Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Suecia (Ratificación : 1931)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Suecia (Ratificación : 2017)

The Committee notes the observations of the Swedish Confederation for Professional Employees (TCO), the Swedish Confederation of Professional Associations (SACO) and the Swedish Trade Union Confederation (LO) received on 13 September 2024. The Committee requests the Government to provide its comments on these observations.

The Committee takes note of the information provided by the Government on measures taken to address the root causes and factors that heighten the risks of forced labour (Article 2, clause (f) of the Protocol) as well as on international cooperation initiatives (Article 5 of the Protocol)

Article 1(1) of the Convention and Article 1(1) and (2) of the Protocol. National policy and systematic and coordinated action. In its previous comments, the Committee requested the Government to provide further information on the implementation of the National Action Plan to combat prostitution and trafficking in human beings adopted in 2018 and the activities of the Gender Equality Agency (GEA), which is responsible for combating prostitution and trafficking in persons. The Government indicates in its report that the activities of the GEA include coordinating the fight against trafficking in persons, developing cooperation between relevant stakeholders, assisting authorities with methodological support and skills development, and promoting the development of measures to prevent trafficking in persons. The GEA integrates the issue of trafficking for forced labour into all its core activities as well as into specific activities focusing on trafficking for forced labour. It coordinates the 16 regional coordinators against prostitution and human trafficking across the country, whose role consists of advising professionals in cases of trafficking in persons, promoting cooperation on trafficking in persons at regional and local level, conducting training courses and helping to ensure that victims have access to support and protection. The Government also states that the National Task Force against Prostitution and Human Trafficking (NMT) meets four times a year, with bi-annual thematic meetings.

The Committee encourages the Government to pursue its efforts to combat all forms of forced labour, including trafficking in persons, and requests it to provide information on the activities carried out by the Gender Equality Agency to ensure systematic and coordinated action in this regard by the competent authorities, including the National Task Force against Prostitution and Human Trafficking and the regional coordinators against prostitution and human trafficking. The Committee also requests the Government to provide specific information on the implementation of the National Action Plan to combat prostitution and trafficking in human beings, specifying whether an assessment of the national action to combat trafficking in persons has been undertaken, the difficulties identified, and the steps taken to overcome them.

Article 2 of the Protocol. Preventive measures. Clause (b). Educating and informing employers. In response to the Committee’s requests on the measures taken to educate and inform employers about trafficking for labour exploitation and other forms of forced labour, the Government indicates that the knowledge and materials, such as online training on trafficking, prepared by the GEA for professionals working on trafficking, can be used by all employers. The Committee requests the Government to indicate if targeted measures are envisaged to raise awareness and inform employers about forced labour, including trafficking in persons and labour exploitation, and to specify the measures taken to ensure that they have access to GEA’s tools on trafficking in persons.

Clause (d). Protecting migrant workers during the recruitment and placement process. In its previous comments, the Committee noted that the Agency Work Act provides for an umbrella organization to supervise the activities of temporary work agencies and companies renting out staff for temporary work. The Committee requested the Government to provide information on the measures taken to prevent risks of trafficking and labour exploitation in the activities of temporary work agencies. The Committee notes that the Government refers to the adoption of the Law of 20 April 2022 to tighten and improve current rules regarding labour immigration, which provides, among other things, that: (i) employers may be obliged to notify if employment conditions change and become less favourable; (ii) the Swedish Migration Agency (SMA) shall be able to require an employer to report the working conditions of a foreigner who has been granted a work permit. The Government also refers to the situation of berry pickers and points out that the Swedish Municipal Workers’ Union (SKAF) has the opportunity to make a statement on the employment conditions of berry pickers. Furthermore, according to the SMA, there were more work permit rejections in 2023 than previously for berry-pickers from Thailand, and these rejections were issued as a result of deeper controls carried out by the SMA following information on false employment contracts and non-payment of wages.

