Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Iceland (Ratification: 1958)
Protocol of 2014 to the Forced Labour Convention, 1930 - Iceland (Ratification: 2017)

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The Committee welcomes the ratification by Iceland of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Implementation of the National Action Plan. The Committee notes the Government‘s indication in its report that in 2019, a new National Action Plan (NAP) to Combat Human Trafficking was adopted. The Committee notes that the NAP includes 10 actions which focus on prevention, protection, prosecution, and partnership in the field of countering trafficking in persons. The Government further refers to the establishment of a steering group to implement and monitor the actions set out in the NAP. The Committee requests the Government to provide information on the measures taken for the implementation of the various components of the NAP. It also requests information on any assessment undertaken by the steering group of the results achieved in combatting trafficking in persons and the difficulties encountered.

2. Identification and protection of victims. The Committee notes the Government’s information on the establishment in 2020 of a National Referral Mechanism to improve the identification of victims of trafficking and other forms of exploitation and to ensure their protection. The Government further indicates that as of 2020, the Bjarkarhlíð Family Justice Centre has established a specific team that coordinates action to provide victims and potential victims of trafficking with assistance services, including housing, financial aid, and social and legal counselling. Since 2020, the team of the Bjarkarhlíð Family Justice Centre identified 12 cases of trafficking in persons for the purposes of labour and sexual exploitation, all involving people of foreign origin. The Government also refers to the guidelines adopted by the Directorate of Immigration and the Directorate of Labour concerning the identification of victims of trafficking when visiting workplaces.

The Committee notes that in its 2019 report, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Iceland referred to reports of labour exploitation of migrant workers, in particular in the booming construction, tourism and catering sectors (paragraph 13). Similarly, in the 2022 concluding observations as regards trafficking in persons, the United Nations Committee against Torture (CAT) expressed concern at reports that further protection of migrant workers against exploitation is needed (CAT/C/ISL/CO/4).

The Committee encourages the Government to continue to strengthen the knowledge and cooperation between the different stakeholders to ensure a better identification of cases of trafficking for both sexual and labour exploitation, in particular among migrant workers, and requests the Government to provide information in this regard as well as on the protection and assistance provided to victims. The Committee also requests the Government to indicate the number of victims of trafficking who have been identified and those who have benefited from assistance services with an indication of the type of assistance provided (for example, accommodation, health services, residence permits, legal services, compensation).

3. Law enforcement and application of effective sanctions. The Committee notes from the Government’s report that section 227(a) (trafficking in persons) of the Penal Code has been amended by Act No. 79 of 2021 to explicitly cover trafficking in persons for the purposes of prostitution, slavery or servitude and begging as well as to include additional means of coercion, such as the abuse of a superior position against an individual. The Government points out that the 2021 amendments aim at strengthening protection of victims of trafficking and facilitating prosecution and punishment of trafficking in persons offences. The Government also refers to a number of measures taken to improve the efficiency of investigations and prosecutions of trafficking in persons, including by conducting trainings for law enforcement bodies. According to the Government, there were 17 cases of trafficking in persons registered by the police in 2020; 14 in 2021; and 16 in 2022. The Committee observes from the Government’s report that there have been no cases of convictions under section 227(a) of the Penal Code as regards trafficking in adults since 2010.

The Committee further notes that the CAT, in its 2022 concluding observations, expressed concern at the mere handful of prosecuted cases concerning the offence of trafficking compared to the number of potential cases that had been reported (CAT/C/ISL/CO/4).

The Committee requests the Government to provide information on the measures taken to ensure that all cases of trafficking in persons, for both labour and sexual exploitation, are subject to thorough investigations, so as to facilitate the prosecution and conviction of perpetrators, as provided under Article 25 of the Convention. The Committee requests the Government to continue to provide information on the number of investigations, prosecutions, convictions as well as the specific penalties applied under section 227(a) of the Penal Code.