Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

Article 2(2)(c) of the Convention. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted Law Decree No. 40/94/M of 25 July 1994 concerning the system of execution of sentences of imprisonment. In particular, it noted that prison labour is compulsory and can be performed inside the prison institution, in workshops, or off the 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 and benefits from remuneration and other advantages inherent in the occupational category to which the detainee’s functions correspond, subject to deductions allocated to the social rehabilitation fund. The Committee asked the Government to provide further information on the work carried out by detainees for the benefit of private entities, whether performed inside or outside the prison institution (working conditions, remuneration, existence of an employment contract).

In its report, the Government states that no work has yet been assigned to detainees in prison institutions, whether on or off the premises. Detainees are only offered vocational training inside the prison. Participation in such training is voluntary and detainees receive a financial payment as an encouragement. The Committee notes this information. In the event that the situation changes and detainees are assigned work, the Committee asks the Government to provide information in its future reports on the arrangements in respect of prison labour performed by convicted persons and carried out for the benefit of private entities, whether inside or outside penal institutions.

Articles 1(1) and 2(1). Trafficking in persons for the purpose of exploitation. On the basis of the concluding observations of the Committee on Economic, Social and Cultural Rights on the implementation by Macau SAR of the International Covenant on Economic, Social and Cultural Rights, the Committee asked the Government to supply information on the extent of trafficking in women for sexual exploitation and to indicate the provisions of national law which criminalize trafficking in persons and which provide for the punishment of those responsible, and the measures taken to prevent this phenomenon.

In its report, the Government states that trafficking in women for sexual exploitation is not widespread. It states that, according to available crime statistics, 51 crimes against sexual freedom and self-determination were recorded in 2004; nevertheless, it is impossible to know whether these figures concern any cases of trafficking in women for sexual exploitation. The Government states that the majority of female prostitutes come from abroad and arrive in the country as tourists or without valid papers, and engage in prostitution for financial reasons. The Government lists a number of provisions from the Penal Code and Organized Crime Act No. 6/97/M of 30 July 1997 under which trafficking in persons and prostitution may be penalized. The Government adds that one of the roles of the public security force and the criminal police force, within the framework of their respective functions, is to prevent and combat the trafficking of persons and prostitution. The Committee notes all this information. It notes that, although the Penal Code does not expressly provide for the crime of people trafficking, the provisions on threats, coercion and the procuring of persons could be used to convict persons involved in the trafficking of persons for sexual exploitation; the same can be said of section 7 of the Organized Crime Act, which punishes the trafficking of persons for the purposes of prostitution with a prison sentence of two to eight years. The Committee requests the Government to provide in its next report information on any decisions made by the courts in pursuance of the above provisions. It would also like the Government to indicate the measures adopted to protect victims of trafficking, in so far as such persons should not be held responsible for what has happened to them, but be considered first and foremost as victims. Finally, the Committee has been informed of the creation of a committee responsible for following up on measures to dissuade the trafficking of persons (Ordinance No. 266/2007 of the Chief Executive of 30 August 2007). The Committee notes that this committee’s main duties are to analyse, assess and study the national situation in respect of social phenomena relating to the trafficking of persons, promote sociological research and analysis, issue recommendations and supervise the activities of the departments responsible for combating the trafficking of persons, with a view to prevention and the protection and reintegration of victims. The Committee asks the Government to provide information on the work carried out within this committee and, in particular, on its findings, proposals or recommendations.