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

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The Committee notes that the first report of the Government on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee hopes that the Government will provide the first detailed report on the Protocol along with its next report on the Convention due in 2024.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and sanctions applied. In its previous comments, the Committee requested the Government to provide information on the enforcement of the sections of the Criminal Code that criminalize trafficking, aggravated trafficking and extortionate work discrimination (Chapters 25 and 47 of the Criminal Code).

The Committee notes from the Government’s report that, between 2017 and 2020, the police carried out 127 investigations, among which there were 44 related to trafficking, 27 to aggravated trafficking, and 56 to extortionate discrimination at work; for its part, the Finnish Border Guard carried out three investigations, one each relating to trafficking, aggravated trafficking, and extortionate discrimination at work. The Government also indicates that a national police network of experts, established in 2020, and a national investigation team focusing on the detection and investigation of human trafficking crimes, established in early 2021, work closely together in the fight against human trafficking. In addition, the Government indicates that between 2015 and 2019, there were 20 convictions in cases of trafficking and aggravated trafficking in human beings; 14 convictions in cases of extortionate work discrimination; 12 convictions in cases of abuse of a victim of sexual trade; and 30 convictions in cases of pandering and aggravated pandering. The Committee requests the Government to continue to provide information on the number of investigations – including those led by the national investigation team – prosecutions and convictions applied for trafficking in persons cases, specifying the penalties imposed on perpetrators.

2. Victim protection. The Committee previously took note of the provisions of the Aliens Act (301/2004) on temporary residence permits for victims of trafficking, as well as the legislative amendment (388/2015) to the Act on the Reception of Persons Seeking International Protection (746/2011), aimed at affirming by law the duties of the national assistance system for victims of human trafficking.

The Committee takes note of the statistics provided by the Government regarding the number of victims of trafficking that were admitted to the system of assistance from 2017 to 31 May 2021. In that timeframe, 844 victims were admitted to the assistance system, among which 291 were victims of labour exploitation. The Government indicates that victims are entitled to: (i) counselling and guidance; (ii) safe accommodation; (iii) allowance/income support; (iv) social services; (v) health care services; (vi) interpretation and translation; (vii) legal aid and advice; and (viii) support for safe return. The Government also indicates that the Ministry of Social Affairs and Health has set up a working group to draw up a new act to assist victims of trafficking. The aim of the reform is to improve the status, rights and equality of victims of human trafficking. Furthermore, residence permit practices concerning victims of human trafficking are being reviewed, as a result of a Parliament request that the Government find out whether legislative amendments were needed, in particular in relation to the grounds for issuance of residence permits to trafficking victims. The Committee welcomes the Government’s continued efforts to ensure adequate and effective protection to victims of trafficking and requests the Government to pursue its efforts and provide information in this regard. It also requests the Government to provide information on the progress made on the adoption of the new act to assist victims of trafficking, as well as on the review of the legislative provisions on residence permits for victims of trafficking.

3. National Action Plan. The Committee notes the Government’s indication on the adoption of a new Action Plan against Trafficking in Human Beings for the period 2021–2023. The Action Plan is based on five strategic objectives and 55 actions. The five strategic objectives relate to: (i) the identification of victims; (ii) the provision of support and assistance to victims; (iii) the establishment of criminal liability in human trafficking offences; (iv) the reinforcement of collaboration between national authorities and ministries and various civil society actors; and (v) the development of anti-trafficking action based on data. The Committee observes that the Government established an inter-sectoral working group to prepare the action plan with a view to gaining a comprehensive picture of the challenges of anti-trafficking and to accumulate perspectives for its development. A working group has also been established to monitor and report on the implementation of the Action Plan 2021-2023. The Committee takes due note of the coordinated action that led to the adoption of the new Action Plan against Trafficking in Human Beings 2021-2023 and requests the Government to provide information on the activities undertaken for the implementation of the five strategic objectives of the Action Plan, as well as on the assessment of its implementation by the working group in charge of its monitoring.

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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.

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Article 2(2)(c) of the Convention. 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 Committee notes the Government’s indication 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. According to the Government, community service may not be carried out in a commercial enterprise or for the benefit of private persons. The Committee notes further the information provided by the Government with regard to a project to amend the legislation on community service that is currently under way. The proposal seeks to adopt a uniform act encompassing all types of sanctions of community service. According to the Government, the amended legislation would also provide for a “stricter” type of community service aimed specifically at young people sanctioned for crimes committed before the age of 21. The Committee hopes that, in the context of the current law review process, its previous comments concerning community service will be duly taken into account, and that the Government will keep the Office informed of the developments in this area. The Committee requests the Government to supply, where appropriate, a copy of the new texts.

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Article 2(2)(c) of the Convention. Community service imposed as an alternative measure to imprisonment. The Committee notes the information provided by the Government in its last report concerning Act 642/2010 which amends provisions of the Act on Community Service (1055/1996). It notes in this connection that, for the 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 300 hours. Such work should be performed by the convicted person free of charge and “for the public good”. While noting the indication in the report that community service should be performed at a service place approved by the Criminal Sanctions Agency, the Committee refers to the explanations contained in paragraph 126 of its 2007 General Survey on the eradication of forced labour, where it has considered that, in order to ensure compliance with the Convention in a situation where community work may be performed for private institutions, circumstances in which the work is performed must be adequately structured and monitored to ensure that the work done really is in the general interest, and the entity for which the work is performed must be non-profit-making. The Committee therefore requests the Government to indicate, in its next report, whether community service can be performed for private institutions and to provide a list of the entities authorized to take on offenders performing such services.