CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Finland (RATIFICATION: 1936)
Protocol of 2014 to the Forced Labour Convention, 1930 - Finland (RATIFICATION: 2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Penalties and law enforcement. The Committee notes the Government’s information in its report that slavery and forced or compulsory labour are criminalized as trafficking under Chapter 25 of the Criminal Code and are punishable by from four months to six years of imprisonment. Sanctions for aggravated trafficking can be up to ten years’ imprisonment. The Government indicates that extortionate work discrimination, of which elements may be similar to those of trafficking in persons, is criminalized under Chapter 47 of the Criminal Code and punishable by a fine or imprisonment of up to two years. The Committee also notes that a few dozen trafficking offences have been reported to the police and the Border Guard in recent years. Moreover, district courts have issued six convictions of trafficking in persons in 2012 and three convictions in 2013, while the number of suspects convicted of aggravated trafficking was one each in 2011 and 2013. The Committee requests the Government to continue providing information on the enforcement of the related provisions under the Criminal Code, including the number of investigations, prosecutions and convictions, as well as the penalties imposed.

2. Victim protection. The Committee notes the Government’s information that, pursuant to the Aliens ACT (301/2004), a temporary residence permit is issued to a victim of trafficking if he/she is prepared to cooperate with the authorities in apprehending the suspects under section 52(a)(1), while a temporary residence permit is issued to a victim of trafficking in a particularly vulnerable position without a requirement of cooperation with the authorities. The Committee also notes the Annual Report 2015 of the Non-Discrimination Ombudsman that a legislative amendment (388/2015) to the Act on the Reception of Persons Seeking International Protection (746/2011) concerning the identification of and assistance for victims of trafficking has entered into force on 1 July 2015, aimed at affirming by law the duties of the national assistance system for victims of human trafficking. The amendment of the Criminal Code concerning trafficking also entered into force on 1 January 2015 (Act on the amendment of the Criminal Code 1177/2014), with a purpose to clarify penal provisions concerning trafficking in persons and to affirm the status of victims of pandering in the criminal process. According to the 2016 Global Report on Trafficking in Persons of the United Nations Office on Drugs and Crime (UNODC), the number of victims of trafficking identified was 56 in 2013, 46 in 2016 and 44 in the first half of 2017. The Committee requests the Government to continue providing information on the application of the laws regarding the protection of victims in practice, including the number of victims identified, the types of services provided to them and the number of those who have received such services.

3. National Action Plan. The Committee notes the Government’s information that the National Action Plan (NAP) against Human Trafficking 2016–17 has been adopted, which includes provisions to create a national referral mechanism for victim identification and assistance, as well as nine specific areas of focus spanning efforts for prosecution, protection, prevention and partnerships. The Committee requests the Government to provide information on the implementation of the NAP 2016–17 and to indicate whether the NAP will be renewed upon its expiration in 2017.

Article 2(2)(c). Community service imposed as an alternative measure to imprisonment. The Committee previously noted that, for offences punishable with unconditional imprisonment not exceeding eight months, an alternative sentence of community work may be imposed by a court, with the free, formal and informed consent of the convicted person and for a term of up to 200 hours. Such work should be performed by the convicted person free of charge and “for the public good”. The Government indicated that, pursuant to section 8 of Decree No. 4 of 2011 on community service, such services may be organized by a government unit, an association under public law, or a non-profit community or foundation. Community service may also be organized by a profit-seeking community or foundation that carries out services for the Government under public supervision, but may not be carried out in a commercial enterprise or for the benefit of private persons. The Committee noted further the information provided by the Government with regard to a project to amend the legislation on community service.

The Committee notes the Government’s information that the Act on Enforcement of Community-Based Sanctions was adopted on 1 May 2015, which applies to four types of community-based sanctions imposed by a court, including community service, monitoring sentence, supervision to reinforce conditional imprisonment and juvenile penalty. Community service may comprise a minimum of 14 hours and a maximum of 240 hours. For an offence committed while under the age of 21, community service may include particular assignments and programmes for enhancing social functioning, related support and guidance, designed for young persons. The Government indicates that no other amendments have been made to the provisions on community service.