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

Portugal

Forced Labour Convention, 1930 (No. 29) (Ratification: 1956)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2020)

The Committee welcomes the ratification of the Protocol of 2014 to the Forced Labour Convention, 1930, and takes note of the Government’s first report as well as the information provided in reply to its comments concerning the Convention. It also notes the observations of the General Confederation of Portuguese Workers – National Trade Unions (CGTP–IN) and the General Workers’ Union (UGT), transmitted with the Government’s report.

Articles 1(1) and 2(1) of the Convention and Article 1(2) of the Protocol. Systematic and coordinated action against forced labour. The Committee notes the Government’s indication in its report that action against forced labour takes place in the context of a comprehensive effort, based on specific action plans against different forms of forced labour but also on broader action plans in the areas of employment, security, support and protection for migrants or the fight against poverty, which contribute to preventing and addressing the causes of forced labour. The Committee notes the information concerning the final follow-up report to the fourth national Action Plan for Preventing and Combating Human Trafficking (PNPCTSH), which indicates that 75 per cent of the actions planned were implemented. The strategic objective of “raising awareness of trafficking in persons” had an achievement rate of 77 per cent, that of “guaranteeing victims the exercise of their rights” a rate of 84 per cent and that of “strengthening action against organized criminal networks” a rate of 42 per cent. The Government indicates that a new action plan was made available for public consultation in October 2022 and that it envisages strengthening actions with a view to continuing and developing the previous plan. In this regard, the Committee notes, from the information available on the Government’s website, that a new public consultation was launched in November 2024 and that the relevant press release acknowledges that after the implementation of four plans between 2007 and 2021, there has been a break in strategic continuity that should be restored with the adoption of the fifth plan, covering the period 2025–27.

The Committee hopes that the Government will take all necessary measures with a view to the swift adoption and implementation of the fifth action plan for preventing and combating human trafficking. The Committee requests the Government to provide information in this regard as well as on the measures taken by the Commission for Citizenship and Gender Equality (CIG), the body responsible for coordinating activities in this area, to ensure systematic and coordinated action at the national level and monitoring of the implementation of the action plan. It requests the Government to provide information on the outcomes of the assessments undertaken in this regard. Lastly, the Committee requests the Government to indicate how systematic and coordinated action is implemented to combat other forms of forced labour.

Article 2 of the Protocol. Preventive measures. Clause (a) Data and awareness-raising. The Committee notes that the Observatory on Human Trafficking (OTSH) collects and disseminates, through its annual reports, qualitative and quantitative data on trafficking in persons based on reports forwarded from the criminal police and non-governmental organizations that use the victim identification indicators developed by the OTSH. The latest report published by the OTSH indicates a steady increase in the number of reports of trafficking cases between 2019 and 2023. In 2023, 650 reports were registered with 410 suspected victims confirmed, which represents an increase of 72 per cent in comparison with 2022. More than 80 per cent of victims were men and 82.7 per cent of cases involved trafficking for labour exploitation, the overwhelming majority in agriculture. The Committee notes that, in its observations, the UGT observes that there are discrepancies between the data published by the various entities and considers that there is a need to improve the quality of the data collected, to harmonize the indicators and analyses and to disseminate the results regularly, since the underestimation of trafficking in official statistics stands in contrast with its true extent and the increase in cases of forced labour in the country. The Committee encourages the Government to continue to ensure that comprehensive data are produced, published and widely disseminated to raise awareness among the public and the state actors concerned of the increase in cases of forced labour in the country. The Committee requests the Government to indicate how cases of labour exploitation amounting to forced labour without constituting the offence of trafficking are also included and analysed in the published data.

Clause (d). Protection of migrant workers in the recruitment and placement process. The Committee notes the information provided by the Government regarding the general measures for the protection of migrant workers in the context of monitoring their working conditions and welfare. It notes that one of the objectives of the National Implementation Plan for the Global Compact for Migration is to facilitate the fair and ethical recruitment of migrants and guarantee them decent work. One of the measures envisaged in this respect is to strengthen the capacity of labour inspectors and Integration, Migration and Asylum Agency (AIMA.IP) inspectors with regard to supervisory and certification mechanisms for recruiters, employers and service providers.

