Resolução da Assembleia da República n.º 87/2020

Data de publicação20 Novembro 2020
ELIhttps://data.dre.pt/eli/resolassrep/87/2020/11/20/p/dre
SeçãoSerie I
ÓrgãoAssembleia da República

Resolução da Assembleia da República n.º 87/2020

Sumário: Aprova o Protocolo à Convenção sobre o Trabalho Forçado ou Obrigatório, 1930, adotado pela Conferência Internacional do Trabalho, na sua 103.ª Sessão, realizada em Genebra, a 11 de junho de 2014.

Aprova o Protocolo à Convenção sobre o Trabalho Forçado ou Obrigatório, 1930, adotado pela Conferência Internacional do Trabalho, na sua 103.ª Sessão, realizada em Genebra, a 11 de junho de 2014

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar o Protocolo à Convenção sobre o Trabalho Forçado ou Obrigatório, 1930, adotado pela Conferência Internacional do Trabalho, na sua 103.ª Sessão, realizada em Genebra, a 11 de junho de 2014, cuja versão autenticada em língua inglesa, bem como a respetiva tradução para língua portuguesa, se publicam em anexo.

Aprovada em 23 de outubro de 2020.

O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.

PROTOCOL TO THE FORCED LABOUR CONVENTION, 1930

The General Conference of the International Labour Organization:

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 103rd Session on 28 May 2014; and

Recognizing that the prohibition of forced or compulsory labour forms part of the body of fundamental rights, and that forced or compulsory labour violates the human rights and dignity of millions of women and men, girls and boys, contributes to the perpetuation of poverty and stands in the way of the achievement of decent work for all; and

Recognizing the vital role played by the Forced Labour Convention, 1930 (No. 29), hereinafter referred to as "the Convention", and the Abolition of Forced Labour Convention, 1957 (No. 105), in combating all forms of forced or compulsory labour, but that gaps in their implementation call for additional measures; and

Recalling that the definition of forced or compulsory labour under article 2 of the Convention covers forced or compulsory labour in all its forms and manifestations and is applicable to all human beings without distinction; and

Emphasizing the urgency of eliminating forced and compulsory labour in all its forms and manifestations; and

Recalling the obligation of Members that have ratified the Convention to make forced or compulsory labour punishable as a penal offence, and to ensure that the penalties imposed by law are really adequate and are strictly enforced; and

Noting that the transitional period provided for in the Convention has expired, and the provisions of article 1, paragraphs 2 and 3, and articles 3 to 24 are no longer applicable; and

Recognizing that the context and forms of forced or compulsory labour have changed and trafficking in persons for the purposes of forced or compulsory labour, which may involve sexual exploitation, is the subject of growing international concern and requires urgent action for its effective elimination; and

Noting that there is an increased number of workers who are in forced or compulsory labour in the private economy, that certain sectors of the economy are particularly vulnerable, and that certain groups of workers have a higher risk of becoming victims of forced or compulsory labour, especially migrants; and

Noting that the effective and sustained suppression of forced or compulsory labour contributes to ensuring fair competition among employers as well as protection for workers; and

Recalling the relevant international labour standards, including, in particular, the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Minimum Age Convention, 1973 (No. 138), the Worst Forms of Child Labour Convention, 1999 (No. 182), the Migration for Employment Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Domestic Workers Convention, 2011 (No. 189), the Private Employment Agencies Convention, 1997 (No. 181), the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), as well as the ILO Declaration on Fundamental Principles and Rights at Work (1998), and the ILO Declaration on Social Justice for a Fair Globalization (2008); and

Noting other relevant international instruments, in particular the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Slavery Convention (1926), the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956), the United Nations Convention against Transnational Organized Crime (2000), the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000), the Protocol against the Smuggling of Migrants by Land, Sea and Air (2000), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the Convention on the Elimination of All Forms of Discrimination against Women (1979), and the Convention on the Rights of Persons with Disabilities (2006); and

Having decided upon the adoption of certain proposals to address gaps in implementation of the Convention, and reaffirmed that measures of prevention, protection, and remedies, such as compensation and rehabilitation, are necessary to achieve the effective and sustained suppression of forced or compulsory labour, pursuant to the fourth item on the agenda of the session; and

Having determined that these proposals shall take the form of a Protocol to the Convention;

adopts this eleventh day of...

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