Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Pologne (Ratification: 1958)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Pologne (Ratification: 2017)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see articles 1(1), 2(1) and 25 below, on trafficking in persons), as well as on the basis of the information at its disposal in 2019.

The Committee notes that the first report of the Government on the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee requests the Government to provide the first report on the Protocol of 2014 along with its next report on Convention No. 29 due in 2022.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. The Committee previously noted that trafficking in persons is criminalized by section 189(a) of the Penal Code. The Committee also noted that the cooperation between the labour inspectorate and other authorities, including border guards, had been reinforced. Moreover, teams for combating human trafficking were established to initiate close regional cooperation. The Committee further noted that in 2016, 50 cases of human trafficking had been recorded, of which 13 were for forced labour, 15 were for prostitution and other forms of sexual abuse and one was for begging. Moreover, preliminary proceedings of 59 cases were concluded, leading to 13 indictments, and 30 persons were accused. The Committee requested the Government to pursue its efforts to strengthen the capacity of the law enforcement authorities, including the labour inspectorate, in combating trafficking in persons and to provide information on the application in practice of section 189(a) of the Penal Code.

The Government indicates in its report that, in 2017, the National Public Prosecutor’s Office recorded 135 cases of trafficking in persons, under section 189(a) of the Penal Code, of which 34 were for forced labour, 46 were for prostitution and other forms of sexual exploitation, six were for begging and 43, were for other types of exploitation. Moreover, 17 cases led to indictments and 47 persons were prosecuted. In 2018, 79 cases of trafficking in persons were recorded. In addition, 23 cases led to indictments, 47 persons were prosecuted and 13 persons were sentenced to imprisonment. The Committee further notes the Government’s indication in its supplementary report that, in 2019, 67 proceedings were initiated for cases of trafficking in persons, including 18 for forced labour, 30 for prostitution, and 19 for other types of exploitation. In addition, out of 55 closed proceedings, 17 cases resulted in indictments.

The Government also states, in its report of 2019, that a new cooperation agreement between the National Labour Inspectorate and the Police is being negotiated, in order, inter alia, to regulate cooperation in combating criminal offences, including trafficking in persons offences. The Government indicates that inspections can be carried out by the National Labour Inspectorate in cooperation with the police or the Border Guard Service. The Committee requests the Government to continue to provide information on the number of investigations, prosecutions and convictions applied for trafficking in persons cases, and to further specify the penalties imposed on perpetrators.

2. Victim protection. The Committee previously noted the observations of the Independent and Self-Governing Trade Union (“Solidarnosc”) stating that although victims can bring a civil action against the perpetrators of crimes related to trafficking in persons, very few victims of this practice ever receive compensation from the perpetrators. The Committee noted that the National Consulting and Intervention Centre for Victims of Trafficking (KCIK) provides two shelters dedicated to female victims of trafficking and medical assistance to the victims who are beneficiaries of the KCIK. The Committee also noted the Government’s information that the Expert Group for Supporting Victims of Human Trafficking, which is operating within the Inter-Ministerial Team for Combating and Preventing Human Trafficking, undertakes activities to improve the work efficiency of state authorities for the identification and protection of potential victims of trafficking. The Government indicated that, in 2016, 78 victims were identified, of which 34 were women and 44 were men. Moreover, the Act of 12 December 2013 on foreigners, implemented important changes in terms of granting residence permits for foreign victims of trafficking. The Committee also noted that, in April 2015, a law which reinforces and consolidates the framework of protection and assistance for victims of crime and witnesses including trafficking victims, came into force. The Committee requested the Government to continue providing detailed information on the measures undertaken and results achieved regarding the identification and protection of victims of trafficking in persons.

The Committee notes the Government’s indication that section 302 of the Act on foreigners exempts from the obligation to return due to irregularities in the performance of work, the foreigner who was made to perform work illegally by being misled or taken advantage of, or when this results from the hierarchical dependence or the inability to comprehend properly the actions taken. The Government also indicates that 453 victims of trafficking were identified in 2017 and 197 were identified in 2018. According to the Government’s supplementary information, in 2019, 208 victims were identified (including 104 foreign victims), of which 101 were exploited for the purpose of forced labour, 62 for prostitution, and 45 for other types of exploitation.

The National Labour Inspectorate is responsible for informing any potential victims of human trafficking about any available forms of support provided by, among many, the KCIK. In this regard, the Government indicates that the KCIK provided support to 187 victims or alleged victims of trafficking in persons in 2017, and to 181 persons in 2018, including 102 women and 79 men. In 2019, 13 victims of trafficking were referred to the KCIK. The Government further indicates that the Border Guard Service observed that victims of trafficking in persons mainly come from Poland, Ukraine, Viet Nam, Belarus and the Philippines.

