Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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 Government’s report and the observations communicated by the General Union of Workers (UGT) of September 2013, as well as the Government’s response thereto.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee noted previously the Government’s undertaking to combat the trafficking of persons, in particular through strengthening the legislative framework by incorporating into the Penal Code provisions on human trafficking and by supplementing the law on the rights and freedoms of foreigners in Spain; the adoption of the Comprehensive Plan to combat human trafficking for the purpose of sexual exploitation; the specific role played by the labour inspection services in detecting offences associated with labour exploitation or trafficking in persons.

In its latest report, the Government supplies detailed information on the coordination, prevention and suppression activities of the various bodies involved in combating trafficking in persons and particularly by the labour inspection services in combating the “irregular economy”. The Government underlines, in this regard, the role played by the Plan to combat irregular employment and social security fraud adopted in April 2012. The Government also refers to the Protocol Framework for the protection of victims of human trafficking, which is a tool for providing victims with comprehensive protection and safeguarding their rights. Under the protocol, labour inspectors in the various provinces received training in 2013 on the trafficking of persons for labour exploitation. The Government emphasizes that for victims to be protected, they must first be identified, so the security forces (civil guard and criminal investigation police) have issued instructions on the procedures to be followed when conducting investigations in high-risk sectors. The civil guard is developing its own training activities as well.

On the matter of judicial proceedings brought under section 177bis of the Penal Code, the Government indicates that five prosecutions led to trials in which the courts handed down sentences. More generally, in 2011, 2012 and 2013 (first half), the national police corps remanded in custody, respectively, 706, 549 and 219 persons for trafficking for labour exploitation and 750, 783 and 553 persons for trafficking for sexual exploitation. The Government also describes the procedure whereby the labour inspection services refer to the Public Prosecutor’s Office instances in which they have found evidence amounting to a situation of human trafficking, and gives an account of the coordination activities developed by the Public Prosecutor in conjunction with public institutions involved in dealing with this offence and protecting the victims.

In its observations the UGT, referring to the Comprehensive Plan to combat human trafficking for the purpose of labour exploitation, prepared jointly with the various state bodies concerned and the social partners, expresses regret that it has still not been adopted as it is an essential tool for strengthening coordination of the actions to combat trafficking. The UGT also expresses concern at the lack of any budgetary allocation for the protection of victims of trafficking for labour exploitation who have no access to any public body providing psychological, social and medical support.

The Committee notes the detailed report published on 27 September 2013 by the Group of Experts on Action against Trafficking in Human Beings (GRETA), concerning the application by Spain of the Council of Europe Convention on Action against Trafficking in Human Beings. It also notes the report published in 2012 by the Ombudsman, entitled “Trafficking in human beings in Spain: Invisible victims”. The Committee shares the recommendations made by these two bodies with regard to improving action against trafficking in persons.

The Committee notes all the above information and encourages the Government to pursue its efforts in this regard. It asks the Government to provide information on the following points:

• -the adoption of the Comprehensive Plan to combat human trafficking for the purpose of labour exploitation;
• -the evaluation of the implementation of the Comprehensive Plan to combat human trafficking for the purpose of sexual exploitation (2009–12); the recommendations made in the course of the evaluation and the measures taken to overcome the difficulties identified;
• -the judicial proceedings initiated under section 177bis of the Penal Code and the measures taken to build the capacity of the authorities involved in combating trafficking and the coordination of such measures;
• -the reinforcement of protection for victims, particularly the victims of trafficking for the purpose of labour exploitation.

2. Exploitation of vulnerable workers amounting to forced labour. In reply to the Committee’s comments, the Government refers to the 2012 plan to combat irregular employment and social security fraud, and to the signing of the cooperation agreement between the Ministry of Employment and Social Security and the Ministry of the Interior to strengthen mechanisms for cooperation and coordination between the departments of the two ministries. The aim of the agreement is to step up joint action to detect behaviours that could amount to criminal offences so that such offences can be investigated more rapidly and more effectively. In 2011, 287 preliminary investigations were opened and 22 charges were brought for the offence of labour exploitation under section 312(2) of the Penal Code.

The Committee takes note of this information and requests the Government to continue to take steps to strengthen protection for migrant workers who, although not victims of trafficking in persons, are in a situation of vulnerability in which work could be imposed on them in conditions amounting to forced labour. Please continue to provide information on the judicial investigations and procedures initiated, and on the penalties applied under sections 311 and 312(2) of the Penal Code (imposition of unlawful working conditions through recourse to deceit or by taking advantage of the worker’s state of necessity).