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Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 29) sur le travail forcé, 1930 - Portugal (Ratification: 1956)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Portugal (Ratification: 2020)

Autre commentaire sur C029

Demande directe
  1. 2019
  2. 2017
  3. 2014
  4. 2013
  5. 2012
  6. 2009
  7. 2008
  8. 2005
  9. 1990

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the strengthening of the legal and institutional machinery for combating trafficking in persons and asked the Government to provide information on the implementation of the second National Plan against Trafficking in Human Beings (PNCTSH II). The Committee notes the information on this matter sent by the Government in its report and particularly notes the following:
  • – awareness-raising campaigns publicized through various communication media;
  • – training sessions organized by the Labour Conditions Authority (ACT) and the Centre for Judicial Research (CEJ) for labour inspectors, judges and staff of the Public Prosecutor’s Office. This training is part of the initial training for officials or is provided as further training;
  • – dissemination to the police force and labour inspectors of “cards for the identification of victims of human trafficking”, which contain questions and indicators designed to help them to identify and assist trafficking victims;
  • – implementation of the “Trafficking Victims Support and Protection Network” (RAPVT), in the context of which several memoranda of understanding have been signed between the Government and NGOs with a view to achieve a better cooperation with the “Observatory on Trafficking in Human Beings” (OTSH);
  • – projects run by the OTSH in collaboration with regional and international organizations to strengthen partnerships and harmonize procedures for surveillance and also for the collection, processing and sharing of data.
The Committee further notes that, according to the information available on the website of the Commission for Citizenship and Gender Equality (CIG), the institution responsible for coordinating action against trafficking in persons, two intermediate evaluations of the implementation of PNCTSH II were carried out and a final evaluation was conducted by an independent authority in December 2013. The Committee observes that these evaluations and the recommendations made in February 2013 by the Group of Experts on Action against Trafficking in Human Beings (GRETA), which was responsible for examining Portugal’s application of the Council of Europe Convention on Action against Trafficking in Human Beings, were taken into account in the formulation of the third National Plan against trafficking in human beings (PNCTSH III), which was adopted on 31 December 2013 (Resolution No. 101/2013 of the Council of Ministers). The third National Plan covers the 2014–17 period and provides for 53 measures linked to five strategic areas, and all the measures have objectives, indicators and time lines. Lastly, the Committee observes that Act No. 60/2013 of 23 August 2013 has amended section 160 of the Penal Code, which criminalizes trafficking in persons. Section 160 now specifies certain aggravating circumstances which, if proven, result in stiffer penalties, and it imposes criminal liability on associations and similar entities that perpetrate this crime. The Committee notes with interest all these measures, which evidence the Government’s commitment to action against trafficking in persons and its willingness to adapt the institutional and legislative framework to the complex phenomenon of trafficking in persons. The Committee requests the Government to provide information on the implementation of the measures provided for in the five strategic areas of PNCTSH III and on any evaluations conducted in this respect.
The Committee observes that the 2013 report on human trafficking published by the OTSH in April 2014 shows that the number of reports of suspected victims has increased considerably: 308 victims reported in 2013 compared with 125 in 2012. The vast majority of reports (198) relate to cases of trafficking for labour exploitation, including 185 in agriculture. Of these reports, 45 were classified as “confirmed cases” by the criminal investigation authorities further to their inquiries. Nevertheless, the Committee notes that no judicial proceedings have so far resulted in the imposition of penalties on perpetrators of the crime of trafficking in persons. The Committee therefore requests the Government to provide information on the measures taken to strengthen the resources and investigative capacities of the law enforcement bodies. Since the vast majority of identified cases are concerned with victims of trafficking for labour exploitation, particularly in agriculture, the Committee requests the Government to ensure that the labour inspection services are capable of identifying and protecting potential victims and gathering evidence. The Government is also requested to indicate how cooperation between the labour inspectorate and the prosecuting authorities can be strengthened so that judicial proceedings can actually be initiated. The Committee requests the Government to supply information on judicial proceedings in progress pursuant to section 160 of the Penal Code and on any convictions handed down.
Articles 1(1) and 2(1). Impact of refusal to perform work in the public interest on entitlement to social security benefits or allowances. The Committee notes that the Government communicated, together with its report, observations from the General Confederation of Portuguese Workers (CGTP) concerning the question of the obligation to perform work in the public interest in order to be entitled to social integration income, and that it provided information on the functioning of this system. The Committee further notes that the ILO Governing Body, at its 322nd Session (October–November 2014), declared receivable the representation alleging non-observance by Portugal of the Forced Labour Convention, 1930 (No. 29), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), made by the National Federation of Unions of Workers in the Public and Social Services (FNSTFPS). In so far as the allegations made by the FNSTFPS in the context of this representation are also concerned with the question of work in the public interest and the possible impact of refusal to perform such work on the payment of social benefits, the Committee decides, in accordance with its usual practice, to suspend examination of this question until the Governing Body has adopted the recommendations of the tripartite committee set up to examine the representation.
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