Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Switzerland (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments the Committee noted that section 182 of the Penal Code had been amended to prohibit and penalize any person who engages in the trafficking of human beings for, among other purposes, sexual or labour exploitation. It also noted that, by virtue of this provision, the act of procuring a person for these ends is deemed equivalent to trafficking. When the victim is a minor, more severe penalties are imposed, and any person who has committed the offence abroad may be charged, prosecuted and convicted if the person is on Swiss territory and is not extradited. The Committee asked the Government to provide information on the application of section 182 of the Penal Code in practice.

The Committee notes the Government’s indication that section 182 of the Penal Code does not distinguish between the recognized forms of trafficking of human beings. Nor do the statistics on criminal convictions allow any disaggregation according to the age of the victims, even though the trafficking of minors constitutes an aggravated form of the offence under section 182(2) of the Penal Code. The Government indicates that the creation of differentiated codes for police statistics might be proposed to the cantons in the future. In the meantime, the only other statistical sources in this field are those relating to assistance for victims and criminal convictions, which are more limited. All the same, the Government indicates that the statistics on criminal convictions show eight convictions for human trafficking in 2007, eight in 2008 and nine in 2009. The Government also indicates that new police statistics on criminal offences show that 50 offences were recorded under section 182 of the Penal Code in 2009. Of these, 11 presumed victims were under 18 years of age at the time of the offence. In 2010, the corresponding group of statistics indicates 52 offences and 13 victims presumed to be under 18 years of age. The Committee also notes the Government’s reference to the UNICEF report of 2007 on the trafficking of children in Switzerland, which states that available information suggests that the trafficking of children is limited to isolated cases, and to the Terre des Hommes report of 2010, which indicates that the main issue is the exploitation of minors for use in burglaries or begging.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 24 of the Penal Code provides that any person who wilfully persuades another person to commit an offence or crime shall be liable, if the offence is committed, to the penalty established for the perpetrator of the offence, and that any person endeavouring to persuade another person to commit an offence shall be liable to the penalty established for attempts to commit that offence. It noted the information provided by the Government that section 24 of the Penal Code covers all cases in which a person incites another – regardless of age – to commit offences. It asked the Government to provide information on the application in practice of section 24 of the Penal Code, including statistics on the number of persons prosecuted under this provision for having “persuaded” a person under 18 years of age to commit illegal acts.

The Committee notes the Government’s indication that the statistics on criminal convictions under section 24 of the Penal Code do not allow any link to be established between the conviction of the instigator and that of the actual perpetrator of the offence, namely the minor concerned. It is therefore impossible to know how many persons have “persuaded” minors to commit offences. Moreover, the Committee notes the Government’s indication that, in the Swiss context, the question of the use, procuring or offering of children for illicit activities mainly concerns minors of Roma origin used for burglaries or begging. The Government indicates, however, that the investigation procedure faces difficulties when it comes to investigating within the communities, that convictions are rare and for that reason no data exist for Switzerland. However, the Committee notes that a working group was set up in 2010 to raise awareness among the cantonal and municipal authorities as regards children who engage in begging, to establish standards for instituting criminal proceedings against the perpetrators and to create mechanisms for cooperation at national level for the protection of minors and the regulation of procedures for taking care of children apprehended for begging. Finally, the Committee notes that the Swiss Coordination Unit against the Trafficking of Persons and Smuggling of Migrants held a meeting in February 2011 with the foreigners’ department of the Berne city police, the municipal police of Zurich and the Federal Criminal Police (PJF). The purpose of the meeting was to achieve an overview of police reports established in Geneva, Berne and Zurich and to seek solutions to the problems faced in terms of investigation procedures.

Article 5. Monitoring mechanisms. Departments dealing with the trafficking of persons, paedophilia and pornography. The Committee notes the Government’s indication that, in 2007, departments dealing with the trafficking of persons, paedophilia and pornography were established within the PJF, resulting in improvements in the preparation of cases, coordination between cantons, and the progress of interventions, evaluations and media work. The Committee asked the Government to provide information on the action taken by these departments against both the trafficking of children and the use of children for the production of pornography.

The Committee notes the Government’s indication that the PJF, inter alia, discharges the role of a central office. One of the two departments established is responsible for action against the trafficking of persons and smuggling of migrants, the other is responsible for action against paedophilia and illegal pornography. They support the criminal prosecution authorities in Switzerland and abroad, coordinate investigation procedures and ensure the exchange of information between the criminal police and the cantons, the criminal prosecution authorities of other States, Interpol and Europol. In 2010, the department responsible for action against the trafficking of persons handled 259 cases involving the coordination of investigations concerning sexual exploitation and six cases involving the exploitation of labour. Moreover, the Committee notes the Government’s indication that the National Coordination Unit against Internet Crime (SCOCI), attached to the PJF since 2010, works in close cooperation with the departments. It constitutes the central point of contact for persons wishing to report any suspect websites, and the SCOCI forwards the information received to the competent criminal prosecution authorities in Switzerland and abroad.