Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Grecia (Ratificación : 1952)

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Observación

Solicitud directa

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The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received on 31 August 2018. The Committee further notes the observations of the Greek Medical Corps Association (ESTIA) received in May 2019, as well the Government’s reply to these observations received in October 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee previously noted the adoption of Act No. 4198/2013 on preventing and combating trafficking in human beings and protecting its victims, and other provisions. A Coordination Mechanism with public authorities had also been established as well as a National Referral Mechanism (NRM). Moreover, a national strategy for combating trafficking in human beings was to be adopted. The Committee requested the Government to provide information on the implementation of the national strategy to combat trafficking in human beings, as well as on the measures taken to ensure better identification of victims, their protection, support and compensation as provided for in the legislation.

The Committee notes the Government’s indication in its report that the National Action Plan for Preventing and Fighting against Human Trafficking, Protecting and Supporting the victims, and Prosecuting the perpetrators (2018–23) has been developed with the participation of public agencies, NGOs, civil society and grass root organizations. The Committee requests the Government to provide further information on the National Action Plan for Preventing and Fighting against Human Trafficking, Protecting and Supporting the victims, and Prosecuting the perpetrators (2018–23), including the measures taken for its implementation. It also requests the Government to provide information on the results achieved following the adoption of the National Action Plan.

2. Identification and protection of victims. The Committee notes the Government’s indication that a formal national identification and referral system for victims and presumed victims of trafficking has been established (Ministerial Decision No. 30840 of 20 September 2016). The mechanism operates as a hub for coordinated action and partnership building, among all actors involved in combating trafficking in persons. It also brings in additional professionals and stakeholders into the screening and identification process of mixed migratory/refugee flows (migration services, labour inspectors, health providers, local administration authorities).The Government also indicates that under the Migration and Social Integration Code (Law No. 4251/2014) a residence permit is provided for victims of trafficking, even if the person does not cooperate with the competent authorities, provided the person has been recognized by the competent prosecutor as a victim of trafficking. Under section 19A of Law No. 4251/2014, victims of trafficking who do not cooperate with the competent authorities, are granted free of charge a one-year residence permit for humanitarian reasons according to a decision of the Minister of Migration Policy. The one-year residence permit can be renewed for two years each time only under the precondition that the relevant criminal proceedings continue (Law No. 4332/2015 amending Law No. 4251/2014). Moreover, if a person prosecuted for infringement of the Immigration Law, for illegal prostitution, or for participating in criminal activities indicates that she/he is a victim of trafficking and the activities for which she/he is prosecuted are the direct result of her/him being a victim of trafficking, then her/his prosecution may temporarily be stopped. Victims of trafficking are also entitled to apply for compensation from the Greek State (sections 323A and 351 of the Penal Code). Application for compensation shall be addressed to the Greek Compensation Authority by the entitled person or by their proxy within a time limit of one year from the date on which the claim arises.

The Committee also takes due note of the statistical information provided by the Government on the number of victims of trafficking and the forms of exploitation detected from 2015 to 2018. It notes that during the first five months of 2018, 17 victims were identified, one case of labour exploitation and 16 cases of sexual exploitation were detected. The Committee requests the Government to continue its efforts to identify victims of trafficking both for labour and sexual exploitation and to facilitate their access to assistance and remedies. The Committee also requests the Government to provide statistical information on the number of victims identified and who have been granted protection and assistance.

3. Law enforcement. The Government states that in order to tackle trafficking in persons, a certain number of actions have been undertaken within the framework of the Anti-Crime Policy Programme 2015–19 including: (i) raising awareness among the personnel of the Hellenic Police about the phenomenon of trafficking; (ii) conducting inspections and investigations to identify all forms of trafficking in persons; (iii) establishing mixed inspection teams composed of policemen and labour inspectors in regions and periods of the year where a large number of foreign workers are concentrated; and (iv) informing, raising awareness and activating points of entry and border-crossing points for the identification of potential victims of trafficking. Moreover, for the effective investigation of cases of trafficking in persons, the police has established 12 teams for fighting trafficking in human beings and two departments for the same purpose. Their personnel has received specialized training on how to approach victims and investigate cases of trafficking.

The Government further indicates that, the Labour Inspectorate (SEPE) has expanded its competences to further cooperate with other inspection mechanisms such as the Financial Crimes Police. The SEPE also cooperates with the National Rapporteur on Trafficking in Human Beings.

The Government also indicates that for the year 2014, five prosecutions, one conviction on first instance, three acquittals on first instance, three postponements, one appeal and a conviction on second instance have been registered.

The Committee further notes that in its observations, the Greek General Confederation of Labour (GSEE) refers to the report of the National Commission for Human Rights (GNCHR) dated 27 August 2018 on the compliance of the Greek State with the decision of the European Court of Human Rights “Chowdury and others v Greece” (known as the “Manolada case” – Court Decision of 30 March 2017). In its decision, the European Court examined the case of migrant workers trafficked for the purpose of labour exploitation who found themselves in a situation of forced labour in the agricultural sector. The European Court found that the applicants’ situation was one of trafficking in persons and forced labour. It held that Greece was to pay each of the victims €16,000 and recommended that the Government take proactive measures to prevent forced labour and trafficking in persons, protect victims, conduct effective investigations into the offences and punish those responsible.

