tripartite committee asked the Government to review the overall functioning of the “duty lawyer roster system” to ensure that it had no adverse effects on the free exercise of the profession of lawyer. The Committee noted the improvements and changes made in order to ensure legal aid for persons with low incomes in their dealings with the criminal and labour courts, in particular through the Defensoría Penal and the Defensoría Laboral, and the decision of the Constitutional Court finding unconstitutional the unpaid nature of the legal aid provided by duty lawyers under section 595 of the Basic Code on Courts (Decision No. 1254-08-INC).

The Committee notes in this connection that the Government confirms that following the Constitutional Court’s decision and its publication in the Official Journal of 1 August 2009, section 595 of the Basic Code on Courts has been repealed. With regard to the Bill to improve the functioning of legal aid associations, particularly in the area of social affairs, the Government states that progress on the Bill on a national legal aid service is a priority of the Ministry of Justice. The Committee requests the Government to pursue its efforts to enhance the national legal aid service and to pursue to continue to provide information on the legal aid reform, particularly in the area of family affairs. It hopes that the reform will contribute further to ensuring that the system of duty lawyers operates within reasonable limits of proportionality with respect to the volume and frequency of work assigned to them. The Committee also requests the Government to indicate the measures taken to ensure that duty lawyers receive financial compensation for the legal aid that they provide.