Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Netherlands (Ratification: 1933)
Protocol of 2014 to the Forced Labour Convention, 1930 - Netherlands (Ratification: 2017)

The Committee takes note of the Government’s report as well as the observations received from the Netherlands Trade Union Confederation (FNV) in August 2015.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. The Committee notes the information provided by the Government in its report concerning the amendments adopted in 2013 to section 273f of the Criminal Code, which criminalizes human trafficking. The Committee observes that the amendment aims inter alia at increasing the applicable prison sentences. The Government also indicates that the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children has been formally instituted by law. The Committee welcomes the strengthening of the legislative framework to combat trafficking in persons, as well as the comprehensive institutional framework that has been developed over the years, and in particular:

• -the action of the National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children who regularly publishes reports which monitor the effects of the policy conducted and contain recommendations for improving measures to tackle human trafficking and sexual violence against children;
• -–he Task Force on Human Trafficking established in 2008 which is in charge of elaborating and implementing the National Action Plans against Human Trafficking. The new anti-trafficking action plan for 2011–14 places specific emphasis on an integrated approach to action against trafficking. During its third term (2014–16), the Task Force has been focusing on trafficking for labour exploitation and other forms of trafficking;
• -the training activities undertaken by the labour inspectorate (SZW), in particular in the Caribbean part of the Netherlands, and the development of further training for labour inspectors on the identification of indicators of labour exploitation; and
• -the specialization in human trafficking of public prosecutors in each Public Prosecution Service District, of police officers in all regional units, as well as of the judiciary.

The Committee encourages the Government to pursue the efforts to combat trafficking in persons, with particular emphasis being placed on the identification and protection of victims of trafficking for labour exploitation. The Committee requests the Government to provide detailed information on further steps taken in this regard. Please also provide information on the evaluation undertaken by the National Rapporteur of the impact of the measures adopted, the obstacles identified as well as the measures taken to overcome them.

2. Prosecution of perpetrators and access to justice of victims. The Committee notes the statistical information provided by the Government on the number of prosecutions and convictions for trafficking in persons for the period 2010–14. According to these figures, an average of 150 suspects appeared in Court every year. Convictions were imposed in 76 per cent of the cases in 2014, compared to 61 per cent in 2010. The average prison sentence has increased every year from 2010, from 617 days in 2010 to 804 days in 2013. In this regard, the Committee notes that, in its observations, the FNV acknowledges the increased efforts from the Government to combat trafficking for labour exploitation as a criminal phenomenon. It observes however that proceeding a case exclusively under criminal law entails the serious shortcoming that the possibility of effective remedies for the victim is very limited. The criminal prosecution of the perpetrator should be complemented by the administrative enforcement machinery of the labour inspectorate as well as by civil proceedings in which trade unions would play an active role. The FNV indicates that the assessment that public enforcement does not lead to the effective remedy that a labour law approach can achieve is supported by the National Rapporteur on Trafficking in Human Beings in its ninth report. The FNV considers that when potential victims of trafficking are identified, they should urgently obtain support in the framework of their civil proceedings in order to obtain effective remedies through compliance with labour rights. The FNV stresses in this regard that trade unions have no access to these workers in order to help them achieving effective remedies.

The Committee requests the Government to continue to provide information on the number of investigations carried out in relation to trafficking cases, the number of prosecutions initiated and the penalties imposed on perpetrators. Please indicate the measures taken to continue to strengthen the capacity of law enforcement authorities so as to ensure that penalties imposed are commensurate with the offence of trafficking. The Committee also requests the Government to provide information on the measures taken to assist victims so as to enable them to assert their rights before the competent national authorities and obtain the benefits inherent to their job (wage arrears, social protection, etc.) and compensation for the material and moral damage suffered.

Articles 1(1) and 2(1). Work imposed as a condition for receiving social benefits. The Committee notes that, in its observations, the FNV refers to the Participation Act adopted in 2015 according to which the entitlement to minimum social benefits is conditional on the acceptance and performance of unpaid work. No wages are paid since work is considered reciprocal to the financial benefit received. The municipalities are responsible for the administration and enforcement of this regulation. Refusal to perform labour activities for the benefit of the society entails the withdrawal of 100 per cent of the benefits for at least one, but up to three months. The FNV alleges that the mandatory cut of 100 per cent of the benefits constitutes an extremely strict sanction and that, in practice, abuses have been observed in the implementation of the measure with beneficiaries performing formerly regular jobs as unpaid work.

The Committee recalls that a distinction should be drawn as to whether social benefits were received as an entitlement based on previous work or contributions, or constituted an allowance granted as a purely social measure. The Committee has considered that in cases in which benefits do not constitute an entitlement based on previous work or contributions but consist of a social measure granted to persons on purely social grounds, a requirement is to perform some work in exchange for the allowance would not in itself constitute compulsory labour within the meaning of the Convention. However, under schemes where benefits are contingent upon the recipient having worked or contributed to an unemployment insurance scheme for a minimum period, the subsequent imposition of an additional requirement of having to perform work to receive these benefits would constitute compulsory labour under the menace of losing benefits to which the person was entitled. The Committee requests the Government to provide information on the conditions under which persons may be entitled to the minimum social benefits, indicating whether beneficiaries are required to have worked or to have contributed to existing social insurance schemes for a minimum period of time, as well as on the nature and duration of the compulsory labour activities imposed.