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Forced Labour Convention, 1930 (No. 29) - Portugal (RATIFICATION: 1956)
Protocol of 2014 to the Forced Labour Convention, 1930 - Portugal (RATIFICATION: 2020)

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The Committee notes the observations of the General Confederation of Portuguese Workers (CGTP–IN) and the General Workers’ Union (UGT) communicated with the Government’s report.
Articles 1(1) and 2(1) of the Convention. Impact of refusal to perform socially necessary work on entitlement to unemployment benefit. In its previous comments, the Committee noted the adoption by the Governing Body at its 327th Session (June 2016) of the recommendations of the tripartite committee set up to examine the representation made by the National Federation of Unions of Workers in the Public and Social Services (FNSTFPS) against Portugal alleging non-observance of the Forced Labour Convention, 1930 (No. 29), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee noted that the representation referred to the requirement for the unemployed to undertake socially necessary work under the penalty of losing their entitlement to unemployment benefits. It recalled, as observed by the tripartite committee, that the purpose of unemployment compensation schemes is to provide persons who have lost their jobs with income replacement for a certain period so that they can seek suitable and freely chosen employment. The Committee therefore requested the Government to provide information on any consultations undertaken with the social partners with a view to evaluating all the terms and conditions for the implementation of employment insertion contracts (CEI), their effectiveness and impact, as suggested by the tripartite committee. It also requested information on the conditions for the implementation of CEIs, with an indication of the number of the unemployed receiving unemployment benefits who have been requested to undertake socially necessary work, the number who have refused and the reasons for their refusal, and the number whose entitlement to unemployment benefits has been suspended. In order to assess whether the requirement to perform socially necessary work is reserved for unemployed persons who have exhausted their entitlement to unemployment benefits, or to those whose entitlement is coming to an end, the Committee requested the Government to provide information on the time from which CEIs are proposed to the unemployed who are receiving unemployment benefit. Finally, it requested the Government to indicate whether persons who have just lost their job have a reasonable period to seek on a full-time basis and to freely choose a suitable job, without fear of losing their entitlement to unemployment benefits.
The Committee notes the observations of the CGTP–IN and the UGT that no changes have occurred in the regulation of CEIs regarding the performance of socially necessary work by unemployed persons. The CGTP–IN refers once again to the pressure exerted on the unemployed to accept socially necessary work and alleges that the Government has taken no initiative to engage in negotiations with the social partners regarding the conditions in which unemployment benefit recipients are asked to perform socially necessary work under CEIs. It estimates that the number of CEIs has been diminishing due to the reduction in unemployment, but alleges that no information is publicly available on the issue. The UGT refers again to its previous observations, in which it considered fundamental for the question of socially necessary work imposed on the unemployed to be analysed rapidly and for consultations to be held with the social partners so that this active employment measure can be assessed and eventually redesigned. The Government indicates in its report that the legal framework applicable to the CEI is stabilized and therefore, since 2014, there were no legislative changes that would require formal consultations with the social partners on that issue. Persons receiving unemployment benefits may be exempted to undertake socially necessary work under a CEI for a period of 30 consecutive days and they are entitled to up to four days per month off to actively seek a job. The Committee takes note of the Government’s indication that the CEI is one of the activation measures available for unemployment benefit recipients and that the Institute for Employment and Vocational Training (IEFP) must monitor and follow regularly the implementation of the CEI. It notes, however, that the Government’s report does not contain any information on the implementation of this measure. The Committee once again requests the Government to provide information on the conditions for the implementation of employment insertion contracts (CEI), notably the number of the unemployed receiving unemployment benefits (“subsídio de desemprego”) who have been requested to undertake socially necessary work, the number who have refused and the reasons for their refusal, and the number whose entitlement to unemployment benefits has been suspended. Recalling that entitlement to unemployment benefit (“subsídio de desemprego”) arises out of their previous work and the contributions made to the unemployment insurance scheme, the Committee requests the Government to provide information on the time from which CEIs are proposed to unemployed persons who are receiving such unemployment benefits, so that the Committee can assess whether the requirement to perform socially necessary work is reserved for unemployed persons whose entitlement to unemployment benefits is coming to an end. Finally, the Committee requests the Government to provide information on any developments regarding consultations undertaken with the social partners with a view to evaluating the terms and conditions for the implementation of CEIs, as suggested by the tripartite committee.
Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee welcomed the action taken by the Government to combat trafficking in persons, and requested the Government to provide information on the final implementation report of the third National Plan to Combat Trafficking in Human Beings (PNPCTSH III), indicating areas in which obstacles have been noted and measures envisaged to overcome them. The Committee encouraged the Government to continue reinforcing the means of action of the various competent authorities, and requested information on the measures taken to facilitate cooperation and the exchange of information between them. The Committee further requested information on judicial procedures under section 160 of the Penal Code, as well as on the protection and assistance afforded to victims of trafficking.
