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

Forced Labour Convention, 1930 (No. 29) - Switzerland (Ratification: 1940)
Protocol of 2014 to the Forced Labour Convention, 1930 - Switzerland (Ratification: 2017)

Articles 1(1) and 2(1) of the Convention and Article 1(2) of the Protocol. Systematic and coordinated action against forced labour. In reply to the Committee’s request concerning the evaluation of the implementation of the “National Plan of Action against human trafficking 2017–20”, the Government indicates in its report that this was conducted by the Federal Police Office (FEDPOL) in 2021 and revealed that most of the 28 planned measures have been implemented. The third “National Plan of Action against human trafficking 2023–27” (PAN 2023-27), formulated by FEDPOL in collaboration with a number of experts, was approved by several political authorities in order to strengthen its binding nature and receive wide political backing. The Plan lays down 44 actions, distributed across seven strategic objectives, including the implementation of measures by the cantons, training for entities involved in anti-trafficking action, and the provision of protection and assistance for victims.

With regard to institutional coordination at the federal level, the Government indicates that the Service for Action against Human Trafficking and Migrant Smuggling (SETT) has been part of the FEDPOL National Crime Prevention and Law Division since April 2022. The Government adds that FEDPOL is now responsible for the national coordination of efforts to combat trafficking in persons and for designing strategies, such as the National Plan of Action. Furthermore, a national group of experts against human trafficking and migrant smuggling (GNETT), composed of experts from the official departments concerned and from civil society, has been set up to provide support for FEDPOL and other services.

The Government emphasizes that coordination at the cantonal level between the different services occurs through cantonal round tables. It explains that their functioning is a cantonal prerogative and their organization can vary from one canton to another. In this regard, the Committee notes the Government’s reference to a report entitled “Action against human trafficking in the cantonal context”, published in 2022 by the Swiss Human Rights Centre (CSDH), which reveals the diversity of approaches in cantonal action against trafficking in persons. The report underlines the fact that not all cantons have yet established round tables or institutional cooperation mechanisms. In this regard, the Committee notes that the Group of Experts on Action against Trafficking in Human Beings (GRETA), in its 2024 report, indicates that cantonal round tables have been established in 20 out of 26 cantons in the country. The Government indicates that the PAN 2023–27 requires all cantons to have a cooperation mechanism for action against trafficking in persons by 2027.

The Committee encourages the Government to pursue its institutional coordination of action against trafficking in persons and requests it to provide information on the results achieved in the context of the “National Plan of Action against human trafficking 2023–27”, including in relation to cantonal coordination mechanisms, and also on the main conclusions and recommendations resulting from the evaluation of the implementation of the Plan.

Article 2 of the Protocol. Preventive measures. Clauses (e) and (f). Supporting due diligence in the public and private sectors. Further to its previous comments, the Committee notes the Government’s reference to the National Plan of Action 2020–23 for the implementation of the United Nations (UN) Guiding Principles on Business and Human Rights. The Government emphasizes that difficulties exist regarding the implementation of due diligence procedures with respect to human rights, particularly for small and medium-sized enterprises (SMEs). It indicates that awareness-raising workshops on due diligence with respect to human rights have been organized with sectoral organizations, including a focus on forced labour. Moreover, the Swiss “Business and Human Rights” forum was launched in 2021, with forced labour an area of discussion. The Government also indicates that the PAN 2023–27 includes awareness-raising in the private sector with regard to trafficking in persons for labour exploitation. The Committee notes that new provisions incorporated into the Code of Obligations on 1 January 2022 require major Swiss companies to draw up a report including information on conditions of work and respect for human rights. The companies are due to submit their first reports covering 2023.

The Committee requests the Government to continue supporting the public and private sectors in exercising the requisite due diligence in order to identify, prevent, reduce and address the risks of forced labour. The Committee also requests the Government to provide information on the results achieved in this respect, particularly through the National Plan of Action 2020-23 for the implementation of the United Nations (UN) Guiding Principles on Business and Human Rights, and on the evaluation of the implementation of this Plan.