The Committee requests the Government to continue to provide information on the measures taken to protect migrant workers from abusive and fraudulent practices during the recruitment and placement process, in particular by temporary work agencies, and to indicate how these agencies are supervised with a view to prevent the occurrence of such practices.The Committee also refers to its comments on the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), in relation to the enforcement of the Foreign Posting of Employees Act.

Article 3 of the Protocol. (i) Identification of victims. Following the Committee’s requests regarding the collection of statistics on victims identified, the Government indicates that 375 victims of trafficking or human exploitation were identified in 2022 (including 130 cases of trafficking for forced labour or labour exploitation and 174 cases of trafficking for sexual purposes), and 490 in 2021 (including 145 cases of trafficking for forced labour or labour exploitation and 249 cases of trafficking for sexual purposes). The Government specifies that the GEA is responsible for collecting information on suspected victims of trafficking who are identified by the regional coordinators or through the national helpline for professionals run by the GEA. The Government points out that the identification of victims of trafficking for forced labour has increased rapidly in recent years, thanks to the increased efforts of several authorities to combat trafficking for forced labour. This development in the number of identified victims can be seen as a positive development, as it can be assumed that the actual number of victims is much higher.

The Committee further notes that, according to the 2023 report of the Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA), the SMA has developed internal procedures to be followed by case officers in cases of suspected trafficking in persons. The SMA has provided training on trafficking in persons to its employees and has increased its efforts to identify victims of trafficking in the asylum procedure and in reception centres, in recent years. The SMA identified 515 presumed victims of trafficking in 2022 and 261 in 2021. The GRETA report points out that not all cases reported to the police by the SMA are treated as victims of trafficking because the police seem to apply a higher threshold when identifying victims amongst persons who were not exploited in Sweden, but in another country prior to arriving in Sweden. The Committee encourages the Government to pursue its efforts to ensure the proper identification of all victims of forced labour, regardless of the place of exploitation and including among refugees or asylum seekers, and requests it to continue to provide information on the number of victims of trafficking in persons and human exploitation identified.

(ii) Protection and assistance of victims. In terms of support and protection granted to victims, the Government indicates that the GEA is responsible for the National Referral Mechanism (NRM), which provides support and practical guidance to professionals who encounter victims of trafficking, and gives a general overview of the support and protection available to victims. In 2023, the GEA launched a digital version of the NRM, accessible on the GEA website. The Government further indicates that the GEA funds the Assisted voluntary return and reintegration Programme for victims of trafficking (AVRRPTIP) implemented by the IOM, through which 30 people received support in 2022, and 61 in 2021. The GEA also funds the National Support Programme (NSP), which provides additional support to victims of trafficking trough a number of NGOs, with a function complementary to that of the public authorities. The NSP certifies new shelters and addresses the needs for accommodation of victims of trafficking. Support also includes legal advice and funding for specific needs such as access to an interpreter. The Government indicates that in 2022, 62 victims of trafficking received support under the NSP Programme, and 39 in 2021.

The Committee notes that the GRETA indicates, in its 2023 report, that it appears that the regional coordinators responsible for the coordination of victims’ access to assistance services are not always informed on time about possible cases of trafficking. GRETA was informed that the availability of services greatly varies depending on the municipality. In addition, according to the GRETA report, the number of persons who were granted a recovery and reflection period was as follows: 9 in 2021 and 17 as of September 2022. The Committee requests the Government to pursue its efforts to ensure effective protection, recovery and rehabilitation for all victims of forced labour throughout the country, including the benefit of a reflection period. Please continue to provide information on the number of victims who have benefited from assistance and protection services, and on the nature of the services provided to them.

Article 4(1) of the Protocol. Access to remedies. Compensation. The Committee recalls that victims of trafficking may claim compensation by the State from the Swedish Crime Victim Compensation and Support Authority, or lodge a private claim for compensation to be paid by the offender. The Committee notes that the government has not provided statistical information in this regard. It further notes that GRETA indicates in its 2023 report that no statistics were available regarding compensation from perpetrators awarded to victims of trafficking in criminal proceedings. If the offender is unable to pay or not identified and there is no insurance to cover the injuries, State compensation may be granted. The GRETA report indicates that six victims of trafficking were granted State compensation in 2021 and one victim in 2022, and that the Swedish Prosecution has issued guidelines on compensation for prosecutors.

