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

Forced Labour Convention, 1930 (No. 29) - Switzerland (Ratification: 1940)
Protocol of 2014 to the Forced Labour Convention, 1930 - Switzerland (Ratification: 2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of the National Plan of Action against Trafficking in Human Beings (2012–14), which includes four strategic objectives, namely: prevention; reinforcing the prosecution of perpetrators; improving victim identification and protection; and international cooperation. The Committee noted the awareness-raising activities conducted under the auspices of the Coordination Unit against Trafficking in Persons and Smuggling of Migrants (SCOTT) and the action taken by the “trafficking in human beings and smuggling of migrants” commissariat, which continues to coordinate and support judicial procedures at the national and international levels. The Committee further noted that Switzerland is still mainly affected by trafficking in persons for sexual exploitation and that there are few prosecutions for cases of trafficking in persons for labour exploitation. The Committee requested the Government to: continue providing information on the activities carried out to implement the National Plan of Action against Trafficking in Human Beings to improve the identification of victims and the conviction of those responsible to really effective penalties; indicate the specific measures taken to improve the detection and handling of cases of trafficking in persons for labour exploitation; and evaluate the impact of the measures taken in the context of the National Plan of Action.

The Committee notes in the Government’s report that, of the 23 measures provided for in the National Plan of Action, 17 measures have been implemented, one has been redefined (the awareness-raising campaign to combat human trafficking), three are being carried out (on criminal proceedings, on asylum and the protection of victims and on unaccompanied minors who are victims of human trafficking) and two have been pushed back to the next national plan of action (on labour exploitation and on the national programme for victim protection). The Committee notes that SCOTT is preparing a new national plan of action that should be adopted by the end of 2016. The Committee notes that the Federal Office of Police (FEDPOL) has mandated the Swiss Forum for Migration and Population Studies of the University of Neuchâtel to conduct a scoping study on the subject, the three main objectives of which are to characterize the phenomenon in the Swiss context, identify the economic sectors that represent a risk and construct a profile of perpetrators and victims. This study, made public on 6 April 2016, confirms the existence of the exploitation of workers in sectors such as domestic work, hotels, catering, construction and agriculture. The Committee notes the statistics on the rulings issued, which were included in the Government’s report, and that in 2014 and 2015, 46 and 58 violations were recorded respectively under section 182 of the Penal Code.

The Committee also notes the report published on 14 October 2015 by the Group of Experts on Action against Trafficking in Human Beings (GRETA (2015)18) concerning the implementation by Switzerland of the Council of Europe Convention on Action against Trafficking in Human Beings. While welcoming the measures taken by the Swiss authorities to combat trafficking, through the adoption of legislative provisions, the creation of a coordinating body at the national level involving non-governmental organizations (NGOs), and international cooperation with the countries of origin, the Committee notes that GRETA emphasizes the need to improve the identification of victims and the assistance measures provided. The Committee also notes that GRETA encourages the Government to step up the fight against trafficking for the purpose of forced labour and the proactive detection of potential victims, notably by strengthening cooperation between the labour inspectorate and trade unions to combat trafficking. The Committee welcomes the measures taken by the Government and encourages it to continue its efforts to ensure that all victims of trafficking for both sexual exploitation and labour are protected and able to have access to justice, particularly by strengthening cooperation between the labour inspectorate and trade unions. The Committee requests the Government to continue providing information on the measures of the National Plan of Action against Trafficking in Human Beings (2012–14) which have not been implemented yet. Please also provide information on the implementation of the new national plan of action, the adoption of which is envisaged by the end of 2016. Lastly, the Committee requests the Government to continue providing statistical data on the number of victims identified, prosecutions, convictions and the penalties imposed.

Article 2(b). Obligation to agree to serve as a guardian (curateur). In its previous comments, the Committee noted the observations of the Swiss Federation of Trade Unions (USS), indicating that the obligation for citizens to agree to serve as guardians (curateurs), established in section 400 of the Civil Code, is contrary to the Convention. According to the USS, Vaud is the only canton to strictly enforce this provision. The Committee noted the government’s indication that the legal affairs’ committees of both chambers of parliament have decided to give effect to parliamentary initiative No. 12.413 aimed at amending section 400 of the Civil Code. The Committee requested the Government to provide information on any action taken as a result of parliamentary initiative No. 12.413 that would make guardianship voluntary and to supply information on the impact of the decision of the Council of State of the Canton de Vaud on the manner in which guardians are appointed.

The Committee notes with interest the Government’s indication that, at the cantonal level, further to parliamentary initiative No. 12.413, the government of the Canton de Vaud decided in July 2014 to bring an end to compulsory appointments as guardians. Furthermore in July 2014 the Council of State launched a draft reform of guardianship in Vaud in anticipation of the end of compulsory appointments. It also notes that, at the federal level, the Federal Council bill drafted in response to the parliamentary initiative has been opened for consultation, and that the parliamentary committee should be informed of the results of this consultation by the end of 2016. The Committee notes that working groups have been established to develop specific proposals in 2016, such as strengthening assistance for private guardians, the recruitment of voluntary guardians and the promotion of advance directives (enabling citizens to appoint a trusted person prior to any loss of decision-making capacity). The Committee notes that the Government envisages implementing the recruitment of private and voluntary guardians in 2017 through a communication campaign, scheduled for the second half of 2017. The Committee also notes the Government’s indication that, since the Council of State decided in July 2014 to gradually phase out the legal obligation to accept guardianship appointments, guardians are no longer appointed against their will. The Committee notes in this context that the Federal Court has ruled on two decisions for the appointment of guardians in the Canton de Vaud, and in both cases exempted the complainants from their obligation to accept the appointments. The Committee welcomes the reform of guardianship in the Canton de Vaud and requests the Government to provide information in its next report on the implementation of the reform bringing an end to the legal obligation to accept appointments as guardians. It also requests the Government to provide information on the recruitment of private and voluntary guardians as from 2017, including on the number of guardians appointed.