Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Portugal (Ratification: 1956)
Protocol of 2014 to the Forced Labour Convention, 1930 - Portugal (Ratification: 2020)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Articles 1(1) and 2(1) of the Convention. Impact of refusal to perform socially necessary work on entitlement to unemployment benefit. The Committee notes the adoption by the Governing Body at its 327th Session (June 2016) of the recommendations of the tripartite committee set up to examine the representation made by the National Federation of Unions of Workers in the Public and Social Services (FNSTFPS) against Portugal alleging non-observance of the Forced Labour Convention, 1930 (No. 29), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes that the representation refers to the requirement for the unemployed to undertake socially necessary work under the penalty of losing their entitlement to unemployment benefit. Socially necessary work consists of the performance by the unemployed of work intended to meet temporary social or community needs (the requirement established by Legislative Decree No. 220/2006 establishing the legal framework for the unemployment compensation scheme for dependent workers and by Decree No. 128/2009). The Committee notes that the tripartite committee emphasized, with regard to the objective of employment insertion contracts and the performance of socially necessary work, that these are a social inclusion measure with the primary purpose of maintaining or developing the work skills of the unemployed and, when the time comes, helping them to find a productive and freely chosen job on the labour market. The tripartite committee observed that there is a legal obligation for the unemployed to accept socially necessary work, but that the legislation provides for the possibility, in certain limited situations, to refuse such work (where it is not suited to a person’s physical abilities, skills or vocational experience, or when a certain travel time is exceeded). The tripartite committee also noted that the legislation gives the same weight to the requirement for beneficiaries of unemployment benefit to accept suitable work and the requirement to accept socially necessary work. An unjustified refusal to accept socially necessary work has the same consequences as unjustified refusal to accept suitable work, namely cancellation of registration with the employment centre and accordingly the ending of entitlement to unemployment benefit. The tripartite committee therefore invited the Government to enter into tripartite consultations with the social partners concerned with a view to evaluating all the terms and conditions for the implementation of employment insertion contracts, their effectiveness and impact.

The Committee notes the Government’s indication in its report that it has noted this recommendation, without however providing further information on this subject. The Committee notes that, in its observations attached to the Government’s report, the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) refers once again to the pressure exerted on the unemployed to accept socially necessary work. The General Workers’ Union (UGT) considers it fundamental for the question of socially necessary work imposed on the unemployed to be analysed rapidly and for consultations to be held with the social partners so that this active employment measure can be assessed and eventually redesigned. The Committee recalls, as observed by the tripartite committee, that the purpose of unemployment compensation schemes is to provide persons who have lost their jobs with income replacement for a certain period so that they can seek suitable and freely chosen employment. Entitlement to a replacement income arises out of their previous work and the contributions made to the related unemployment insurance scheme. Under these circumstances, the Committee requests the Government to provide information on any consultations undertaken with the social partners on the terms and conditions for the implementation of employment insertion contracts, as suggested by the tripartite committee. The Committee also requests the Government to provide information on the conditions for the implementation of employment insertion contracts, with an indication of the number of the unemployed receiving unemployment benefit who have been requested to undertake socially useful work, the number who have refused and the reasons for their refusal, and the number whose entitlement to unemployment benefit has been suspended. Please also provide information on the time from which employment insertion contracts are proposed to the unemployed who are receiving unemployment benefit, so that the Committee can assess whether the requirement to perform socially necessary work is reserved for unemployed persons who have exhausted their entitlement to unemployment benefit, or to those whose entitlement is coming to an end. Please also indicate whether persons who have just lost their job have a reasonable period to seek on a full-time basis and to freely choose a suitable job, without fear of losing their entitlement to unemployment benefit.

Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee welcomed the measures taken by the Government to combat trafficking in persons, which bear witness to its commitment and will to adapt the institutional and legislative framework to the complexity of the issue. It requested the Government to provide information on the implementation of the five strategic areas of the third National Plan to Combat Trafficking in Human Beings (PNPCTSH III) and on the measures taken to strengthen the resources and investigative capacity of the law enforcement bodies with a view to the effective application of the penalties set out in section 160 of the Penal Code, which criminalizes trafficking in persons, to those found guilty of this crime.

