Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Sweden (Ratification: 1931)
Protocol of 2014 to the Forced Labour Convention, 1930 - Sweden (Ratification: 2017)

The Committee welcomes the ratification by Sweden of the Protocol of 2014 to the Forced Labour Convention, 1930, and takes due note of the Government’s first report.

Article 1(1) of the Convention and Articles 1(1) and (2) of the Protocol. Institutional framework. National policy and systematic action. The Committee notes the Government’s indication in its report that a National Action Plan to combat prostitution and trafficking in human beings for all forms of exploitation was adopted in 2018, without specifying a time frame for the implementation of the Plan. The Government also indicates that the national assignment on prostitution and trafficking for sexual and other purposes is under the responsibility of the Swedish Gender Equality Agency, which manages an operational network of authorities – the National Task Force against Prostitution and Human Trafficking (NMT). In its 2018 report, the Group of Experts on Action against Trafficking in Human Beings (GRETA) expresses its concern about the implications of the decision to transfer the mandate for anti-trafficking action to the Gender Equality Agency in 2018 from the County Administrative Board of Stockholm (CABS), since the primacy focus of the new agency would be trafficking for the purpose of sexual exploitation, given that its creation is linked to the new National Strategy to Prevent and Combat Men’s Violence against Women (paragraph 32). The Committee requests the Government to provide further information on the implementation of the national Action Plan and the activities of the Gender Equality Agency, in particular regarding trafficking for labour exploitation.

Articles 1(1), 2(1) and 25 of the Convention and Article 1(3) of the Protocol. Definition and criminalization of forced labour and application of sanctions. The Committee notes the Government’s information that forced labour is defined and criminalized mainly under the provision on trafficking in Chapter 4, section 1(a) of the Criminal Code (trafficking for sexual purposes and forced labour, among others). Moreover, a new criminal provision (Chapter 4, section 1(b)) on human exploitation was introduced into the Criminal Code in 2018, aimed at strengthening criminal law protection against exploitation of persons for work or begging, in cases not covered by the definition of trafficking. It provides that a person who, by unlawful coercion, deception or exploitation of another person’s position of dependence, defencelessness or difficult situation, exploits another person in forced labour, labour under clearly unreasonable conditions or begging, is guilty of human exploitation and is sentenced to imprisonment for at most four years. Under aggravated circumstances, the person found guilty is sentenced to two–ten years. On 5 December 2019, the first judgment on the provision on human exploitation was delivered, regarding a restaurant owner who was sentenced to eight months’ imprisonment. The Committee also notes the statistical information in the 2018 GRETA report regarding the application of Chapter 4, section 1(a) of the Criminal Code on trafficking. In 2016, the number of reported trafficking offences was 197, of which 81 for sexual purposes, 27 for forced labour and 33 for forced begging. In 2017, there were 214 reported trafficking offences, of which 82 for sexual purposes, 39 for forced labour and 40 for forced begging (paragraph 13). However, in 2016, only three persons were prosecuted for trafficking for the purpose of sexual exploitation; two were sentenced to three years and six months’ imprisonment. Further, in 2016, four persons were convicted of trafficking for the purpose of forced begging. In 2017, four persons were prosecuted for trafficking for the purpose of sexual exploitation (paragraph 192). GRETA is concerned that the number of prosecutions for trafficking remains low and the number of convictions is even lower. Moreover, most of the investigated cases have concerned trafficking for the purpose of sexual exploitation. It is more difficult to start legal proceedings in cases of trafficking for the purpose of forced labour (paragraph 193). The Committee requests the Government to continue to provide information on the application in practice of sections 1(a) and 1(b) of Chapter 4 of the Criminal Code criminalizing trafficking in persons and forced labour, including the number of convictions and penalties applied. It also requests the Government to continue to provide information on measures taken or envisaged in order to strengthen the capacity of the competent authorities, in particular regarding trafficking for labour exploitation and forced labour.

Article 2 of the Protocol. Preventive measures. Clause (b). Educating and informing employers. The Committee notes the Government’s information that the Gender Equality Agency allocates funding to civil society organizations who work against prostitution and trafficking for sexual purposes. The organization Realstars has, for instance, been granted funding for a project entitled “An enterprise free from trafficking”. Within the project, the organization will produce guidelines for companies on how to conduct a risk assessment and develop policies to combat trafficking. However, there is an absence of information on measures taken by the Government to educate employers about trafficking for labour exploitation, as well as other forms of forced labour. The Committee requests the Government to provide information on measures taken or envisaged to educate and inform employers about trafficking for labour exploitation and other forms of forced labour.

Clause (c). Labour inspection services and other services. The Committee notes the Government’s information that the Work Environment Authority (WEA) coordinated an assignment with seven other authorities, covering the period of 2018–2020, to develop methods for joint control to tackle several problems, including trafficking for labour exploitation. In 2018, two joint operations were carried out under the EU policy cycle on trafficking within the framework of Europol, of which the first one focused on forced labour and other forms of exploitation of workers with the participation of the WEA. GRETA indicates in its 2018 report (paragraph 70) that the WEA inspectors have not received sufficient training to enable them to detect victims of trafficking for the purpose of labour exploitation. Moreover, although inspections of private households are possible, they rarely take place in practice. The Government further indicates that the Swedish Tax Agency officials often come across suspected cases of trafficking when investigating undeclared labour schemes. A guideline to raise awareness on trafficking is under development, providing indicators of trafficking and describing how STA officials should report cases of trafficking and labour exploitation. The Committee requests the Government to continue to provide information on the activities of labour inspectors in combating trafficking for labour exploitation and forced labour. It also requests the Government to provide information on the development of the guideline for tax officers.