1. Implementation of the National Plan to Combat Trafficking in Human Beings. The Committee takes note of the final implementation report of PNPCTSH III provided by the Government, which provides details on the 48 (of 53) measures implemented referring to prevention, training, protection, investigation and cooperation. The Committee also notes the adoption of the IV National Plan of Action for the Prevention and Combat of Trafficking in Human Beings 2018–2021 (PACTSH IV) which aims: (i) to raise awareness on trafficking in persons; (ii) to ensure that victims have access to their rights; and (iii) to promote the fight against organised crime networks. The PACTSH IV foresees, among others, measures to: improve data collection and increase awareness on trafficking in persons; reinforce inter-institutional cooperation; strengthen the involvement of municipalities and local networks; promote a better monitoring of the formal and informal labour market and of recruitment agencies; promote the prevention of and combat trafficking in supply chains and in public procurement; and improve victims’ access to their rights such as compensation. The Committee encourages the Government to continue its efforts to prevent and combat trafficking in persons and requests it to provide information on the implementation of the PAPCTSH IV, with an indication of the areas in which obstacles have been noted and the measures envisaged to overcome them.
2. Identification and protection of victims, and penalties. The Committee notes that the UGT expresses concerns about the regular identification of cases of workers, mainly foreign, in situations of labour exploitation. It also notes the observations by the CGTP–IN that labour exploitation and forced labour related to trafficking in persons are serious issues that would justify a specific action plan targeting their elimination, with its own means and instruments. This would require the reinforcement of the human and material means available to the competent authorities, notably the Labour inspectorate (ACT) and police authorities.
The Government indicates in its report that Law No. 71/2018, of 23 December 2018, which approves the budget for the year 2019 foresees the reinforcement of human resources for combating trafficking in human beings. Competitions are ongoing for the recruitment of 122 labour inspectors for ACT. Efforts have been developed in recent years to increase joint monitoring operations on trafficking in persons with the police forces and other entities, such as social security and tax authorities. Law No. 96/2017, of 23 August 2017, which defines priorities in criminal policy for 2017–19 foresees the collaboration of ACT with police forces in the development of plans of action to prevent trafficking for labour exploitation (section 11(2)), and the cooperation and information sharing between police forces to prevent and investigate trafficking in persons. ACT has undertaken joint inspections with the Foreigners and Borders Service (SEF) whenever the existence of foreign workers was probable. In 2017, inspections were carried out by ACT with SEF and the National Guard (GNR) in big scale agricultural exploitations in the Alentejo region. ACT also cooperated and exchanged information regularly with the Observatory on Trafficking in Human Beings (OTSH) and the members of the Support and Protection to Victims of Trafficking Network (RAPVT). The National Plan for the implementation of the Global Compact on Migration adopted in August 2019 foresees measures to facilitate fair and ethical recruitment, namely through the capacity-building of SEF and labour inspectors and ensuring migrants working in the informal economy have access to protection and complaints mechanisms in cases of exploitation or violation of their labour rights. In this respect, the Committee also notes the adoption of Law No. 28/2016, of 23 August 2016, which aims to combat modern forms of forced labour and introduces changes to sections 174 and 551 of the Labour Code, to section 16 of the Law on the promotion of occupational safety and health and to section 13 of the Law regulating private employment agencies and temporary agency work companies, extending the liability and the payment of fines for violations occurred in the supply chain.
The Committee welcomes the information provided by the Government on court decisions relating to trafficking in persons and notes the Government’s indication that between June 2016 and 31 December 2017, 16 persons were convicted of that crime. The Committee notes that, according to the 2018 report on trafficking in persons published by the Observatory on Trafficking in Human Beings (OTSH) in March 2019, the number of reports of presumed victims in 2018 was 203 (compared with 175 in 2017), with 168 reports on Portuguese territory and 35 reports concerning Portuguese citizens abroad. Of these reports, 105 were related to trafficking in persons for labour exploitation. Of the reported cases, 37 were considered “confirmed cases” by the judicial police following a criminal investigation, while 27 were still under investigation. The Committee notes the information on the assistance provided to victims in 2018, including legal, medical and psychological assistance, education and training. 40 victims were accommodated in specialized centres in 2018, 12 benefited from support or were integrated in the labour market, and nine received residence permits. The Committee also takes note of the information provided regarding the missions of the five specialized multidisciplinary teams (EME) operating throughout the national territory and of the plans to create a new one in Madeira. A translation service was created in 2018 to support the RAPVT and the multidisciplinary teams in cases of assistance to foreign victims. Additionally, Normative Order 3/2019 of 8 February foresees the allocation of a part of the proceeds of social games to multidisciplinary teams and to specialized centres to support and protect victims of trafficking in persons. The Committee encourages the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. It requests the Government to continue to provide information on the measures taken and results achieved, the number of victims who have been identified and who have benefited from protection in order to prevent them falling back into a situation of vulnerability in which they might once again become victims. The Committee further requests the Government to provide information on the measures to reinforce the capacities of the competent authorities, including the Labour Conditions Authority, to identify and act against trafficking in persons, particularly for the purpose of labour exploitation. Please continue providing information on prosecutions, convictions and penalties under section 160 of the Penal Code.

