CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Hungary (RATIFICATION: 1956)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that section 192(1) and (2) of the revised Criminal Code of 2012 criminalizes the sale, purchase, exchange, transfer, transport, recruit, receipt or shelter of another person for the purpose of exploitation and establishes penalties of one to five years of imprisonment. Increased penalties are provided for under section 192(3) and (4) if trafficking in persons has been committed through the use of force or by deception and for trafficking of persons under the age of 18. The Committee further notes from the report published on 29 May 2015 by the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the application by Hungary of the Council of Europe Convention on Action against Trafficking in Human Beings that the first National Strategy against Human Trafficking 2008–12 has been followed by a new National strategy for the period 2013–16. This strategy includes a far reaching set of objectives to improve the capacity to identify and assist victims, in particular through prevention, awareness-raising, training, detecting and prosecuting the perpetrators and the setting up of a national referral mechanism. The Committee requests the Government to provide information on the impact of the National Strategy against Human Trafficking 2013–16 in preventing trafficking in persons, indicating whether the objectives set out in the strategy have been achieved. It also requests the Government to provide information on the application in practice of section 192 of the Criminal Code including on the number of convictions and specific penalties applied as well as on the difficulties encountered by the competent authorities in identifying victims and initiating legal proceedings.

Article 2(2)(c). Labour for public interest performed by convicted persons placed at the disposal of private entities. The Committee previously noted that according to section 104 of Act II of 2012, the refusal of consent by the convicted person precluded the imposition of community service. Moreover, concerning the consent of persons sentenced to community work working for private enterprises, the Committee noted the Government’s indication that convicted persons must provide their consent to the probation officer concerning the forwarding of their relevant personal data to the designated place of work. Noting the Government’s indication that convicted persons can request a change of the designated workplace under certain conditions, the Committee requested the Government to provide information on such conditions as well as to provide copies of any relevant provisions in this regard.

The Committee notes with interest from the Government’s report that Act CCXL of 2013 on the execution of punishments, measures, certain coercive measures and custodial arrest for offences (Penal Execution Act) which came into force on 1 January 2015, provides under section 226 a declaration of consent from convicted persons before assigning them to business association for work. This section also provides that if the convicted person later withdraws their consent either in writing or verbally, the Admission and Detention Committee (ADC) shall immediately withdraw such person from work. Section 96(2) of the Penal Execution Act further requires the ADC to consult with the convicted persons before assigning them to and withdrawing or transferring them from, work. Moreover, according to section 119(a) and (k) of the Penal Execution Act, the convicted persons can exercise their right to work and free selection of employment and enterprise.