In view of the low number of victims of trafficking who have received compensation, the Committee requests the Government to take the necessary measures to ensure that all victims of forced labour are informed of their rights to claim compensation and are able to assert these rights and have access to effective remedies, including compensation. The Committee requests the Government to provide information in this regard, and to indicate the number of victims of trafficking or human exploitation who have received: (i) compensation from the perpetrator; or (ii) State compensation from the Swedish Crime Victim Compensation and Support Authority.

Article 6 of the Protocol. Consultation with social partners. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the consultation with the organizations of employers and workers concerned to determine measures to apply the Protocol and the Convention, including in relation to the development and implementation of the national policy to combat forced labour.

Article 25 of the Convention and Article 1(1) and (3) of the Protocol. 1. Prosecution and application of dissuasive penalties. Further to its previous comments, the Committee takes note of the information provided by the Government on the measures taken by the GEA to strengthen the knowledge and capacity of relevant professionals on trafficking in persons, including the organization of trainings, seminars and lectures by the GEA and the regional coordinators on trafficking in persons for various stakeholders (including workplace inspectors, border police and prosecutors), as well as the development of a basic course on prostitution and trafficking on the GEA’s website. The Government also indicates that in 2021, 24 trafficking offenses (criminalized under section 1(a) of Chapter 4 of the Criminal Code) for forced labour were reported.

The Committee further notes the statistical information in the 2023 GRETA report on trafficking and labour exploitation offences. With regard to trafficking offences, 146 investigations were carried out in 2021 (of which 74 for sexual exploitation and 31 for forced labour), and 141 in 2022 (of which 62 for sexual exploitation and 21 for forced labour). In 2021, prosecutions for trafficking were initiated in only one case, and one person was sentenced to imprisonment during that year. With regard to human exploitation offences (criminalized under section 1(b) of Chapter 4 of the Criminal Code), 156 cases have been investigated since 2018, of which 41 are still ongoing and 13 have led to prosecution. GRETA refers to the existence of prosecutors specialised in trafficking in persons and of specialised anti-trafficking police units.

The Committee requests the Government to continue to develop the knowledge and capacity of law enforcement bodies, including the police and the prosecutors, to ensure that all cases of trafficking in persons and human exploitation are promptly investigated to allow for their effective prosecution and the imposition of sufficiently dissuasive penalties on perpetrators. Please provide information on the number of investigations conducted, prosecutions initiated and convictions handed down under sections 1(a) and 1(b) of Chapter 4 of the Criminal Code.

2. Inter-agency collaboration against work-related crime. The Government indicates that the Inter-Agency collaboration against work-related crime, which comprises nine government agencies (including the GEA, the Work Environment Authority, the Migration Agency, the Police, the Prosecution Authority, the Tax Agency and three other government agencies), is tasked with tackling and preventing work-related crime, including trafficking for forced labour and labour exploitation. In 2022, these agencies have been commissioned to establish seven regional centres to strengthen inter-agency work against crime in the workplace. The agencies have also been tasked with organizing and implementing information campaigns in 2022 and 2023, aimed at informing vulnerable workers of their rights and the general public. The Government also refers to the 2022 Annual Report of the Swedish Work Environment Authority, which states that in 2022, 2600 inspections were carried out jointly with several authorities, within the framework of the inter-agency collaboration. The Government specifies that the regional coordinators participate operationally in joint authority workplace inspections to improve victim identification, where there is a strong suspicion of trafficking in persons.

The Committee takes due note of the measures taken by the Government to strengthen collaboration in order to better detect situations of forced labour, and requests the Government to pursue its efforts in this regard. The Committee requests the Government to indicate (i) the number of cases of trafficking in persons and human exploitation identified in the context of inter-agency workplace inspections, as well as (ii) the activities of the regional centres against work-related crime to combat trafficking for forced labour and labour exploitation.