Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Trafficking in persons. In its previous comments, the Committee noted with interest the various measures adopted by the Government to combat trafficking in persons, including the adoption of various laws repressing trafficking and organizing the protection of victims, with the establishment of specialized institutions. It requested the Government to continue providing information on any further steps taken to strengthen the measures to combat trafficking in persons, the difficulties encountered by all the actors involved and the action taken in response, and to continue providing the publications and reports of the institutions that are competent in this field, as well as the available statistical data.

With regard to the new steps taken to reinforce measures to combat trafficking, the Government indicates in its latest report that the work of the Interdepartmental Task Force for the Coordination of Action against Human Trafficking, which is chaired by the Minister of Justice and includes representatives of the various ministries involved (Justice, Interior, Foreign Affairs, Social Affairs, etc.), was officially relaunched on 25 June 2008. This work includes the preparation of the Circular on the implementation of multidisciplinary cooperation in relation to the victims of human trafficking and/or certain more serious forms of human trafficking, of 26 September 2008. The objective of the Circular is to organize collaboration between the various services concerned (police, labour inspection, Bureau for Foreign Nationals, specialized reception centres, public prosecution service) with a view to improving the protection of the victims of trafficking by determining the conditions for obtaining the status envisaged by the Act of 15 September 2006 amending the Act of 15 December 1980 respecting the access, stay, establishment and departure of foreign nationals from the national territories. The Circular emphasizes the need for constant action to raise the awareness of the actors primarily involved through continuous training for the detection of any potential victims and, thereafter, for their support during the period of reflection envisaged by the protected status. A multilingual brochure for victims of trafficking indicates the contact data for the three specialized reception centres accessible 24 hours a day. The Circular provides that it will be evaluated by the Interdepartmental Task Force for the Coordination of Action against Human Trafficking within 24 months of its publication.

Furthermore, a national plan of action to combat human trafficking was approved by the Council of Ministers on 11 July 2008. The plan of action assesses the policy implemented to combat trafficking and identifies the projects to be developed over the next ten years. It contains a number of proposals, including possible modifications to the law and regulations, the development of prevention initiatives, investigations and prosecutions relating to human trafficking and the protection of victims. With regard to the domestic staff of diplomats, who are sometimes victims of trafficking, the plan of action proposes that a residence permit could be granted to a victim where a civil action is brought to the labour courts following a complaint, as criminal action is impossible in view of the immunity of the diplomats. In relation to the issue of subcontracting, also raised by the Committee in its last direct request, the plan of action takes up the proposal to establish the shared responsibility of those issuing instructions who have recourse to subcontractors employing victims of trafficking. The Committee notes, in light of the information contained in the plan of action, that the Minister of Employment sought the views of the Interdepartmental Task Force for the Coordination of Action against Human Trafficking on the action to be taken on the draft text, but has not received an answer.

The Committee notes the statistics provided by the Government in its report, originating among others from the College of General Prosecutors and the Bureau for Foreign Nationals. The data from the College of General Prosecutors relates to the number of cases of human trafficking recorded by the various courts in the country between 1 January and 31 December 2007. According to these statistics, 418 cases brought to the judiciary in 2007 related to acts of trafficking in persons (compared with 451 in 2006). Although in 2006 the majority of the cases of trafficking investigated related to sexual exploitation (64 per cent, compared to 30 per cent in relation to labour exploitation), the trend was reversed in 2007, with 52 per cent of cases relating to labour exploitation, and 40 per cent concerning sexual exploitation. The Government explains this reversal by indicating that sexual exploitation is increasingly difficult to control, particularly due to the development of the Internet, which permits an interference that these figures might be underestimated. The statistics also show that, of the 418 cases concerning trafficking in 2007, 118 were set aside without further action, principally due to the lack of evidence and because they were untimely. As of 10 January 2008, 125 investigations were being carried out in cases of trafficking initiated in 2007. The data provided by the Bureau for Foreign Nationals indicate that in 2007 almost as many men as women were victims of trafficking (88 compared with 90), whereas in previous years, women had made up the majority of the victims. This levelling of the figures can be explained, according to the Government, by the over-representation of economic exploitation, of which more men are victims, in comparison with sexual exploitation, to which more women than men are subjected. With regard to the types of exploitation, out of 178 victims recorded in 2007, 114 were subject to economic exploitation, compared with 51 victims of sexual exploitation (moreover, nine individuals were recorded as being victims of trafficking and four as victims of other types of exploitation). With regard to convictions, the Government indicates that the latest statistics available from the Criminal Policy Service date back to 2004 and 2005, that is before the establishment of the offence of human trafficking by the Act of 10 August 2005.