Implementation of the National Plan to Combat Trafficking in Human Beings. The Committee notes the very detailed information provided by the Government on the many actions taken for the implementation of the 53 measures envisaged in the five areas covered by the PNPCTSH III for the period 2014–17. It notes that the Government has continued to carry out awareness-raising activities (the national campaign organized on an annual basis in October for the European Union Anti Trafficking Day, the dissemination of information material through various media, the publication of university studies, the exchange of information and participation in regional and international events intended to improve understanding of the issue and share good practice) and activities to strengthen the capacities and the initial and continuous training of magistrates, the forces of order (including the anti-trafficking unit of the Foreigners and Borders Service) and the labour inspection services. It has also intensified measures intended to improve the support and protection of victims (the establishment of a shelter for men in 2013 and a centre for women in 2014; the creation, alongside the Network for Support and Protection to Victims of Trafficking (RAPVT), of five specialized multi disciplinary teams (EME) which coordinate the assistance provided to victims throughout the country). The Committee also notes the strategic role played by the Commission for Citizenship and Gender Equality (CIG) which, as the coordinating body for action to combat trafficking in persons, adopts annually the plan of action for the implementation of PNPCTSH III, provides support to the bodies responsible for its implementation and prepares regular implementation reports. Similarly, the Observatory on Trafficking in Human Beings (OTSH) produces, processes and disseminates information on trafficking in persons with a view to improving understanding of this phenomenon by the public and the competent authorities.

The Committee once again welcomes the action taken by the Government for the implementation of the five components of PNPCTSH III (prevention, training, protection, investigation and cooperation) and requests the Government to continue indicating the measures taken to combat trafficking in persons for both sexual exploitation and labour exploitation. Please provide information on the final implementation report of PNPCTSH III, which is to be prepared by the CIG in February 2018, with an indication of the areas in which obstacles have been noted and the measures envisaged to overcome them.

Identification of victims and punishment of those responsible. The Committee notes the information provided concerning the preventive inspections and investigations undertaken by the various competent authorities, both individually and jointly, to identify cases of trafficking in persons. In particular, it notes the statistics on the monitoring operations carried out by the forces of order (the gendarmerie, national police and the Foreigners and Borders Service) in high risk locations, such as nocturnal leisure establishments and agricultural concerns, as well as the inspections carried out by the Labour Conditions Authority (ACT), particularly in the context of action to combat undeclared work. The Government emphasizes the role played by the ACT in detecting situations which may be related to trafficking in persons for labour exploitation and in gathering evidence as a basis for classifying situations as crimes and, accordingly, referring the cases to the Office of the Public Prosecutor or to criminal police officers. The Committee notes that, according to the 2015 report on trafficking in persons published by the OTSH in April 2016, the number of reports of presumed victims in 2015 was 193 (compared with 197 in 2014), with 135 reports on Portuguese territory and 58 reports concerning Portuguese citizens abroad. Of these reports, 61 per cent were related to trafficking in persons for labour exploitation. Of the reported cases, 53 were considered “confirmed cases” by the judicial police following a criminal investigation (compared with 48 in 2014).The Committee also notes the Government’s indication that in 2013 a total of 29 persons were charged in the context of judicial proceedings and that nine persons were convicted of trafficking in persons. In this regard, the Committee notes that Act No. 72/2015 of 20 July, setting out the objectives, priorities and orientations of criminal policy, considers trafficking in persons a crime to be prevented and investigated on a priority basis, particularly in view of the need to protect victims.

The Committee welcomes the fact that the efforts made to strengthen the resources and investigation capacity of law enforcement bodies have resulted in the prosecution and conviction of certain persons responsible for the crime of trafficking in persons, in accordance with section 160 of the Penal Code. However, the Committee notes the Government’s indication, based among others on the conclusions of the OTSH report of April 2016, that both the identification of victims and investigations are encountering difficulties. In this regard, the Government refers to the fact that victims do not self-identify as victims, are not aware of their rights and fear reprisals. The authorities are also confronted with organized crime, the use of new technologies, the rapid removal of victims (across borders and within the country) and the capacity of the perpetrators to adapt. Under these circumstances, the Committee encourages the Government to continue reinforcing the means of action of the competent authorities (the Labour Conditions Authority, the forces of order, the Office of the Public Prosecutor and the judicial authorities) to facilitate rapid, flexible and effective action against trafficking in persons, in whatever form. In particular, please indicate the measures taken to facilitate cooperation and the exchange of information between the various authorities. The Committee requests the Government to continue providing information on current judicial procedures under section 160 of the Penal Code and on the nature of the convictions handed down. Finally, the Committee requests the Government to provide more detailed information on the protection and assistance afforded to victims of trafficking by the five specialized multidisciplinary teams operating throughout the national territory, with an indication of whether foreign victims were able to obtain residence permits, and the manner in which they obtain compensation for the damages suffered in order to prevent them falling back into a situation of vulnerability in which they might once again become victims.