Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Francia (Ratificación : 1937)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Francia (Ratificación : 2016)

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The Committee welcomes the ratification by France of the Protocol of 2014 to the Forced Labour Convention, 1930, and duly notes the Government’s first report on its application and 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 plan and coordinated and systematic action. The Committee previously referred to the evaluation report of the National Advisory Commission on Human Rights (CNDH) as the national rapporteur on trafficking, concerning the National Plan of Action to Combat Trafficking in Persons 2014–16, which recommended, in particular, the allocation of sufficient financial resources for the implementation the Plan of Action and improved coordination between the institutions responsible for combating trafficking.

In its report, the Government refers to the second National Plan of Action to Combat Trafficking in Persons 2019–21, led by the Inter-ministerial Mission for the Protection of Women against Violence and the Fight against Trafficking in Persons (MIPROF). The Government states that the second Plan of Action focuses on six key areas, broken down into 45 measures, of which the main objectives are to: (i) raise public awareness of the risks of exploitation and trafficking; (ii) train professionals; (iii) protect victims (by guaranteeing the effectiveness of their rights); (iv) step up prosecutions against perpetrators; and (v) coordinate and harmonize public action at the national level. The Committee notes that, in its opinion on the “Evaluation of the National Plan of Action to Combat Trafficking in Persons (2019–21)”, published on 12 January 2023 (hereafter the “2023 Evaluation of the National Plan of Action”), the CNCDH underscores the ineffectiveness of some of the measures under the second Plan of Action; it notes that most of the measures announced have not been implemented and that the necessary funds have not been allocated. The CNCDH refers to the development of a third plan of which the publication date remains unknown.

The Committee adds that the MIPROF coordination committee on trafficking, which is composed of institutional and associative members, monitors the implementation of national actions to combat trafficking in persons. In this regard, the Committee observes that, in its 2023 Evaluation of the National Plan of Action, the CNCDH indicates that the coordination committee met once in 2020 and once in 2022, and observes that, given the low number of meetings, the coordination committee has taken on more of an advisory role.

Recalling the importance of ensuring coordinated and systematic action to combat trafficking in persons, the Committee requests the Government to indicate the measures taken to ensure the effective functioning of the MIPROF coordination committee. The Committee also requests the Government to provide information on the adoption of the third National Plan of Action to Combat Trafficking in Persons, and a summary of the action taken by the authorities to combat trafficking in persons, including under the Plan of Action, and to specify the difficulties encountered and the measures taken to overcome them. The Committee furthermore requests the Government to indicate the manner in which, in practice, coordinated and systematic action is also implemented to combat the other forms of forced labour identified in the country (see below).

Article 1(3) of the Protocol and Article 25 of the Convention. (i) Suppression and application of effective penalties. With regard to legal proceedings relating to forced labour offences, namely enslavement and the exploitation of enslaved persons (sections 224-1 A and 224-1 C of the Criminal Code), forced labour (section 225-14-1 of the Criminal Code), servitude (section 225-14-2 of the Criminal Code), and trafficking in persons (section 225-4-1 of the Criminal Code), the Government refers to several cases of trafficking in persons and forced labour, and provides statistical information on offences constituting forced labour. It indicates that, in 2020, 240 persons were prosecuted for trafficking in persons, and that fewer than five persons were prosecuted for forced labour and servitude. The Committee notes that, in 2021, according to a study on trafficking and exploitation of persons since 2016, conducted by the Ministerial Statistical Department for Internal Security, and published in October 2022, 215 persons were prosecuted for trafficking in persons, and 263 for labour exploitation (including the offences of enslavement, indecent working and living conditions, forced labour and servitude). Regarding convictions, the Government indicates that, in 2020, 67 convictions were handed down for trafficking in persons, and that imprisonment is the mostly frequently imposed sentence for perpetrators of trafficking in persons, with an average quantum of 47 months for sentences handed down between 2016 and 2020.

The Committee notes that, in its 2023 Evaluation of the National Plan of Action, the CNCDH observes the low number of convictions for trafficking and that this offence is often reclassified as another offence during the proceedings or decriminalized (that is, judged before the correctional court as an offence rather than before the court of assize as a crime, with a sentence that may be less severe) (paragraph 99).