The Government refers to the legal regime governing private placement agencies and temporary employment agencies (Decree-Law No. 260/2009) and to the changes introduced in 2016 (Act No. 28/2016) to strengthen and establish penalties to combat forced labour throughout the labour recruitment and subcontracting chain, including enterprises that use temporary labour, agricultural undertakings and construction sites, extending civil and administrative liability to all those involved in the recruitment process. The Committee also notes that the Labour Code contains a number of provisions concerning the obligations of temporary employment agencies and provides for the temporary suspension of licensing including when the agency demands money from applicants for employment or in case of non-payment or late payment of wages. Such provisions also exist for private placement agencies (Decree-Law No. 260/2009). The Committee notes that, in its observations, the CGTP–IN indicates that migrant workers are lured to Portugal by recruitment agencies, often related to human trafficking networks and operating under the guise of temporary employment agencies, and are then wrongfully forced to live and work in inhumane conditions. The GCTP–IN observes that although Act No. 28/2016 was adopted more than 8 years ago, no penalty has been applied.

The Committee requests the Government to provide information on the measures taken to strengthen oversight of the activities of placement agencies and temporary employment agencies involved in the recruitment and placement of migrant workers to prevent them from falling victim to fraudulent or abusive practices. It requests the Government to provide statistical data on the inspections carried out, the violations detected and the penalties applied.

Clauses (e) and (f). Supporting due diligence by the public and private sectors. The Committee notes, from the evaluation of the implementation of the PNPCTSH, that the achievement rate of the measures to raise awareness of human trafficking among enterprises was evaluated at 17 per cent. The Committee requests the Government to provide specific information on the measures taken to support the public and private sectors, as part of their due diligence, in identifying, preventing and mitigating the risks of forced labour and addressing them. The Committee requests the Government to provide information on the results achieved in this respect.

Article 3 of the Protocol. Identification and protection of victims. The Committee notes the detailed information provided by the Government for the years 2019–22 concerning the number and characteristics of trafficking victims admitted to specialized facilities (Shelter and Protection Centre (CAP)), the assistance provided to them (medical, legal, vocational, granting of residence permits, assistance with voluntary return) and the various services available to them. The Committee also notes the information submitted on the system for reporting victims, the indicators developed by the OTSH in this regard, the national referral mechanism for victims and the network for the support and protection of trafficking victims (RAPVT). The RAPVT established a protocol for collaboration and information sharing between non-governmental organizations and official bodies in order to ensure protection for victims and measures for their reintegration. The Committee notes that under Act No. 23/2007, foreign nationals who are victims of criminal offences related to human trafficking are entitled to a residence permit valid for one year (renewable), even if they entered the country illegally, if they cooperate with the judicial authorities. Permits are granted at the end of the reflection period granted automatically by the AIMA.IP to suspected victims of trafficking in which to recover and escape the influence of the perpetrators of the offences (between 30 and 60 days).

The Committee encourages the Government to pursue its efforts to identify and ensure adequate protection for all victims of forced labour with a view to their recovery and rehabilitation. It requests the Government to provide information in this regard and to indicate whether the mechanisms established for the victims of trafficking referred to above also apply to victims of labour exploitation amounting to forced labour without constituting the offence of trafficking.

Article 4(1) of the Protocol. Access to remedies. The Committee takes due note of the information provided by the Government concerning the legal mechanisms in place to facilitate access to justice for victims of forced labour. In particular, it notes the electronic complaints system (SQE), hosted on the national internal security network (RNSI), which allows advice and support to be provided to suspected victims; the system of legal assistance for people in financial difficulty; and exemption from litigation fees for victims of trafficking and slavery throughout criminal proceedings.

With regard to compensation for damages suffered, the Committee notes that the law defining the objectives of criminal policy (Act No. 51/2023) stipulates that the protection of victims and compensation for damages suffered as a result of a violation are a priority, and that victims must receive proper information and the support that they need in order to exercise their rights. In general, compensation must be requested by the victim, during the course of criminal judicial proceedings, who informs the police or the Office of the Public Prosecutor during the investigation. Act No. 104/2009 on the award of compensation to the victims of serious crimes provides that victims may receive advance compensation from the State, even if they have not or are unable to attend during the course of criminal proceedings. Such compensation is to be paid by the Committee for the Protection of Crime Victims. The Committee also notes the Government’s indication that in 2021, no applications for compensation were filed with the Committee concerned, either by victims, the Office of the Public Prosecutor or non-governmental organizations. The Government does not provide information for the other years. The Committee notes, from the 2023 annual report of the OTSH, that in April 2023, the Porto Court of First Instance sentenced a person convicted of trafficking, in addition to a penalty of imprisonment, to pay compensation to the victims for the wrongs suffered in the amount of €90,000.

In view of the low number of victims of forced labour who have received compensation, the Committee requests the Government to pursue its efforts to ensure that all victims of forced labour actually receive compensation. The Committee requests the Government to provide information in this respect, distinguishing compensation paid by the perpetrator of an offence in the context of criminal or civil proceedings from compensation awarded by the State.