Article 3 of the Protocol. (i) Identification and protection of victims. The Government indicates that the number of victims of trafficking identified by the police was 55 in 2020 (43 for sexual exploitation and 12 for labour exploitation), 62 in 2021 (29 for sexual exploitation and 33 for labour exploitation), and 38 in 2022 (27 for sexual exploitation and 11 for labour exploitation). As regards assistance provided to victims under the Federal Act on assistance for crime victims (LAVI), the Government indicates that it does not have a national database on the accommodation of trafficking victims in specialist hostels. It refers to two hostels, one in the canton of Vaud, with 15 places for women trafficking victims, and one in the canton of Geneva for women victims of trafficking and domestic violence, where 18 women who had been trafficked were accommodated in 2021. The Government indicates that men are lodged in hotels or through cooperation agreements with cantonal partners. As regards the other cantons, the Government emphasizes that victims are general accommodated in houses for adults facing difficulties, in hostels for women victims of domestic violence or in hotels. The Government also indicates that, according to the Federal Office of Statistics, 254 trafficking victims were granted appointments with a view to receiving assistance in 2020, with 271 and 264 the equivalent figures for 2021 and 2022, respectively.

The Committee further notes that the PAN 2023–27 stipulates that: (i) all cantons must designate a service with specialist knowledge regarding the identification of trafficking victims and the provision of care for them; (ii) all trafficking victims must benefit from services regardless of where the exploitation occurs; and (iii) standardized procedures and minimum standards for the provision of protection and assistance to victims must be adopted and incorporated into cantonal cooperation agreements or guiding principles, in order to standardize processes throughout the country.

The Committee encourages the Government to pursue its efforts to identify all trafficking victims and ensure adequate protection for them with a view to their recovery and rehabilitation, particularly through the adoption of standardized procedures and minimum standards for the provision of protection and assistance to trafficking victims. The Committee requests the Government to indicate progress made on implementing actions established in the PAN 2023–27 for the provision of protection and assistance to victims and to supply information on the number of victims who have been identified and have benefited from assistance services, and on the type of services provided.

(ii) Period of recovery and reflection. In reply to the Committee’s requests concerning the application in practice of section 35(3) of the Federal Council Ordinance on entry, residence and income-generating activities (OASA), which allows the 30-day minimum period of recovery and reflection for trafficking victims to be terminated early, the Government indicates that any premature termination of the reflection period is not recorded in the statistics. The Government explains that the reflection period was granted in 29 cases in 2022. The Committee notes that GRETA emphasizes in its 2024 report that, according to the NGOs contacted, early terminations of the recovery and reflection period persist where victims have been unwilling to cooperate with the authorities, and certain victims may feel that they are being pressurized by the authorities to decide to testify even before the expiry of the recovery and reflection period. Considering that the granting of a period of recovery and reflection is essential to ensure that trafficking victims, regardless of their legal status, benefit from the protection and assistance measures prescribed by the Protocol, the Committee requests the Government to indicate the number of cases in which the above-mentioned provisions of the OASA have been applied, allowing the recovery and reflection period to be terminated early, and the circumstances justifying their application. The Committee also requests the Government to indicate the number of victims who have benefited from the recovery period and the average duration of that period.

(iii) Identification of trafficking victims among asylum-seekers. As regards the activities of the working group on asylum and trafficking, established under the auspices of the State Secretariat for Migration (SEM), to ensure the identification of possible trafficking victims among asylum-seekers, the Government indicates that further to the recommendations of the May 2021 report of the working group on asylum and trafficking, the SEM has adopted a number of measures, including: (i) systematically holding a specific hearing whenever there is evidence of trafficking in persons in the context of the asylum procedure; (ii) granting a 30-day recovery and reflection period for potential trafficking victims involved in the asylum procedure; and (iii) setting up training and working tools for SEM staff.

The Committee also notes that the PAN 2017–23 makes provision for further improving the identification of potential trafficking victims among asylum-seekers and providing protection and assistance for them and for considering whether external accommodation should be provided in cases where the safety of a potential trafficking victim cannot be guaranteed in the accommodation structures of the federal centres for asylum-seekers (CFAs). According to the Government, as a result of the measures implemented, the number of instances of detection of trafficking victims in the asylum procedure has increased in general since 2018. A total of 80 potential trafficking victims were detected in 2019, 90 in 2020, 79 in 2021 and 123 in 2022. The Committee welcomes the measures taken by the Government and requests it to continue its efforts to identify trafficking victims among asylum-seekers.

Article 4(1) of the Protocol. Access to remedies and compensation. The Committee recalls that trafficking victims are entitled to claim compensation from the perpetrators under the judicial procedure, or from the State if debtors pay insufficient or no compensation. The Government indicates that 17 human trafficking victims received compensation in 2020 and 2021, as did 23 in 2022. According to the Federal Office of Statistics, nine compensation awards were accepted in 2023. The Committee notes that the PAN 2023-27 provides for the organization in 2024 of a training day for the competent cantonal authorities and lawyers on the LAVI, including the issue of compensation. In view of the low number of trafficking victims who have received compensation, the Committee requests the Government to continue its efforts to ensure that all victims of forced labour are in a position to assert their rights and actually have access to compensation. The Committee requests the Government to provide information on this matter, with a distinction made between compensation paid by the offender in the context of the criminal or civil procedure and compensation awarded by the State.