In its report, the GNCHR points out that the Manolada case is not an isolated case, as alleged by the competent Greek authorities. Indeed, other similar incidents have occurred, including the fire of 7 June 2018, in an improvised camp made of canes and plastic in the area of N. Manoloda. In this regard, the Committee notes that the GSEE has annexed to its communication the “Application–Petition” of the 164 land workers – victims of the fire. The Committee notes that the GNCHR has issued a series of recommendations, including: (i) enhance the control of the working conditions of migrant workers; (ii) speed up the process of granting the status of victims of trafficking; (iii) pursue a proactive strategy for identifying victims of trafficking for the purpose of labour exploitation and/or forced labour; and (iv) ensure that victims are systematically informed in a language that they can understand of their right to seek redress.

The Committee notes that in its reply to the above observations, the Government indicates that it has already forwarded its positions to the relevant Committee of the Council of Europe.

The Committee requests the Government to continue providing information on the measures taken to strengthen the capacity of the law enforcement authorities to combat all forms of forced labour, including trafficking in persons, conduct effective investigations into these offences and to punish those responsible. It also requests the Government to provide further information on the number of investigations, prosecutions and convictions related to trafficking in persons, as well as the specific penalties applied to those convicted. Regarding the Government’s position on the recommendations of the GNCHR, the Committee requests the Government to provide information on any decision taken by the Council of Europe on this point.

Articles 1(1) and 2(1). Freedom of career medical officers of the armed forces to leave the service. The Committee previously noted the 2013 observations from the Hellenic Military Medical Corps Association (ESTIA), as well as the 2014 Government’s reply to these observations. The ESTIA referred to the situation of medical officers of the army who have benefited from academic studies and training, and find themselves under an obligation to serve in the army for a very long period of time which may exceed 30 years. This includes an obligation to serve twice as long as the period of initial training of six years received, that is, 12 years, as well as an additional requirement to obtain a specialization which entails a further obligation to serve for five years, and further obligations linked to other training. In its reply, the Government referred to the provisions governing the resignation of army officers as set out in Legislative Decree No. 1400/1973 (amended by Act No. 3257/2004). In this regard, an officer who has received training can be authorized to leave the army only after having completed a compulsory period of service which is twice the duration of training received. Furthermore, officers of the medical corps who have received specialization training undertake the obligation to remain in the armed forces for five years. The Government considered that these additional periods for which officials must remain in the armed forces are legitimate since they constitute a means of reimbursement of the expenditure incurred by the State for the provision of the studies which are offered free of charge. Officers accept voluntarily to participate in the training after having been informed of the obligation to serve linked to the training. The Committee requested the Government to communicate statistical information on the average length of the obligation to serve of medical officers of the armed forces, as well as on the number of requests for resignation handed in by medical officers, and the number of resignations accepted (including information on the sum required from the medical officers to buy back their remaining years of service).

Regarding the average length of the obligation to serve of medical officers, the Committee notes the Government’s reference to a series of Decisions of the Court of Auditors Plenary in which it was decided that the compensation by an officer of medical corps in the armed forces of their training costs does not constitute a form of compulsion but a legal compensation for the costs incurred by the Service. Moreover, according to Opinion No. 156/2006 of the State Legal Council, the time during which an officer of the medical corps is absent from duty for the internship is considered as training time which is not taken into account as actual military service time. With this calculation method, the average time period that these officers must remain in the Armed Forces is 17–18 years; 12 years (double the time of six years of studies at the Academy) plus five years (additional commitment to remain in the armed forces because of medical internship, the cost of which is covered by the service), plus a possible one year for further training.

The Committee notes that the Government has provided some statistical information on the percentage of resignations submitted by officers per year in relation to the total number of officers in the medical corps servicing at each branch of the armed forces who are under the obligation to remain in the armed forces. All submitted resignations have been accepted.

Regarding the sum required from the medical officers to buy back their remaining years of service, the Government indicates that for instance, for nine years of remaining compulsory service (which is the average remaining time that officers who resign have to serve), they have to pay an amount that ranges from €130,000 to €150,000.

Finally, the Government adds that the obligation to remain in the armed forces for a minimum period applies to all officers of the armed forces and not only to the officers of the medical corps. The award of compensation to the State in case of early resignation is used as a reimbursement of the expenses incurred by the State for the training of the officers, to whom, in addition to the training itself, accommodation, food, salary and clothing are provided. Given the above, the amount of the said compensation is calculated in an objective manner and it is the amount of the actual monthly salaries according to the officers’ rank multiplied by the number of the remaining months of compulsory service that the resigned officers should provide to the armed forces under section 33 of Law 3883/2010.

The Committee notes that according to ESTIA’s observations of May 2019, the compensation that a military doctor has to pay for leaving the service early ranges from €130,000 to €150,000, which is an excessive amount compared to the salary of €1,000–1,500 that a doctor earns at the age of 35–40 years. Accordingly, this amount is not correlated with the cost of training which amounts to €31,195. Referring to the 2002 Decision of the European Committee of Social Rights, in which the maximum service has been established at 15 years, ESTIA indicates that the Government sets up a maximum period of 17 years’ service (Law 3252 of 2004). However, in practice, four years of extra training obligation should be added to this period of 17 years (in some cases it may exceed 21 years).

The Committee also notes that in its reply the Government indicates that the compensation that medical officers have to pay for failure to fulfil their obligations due to their early exit from the armed forces should be equal to the current monthly salary and multiplied by the number of the remaining months of service. The medical doctors who have been trained abroad have also the same obligation to compensate the state.

In light of the above, the Committee recalls that career members of the armed forces who have voluntarily entered the military service must be able to leave the service in time of peace, within a reasonable period either at specified intervals or with previous notice, or subject to proportional reimbursement over a certain period of the cost of training incurred by the State.

The Committee duly notes that medical officers in the armed forces fully enjoy the right to leave their service at their own request before the completion of the period for which they undertook to remain in service, if they reimburse part of the cost of the training received.