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Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the strengthening of the legal framework to combat trafficking in persons and the measures taken for the implementation of the four strategic areas of the National Plan against Trafficking in Human Beings (PNCTSH I), and particularly the establishment of an Observatory on trafficking in human beings and support measures for victims. On the basis of the evaluation of the implementation of the plan of action, the Committee requested the Government to continue to provide information on the measures taken to improve the social and occupational integration of victims and to reinforce repressive measures to combat trafficking in persons.The Committee notes the Government’s indication in its latest report that the Observatory on trafficking in human beings has improved its methods for the collection and processing of data related to trafficking, which should result over time in a fuller knowledge of the phenomenon, and particularly the entry of data on labour exploitation and forced begging. The Government also refers to the final evaluation of the implementation of PNCTSH I against trafficking in human beings undertaken by the Centre for Social Studies, which served as a basis for the adoption and implementation of PNCTSH II, covering the period 2011–13. The objective of PNCTSH II is to consolidate the national strategy in this area by reinforcing the four pre-identified areas of action. With regard more particularly to the repressive measures, the Government refers to measures 38 to 40 of the PNCTSH II, which are intended to strengthen the specialization of criminal police bodies, reinforce coordination and establish a single contact point within these bodies for the exchange of urgent information in the field of trafficking of persons. In its report, the Government emphasizes the role to be played by the labour inspectorate (the Labour Conditions Authority (ACT)) in identifying situations related to the trafficking of persons for the exploitation of their labour and in reporting them to the competent authorities. In this context, 159 inspections were carried out in 2009 and 12 in 2010. Finally, the Government indicates that, between 2009 and 2010, 39 cases of trafficking were confirmed, of which 17 were for the purpose of labour exploitation.The Committee notes all of this information. It also notes that, in its comments attached to the Government’s report, the General Workers’ Union (UGT) refers to certain isolated situations of the exploitation of foreign workers who are victims of trafficking of persons by organized crime networks, which require sustained attention by the State in the context of the PNCTSH II. The Committee observes that the adoption of a new national plan containing more targeted measures confirms the Government’s commitment to continue combating trafficking. Nevertheless, it observes that, despite the adoption of such measures and the identification of a number of victims, no legal proceedings have been initiated under section 160 of the Penal Code, which criminalizes trafficking in persons. The Committee emphasizes that it is essential to continue raising the awareness of those involved in combating trafficking in persons and to train them in the detection of victims of both trafficking for sexual exploitation and for the exploitation of their labour. The evidence gathered by labour inspectors and criminal police officers is essential to allow the investigation authorities to establish the offence and initiate criminal proceedings. The Committee therefore requests the Government to provide information in its next report on the implementation of the measures envisaged in the four strategic areas of the PNCTSH II, and particularly those intended to promote training for the actors involved in combating trafficking in persons (magistrates, the labour inspection services and the police) and to ensure better coordination of their action. Please also provide information on the measures taken to reinforce the resources and capacities of law enforcement bodies. Finally, the Committee requests the Government to provide information on the judicial proceedings initiated under section 160 of the Penal Code.
Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Trafficking in persons. In its previous comments the Committee noted that the legal framework to combat trafficking in persons had been strengthened following the amendment of the Penal Code, which provides a better definition of what constitutes the crime of trafficking in persons (section 160) and the possibility to involve victims in investigative and judicial procedures and to grant them residence permits. The Committee also noted the adoption of a National Plan against Trafficking in Human Beings, which focuses on four strategic areas of intervention for the period 2007–10. The Committee requested the Government to supply information on the results achieved in the framework of the implementation of the National Plan, as well as on criminal proceedings initiated against persons responsible for trafficking in persons.
