Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Ukraine (Ratification: 1956)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and measures to combat trafficking in persons. In response to its previous comments, the Committee notes that the Government refers, in its report, to the 2016–2020 National Action Plan on combating trafficking in human beings and has communicated a copy of the 2018 implementation report on this Plan. It welcomes the detailed information therein on the activities taken to combat trafficking in persons, including multiple educational and awareness-raising activities, and the training of law enforcement officers, including prosecutors and judges.

The Committee also notes the 2018 report of the Group of Experts on Action against Trafficking in Human Beings (GRETA) concerning the implementation by Ukraine of the Council of Europe Convention on Action against Trafficking in Human Beings. The report notes a number of positive developments, such as the establishment of specialized police units and prosecutors, and a marked increase in the number of investigations into trafficking in persons between 2016 and 2017 (from 115 to 347). GRETA also emphasizes the importance of taking additional measures, such as ensuring that investigations into the offence of trafficking in persons also lead to convictions, and that sentences are proportionate to the gravity of the offence. In this respect, the Committee notes from the information in the 2018 implementation report and the reference in that report to the website of the State Judicial Administration, that in 2018 the police investigated 291 cases of trafficking in persons pursuant to section 149 of the Criminal Code on trafficking in human beings, 185 of which were referred to public prosecution, of which 168 were submitted to the courts, which resulted in 15 convictions, and five prison sentences. The Committee notes with concern the low number of convictions regarding trafficking in persons, despite the significant number of cases brought to justice. In this regard, the Committee recalls that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be adequate and strictly enforced. The Committee therefore strongly urges the Government to take the necessary measures to ensure strict application of the national legislation, so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced against perpetrators. The Committee further requests the Government to continue providing information on measures taken in this regard, including training and capacity building of law enforcement authorities, as well as on the results achieved. It also requests the Government to continue providing information on the number of prosecutions, convictions and specific penalties applied pursuant to section 149 of the Criminal Code.

2. Protection and assistance for victims. In its previous comment, the Committee welcomed the measures taken by the Government to identify and provide protection and assistance to the victims of trafficking in persons and requested the Government to continue to provide information on measures taken in this regard.

Concerning the identification of victims of trafficking in persons, the Committee notes, from the 2018 implementation report and the 2018 GRETA report, the information on the training provided to relevant actors and an upward trend in the number of victims identified by the Ministry of Social Policy (27 victims identified in 2014, 83 in 2015, 110 in 2016, 198 in 2017, and 221 in 2018). However, the Committee also notes from the 2018 GRETA report that statistical data on trafficking in persons remains largely unconsolidated, as different actors (law enforcement agencies, Ministry of Social Policy, International Organization for Migration (IOM), NGOs and social service providers) have their own statistics on the number of victims of trafficking in persons. The GRETA report also recommends the recruitment and training of a sufficient number of labour inspectors on trafficking in persons for the purpose of labour exploitation.

Concerning the provision of assistance and support for victims of human trafficking, the Committee notes that, according to the 2018 implementation report, such victims were provided with financial assistance and services, such as consultations on employment, legal aid, medical examinations and psychological assistance in two of the 27 regions. The Committee also notes the recommendations made by GRETA to ensure adequate funding and staff to work with victims of trafficking in persons, and to provide a sufficient number of places for all victims who need safe accommodation. Noting the information in the 2018 report on the implementation of the 2016–2020 National Action Plan on combating trafficking in human beings, the Committee requests the Government to provide detailed information on the protection and assistance provided to victims of trafficking in persons. In this regard, it requests the Government to continue to provide information on the number of victims identified, the types of assistance and services provided to them and the number of those who have benefited from such assistance and services. It also requested the Government to provide information on any progress made regarding measures taken, such as training of labour inspectors, use of indicators and tools, and cooperation between the relevant actors, to improve the identification of victims of trafficking.

3. Vulnerability of displaced people to trafficking in persons. In its previous comment, the Committee noted the indication in the 2015 report of the United Nations Special Rapporteur on the human rights of internally displaced persons that the number of internally displaced persons had dramatically increased since early June 2014 (A/HRC/29/34/Add.3, para. 7). The Committee also noted that according to the Situation Analysis of June 2016 on human trafficking in Ukraine, the IOM reported that internally displaced people were targeted by unscrupulous intermediaries who offered brokerage services for emigration and receiving refugee status abroad.

In this respect, the Committee notes that the 2016–2020 National Action Plan on combating trafficking in human beings provides for a number of preventive activities, particularly on the risks for internally displaced persons of becoming victims of trafficking, and that a proposal has been made to develop a guide with indicators for the identification of victims of trafficking, including internally displaced persons. The Committee also notes from the 2018 implementation report that some awareness-raising activities were undertaken, aimed at or with the participation of internally displaced persons. The Committee notes from the 2018 GRETA report that GRETA remains concerned by the negative consequences of the large number of internally displaced persons, who have been identified as being vulnerable to trafficking in persons, on the fight against human trafficking. The Committee requests the Government to continue to take measures to ensure that internally displaced persons, placed in a vulnerable situation, do not become victims of trafficking in persons.

The Committee is raising other matters in a request addressed directly to the Government.