Article 25 of the Convention and Article 1(1) of the Protocol. Suppression and imposition of effective penalties. The Committee notes the detailed information provided by the Government on the different bodies responsible for ensuring compliance with the law which are involved in combating forced labour and on the manner in which they cooperate. The Committee notes in particular: the action of the Labour Inspectorate (ACT), which inspects not only workplaces but also placement and and temporary employment agencies; the role of the Central Criminal Investigation and Prosecution Department (DCIAP), the body responsible for coordinating and managing investigations and the prevention of violent crime; and, also, the AIMA.IP.

The Committee notes that the CGTP–IN claims in its observations that labour exploitation, particularly in agricultural areas, is basically beyond the scope of inspection, especially because of the lack of capacity of the authorities to check workers’ living and working conditions, and the abuses to which they are exposed. The UGT also refers to the ineffectiveness of the action of the ACT.

With regard to judicial proceedings instituted, the Committee notes the information provided by the Government, deriving from OTSH annual reports, on judicial proceedings instituted and convictions secured in relation to trafficking in persons. It notes that the Government provides no information on cases of forced labour not associated with the crime of trafficking in persons. The Committee further notes that the Penal Code also provides for the penalty of imprisonment for perpetrators of offences involving forced labour, other secondary penalties which can be imposed on both individuals and associations such as a ban on the performance of certain functions or the suspension thereof, withdrawal of the right to subsidies or to public assistance, the obligation to refund some or all benefits, assistance or public subsidies received, closure of the establishment, publication of the conviction ruling, or seizure or confiscation of money or property for allocation to the prevention of trafficking in persons.

The Committee requests the Government to provide information on the steps taken to strengthen the capacities of the labour inspectorate and those involved in the criminal justice system so that they are fully capable of identifying cases of trafficking in persons and any other type of forced labour including in sectors identified as being high-risk, such as agriculture or construction. The Committee also requests the Government to provide information on this matter and on the judicial prosecutions instituted and court rulings handed down with regard to trafficking in persons and cases of labour exploitation not related to trafficking, and also on the principal and secondary penalties imposed on individuals and enterprises responsible, including confiscation of their assets and property.

Articles 1(1) and 2(1) of the Convention. Impact of refusal to perform socially necessary work on entitlement to unemployment benefits. With regard to the obligation of unemployed persons to accept socially necessary work or otherwise lose their entitlement to unemployment benefits, the Committee notes the argument already put forward by the Government that socially useful work is an alternative to the existence of suitable employment, that beneficiaries derive occupational, financial and personal advantages from it, that they can submit a non-contentious appeal, and that they have four days in which to continue their search for employment. The Committee notes, according to the statistics provided by the Government, that the number of recipients of unemployment benefits who have been requested to perform socially necessary work under an employment insertion contract (CEI) has been in constant decline since 2016, decreasing from 42,149 to 18,642 in 2022. Out of these 18,642 requests, 9,518 unemployed persons actually performed socially necessary work, 287 refused and 155 lost their entitlement to unemployment benefits. The Government also indicates that the grounds for refusal are not known, nor is it possible to determine the time at which employment services ask recipients of unemployment benefits to accept socially useful work but that this type of work is primarily proposed to persons with disabilities, long-term unemployed persons or individuals over 45 years of age. Lastly, the Government reiterates that the services of the Employment and Vocational Training Institute (managed on a tripartite basis) checks, among other things, whether socially necessary work comes under the heading of temporary activities and does not correspond to an actual post.

The Committee notes that the CGTP–IN once again refers in its observations to the pressure exerted on the recipients of unemployment benefits to accept socially necessary work under CEIs, and claims that the Government has not launched negotiations with the social partners (at least to the CGTP–IN’s knowledge) in order to modify the terms of CEIs, and that CEIs enable permanent jobs to be filled, including in administration and public services.

The Committee notes that the number of unemployed persons asked to perform socially necessary work has been steadily declining since 2016, that the number of those who actually perform such work is half the number of those asked to do so, and that refusals are accepted. The Committee therefore requests the Government to continue providing information on the steps taken to ensure that the obligation to perform socially necessary work under CEIs relates to unemployed persons whose unemployment benefit entitlement is coming to an end in such a way that persons who have just lost their job have a reasonable period of time to undertake a full-time search for suitable, freely chosen employment without the risk of losing their entitlement to unemployment benefits. The Committee also requests the Government to indicate whether specific consultations with the social partners on this matter are envisaged.