Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Switzerland (Ratification: 1940)
Protocol of 2014 to the Forced Labour Convention, 1930 - Switzerland (Ratification: 2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking of persons. The Committee notes the information supplied by the Government on the coordination and awareness-raising activities carried out by the Coordination Unit against the trafficking of persons and the smuggling of migrants (SCOTT). It notes in particular that a national action plan has been drafted to combat human trafficking which encompasses the strategic priorities of SCOTT; that more cantons have developed mechanisms for cooperation between the various partners involved in the fight against trafficking; that training activities have been developed for the various competent authorities, particularly the prosecution authorities; that SCOTT participates in meetings with the competent authorities of countries with nationals who are victims of trafficking, such as Hungary or Romania, in order to step up bilateral cooperation between the departments concerned. The Government also provides statistics of the number of attestations delivered in 2009 and 2010 allowing victims or witnesses of trafficking to reside in the canton for the duration of a cooling off period of at least 30 days or in order to assist the prosecuting authorities (sections 35 and 36 of the Ordinance on admission, residence and gainful employment (OASA)). Lastly, with regard to the information on convictions under section 182 of the Penal Code making trafficking in of persons a criminal offence, the Committee notes that according to the Government, several judgments handed down in 2010 indicate a tendency towards harsher penalties. The Government refers in particular to a decision of February 2010 by the Federal Supreme Court which overruled a sentence passed by the Zurich Cantonal Supreme Court on the grounds that in the circumstances a custodial sentence of three-and-a-half years was too light.

The Committee further notes the adoption on 23 December 2011 of the Federal Act on the Extrajudicial Protection of Witnesses (Ltém) which seeks to protect persons who are under threat because they are cooperating in criminal proceedings. In particular, the Act provides for the establishment of a witness protection service that reports to the Confederation, and defines the content of protection programmes. The Committee also notes the annual report of the Federal Police Office (FEDPOL) published in June 2012, according to which Switzerland is concerned above all by trafficking of women for the purposes of sexual exploitation and mainly as a country of destination. The number of presumed instances of trafficking is rising in parallel with the number of prostitutes, a trend that became more pronounced in 2011. The victims come for the most part from Eastern Europe (Romania, Hungary, Bulgaria), but also from Brazil, Thailand and West Africa. The report emphasizes that the real extent of the problem in Switzerland is impossible to estimate because this type of exploitation is carried on underground and denunciations are rare because most victims are subjected to severe duress. The trafficking of persons remains an offence that promises enormous gains with relatively little risk of prosecution. In this connection the report lists the actions conducted by the “Trafficking of humans and smuggling of migrants” commissariat, which reports to FEDPOL, to assist prosecuting authorities in Switzerland and other countries in preventing and combating trafficking.

The Committee notes all the measures taken by the Government to strengthen its legal and institutional framework for combating trafficking in persons. It requests the Government to indicate whether the national plan of action to combat trafficking of persons, based on the strategic priorities of SCOTT, has been adopted and, if so, to provide a copy. Please also continue to provide information on the work done by SCOTT and the “Trafficking of human beings and smuggling of migrants” commissariat to improve the identification of victims and step up their protection, in particular following the entry into force of the Federal Act on the Extrajudicial Protection of Witnesses (Ltém), and also to ensure that trafficking of persons offences are more effectively prosecuted. Please also send information on court decisions handed down under section 182 of the Penal Code so that the Committee may satisfy itself that the penalties for trafficking of persons are really effective and strictly applied, in accordance with Article 25 of the Convention.

Article 2(b). Obligation to serve as guardian. The Committee notes the observations of the Swiss Federation of Trade Unions (USS) forwarded by the Government on 30 September 2011. In its observations the USS refers to section 382 of the Civil Code, under which citizens may be required to serve as guardians. It points out that Vaud is the only canton to apply this provision strictly and to require citizens to perform guardianship duties in exchange for a mere CHF700 a year. The USS indicates that although under the new Civil Code amendments to the cantonal law will make guardianship duties more acceptable, the cantonal authority of Vaud intends to maintain this obligation. The USS demands an end to a practice which is contrary to the Convention and asks that the Civil Code be amended so that persons may be appointed as guardians only if they so agree.

The Committee notes that the Government has sent no information in response to these observations. It notes that the provisions on guardianship in the Civil Code to which the USS refers were amended by the Act of 19 December 2008 establishing a new guardianship regime and that it will take effect from 1 January 2013. The Committee observes that according to section 400(1) of the new Civil Code, a person appointed as a guardian by the adult protection authority is required, subject to good cause, to assume guardianship duties.

The Committee points out that in order to be exempted from the definition of forced labour laid down in the Convention, normal civic obligations have to meet certain criteria: the work or service must be for public purposes, be imposed on all citizens equally and be subject to certain reasonable restrictions of proportionality. The Committee would be grateful if the Government would explain the manner in which guardians are selected by the adult protection authority and provide information on how the duties comprising the average workload of a guardian are evaluated. Please also indicate the legal consequences of a refusal to perform guardianship duties assigned by the competent authority. The Government is asked to provide statistical information on the number of refusals and any penalties imposed in the canton of Vaud.

Article 2(2)(c). Work of general interest as a penalty. Prisoners working in establishments managed by private entities. With reference to its previous comments, the Committee takes note of the information provided by the Government on the manner in which certain cantons apply work of general interest as a penalty and ensure that the entities for which the work is performed are non-profit-making. It also notes the information on the voluntary external work of prisoners that may be performed in certain cantons for the benefit of establishments managed by private entities.