Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Noruega (Ratificación : 1932)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Noruega (Ratificación : 2015)

The Committee notes the Government’s first report on the Protocol (P029) of 2014 to the Forced Labour Convention, 1930 (No. 29).

Articles 1(1), 2(1) and 25 of the Convention and Article 1(3) of the Protocol. Effective implementation of the legal framework and application of sanctions. The Committee notes the Government’s indication in its report that sections 257 and 258 of the Penal Code of 2005 (entered into force in 2015) criminalize trafficking in persons for the purpose of forced labour and sex exploitation and prescribe penalties of up to six years’ imprisonment for offences involving adult victims and up to ten years’ imprisonment for those involving child victims. Section 224 also provides that any person who by force, threats, misuse of another person’s vulnerability, or other improper conduct exploits another person for the purpose of forced labour, shall be liable to imprisonment for a term of five years.

The Committee also notes that since 2014, the Constitution in its article 93(3) has prohibited slavery and forced labour. The Committee further notes the Supreme Court decision annexed to the Government’s report of June 2017, in which the Supreme Court has considered international sources, in particular the definition of forced labour under Convention No. 29 as well as the 2014 Protocol. The Committee also observes that the case involved three seasonal workers recruited from India to work in garden centres who found themselves working in an exploitative environment amounting to forced labour. The Supreme Court indicated in its analysis that although the Indian seasonal workers entered into voluntary agreements regarding employment in Norway, they were exploited for forced labour. In this regard, the Supreme Court referred to a series of forced labour indicators, including: the poor working conditions, the isolation, and the lack of basic knowledge of the local language. Furthermore, the Supreme Court pointed out that several factors stopped these workers from breaking their employment relationship, such as the confiscation of their passports and the withholding of their return tickets by their employers. Added to that, there was the fear of losing their entire salary. The Supreme Court concluded that these coercive elements placed the workers in a vulnerable situation that they could not escape from. The employers in this case were sentenced to imprisonment. The Committee requests the Government to continue to provide information on the application in practice of sections 257 and 258 of the Penal Code criminalizing trafficking in persons, including the number of convictions and penalties applied.

Article 1(1) of the Convention and Articles 1(1) and (2) of the Protocol. Institutional framework. The Committee notes the adoption in 2016 of the Plan of Action against Human Trafficking. This Plan is divided into five chapters as follows: (i) strengthened and targeted action against trafficking in persons; (ii) coordinated and effective measures to protect and promote victims’ rights; (iii) improved police organization and efforts; (iv) increased knowledge on how to detect and prevent trafficking; and (v) and strengthened international cooperation against trafficking.

The Government also indicates that a Strategy to combat work-related crime was adopted in 2017. Work-related crime is complex and comprises many types of violations, including activities that breach laws concerning pay and working conditions, social security and taxation. According to the Government, the most serious crime related to working life is trafficking leading to forced labour. The predominant form of work-related crime in Norway is however undeclared work and breach of certain provisions of the Working Environment Act. The Committee further notes that an Inter-ministerial Working Group against Human Trafficking and a National Coordinating Unit for Victims of Trafficking (KOM) were established in 2011. The Committee requests the Government to provide information on: (i) the measures taken to implement the 2016 Plan of Action against Human Trafficking; (ii) the activities undertaken by the National Coordinating Unit for Victims of Trafficking to ensure that systematic and coordinated action is undertaken by the competent authorities to combat trafficking in persons; and (iii) the measures implemented by the KOM and the challenges faced in carrying out its activities. Furthermore, the Committee requests the Government to indicate the measures taken within the implementation of the Strategy to combat work-related crime to combat forced labour.