The Committee notes the 2007 report on human trafficking issued by the Centre for Equality of Opportunity and Action against Racism (hereinafter “the Centre”), published in May 2008, which contains a global evaluation of the policy in combating trafficking in persons, analyses several cases of sexual exploitation in which the Centre has been a civil party and reviews Belgian case law for the period 2006–07 for both cases of sexual exploitation and economic exploitation.

With regard to the coordination of the various initiatives adopted at the national level to combat human trafficking, the Centre’s report indicates that, despite the fact that many activities have been approved by the Interdepartmental Task Force for the Coordination of Action against Human Trafficking, many projects already approved have not received the necessary political support for their implementation. The Centre regrets in particular the variable levels of participation, with certain exceptions, of political representatives in the meetings of the Interdepartmental Task Force, which has not really played its expected role of instigating policy evaluation and improvement (page 24 of the report).

Among the court rulings referred to in the Centre’s report, the Committee notes the various decisions handed down in cases of trafficking for economic exploitation. Certain of these rulings develop the concept of setting a person to work under “conditions inconsistent with human dignity”, one of the elements that constitute trafficking (see, for example, the Magistrate’s Court of Gand, 22 October 2007, 19th Chamber; Court of Appeal of Liège, 24 October 2007, Fourth Chamber). In one case (Court of Appeal of Mons, 26 December 2007, 13th Chamber), related to Romanian nationals who had been persuaded to come to Belgium with enticing promises of permanent and highly-paid work, and who were in reality rarely paid and sometimes lodged under rather mediocre conditions, the court found that it mattered little whether the victims had in practice been able to travel as they wished in Belgium or to Romania since, in economic terms, they were bound to the accused in the absence of a legal administrative status on Belgian territory (the events occurred before the entry of Romania into the European Union). In another case, the Magistrate’s Court of Brussels (4 January 2007, 58th Chamber) did not uphold the classification of human trafficking, even though the working conditions of the plaintiffs were deplorable (ten hours work a day at €4 an hour, with ill treatment), and only took into account the violations of penal labour law. Finally, another case exemplified the lack of knowledge by certain judges of the role of reception centres, as the Magistrate’s Court of Huy appeared to consider, firstly, that reception centres would incite victims to bring charges with a view to obtaining residence permits in Belgium and, secondly, that the grounds for obtaining residence documents would be an allegation that rape had occurred (Magistrate’s Court of Huy, 27 April 2007, 7th Chamber).

Moreover, several court rulings were handed down in 2007 and 2008 in cases of trafficking for sexual exploitation purposes. The Committee notes that in a number of cases the courts awarded compensation to the victims for material damage (reimbursement of the earnings denied to the victims) in addition to compensation for moral damages prejudice (see, among others: Magistrate’s Court of Brussels, 20 December 2007, 46th Chamber). However, in another case (Court of Appeal of Gand, 31 May 2007, 3rd Chamber), it was found that such earnings were unlawful and therefore did not give rise to damages of compensation. The Centre indicates that this ruling appears to be fairly isolated on this point as many courts award damages to victims for the amount of the earnings they have been denied (page 108 of the report).

In conclusion, the Committee notes the Centre’s recommendation that stronger emphasis should be placed on the detection and identification of victims and the effective application of the period of reflection for victims. The Centre is also of the opinion that more frequent use should be made of anonymous testimony with a view to increasing the protection and confidence of victims in relation to the police services and the judicial system in general. Action towards the victims should be more focused on atypical victims of economic exploitation achieved through training and awareness-raising activities for the personnel of the various services involved. The Centre emphasizes the need for achieving a solution at the European level so that victims who have been exploited in another country could benefit from protected status in Belgium while in the country. It also advocates the introduction of a law establishing the shared financial responsibility of those who give orders in the context of human trafficking for economic exploitation and raising the awareness of judicial authorities so as to ensure that civil parties are systematically compensated through the return of confiscated earnings. The Centre also recommends at a later stage the adoption of legislation granting the status of victim of human trafficking irrespective of whether those concerned have collaborated with the judicial system.

