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

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking of persons. The Committee notes the detailed information supplied by the Government in relation to the trafficking of persons and the actions undertaken to combat it.

The Government indicates in its report that the new and changing forms of socio-economic organization which have arisen from globalization have also had negative effects such as the increased involvement of organized criminal networks in the illicit trafficking of persons, leading to new forms of exploitation of labour. This is particularly the case with migrant workers, who are subjected to situations involving the exploitation of labour in conditions which clearly violate the freedom and dignity of persons and which could be tantamount to new forms of slavery.

The Committee notes with interest the information relating to action by the inspection authorities, undertaken with the cooperation of the state security forces, in relation to the trafficking of persons in connection with activities forming part of the unofficial or hidden economy. The inspection activities recorded 12 cases of trafficking in connection with 22 cases of exploitation of labour. With regard to sexual exploitation, inspection activities from ten jurisdictions recorded four cases involving the existence of organized networks for the exploitation of persons and six cases of trafficking. Women account for 85 per cent of persons affected. The Government adds that the vast majority of reports of sexual exploitation and exploitation of labour clearly relate to the foreign immigrant population (i.e. non-EU), accounting for 1,120 workers out of a total of 1,158 workers affected, i.e. 97.22 per cent.

With a view to coordinating the various competencies necessary to combat such practices, a protocol of cooperation between the Ministries of the Interior, Justice, and Labour and Immigration, represented by the Labour and Social Security Inspectorate, was signed in April 2008. The objectives of the protocol include the monitoring and surveillance of organized criminal networks involved in the exploitation of labour. The group is due to draw up a draft national plan for combating the trafficking of persons for the exploitation of labour.

The Committee notes that the Integrated Plan combating the trafficking of persons for sexual exploitation has been approved. The Plan provides for measures for the protection of victims. The Committee also notes that the Spanish Parliament is currently examining draft amendments to the Penal Code in which penalties are prescribed and/or increased for offences relating to the trafficking of persons, including with the purpose of exploiting labour or services, including forced labour or services, slavery or practices similar to slavery, or servitude.

The Committee observes from the information provided by the Government that offences which do not come under the heading of infringements of labour legislation and are offences against human freedom and dignity are referred by the police force and Civil Guard to the Office of the Prosecutor-General and so the labour inspectorate has no means of knowing how the offence is classified.

The Committee requests the Government to continue to supply information on the steps taken or contemplated to combat the trafficking of persons, which constitutes a serious violation of the Convention, particularly information on the measures taken by the Office of the Prosecutor-General, prosecutions instituted and penalties imposed on the perpetrators of the trafficking in persons. The Committee recalls that, under Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a criminal offence and the penalties imposed must be really adequate and strictly enforced. The Committee also requests the Government to supply information on the results of the reform of the Penal Code which is currently in progress.