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Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 29) sur le travail forcé, 1930 - Danemark (Ratification: 1932)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Danemark (Ratification: 2017)

Autre commentaire sur C029

Observation
  1. 2004
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  3. 2001
Demande directe
  1. 2022
  2. 2010
  3. 2008
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  5. 2005
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The Committee welcomes the ratification by Denmark of the Protocol of 2014 to the Forced Labour Convention, 1930, and takes due note of the Government’s first report.
Article 1 of the Convention and Articles 1 (1) and (2) of the Protocol. Institutional framework. National policy and systematic action. The Committee notes the Government’s indication in its report that the 5th National Action Plan Against Human Trafficking for the period 2019-2021, which was under the main responsibility of the Danish Centre Against Human Trafficking (CMM), covered five main areas, namely: (i) prevention of trafficking in persons in Denmark and internationally; (ii) identification of victims; (iii) support for the victims; (iv) prosecution of traffickers; and (v) partnership and coordination. The Plan involved systematic coordination between competent authorities, as well as collaboration with NGOs and other relevant stakeholders. A new Action Plan has been prepared for the period 2022-2025. The Government further indicates that the ratification of the Protocol has resulted in enhanced coordination with the social partners and that further collaboration and follow-up to the actions taken to implement it will take place within the Follow-up Group on International Recruitment and Foreign Workforce. The Committee welcomes the institutional framework established to combat trafficking in persons and encourages the Government to pursue its efforts in this regard. It requests the Government to provide information on the measures taken under the National Action Plan to combat trafficking in persons 2022-2025, particularly in relation to sectors where trafficking in persons is more prevalent. It also requests the Government to provide information on the results achieved as well as on the difficulties encountered in the implementation of the National Action Plan and the measures taken to overcome them. Please continue to provide information on the collaboration of the social partners to combat forced labour, including within the Follow-up Group on International Recruitment and Foreign Workforce.
Articles 1(1), 2(1) and 25 of the Convention and Article 1(3) of the Protocol. Law enforcement. The Committee notes that section 262 (a) of the Criminal Code criminalizes trafficking in persons, including for the purpose of labour and sexual exploitation, providing for prison penalties for up to 10 years for the perpetrators and it does not provide for a minimum penalty. According to the 2021 Evaluation Report on the implementation by Denmark of the Council of Europe Convention against Trafficking in Human Beings issued by the Group of Experts on Action against Trafficking in Human Beings (GRETA) from 2016 until October 2020, the police filed 64 reports in cases involving trafficking in persons and nine court decisions related to this crime were issued between 2019 and 2020. In this regard, the Committee notes the GRETA’s concern that some of the sentences for trafficking do not appear to be proportionate. It further notes that in its 2021 Concluding Observations for Denmark, the United Nations Committee on the Elimination of Discrimination against Women refers to the limited and insufficient human, technical and financial resources available to the anti-trafficking unit of the Police (CEDAW/C/DKN/CO/9, para. 22). The Committee requests the Government to take the necessary measures to strengthen the capacities of the law enforcement bodies with a view to better ensure that: (i) cases of trafficking in persons, both for sexual and labour exploitation, are identified and investigated; (ii) alleged perpetrators are effectively prosecuted; and (iii) dissuasive sanctions are applied. In this respect, it requests the Government to provide updated information on the application of section 262(a) of the Criminal Code, including statistics on investigations, prosecutions, convictions, and penalties imposed.
Article 2 of the Protocol. Measures of prevention. Clauses (b) and (e). Educating and informing employers. Supporting due diligence. The Committee notes that, as part of the Government’s efforts to raise awareness among employers on forced labour risks, meetings with private sector actors have been held to address the issue of hidden forced labour in the supply chain, and a Guide entitled “Managing the Risk of Hidden Forced Labour - A Guide for Companies and Employers” was prepared in consultation with different stakeholders. The Guide is a prevention tool that encourages companies’ self-regulation and provides for measures that companies can apply to avoid unintentionally being associated with cases of hidden trafficking. The Committee further notes that section 135(1)(6) of the Danish Procurement Act requires contracting authorities to exclude any candidate or tenderer from participation in a procurement procedure, when the candidate or tenderer has been convicted or fined by final judgment for trafficking in persons. The Committee welcomes the measures taken to support due diligence by both the public and private sectors to prevent and respond to risks of forced labour and encourages the Government to continue taking steps to build employers’ capacities to prevent situations of forced labour, including in the framework of the Managing the Risk of Hidden Forced Labour Guide. Please also provide information on the application of section 135(1)(6) of the Danish Procurement Act.
Clauses (c) and (d). Labour inspection. Protection of migrant workers. The Committee notes the Government’s indication that labour inspectors and relevant actors have received training on trafficking in persons, including in the identification of signs of trafficking, how to react and what assistance victims of trafficking are eligible for. It notes from the GRETA’s Report that the number of labour inspectors has increased as part of a national policy to fight social dumping. Even though labour inspectors do not have investigative powers in situations of trafficking in persons, every year they conduct join inspections together with the police and the tax authorities to detect possible situations of trafficking. The Committee further notes that, due to several cases of gross exploitation of foreign workers, the Government has set up a working group to develop initiatives, in collaboration with the social partners, to protect and support vulnerable foreign workers. The Committee requests the Government to provide information on the number and results of joint inspections conducted by the labour inspection, the police and the tax authorities to prevent situations of trafficking in persons. It also requests the Government to provide information on the measures taken to inform foreign workers on their rights and on the mechanisms available to assert their rights.