Noting all this information with interest, the Committee would be grateful if the Government would continue providing information in future reports on the measures taken to combat trafficking in persons, the difficulties encountered and the solutions proposed to overcome these difficulties. It would also be grateful if it would continue providing the latest statistical data available, as well as documents and reports of institutions involved in combating trafficking in persons. Furthermore, it requests the Government to provide a copy of the evaluation of the Circular of 26 September 2008 made by the Interdepartmental Task Force for the Coordination of Action against Human Trafficking (as envisaged in the Circular) when it has been completed.

Article 25. Penal sanctions imposed for trafficking in persons. The Committee notes that the Government’s report contains statistics from the Criminal Policy Service concerning convictions for violations relating to trafficking in human beings. The Government specifies that some of these statistics are based on section 77bis of Act of 15 December 1980 which, before the entry into force of Act of 10 August 2005, established penalties for both trafficking in human beings and smuggling of human beings. The Committee hopes that the Government will be able to provide statistical data in its next report covering the offence of trafficking in human beings, as set out in sections 433quinquies to 433novies of the Penal Code. It would also be grateful if the Government would provide a copy of court rulings handed down in cases of trafficking so that it can examine the manner in which Belgian courts apply the new provisions incriminating trafficking in human beings.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information sent by the Government in reply to its previous comments concerning applications for resignation by military staff (officers and non-commissioned officers), and the types of work carried out by persons sentenced to the penalty of labour and the associations and foundations authorized to take on such persons (section 37ter, quater and quinquies of the Labour Code).

2. Articles 1(1) and 2(1) of the Convention. Trafficking in persons for the purpose of exploitation. In its previous comments, the Committee noted with interest that the Government was developing an active policy to combat trafficking in persons and encouraged it to continue its work in this area. The Committee noted, in particular, that the Government had made full legislative provision (in particular with the adoption of the Act of 10 August 2005, which amended a number of provisions with a view to combating trafficking and the practices of abusive landlords in a more effective manner) and institutional provision (Centre for Equality of Opportunity and Action against Racism, Interdepartmental Task Force for Coordinating Action against Human Trafficking, special reception centres for victims of human trafficking) for this purpose. 

Among the new measures taken, the Committee notes the adoption of the Act of 15 September 2006 on the access, stay, establishment and departure of foreigners, which gives a legal basis to the special statute for victims of trafficking – a statute that was previously provided for in the circulars and directives of the Minister for Justice – and thus ensures greater legal security for victims. This statute provides for a specific residency permit scheme for trafficking victims who cooperate with the judicial authorities, and for the reception and support of these victims by three specialized centres which are recognized and financed by the Government.

In reply to the Committee’s comments on the difficulties faced by the competent authorities in combating the trafficking of persons, the Government states that the Interdepartmental Task Force for Coordinating Action against Human Trafficking has prepared a list of all the difficulties faced by the various partners in this regard and, in response, set up four working groups. One of the difficulties mentioned by the Government is the issue of the identification of victims and conditions for granting the status of “victim of trafficking”. Despite the fact that cooperation with the judicial authorities is a determining factor in granting this status, it seems that consideration has not always been given to the specific situation of certain victims and to the fact that it is difficult, if not impossible, for them to cooperate with the judicial authorities. This is most notably the case for young victims who may find it difficult to provide useful information for an investigation and domestic staff working privately for diplomats. Indeed, due to the immunity enjoyed by diplomats, they are, in principle, exempt from criminal proceedings. The Government also states that services which do not directly specialize in combating human trafficking may come across victims, but, through lack of training, omit to send them to the specialized centres. Sometimes, victims are more often considered as illegal immigrants or illegal workers than victims of trafficking. The Government states that the situation should improve thanks to better training given to front-line services (police and inspection services) and that the competent working group has already formulated recommendations in this area.

The Government also referred to the problem of subcontracting as an element that complicates the battle against the trafficking of persons because of the exploitation of their work. In this area, the existing legal networks are complex and, the longer the chain of subcontractors, the greater the risk of informality and exploitation. Recommendations aimed at establishing the financial co‑responsibility of contractors have been formulated by one of the working groups.