Article 4(2). Non-prosecution of victims for acts committed under duress. Further to its request regarding the measures taken to ensure that trafficking victims are not prosecuted for acts committed under duress, the Committee notes the Government’s indication that the PAN 2023-27 explicitly provides that this principle of not imposing penalties shall continue to feature in the training programme for criminal prosecution authorities and border guards. The PAN also provides that cantonal directives are to be issued by 2025 to public prosecution services concerning the importance and application of the rule of exemption from penalties for acts which victims have been compelled to commit. The Committee notes that GRETA expresses concern in its 2024 report at claims that trafficking victims have been prosecuted for illicit activities despite their victim status having been clearly established. The Committee requests the Government to continue its capacity-building activities in this regard and report on progress made towards ensuring that trafficking victims who have taken part in illicit activities under duress are not prosecuted or penalized.

Article 25 of the Convention and Article 1(3) of the Protocol. (i) Definition and criminalization of forced labour. Labour exploitation. As regards the criminalization of situations of forced labour other than trafficking in persons, the Government reiterates that situations of labour exploitation not involving trafficking are already prosecuted under other provisions of the Penal Code. It also indicates that the Federal Office of Justice is considering whether to make labour exploitation a separate offence. In this regard, the Committee notes that the PAN 2023–27 plans to examine the possibility of establishing a specific offence for labour exploitation. A report on this issue is expected by 2025. The Committee requests the Government to indicate the results of this examination and any measures taken subsequently. It also requests the Government to provide information on the number of cases identified and prosecutions initiated with regard to cases of labour exploitation not involving trafficking, indicating the legal provisions invoked and the protection measures afforded to victims.

(ii) Prosecution and imposition of penalties. The Committee notes the Government’s indication that 71 violations of section 182 of the Penal Code relating to trafficking in persons were recorded by the police in 2021 (of which 40 involved labour exploitation and 31 sexual exploitation), and 63 offences were recorded in 2022 (45 involving sexual exploitation and 18 labour exploitation). The Committee observes that, according to the Federal Office of Statistics, 74 offences were recorded by the police in 2023 (51 relating to sexual exploitation and 23 relating to labour exploitation). It also notes that the Federal Office of Statistics indicates that the number of persons convicted under section 182 of the Penal Code was 13 in 2021, seven in 2022 and eight in 2023. The Committee notes that GRETA expresses concern in its 2024 report at the low number of prosecutions and convictions in trafficking cases, and also at the excessive length of criminal proceedings in some cases.

The Committee notes the Government’s indication that 80 inspectors in 18 cantons attended awareness-raising workshops in 2021 and 2022 relating to human trafficking and that specialist training for the criminal prosecution authorities on trafficking in persons is ongoing. The Government also refers to the platform established in 2021 for meetings between prosecutors specializing in human trafficking cases, enabling exchanges of information and good practices between public prosecution services. In this regard, the Committee notes that the PAN 2023–27 provides for drawing up a training plan for all professional groups, enabling regular training and awareness-raising activities, for training to be organized for police and public prosecution specialists, and for awareness-raising to be conducted for non-specialist members of the prosecution services, grassroots police services and the Federal Office for Customs and Border Security (OFDF). The Committee notes the indication in the 2024 GRETA report that police units and prosecutors specializing in action against trafficking in persons exist in about two thirds of the cantons.

The Committee encourages the Government to continue capacity-building for all parties involved in the criminal prosecution system (particularly law enforcement bodies, the public prosecution service and the judiciary), so that they are fully capable of identifying cases of trafficking in persons and any other forms of forced labour, and of conducting investigations that can culminate in judicial proceedings. The Committee requests the Government to continue providing information on the application in practice of section 182 of the Penal Code, including the number of trafficking cases identified, prosecutions initiated, convictions handed down and penalties imposed on convicted offenders.

Article 5 of the Protocol. International cooperation. The Committee notes the detailed information sent by the Government on the measures taken in the context of international cooperation, particularly concerning projects providing support for countries of origin of trafficking victims.

Article 6 of the Protocol. Consultation of employers’ and workers’ organizations. The Committee notes the Government’s indication, in reply to its previous comment, that the national group of experts against human trafficking and migrant smuggling (GNETT), which took part in the formulation of the third Plan of Action in 2022, now includes the social partners. The PAN 2023-27 also requires the social partners to be invited to all cantonal round tables on anti-trafficking action.