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Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Slovakia (Ratification: 1993)

Other comments on C029

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Programme. The Committee takes note of the new National Programme for Combating Trafficking in Human Beings, for the period 2019–23, which has been developed based on the evaluation of the previous national programmes and provides for objectives and tasks to reduce the crime of trafficking in persons. The Committee takes due note that several ministries are charged with ensuring the fulfilment of the tasks and earmarking the financial resources for their fulfilment every year when preparing the State budget. The evaluation of tasks is negotiated every year by the interdepartmental Expert Group for the Fight against Trafficking in Human Beings, established at the Ministry of the Interior (MoI) and the overall evaluation of the fulfilment of tasks of the National Programme is also negotiated by the Government. The Committee takes note, in this regard, of the detailed information contained in the Situation Report on the fight against trafficking in human beings published by the MoI for 2023, according to which, while the Slovak Republic was considered predominantly as a source country, it can now be considered predominantly as a country of internal (domestic) exploitation, and thus also as a destination country.
The Committee notes that the Government, by Resolution No. 522/2023, approved a new, sixth National Programme for combating trafficking in persons 2024–28, intending to build on the National Programme 2019–23 and considering the recommendations addressed to the Slovak Republic within the monitoring and evaluation mechanisms of international organizations and communities.
The Committee requests the Government to provide information on the achievements and challenges identifiedbythe interdepartmental Expert Group for the Fight against Trafficking in Human Beings following the implementation of the National Programmes for Combating Trafficking in Human Beings, on the measures taken or envisaged in response and on the priorities identified for the future.
2. Identification and protection of victims. The Committee notes, from the website of the Ministry of Interior, that the National Referral Mechanism (NRM) is a structure of cooperating entities through which the governmental authorities fulfil their obligations in terms of protection and enforcement of human rights for individuals who became victims of trafficking in persons, while coordinating their efforts as part of strategic partnership with civil society. According to the Ministry, any entity within the environment of governmental authorities and non-governmental organizations, as well as those from abroad, can initiate identification of victims of human trafficking through the National Helpline for Victims of Human Trafficking. Detected potential victims of trafficking in human beings in the territory of Slovakia or abroad are then referred to the care of non-governmental organizations. The Committee takes note in this regard of the specialized Assistance Programme, which victims of trafficking may enter voluntarily and be provided with the necessary emergency and assistance services based on an individual plan drawn up by a non-governmental organization.
Additionally, the Committee notes that the first objective of the National Programme 2019–23 pertained to assistance and protection and included tasks such as analysing the efficiency of the provided services, updating the programme of assistance and creating binding mechanisms to ensure cooperation between State authorities and private organizations in assistance to victims of trafficking. The Committee also notes, from the 2023 Situation Report, that challenges were identified in 2023 as regards the identification of victims and the number of such victims who enrolled in the Assistance Programme. In both cases, the numbers had decreased in 2023, in comparison with 2022. For instance, in 2023, 11 persons were enrolled in the Assistance Programme, which represents a 50 per cent decrease compared to 2022, when 22 victims entered the Assistance Programme. In this regard, the Committee takes note of the concern expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 31 May 2023, regarding the lack of measures in place to identify victims of trafficking among women in prostitution and to ensure victims are able to report such cases to law enforcement authorities without fear of reprisal (CEDAW/C/SVK/CO/7).
The Committee requests the Government to provide information on the implementation of the tasks of the National Programme aiming at ensuring the effective identification and protection of victims of trafficking in persons, particularly victims of trafficking for prostitution, as well as the challenges faced and priorities established in this regard in the next National Programme. It requests the Government to indicate the number of victims of trafficking who have entered the specialized Assistance Programme, to the extent possible disaggregated by sex and nature of the offence to which they were subjected.
3. Prosecution and penal sanctions. The Committee notes that section 179 of the Criminal Code (Act No. 300/2005) provides for the offence of trafficking in persons and institutes a penalty of imprisonment ranging between four and 10 years, as well as increased penalties in certain aggravating circumstances. Detection and investigation of trafficking in human beings is the responsibility of the National Unit to Combat Illegal Migration of the Bureau of the Border Police and the Alien Police of the Presidium of the Police Force. Criminal investigations are supervised by the Prosecutor´s Offices.
The Committee notes that the National Programme 2019–23 identified as a priority the improvement of the quality of detection and investigation of the crime of trafficking in persons with the objective to punish perpetrators. It established tasks for its achievement, including better defining the concepts of trafficking for the purpose of force labour as opposed to bad working conditions, establishing joint controls of business entities that can be affected by trafficking in persons, and deepening international police cooperation through joint investigation teams. The Committee further notes that the 2023 Situation Report reveals various statistics regarding prosecutions of cases of trafficking in persons, including that, in 2023, the NUFIM initiated 20 prosecutions in cases of trafficking under section 179 of the Criminal Code and that a total of 18 perpetrators were charged in 12 cases.
The Committee requests the Government to provide information on the measures taken to ensure the continued improvement of the efficiency of investigations and prosecutions in cases of trafficking in persons. It also requests the Government to continue to provide information on the number of investigations carried out and prosecutions initiated under section 179 of the Criminal Code, as well as on the number of convictions and nature of the penalties applied.
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