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

Forced Labour Convention, 1930 (No. 29) - Ukraine (Ratification: 1956)

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Action Plan.Implementation and assessment. The Committee notes the adoption of the State targeted social programme for combating trafficking in persons for the period up to 2025 (Programme) by the Resolution of the Cabinet of Ministers of 2 June 2023, No. 496. The Programme contains various tasks and activities to strengthen the legislative and institutional framework, prevent trafficking in persons, protect victims of trafficking, and improve data collection and exchange of information among entities concerned. According to the Programme, the Ministry of Social Policy, in cooperation with other state authorities, local self-government bodies, higher education and scientific institutions, civil society organizations, and international organizations, will evaluate the implementation of the Programme. The Committee requests the Government to provide information on the measures taken to implement the Programme as well as on the assessment of its implementation, including a summary of the main findings and proposals made.
2. Protection and assistance for victims. The Committee notes that in its 2023 reply to the questionnaire of the Group of Experts on Action against Trafficking in Human Beings (GRETA) for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, the Government refers to the adoption of legislative provisions to ensure the provision of assistance services to victims of trafficking, including shelter, mobile team, day centre for social and psychological assistance and counselling service. According to the data provided by the Government, 72 women and 54 men were identified as victims of trafficking in 2022, and four men and seven women were identified during the first five months of 2023. The Committee requests the Government to continue to provide information on the measures taken to ensure the proper identification and protection of victims of trafficking for both labour and sexual exploitation, and to indicate the number of those who have benefited from assistance services and the nature of the services provided.
3. Law enforcement. The Government indicates that the Main Pre-Trial Proceedings Department of the National Police takes measures to ensure proper investigations of trafficking in persons offences, including through strengthened collaboration with the Office of the Prosecutor General, competent authorities of foreign states, and civil society organizations. The Government further indicates that in 2022, the National Police detected 134 cases of trafficking in persons. Out of 144 pending criminal proceedings, 32 cases of trafficking in persons were considered by the court, which resulted in 27 convictions (while 112 cases remain pending). The Government further indicates that there were also 18 final court decisions in which two persons were sentenced to imprisonment, one person was fined, and 15 persons were released on probation, in accordance with section 149 “trafficking in persons” of the Penal Code. Recalling that under Article 25 of the Convention the illegal exaction of forced labour shall be punishable as a penal offence with adequate penalties and noting that only two persons were sentenced to imprisonment, while one person was fined and 15 persons were granted probation, the Committee requests the Government to strengthen the capacity of law enforcement bodies and its legal framework to ensure prompt and effective investigation that can lead to prosecution and the imposition of sufficiently dissuasive penalties on perpetrators of trafficking in persons. The Committee requests the Government to continue to provide information in this regard, including the number of investigations, prosecutions, convictions as well as the specific penalties applied under section 149 of the Penal.
4. Vulnerability of displaced people and refugees to trafficking in persons. According to the Government, given the significant number of internally displaced persons and refugees abroad, countering trafficking in persons has been identified as one of the priority areas of work for the migration police units. In this respect, the Migration Police Department (MPD) of the National Police has established effective cooperation with Europol, Interpol and law enforcement agencies of European countries to prevent trafficking of Ukrainian citizens who have temporarily left the country. As of May 2023, 82 reports regarding possible trafficking of Ukrainian citizens were recorded in European countries.
The Committee further takes due note of the comprehensive measures taken since the start of the war to raise public awareness on safe employment and the risks of falling into a situation of trafficking in persons for labour exploitation. These measures include, for example, 1) the production of several videos, posters, and booklets, as well as the distribution of informational materials near border checkpoints, train stations and other locations; (2) the creation of a page on the website of the State Labour Service for citizens working abroad; (3) the conduct of awareness campaigns among citizens traveling abroad; and (4) the setup of two chatbots “Stay Safe” and “Savewomen” to inform on the risks of trafficking in persons and contact details of institutions which may provide relevant assistance in Ukraine and abroad.
Acknowledging the complexity of the situation on the ground and the presence of an armed conflict in the country, the Committee requests the Government to continue to raise awareness and provide assistance to displaced persons and refugees, who are placed in a vulnerable situation, in order to prevent them becoming victims of trafficking in persons. The Committee further encourages the Government to pursue international cooperation efforts in this regard.
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