Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Forced Labour Convention, 1930 (No. 29) - Croatia (Ratification: 1991)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National action plan. Noting that the National Action Plan to Combat Trafficking in Persons covered the period 2012-2015, the Committee requested the Government to provide information on the adoption of a new action plan. The Committee notes the Government’s indication in its report that a National Plan to Combat Trafficking in Human Beings for the period 2018-2021 has been adopted which covers areas such as: prevention, monitoring for detection, prosecution and sanctioning of offenses related to trafficking in persons, assistance and protection of victims, education, and international cooperation. The Committee also notes that the Labour Inspectorate and representatives of the judiciary are now part of the National Committee for Combating Human Trafficking and its Operational Team. The Committee encourages the Government to continue taking measures to ensure the implementation of the different areas of the National Action Plan and to provide information on any evaluation undertaken in this regard, including information on the results achieved and difficulties faced. The Committee also requests the Government to provide information on the measures taken to ensure coordination among relevant institutions in combating trafficking in persons, both for labour exploitation and sexual exploitation, as well as on the activities carried out by the National Committee for Combating Human Trafficking and its Operational Team.

2. Law enforcement. The Committee previously noted that the Criminal Code, adopted in 2011, under section 106, criminalizes trafficking in persons for both labour and sexual exploitation, and requested the Government to provide information on the prosecutions carried out and sanctions applied under this provision. The Government indicates that special attention has been paid to further strengthening cooperation in criminal proceedings relating to trafficking in persons cases between the State Attorney’s Office and the Ministry of the Interior. It notes from the information provided by the Government to the Group of Experts on Action Against Trafficking in Persons (GRETA) of the Council of Europe in 2020, that, as a result of education and training of police officers, there has been an increase in reported cases of trafficking in persons under section 106 of the Criminal Code since 2016. Accordingly, seven offences were reported in 2016; 15 in 2017; 12 in 2018 and 21 in 2019 (GRETA/Third Evaluation Report/2020, page 67). The Committee also notes that in its report the GRETA highlights that, while trafficking in persons for the purpose of sexual exploitation of women continues to be the main form of exploitation, there has been an increase in the number of victims of trafficking for labour exploitation which has concerned mostly men (GRETA/Third Evaluation Report/2020, para. 12). The Committee requests the Government to continue to strengthen the capacity of law enforcement bodies, including the labour inspection, with a view to better identify cases of trafficking both for labour and sexual exploitation. It requests the Government to provide information on the number of investigations and prosecutions carried out, as well as the specific penalties applied under section 106 of the Criminal Code. Please also indicate how many of the cases detected concern trafficking for labour exploitation and how many relate to trafficking for sexual exploitation.

3. Protection of victims. In its previous comments the Committee requested the Government to strengthen its efforts regarding the identification, protection, and assistance of victims of trafficking. The Committee notes that, during the reporting period 2017 – 2020, a total of 147 of victims of trafficking in persons were identified. The Government refers to the adoption of the Act Amending the Criminal Procedure Act (Official Gazette, No. 70/17), which introduces a new definition of victim, according to which a victim is a physical person who has suffered physical and mental consequences, property damage or significant violation of fundamental rights and freedoms that are a direct consequence of a criminal offense (direct victim). The concept of “indirect victim” has been also incorporated which covers the spouse, life partner or informal life partner and descendant, and if there are none, the ancestor, brother, and sister of the person whose death was directly caused by the crime, and the person whom he was obliged to support by law. In addition, the new section 43 of the Criminal Procedure Act provides for the victims´ right to access legal support services as well as psychological and other professional assistance, and the right to protection from intimidation and retaliation. The new legislation also provides for the obligation of authorities to conduct an individual assessment of the victim to identify their special needs. The Committee further notes that the Government has issued a new Protocol on identification, assistance, and protection of victims of trafficking in persons, a Protocol on the procedures during voluntary return of victims of human trafficking; and a new Protocol on the integration/reintegration of victims of trafficking in human beings.

The Committee welcomes these measures and requests the Government to continue to provide information in relation to the protection and assistance provided to victims under the above-mentioned protocols. Please indicate the number of victims of trafficking in persons who have received assistance and support, including legal aid, specifying those who have benefited from an individual assessment. Please also provide information on the number of victims of trafficking in persons who have benefited from assistance for voluntary return and reintegration, indicating the difficulties encountered in that respect.