Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Forced Labour Convention, 1930 (No. 29) - Belgium (Ratification: 1944)
Protocol of 2014 to the Forced Labour Convention, 1930 - Belgium (Ratification: 2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the Government’s commitment to combating trafficking in persons through continuous adaptation of the national legislative and institutional framework against this crime. It requested the Government to continue its efforts and to provide information on the implementation of the Anti-Trafficking Action Plan (2015–19), the measures taken to ensure better identification and protection of victims and on prosecutions and convictions handed down under sections 433 ter to 433 novies of the Penal Code relating to trafficking of persons.

Implementation of action plans. The Government indicates that three action plans have already been implemented and that in 2020 an addendum specifically concerning child victims was added to the national action plan for 2015–19. A new action plan for 2021-2025 has been submitted to the Interdepartmental Task Force for the Coordination of Action against Human Trafficking, which brings together all competent persons and coordinates national policy in this field. The Committee also observes that the Centre for Migration (Myria), as the independent national reporter on trafficking in persons, publishes an annual report assessing the evolution and results of the policy to combat human trafficking. In 2020, the report focused on the exploitation of domestic workers, with particular attention paid to the impact of the COVID-19 health crisis on the combat against trafficking in persons. Among the points made in the report is the need to continue awareness-raising activities for the public at large and to focus particularly closely on diplomatic domestic personnel.

Protection of victims. The Committee notes that the Government, apart from psychosocial and medical assistance, administrative support and legal aid to victims provided by the three specialized reception centres, has continued to take measures to improve protection of trafficking victims. For example, the latter now automatically receive a residence document valid for 45 days, rather than an order to quit the territory within 45 days. Moreover, the principle of not penalising victims of trafficking has been formally integrated into the Penal Code. The Committee also notes from the Myria’s 2019 report, that Myria has analysed and proposed improvements to the aid system for trafficking victims in areas including the right to information, access to specialized aid services, legal aid and participation in the criminal procedure, and compensation. The Government also refers to several legal rulings in which the courts awarded damages (for material and non-material prejudice) to victims who are party to civil proceedings in cases on human trafficking.

Prosecutions and penalties. In reply to the Committee’s requests related to repression of cases of trafficking in persons, the Government provides information on the training activities organized by the department responsible for trafficking in persons within the National Social Security Office (ONSS) for labour inspectors with regard to trafficking for economic exploitation. The Government also refers to inspection visits conducted with a view to detecting cases of trafficking for labour exploitation and in particular to targeted monitoring undertaken in sectors identified as presenting a risk. In 2020 these inspections concerned the hotel, restaurant and café sector and nail bars. These inspections have made it possible to refer a growing number of victims to the legal authorities in 2018, 2019 and 2020 (65, 82 and 156, respectively). The Government indicates that for 2017, 2018 and 2019 convictions made under article 433 of the legal code stood at 112, 127 and 113 respectively. Between 2016 and 2020, 1715 cases were brought before the criminal courts, 57 of which were for trafficking for sexual exploitation and 31 for labour exploitation. A total of 750 cases were dismissed, in large part for technicalities such as “insufficient charges” or “perpetrator(s) unknown”)

The Committee again welcomes the measures taken by the Government to combat trafficking in persons through a comprehensive and coordinated approach. It requests the Government to continue providing information on: (i) measures taken to continue to raise the awareness of the public and the competent authorities in identifying trafficking in persons for the purposes of both sexual and labour exploitation; (ii) the follow-up given to the recommendation of Myria in respect of improving the legal aid system for victims and their compensation; (iii) the evaluation of the implementation of the new national action plan conducted by the Interdepartmental Task Force for the Coordination of Action against Human Trafficking, as well as proposals formulated by the Task Force; and (iv) and the legal procedures engaged, judgments handed down in cases of trafficking and redress for victims.

Noting that the Government has not provided its first detailed report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, the Committee requests it to provide this report at the same time as the report on the Convention, both in 2024.