The Committee further notes the Government’s information in its supplementary report that one of the priority tasks for the years 2020–2021 is to improve the National Referral Mechanism by, inter alia, systematizing its operating principles, strengthening the capacities of law enforcement authorities in identifying victims of trafficking, as well as extending the institutional infrastructure to support victims of trafficking. The Committee requests the Government to provide information on the application in practice of section 302 of the Act on foreigners. It also requests the Government to continue to provide information on the impact of the measures taken by the Government in identifying and assisting victims of trafficking, including through the National Referral Mechanism, and to indicate the manner in which they have been provided with support and assistance. Lastly, the Committee requests the Government to continue to provide information on the number of victims of trafficking who have been identified and who have benefited from protection and assistance.

3. Plan of action to prevent and combat trafficking in persons. The Committee previously noted the Government’s information that the Council of Ministers adopted the National Action Plan against Human Trafficking for 2016–2018, and requested the Government to provide information on the implementation of this Plan.

The Committee notes the Government’s information that it has developed activities to raise awareness of the issue of trafficking in persons, such as the distribution of information materials for young people, the development of a website and the organization of conferences. The Government also organized training courses for employees of the public services that provide help to persons who are particularly exposed to risks, such as labour office employees and social workers. Such courses were also organized for labour inspectors and for prosecutors, as well as for consular officials delegated to diplomatic posts, and for provincial coordinators and heads of provincial offices, whose official duties are related, in particular, to combating trafficking in persons.

The Committee further notes the Government’s supplementary report, according to which a new National Action Plan to combat human trafficking for 2020–2021 was adopted on 10 April 2020. Its specific objectives are to: (i) raise awareness of trafficking in persons; (ii) improve support provided to victims; (iii) improve prosecutions of cases of trafficking; (iv) improve the qualifications of personnel involved in the prevention of trafficking and support for victims; (v) deepen knowledge on trafficking and on the effectiveness of the activities undertaken; and (vi) strengthen international cooperation. The National Action Plan provides for the establishment of, inter alia, a team for combating and preventing human trafficking, led by the Ministry of Interior and Administration, and comprised of representatives of ministries, institutions, non-governmental organizations and the International Organisation for Migration (IOM); and of a working group for monitoring the implementation of the National Action Plan. The Committee requests the Government to indicate the manner in which the desired outcomes of the National Action Plan to combat human trafficking 2020–2021 have been achieved, indicating in particular the activities undertaken, including by the team for combating and preventing human trafficking, and the results achieved in this regard.

Article 2(2)(c). Work of prisoners for private individuals, companies and associations. The Committee previously noted that, according to the Executive Penal Code and its implementing regulations, prisoners are allowed to work for private employers. It noted the Government’s reiterated statement that convicts work for private entities on a voluntary basis in practice, under conditions comparable to a voluntary employment relationship and that there is a lack of work opportunities. The Government stated that a person who is deprived of liberty and works outside of the prison remains under the supervision of a penal institution. The Committee also noted that, according to section 123(a) of the Executive Penal Code, as amended in 2016, the director of a prison may allow the convict to work for a public institution or an entity of public benefit for free up to 90 hours per month, with the written consent of the convict or upon the written request of the convict. The Committee accordingly encouraged the Government to take the necessary measures to ensure that the protection of the rights of the convicts who work for private entities, on a voluntary basis in practice, are also afforded by law.

The Committee notes the Government’s indication that the Minister of Justice issued the regulation amending the regulation on the detailed rules for employing prisoners, which entered into force on 2 September 2017. The Government also indicates that the Ministry of Justice is currently working on the draft Act amending the Act on the Executive Penal Code. The Committee further notes the Government’s statement that it is implementing a programme entitled “Jobs for Prisoners”, in order to enhance the employment of prisoners. The Government indicates that at the end of 2018, 57 per cent (37,078 prisoners) were employed, compared with 36.07 per cent of the prisoners (24,048 prisoners) in 2015. The employment rate among prisoners capable of working was 84.78 per cent at the end of 2018. The most desired effect of the implementation of the programme is the increased potential for paid employment, which is a priority for the Prison Guard Service. The Government states that prisoners in paid employment rose from 9,843 people in December 2015 to 17,714 at the end of 2018. The Government adds that 11 additional production facilities are being built, which will secure job positions for at least 1,000 prisoners.

The Committee recalls that, to be compatible with the Convention, prisoners’ work for private parties must be performed on a voluntary basis, implying the full and informed written consent of the prisoners and conditions which approximate a free labour relationship, including wages and occupational safety and health (see General Survey on the fundamental Conventions, 2012, paragraphs 279 and 291). The Committee accordingly requests the Government to take the necessary measures to ensure that any work or service performed by prisoners for private entities is carried out voluntarily, which implies the payment of wages. The Committee also requests the Government to indicate the measures taken to ensure that the voluntary nature of prison work for private entities is unequivocally reflected in the legislation. The Committee hopes that the Government will take into consideration the Committee’s comments when drafting the Act amending the Executive Penal Code, to bring its legislation into conformity with Article 2(2)(c) of the Convention.