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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee welcomes the ratification by Estonia of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government on the application of the Protocol has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Programme of Action. In relation to the measures taken to continue to combat trafficking in persons,the Committee notes that the Government refers to the adoption of the Violence Prevention Agreement for 2021-2025. The Committee further notes that Part VII of this Agreement aims at the prevention and better detection of crimes, improvement of the national legislation and increasing cooperation among the relevant actors in the field of trafficking in persons. The Committee requests the Government to provide information on the concrete measures taken to meet the objectives set out in Part VII of the Violence Prevention Agreement for 2021-2025 relating to trafficking, and to indicate whether an evaluation has been undertaken in order to assess the impact of these measures. The Committee also requests the Government to indicate how it is ensured that the measures taken are part of a coordinated and systematic strategy.

2. Law enforcement and penalties applied. The Committee notes the information provided by the Government that the number of prosecutions carried out under section 133 “trafficking in persons” of the Penal Code was 16 in 2017, two in 2018, four in 2019, and 11 in 2020. The Committee further notes that the number of persons convicted to imprisonment (ranging from one to six years) was 15 in 2017, five in 2018, 12 in 2019, and eight in 2020. The Committee also observes from the information provided by the Government in its 2022 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings that different training activities on trafficking in persons and related crimes were undertaken for law enforcement bodies, including police officers, prosecutors, judges, labour inspectors and inspectors of the tax and customs board. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacities of the law enforcement bodies to ensure a better identification of cases of trafficking, both for labour and sexual exploitation, and effective investigations that could lead to prosecutions and the punishment of the perpetrators. The Committee further requests the Government to continue to provide data on the application of section 133 of the Penal Code in practice, including the number of investigations, prosecutions, convictions as well as the specific penalties applied.

3. Protection of victims. The Committee notes the Government’s indication that as from 2021, the Social Insurance Board is in charge of providing support services to victims of trafficking, in line with the Victim Support Act of 2004. In particular, support services include counselling of victims; assisting victims in communicating with state and local government authorities; translation and interpretation services; safe accommodation; vocational training; catering; psychological assistance; and other services necessary for physical and psycho-social rehabilitation of victims. The Government also indicates that the guidelines for identifying and supporting victims of trafficking were renewed in 2019, in cooperation with all the relevant counterparts, including state and local bodies and the non-governmental organizations. The Government further indicates that a new Victim Support Act is currently being drafted. The draft act specifies principles in relation to the treatment of victims, cooperation, and data exchange in the field of trafficking in persons. It also defines the requirements for specialists working with victims of trafficking. The Committee encourages the Government to continue to take measures to ensure that victims of trafficking are provided with appropriate protection and assistance for their recovery and rehabilitation and to facilitate their access to justice and reparation. The Committee requests the Government to provide detailed information on the number of victims identified and the number of victims who benefited from support services and the types of services provided.

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

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.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the Government’s indication concerning the adoption in 2012 of Penal Code amendments criminalizing and penalizing trafficking in persons. Pursuant to amended section 133, the crime of trafficking is punishable by one to seven years’ imprisonment. The Committee also notes the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts. The Government further indicates that, as of 2010, actions against trafficking fall within the scope of the “Development plan for reducing violence (2010–14)”. The development plan encompasses a multi-layered action plan against trafficking, which focuses on both sexual and labour exploitation, and provides for prevention measures, as well as measures to assist victims and strengthen investigations. The plan also draws attention to the need for increased awareness on the various facets of human trafficking, as well as for clear procedural guidelines on interviewing potential victims. The Committee encourages the Government to pursue its efforts to ensure that thorough 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 “Development plan for reducing violence (2010–14)”, 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 measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the Government’s indication concerning the adoption in 2012 of Penal Code amendments criminalizing and penalizing trafficking in persons. Pursuant to amended section 133, the crime of trafficking is punishable by one to seven years’ imprisonment. The Committee also notes the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts. The Government further indicates that, as of 2010, actions against trafficking fall within the scope of the “Development plan for reducing violence (2010–14)”. The development plan encompasses a multi-layered action plan against trafficking, which focuses on both sexual and labour exploitation, and provides for prevention measures, as well as measures to assist victims and strengthen investigations. The plan also draws attention to the need for increased awareness on the various facets of human trafficking, as well as for clear procedural guidelines on interviewing potential victims. The Committee encourages the Government to pursue its efforts to ensure that thorough 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 “Development plan for reducing violence (2010–14)”, 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 measures taken to protect victims of trafficking and to facilitate their access to immediate assistance and effective remedies.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

Trafficking in persons. Referring to its 2000 general observation concerning trafficking in persons, and in the absence of the Government’s response to this general observation, the Committee again requests the Government to provide, in its next report, information on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Article 2(2)(c) of the Convention. Work of prisoners for private individuals or companies. The Committee previously noted the provisions of the Imprisonment Act, of 14 June 2000, under which prisoners may work for private individuals or companies, both outside prison premises and within the territory of a prison, only with their consent (sections 37(5), 38(3) and 41). It also noted that remuneration of a working prisoner is calculated on the basis of the current minimum wage, the nature of the work and the amount of time actually worked by the prisoner (section 43(2)).

