Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Trafficking in persons. Referring to its previous comments, the Committee notes with interest the adoption of Act No. 6/2008 on combating the trafficking in persons. This Act, which introduced section 153-A into the Penal Code, provides a precise definition of what constitutes the crime of trafficking in persons, which covers the trafficking in persons not only for the purpose of sexual exploitation, but also for the purpose of labour exploitation, and makes this crime punishable with imprisonment for three to 12 years. The Committee also notes that Act No. 6/2008 contains provisions regulating the rights of victims, in particular the right to be compensated for the loss and damage suffered, the right to remain on the territory of Macau until their case is resolved, the right to legal assistance and the right to police, medical and psychological protection. Furthermore, the Act specifies that the Government shall be responsible for establishing a victim protection programme; creating an institution to receive victims; launching an awareness-raising campaign in the media; developing training activities on the prevention and suppression of trafficking, as well as on the identification of victims; and initiating research aimed at promoting a better understanding of the phenomenon of trafficking in persons.

The Government also provides information on the activities carried out by the Committee responsible for monitoring measures aimed at preventing the trafficking in persons, in particular the organization of a workshop in March 2008 with the purpose of enhancing interaction and coordination between the various agencies involved in combating the trafficking in persons and the creation of a telephone helpline operated by trained staff to direct persons towards the competent services. The Government also provides information on the future activities of the Committee, such as the launch of specific studies on the social aspects of trafficking, the analysis of the available information and the determination of follow-up actions in order to make recommendations to the competent authorities and monitor the activities carried out by the agencies concerned. The Government adds that it has strengthened checks at borders and in ports, as well as in those places where this crime is likely to be committed, and that police officers will be given training aimed at improving their knowledge of this phenomenon and their ability to enforce the law. In conclusion, the Government states that the various measures that it has taken show that it has not slowed down its efforts to combat the trafficking in persons, even though if the trafficking of women for the purpose of sexual exploitation is not a serious problem in the Macau Special Administrative Region.

The Committee notes the series of measures taken by the Government to combat the trafficking in persons. It observes that, while the Government seems to consider that the trafficking in women is not a major phenomenon, several United Nations bodies have expressed their concern at the incidence of trafficking in Macau, in particular the trafficking in women and children for the purpose of sexual exploitation, which continues to be a serious problem (see the conclusions of the United Nations Committee Against Torture, document CAT/C/MAC/CO/4 of 19 January 2009, and the conclusions of the United Nations Committee on the Elimination of Racial Discrimination, document CERD/C/CHN/CO/10-13 of 28 August 2009). The Committee hopes that the legislative amendments introduced by Act No. 6/2008 which provides a precise definition of what constitutes the crime of trafficking in persons (section 153-A of the Penal Code) and provides for applicable sanctions, as well as guaranteeing rights and protection for victims will facilitate the work of the prosecution and judicial authorities so that the perpetrators can be prosecuted and punished. The Committee requests the Government to provide information on the measures taken to implement Act No. 6/2008 and to continue indicating the activities carried out by the Committee responsible for monitoring measures aimed at preventing the trafficking in persons. Please indicate, in particular, whether any studies have been carried out on the characteristics of trafficking in persons in Macau, so as to enable the authorities to better understand this phenomenon and take adequate measures. The Committee also requests the Government to provide further information on the legal proceedings initiated under the new section 153-A of the Penal Code, as well as on any difficulties encountered by the competent authorities in identifying victims and involving them in investigations, and in initiating legal proceedings (please provide a copy of any relevant court decisions).

Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee requested the Government to provide information on the arrangements made for the performance of prison labour by convicted persons for the benefit of private entities, whether inside or outside prison establishments. The Committee notes that the Government confirms in its latest report that convicted persons are only offered vocational training and that, for the time being, it has no plans to make prisoners work for the benefit of private entities, whether inside or outside the prison. If the situation were to change, the Government would inform the Committee of Experts in its next report.