Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Bélgica

Convenio sobre el trabajo forzoso, 1930 (núm. 29) (Ratificación : 1944)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 (Ratificación : 2019)

The Committee notes the joint observations of the Confederation of Christian Trade Unions (CSC), the General Labour Federation of Belgium (FGTB) and the General Confederation of Liberal Trade Unions of Belgium (CGSLB), received on 1 September 2022 and 30 August 2024. It also notes the Government’s reply to these comments.

The Committee takes due note of the Government’s first report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, and the replies to the Committee’s previous comments on the Convention.

Articles 1(1) and 2(1) of the Convention and Article 1(2) of the Protocol. National plan of action and systematic and coordinated action. The Committee notes that, in its report, the Government indicates that: (1) the plan of action to combat human trafficking for 2021–25, adopted by the Interdepartmental Coordination Unit for Combating Human Trafficking and Smuggling, reaffirms the key areas of an effective policy in this field, namely the prosecution of perpetrators, the protection of victims and prevention; and (2) the operational plan of action to combat social fraud for 2023–24, adopted by the Social Information and Research Service, which coordinates the inspection activities of various services, contains a specific objective on human trafficking (objective 4.1). The Committee also notes that a parliamentary select committee responsible for evaluating legislation and policy on human trafficking and smuggling was established in February 2022, with a view to taking stock of the current situation in the fight against trafficking, both in terms of the legal framework and the concrete aspects of the measures implemented to protect victims, punish perpetrators and take preventive action. This committee published its final report on 12 June 2023, which contains 100 recommendations for the Government. The committee notably recommended establishing a national coordination centre on human trafficking and smuggling, which would include the current Interdepartmental Coordination Unit. In its report, the Government states that these recommendations are currently being examined by the coordinating bodies in order to identify what can be implemented in the short term and what should be implemented by the next government. The Committee welcomes the measures taken to continue adapting the national institutional framework for combating trafficking in persons and requests the Government to provide information on: (i) any evaluation carried out of the measures implemented to combat trafficking in persons, including under the plan of action to combat human trafficking for 2021–25 and the operational plan of action to combat social fraud for 2023–24, specifying the difficulties encountered and the measures envisaged to overcome them; (ii) the activities of the Interdepartmental Coordination Unit for Combating Human Trafficking and Smuggling, in particular with regard to the development of a new plan of action in this area; and (iii) the follow-up to the 100 recommendations made by the Parliamentary Select Committee, in particular with regard to the establishment of a national coordination centre on human trafficking and smuggling.

Article 25 of the Convention and Article 1(1) of Protocol. Prosecutions and application of adequate criminal penalties. The Committee notes the adoption of the new Penal Code (Act of 29 February 2024), which broadened the definition of trafficking to include illegal adoption and forced marriage and introduced a new system of criminal penalties applicable to natural and legal persons. In this regard, the Committee notes that, in their joint observations, the CSC, the CGSLB and the FGTB consider that the definition of trafficking poses problems in practice due to the very high threshold of judicial interpretation of the offence that must be met in order to successfully prosecute, which also appears to be an obstacle to the identification of victims by front-line actors. According to the trade unions, it should be possible to envisage prosecution and protection in cases of clear economic exploitation, which would not, strictly speaking, constitute trafficking as defined by the Penal Code but would cause serious harm to the worker. In its reply to these observations, the Government considers that the Belgian definition of trafficking is one of the broadest in existence, insofar as coercion or abuse of authority are not constituent elements of the offence but aggravating circumstances. The Government adds, however, that in practice, labour inspectors encounter situations that do not fall within the scope of trafficking but are punishable under the Social Penal Code, such as certain situations of work in particularly abusive conditions, which should be punished more severely.

With regard to the prosecution of cases of trafficking in persons, the Committee notes that, according to the data available in the 2024 report of the Federal Migration Centre (MYRIA), in 2023, 363 trafficking offences were detected by the police (including 156 related to economic exploitation) and 355 criminal cases related to trafficking (including 102 related to economic exploitation) were received by the public prosecutor’s offices. The labour auditors’ offices received 253 criminal cases related to trafficking for economic exploitation. In 2022, 123 final convictions were handed down for cases of trafficking in persons, including 107 prison sentences (59 custodial and 48 suspended) and 111 fines (73 fixed and 38 suspended). The Committee notes that many of these convictions are accompanied by suspended prison sentences.

