Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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. 1. Legislative and institutional framework. The Committee notes the detailed information provided by the Government in its report on the reinforcement of the legislative and institutional framework to combat trafficking in persons. It notes in particular the legislative amendments to section 433 ter–433 novies of the Penal Code relating to trafficking in persons, which: (i) add aggravating circumstances for trafficking, such as the direct or indirect use of deceit, violence, threats or any other form of coercion; (ii) provide for special confiscation of property of enterprises in the event of economic exploitation further to the trafficking of persons; and (iii) strengthen the protection of the privacy of victims in the event of sexual exploitation. The Committee also notes that the Interdepartmental Task Force for the Coordination of Action against Human Trafficking (placed under the authority of the Minister of Justice) is the main entity coordinating action against trafficking in persons. Its composition and operating procedures were modified by a Royal Order of 21 July 2014 incorporating into its structure three specialist reception centres for trafficking victims run by non-governmental organizations (NGOs).

The Committee also notes the Anti-Trafficking Action Plan (2015–19), which comprises seven priority areas, including improving protection for trafficking victims’ long-term training for professionals dealing with trafficking issues and awareness raising for personnel on the ground, civil society actors and the general public regarding different aspects of human trafficking. The action plan also updates the list of indicators for trafficking in persons and includes a section relating to minors. The Committee encourages the Government to continue its efforts to combat trafficking in persons and requests it to provide information on the implementation of the Anti-Trafficking Action Plan (2015–19) and the results achieved.

2. Protection of victims. The Committee notes the Government’s indication that the circular on criminal law policy of the College of General Prosecutors and competent ministers (Col 01/2015) explicitly establishes the principle of not penalizing victims of trafficking for offences resulting from their being exploited. The Committee also notes that the Anti-Trafficking Action Plan (2015–19) contains measures to improve support for trafficking victims, including those who are not involved in the protection procedure, and to ensure respect for their rights in terms of recovering outstanding wages. With respect to the latter, an information leaflet is being prepared regarding the procedures to follow so that potential victims of labour exploitation can easily recover their wages. Moreover, the Committee notes that assistance given to victims includes the provision of accommodation, legal aid and medical treatment. These services are provided by the reception centres which are officially recognized by the Royal Decree of 18 April 2013 concerning the recognition of specialized centres catering for victims of trafficking, certain aggravated forms of trafficking and authorization for such centres to initiate legal proceedings. The Committee requests the Government to continue providing information on the steps taken to ensure better identification and protection of victims and also assistance and compensation, as provided for by the legislation, indicating the number of victims who have received assistance, particularly those who have received compensation for harm suffered or who have asserted their rights vis-à-vis the competent authorities and obtained the payment of outstanding wages.

3. Reinforcement of bodies responsible for law enforcement and prosecution. The Committee notes the Government’s indication that numerous training courses have been organized by the various departments and partners involved in action against human trafficking. Since the adoption of the Anti-Trafficking Action Plan (2015–19), training days for judges, criminal investigation police officers and the social inspection services have been held in both the French-speaking and Dutch-speaking areas of the country, and measures to facilitate the identification of trafficking victims have been taken, such as the distribution of leaflets describing indicators for human trafficking and the provision of information on the website of the Interdepartmental Task Force.

The Committee also notes the statistics provided by the Government relating to trafficking offences reported during the 2014–16 period. The Committee observes that in 2016 the statistics provided by the Department for Minors and Victims of Human Trafficking showed that most victims were trafficked for economic exploitation (48 men and 13 women), and a total of 48 women were subjected to sexual exploitation, which was the second most common form of exploitation.

Furthermore, the Committee notes the detailed information provided by the Government on the application in practice of the relevant provisions of the Penal Code prohibiting trafficking in persons. For example, in a case involving the cleaning sector for which the Brussels Court of First Instance issued a ruling on 25 May 2016, a number of individuals who were irregularly resident had been exploited by cleaning companies in performing subcontracted night work in a number of branches of a fast-food chain. After several years of investigation by the social inspection services, the company was prosecuted for being an accomplice to the offences and its director was sentenced to three years’ imprisonment plus a fine of €165,000. The Committee requests the Government to continue providing information on prosecutions, convictions and penalties based on the provisions of the Penal Code criminalizing trafficking in persons for both labour and sexual exploitation, and also on measures to reinforce the capacities of law enforcement bodies.