Observing the difficulties that remain in classifying offences and effective penalties for the perpetrators of trafficking in persons, the Committee requests the Government to continue to increase the knowledge and capacity of law enforcement bodies, to ensure that cases of forced labour, as defined by the Convention, are adequately identified and are fully investigated, thus enabling the perpetrators to be brought to trial and prosecuted, and for sufficiently dissuasive penalties to be imposed. The Committee requests the Government to continue to provide information on cases concerning the various offences under the Criminal Code involving forced labour (trafficking in persons, forced labour, servitude, and enslavement), including on the number of offences reported, and prosecutions, convictions and penalties applied. The Committee also requests the Government to indicate whether, under section 225-19 of the Criminal Code, the courts have confiscated the assets of persons convicted of these offences.

(ii) Labour inspectorate and collaboration. Concerning the role of labour inspectors in the detection of offences related to trafficking in persons, forced labour and servitude, the Committee notes the Government’s indication that, with regard to trafficking in persons for the purpose of labour exploitation, the labour inspectorate most often acts within the framework of inter-institutional cooperation. The Government refers in particular to joint action days, which bring together the labour inspectorate and judicial police services, and which allowed, in 2020, for the identification of five situations of trafficking in persons, during 450 inspections of the working and employment conditions of employees. The Committee further notes the indication contained in the review of the National Plan to Combat Illegal Labour 2019–21, according to which, during the 2021 joint action days, 63 proceedings were initiated for labour exploitation that could be classified as a criminal offence involving trafficking in persons.

The Government adds that training for labour inspectors was established and that a training booklet on “identifying and referring victims of trafficking for labour exploitation”, aimed at labour inspectors, was developed by MIPROF and updated in December 2018. The Government specifies that, where findings point to the possible commission of the offence of trafficking in persons for labour exploitation, inspectors from the labour inspectors may request the Public Prosecutor’s Office to jointly refer the case to the courts together with a judicial police service.

The Committee duly notes the measures taken by the Government to build the capacity of the inspection services in order to detect situations of forced labour, including trafficking in persons for labour exploitation, and their collaboration with the Public Prosecutor’s Office and the police services, and requests the Government to pursue these efforts in light of the fundamental role of inspection in this area. The Committee requests the Government to provide information in this regard, and to indicate, in particular, the number of joint referrals requested from the Public Prosecutor’s Office, and the number of reports sent to the prosecutor by the inspection services and the action taken by the prosecutor with regard to these reports.

Article 2 of the Protocol. Prevention measures. Article 2(a) Education and information. The Committee notes the information provided by the Government on awareness-raising among students throughout their school education of the issue of trafficking in persons, and during various commemorative events. The Committee adds that, in its 2023 Evaluation of the National Plan of Action, the CNCDH states that no national awareness-raising campaign has been implemented since the creation of MIPROF, with the exception of the mention of trafficking in persons for sexual exploitation in a campaign for the prevention of the purchase of services for sex. The Committee requests the Government to strengthen the measures aimed at educating and informing persons about trafficking in persons for labour exploitation and for sexual exploitation, but also concerning other forms of forced labour, and to provide information on this subject.

Article 2(b) and (e). Educating and informing employers. Supporting due diligence. The Government indicates that, under the National Plan of Action to Combat Trafficking in Persons 2019–21, a partnership agreement is being finalized between MIPROF and the most representative organizations of employers and workers. Actions to raise awareness in the business world of the consequences of the use of forced labour and of trafficking victims are also provided for under the National Plan to Combat Illegal Labour 2019–21. In this regard, the Committee notes the adoption of a new national Plan to Combat Illegal Labour 2023–27, which provides in particular for the finalization of this partnership agreement to combat trafficking in persons. The Committee further notes that, in its 2023 Evaluation of the National Plan of Action, the CNCDH indicates that a “trafficking in persons” focal point has been designated within the labour division of each of the Regional Directorates for the Economy, Employment, Labour and Solidarity (DREETSs), of which the role is specifically to facilitate the dissemination and adoption of information and awareness-raising tools and initiatives by business stakeholders in the territories.

Lastly, the Committee notes that Act No. 2017-399 of 27 March 2017 on the duty of care of parent companies and contracting enterprises provides that the largest enterprises are required to establish and implement a vigilance plan to prevent serious violations of environmental and human rights, by both subsidiary enterprises and subcontractors. The Committee welcomes these initiatives and requests the Government to provide information on the application in practice of the Act of 27 March 2017, and to specify the manner in which the enterprises concernedcomply with the obligation to draw up and implement a vigilance plan, particularly with regard to the risk of forced labour, and whether an impact assessment of these plans on the prevention of all forms of forced labour has been carried out. The Committee also requests the Government to provide information on the progress made concerning the conclusion of the aforementioned partnership between MIPROF and the social partners.