Article 3 of the Protocol. (i) Identification of victims. The Committee notes the Government’s indication that the task of identifying victims of trafficking in persons lies mainly with the CMM. With respect to migrants in irregular situation, the formal identification of victims of trafficking in persons begins with the Danish Police presenting an expulsion case to the Expulsion Division of the Danish Immigration Service (DIS). If the Expulsion Division initially assesses any indicator of human trafficking based on the person’s history in Denmark, combined with the information from the police interrogation and/or if the person has been found in the prostitution environment, the CMM is required to conduct an interview with the potential victim of trafficking. Factors that are taken into account when considering if a migrant is a victim of trafficking include: information regarding the recruitment and (forced) transportation of the said person to Denmark, the person’s former and current living conditions, whether the person is in possession of his/her passport and other documents of identification, whether the person has debts to the trafficker or whether the person (or the person’s family) is exposed to threats or other fears caused by the trafficker.
The Committee further notes that, according to the 2021 Human Trafficking Report issued by the Danish Centre Against Human Trafficking, in 2021, 19 persons were trafficked for forced labour, particularly in the construction sector; 18 persons were trafficked for engaging in criminal activities; 33 persons were trafficked for sexual exploitation; and three women were trafficked into slave-like conditions. It observes that the GRETA’s Report points out that one practical difficulty in the identification of victims is that authorities seem to attach a lot of importance to whether the victim is still in a trafficking situation. The Committee requests the Government to continue providing information on the measures taken to better identify cases of trafficking in persons, indicating the number of victims identified. It also requests the Government to provide information on the difficulties encountered in this regard, and in particular in relation to the assessment of the victims’ continued exposure to threats from the traffickers.
(ii) Protection of victims. The Committee notes that the Government indicates that, as a standard procedure, the CMM appoints a contact person for victims of trafficking, who provides them with counselling and assistance, and participates in the planning and follow-up on assistance during the recovery and reflection period. According to section 741(a) of the Administration of Justice Act, a counsel free of charge shall be assigned to victims of trafficking by the court during criminal proceedings upon the victim’s request. According to the GRETA’s Report, 377 victims of trafficking in persons received assistance in the period 2015-2018, 58 victims in 2019, and 51 in 2020.
The Committee further notes that, section 9(c)(5) of the Aliens Act provides for a temporary residence permit for victims of crimes, whose presence is required for purposes of investigation or prosecution. The Government indicates that victims of trafficking in persons without a residence permit to stay in Denmark are given a reflection period of 30 days, which can be extended for up to 120 days. If the Expulsion Division assesses that a person in an irregular situation is a victim of trafficking in persons, generally, the person will not be expelled for circumstances that result from being a victim of trafficking and will instead be provided with a reflection period. The Committee notes the Government’s indication that, for the person to be provided with a reflection period it is crucial that the person remains exposed to pressure from traffickers or subject to the effects of human trafficking. When the reflection period expires, victims of trafficking are offered a voluntary prepared return to their country of origin or other country of residence, corresponding to an individually planned repatriation and reintegration program, which involves activities, education or vocational training and help for small business start-ups.
The Committee requests the Government to continue providing information on the assistance provided to victims of trafficking as well as on the number of victims who have received such assistance. Considering that the granting of a recovery and reflection period is key to ensure that victims of forced labour, irrespective of their legal status, benefit from protection measures, the Committee requests the Government to clarify how it is assessed, in practice, if presumed victims of trafficking are “still exposed to pressure from traffickers or subject to the effects of human trafficking” as a condition to be granted a reflection period. Please indicate how many victims of trafficking have been granted a recovery and reflection period, the duration of these periods as well as the number of victims who have obtained a residence permit under section 9(c)(5) of the Aliens Act.
Article 4 of the Protocol. (i) Access to appropriate and effective remedies. The Government indicates that, according to section 685 of the Administration of Justice Act, victims of a criminal offence (which includes trafficking in persons) may make a claim for compensation for injuries or other civil claims caused by a criminal act during a criminal court proceeding. The claim can be made by the victim’s counsel or the prosecutor on behalf of the victim. Furthermore, according to the Act on State Compensation to Victims of Crime, the State awards compensation and damages for personal injury inflicted by violations of the Danish Criminal Code committed in Denmark. Victims can also claim damages related to a criminal offence in civil law proceedings after the criminal law proceedings have ended. According to the GRETA’s Report, only a small number of victims of human trafficking have received compensation from the perpetrators, and there have been only three claims for state compensation in human trafficking cases since 2016.
Taking into account that a large number of cases of trafficking in persons do not end up in criminal court proceedings, the Committee considers that it is important for the Government to take measures to ensure that all victims have access to appropriate compensation.Therefore, the Committee requests the Government to provide information on the measures taken to assist victims to request and obtain state compensation, and on the number of claims lodged by victims in the absence of a criminal court proceedings that have been handled by the Criminal Injuries Compensation Board. It also requests the Government to indicate the number of cases in which such victims have been granted compensation and in which form.
(ii) Non-prosecution of victims of trafficking. The Committee notes from the Government’s report that, in 2012, the Director of Public Prosecutions issued binding guidelines to the prosecution service on handling cases of victims of human trafficking who have committed a criminal offence. According to these guidelines, an indictment shall, as a main rule, be waivered pursuant to section 722(2) of the Administration of Justice Act, if the suspect has been a victim of human trafficking, provided that the alleged offence relates to the trafficking and cannot be characterized as a serious crime. TheCommittee requests the Government to provide information on the cases in which indictments have been waivered for persons who have committed criminal offences as a direct consequence of being subject to forced labour. Please also indicate what constitutes a “serious crime” for the purpose of denying the waiver of indictment to victims of trafficking in persons.
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