Article 2 of the Protocol. Measures to prevent forced labour. Migrant workers. The Committee notes the Government’s indication that a certain number of service centres for foreign workers have been established in five locations. At these centres, the Norwegian Labour Inspection Authority, the police, the Norwegian Tax Administration and the Norwegian Directorate of Immigration (UDI) cooperate on providing good guidance and quick application processing for foreign workers. The Committee also notes that under the Employment Services Act (section 26) it is prohibited to charge job seekers for placement services. The Government also indicates that the Norwegian Labour and Welfare Administration (NAV) has a range of services (free of charge) available that can be used to assist people searching for a job, including: (i) the provision of an overview of available jobs; and (ii) a database for jobseekers as well as information and guidance for persons needing help to come into contact with employers. According to the Government, forced labour is the most serious form of work-related crime, which often includes multi-criminal activities. Combating the different forms of work-related crime is a common challenge that spans sectorial and national borders. The cases are often complicated to investigate, since they may affect the areas of responsibility of various authorities and have international ramifications. To prevent criminal actors from gaining a foothold in large parts of working life, the Government states that a broad approach is required focusing on both preventing and combating work-related crime.

Furthermore, the Government has taken a series of measures to strengthen the Labour Inspection Authority, such as: (i) the signing of cooperation agreements with the labour inspection authorities in Lithuania, Estonia, Poland, Romania and Bulgaria; (ii) the provision of powers to issue orders and impose penalties when monitoring pursuant to the General application of Collective Agreement of 1993 (General Application Act); and (iii) the setting-up of a group of multilingual inspectors and interpreters and the production of brochures in several relevant local languages, explaining the rights and obligations for foreign workers and companies. According to the Government, in 2017, 3,400 enterprises were inspected by the joint operation groups. Sixty-one criminal networks were revealed and about 480 criminal players had their capacity reduced or were removed from the market.

Finally, the Committee notes that the Government has undertaken a series of measures in the field of public procurement of goods, services and building to prevent work-related crime, including: (i) the instructions that were given in 2018 to all public companies to implement and follow up on their procurements in a systematic way to prevent work-related crime; and (ii) the adoption of regulations relating to pay and working conditions in public sectors that require contracting authorities to provide employees of suppliers and any subcontractors specific pay and working conditions. The Committee requests the Government to continue to provide information on the measures taken by the NAV to prevent all forms of forced labour, in particular among migrant workers. It also requests the Government to provide statistical information on the number of violations detected by the labour inspection, including during the recruitment or placement process. Finally, the Committee requests the Government to indicate the measures to support due diligence by the private sector to prevent and respond to risks of forced labour.

Article 3 of the Protocol. Identification and assistance to victims. According to the Government, there is no single government agency or designated non-state actor with primary responsibility for the identification of victims of trafficking. In principle, all agencies, organizations or individuals who find themselves with grounds for concern that a person may be subject to human trafficking – including social workers, police officers, medical staff, labour inspectors, child welfare officials, staff of asylum reception centres, and NGOs – have the statutory duty to identify the person concerned as a possible victim and refer him/her to the relevant authorities and assistance programmes, while complying with the relevant privacy and confidentiality regulations. The Plan of Action against Trafficking 2016–19 refers to measures to give the KOM “an effective role in the identification and referral of victims”.

The Government also states that victims of trafficking are entitled to a range of assistance measures as provided for by domestic legislation, including: (i) a recovery and reflection period which gives the right to temporary residency and work permits for six months; (ii) legal assistance and free legal aid in advance of any criminal charges; and (iii) safety measures (following a risk assessment) provided by the police and a safe place to live. Moreover, the NAV provides short-term accommodation and financial support (social economic assistance) for victims of trafficking during the recovery and reflection period. The financial support is the same as that provided to Norwegian citizens according to the person’s needs, without a fixed sum. Furthermore, the Directorate of Labour and Welfare has established a practice in which a person granted a reflection period, after application will be granted membership in the National Insurance Scheme under provision § 2-7, para. 3(b) of the National Insurance Act. Membership is a basic condition for entitlement to most benefits under the National Insurance Act.