Article 3 of the Protocol. (i) Identification of victims. The Government refers to a 2019 report on the profile of trafficking victims monitored by associations, which was drafted by MIPROF and the National Observatory on Delinquency and Criminal Law Responses (ONDRP), according to which victims of labour exploitation account for 19 per cent of all trafficking victims, with 247 victims in the area of domestic labour and 239 victims in sectors of activity such as agriculture, building and construction, catering, commerce, and hairdressing and beauty salons. The Committee notes that, according to the annual survey on trafficking victims assisted by associations in France, which was for 2021, among the victims assisted by associations in 2021, victims of labour exploitation accounted for 18 per cent, and victims of sexual exploitation represented 74 per cent. In 2021, the 44 associations that had responded to the survey identified 4,868 trafficking victims of whom 77 per cent were women. Victims from Nigeria alone accounted for 39 per cent of all the victims assisted, while 5 per cent were French victims.

The Government also indicates that MIPROF established a working group in spring 2020, which brought together institutional partners, associations, experts and the CNCDH with a view to creating a national mechanism to identify and refer victims of trafficking in persons. The group is working to develop common identification indicators for all professionals in contact with trafficking victims. The Committee hopes that the national mechanism to identify and refer victims of trafficking in persons will be adopted in the very near future, and requests the Government to provide information on the measures taken to allow for the effective application of the mechanism. The Committee also requests the Government to continue to provide information on the number of victims of offences related to forced labour (trafficking in persons, forced labour, servitude, enslavement) identified.

(ii) Protection of victims. Assistance measures. The Government indicated that the strengthening of the rights to protection of victims, particularly with regard to appropriate accommodation and psychological and social support, is included in the objectives of the second National Plan to Combat Trafficking in Persons. The Committee notes that places are made available in accommodation and reintegration services for trafficking victims to provide them with safe conditions. Furthermore, the national Ac.Sé scheme, which was created in 2001, aims to receive, house and protect trafficking victims who are at risk, and to offer assistance and support by trained professional, as well as geographical distancing thanks to a network of over 70 partner structures. Concerning psychological support, the Committee notes that, in its 2023 Evaluation of the National Plan of Action, the CNCDH refers to the creation of 17 regional centres offering comprehensive care for psychological trauma, which can receive trafficking victims. Regarding access to rights and complaints mechanisms, the Committee notes that, in its 2022 report, the Group of Experts on Action against Trafficking in Persons (GRETA) describes the difficulties faced by victims when trying to file a complaint: the waiting time for an appointment; the lack of interpreting services; or the refusal by some police officers to receive complaints, who refer victims to other structures. The Committee requests the Government to provide information on the number of trafficking victims who have benefited from assistance services, and to specify the nature of the services provided (such as social and legal support, accommodation, and health care). The Committee also requests the Government to indicate the measures taken or envisaged to facilitate access for trafficking victims, and for victims of any offence related to forced labour in general, to legal mechanisms enabling them to assert their rights.

Right of residence for foreign nationals who are victims of forced labour. The Government indicates that the current system provides for automatic admission to residence for foreign nationals who file a complaint or testify in criminal proceedings against a person who the victim accuses of having committed against them acts constituting offences of trafficking in persons or procuring of persons (section L.425-1 of the Code concerning the entry and stay of foreigners and the right to asylum (CESEDA)). Where a final conviction is handed down for a defendant, foreign nationals holding a temporary residence permit under section L.425-1 are issued with a ten-year residence permit (section L.425-3 of the CESEDA).

The Government indicates that foreign nationals who do not wish to cooperate with the authorities as part of the investigation have access to residency under the exceptional residency admission scheme, in accordance with section L.435-1 of the CESEDA, which provides for the possibility to receive a residence permit for humanitarian or exceptional reasons. The Committee further notes that section L.425-4 of the CESEDA provides that a temporary residence permit for a minimum period of six months may be granted to victims of trafficking for sexual exploitation irrespective of their cooperation with the security forces, on the condition that they give up all prostitution activities and commit to a programme of reintegration.

Section R.425-1 of the CESEDA also provides for the possibility of a reflection period of 30 days to decide whether or not to benefit from the right of residence provided for in section L.425-1. During the reflection period, no relocation order may be made or enforced against the foreign national. The reflection period may be interrupted at any moment if the foreign national has, of their own initiative, renewed contact with the perpetrators of the trafficking offence.