Clause (d). Protecting migrant workers during the recruitment and placement process. The Committee notes that, according to the information in the 2018 GRETA report (paragraph 75), the operation of temporary work agencies in Sweden is regulated by the Private Placement Act. However, such agencies do not require a licence to operate and there is no public sector supervision of their work. Further, the Agency Work Act regulates the renting out of employees for temporary work. There is an umbrella organization for temporary work agencies and companies renting out staff for temporary work, which supervises the activities of its members. The Committee requests the Government to provide further information on measures taken or envisaged to prevent trafficking and labour exploitation in the activities of temporary work agencies.

Clause (f). Addressing the root causes and factors that heighten the risks of forced labour. The Committee notes that, according to the 2018 GRETA report (paragraphs 91 and 92), the Swedish authorities stress that the ban on the purchase of sexual services has reduced the prostitution market in Sweden and thereby demand for sexual services provided by victims of trafficking, and has contributed to making the purchase of sex socially unacceptable. However, research by the CABS and the Swedish Association for Sexual Education about the effects of the ban on purchasing sex shows that while there has been a clear reduction in street prostitution, the offer of sexual services on the Internet has markedly increased. There is also research highlighting some negative consequences of the criminalization of the purchase of sexual services, such as weakened safety procedures, fear of being subjected to police surveillance and difficulties faced by non-governmental organizations and social agencies in implementing harm-reduction measures. The Committee requests the Government to provide further information on the follow-up to the above-mentioned research regarding the ban on the purchase of sexual services. It also requests the Government to provide information on other measures taken or envisaged to address the root causes and factors that heighten the risks of trafficking for both sexual and labour exploitation.

Article 3 of the Protocol. (i) Identification of victims. Collection of information. The Committee notes the Government’s information that the Gender Equality Agency gathers statistics regarding potential victims of trafficking from other agencies and actors, based on the cases that come to its attention. However, according to the 2018 GRETA report (paragraphs 13 and 103), there is no formally established system for identification of victims. The statistics collected by the National Council for Crime Prevention refer to reported offences, rather than to presumed or identified victims. Moreover, according to data provided by the National Rapporteur, the number of persons deemed to be victims of trafficking on reasonable grounds was much lower: in 2015, there were two victims of trafficking for sexual purposes; in 2016, seven victims (two for sexual purposes and five for “other” purposes); and in 2017, 12 victims (two for sexual purposes and ten for “other” purposes, namely forced begging). The Committee requests the Government to indicate the measures taken or envisaged to strengthen the systematic collection of statistics of victims identified, and to provide such statistical information once available.

(ii) Protection and assistance of victims. The Committee notes the Government’s information that persons who are victims of human trafficking are offered support by the social services according to regulations in the Social Services Act on the municipality’s responsibility for providing support and assistance to people in need in general. Support may include sheltered housing, aid in contact with other agencies, financial assistance, interpretation and psychosocial support. This support is independent of whether the person is granted a recovery and reflection period and of cooperation with the law enforcement authorities. Provisions of several national legislative provisions also provide for access to health care for victims with or without a regular status in Sweden. Moreover, according to the 2018 GRETA report (paragraphs 111–113), since 2016, special assistance to victims of trafficking is provided under the National Support Programme (NSP), which is implemented by the Swedish Civil Society against Human Trafficking platform. Victims receive 30 days of assistance, extendable by a further 90 days in cases in which the presumed victims do not wish to formalize their victim status by reporting to the police or cannot obtain formal victim status, for example because they were exploited before arriving in Sweden. There are seven certified shelters within the NSP programme, with another three being reviewed with a view to certification. The Government further indicates that recovery and reflection periods and resident permits are granted to victims pursuant to Chapter 5, sections 6 and 15 of the Aliens Act. The Committee requests the Government to continue to provide information on the measures taken to provide victims of forced labour with protection, recovery and rehabilitation. It also requests the Government to provide statistical information on the number of victims who have benefited from the above-mentioned services.

Article 4(1) of the Protocol. Access to remedies. Compensation. The Committee notes the Government’s information that the Swedish Crime Victim Compensation and Support Authority subordinated to the Ministry of Justice is responsible for dealing with applications for criminal injuries compensation by the State, based on relevant provisions of the Criminal Injuries Compensation Act, in particular section 15. The injured party in criminal proceedings may also lodge a private claim for compensation of damages to be paid by the offender in conjunction with, or separately from, the prosecution of the offence, according to the relevant provisions of the Code of Judicial Procedure (Chapter 22) and the Tort Liability Act (Chapter 2, section 3). The Committee requests the Government to provide statistical information on the number of victims of trafficking and forced labour who have claimed and obtained compensation, awarded by the Swedish Crime Victim Compensation and Support Authority or granted by the courts, as well as the amount of compensation received.

Article 5 of the Protocol. International cooperation. The Committee notes the Government’s information that the Gender Equality Agency financed the project entitled “Competence building, Assistance provision and Prosecution of labour exploitation cases in the Baltic Sea Region” (CAPE), which is implemented by the Council of the Baltic Sea States. The main objective of the project is to support relevant national and local authorities in combating and prosecuting forced labour in labour exploitation cases in Sweden and in assisting victims. The project will report on 31 August 2021. The Committee requests the Government to provide information on the implementation of the CAPE project, as well as the results achieved.

Article 6 of the Protocol. Consultation with social partners. The Committee notes the absence of information on this point. The Committee requests the Government to provide information on the consultation with the organizations of employers and workers concerned to determine measures to apply the Protocol and the Convention.