Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Allemagne (Ratification: 1956)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Allemagne (Ratification: 2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee previously noted the Government’s information that, in order to improve the effectiveness of the prosecution of trafficking in persons for the purpose of sexual or labour exploitation, the country was in the process of reforming the criminal law. As part of this process, greater emphasis would be placed on prevention and on protection of victims. To that end, a federal Government and Länder Working Group was set up to discuss all relevant issues, with the participation of the social partners. The Committee noted in this regard that sections 232 and 233 of the Criminal Code criminalize human trafficking for the purposes of sexual exploitation and work exploitation, respectively. The Committee observed that, according to the Trafficking in Human Beings National Situation Report 2014, issued by the Federal Criminal Police Office (BKA), the number of cases of trafficking in persons had decreased. The report pointed out the difficulties faced by the law enforcement authorities in identifying victims and launching the appropriate investigations as well as the difficulties in implementing section 233 of the Criminal Code (trafficking for work exploitation).

The Committee notes the Government’s information in its report that, on 15 October 2016, the Law implementing the Directive 2011/36/EU of the European Parliament and of the Council, of 5 April 2011, on preventing and combating trafficking in human beings and protecting its victims came into effect. The Law contains revisions to provisions of the Criminal Code with a conceptual reorganization of sections 232, 233 and 233(a), which cover additional forms of exploitation, such as forced begging and forced involvement in illicit activities, as well as acts assisting human trafficking. According to the Trafficking in Human Beings National Situation Report of 2017 issued by the BKA, in 2017, the police carried out investigations in 327 cases of trafficking in persons for sexual exploitation, involving 523 suspects; while in 2016, 363 cases were investigated, involving 524 suspects. Regarding trafficking for labour exploitation, 11 cases were investigated in 2017, involving 27 suspects. Additionally, two cases of forced begging were investigated, involving two suspects. The Committee also notes from the Government’s reply in 2018 to the Questionnaire for the second round evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (hereafter “the Government’s 2018 reply to the GRETA”) that, in 2016, in 90 trials a total of 60 individuals were charged with human trafficking for the purpose of sexual exploitation under section 232 of the Criminal Code. Prison sentences were handed down in 51 cases, among which, in 32 cases the sentence was suspended. In 2016, in 19 trials a total of 12 individuals were charged with human trafficking for the purpose of labour exploitation under section 233 of the Criminal Code. Prison sentences were handed down in three cases, however, all of the sentences were suspended. The Committee notes that, in its concluding observations of 2018, the Committee on the Elimination of Discrimination against Women (CEDAW) of the UN expressed its concern at the low rates of prosecution and convictions in cases of trafficking (CEDAW/C/DEU/CO/7-8, paragraph 29). The Committee therefore requests the Government to strengthen its efforts to ensure that thorough investigations and prosecutions are carried out against all persons engaged in trafficking in persons for both sexual and labour exploitation, and that adequate penalties are applied to perpetrators. In this regard, it requests the Government to indicate the measures taken to strengthen the capacity of law enforcement authorities, including the labour inspectorate. The Committee also requests the Government to continue providing information on the application of relevant provisions of the Criminal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Identification and protection of victims. The Committee previously noted that the national legislation contemplates the possibility of granting a reflection period and a renewable residence permit for at least six months for victims who testify as witnesses during criminal proceedings.

The Committee notes that, according to the Trafficking in Human Beings National Situation Report of 2017, 489 victims of trafficking for sexual exploitation were identified in 2017, and the number was 488 in 2016. Moreover, 180 victims of trafficking for labour exploitation and two victims of forced begging were also identified in 2017. The Government indicates that, in order to provide up-to-date information and assistance in detecting and identifying victims of trafficking, the Federal Criminal Police Office runs an information portal which is available to police forces at both national and regional level. Moreover, special features and indicators for identifying victims of trafficking are being developed by the Länder and will be made available to the Länder’s police forces with appropriate training. Victims are provided with advice and support, including secured accommodation, by specialized counselling centres funded by the Länder. The counselling centres have concluded cooperation agreements with the police in most Länder, and increasingly provide assistance to victims of trafficking for labour exploitation. The protection of victims of trafficking for sexual exploitation is also provided within the framework of the implementation of the Prostitute Protection Act. The Committee requests the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of victims who have been identified and who have benefited from adequate protection.

3. National strategy and cooperation framework to combat trafficking in persons. The Committee previously noted from the information available on the website of the Ministry of Labour and Social Affairs that an overall strategy for the fight against human trafficking for labour exploitation was to be drawn up by the end of 2016.

The Committee notes the Government’s information that the draft strategy to combat human trafficking for the purpose of labour exploitation was presented at a specialist conference held at the Friedrich Ebert Foundation on 10 October 2016. Following the conference, a statewide network of service points for combating trafficking for labour exploitation was established as a cornerstone of the anti-trafficking strategy. The Committee also notes from the Government’s 2018 reply to the GRETA that no national action plan to combat trafficking has been adopted. However, the Government indicates that it continues to take measures to enhance the inter-agency cooperation within the framework of the Joint Federal Government–Länder Working Group on Human Trafficking, and that each Länder has its own coordination structures and strategy planning to combat human trafficking. The Committee therefore requests the Government to continue providing information on the measures undertaken to strengthen the overall framework aimed at preventing, repressing and suppressing trafficking in persons for both sexual and labour exploitation, and to ensure better coordination among the competent stakeholders. It also requests the Government to provide information on any results achieved in this regard.