The Committee notes that the study of trafficking in and exploitation of persons since 2016 of the Ministerial Statistical Service for Internal Security, which was published in October 2022, states that, for 2021, the provisional data show that 428 temporary residence permits were issued to victims of trafficking or procuring under section L.425-1 of the CESEDA, in addition to around 40 residence permits. Concerning the issuance of temporary residence permits for persons wishing to leave prostitution, in 2021, 566 victims received such permits. Furthermore, according to the most recent annual survey on trafficking victims assisted by associations in France, among the victims assisted by associations in 2021 who required a residence permit, 40 per cent obtained such a permit, out of whom 40 per cent obtained the permit under section L.425-1 of the CESEDA, one third under international protection (asylum application) and 28 per cent on other grounds.

The Committee further notes the CNCDH’s indication, in its 2023 Evaluation of the National Plan of Action, that around 60 per cent of prefectures have a “trafficking in persons” focal point, but underscores that, while this number continues to increase, the roles of these focal points are still not clearly defined. The CNCDH adds that sections L.425-1 and L.425-3 of the CESEDA are not widely applied and that their implementation varies considerably from one prefecture to another. The CNCDH reports a reluctance to issue residence permits on this basis, which is partly due to the widespread climate of suspicion towards migrants. The Committee requests the Government to provide information on: (i) the number of permits granted to victims of trafficking for labour exploitation and sexual exploitation, under the exceptional residency admission scheme provided for in section L.435-1 of the CESEDA, for victims who do not wish to cooperate with the authorities; (ii) the number of trafficking victims who were granted a period of reflection; (iii) the existing possibilities for foreign victims of other offences related to forced labour (such as enslavement, servitude and forced labour) to obtain a residence permit; and (iv) the role of “trafficking in persons” focal points in prefectures.

Victims of trafficking among asylum seekers. The Government indicates that, among asylum seekers, there is an increasing number of applications for particularly vulnerable persons, including victims of trafficking. According to the latest data established for 2019 by the French Office for the Protection of Refugees and Stateless Persons (OFPRA), as in previous years, the majority of trafficking is for the purpose of sexual exploitation. The Government indicates that OFPRA confirms, however, the emergence of applications for international protection in relation to trafficking for labour exploitation. Such applications particularly concern men and women claiming that they were forced to work either within a family setting or through organized networks in Bangladesh, Europe and Gulf countries.

The Government indicates that, at the end of May 2021, it published a national plan of action to strengthen means to address the vulnerability faced by asylum seekers and refugees, comprising ten specific actions to improve early identification and allow for the provision of appropriate care for asylum seekers and refugees, including: (i) the strengthening of training for all personnel in the asylum system regarding the early identification of vulnerabilities, including those linked to trafficking; (ii) the dissemination of awareness-raising tools on legislative and regulatory provisions concerning access to residence for foreign trafficking victims, at all stages of the asylum procedure, and the development of targeted information campaigns; and (iii) the strengthening of the specialized accommodation network for trafficking victims, women asylum seekers and vulnerable women refugees, which currently offers 300 places. The Committee welcomes the adoption of the national plan of action to strengthen means to address the vulnerability faced by asylum seekers and refugees, and requests the Government to continue to provide information on the measures taken to better identify and protect trafficking victims among asylum seekers.

Article 4(1) of the Protocol. Access to remedies. The Government indicates that victims of forced labour may assert their rights before criminal or civil courts. Under criminal law, any person forced to work in conditions that are characteristic of trafficking in persons, slavery, forced labour or servitude, is entitled to full compensation for damages for personal injury, even if the person is not French, provided that the acts were committed on the national territory (section 706-3 of the Code of Criminal Procedure). The Government indicates in this regard that victims may refer a complaint to the Commission for Compensation of Victims of Crime in order to obtain compensation at any stage of the proceedings, as from the filing of the complaint. Furthermore, any person acting as a civil party (that is, a civil claimant in a criminal case), who receives a final decision awarding damages to compensate for the injury suffered and the costs incurred in the proceedings, and who has not been granted compensation under the aforementioned section 706-3, may be entitled to claim, from the Agency for the Recovery and Management of Seized and Confiscated Assets, the priority payment of these amounts from the debtor’s assets that have been definitively confiscated (section 706-164 of the Code of Criminal Procedure).

With regard to civil courts, the Government reiterates that all employees, regardless of their nationality and status in the territory, who have been employed in the context of undeclared work, which often affects persons working in exploitative conditions, are entitled, in the event of termination of the employment relationship, to a lump-sum compensation equivalent to six months of wages (section L.8223-1 of the Labour Code). The payment of this compensation is not contingent on a criminal judgement finding the employer guilty of the offence of undeclared work. The Government adds that the Ministry of the Interior and the Ministry of Labour have drafted and translated into several languages leaflets to inform foreign workers of their rights in this regard. The Committee duly notes these measures and requests the Government to indicate the number of victims of trafficking in persons or any other form of forced labour who have received compensation for damages suffered, both in criminal proceedings and in the context of compensation awarded by a civil court, and to specify the amounts granted.

