Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Forced Labour Convention, 1930 (No. 29) - China - Macau Special Administrative Region (Ratification: 1999)

The Commission notes the information contained in the first and second reports of the Government. It hopes to receive additional information on the following points.

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes that under the terms of article 52 of Law Decree No. 40/94/M of 25 July 1994 concerning the system of execution of sentences of imprisonment, convicted detainees have an obligation to perform work which is assigned to them. Under article 53, work can be performed inside the prison institution, in workshops or outside prison premises by the detainee in self-employment or for public or private enterprises. Work performed for the benefit of private enterprises requires the consent of the detainee. Furthermore, a detainee engaged in work outside prison premises has the right to remuneration and other advantages inherent in the occupational category to which his or her functions correspond, subject to deductions allocated to the social rehabilitation fund. Finally, the payment of detainees working inside is calculated on the basis of salaries paid to free workers for identical work and of the costs of imprisonment and is determined by internal regulations (article 54). The Committee also notes the regulations of the Coloane penal institution, provided by the Government, of which article 28 specifies that this establishment applies a salary scale approved by the social reintegration fund. The Committee notes with interest this information and asks the Government to provide information on the practical application of these provisions, notably information concerning work carried out by detainees for the benefit of private entities, whether performed inside or outside the penal institution (working conditions, remuneration, existence of an employment contract).

Trafficking in persons. The Committee notes that in its concluding observations on the implementation by Macau SAR of the International Covenant on Economic, Social and Cultural Rights, the Committee on Economic, Social and Cultural Rights noted with concern that trafficking in women and children for sexual exploitation is a serious problem in Macau SAR and that prosecution of traffickers generally has not been effective. The Committee recommended that Macau SAR make concerted efforts to combat the phenomenon of trafficking in persons and ensure that victims of trafficking have access to crisis centres where they can receive assistance (E/C.12/1/Add.107, May 2005). The Committee asks the Government to supply information on the extent of this phenomenon and to indicate the provisions of national law which criminalize the trafficking in persons and which provide for the punishment of those responsible. The Committee also requests the Government to provide information concerning measures taken to prevent, punish and suppress the trafficking in persons. The Government is asked to refer to the Committee’s general observation of 2000.