Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Pologne (Ratification: 1958)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Pologne (Ratification: 2017)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and Penalties. The Committee previously noted that trafficking in persons is criminalized by section 189 of the Penal Code. The Committee also noted that, following an agreement in 2015 between the Chief Border Guard Commander and the Chief Labour Inspector, the powers of the labour inspectorate have been reinforced as has the cooperation between border guards and labour inspectors. Moreover, the on-job trainings were offered by the training centre of the National Labour Inspection on human rights issues, in particular on forced labour. The Committee further noted that in 2014, there were nine persons convicted, with nine sentenced to deprivation of liberty and five fines; and in 2015, there were 23 convicted, with 24 sentenced to deprivation of liberty and ten fines.

The Committee notes the Government’s information in its report that it continues to take measures to strengthen the cooperation between the labour inspectorate and other authorities. Teams for combating human trafficking are established to initiate close regional cooperation. In connection with the European campaign “Joint Action Day” intended to combat organized crime, including human trafficking, police officers and labour inspectors jointly conducted several inspections. The Committee also notes that, in 2016, 50 cases of human trafficking have been recorded, of which 13 were for forced labour, 15 were for prostitution and other forms of sexual abuse and one was for begging. Moreover, preliminary proceedings of 59 cases were concluded, leading to 13 indictments. In addition, 30 persons were accused, of which 28 were Polish and two were Bulgarian. The Committee requests the Government to continue its efforts to strengthen the capacity of law enforcement authorities, including the labour inspectorate, in combating human trafficking. It also requests the Government to continue providing information on the application in practice of section 189 of the Penal Code, including the number of investigations, prosecutions, convictions and specific penalties applied.

2. Victim Protection. The Committee previously noted the observations of the Independent and Self-Governing Trade Union “Solidarnosc” stating that although victims can bring a civil action against the perpetrators of crimes related to human trafficking, very few victims of this practice ever receive compensation from the perpetrators. The Committee also noted that in the report submitted by the Polish authorities on measures taken to comply with the Committee of the Parties Recommendation (CP(2013)7) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, the Government mentioned that from 2013, the National Consulting and Intervention Centre for Victims of Trafficking (KCIK) provides two shelters dedicated to female victims of trafficking and medical assistance to the victims who are beneficiaries of the KCIK. Moreover, the Act of 12 December 2013 on foreigners implemented important changes in terms of granting a reflection period and residence permits for foreign victims of trafficking. The Committee also noted that, in April 2015, a law which reinforces and consolidates the framework of protection and assistance of victims of crime and witnesses including trafficking victims, came into force.

The Committee notes the Government’s information that the Expert Group for Supporting Victims of Human Trafficking, which is operating within the Inter Ministerial Team for Combating and Preventing Human Trafficking, undertakes activities to improve the work efficiency of state authorities in this regard. For example, the Expert Group has prepared tools (checklists) for the police and the border guards for the identification of potential victims of trafficking. An algorithm for the identification and protection of minor victims has also been developed. The Government also indicates that, in 2016, 78 victims were identified, of which 34 were women and 44 were men. The Committee therefore requests the Government to continue providing detailed information on the measures undertaken and results achieved regarding the identification and protection of victims of human trafficking, such as the number of victims identified and the type of assistance provided to them.

3. Programme of action. The Committee previously noted that the Inter Ministerial Task Force of Human Trafficking Prevention and Counteraction was established to ensure monitoring of actions and exchange of information between the relevant stakeholders. The Task Force also collaborated with administrative government bodies and units and assesses the implementation of the National Action Plan 2013–15 against Human Trafficking.

The Committee notes the Government’s information that, in August 2016, the Council of Ministers adopted the National Action Plan against Human Trafficking for 2016–18. The Committee therefore requests the Government to provide information on the implementation of the NAP 2016–18, including the activities undertaken and the results achieved.

Article 2(2)(c). Work of prisoners for private individuals, companies and associations. The Committee previously noted that, according to the Executive Penal Code and its implementing regulations, prisoners are allowed to work for private employers. The Government stated that the remuneration for a convicted employee is set in a manner ensuring the minimum wage is obtained provided the monthly period of working time is satisfied. The work of convicts is provided under comparable conditions to voluntary employment and there is a lack of work opportunities. Moreover, a person who is deprived of liberty and works outside of the prison remains under the supervision of a penal institution. The Committee also noted that under the grounds of the Executive Penal Code, a convict can only be employed upon authorization of and on terms and conditions set out by the director of a penal institution, ensuring that the penalty of deprivation of liberty is served properly. The Government therefore considered that even though the formal consent of the convicted person is not required, the employees’ rights are observed and such work is in compliance with the Convention. The Government further indicated that, with regard to the issue of prison labour, two bills concerning the rights of convicted persons who are subjected to deprivation of liberty were being prepared: the Bill amending the Executive Penal Code and the Bill amending the Act on the Employment of Individuals Deprived of Liberty.

The Committee notes the Government’s reiterated statement that the employment of prisoners is fully voluntary and that convicts work under conditions comparable to a voluntary employment relationship. The Government emphasizes that the number of convicts who are willing to work is always higher than the number of jobs available. The Committee also notes that the Act of 15 December 2016 Amending the Executive Penal Code entered into force on 1 April 2017. According to the revised section 123(a), with the written consent of the convict or upon the written request of the convict, the director of a prison may allow them to work for a public institution or an entity of public benefit for free up to 90 hours per month. The Committee further notes the Government’s indication that two draft implementing Acts are under way, in relation to the performance of social work as a form of serving a sentence of restriction of liberty or in exchange for an unpaid fine. While taking due note that convicts work for private entities on a voluntary basis in practice, the Committee encourages the Government to take the necessary measures to ensure that the protection of their rights in this regard are also afforded by law. The Committee also requests the Government to provide information on any progress made regarding the two draft implementing Acts on the performance of social work as a way to serve the sentence or to pay the fine, and to provide a copy once they are adopted.