The Committee requests the Government to provide information on: (i) the measures taken to ensure that all cases of forced labour, including trafficking in persons, are properly investigated and prosecuted, so that sufficiently dissuasive penalties, in particular custodial sentences, may be imposed on the perpetrators; (ii) improving the punishment of situations of clear economic exploitation that do not fall, strictly speaking, within the scope of trafficking in persons; and (iii) the investigations and prosecutions initiated, and the convictions and penalties imposed on natural and legal persons in cases of economic exploitation and trafficking in persons, under the Penal Code and the Social Penal Code.

Article 2(b) and (e) of the Protocol. Educating and informing employers. Supporting due diligence. The Committee notes that the CSC, the CGSLB and the FGTB refer to the recommendations made by MYRIA in its 2023 report to strengthen the chain approach and due diligence. It notes, in this regard, that the plan of action to combat human trafficking for 2021–25 also recognizes the need to take initiatives to further embed the issue of human trafficking in due diligence policies. In this regard, the Committee notes the adoption of the second national plan of action on “enterprises and human rights” for 2024–29, which aims to encourage and support enterprises to respect and promote human rights. It specifically notes the Government’s desire, set out in this plan of action, to implement and transpose any new European regulations adopted in this area. The Committee requests the Government to provide information on the measures taken to raise awareness among and inform employers with a view to preventing the risks of forced labour, including trafficking in persons, and addressing them, and to support due diligence in the public and private sectors.

Article 2(c).Strengthening the capacities of labour inspection and other services responsible for the implementation of the law. The Committee takes due note of the detailed information provided by the Government on the measures taken to continue strengthening the capacity of police officers, labour inspectors, judges and the staff of the Immigration Office and the Federal Agency for the Reception of Asylum Seekers in the area of human trafficking. In this regard, it observes that, in its 2023 report, the aforementioned Parliamentary Select Committee made numerous recommendations aimed at strengthening the training of these actors, as well as the capacities of the federal and regional police and inspection services. In this regard, the Committee notes that the CSC, the CGSLB and the FGTB also emphasize the importance of maintaining and increasing the training efforts already made through the continuous training of the various inspection services, as well as the number of labour inspectors. In its reply, the Government indicates that: (1) in 2023, inspectors specializing in combating human trafficking from the National Social Security Office inspection service (ECOSOC teams) took various training courses and participated in the European Labour Authority’s training modules on concerted and joint inspections; and (2) budgetary measures have been taken to recruit additional inspectors specifically assigned to the ECOSOC teams.

The Committee encourages the Government to continue strengthening the capacities and resources of law enforcement authorities to enable them to better detect and prosecute cases of trafficking in persons and economic exploitation. It requests the Government to continue providing information on the measures taken in this regard, specifying the follow-up to the recommendations made by the Parliamentary Select Committee.

Article 3 of the Protocol. Identification and protection of victims. The Committee notes that the CSC, the CGLSB and the FGTB have expressed concern about the limited capacity of reception centres, which are not always able to fully guarantee assistance and protection for victims of trafficking, as revealed by a case of human trafficking for economic exploitation that occurred at an enterprise operating on a construction site in the port of Antwerp in July 2022, which led to the identification of 174 victims of trafficking. The trade unions add that, given the key role that the three officially recognized reception centres play in assisting victims, it is essential that these centres continue to have sufficient human and financial resources to carry out their mandates. In this regard, the Committee notes the Government’s indication that the budget for the reception centres has been substantially increased, from €279,000 in 2022 to €460,000 in 2023 and 2024.