Paragraph 2. Absence of prosecution or penalties for unlawful activities that victims have been compelled to commit. The Government indicates that there is no specific provision in French law on the non-imposition of penalties on victims. Such a provision would undermine the constitutional principle of equality before the law implying that everyone can be held legally responsible for the acts of which they are accused. However, the Government indicates that the principle of the appropriateness of prosecution and the notion of action under constraint makes it possible to mitigate the absence of such a provision and not impose penalties on victims who are compelled to participate in unlawful activities. The Committee requests the Government to indicate the manner in which in practice it is ensured that victims of forced labour who have been compelled to commit unlawful activities are not subject to prosecution or penalties, with an indication of whether instructions have been issued in this respect to prosecutors.

Article 6 of the Protocol. Consultation with employers’ and workers’ organizations. The Committee notes that, in its 2023 Evaluation of the National Plan of Action, the CNCDH, as the national rapporteur on trafficking in persons, has requested to be fully associated, along with specialized association, trade unions, private partners and the relevant State institutions, in the formulation of the third national plan of action. The Committee requests the Government to provide information on the manner in which employers’ and workers’ organizations are consulted, particularly in the context of the formulation, implementation and evaluation of the third national plan of action to combat trafficking in persons.

Article 2(2)(c). Prison work for private enterprises. The Committee recalls that prisoners who wish to work may work for private enterprises, either on general service work for jointly managed prisons, or on productive work for private enterprises hiring labour from the prison administration, or in jointly managed establishments. A work agreement is signed between the prisoner and the prison director prior to the exercise of any occupational activity. The Committee previously requested the Government to continue to ensure that the working conditions of prisoners hired by private enterprises or jointly managed prisons approximate those of free workers.

The Committee notes the adoption of Act No. 2021-1729 on trust in judicial institutions of 22 December 2021, which provides for the establishment of a prison employment contract between the prisoner and the entity issuing the instructions (the economic operator in the case of employment for a private enterprise), replacing the work agreement between the prisoner and the prison director. The prison employment contract determines, among other matters, the duration of the contract, hours of work and conditions of work. With regard to the procedure for assignment to employment, it is envisaged that a prisoner who wishes to work first makes an application to the prison administration for authorization to work, followed by a request for assignment to a job, which can give rise to the organization of work interviews.

The Committee notes Decree No. 2022-655 of 25 April 2022 on work by prisoners, amending the Prison Code, which specifies the procedure for access to work by prisoners, as well as the content and procedures for the conclusion and implementation of the prison employment contract. With reference to remuneration, the Decree sets a minimum hourly rate of 45 per cent of the minimum wage for productive work and between 33 and 20 per cent for general service. It also envisages the possibility of the entity issuing the instructions paying productivity and seniority bonuses, or any other exceptional bonuses.

The Committee also notes Ordinance No. 2022-1336 of 19 October 2022 respecting the social rights of prisoners, issued under section 22 of Act No. 2021-1729 on trust in judicial institutions. The Ordinance provides, among other provisions, that the remuneration of prisoners performing work under a prison employment contract shall be subject to social security contributions and that the prisoners shall acquire rights to unemployment insurance and training and shall be registered with the supplementary retirement scheme. The Ordinance also provides for: (i) the reinforcement of the powers of the labour inspection services in prisons; (ii) the development of occupational medicine services in prisons; and (iii) measures to combat discrimination and harassment against working prisoners.

The Committee notes the Government’s indication that the rate of work in prisons, particularly in productive work, has decreased sharply over recent years, falling from nearly 50 per cent at the beginning of the 2000s to 29 per cent in 2021, which may be explained, among other factors, by the increase in the prison population and the delocalization or closure of enterprises established in prisons. The Government specifies that enterprises established in prisons have to deal with specific constraints and that the establishment of the general national minimum wage for prison work could lead to an even more significant decline in prison work. The Government adds that the opening up of the possibility of paying productivity and seniority bonuses, and the movement to improve the quality of prison work over the past two years, will make it possible for pay rates to come closer to those of normal work. In certain establishments, particularly in prisons, average pay may therefore attain the amount of the normal minimum wage.

The Committee welcomes the adoption of the texts referred to above, which offer certain guarantees to prisoners performing work for private entities, accordingly ensuring the conditions approximating of those of a free labour relationship. The Committee encourages the Government to continue its efforts to bring the level of remuneration of prisoners working for private enterprises or jointly managed establishments up to the rate of the national minimum wage.