Finally, another problem referred to by the Government is the difficulty that actors in the field may encounter in interpreting the notion of setting a person to work in “conditions inconsistent with human dignity”. This notion, which is one of the principal elements of the definition of trafficking, may seem subjective. In this respect, the Committee notes the adoption and the entry into force, on 1 February 2007, of Directive No. COL 01/07 of the Minister of Justice. This Directive, which provides for a framework and uniform criteria aimed at the homogenous development of the policy on investigations and proceedings in respect of human trafficking within the various geographical judicial divisions, contains annexes aimed at providing assistance to actors in the field. Annex 1 sets out to determine the notion of human dignity within the framework of labour exploitation and explains that the victim’s own perception of his conditions of work is irrelevant; the facts must be assessed in relation to national criteria and not in relation to the conditions practised in the victim’s country of origin. Annex 2 provides a detailed list of indicators used to help identify trafficking. Moreover, the Committee notes that, in its last annual report on the trafficking of human beings (July 2007), the Centre for Equality of Opportunity and Action against Racism considers the first interpretations given by the courts of the notion of work inconsistent with human dignity to be on the whole positive, with the courts not merely taking into consideration the most extreme situations.

The Committee notes all this information with interest. It notes that the Government is actively engaged in combating the trafficking of persons and that it seeks to modify its legislative and institutional framework in response to the complex and constantly evolving nature of this phenomenon. The Committee asks the Government to continue providing, in its future reports, information on any new measures taken to combat the trafficking of persons more effectively and on the difficulties encountered by the actors in the field and the action taken in response. It also asks the Government to continue providing the annual reports of the Centre for Equality of Opportunity and Action against Racism and to provide any publication or report issued by the competent institutions in this field, as well as any available statistics.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 2, paragraph 2(c), of the Convention. Work exacted as a consequence of a conviction in a court of law. The Committee notes the adoption of the Act of 17 April 2002, under which labour, as a correctional penalty or a police penalty, may be applied on its own (new sections 37 ter, quater and quinquies of the Penal Code). The Committee notes that it is thus a principal penalty and an autonomous penalty, and that judges intending to apply it must inform offenders of its scope, and may impose it only if the offenders are present at the hearing and have given their consent, either in person or through their legal counsel. The length of the penalty of labour may not be less than 20 hours or more than 300 hours. Such labour is performed free of charge for public services of the State, communes, provinces, communities and regions or for non-profit-making associations or social, scientific or cultural foundations. The Committee notes that the penalty of labour may not consist of work which is as a rule done by paid workers in the public service or association in question (section 37 quater). Offenders are supervised by an officer from a "justice centre" (maison de justice), coming under the Ministry of Justice, and execution of the penalty of labour is monitored by the Probation Committee of the offender’s place of residence. The actual content of the penalty is determined by the abovementioned officer after he has heard the offenders and taken account of their observations. The Committee notes that the legislation contains several provisions for supervising and controlling arrangements for the execution of the penalty of labour. It would appreciate receiving information on the types of work that may be required under this penalty including a list of the associations and foundations authorized to take on offenders performing such sentences.

2. Trafficking in persons. The Committee notes that in its latest reports, the Government provides none of the information requested by the Committee in its general observation of 2000 on measures taken by governments to prevent, repress and punish trafficking in persons. It nonetheless notes from information available that the Government is developing an active policy to combat trafficking in persons and has made legislative and institutional provision for the purpose. The Act of 13 April 1995 introduces for the first time into national law a provision allowing the offence of human trafficking to be punished, by incorporating a new section, 77 bis, into the Act on the access, stay, establishment and departure of foreigners. Since then, numerous texts have been adopted to strengthen the legal framework. In this regard, the Committee notes the adoption, on 10 August 2005, of an Act to amend several provisions with a view to combating more effectively the trafficking of human beings and the practices of abusive landlords. In particular, the Act introduces into the Penal Code a chapter on human trafficking (section 433 quinquies to 433 novies) and a chapter on abuse of vulnerability through the selling, hiring or offering of goods with a view to making undue profit (section 433 decies to 433 quinquiesdecies). These provisions of the Penal Code thus set forth in detail the various components of the offence of human trafficking. The Committee notes with interest that several institutions have been established and a number of measures taken to combat such trafficking:

-  in 1995, the Centre for Equality of Opportunity and the Fight against Racism was made responsible for promoting the fight against human trafficking. Every year the Centre publishes an independent public report assessing developments and the results of the policy to combat international trafficking in human beings;

-  an interdepartmental task force has been set up to coordinate the fight against human trafficking;

-  special reception centres have been established for victims of human trafficking;

-  several measures have been adopted to protect victims of such trafficking, including the adoption in 2002 of an Act on the anonymity of witnesses and an Act establishing rules on the protection of threatened witnesses, and the introduction of a new work permit ("C permit") for victims of trafficking;

-  in 2004 a Royal Order was issued confirming the roles of the abovementioned Centre for Equality of Opportunity and the Fight against Racism and Interdepartmental Task Force, and setting up a Centre for Information and Analysis regarding Trafficking in Human Beings, to be responsible for gathering, centralizing, managing, transmitting and analysing anonymous data that are of use in combating human trafficking.

