Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Espagne (Ratification: 1932)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Espagne (Ratification: 2017)

The Committee notes the statistical data provided by the Government on the inspections carried out by the labour inspection services to verify compliance with labour and social security rights, as well as occupational safety and health regulations, for prisoners performing work in the framework of a special employment relationship.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. With reference to its earlier comments, the Committee notes the measures taken by the Government to reinforce the legislative and institutional frameworks to combat trafficking in persons. The Committee accordingly notes with interest that, further to the adoption of Act No. 5/2010 of 22 June 2010, a title on trafficking in human beings has been incorporated into the Penal Code. Section 177bis determines in detail the elements that constitute trafficking in human beings (both for the imposition of forced labour and services and for sexual exploitation) and establishes penalties of imprisonment of between five and eight years, which may be increased in the event of aggravating circumstances. The Committee also notes the amendment of the legislation on the rights and freedoms of foreign nationals in Spain and their social integration (Act No. 2/2009 of 11 December 2009 and Royal Decree No. 557/2011 of 20 April 2011) so as to encourage cooperation by victims with the investigation authorities, including through the granting of a period of recovery and reflection and the possibility to live and work on the national territory under exceptional circumstances related to their association with judicial procedures or their personal situation. The Government adds that, following the approval in 2009 of the Comprehensive Plan to Combat Trafficking in Human Beings for Sexual Exploitation (2009–12), a second plan of action was drawn up at the end of December 2010 specifically covering trafficking in human beings for labour exploitation. In this context, measures are to be taken to evaluate the problem, as well as for prevention, repression and the protection of victims. The Government also emphasizes the specific role of the labour inspection services which, in the context of their action to combat “irregular economy”, can detect criminal conduct relating to the exploitation of labour, sexual exploitation or trafficking for the purposes of exploitation and, where appropriate, forward for action to the Office of the Public Prosecutor (Ministerio Fiscal) a minute setting out the evidence for the violations observed. In this connection, the labour inspectorate has drawn up a list of indicators of trafficking for labour exploitation and is preparing a guide on action in this field by inspectors and deputy inspectors, with the latter having to receive specific training. Finally, the Government provides statistical data on the inspections carried out by the labour inspection services in collaboration with the security forces and institutions in relation to forced labour and the supervision of the “irregular economy”. In 2010, of the 822 inspections that reported situations of forced labour, 364 concerned cases of labour exploitation not involving trafficking, 134 cases of trafficking for sexual exploitation, 124 cases of sexual exploitation not involving trafficking and six cases of trafficking for labour exploitation. The Government specifies that the labour inspection data do not provide a complete picture of the situation and have to be viewed with the data of the Office of the Public Prosecutor and the state security forces, which are the competent institutions for these violations.

The Committee notes all of this information, which bears witness to the Government’s commitment to combat trafficking in persons. The Committee requests the Government to provide information on the implementation of the Comprehensive Plan to Combat Trafficking in Human Beings for Sexual Exploitation (2009–12), particularly on the evaluation carried out by the inter-ministerial coordination group and on the annual reports drawn up by the group. Please also indicate whether the Comprehensive Plan to Combat Trafficking in Human Beings for Labour Exploitation has been adopted and whether measures have been taken for its implementation. The Committee would also be grateful if the Government would provide statistical data on judicial procedures under new section 177bis of the Penal Code. In this regard, please indicate the measures taken to strengthen the resources and capacities of law enforcement bodies (the labour inspectorate, the security forces, the Office of the Public Prosecutor and the courts) and to ensure effective cooperation between them. Finally, the Committee requests the Government to provide information on the measures adopted for the protection of victims (for example, through the creation of structures to provide them with psychological, medical and social support) and to help them assert their rights. Please indicate the number of victims who have benefited from a period of recovery and reflection, and the number of those who have been granted a residence or work permit, as envisaged by the legislation on the rights and freedoms of foreign nationals in Spain and their social integration.

2. Exploitation of vulnerable workers involving forced labour. The Committee observes that, according to the statistics provided by the Government on the inspections carried out by the labour inspection services in 2010 resulting in the identification of situations which constitute forced labour, the majority of such situations concerned cases of labour exploitation not involving trafficking. The Committee requests the Government to continue providing information on the action taken by the labour inspection services for the identification of situations of labour exploitation involving forced labour, the penalties imposed and the manner in which such situations are referred to the Office of the Public Prosecutor for the appropriate judicial procedures, in accordance with the respective provisions of the Penal Code. In this regard, the Committee also requests the Government to provide information on the number of prosecutions initiated and the penal sanctions imposed on perpetrators.