Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Finlande (Ratification: 1936)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Finlande (Ratification: 2017)

The Committee notes that the first report of the Government on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, has not been received. The Committee hopes that the Government will provide the first detailed report on the Protocol along with its next report on the Convention due in 2024.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and sanctions applied. In its previous comments, the Committee requested the Government to provide information on the enforcement of the sections of the Criminal Code that criminalize trafficking, aggravated trafficking and extortionate work discrimination (Chapters 25 and 47 of the Criminal Code).

The Committee notes from the Government’s report that, between 2017 and 2020, the police carried out 127 investigations, among which there were 44 related to trafficking, 27 to aggravated trafficking, and 56 to extortionate discrimination at work; for its part, the Finnish Border Guard carried out three investigations, one each relating to trafficking, aggravated trafficking, and extortionate discrimination at work. The Government also indicates that a national police network of experts, established in 2020, and a national investigation team focusing on the detection and investigation of human trafficking crimes, established in early 2021, work closely together in the fight against human trafficking. In addition, the Government indicates that between 2015 and 2019, there were 20 convictions in cases of trafficking and aggravated trafficking in human beings; 14 convictions in cases of extortionate work discrimination; 12 convictions in cases of abuse of a victim of sexual trade; and 30 convictions in cases of pandering and aggravated pandering. The Committee requests the Government to continue to provide information on the number of investigations – including those led by the national investigation team – prosecutions and convictions applied for trafficking in persons cases, specifying the penalties imposed on perpetrators.

2. Victim protection. The Committee previously took note of the provisions of the Aliens Act (301/2004) on temporary residence permits for victims of trafficking, as well as the legislative amendment (388/2015) to the Act on the Reception of Persons Seeking International Protection (746/2011), aimed at affirming by law the duties of the national assistance system for victims of human trafficking.

The Committee takes note of the statistics provided by the Government regarding the number of victims of trafficking that were admitted to the system of assistance from 2017 to 31 May 2021. In that timeframe, 844 victims were admitted to the assistance system, among which 291 were victims of labour exploitation. The Government indicates that victims are entitled to: (i) counselling and guidance; (ii) safe accommodation; (iii) allowance/income support; (iv) social services; (v) health care services; (vi) interpretation and translation; (vii) legal aid and advice; and (viii) support for safe return. The Government also indicates that the Ministry of Social Affairs and Health has set up a working group to draw up a new act to assist victims of trafficking. The aim of the reform is to improve the status, rights and equality of victims of human trafficking. Furthermore, residence permit practices concerning victims of human trafficking are being reviewed, as a result of a Parliament request that the Government find out whether legislative amendments were needed, in particular in relation to the grounds for issuance of residence permits to trafficking victims. The Committee welcomes the Government’s continued efforts to ensure adequate and effective protection to victims of trafficking and requests the Government to pursue its efforts and provide information in this regard. It also requests the Government to provide information on the progress made on the adoption of the new act to assist victims of trafficking, as well as on the review of the legislative provisions on residence permits for victims of trafficking.

3. National Action Plan. The Committee notes the Government’s indication on the adoption of a new Action Plan against Trafficking in Human Beings for the period 2021–2023. The Action Plan is based on five strategic objectives and 55 actions. The five strategic objectives relate to: (i) the identification of victims; (ii) the provision of support and assistance to victims; (iii) the establishment of criminal liability in human trafficking offences; (iv) the reinforcement of collaboration between national authorities and ministries and various civil society actors; and (v) the development of anti-trafficking action based on data. The Committee observes that the Government established an inter-sectoral working group to prepare the action plan with a view to gaining a comprehensive picture of the challenges of anti-trafficking and to accumulate perspectives for its development. A working group has also been established to monitor and report on the implementation of the Action Plan 2021-2023. The Committee takes due note of the coordinated action that led to the adoption of the new Action Plan against Trafficking in Human Beings 2021-2023 and requests the Government to provide information on the activities undertaken for the implementation of the five strategic objectives of the Action Plan, as well as on the assessment of its implementation by the working group in charge of its monitoring.