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

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

The Committee takes note of the Government’s report, as well as of the observations of the National Labour Council (CNT), received on 7 October 2014, concerning the reports submitted by the Belgian Government on the application of the ratified Conventions. The Committee notes that the CNT endorses the information provided by the Government in its reports and refers to the specific problems faced by domestic workers which led it to elaborate a series of proposals presented to the Ministry of Employment.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the various measures taken by the Government to combat trafficking in persons, both at the legislative and institutional levels. The Committee notes that, in its latest report, the Government provided comprehensive information on the strengthening of the legislative and institutional framework against trafficking in persons. The Committee observes that the Government takes into consideration the experience acquired by the different stakeholders in combating trafficking in persons, and relies on the annual reports of the Centre for Equal Opportunities and the Fight against Racism, which plays the role of an independent national rapporteur since 1995. These reports present an objective critique of the evolution of trafficking in persons in Belgium. In particular, the Committee takes note of:

• -the strengthening of the legislative framework, following the adoption of the Law of 29 July 2013 which clarifies and extends the definition of trafficking of human beings, under section 433quinquies of the Penal Code, by adding the act of exercising control over a person among the constitutive behaviours of trafficking and by extending and specifying the purposes of exploitation, including with respect to labour exploitation;
• -the role of the Interdepartmental Unit for the Coordination of the Fight against the Trafficking and Smuggling of Human Beings and of its Office, which coordinated the different stakeholder initiatives against trafficking and elaborated the second plan of action that covers the period 2012–14. In this regard, the Government indicates that this plan underlines the necessity of strengthening awareness-raising measures and provides information on the measures taken to this effect. It also provides information on the cooperation between the law enforcement services and judges, on the role of the list of indicators to identify the victims and its updating, and on the procedure for the protection of victims, in particular with regard to the three phases of the victim’s status (during which victims may benefit from different residence and work permits);
• -the recognition, by Royal Decree of 18 April 2013, of three specialized centres that provide accommodation, support, psychological and medical help, and legal assistance, to the victims. This Decree allows these centres to institute legal proceedings as third parties;
• -the work developed by the Information and Research Service on the fight against trafficking and undeclared work.

The Committee notes that all of this information indicates the continued commitment of the Government to combat the complex phenomenon of trafficking in persons. The Committee encourages the Government to pursue its efforts and requests it to continue providing information on the measures taken to:

• -prevent trafficking in persons, either for sexual or labour exploitation, and in particular to raise awareness among the authorities regarding the new provisions of section 433quinquies of the Penal Code;
• -strengthen the protection of victims, including by ensuring that they are not prosecuted for offences that they have been forced to commit, as advocated by the Centre for Equal Opportunities and the Fight against Racism in its last report;
• -ensure that perpetrators of this offence are subject to effective and dissuasive penalties, in conformity with Article 25 of the Convention. In this regard, the Committee requests the Government to indicate if the competence of the labour inspection has been extended to the identification and ascertainment of the penal offence of trafficking. It also requests the Government to continue providing statistics on the legal procedures initiated and the penalties applied. Finally, the Committee requests the Government to provide information on the evaluation that will be undertaken regarding the implementation of the second plan of action which covers the period 2012–14.