Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Argentina

Forced Labour Convention, 1930 (No. 29) (Ratification: 1950)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2016)

The Committee takes due note of the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, 1930, as well as the information provided in reply to its previous comments concerning the application of the Convention.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) of 27 August 2024 and the Confederation of Workers of Argentina (CTA Autonomous) of 3 September 2024.

Articles 1(1) and 2(1) of the Convention and Article 1(2) of the Protocol. Coordinated and systematic action to combat forced labour. National policy. With regard to the institutional framework for combating trafficking in persons, the Government indicates in its report that 25 inter-institutional working groups for preventing and combating trafficking in persons have been set up in each jurisdiction, aimed at: (i) contributing to the continuous training of public employees in trafficking in persons; (ii) widely publicizing the free helpline for reporting trafficking situations; (iii) designing analyses to improve the prevention of trafficking; and (iv) coordinating efforts in this area. The Government also refers to the creation of the Coordination Unit for combating trafficking in persons and forced labour and for assisting victims (CooTraVic), which is responsible for elaborating policies and actions for the prevention and early detection of crimes of trafficking in persons for labour exploitation and forced labour, as well as coordinating policies for the comprehensive assistance of victims.

With regard to the implementation of the National Plan to combat the trafficking and exploitation of persons (2022–24), the Government indicates that it is more than 90 per cent implemented, and that the Executive Committee to combat the trafficking and exploitation of persons is starting to draw up the Biennial National Plan for 2024–26. The Committee also notes the information provided on awareness-raising campaigns and on training activities to build the institutional capacities of the special unit on trafficking in persons under the General Prosecution Service (PROTEX) and CooTraVic. In addition, during the implementation of the 2020–22 National Plan, 552 training activities were carried out, including conferences, discussions, teaching sessions and awareness-raising sessions, in which a total of 66,156 people were trained.

The Committee encourages the Government to continue strengthening the institutional framework that enables coordinated action against forced labour, particularly through the implementation of the various pillars of the Biennial National Plan to combat the trafficking of persons and the action taken by the Executive Committee to combat the trafficking and exploitation of persons. The Committee requests the Government to provide information in this respect, specifying the difficulties met, and the main findings of the Executive Committee’s annual reports. The Committee also requests the Government to indicate how systematic and coordinated action is taken to combat other forms of forced labour that do not constitute trafficking in persons, and the role of the Coordination Unit for combating trafficking in persons and forced labour and for assisting victims (CooTraVic), in this respect.

Article 1(1) of the Convention and Articles 1(1) and 2 of the Protocol. Identification and combating of forced labour of migrant workers in various sectors. The Committee recalls that, in its previous comments, it referred to the persistence of trafficking and labour exploitation of migrant workers, particularly in the garment sector. The Committee notes that CTA Autonomous reiterates, in its observations, the persistence of cases of labour exploitation, particularly in the agricultural sector. It indicates that the victims are generally migrants who end up in extremely vulnerable situations and that in some regions this situation continues to be structural. It also states that there is still no improvement in the situation of clandestine work, occupational accidents or situations of forced labour and that the Secretariat for Labour, Employment and Social Security has residual monitoring powers, which means that its action is secondary.

The Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security carried out 78 inspection activities, which resulted in findings of situations of labour exploitation involving 692 workers. The Government also indicates that the National Register of Agricultural Workers and Employers (RENATRE) is developing measures to expand the presence of inspectors, as well as information dissemination and training relating to labour exploitation in rural areas. Between January 2021 and December 2023 2,056 workers in situations of rural labour exploitation in 305 rural workplaces were detected. Signs of labour exploitation were found in, inter alia, agricultural, livestock, forestry and horticultural activities. Inspectors received specialized training in identifying and handling cases of trafficking in persons for labour exploitation. Likewise, specific operations were carried out in critical sectors, such as agriculture, construction and domestic work, where a greater risk of forced labour has been identified. The Committee notes the statistical information available on the website of the Ministry of Labour and RENATRE, according to which, with regard to cases of workers in a situation of labour exploitation, in 2022, 562 such workers were found in 86 inspections, in 2023, 787 workers were found in 137 inspections and in 2024, 446 workers were found in 95 inspections.

The Committee requests the Government to continue its efforts to strengthen the capacity of the labour inspectorate to carry out visits, especially in remote areas or sectors vulnerable to these practices, in order to detect signs of forced labour (including trafficking in persons and servitude). The Committee requests the Government to provide information on training and information activities aimed at migrants and other vulnerable groups on potential abuse and on their rights. The Committee requests the Government to continue to provide information on the number of inspections conducted, cases of exploitation identified, administrative penalties imposed and cases referred to the public prosecutor for criminal investigations relating to the perpetrators.

