Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 in persons. In its previous comments the Committee noted the measures taken by the Government to strengthen its legal and institutional framework for combating trafficking in persons, particularly the coordination and awareness-raising activities carried out by the Coordination Unit against the Trafficking of Persons and the Smuggling of Migrants (SCOTT).

The Committee notes that the information supplied by the Government in its report indicates that it remains strongly committed to the fight against trafficking in persons, as borne out by the adoption of the “National Plan of Action against Human Trafficking (2012–14)”. The plan defines 23 measures within four strategic objectives, namely: prevention; stepping up the prosecution of perpetrators; improving victim identification and protection; and international cooperation. Among the activities carried out in implementing these four strategic objectives, the Committee notes the awareness-raising activities undertaken under the auspices of SCOTT, including those undertaken in various cantons during the week of action against human trafficking (October 2013) and the preparations for the 2016 national awareness-raising campaign; the organization of training days for members of the criminal prosecution authorities and staff of the Migration Office; and the possibility for the Confederation to grant financial aid to private or public law bodies to enable them to implement measures for the prevention of trafficking (following the entry into force of the Ordinance against human trafficking). Moreover, the “Trafficking of human beings and smuggling of migrants” commissariat continues to coordinate and support judicial procedures at national and international level (in particular with Romania, Hungary and Bulgaria), which has resulted in an increase in requests for information exchange with these countries. The Committee notes that, according to the latest report from the Federal Police Office (FEDPOL) (May 2014), Switzerland is still mainly affected by the trafficking of persons for sexual exploitation. The last ten years have seen a slight increase in the number of convictions, with heavy prison sentences handed down in 2013. The report also underlines the large number of trafficking cases which are not recorded. These cases do not lead to prosecution because the offence is not identified or because of the reluctance of victims or witnesses to testify. Proceedings are even fewer for cases involving trafficking in persons for the exploitation of labour, which, according to police information, probably exist in the sectors of construction, agriculture and domestic work.

The Committee requests the Government to continue to supply information on the activities implementing the National Plan of Action against Human Trafficking in order to ensure better identification and protection of victims and also genuinely effective penalties for perpetrators, in accordance with Article 25 of the Convention. The Government is also requested to indicate the specific measures taken to improve detection and handling of cases of trafficking in persons for labour exploitation. The Committee further requests the Government to indicate whether it is planned to evaluate the impact of the measures taken in the context of the National Plan of Action and, if so, to provide information on this evaluation and on any measures taken or contemplated as a result.

Article 2(b). Obligation to serve as guardian. The Committee previously noted the observations of the Swiss Federation of Trade Unions (USS) concerning the obligation on citizens to serve as guardians. According to the USS, this obligation, which is laid down in section 400 of the Civil Code, is contrary to the Convention, and the Civil Code should be amended so that persons may be appointed as guardians only if they so agree. The USS emphasized that Vaud is the only canton to apply this provision strictly and require citizens to perform these duties. The Committee recalled the criteria that normal civic obligations must meet so as not to be considered as forced labour and asked the Government to provide information on the manner in which the obligation to serve as a guardian is applied in practice.

In its report, the Government indicates that the legal affairs committees of both Chambers of Parliament have decided to follow up on parliamentary initiative 12.413 aimed at amending section 400 of the Civil Code so that a person can only be appointed as a guardian with his or her consent. The Government points out that, as a result, it is likely that the power to oblige citizens to serve as guardians will be annulled in federal law in the near future. The Committee duly notes this information. It also observes that, in the context of the federal consultations conducted further to the adoption of the parliamentary initiative, the Council of State of the canton of Vaud indicated that it intended to modify the model in force in the canton, referring to “the end of the system imposing an obligation on private individuals to accept a guardianship” (document of 7 July 2014). The Committee requests the Government to provide information on any action taken as follow-up to parliamentary initiative 12.413 that would make guardianship voluntary. In the meantime the Committee requests the Government to supply information on the impact of the decision of the Council of State of the canton of Vaud on the manner in which guardians are appointed, indicating whether some of them continue to be appointed against their will.