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 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.