In reply, the Government refers to an evaluation of the National Plan against Trafficking in Human Beings covering the period July 2007–November 2008, a copy of which it supplied with its report. The Committee notes that, of the 63 measures contemplated in the Plan, 43 have been put into operation or are in the process of being implemented. It notes in particular: the launching of an observatory on trafficking in human beings which is charged with producing, collecting, processing and disseminating information on trafficking in persons; the establishment of a standardized registration guide (GUR: Guía único de registro), a model instrument designed to collect in a consistent manner data on trafficking from all institutions involved in combating this phenomenon; and participation of the Portuguese Government in numerous projects and meetings aimed at exchanging good practices and reinforcing regional and international cooperation in this area. The Committee further notes that the National Plan has adopted an integrated and comprehensive approach to the problem of trafficking in prioritizing prevention and the support of victims and not uniquely repressive and punitive aspects. In this regard, the Committee notes the measures taken to reach victims and, in particular: the distribution of information leaflets in their national language; listening to victims of trafficking through a green number, “SOS Migrant”, equipped with interlocutors capable of responding to them in their own language; and the conclusion of an agreement between different institutions to guarantee the sustainability of a welcome centre for trafficking victims. With regard to statistical data contained in the evaluation report, the Committee notes that, between July 2007 and November 2008, 55 investigations were conducted into cases of trafficking, 22 victims were granted periods of reflection and residence permits were attributed to 11 among them. With regard to the initiation of criminal proceedings, the Government communicates two court decisions: one concerns the rejection of a request for release by a temporary detainee charged with trafficking in persons and the other concerns granting the extradition to Brazil of a person accused of trafficking in that country. Finally, the Committee notes that the recommendations contained in the evaluation report underline the need for reinforcement of two aspects of the fight against trafficking: occupational integration of victims and criminal investigation. The proposals include the creation within the organs of the criminal police of teams dedicated exclusively to investigations of trafficking, the establishment of a national structure charged with the national coordination of investigations of this crime, as well as the signing of a protocol with the Institute of Employment and Vocational Training to reserve places in the training courses for victims of trafficking. The Committee asks the Government to continue to provide information concerning the implementation of the National Plan and, in particular, on contemplated measures that have not yet been implemented. Please also provide information on measures taken to ameliorate the social and occupational integration of victims and to reinforce the repressive approach, indicating whether there has been follow-up action on the proposals made in the evaluation report. Taking account of the complexity of the phenomenon and notably its transnational character, the Committee considers it essential to reinforce the means placed at the disposal of the criminal police and judicial authorities in order that the perpetrators of the crime of trafficking can be effectively convicted and sanctioned. Noting in this regard that the judicial decisions communicated by the Government do not concern criminal proceedings on trafficking as such, the Committee asks the Government to continue to provide information on judicial procedures instigated under section 160 of the Penal Code.
Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Trafficking in persons. The Committee takes note of the detailed information supplied by the Government related to steps taken to combat trafficking in persons. It also takes note of the comments made in this respect by the Portuguese Confederation of Businesses and Services (CCSP), the Portuguese Tourist Confederation (CTP) and the General Union of Workers (UGT), that the Government appended to its report.
The Committee notes that, following the adoption of Law No. 59/2007 of 4 September 2007, modifying the Penal Code, the legal framework has been strengthened. Thus, the new article 160 of the Penal Code has widened the basic elements of the definition of the crime of trafficking of persons in a way that covers not only trafficking of persons for sexual exploitation but also for exploitation of their labour. In addition, the Committee notes the adoption of Law No. 57/2007 which approves the legal regime for the entry, stay, exit and expulsion of foreigners from national territory. It notes that article 109 of this law provides granting of a residence permit to foreigners who are victims of criminal acts linked to trafficking in persons or assistance in illegal immigration. The right of residence is granted after a reflection period of 30–60 days – which allows the victim to recover or to remove him/herself from the criminals’ influence – for as long as: the presence of the victim on national territory is of use to the judicial investigation and procedure; the victim demonstrates willingness to collaborate with the authorities; and the victim has severed all relations with the presumed authors of the crimes. During the reflection period and once right of stay has been granted, victims have a right to medical assistance and, if required, psychological assistance. In addition, residence permit holders can make use of social programmes which allow them to return to a normal way of life, for example in job training or assisted return to their country of origin.
