Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Croatie (Ratification: 1991)

Autre commentaire sur C029

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Forced labour and trafficking in persons. 1. Legislation and law enforcement. In its earlier comments, the Committee noted that the Government was considering a possibility to revise certain definitions and to improve the existing legal framework, in particular, by imposing more severe punishments for serious offences, including that covered by section 128 of the 2004 Criminal Act (the illegal compulsion to act against a person’s will, which was applicable to punish the illegal exaction of forced or compulsory labour). The Committee further took note of the adoption of a new Criminal Act on 21 October 2011 and requested the Government to provide information on penal sanctions imposed for cases of forced labour, specifying which provisions of the Criminal Act were used to this end.

The Committee notes the Government’s information in its report that the new Criminal Act entered into force in January 2013. Previous section 175 “trafficking in persons and slavery” is now divided in two separate sections – section 105 and section 106. Section 105 addresses slavery, while section 106 addresses trafficking in persons for the purposes of labour and sexual exploitation, as well as other forms of exploitation. The Government indicates that, under section 106, one court decision was handed down in a case of trafficking for forced begging. The perpetrator received a penalty of imprisonment for a term of five years and eight months.

The Committee also notes that, according to the 2015 Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the Implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Croatia (2015 GRETA Report), in 2013, the public prosecution service received criminal complaints against six persons on the basis of section 106 of the Criminal Act, for allegedly recruiting several persons and transporting them from Bosnia and Herzegovina to Croatia for the purpose of forced labour. In 2014, 13 persons were prosecuted on the basis of section 106. Moreover, two final convictions against two perpetrators were handed down in 2014, one on the basis of section 175 on human trafficking in the former Criminal Act, and one on the basis of section 106 of the 2013 Criminal Act (GRETA(2015)33, paragraph 161).

The Committee further notes that, in its concluding observations of 2015, the UN Human Rights Committee (HRC) stated that there were reports indicating retrogression with regard to measures taken to combat trafficking in persons. The HRC was also concerned about the small number of persecutions and the leniency of the sentences imposed on traffickers (CCPR/C/HRV/CO/3, paragraph 17). Moreover, in its concluding observations of 2015, the Committee on the Elimination of Discrimination against Women (CEDAW) was concerned that perpetrators of trafficking were often charged with offences of pimping rather than the more serious offence of human trafficking, resulting in a disturbingly low rate of conviction for human trafficking (CEDAW/C/HRV/CO/4-5, paragraph 20). The Committee therefore requests the Government to take the necessary measures to ensure that investigations and prosecutions are carried out against perpetrators of trafficking in persons. It also requests the Government to continue providing information on the application of sections 105 and 106 of the new Criminal Act in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Identification and protection of victims. The Committee notes the Government’s information that the number of identified victims of trafficking rose in 2013 and 2014 (31 in 2013 and 37 in 2014 respectively) compared to previous years (14 victims in 2011 and 11 in 2012). Moreover, 25 victims were identified from January to June 2015. The increase was largely attributable to a surge in the number of child victims related to online child pornography, which accounted for more than half of the victims in 2014. While most identified victims are women and girls trafficked for the purpose of sexual exploitation, there was some increase in the number of men and boys who are subjected to labour exploitation in the agricultural sector or in forced begging. The Government also indicates that the labour inspectorate was involved in a number of raids carried out by the police, notably on construction sites and in the agricultural sector. However, the raids did not lead to the identification of victims of trafficking.

The Committee also notes that, according to the 2015 GRETA Report, the real scale of human trafficking is higher than the figures of identified victims suggest. Increased risks of forced prostitution have been reported on the Adriatic coast during the tourist season, but this has not led to the identification of victims. In addition to the agricultural sector, some other sectors of the economy are also at risk of trafficking, in particular construction and the hospitality sector (GRETA(2015)33, paragraph 14). The Committee further notes that, in its concluding observations of 2015, the CEDAW was concerned that: (i) victims of exploitation of prostitution were sometimes prosecuted rather than provided with appropriate support measures; (ii) there were inadequate mechanisms for identifying victims of trafficking in situations of heightened risk; (iii) there were inadequate systems for the collection of disaggregated data on victims of trafficking, including by gender, age, ethnicity and nationality; (iv) there were inadequate shelters, and training of personnel therein, for victims of trafficking; and (v) there were inadequate measures to address the specific vulnerabilities and needs of non-national victims of trafficking (CEDAW/C/HRV/CO/4-5, paragraph 20). The Committee therefore requests the Government to strengthen its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to take the necessary measures to ensure that appropriate protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard.

3. Plan of action and monitoring mechanism. The Committee notes that, according to the 2015 GRETA report, the National Action Plan to Combat Trafficking for the period of 2012–15 has been implemented. The Report indicates that there are no objectives in the National Action Plan to specifically address trafficking for labour exploitation, and that neither the Labour Inspectorate nor trade unions are mentioned in the action plan as partners in anti-trafficking efforts. Further, while reference is made to training in the tourism industry where there are existing risks of trafficking, no action is planned in other risk sectors, such as agriculture and construction (GRETA(2015)33, paragraphs 28 and 30). The Report also indicates that the Ministry of Labour, under which comes the Labour Inspectorate, is not part of the National Committee or the Operational Team for combating trafficking, in spite of its potential role in detecting victims (paragraph 24). Noting that the National Action Plan to Combat Trafficking for the period of 2012–15 has ended, the Committee requests the Government to indicate whether a new National Action Plan is to be developed. The Committee also requests the Government to provide information on the measures taken or envisaged to strengthen its efforts in combating trafficking for labour exploitation, and to enhance the role of labour inspectorate in the monitoring mechanism in this regard.