The Committee takes note of the information supplied by the Government concerning the organization of prisoners’ work for private individuals or companies inside prison premises and, in particular, the Government’s indication that conditions of work of prisoners must correspond to the occupational safety and health requirements applicable outside the prison. The Committee requests the Government to indicate, in its next report, the social security provisions applicable to prisoners working for private individuals or companies within the territory of a prison and to provide copies of the relevant texts.

Article 25. Penal sanctions. The Committee previously noted the provision of the new Penal Code which makes punishable with imprisonment “placing a human being, through violence or deceit, in a situation where he or she is forced to work or perform other duties against his or her will for the benefit of another person” (section 133 (“Enslaving”)). It notes the Government’s indication in the report that only one legal proceeding was instituted under this section in 2003. The Committee would appreciate it if the Government would provide information on the results of this legal proceeding, indicating a penalty imposed, as well as the information on any other proceedings which might have been instituted under this section, in connection with the illegal exaction of forced or compulsory labour, supplying copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee has noted the Government’s reply to its earlier comments.

Trafficking in persons. Referring to its 2000 general observation concerning trafficking in persons, and in the absence of the Government’s response to this general observation, the Committee again requests the Government to provide, in its next report, information on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Article 2(2)(c) of the Convention. Work of prisoners for private individuals or companies. The Committee previously noted the provisions of the Imprisonment Act, of 14 June 2000, under which prisoners may work for private individuals or companies, both outside prison premises and within the territory of a prison, only with their consent (sections 37(5), 38(3) and 41). It also noted that remuneration of a working prisoner is calculated on the basis of the current minimum wage, the nature of the work and the amount of time actually worked by the prisoner (section 43(2)).

The Committee takes note of the information supplied by the Government concerning the organization of prisoners’ work for private individuals or companies inside prison premises and, in particular, the Government’s indication that conditions of work of prisoners must correspond to the occupational safety and health requirements applicable outside the prison. The Committee requests the Government to indicate, in its next report, the social security provisions applicable to prisoners working for private individuals or companies within the territory of a prison and to provide copies of the relevant texts.

Article 25. Penal sanctions. The Committee previously noted the provision of the new Penal Code which makes punishable with imprisonment "placing a human being, through violence or deceit, in a situation where he or she is forced to work or perform other duties against his or her will for the benefit of another person" (section 133 ("Enslaving")). It notes the Government’s indication in the report that only one legal proceeding was instituted under this section in 2003. The Committee would appreciate it if the Government would provide information on the results of this legal proceeding, indicating a penalty imposed, as well as the information on any other proceedings which might have been instituted under this section, in connection with the illegal exaction of forced or compulsory labour, supplying copies of the relevant court decisions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s reply to its earlier comments. It requests the Government to provide, in its next report, information in response to the Committee’s general observation of 2000 on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation.

Article 2(2)(c), of the Convention. The Committee has noted the adoption of the Imprisonment Act, of 14 June 2000, which contains provisions concerning the work of prisoners, and the repeal of respective provisions of the Code of Executive Procedures (RT I, 1997, 43/44, 723). It has noted with interest that, under section 41 of the Act, a prisoner shall be allowed to work outside a prison only with his or her consent, and that provisions of labour law, including the provisions concerning entry into employment contracts, remuneration and holidays, shall apply to unsupervised work of prisoners outside a prison; under sections 37(5) and 38(3), prisoners may work for private individuals or companies within the territory of a prison only with the consent of the prisoners concerned; under section 43(2), remuneration of a prisoner is calculated on the basis of the current minimum wage, the nature of the work and the amount of time actually worked by the prisoner.

The Committee requests the Government to describe the organization of prisoners’ work for private individuals or companies inside prison premises, indicating in particular their conditions of work and social security, and to provide sample copies of contracts concluded between such individuals or companies with the state, to which reference is made in section 38(3) of the Imprisonment Act.

Article 25. The Committee has noted with interest that section 133 ("Enslaving") of the new Penal Code of 6 June 2001 makes punishable with imprisonment "placing a human being, through violence or deceit, in a situation where he or she is forced to work or perform other duties against his or her will for the benefit of another person". It requests the Government to provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour under section 133 and on any penalties imposed, including copies of relevant court decisions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the information supplied by the Government in reply to its previous direct request. It has noted, in particular, the adoption of the Armed Forces Service Act, of 14 March 2000, which contains a specific provision permitting the termination of active service contracts at the request of military servicemen.

Article 2, paragraph 2(c), of the Convention. The Committee previously noted the provisions on compulsory prison labour in the Code of Executive Procedures (RT I, 1997, 43/44, 723), which seem to allow that prisoners be hired to or placed at the disposal of private individuals, companies or associations. The Government indicates in its report that the role of private sector as a supplier of work for prisoners is very small and that practically all prisoners work under supervision of the State, including cases when work is performed for private enterprises, labour relations being established between a prisoner and a prison, and contractual relations being held between an entrepreneur and a prison. It also states that the basis of remuneration is a minimum wage and that the general occupational health and safety requirements are applicable to prisoners, their supervision being performed by the prison. The Government confirms that prisoners under "open" and "half-closed" schemes (sections 143 and 148 of the Code of Executive Procedures) may work in workshops outside the prison premises. According to the report, about 2,800 prisoners in the country are under an obligation to work, half of them being engaged in useful activities. The Government states that refusal to work does not give rise to any penalties, but working is taken into account for early release.