As to the protection afforded to victims of trafficking, the Committee notes that, according to the Circular of 23 December 2016, victims must meet three cumulative conditions in order to be eligible for protection and be granted a residence permit, namely: (1) sever all contact with the alleged perpetrator of trafficking; (2) receive mandatory assistance from a recognized specialized reception centre; and (3) cooperate with the judicial authorities by giving statements or filing complaints. The Committee observes that a victim who does not wish or cannot go to one of the three recognized specialized reception centres or cooperate with the judicial authorities will not be included in the identification and assistance system provided for by the national legislation. In this regard, the Committee notes that, in its final report of 2023, the Parliamentary Select Committee recommended establishing a simplified procedure for granting victim of trafficking status to victims who have met the requirements of the procedure but have lost their status for reasons beyond their control (case dismissed, no further action taken, out-of-court settlement). The Committee notes that, according to the 2024 report of MYRIA, in 2023, more than 1,500 alleged victims were reported to specialized reception centres and support was initiated for only 160 victims of trafficking, including 103 victims of economic exploitation. In this regard, the Committee notes that, in its 2025 periodic report to the United Nations Committee against Torture, the Government indicates that, despite efforts, the number of identified victims of trafficking remains low, and many do not always receive the assistance to which they are entitled (CAT/C/BEL/5).

The Committee requests the Government to continue providing information on: (i) the measures taken to improve the identification and protection of all victims of trafficking in persons, including those who are not assisted by specialized reception centres; (ii) the follow-up to the recommendation made by the Parliamentary Select Committee concerning the establishment of a simplified procedure for granting victim of trafficking status; and (iii) the number of victims of trafficking identified and the number of victims who have received assistance services.

Article 4 of the Protocol. 1. Access to remedies. In reply to the comments on improving the legal aid system for victims and their compensation, the Government states that, under the plan of action for 2021–25, a brochure has been developed to explain to victims how to obtain compensation and recover wage arrears, which is available in 24 languages. In this regard, the Committee notes that, in its final report of 2023, the Parliamentary Select Committee recommended establishing an effective mechanism for compensating victims, in particular by amending the criteria for access to the financial aid fund for victims of intentional acts of violence. As to legal aid, the Committee notes that, in its national report submitted to the Group of Experts on Action against Trafficking in Human Beings (GRETA), the Government indicates that a bill was submitted to Parliament in October 2024 to provide victims of trafficking with free legal aid throughout the judicial proceedings. This bill is still being examined by Parliament.

The Committee requests the Government to provide information on the measures taken, in particular as follow-up to the recommendations of the Parliamentary Select Committee, to continue improving victims’ access to legal aid throughout the proceedings and to ensure the establishment of an effective compensation system, in particular by ensuring that all victims, including those who are not assisted by specialized reception centres, have access to comprehensive information on their rights in this regard. Please indicate the number of victims of trafficking or of other practices that constitute forced labour who have received compensation, from the perpetrators of the offence or from the fund for victims of intentional acts of violence.

2. Non-liability of victims. The Committee takes note of section 264 of the new Penal Code, which replaces section 433 quinquies, paragraph 5, of the Penal Code currently in force and enshrines the principle of non-punishment of victims of trafficking. The Committee nevertheless observes that the section of the new Penal Code provides that victims of trafficking cannot be prosecuted for offences for which the law establishes a level 1–6 penalty, but that according to sections 36 and 38 of the Code, certain offences may be punishable by a level 7 or 8 penalty. The Committee also notes that the national plan of action to combat trafficking for 2021–25 provides, in particular, for ensuring the proper application of the provisions on non-punishment of victims of trafficking. The Committee requests the Government to provide information on measures taken to ensure that the principle of non-prosecution of victims of forced labour is consistently applied and that victims who have been compelled to commit illegal activities are not subject to prosecution or punishment, including by providing training and instructions to law enforcement officials, prosecutors and judges. In this regard, please provide information on the practical application of section 264 of the Penal Code, giving examples of its application and specifying whether victims of forced labour have been prosecuted for offences for which the law establishes a level 7 or 8 penalty.

Article 6 of the Protocol. Consultation with organizations of employers and workers. The Committee observes that organization of employers and workers are not represented in the Interdepartmental Coordination Unit for Combating Human Trafficking and Smuggling, which is responsible for developing and monitoring plans of action in this area. The Committee requests the Government to provide information on the measures taken to effectively consult organizations of employers and workers on measures to combat forced labour, particularly in the development and implementation of the plan of action to combat human trafficking.