Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Latvia (Ratification: 2006)
Protocol of 2014 to the Forced Labour Convention, 1930 - Latvia (Ratification: 2017)

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The Committee welcomes the ratification by Latvia of the Protocol of 2014 to the Forced Labour Convention, 1930, and takes due note of the Government’s first report as well as its 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 policy and systematic and coordinated action. Trafficking in persons. The Committee notes the indication provided by the Government concerning the adoption of the National Action Plan Against Trafficking in Human Beings for 2021–23. The National Action Plan provides for various activities in four main areas, particularly 1) prevention of trafficking in persons; 2) identification and protection of victims of trafficking; 3) prosecution of trafficking in persons offences; and 4) strengthening cooperation and exchange of information with relevant partners. It also provides for the elaboration of a draft law on the national cooperation and coordination mechanism for the prevention of trafficking in persons. The Committee further notes that the Ministry of the Interior shall submit an evaluation report on the implementation of the National Action Plan to the Cabinet of Ministers by 1 September 2024 (section 3 of the Cabinet of Ministers Order No. 690 of 28 September 2021 approving the National Action Plan). The Committee hopes that the Government will take the necessary measures for the effective implementation of the four areas of the National Action Planfor 2021–23 and requests it to provide information on the results achieved, including the main findings of the evaluation report prepared by the Ministry of the Interior. Recalling the importance of the adoption of a coordinated and systematic approach to combat trafficking in persons, the Committee requests the Government to provide information on the adoption of the law on the national cooperation and coordination mechanism for the prevention of trafficking in persons as well as on the manner in which it contributes to ensure systematic action by the competent authorities.

Article 1(3) of the Protocol and Article 25 of the Convention. Prosecution and application of effective sanctions. The Government indicates that under section 154-1 (trafficking in persons) of the Criminal Code, in 2021, four criminal proceedings involving 14 suspects were initiated which led to one case considered by the court and one person being convicted and, for the period 2018–21, six persons were convicted. The Committee notes that, in its 2022 report, the Group of Experts on Action Against Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Latvia expressed concern about the low number of investigations, prosecutions and convictions for trafficking in persons, and the fact that a significant number of the sentences handed down were suspended. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement bodies to promptly investigate and prosecute trafficking in persons cases so that sufficiently dissuasive penalties are imposed on perpetrators. The Committee further requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and penalties imposed under section 154-1 of the Criminal Code in practice.

Article 2 of the Protocol. Measures of prevention. Clauses (b) and (e). Educating and informing employers. Supporting due diligence. The Committee notes the Government’s indication that the European cooperation network on employment services provides employers with information and advice on employment, including the recruitment of workers from abroad. The Committee further observes the development of a toolkit for businesses concerning prevention of labour exploitation and trafficking “Navigating through your supply chain” under the international project “Flows of illicit funds and victims of human trafficking: uncovering the complexities 2018 – 2020” which covers Bulgaria, Estonia, Finland, and Latvia. The Committee requests the Government to provide more specific information on the measures taken to support due diligence by both the public and private sectors to prevent and respond to risks of forced labour in their operations.

Article 3 of the Protocol. (i) Identification of victims of trafficking. The Committee notes the information provided by the Government concerning the adoption of the Cabinet of Ministers Regulation No. 344 of 16 July 2019 on the Procedures on the Provision of Social Rehabilitation Services to Victims of Trafficking in Persons and the Criteria for the Recognition of a Person as a Victim of the Trafficking in Persons. It also notes the measures taken to improve identification of potential victims and victims of trafficking among persons who illegally entered Latvia. The Committee further notes from the 2022 GRETA’s report the setting up of the multi-disciplinary commission entitled to identify victims of trafficking as well as a significant increase in the number of identified victims of trafficking for the purpose of labour exploitation. According to the Government, the number of identified victims increased from 23 persons in 2018 to 61 persons in 2021 and most of the victims were men trafficked for labour exploitation. The Committeewelcomes the measures taken to ensure the early identification of victims of trafficking for both sexual and labour exploitation and requests the Government to pursuit its efforts in this regard and to continue to provide relevant information.

(ii) Protection of victims of trafficking. The Government indicates that the state-funded associations, the Resource Centre for Women “MARTA” and the Shelter “Safe House” are the key providers of social rehabilitation services to victims of trafficking. Available social rehabilitation services include accommodation, medical and psychosocial assistance, legal and translation services, training and education programs as well as clothing and food. The Government also refers to various training programs and activities conducted for social workers who provide social rehabilitation services to victims of trafficking. The Committee requests the Government to provide information on the number of victims of trafficking who have benefited from social rehabilitation services and the nature of the services provided.

Article 4 of the Protocol. Access to appropriate and effective remedies. The Committee notes that the Act on State Compensation to Victims of 2006 provides for the state compensation at the amount of 90 per cent of five minimum monthly wages to persons recognized as victims of trafficking under the criminal procedure law. The Government also indicates that in addition to the state compensation, victims of a criminal offence can request compensation under the civil and criminal procedure law. The Committee further notes that in its 2022 report, the GRETA expressed concern that while the number of victims who claimed and received state compensation gradually increased, in practice, effective access of victims of trafficking to compensation remained sporadic, including due to the lack of information and assistance available to victims. The Committee requests the Government to indicate the measures taken to facilitate information on and access to appropriate and effective remedies, particularly compensation, to victims of forced labour, including trafficking in persons. It also requests the Government to provide statistical data on the number of victims who have claimed and received the compensation, awarded under the Act on State Compensation to Victims of 2006 or granted under the civil and criminal procedure law.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In reply to the Committee’s previous comments, the Government indicates that during 2018–22, there were six cases in which soldiers requested for an early termination of their contract, in accordance with section 43(1) of the Military Service Act of 2002, allowing professional service contracts to be terminated before the end of the term at any time by agreement of the parties. The Government further indicates that the soldiers concerned continued the military service after the personal issues leading to the requests for resignation had been resolved through negotiations with their commanders.

Article 2(2)(a) of the Convention. (i) Compulsory military service. The Committee notes that the National Defence Service Act of 5 April 2023 introduced a compulsory military service of 11 months for male citizens born after 1 January 2004 (section 3(1)(1), and the transitional provisions of the Act). Section 12(1) of the National Defence Service Act stipulates that the military service undertaken by conscripts shall be determined by the Military Service Act of 2002 and other laws and regulations. Accordingly, as per section 9(1)(3) of the Military Service Act of 2002, the military service includes the performance of activities in the interests of the public and the State. The Committee recalls that according to Article 2(2)(a) of the Convention, work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is of a purely military character. The Committee therefore requests the Government to indicate whether the activities which conscripts may be requested to undertake in the interests of the public and the State under section 9(1)(3) of the Military Service Act of 2002 are limited to work of a purely military character and to provide examples of such activities.

(iii) Alternative service. According to section 3(2) of the National Defence Service Act of 5 April 2023, persons who cannot perform compulsory military service due to conscience or religious beliefs may undertake an alternative service of 11 months in the institutions subordinated to the Ministry of Defence. The Committee requests the Government to provide information on the number of persons involved in alternative service, as compared to the number of those performing compulsory military service.