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Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Articles 1(1) and 2(1) of the Convention. Impact of refusal to perform socially necessary work on entitlement to unemployment benefit. The Committee notes the adoption by the Governing Body at its 327th Session (June 2016) of the recommendations of the tripartite committee set up to examine the representation made by the National Federation of Unions of Workers in the Public and Social Services (FNSTFPS) against Portugal alleging non-observance of the Forced Labour Convention, 1930 (No. 29), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes that the representation refers to the requirement for the unemployed to undertake socially necessary work under the penalty of losing their entitlement to unemployment benefit. Socially necessary work consists of the performance by the unemployed of work intended to meet temporary social or community needs (the requirement established by Legislative Decree No. 220/2006 establishing the legal framework for the unemployment compensation scheme for dependent workers and by Decree No. 128/2009). The Committee notes that the tripartite committee emphasized, with regard to the objective of employment insertion contracts and the performance of socially necessary work, that these are a social inclusion measure with the primary purpose of maintaining or developing the work skills of the unemployed and, when the time comes, helping them to find a productive and freely chosen job on the labour market. The tripartite committee observed that there is a legal obligation for the unemployed to accept socially necessary work, but that the legislation provides for the possibility, in certain limited situations, to refuse such work (where it is not suited to a person’s physical abilities, skills or vocational experience, or when a certain travel time is exceeded). The tripartite committee also noted that the legislation gives the same weight to the requirement for beneficiaries of unemployment benefit to accept suitable work and the requirement to accept socially necessary work. An unjustified refusal to accept socially necessary work has the same consequences as unjustified refusal to accept suitable work, namely cancellation of registration with the employment centre and accordingly the ending of entitlement to unemployment benefit. The tripartite committee therefore invited the Government to enter into tripartite consultations with the social partners concerned with a view to evaluating all the terms and conditions for the implementation of employment insertion contracts, their effectiveness and impact.
The Committee notes the Government’s indication in its report that it has noted this recommendation, without however providing further information on this subject. The Committee notes that, in its observations attached to the Government’s report, the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) refers once again to the pressure exerted on the unemployed to accept socially necessary work. The General Workers’ Union (UGT) considers it fundamental for the question of socially necessary work imposed on the unemployed to be analysed rapidly and for consultations to be held with the social partners so that this active employment measure can be assessed and eventually redesigned. The Committee recalls, as observed by the tripartite committee, that the purpose of unemployment compensation schemes is to provide persons who have lost their jobs with income replacement for a certain period so that they can seek suitable and freely chosen employment. Entitlement to a replacement income arises out of their previous work and the contributions made to the related unemployment insurance scheme. Under these circumstances, the Committee requests the Government to provide information on any consultations undertaken with the social partners on the terms and conditions for the implementation of employment insertion contracts, as suggested by the tripartite committee. The Committee also requests the Government to provide information on the conditions for the implementation of employment insertion contracts, with an indication of the number of the unemployed receiving unemployment benefit who have been requested to undertake socially useful work, the number who have refused and the reasons for their refusal, and the number whose entitlement to unemployment benefit has been suspended. Please also provide information on the time from which employment insertion contracts are proposed to the unemployed who are receiving unemployment benefit, so that the Committee can assess whether the requirement to perform socially necessary work is reserved for unemployed persons who have exhausted their entitlement to unemployment benefit, or to those whose entitlement is coming to an end. Please also indicate whether persons who have just lost their job have a reasonable period to seek on a full-time basis and to freely choose a suitable job, without fear of losing their entitlement to unemployment benefit.
Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee welcomed the measures taken by the Government to combat trafficking in persons, which bear witness to its commitment and will to adapt the institutional and legislative framework to the complexity of the issue. It requested the Government to provide information on the implementation of the five strategic areas of the third National Plan to Combat Trafficking in Human Beings (PNPCTSH III) and on the measures taken to strengthen the resources and investigative capacity of the law enforcement bodies with a view to the effective application of the penalties set out in section 160 of the Penal Code, which criminalizes trafficking in persons, to those found guilty of this crime.
