Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Norvège (Ratification: 1932)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Norvège (Ratification: 2015)

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Articles 1(1) and 2(1) of the Convention and Article 1(1) and (2) of the Protocol. National policy and systematic and coordinated action. 1. Social Dumping and Work-Related Crime. The Committee notes with interest the adoption of the Action Plan to Combat Social Dumping and Work-Related Crime in 2022. The Action Plan aims at preventing the exploitation of workers, including by reinforcing assistance to victims of trafficking and forced labour and strengthening labour inspection capabilities. Eight inter-agency centres against work-related crime (A-Krim centres) consisting of representatives of the police, the Norwegian Tax Administration, the Norwegian Labour and Welfare Administration (NAV), the Norwegian Labour Inspection Authority (NLA), and the Norwegian Customs Service were established to ensure cooperation of the public authorities in preventing and combatting criminal activities at work, including the use of forced labour. The Committee requests the Government to provide more detailed information on: (i) the measures taken to implement the Action Plan to Combat Social Dumping and Work-Related Crime with respect to the prevention and elimination of forced labour; (ii) any assessment of its implementation with indications of the results achieved and difficulties encountered; and (iii) the activities undertaken by the A-Krim centres, in particular regarding situations amounting to forced labour.

2. Trafficking in persons. The Committee notes that the Coordination Unit against Human Trafficking (KOM) prepares annual reports on the situation of trafficking in persons in the country, which aim at informing on the challenges faced by the authorities and aid organizations in their work to combat trafficking. The Committee notes from the latest KOM’s report the various awareness-raising activities undertaken by the KOM in 2022, including the conduct of seminars and distribution of materials on trafficking in persons. The KOM made recommendations on improvements to be made in the field of trafficking in persons which include, amongst others, the need for strengthened cross-sectoral cooperation in providing assistance to victims of trafficking; the elaboration of a new action plan or a strategy against trafficking in persons; as well as the establishment of a national independent rapporteur. The Committee requests the Government to continue to provide information on the activities undertaken by the KOM to ensure systematic and better coordinated action of relevant stakeholders for combatting trafficking in persons. It further requests the Government to provide information on the adoption of a new action plan as well as on the measures taken or envisaged to follow-up on the KOM’s recommendations presented in its annual reports.

Article 2 of the Protocol.Measures to prevent forced labour. Information and protection of migrant workers and refugees from abusive practices. The Committee notes that the Action Plan to Combat Social Dumping and Work-Related Crime provides for a number of measures to prevent exploitation of migrant workers and refugees. In particular, such measures include informing migrant workers and refugees as well as businesses about employment rights and working conditions; ensuring proper housing conditions when accommodation is provided by employers; and adjustment of immigration regulations. The Committee further notes that the NLA has produced jointly with labour inspectorates in other countries information materials in Norwegian and other languages for migrant and posted workers in Norway. The Committee requests the Government to continue to take measures to inform migrant workers and refugees on their rights and protect them from abusive practices, including within the framework of the Action Plan to Combat Social Dumping and Work-Related Crime.

Article 2(e) of the Protocol. Supporting due diligence. The Committee takes note of the adoption in 2021 of the Transparency Act imposing on larger enterprises the duty to carry out due diligence to identify, prevent and mitigate violations of fundamental human rights and ensure decent working conditions in connection with their activities and to publish a report in this regard. The Committee requests the Government to provide information on the manner in which enterprises comply with their obligations under the Transparency Act, and on measures taken to support them in this respect.

Article 3 of the Protocol. Identification and assistance to victims. The Committee observes from the 2022 KOM’s report that 176 presumed victims of trafficking received assistance from housing programmes and/or follow-up assistance programmes in 2022; 197 in 2021; and 254 in 2020 and that victims of trafficking are mainly foreign nationals who have been in Norway for a short period without legal residence. According to the 2022 GRETA’s report, the National Criminal Investigation Service (KRIPOS) has developed a list of operational indicators of exploitation and forced labour for use by labour inspectors. The report also stresses that a low number of victims apply for a reflection period and that presumed victims of trafficking who are in contact with the police during a criminal investigation which does not concern trafficking in persons may not be identified as victims of trafficking and receive the necessary protection and support. The Committee requests the Government to provide information on the measures taken to continue to strengthen the victim identification processes and ensure their effective protection, recovery and rehabilitation, including the benefit of a reflection period.

Article 4 of the Protocol. 1. Access to remedies. The Committee takes due note of the adoption of the Act on Compensation from the State to Victims of Violence (the Violence Compensation Act) in 2022. According to the Violence Compensation Act, victims of criminal offences, including trafficking in persons, may obtain state compensation within criminal proceedings. In case of an absence of criminal proceedings, victims may submit a request for compensation to the Office for Compensation for Victims of Violence. The Committee notes from the 2020 Government’s reply to the Questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings that the appointed legal counsel can prepare compensation claims to be decided by the courts when the victim has left the country and a trafficking case is ongoing. The Committee requests the Government to provide information on the number of victims of trafficking who have received (i) compensation from the perpetrator; (ii) state compensation under the Violence Compensation Act, specifying the number of victims who are outside the country.

2. The obligation not to treat victims of forced labour, as offenders. The Committee takes due note that the 2021 amendments to section 62(a) of the Criminal Procedure Act have extended the possibility for the non-punishment of victims for their involvement in offences in case they have been compelled to do so. In particular, victims involved in offences punishable with a penalty of imprisonment of more than two years are now also covered by the non-punishment provisions. In this respect, the annual guidelines issued by the Director of Public Prosecutions in 2021 and 2022 reportedly underline the obligation of the non-punishment of victims. The Committee however notes that in its 2022 report of 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 Norway, GRETA expressed concern that the non-punishment provision is not sufficiently and consistently applied by the prosecution and the courts. The Committee requests the Government to provide information on the measures taken to ensure that law enforcement bodies make use of the non-punishment provision so that victims of forced labour are not prosecuted for their involvement in unlawful activities which they have been compelled to commit as a direct consequence of being subjected to forced labour. Please provide any statistical data in this respect, if available.

Article 25 of the Convention and Articles 1(1) and 2(c)(ii) of the Protocol. Prosecution and application of dissuasive penal sanctions. The Committee notes the establishment of anti-trafficking units in all 12 police districts of the country. According to the 2022 KOM’s report, in 2022, 32 reports of trafficking in persons were registered; 20 cases were prosecuted which resulted in 3 indictments. There were no court decisions on trafficking in persons in 2022. The Committee further notes that in its 2022 report, GRETA expressed concern at the drop in the number of convictions for trafficking in persons and noted the lack of resources and prioritisation which contributed to low prosecution and conviction rates of perpetrators. The Committee requests the Government to continue to strengthen the capacities of law enforcement bodies to ensure that all cases of trafficking in persons 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, prosecutions, convictions and penalties imposed under sections 257 (trafficking in persons) and 258 (serious trafficking in persons) of the Criminal Code. The Committee also requests the Government to provide information on investigations and prosecutions of cases of forced labour under section 224 of the Criminal Code as well as of any work-related crime amounting to forced labour.