Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Hongrie (Ratification: 1956)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that section 192(1) and (2) of the revised Criminal Code of 2012 criminalizes the sale, purchase, exchange, transfer, transport, recruit, receipt or shelter of another person for the purpose of exploitation and establishes penalties of one to five years of imprisonment. Increased penalties are provided for under section 192(3) and (4) if trafficking in persons has been committed through the use of force or by deception and for trafficking of persons under the age of 18. The Committee further noted that a National Strategy against Human Trafficking had been adopted for the period 2013–16. The Committee requested the Government to provide information on the impact of the abovementioned strategy.

The Committee notes the Government’s indication in its report that, the 2016 amendment of the Criminal Code introduced new provisions to allow for the confiscation of the assets acquired by the person committing trafficking in persons (section 192(1)–(7)) or forced labour crimes (section 193). Similarly, the 2017 amendment of the Criminal Procedure Code, which entered into force in 2018, requires that victims of trafficking and forced labour are afforded priority protection. The Government also states that, according to the data of the Ministry of Interior, 19 proceedings were started in the country on the suspicion of trafficking in the period between 1 January 2016 and 30 June 2018. Neither the territorial bodies nor the Emergency Preparedness Unit made any notice to the National Police Headquarters regarding any practical difficulties in relation to the investigation of these criminal offences.

With regard to the National Strategy for Combating Trafficking in Human Beings (2013–16), the Government indicates that the Strategy has set out a total of 47 measures, including: (i) effective identification of victims of trafficking; (ii) strengthening the cooperation with relevant stakeholders; and (iii) protection of the rights of the victims by ensuring their safe return and the government-level mapping of the possibilities of reintegration, including the development of supportive measures. The Government further indicates that there has been no official impact study or impact assessment analysis regarding the implementation and results of the Strategy. However, the Ministry of Interior has started to prepare the new National Strategy against Human Trafficking. Furthermore, the Government indicates that it has participated in the EU Project designated EMPACT (European Multidisciplinary Platform Against Crime Threats), coordinated by Europol that aims at increasing the number of joint investigations and joint investigation teams. Since 2009, a total of 21 joint investigation teams have been established, nine of which were established with regard to the criminal offence of trafficking in persons. In July 2018, seven of these joint investigation teams were in active operation, three of which were in relation to trafficking in persons. The Committee requests the Government to indicate the number of victims who have been identified, protected and reintegrated following the implementation of the National Strategy for Combating Trafficking in Human Beings (2013–16), and to indicate whether the new Strategy to Combat Human Trafficking has been adopted and to provide information in this respect. Moreover, the Committee requests the Government to provide statistical information on the legal proceedings initiated, and convictions and penalties imposed.