Article 25 of the Convention and Article 1(1) of the Protocol. Combating complicity and corruption in the security forces. Regarding cases of corruption and complicity among security forces, the Government indicates that, 4 per cent of the complaints received on the 145 hotline concern corruption and complicity in trafficking in persons cases. From 2021 to 2023, 13 cases of involvement of public officials (including members of the security forces and other employees of the State), in corruption and complicity were registered. These persons received penalties such as dismissals, suspensions and prison sentences. The Committee requests the Government to continue to take the necessary measures to prevent and proactively investigate cases of corruption and complicity among security forces so that the perpetrators can be prosecuted and penalized accordingly. The Committee requests the Government to provide detailed information in this respect, including the number of cases identified and prosecuted, and the penalties imposed.

Prosecution and application of criminal penalties. The Committee notes the 2022 PROTEX report, provided by the Government, according to which 1,540 complaints (an average of 128 per month) were received, of which 962 were referred directly for prosecution and, of those, over 65 per cent were referred to different Federal Justice courts. With regard to the type of exploitation, a majority of cases of sexual exploitation were registered (707 complaints), followed by labour exploitation (392 complaints), misleading recruitment or job offers (146) and disappearance of persons (118). Another 177 complaints were registered that relate to other types of associated offences. The Committee notes the convictions handed down with regard to trafficking in persons. In this respect, it observes that, from the information on the public prosecutor’s website, since 2012, there have been 490 convictions in federal courts, in which 976 persons were convicted and concerning at least 2,305 victims. Out of the 490 convictions brought, 74.3 per cent were for sexual exploitation and 24.5 per cent for labour exploitation.

The Committee requests the Government to continue to take measures to enable the competent authorities (police, public prosecutor’s office and the labour inspectorate) to coordinate their efforts and train their officials to continue identifying different situations of forced labour, particularly in high-risk sectors, and to carry out the relevant investigations. In this respect, the Committee requests the Government to continue to send information on the number of investigations and criminal proceedings that are under way and finalized, in relation to trafficking in persons (section 145bis of the Criminal Code), as well as servitude and forced labour (section 140 of the Criminal Code), specifying the type of penalties applied.

Article 3 of the Protocol.Protection of victims. The Government indicates that in 2021, a total of 1,084 victims were rescued and/or assisted, compared to 1,179 in 2022. In 2023, a total of 1,763 victims had been rescued and/or assisted, out of which 405 had been subjected to sexual exploitation, 1,206 to labour exploitation, three to drug trafficking, 105 to servitude and 44 to other types of exploitation. In this context, assistance was provided to 207 persons in agriculture and to seven persons in textile workshops. In 2024, 677 victims were rescued and/or assisted. Of those, 177 had been subjected to sexual exploitation, 430 to labour exploitation, three to drug trafficking, six to servitude and 61 to other types of exploitation.

The Committee notes the RENATRE resolution 100/2020 establishing extraordinary benefits for alleged trafficking in persons. The Government indicates that between 2021 and 2023, RENATRE granted 976 extraordinary benefits to workers found in situations of trafficking for labour exploitation. The Committee also notes resolution No. 391 of the Ministry of Labour, Employment and Social Security of 2021, establishing the National Programme for reparation and strengthening of labour skills for persons affected by trafficking and exploitation crimes, which aims to reduce the vulnerable employment conditions affecting victims of the crimes of trafficking, sexual exploitation or labour exploitation.

In addition, the Committee notes that CTA Autonomous refers to budget cuts to victim assistance programmes. In this regard, it indicates that in the first three months of 2024, the Government did not implement the budget allocated for removing and assisting victims of trafficking in persons. In some provinces, funding has been withdrawn from programmes that provide financial support to victims of violence and trafficking. It also claims that dismissals were carried out within the Executive Committee to combat the trafficking of persons, after it was moved from the Cabinet Office to the Ministry of Security of the Nation. From December 2023 to April 2024, 342 victims of trafficking were removed, and did not receive assistance.

The Committee requests the Government to, within the framework of the comprehensive assistance and protection programmes developed by PROTEX, CooTraVic and RENATRE, step up its efforts to provide adequate protection and assistance to all victims of forced labour, particularly those in high-risk sectors, such as agriculture, garment, construction and domestic work. The Committee requests the Government to provide information on the number of victims identified, who have received assistance and the type of assistance provided (free legal aid, residence permits, social allowances and so forth).

The Committee is raising other matters in a request addressed directly to the Government.