E/C.12/MRT/CO/1
13.
The Committee is concerned that a large number of persons and families are
employed in situations of de facto slavery, in spite of the adoption in 2007 of the Slavery
Act. The Committee is also concerned at the very low number of prosecutions under the
Act despite the fact that it entered into force in 2007 (arts. 6, 7 and 11).
The Committee urges that the State party to take vigorous measures with a view to
eliminating slavery and to implement the provisions of the Slavery Act. In this regard,
the Committee calls on the State party to commit to the action plan for the
implementation of the recommendations made by the Special Rapporteur on
contemporary forms of slavery, including its causes and consequences, following her
mission to the State party in 2009. The Committee should also raise awareness that all
work should be entered into freely and respect the fundamental rights of the human
person as well as the rights of workers in terms of safe and healthy conditions and
remuneration.
14.
The Committee is concerned at the lack of any form of monitoring of conditions of
work in the informal economy and at the absence of opportunity for social security
affiliation for workers therein. The Committee is also concerned that the informal economy
still employs the majority of the working population, in spite of the measures introduced by
the State party to encourage the registration of businesses and to regulate domestic work
(art.7).
The Committee recommends that the State party intensify efforts aimed at the
progressive reduction of the level of informal employment, including by affording
individual workers the opportunity to register themselves and to subscribe to social
security schemes, irrespective of the registration of the employer. It also recommends
that the State party raise awareness among the population that labour rights, and just
and favourable working conditions of work in particular, also apply to the informal
economy.
15.
The Committee regrets that the State party has not ascertained whether the level of
the national minimum wage enables a decent living for the workers and their families
(art.7).
The Committee calls on the State party to take steps to ensure that the amount of the
national minimum wage is sufficient to enable a decent standard of living for all
workers and their families.
16.
The Committee is concerned that the establishment of a trade union is subject to
authorization, as stipulated by articles 275 and 276 of the 2004 Labour Code. Moreover, the
Committee is concerned that the exercise of trade union rights is not fully guaranteed in
practice, as exemplified by the exclusion of trade unions from social dialogues as well as
reports of anti-union actions by multinational companies established in the State party
(art.8).
The Committee urges the State party to bring its legislation on union rights into
conformity with article 8 of the Covenant and the provisions of ILO Conventions 87
(1948) and 98 (1949). It also urges the State party to protect trade union rights,
especially in the private sector, and to effectively investigate all allegations of
violations of trade union rights brought to its attention.
17.
The Committee is concerned that the social security system of the State party is
targeted at the segment of the population with stable employment. It is also concerned that
no scheme is currently available to the majority of population which is most vulnerable to
loss of income or without income. Moreover, the Committee is concerned that the existing
system does not provide coverage for unemployment and old age benefits (art.9).
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