While noting this information, particularly the applicability of minimum wages and occupational health and safety provisions, the Committee recalls that under Article 2, paragraph 2(c), of the Convention, work or service exacted from any person as a consequence of a conviction in a court of law is excluded from the scope of the Convention if two conditions are met, namely: (i) that the said work or service is carried out under the supervision and control of a public authority; and (ii) that the said person is not hired to or placed at the disposal of private individuals, companies or associations.

As the Committee has previously indicated, these two conditions are cumulative and apply independently, i.e. the fact that the prisoner remains at all times under the supervision and control of a public authority does not in itself dispense the Government from fulfilling the second condition, namely that the person is not hired to or placed at the disposal of private individuals, companies or associations (see paragraph 119 of the Committee’s General Report to the 89th Session of the International Labour Conference, 2001). It is only when work or service is performed in conditions approximating to a free employment relationship that work by prisoners for private companies can be held compatible with the explicit prohibition of the Convention (see e.g. paragraphs 112-125 of its General Report to the 86th Session of the International Labour Conference, 1998).

The Committee therefore requests the Government to describe the organization of prisoners’ work for private persons and entities, both inside and outside prison premises and to supply specimen copies of agreements concluded between prison authorities and private users of prison labour. The Government is also requested to indicate any measures taken to ensure that any work or service by prisoners for private persons is performed in conditions approximating a free employment relationship; such measures would include the formal consent of the person concerned, as well as - given the absence of alternative access to the free labour market - further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security. As regards the Government’s statement concerning the non-applicability of penalties in case of refusal to work, the Committee draws the Government’s attention to paragraph 21 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that, in the definition of "forced or compulsory labour" given in the Convention, the "penalty" need not be in the form of penal sanctions, but might take the form also of a loss of rights or privileges; it might concern particularly the situation when early release depends on the prisoner’s consent to perform labour.

The Committee hopes that the necessary measures will be taken by the Government to ensure the observance of the Convention in this regard. Please also provide particulars of the plan of action concerning the work of prisoners referred to by the Government in its reply to the general observation of 1998.

Article 25. The Committee previously requested the Government to provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed under section 124-3 of the Criminal Code. The Government indicates in its report, referring to the information received from the Ministry of Justice, that no such sentences have been passed. The Committee hopes that the Government will continue to provide information on this subject in its future reports, including copies of relevant court decisions, if and when they are adopted. It also notes from the Government’s report that draft acts on punishments and imprisonment which, according to the Government’s previous indications, contain provisions on penal sanctions for the illegal exaction of forced labour, have passed the first reading in Parliament. The Committee requests the Government to supply copies of the Acts, when adopted.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points.

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. The Committee notes the provisions of the Act on Service in the Defence Forces, 1994, concerning compulsory military service and alternative service. It would be grateful if the Government would provide, in its next report, copies of legislation governing military service on a contract basis, to which reference is made in section 43 of the Act. In particular, please indicate any provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at fixed intervals or by means of notice of reasonable length.

Article 2, paragraph 2(c). The Committee notes the provisions on compulsory prison labour in the Code of Executive Procedures (RT I, 1997, 43/44, 723), which do not seem to exclude that prisoners be hired to or placed at the disposal of private individuals, companies or associations, as provided for in Article 2, paragraph 2(c), of the Convention. As the Committee recalled in paragraphs 112 to 125 of its General Report to the 86th Session of the International Labour Conference (1998), it is only when work or service is performed in conditions approximating to a free employment relationship that work by prisoners for private companies can be held compatible with the explicit prohibition of the Convention; this necessarily requires the formal consent of the person concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as the payment of normal wages and social security, etc. In this connection the Committee draws the Government's attention also to the general observation on the Convention made in its report to the 87th Session of the ILC (1999). The Committee hopes that, in its next report, the Government will supply information on the various points raised in that general observation, indicating, inter alia, whether prisoners under the common system and under the "open" and "half-closed" schemes (sections 143 and 148 of the Code of Executive Procedures) may work in workshops run by private enterprises inside or outside the prisons, and, if so, on what terms and conditions. The Committee also notes the provisions of sections 19(3) and 23 of the Code of Administrative Offences and requests the Government to describe the procedure governing the imposition of "administrative arrest" assigned by an administrative judge and also to clarify the status in law of an administrative judge.

Article 2, paragraph 2(e). Please indicate whether minor communal services may be exacted, in the direct interest of the community, as normal civic obligations of its members, and, if so, supply copies of the legislation applicable.

Article 25. Please provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed under section 124-3 of the Criminal Code. Please also supply a copy of the new Act on Punishments referred to in the Government's report as being in preparation, once it is adopted.