The Committee encourages the Government to pursue these efforts and requests it, in its future reports, to provide information on the difficulties the authorities meet in combating human trafficking, punishing the perpetrators and protecting the victims, together with information on any measures taken or envisaged to overcome such difficulties. Please also provide a sample of the annual report produced by the Centre for Equality of Opportunity and the Fight against Racism and of any publications or reports produced by other institutions involved in this area.

3. Freedom of military personnel to leave their employment. The Committee notes the statistical information sent by the Government on applications for resignation by military staff (officers and non-commissioned officers) and the information concerning the grounds on which some of these applications were refused. It requests the Government to continue to provide information on the number of such applications that have been refused and the grounds for refusal.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with interest the adoption of the Act of 16 March 2000 on the resignation of certain categories of military staff, the termination of the appointment or reappointment of certain military candidates, the determination of the period of active service and the recovery by the State of part of the expenses granted by it for training and part of the salary received during training. The Committee notes in particular:

-  the provisions of section 3 which define and determine the length of the "actual service";

-  the provisions of sections 4-8 which establish the principle that part of the salary received during military training and part of the expenditure on training for certain categories of military personnel must be repaid if the persons concerned are allowed to resign before the end of the period of actual service, the amount to be repaid being proportionate to the uncompleted part of the said period;

-  the provisions of sections 10-13 setting the conditions for the acceptance of resignations and the instances in which resignation is deemed to be contrary to the interests of the service.

The Committee asks the Government to explain what constitutes the "exceptional cases, which must be expressly accounted for by the King or by the authority which He shall designate", referred to in sections 10-13 of the Act, in which resignations may be refused where the period of actual service (i.e. a period of from three to 12 years) has been completed. Please give examples of cases where applications to resign have been refused.

The Committee also asks the Government to state the time limit within which the competent authority must accept or refuse an application to resign. Please provide examples of exemptions under section 8 of the Act from the repayment of training expenses and salaries received during training.

2. The Committee notes the statistical information contained in the Government’s report. It notes that in the period from 1 June 1998 to 31 May 2000 seven applications to resign from officers and 27 from non-commissioned officers were rejected although they met the conditions for acceptance. The Committee asks the Government to state the reasons for these rejections.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government concerning the right of commissioned and non-commissioned career officers to resign. The Committee notes that, between 1 July 1991 and 30 June 1993, out of 66 applications made by commissioned officers to resign, the 57 which fulfilled the conditions set out in the regulations were accepted and none were refused; of the nine applications which did not fulfil these conditions, two were refused. In the case of non-commissioned officers, out of the 670 applications which were made, the 530 which fulfilled the conditions were accepted and none were refused; of the 123 applications which did not fulfil the prescribed conditions, 17 were refused.

The Committee requests the Government to continue supplying information on this matter.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the information supplied by the Government concerning the right of career officers and non-commissioned officers to resign. The Committee notes that between 1 July 1990 and 30 June 1991, of 46 applications for release submitted by officers, 36 satisfied the prescribed conditions and were accepted and none were rejected; of nine applications which did not satisfy the conditions, five were rejected. Of the 331 applications submitted by non-commissioned officers, 269 satisfying the conditions were accepted and none were rejected; of the 60 applications not satisfying the conditions, two were rejected.

The Committee asks the Government to continue supplying information on the subject.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government concerning the right of career officers and non-commissioned officers to resign. It notes that out of 22 resignation applications made by officers, 21 were accepted and one was refused because it did not fulfil the requirements laid down by the regulations; the officer concerned has not appealed against the Minister's decision. Three hundred and one resignation applications made by non-commissioned officers were accepted, including nine which did not fulfil the requirements laid down by the regulations.

The Committee requests the Government to continue supplying full information on cases in which decisions are taken to reject a resignation application that fulfils the requirements laid down by the regulations, including copies of the rulings handed down by administrative tribunals.