Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 29) sur le travail forcé, 1930 - Portugal (Ratification: 1956)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Portugal (Ratification: 2020)

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Trafficking in persons. The Committee takes note of the detailed information supplied by the Government related to steps taken to combat trafficking in persons. It also takes note of the comments made in this respect by the Portuguese Confederation of Businesses and Services (CCSP), the Portuguese Tourist Confederation (CTP) and the General Union of Workers (UGT), that the Government appended to its report.

The Committee notes that, following the adoption of Law No. 59/2007 of 4 September 2007, modifying the Penal Code, the legal framework has been strengthened. Thus, the new article 160 of the Penal Code has widened the basic elements of the definition of the crime of trafficking of persons in a way that covers not only trafficking of persons for sexual exploitation but also for exploitation of their labour. In addition, the Committee notes the adoption of Law No. 57/2007 which approves the legal regime for the entry, stay, exit and expulsion of foreigners from national territory. It notes that article 109 of this law provides granting of a residence permit to foreigners who are victims of criminal acts linked to trafficking in persons or assistance in illegal immigration. The right of residence is granted after a reflection period of 30–60 days – which allows the victim to recover or to remove him/herself from the criminals’ influence – for as long as: the presence of the victim on national territory is of use to the judicial investigation and procedure; the victim demonstrates willingness to collaborate with the authorities; and the victim has severed all relations with the presumed authors of the crimes. During the reflection period and once right of stay has been granted, victims have a right to medical assistance and, if required, psychological assistance. In addition, residence permit holders can make use of social programmes which allow them to return to a normal way of life, for example in job training or assisted return to their country of origin.

Finally, the Committee notes that, by the Council of Ministers’ Resolution No. 81/2007 of 22 June 2007, a national plan against trafficking of human beings was adopted. This plan, which covers the period 2007–10, focuses on four strategic areas of intervention: knowledge and dissemination of information; prevention, sensitization and training; protection, support and integration; criminal investigation and repression of trafficking. For each of these fields, a number of steps have been identified, the departments responsible for carrying them out determined as well as timetables for procedures and objectives to be reached.

The Committee notes with interest the whole range of steps taken by the Government which testifies to its willingness to combat the complex phenomenon of trafficking in persons. The Committee requests the Government to supply in its future reports information on results achieved in the framework of the operationalization of its national plan of action to combat trafficking in persons covering the four strategic fields of intervention. With particular regard to the steps aimed at a more effective dealing with the problem of trafficking of persons in Portugal, both from a quantitative and qualitative point of view, it requests the Government to indicate if scientific studies and annual reports foreseen in the framework of the national plan of action have already been published, and, if so, to forward copies. The Committee also notes that the Government has not supplied information on criminal procedures undertaken against those responsible for trafficking in persons, nor on sanctions which had been taken against them. It hopes that the legislative amendment made as regards, on the one hand, a better definition of what constitutes the crime of trafficking in persons (article No. 160 of the Penal Code) and, on the other, the possibility of involving victims in investigative and judicial procedures, will facilitate the work of prosecution and judicial authorities. The Committee requests the Government to provide further information in this respect, including on the difficulties encountered by the competent authorities. It also requests the Government to provide statistical data on the numbers of victims of trafficking, the number of those who, by accepting to cooperate with justice, were provided with a residence permit and on the number of trials which had resulted in criminals being sentenced.