Finally, the Committee notes that, by the Council of Ministers’ Resolution No. 81/2007 of 22 June 2007, a national plan against trafficking of human beings was adopted. This plan, which covers the period 2007–10, focuses on four strategic areas of intervention: knowledge and dissemination of information; prevention, sensitization and training; protection, support and integration; criminal investigation and repression of trafficking. For each of these fields, a number of steps have been identified, the departments responsible for carrying them out determined as well as timetables for procedures and objectives to be reached.
The Committee notes with interest the whole range of steps taken by the Government which testifies to its willingness to combat the complex phenomenon of trafficking in persons. The Committee requests the Government to supply in its future reports information on results achieved in the framework of the operationalization of its national plan of action to combat trafficking in persons covering the four strategic fields of intervention. With particular regard to the steps aimed at a more effective dealing with the problem of trafficking of persons in Portugal, both from a quantitative and qualitative point of view, it requests the Government to indicate if scientific studies and annual reports foreseen in the framework of the national plan of action have already been published, and, if so, to forward copies. The Committee also notes that the Government has not supplied information on criminal procedures undertaken against those responsible for trafficking in persons, nor on sanctions which had been taken against them. It hopes that the legislative amendment made as regards, on the one hand, a better definition of what constitutes the crime of trafficking in persons (article No. 160 of the Penal Code) and, on the other, the possibility of involving victims in investigative and judicial procedures, will facilitate the work of prosecution and judicial authorities. The Committee requests the Government to provide further information in this respect, including on the difficulties encountered by the competent authorities. It also requests the Government to provide statistical data on the numbers of victims of trafficking, the number of those who, by accepting to cooperate with justice, were provided with a residence permit and on the number of trials which had resulted in criminals being sentenced.
Trafficking of persons. The Committee notes the information provided by the Government in its latest report and the comments made by the Portuguese Confederation of Tourism (CTP), attached to the Government’s report. The CTP recognizes that the national legislation criminalizes and penalizes forced labour practices, as defined by the Convention. However, such practices occur in the parallel labour market, where activities are at the margins of the law. The CTP states that particular attention needs to be accorded to the protection of women from Eastern Europe and Brazil, who enter the national territory and are forced to work on the sex market, as well as men from Eastern Europe and from the PALOP countries (African countries whose official language is Portuguese), who are used by the mafia as cheap labour, in total violation of the law and of human rights. In view of the problem of migration, the CTP emphasizes the need for European cooperation. The Committee notes these comments. It also notes that, in its comments made in 2002, the General Union of Workers (UGT) reported the persistence of the phenomenon of the trafficking in persons by organized crime networks which keep workers in situations of exploitation, or quasi-slavery, particularly for prostitution.
The Committee notes that, in 2002, the Government replied in detail to its general observation, in which it requested governments that have ratified the Convention to provide information on the measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation. The Committee has been able to note in particular information on the legislative framework under which those responsible for the trafficking in persons can be prosecuted and penalized, the activities of the judicial police, European and international cooperation to combat this crime and the legislative provisions that can be used to protect victims. The Committee would be grateful if the Government would provide updated information on this subject in future reports, and particularly information on the number of court decisions and the penalties imposed, awareness-raising activities undertaken in this field (in relation to both the competent authorities and vulnerable groups), and the manner in which the victims are provided with protection in practice.
1. Freedom of persons in the service of the State to leave their employment. The Committee asked to be informed on progress in the revision of the Conditions of Service of Officers of the Armed Forces (Legislative Decree No. 46672 of 26 November 1965).
In its report, the Government indicates that the revision of the Conditions of Services of Officers of the Armed Forces has now been completed and submitted for examination by the Government, before being submitted to the Assembly of the Republic for adoption. As the Assembly has been dissolved, the examination and adoption of the revised Conditions of Service have been postponed.
The Committee takes note of this information and asks the Government to provide a copy of the above text once it has been adopted.
2. The Committee takes note of the information provided by the Government on prison labour.