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Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Allemagne (Ratification: 1956)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Allemagne (Ratification: 2019)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework, and law enforcement. The Committee notes the information provided by the Government in its report according to which, in order to improve the effectiveness of the prosecution of trafficking in persons for the purpose of sexual or labour exploitation, the country is in the process of reforming the criminal law. As part of this process, greater emphasis is to be placed on prevention and on protection of victims. To that end, a federal Government and Länder Working Group was set up to discuss all relevant issues, with the participation of the social partners. The Committee notes in this regard that sections 232 and 233 of the Criminal Code criminalize human trafficking for the purposes of sexual exploitation and work exploitation, respectively. The Criminal Code also provides for the confiscation of assets if the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences (sections 233b and 73d). Furthermore, the legislation also contemplates the possibility of granting a reflection period and a renewable residence permit for at least six months for victims who testify as witnesses during criminal proceedings. The Committee observes that, according to the Trafficking in Human Beings National Situation Report 2014, issued by the Federal Criminal Police Office (BKA), the number of cases of trafficking in persons has decreased. The report points out the difficulties faced by the law enforcement authorities in identifying victims and launching the appropriate investigations as well as the difficulties in implementing section 233 of the Criminal Code (trafficking for work exploitation).
The Committee encourages the Government to continue to strengthen its legislative framework and requests it to provide information on the new legislation adopted. The Committee also requests the Government to provide information on the number of investigations carried out in relation to trafficking cases both for sexual and labour exploitation, the number of prosecutions initiated and the penalties imposed on perpetrators. Please indicate the measures taken to strengthen the capacity of law enforcement authorities, including the labour inspectorate, so as to ensure that victims are identified and adequately protected and that perpetrators are sanctioned. The Committee also requests the Government to provide information on the measures taken to assist victims so as to enable them to assert their rights before the competent national authorities and obtain the benefits inherent to their job (wage arrears, social protection, etc.) as well as compensation for the damage suffered.
2. National strategy to combat trafficking in persons. The Committee notes from the information available on the website of the Ministry of Labour and Social Affairs that an overall strategy for the fight against human trafficking for labour exploitation is to be drawn up by the end of 2016. The Committee encourages the Government to pursue its efforts to combat trafficking in persons and expresses the hope that the national strategy will be soon adopted so as to further strengthen the overall framework aimed at preventing, repressing and suppressing trafficking in persons for sexual and labour exploitation, and to ensure better coordination among the competent stakeholders. Please provide information on the measures taken in this regard.
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