Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Belgium (Ratification: 1944)
Protocol of 2014 to the Forced Labour Convention, 1930 - Belgium (Ratification: 2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee had noted the various measures taken by the Government to combat trafficking in persons, both at the legislative level (in particular with the adoption of the Act of 10 August 2005, which amended a number of provisions with a view to combating human trafficking and the practices of abusive landlords in a more effective manner) and the institutional level (the adoption of a national action plan to combat human trafficking, the setting up of the Interdepartmental Task Force for Coordinating Action against Human Trafficking, and the establishment of specialized reception centres for victims of human trafficking). The Committee had requested the Government to continue providing information on any new measures taken to combat the trafficking in persons more effectively.

In its last report, the Government referred to the Act of 15 December 1980 respecting the access, stay, establishment and departure of foreign nationals that provides protection for victims of human trafficking, including unaccompanied minors. The Government provides statistics for the 2009–10 period on the number of persons, classified by nationality, who have been granted protective status and a residence permit. As regards the evaluation of the Circular of 26 September 2008 on the implementation of multidisciplinary cooperation in relation to the victims of human trafficking, by the Interdepartmental Task Force for Coordinating Action against Human Trafficking, the Government points out that this Circular is being evaluated to determine whether new measures of protection are necessary.

The Committee also took note of the 2010 report of the Centre for Equality of Opportunity and Action against Racism, which provides an exhaustive analysis of the policy to combat human trafficking, and puts forward a certain number of recommendations, in particular:

• – the need to centralize data on trafficking to be able to carry out strategic analyses and evaluations of the policy conducted;
• – the need to strengthen the means of those involved in inquiries and proceedings to ensure they have efficient investigative tools and that trafficking becomes a priority for follow-up action by magistrate;
• – the need to continue making labour inspectors aware of the importance of drafting detailed reports, which the labour auditor might use as a basis for initiating legal proceedings.

The Committee also notes that, in its observations of 2010, the United Nations Human Rights Committee asked the Government to amend its laws so that the issuance of residence permits to victims of trafficking in persons is not conditional upon cooperation with court authorities and to give greater assistance to these victims (CCPR/C/BEL/CO/5).

The Committee encourages the Government to continue its efforts to combat the phenomenon of trafficking in persons. It would like the Government to provide information on the measures taken to overcome the difficulties identified by the Centre for Equality of Opportunity and Action against Racism with respect to, in particular, the granting of residence permits to victims, the role of the public prosecutor and labour inspection services, and the need to dispose of reliable and full data on the problem of trafficking in persons. The Government is also asked to send a copy of the evaluation of the Circular of 26 September 2008 by the Interdepartmental Task Force for Coordinating Action against Human Trafficking, as well as information on any measures taken as a result of such evaluation.