Implementation of the National Plan to Combat Trafficking in Human Beings. The Committee notes the very detailed information provided by the Government on the many actions taken for the implementation of the 53 measures envisaged in the five areas covered by the PNPCTSH III for the period 2014–17. It notes that the Government has continued to carry out awareness-raising activities (the national campaign organized on an annual basis in October for the European Union Anti Trafficking Day, the dissemination of information material through various media, the publication of university studies, the exchange of information and participation in regional and international events intended to improve understanding of the issue and share good practice) and activities to strengthen the capacities and the initial and continuous training of magistrates, the forces of order (including the anti-trafficking unit of the Foreigners and Borders Service) and the labour inspection services. It has also intensified measures intended to improve the support and protection of victims (the establishment of a shelter for men in 2013 and a centre for women in 2014; the creation, alongside the Network for Support and Protection to Victims of Trafficking (RAPVT), of five specialized multi disciplinary teams (EME) which coordinate the assistance provided to victims throughout the country). The Committee also notes the strategic role played by the Commission for Citizenship and Gender Equality (CIG) which, as the coordinating body for action to combat trafficking in persons, adopts annually the plan of action for the implementation of PNPCTSH III, provides support to the bodies responsible for its implementation and prepares regular implementation reports. Similarly, the Observatory on Trafficking in Human Beings (OTSH) produces, processes and disseminates information on trafficking in persons with a view to improving understanding of this phenomenon by the public and the competent authorities.
The Committee once again welcomes the action taken by the Government for the implementation of the five components of PNPCTSH III (prevention, training, protection, investigation and cooperation) and requests the Government to continue indicating the measures taken to combat trafficking in persons for both sexual exploitation and labour exploitation. Please provide information on the final implementation report of PNPCTSH III, which is to be prepared by the CIG in February 2018, with an indication of the areas in which obstacles have been noted and the measures envisaged to overcome them.
Identification of victims and punishment of those responsible. The Committee notes the information provided concerning the preventive inspections and investigations undertaken by the various competent authorities, both individually and jointly, to identify cases of trafficking in persons. In particular, it notes the statistics on the monitoring operations carried out by the forces of order (the gendarmerie, national police and the Foreigners and Borders Service) in high risk locations, such as nocturnal leisure establishments and agricultural concerns, as well as the inspections carried out by the Labour Conditions Authority (ACT), particularly in the context of action to combat undeclared work. The Government emphasizes the role played by the ACT in detecting situations which may be related to trafficking in persons for labour exploitation and in gathering evidence as a basis for classifying situations as crimes and, accordingly, referring the cases to the Office of the Public Prosecutor or to criminal police officers. The Committee notes that, according to the 2015 report on trafficking in persons published by the OTSH in April 2016, the number of reports of presumed victims in 2015 was 193 (compared with 197 in 2014), with 135 reports on Portuguese territory and 58 reports concerning Portuguese citizens abroad. Of these reports, 61 per cent were related to trafficking in persons for labour exploitation. Of the reported cases, 53 were considered “confirmed cases” by the judicial police following a criminal investigation (compared with 48 in 2014).The Committee also notes the Government’s indication that in 2013 a total of 29 persons were charged in the context of judicial proceedings and that nine persons were convicted of trafficking in persons. In this regard, the Committee notes that Act No. 72/2015 of 20 July, setting out the objectives, priorities and orientations of criminal policy, considers trafficking in persons a crime to be prevented and investigated on a priority basis, particularly in view of the need to protect victims.
The Committee welcomes the fact that the efforts made to strengthen the resources and investigation capacity of law enforcement bodies have resulted in the prosecution and conviction of certain persons responsible for the crime of trafficking in persons, in accordance with section 160 of the Penal Code. However, the Committee notes the Government’s indication, based among others on the conclusions of the OTSH report of April 2016, that both the identification of victims and investigations are encountering difficulties. In this regard, the Government refers to the fact that victims do not self-identify as victims, are not aware of their rights and fear reprisals. The authorities are also confronted with organized crime, the use of new technologies, the rapid removal of victims (across borders and within the country) and the capacity of the perpetrators to adapt. Under these circumstances, the Committee encourages the Government to continue reinforcing the means of action of the competent authorities (the Labour Conditions Authority, the forces of order, the Office of the Public Prosecutor and the judicial authorities) to facilitate rapid, flexible and effective action against trafficking in persons, in whatever form. In particular, please indicate the measures taken to facilitate cooperation and the exchange of information between the various authorities. The Committee requests the Government to continue providing information on current judicial procedures under section 160 of the Penal Code and on the nature of the convictions handed down. Finally, the Committee requests the Government to provide more detailed information on the protection and assistance afforded to victims of trafficking by the five specialized multidisciplinary teams operating throughout the national territory, with an indication of whether foreign victims were able to obtain residence permits, and the manner in which they obtain compensation for the damages suffered in order to prevent them falling back into a situation of vulnerability in which they might once again become victims.

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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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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
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.

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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.

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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.

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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.

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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.

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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.

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