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

Forced Labour Convention, 1930 (No. 29) - Iceland (Ratification: 1958)
Protocol of 2014 to the Forced Labour Convention, 1930 - Iceland (Ratification: 2017)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. In its previous comments, the Committee noted the 2003 amendments to the Penal Code providing for the offences related to trafficking in persons under section 227(a), as well as the amendments to other texts, for example the Police Act, the aim of which is, inter alia, to fight organized crime, including trafficking in human beings. The Committee also noted the measures undertaken by the Government regarding awareness-raising and multi-stakeholder cooperation.

The Committee notes the Government’s information in its reports that, in 2010, section 227(a) of the Penal Code was amended to add the criminalization of acts of forging travel or identity documents for the purpose of enabling trafficking. The Committee also notes from the 2014 Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Iceland (hereafter “the 2014 GRETA report”) that, in 2011, the maximum penalty for trafficking was increased from eight to 12 years’ imprisonment (GRETA(2014)17, paragraph 12). The first and only conviction for a trafficking offence was delivered in 2010, concerning five Lithuanian men accused of trafficking a 19-year-old Lithuanian woman in the autumn of 2009. One perpetrator was sentenced to five years’ and the other four to four years’ imprisonment (paragraph 175). The Committee notes the Government’s information that no legal proceedings have been recorded since then.

The Committee notes from the Government’s reply in October 2017 to the Questionnaire for the second round evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings (hereafter “the Government’s 2017 reply to the GRETA”) that trafficking for both labour and sexual exploitation has been found occurring. Victims were predominantly from the Baltic States, while some from South America were also identified. In recent years, authorities have put greater focus on labour exploitation through joint inspection activities of the police, tax authorities and labour inspectors on work sites where potential risk of forced labour is identified. A human trafficking team was formed at the Department of Labour and work procedures were put in place. The metropolitan police also established an investigation unit focused on human trafficking and prostitution (GRETA(2017)31, pages 3 and 4). The Committee therefore requests the Government to continue its efforts to ensure that investigations and prosecutions are carried out against all persons engaged in trafficking in persons. It also requests the Government to continue providing information on the application of section 227(a) of the Penal Code in practice, including the number of investigations and prosecutions carried out, as well as the specific penalties applied.

2. Plan of action and monitoring mechanism. The Committee notes the Government’s indication that the first National Action Plan against Human Trafficking was adopted in 2009, covering the period of 2009–12. The Committee also notes from the 2014 GRETA report that the second National Action Plan was adopted, covering the period of 2013–16 (paragraph 18). According to the Government’s 2017 reply to the GRETA, the development of a new action plan is on the agenda. In 2016, the Ministry of Justice established a consultation forum, consisting of the Ministry of Welfare, Police, Directorate of Immigration, Social Services of Reykjavik City, Human Rights Centre, trade unions and the Red Cross, in order to consult and cooperate on the development and implementation of the anti-trafficking policy (page 3). The Committee requests the Government to provide information on any progress made regarding the adoption of the third National Action Plan. It also requests the Government to provide information on the activities of the Consultation Forum established by the Ministry of Justice, including any results achieved in this regard.

3. Identification and protection of victims. The Committee notes from the Government’s 2017 reply to the GRETA that, in 2015, the Ministry of Welfare formed two inter-agency teams to provide the needed assistance and services to victims of trafficking: (i) a cooperation and coordination team, consisting of a wide range of representatives from several ministries and NGOs, to provide an overview of the situation regarding the provision of welfare services to victims and lay out a general process when a victim is identified; and (ii) an operational team to call ad hoc gatherings concerning individual cases and to ensure the provision of welfare services to the victim. Since December 2014, the Ministry of Welfare, in cooperation with the Women’s shelter in Iceland, ensures all female victims a temporary safe house. The Human Rights office provides the victims with free legal assistance (page 4). The Committee requests the Government to continue its efforts with regard to the identification of victims of trafficking for purposes of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. The Committee also requests the Government to provide information on the measures taken and the results achieved in this regard, including the number of victims who have been identified and who have benefited from such protection.