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

Forced Labour Convention, 1930 (No. 29) - Austria (Ratification: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Austria (Ratification: 2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Programme of Action. The Committee previously noted the adoption of the third National Action Plan (NAP) on Combating Human Trafficking for 2012–14, which includes, among other measures, the establishment of the Task Force with three thematic working groups on labour exploitation, child trafficking and sexual exploitation.

The Committee notes the implementation report for NAP 2012–14 attached to the Government’s report. The Government indicates in its report that, the NAP is evaluated by the Task Force, which meets between eight and ten times per year and produces annual internal reports. The three working groups also developed reports in 2014 in their respective working field. The Government also indicates that the forth NAP for 2015–17 is being implemented, and that its implementation report is to be published in early 2018. The Committee therefore requests the Government to continue providing information on the implementation of the NAP on Combating Human Trafficking 2015–17, including a copy of its implementation report. It also requests the Government to provide information on the adoption of a new NAP for the next period.

2. Penalties and law enforcement. The Committee previously noted the detailed report published on 15 September 2011 by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the application by Austria of the Council of Europe Convention on Action against Trafficking in Human Beings. It noted, in particular, the observation made by the GRETA regarding the low number of convictions for trafficking in persons and the absence of convictions in cases of labour exploitation other than domestic servitude. The Committee noted that trafficking in persons is criminalized under section 104(a) of the Penal Code, and is punishable with up to three years’ imprisonment.

The Committee notes the Government’s information that an amendment to section 104(a) of the Penal Code was made through the Sexual Offences (Amendment) Act 2013. According to it, trafficking in persons is punishable by imprisonment of up to five years and, if the victim is a minor above the age of 14, up to ten years. In addition, exploitation now also includes exploitation for the purpose of begging and for the commission of an offence. The Committee also notes the Government’s indication that, in 2015, three convictions were handed down under section 104(a) of the Penal Code; while in 2014, 13 convictions were handed down. Moreover, in 2015, 15 convictions were handed down under section 217 of the Penal Code relating to cross-border trafficking for prostitution; while in 2014, 13 convictions were handed down. The Committee further notes that, according to the GRETA report of 3 July 2015 (GRETA (2015)19), from 2010 to 2013, two convictions were handed down under section 104(3) each year. In comparison, there were considerably more convictions for cross-border trafficking for prostitution (section 217). Moreover, there were very few convictions in cases of labour exploitation. The GRETA also indicates that, with regard to prosecuting cases of trafficking for the purpose of labour exploitation, difficulties have been experienced stemming mainly from the lack of clarity and understanding of the occurrence, nature and impact of exploitation (paragraphs 182–184).

The Committee notes the Government’s indication that, the working group on trafficking for the purpose of labour exploitation has met 19 times in total since its establishment in late 2012. Trainings sessions are also provided to labour inspectors and police officers. According to the implementation report for NAP 2012–14, continuous training is provided to judges and prosecutors. A special unit at the Higher Court in Vienna is established with a special competence for trafficking cases and enhanced cooperation with victim protection institutions. The Committee therefore requests the Government to continue providing information on the application in practice of sections 104(a) and 217 of the Penal Code criminalizing trafficking in persons and cross-border trafficking for prostitution, including the number of convictions and penalties applied. It also requests the Government to continue providing information on any measures taken to address the difficulties encountered by the competent authorities when carrying out law enforcement activities, as well as the results achieved.

3. Identification and protection of victims. The Committee notes the Government’s information that, from 2013 to 2014, the working group on trafficking for labour exploitation developed a list of indicators for competent authorities regarding the identification of victims of trafficking for labour exploitation, supplemented with information on how to report suspected cases to the Austrian Criminal Intelligence Service. However, the Committee notes that, according to the GRETA report of 2015, the number of identified victims of trafficking for the purpose of labour exploitation remains low, due to the absence of a national referral mechanism defining the roles and responsibilities of all relevant actors and a lack of clarity as to the rules and procedures for sharing information between different entities (paragraph 97).

The Committee also notes that, according to the implementation report of the NPA 2012–14, the NGO Intervention Centre for Migrant Women Affected by Human Trafficking (LEFÖ-IBF) for women and girls from the age of 15, the Men’s Health Centre (MEN VIA) for men and “Drehscheibe” for children are the most important victim protection institutions and members of the Task Force. Psycho-social counselling, secure accommodation, medical care and legal assistance are provided in these institutions. In the period 2012–14, LEFO IBF provided services and care to a total of 506 victims, and 249 were offered legal assistance. Meanwhile, “Drehscheibe” provided care and support to 828 unaccompanied alien minors and examined 332 cases of suspected child trafficking. MEN VIA was established at the end of 2013 and started to operate since the beginning of 2014.

The Committee further notes that, according to the implementation report of NPA 2012–14, foreign victims of human trafficking are granted a period of 30 days to “recover and reflect” prior to taking any stay-related steps. After that period, victims and witnesses of human trafficking may receive a “special protection” residence permit, if criminal proceedings have been commenced or other claims have been raised. The Committee requests the Government to continue providing information on any measures undertaken to improve the identification of victims of trafficking for labour exploitation and on services provided to all victims of trafficking through different institutions.