Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Ukraine (Ratification: 1956)

Other comments on C029

Observation

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Article 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Prevention and law enforcement. The Committee previously noted the adoption of the Law on Combating Trafficking in Human Beings in 2011 and requested information on its implementation. The Committee also requested the Government to provide information on the number of convictions under section 149 of the Criminal Code and on the specific penalties applied.

The Committee takes note of the statistics provided in the Government’s report and notes that, since 2013, the investigative agencies carried out pretrial investigations for 307 offences under section 149 on trafficking in human beings of the Criminal Code. The Committee notes that pretrial investigations were completed in 153 offences, of which it was decided to refer 82 offences to court, accompanied by indictments. The Committee also notes that, from 2013 to 2016, 1,500 pretrial investigations were carried out under section 302 of the Criminal Code on the establishment or maintenance of brothels and procurement and 1,000 pretrial investigations were carried out under section 303 of the Criminal Code on pimping or involvement of another in prostitution. As of 1 April 2016, the Committee notes that the National Police had documented 36 offences under section 149 of the Criminal Code. During pretrial investigations, the Committee notes that offenders may be held in pretrial detention as a precautionary measure. The Committee takes note of the Government’s indication that, with a view to implementing the Trafficking in Human Beings Act, officers took part in different activities in 2016, such as workshops, a professional development course, a regional seminar and the opening workshop of the courts, all related to combating trafficking in persons. The Committee also notes that the focus of evaluation of police performance in combating trafficking in persons has shifted from the quantitative indicator of the number of offences recorded to the quality of pretrial investigations and prosecutions of traffickers. Such a shift makes identification of victims easier and allows essential assistance to a greater number of them. The Committee notes the Government’s indication that one of the main objectives of the law enforcement agencies is not only to bring guilty parties to justice but also to protect victims’ and witnesses’ rights.

The Committee further takes note of the report published on 19 September 2014 by the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation by Ukraine of the Council of Europe Convention on Action against Trafficking in Human Beings. While noting the legal and policy framework put in place by the Government, the GRETA stresses the importance of taking additional measures such as training on trafficking in persons and on the rights of victims for all relevant professionals, as well as the development of a comprehensive and coherent statistical system on trafficking in persons (paragraphs 76 and 81).

Furthermore, the Committee takes note of the new National Action Plan for 2016–20 on Combating Trafficking in Human Beings, which was adopted in February 2016. In particular, the Committee notes that the National Action Plan will ensure the implementation of a comprehensive national policy on combating trafficking in human beings, increase the efficiency of central and local executive authorities and raise public awareness on issues connected to trafficking and assistance to victims. The Committee welcomes this information and encourages the Government to pursue its efforts to ensure that the Law on Combating Trafficking in Human Beings of 2011 is effectively enforced. The Committee requests the Government to take additional measures regarding prevention and coordination of action on combating trafficking in persons as well as prosecution, including strengthening the capacity of law enforcement bodies to better identify victims. The Committee also requests the Government to continue to provide statistical data on the number of prosecutions, victims identified, convictions and penalties imposed. Please, also provide a copy of the National Action Plan for 2016–20 as well as information on its objectives and on the measures taken for its implementation.

2. Protection and assistance for victims. The Committee previously noted that the Government approved systematic recommendations for providing social services to victims of trafficking in persons and that this new approach involved new non-governmental and international organizations in assisting and protecting victims. Moreover, the Committee noted the 21 social and psychological help centres which can provide comprehensive emergency assistance to facilitate the recovery of victims. The Committee requested the Government to pursue its efforts to identify victims of trafficking and to ensure that all such victims are supported with appropriate protection and assistance as provided for under the Law of 2011.

The Committee notes the Government’s indication that a system for combating trafficking in persons and providing assistance to victims has been set up in application of the Law on Combating Trafficking in Human Beings. Thus, the national coordination mechanisms for anti-trafficking bodies involve actors such as the Ministry of Social Policy, the National Police and the Ministry of Foreign Affairs. The Government also indicates that assistance must be provided not only to Ukrainian nationals but also to foreigners and that the status of victims of trafficking in persons involve medical, psychological and legal aid. According to the Government, the Ministry of Social Policy works constantly to improve the process of identifying victims of trafficking in persons and in cooperation with the International Organization for Migration (IOM) mission in Ukraine, the Ministry organized a national information campaign that started on December 2014. The Committee notes that as of 9 June 2016, the Ministry of Social Policy had recognized 212 individuals as victims of trafficking: 127 cases of labour exploitation, 34 of sexual exploitation, 35 cases of involvement in begging and five cases with a mixture of types of exploitation. The Committee takes note of the two projects conducted in collaboration with the IOM Mission in Ukraine which consist of analysing and drafting amendments to improve primary and secondary legislation on trafficking in persons, monitoring the implementation of measures to counter trafficking in persons and developing an electronic interactive training course for civil servants.

The Committee further notes that, while welcoming the measures taken by the Government on the protection and assistance of victims, the GRETA underlines the need to allocate the necessary human and financial resources and the quality of the services delivered by all services providers. The Committee also notes that the GRETA stresses the importance of adopting provisions on non-punishment of victims of trafficking in persons for their involvement in unlawful activities, to the extent that they were compelled to do so. Furthermore, the Committee notes the situation analysis of June 2016 by the IOM on human trafficking and its comments on the successful efforts of the Ministry of Social Policy to enhance victim identification. Noting the efforts made to provide protection and assistance to victims of trafficking in persons, the Committee requests the Government to continue to take measures in this regard and to provide information on the implementation of the National Action Plan for 2016–20, particularly regarding the measures taken to provide assistance to victims. It also requests the Government to provide information on the number of persons benefiting from these services.

3. Vulnerability of displaced people to trafficking in persons. The Committee notes the indication in the report of the United Nations Special Rapporteur on the human rights of internally displaced persons of 2 April 2015 that the number of internally displaced persons had dramatically increased since early June 2014 (A/HRC/29/34/Add.3, paragraph 7). The Committee also notes that according to the Situation Analysis of June 2016 on human trafficking in Ukraine, the IOM reports that internally displaced people are targeted by unscrupulous intermediaries who offer brokerage services for emigration and receiving refugee status abroad. The Committee notes that in 2015 and 2016, 19 cases of trafficking of internally displaced persons have been recorded by the IOM. The Committee observes that the situation in the non-governmental controlled territory remains of high concern. While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to take the necessary measures to ensure that internally displaced persons, placed in a vulnerable situation, do not become victims of trafficking in persons.

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