Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.