Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Estonia (Ratification: 1996)
Protocol of 2014 to the Forced Labour Convention, 1930 - Estonia (Ratification: 2016)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption in 2012 of Penal Code amendments criminalizing trafficking in persons. Pursuant to amended section 133, the crime of trafficking is punishable by one to seven years’ imprisonment. The Committee also noted the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts. The Government further indicated that, as of 2010, actions against trafficking fall within the scope of the Development Plan for Reducing Violence (2010–14).

The Committee notes the Government’s information in its report that the number of criminal proceedings initiated for human trafficking was five in 2014, four in 2015 and 15 in 2016. The number of convictions with deprivation of liberty was as follows: four in 2014, four in 2015, and 11 in 2016. The sentences ranged from six months to ten years of imprisonment. The Committee further notes that, according to the 2018 Report concerning the Implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Group of Experts (2018 GRETA Report), in 2017, ten criminal proceedings regarding trafficking were initiated and 15 convictions with deprivation of liberty were handed down (GRETA(2018)6, paragraph 204). Moreover, in 2016, the Labour Inspectorate and the Police and Border Guard Board carried out 18 joint inspection visits to 91 companies. In 2017, some 24 similar joint inspections were carried out, most of them on construction sites. Several unregistered workers were detected, but no victims or presumed victims of trafficking were identified as the result of inspections (paragraph 125).

The Committee also notes the Government’s information that the Development Plan for Reducing Violence (2010–14) has been completed. Its evaluation report shows that 96 per cent of the activities planned were accomplished. The evaluation report also shows that active discussions in the society and other activities raised the awareness of the public in this regard; as a result, victims more frequently turn to victim support centres for help. The Government also indicates that the Strategy for Preventing Violence for the period of 2015–20 is being implemented, which includes activities in the area of combating human trafficking, such as awareness-raising measures to reduce demand, training of professionals, providing assistance to victims of trafficking, and voluntary return of foreign victims of their country of origin.

Regarding the protection of victims of trafficking, the Government states that guidelines developed in 2009 regarding the identification of the victims of human trafficking have been regularly updated. According to the 2018 GRETA report, there are plans to update these guidelines in 2018 (paragraph 120). Moreover, the Victim Support Act of 2003 was amended in 2017, which provides for assistance measures envisaged for victims of trafficking, including safe accommodation, catering, access to health services, material assistance, psychological assistance, translation and interpretation services and other services necessary for their physical and psychosocial rehabilitation. Victims are also entitled to compensation. The Government indicates that the duration of the assistance provided to victims is not limited by law and should be provided until the need for the services ceases to exist. According to the GRETA report 2018, four victims were identified in 2014, 13 in 2015 and ten in 2016. The majority of victims were trafficked for the purpose of sexual exploitation (19 children and two women), four victims (one man, one woman and two children) for the purpose of forced labour or services, and the remainder (two men) for slavery or practices similar to slavery. A further nine victims were identified in 2017 (paragraph 10). Up to now, no victims of trafficking have applied for state compensation (paragraph 165). The Committee further notes that, in its Concluding observations of November 2016, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the uncertain funding prospects for NGOs running shelters and providing assistance to victims of trafficking, the lack of gender-sensitive support services for victims of trafficking, and the lack of prevention and rehabilitation measures for victims of sexual exploitation (CEDAW/C/EST/CO/5-6, paragraph 20). The Committee therefore requests the Government to continue its efforts to ensure that investigations and prosecutions are carried out against perpetrators of trafficking in persons. It requests the Government to continue to provide information on the application of section 133 of the amended Penal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied. The Committee also requests the Government to provide information on the application in practice of the Strategy for Preventing Violence (2015–20), indicating whether the objectives set out have been achieved and whether an evaluation has been undertaken in order to assess the impact of the measures adopted. Please also provide information on the application of the Victim Support Act in practice, such as the measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and effective remedies, with a special attention to women and victims of trafficking for sexual exploitation.