There are also other actors providing accommodation and assistance. One important new measure in the Action Plan against Trafficking is to provide support to a shelter established by the Salvation Army in Oslo in 2016. The shelter is staffed by up to six persons from a range of professional backgrounds. Clients of the shelter have an individual plan covering aspects of healthcare, social network and counselling. They are offered Norwegian and English language classes, and can work at the Salvation Army shop. The shelter has four beds specifically for male victims of trafficking for forced labour. The Committee requests the Government to continue to provide information on the measures taken to provide victims of forced labour with protection, recovery and rehabilitation. It also requests the Government to provide information on the measures taken to ensure that the protective measures should not be made conditional on the victims’ willingness to cooperate in criminal proceedings. The Committee also requests the Government to provide statistical information on the number of victims who have benefited from the above-mentioned services.

Article 4(1) and (2) of the Protocol. Access to remedies and the obligation not to treat victims of forced labour, as offenders. 1. Access to remedies. According to the Government, victims of trafficking can claim compensation in criminal cases or take civil action against the perpetrators. They can also benefit from state compensation pursuant to the Compensation for Victims of Violent Crimes Act (No. 13/2001). For state compensation to be granted, a criminal act must have taken place within Norway and be reported to the police, but compensation may be granted even if that the criminal case has been closed for lack of evidence. Compensation may be granted for loss of income, medical expenses, long-lasting physical injuries, as well as for non-economic damages (pain and suffering). Physical injuries are not required and psychological damage also counts as injury. State compensation is subsidiary to the other forms of compensation. The Compensation Authority pays the victim according to a court conviction and seeks recovery from the convicted person, or, when there is no court case, the Compensation Authority can award compensation based on their assessment of the case. Victims of trafficking who have been exploited in Norway can present a claim to the Criminal Injuries Compensation Authority also after having left Norway. Decisions by the Criminal Injuries Compensation Authority may be appealed to the Compensation Board for Victims of Violent Crime.

Since 2007, about 30 victims of trafficking have been awarded compensation by the Criminal Injuries Compensation Authority. The maximum compensation amount possible since the amount was updated in 2011 is 5,404,080 Norwegian Krone (NOK) (about €584,000). By way of example, five victims of trafficking were awarded compensation in 2014, ranging from NOK100,000 (around €11,000) to NOK707,022 (some €76,000). In all cases, the compensation was actually paid to the victims. The Committee requests the Government to continue to provide the following: (i) statistical information on the number of victims of trafficking who have claimed and obtained compensation while still present in the country (indicating if this compensation was granted in the framework of a penal or civil action); (ii) information on the number of victims of trafficking who presented a claim to the Criminal Injuries Compensation Authority after having left Norway as well as on the measures taken to encourage victims who have left the country to claim their rights and obtain compensation.

2. The obligation not to treat victims of forced labour, as offenders. Section 61 of the 2015 Penal Code gives courts the possibility not to impose a sentence when there are special reasons for not doing so, though the Penal Code does not mention trafficking cases in particular. There is no case law based on section 61 in relation to trafficking in persons cases. Further, section 69 of the Criminal Procedure Act of 1981 gives the prosecution service the possibility not to prosecute a person who is otherwise viewed by the prosecution service as having broken the law. The Director of Public Prosecutions issues annual guidelines for the prosecution authorities. As is the case for the guidelines of earlier years, the 2015 guidelines remind prosecutors of the possibility to waive prosecution against victims of trafficking, in line with the Penal Code. Typical examples of offences for which prosecution may be waived include illegal entry into Norway, use of forged documents and working without a work permit. The Committee requests the Government to indicate the manner in which section 61 of the Penal Code is applied in practice for cases of trafficking in persons. It also requests the Government to provide statistical information on the number of victims of trafficking in persons who have not been prosecuted for their involvement in unlawful activities, which they have been compelled to commit as a direct consequence of being subjected to forced labour.