Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - France (Ratification: 1937)
Protocol of 2014 to the Forced Labour Convention, 1930 - France (Ratification: 2016)

Articles 1(1), 2(1) and 25 of the Convention. 1. Strengthening of the legislative framework to combat all forms of forced labour, and effective enforcement. The Committee notes the adoption of Act No. 2013-711 of 5 August 2013. This Act incorporates the crimes of “slavery” and “exploitation of enslaved persons” into the Criminal Code (sections 224-1A and 224-1C). The Committee also notes that the Act supplements section 225-14 of the Criminal Code, which criminalized the act of subjecting a vulnerable person to working conditions that are incompatible with human dignity (now section 225-14-1), by including two new offences: “forced labour” and “servitude” (sections 225-14-2 and 225-14-3, respectively). The Act also supplements section 225-4-1 of the Criminal Code, which already criminalized trafficking in persons, by including new forms of exploitation to which victims of trafficking may be subjected and by defining in greater detail the methods used by perpetrators to subject an individual to trafficking. Moreover, with regard to all these offences, the Act authorizes anti-trafficking and anti-slavery associations that have been registered for five years at the time of the events, to exercise, with the consent of the victim, the rights granted to the plaintiff. The Committee notes with interest this legislative progress, which should enable the relevant authorities not only to categorize the acts more easily and therefore initiate the appropriate legal proceedings, but also to better identify the victims of these practices and provide them with suitable and timely protection. For this purpose, the Committee hopes that the Government will continue to take measures to raise the awareness and increase the capacity of law enforcement officers, officials of the Public Prosecutor’s Office and judges, regarding the use of the new tools provided for by the Act, and to strengthen the resources available to them. Noting the Government’s indication that it plans to authorize labour inspectors to issue reports on illegal situations involving “trafficking in persons, forced labour, slavery and practices similar to slavery”, the Committee requests the Government to provide information on this subject and to indicate how cooperation is ensured between the labour inspectorate, law enforcement services and the Office of the Public Prosecutor. The Committee also requests the Government to continue providing statistics on the legal proceedings initiated on the basis of all of these offences, the number of convictions handed down and on the nature of the penalties imposed.

2. Trafficking in persons. With regard to the specific measures taken to combat trafficking in persons, the Government indicates that an inter-ministerial mission (Miprof) was set up in January 2013, which is responsible for the national coordination of measures to combat trafficking in persons. The first National Plan of Action to Combat Trafficking in Persons has been adopted and covers the period 2014–16. The Plan identifies 23 measures focusing on three priorities for action: victim identification and support; prosecution and dismantling of trafficking networks; and promotion of a comprehensive public policy. The Committee hopes that the Government will take all the necessary measures to implement the three priorities for action of the National Plan of Action to Combat Trafficking in Persons. Please provide information on the evaluation of the policy on combatting trafficking that is to be undertaken by the National Advisory Committee on Human Rights, and particularly on the results achieved, the obstacles identified and the measures taken to overcome them.

3. Protection of victims. The Committee previously requested the Government to indicate the measures taken to strengthen protection for victims of forced labour, whether or not they are lawfully resident on the national territory, so that they can assert their rights effectively. In its report, the Government provides information on the measures to protect victims of offences, as well as the specific measures applicable to trafficking victims, and particularly the protection provided during the investigation and the legal proceedings, the issue of temporary residence permits, and accommodation centres. The Government also indicates that in the case of underground work, which is the case for a large number of victims of forced labour, the victim is entitled to a lump-sum compensation equal to at least six months’ wages if their employment relationship is terminated. While duly noting this information, the Committee observes that the National Plan of Action to Combat Trafficking in Persons recognizes that victims do not receive adequate protection and do not assert their rights, and that the assistance to victims needs to be better organized. The Committee requests the Government to continue taking measures to provide victims, throughout the national territory, with better protection and short- and medium-term assistance to prevent them from becoming victims once again. The Committee requests the Government to ensure that these measures are granted to all victims of the above offences, whether or not they cooperate with the authorities.

Article 2(2)(c). Prison work for private enterprises. The Committee previously noted that prisoners may work for private enterprises, either on general service work for jointly managed prisons and on work related to the operation of these establishments, or on productive work for private enterprises hiring labour from the prison administration, or in jointly managed establishments. The Committee emphasized, in this respect that, in order to be compatible with the Convention, work for private enterprises has to be performed under conditions that approximate to those of a free employment relationship, namely with the free and informed consent of the prisoner and accompanied by a number of guarantees. The Committee previously noted in this respect that the obligation to carry out at least one of the types of work offered by the head of the establishment and the director of the Prison Probation and Reintegration Service, pursuant to section 27 of the Prisons Act of 2009, did not seem to interfere with the voluntary nature of prison work, as set out in section D99(1) of the Code of Criminal Procedure. The Committee notes in this respect the Government’s indication that Decree No. 2010-1635 of 23 December 2010 issued under the Prisons Act and amending the Code of Criminal Procedure specified the elements that have to be included in the work agreement, which has to be signed by the prisoner and the prison director prior to the start of the work. The Decree refers particularly to the job description, working conditions, working hours and remuneration, and indicates the hourly rate and the associated social security contributions and, where appropriate, the specific risks related to the job.

With regard to the remuneration of prisoners, section 32 of the Prisons Act provides that wages may not be lower than the hourly rate fixed by decree and indexed upon the minimum wage. The Committee notes the Government’s indication that Decree No. 2010-1635 fixed this remuneration at 45 per cent of the minimum wage for production work. The remuneration varies between 33 and 20 per cent for general work. With regard to jointly managed prisons, the Government indicates that, due to the unfavourable economic environment, they have not been able to meet their contractual objectives in terms of the number of working hours offered to prisoners, and have had to pay penalties. The Committee notes all of this information and hopes that the Government will continue to ensure that the working conditions of prisoners hired by private enterprises or jointly managed prisons approximate those of free workers, and that it will provide information in this respect in future reports. Please indicate in particular the measures taken to bring the level of remuneration of prisoners closer to the national minimum wage, particularly when they are assigned to general service work for jointly managed prisons.