Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

France

Forced Labour Convention, 1930 (No. 29) (Ratification: 1937)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2016)

The Committee notes the observations of the General Confederation of Labour (CGT) and the French Democratic Confederation of Labour (CFDT), received on 30 August and 24 October 2024, and the Government’s replies to those, received respectively on 25 October and 14 November 2024.

The Committee notes the information provided by the Government on the measures taken with regard to awareness-raising (Article 2(a) of the Protocol) and identification of trafficking victims among asylum seekers (Article 3 of the Protocol).

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. National plan and coordinated and systematic action against forced labour. In response to the Committee’s previous comments, the Government indicates in its report that the third National Plan to Combat Exploitation and Trafficking in Persons 2024–2027 (hereafter National Plan 2024–2027) was developed under the aegis of the Inter-ministerial Mission for the Protection of Women against Violence and the Fight against Trafficking in Persons (MIPROF), in line with a new participatory approach that brings together a number of ministers and civil society actors, as well as the National Advisory Commission on Human Rights (CNDH), as the independent national rapporteur on trafficking. This National Plan focuses on six key areas, particularly awareness-raising in society and training for professionals, protection and support for victims, stepping up the fight against trafficking (through specific measures for different forms of trafficking) and international cooperation.

With regard to the strengthening of the MIPROF coordination committee, which ensures the monitoring of the implementation of actions in the National Plan, the Government specifies that it plans to meet quarterly and that an implementation report will be prepared and publicized mid-term (late 2025 to early 2026). In addition, the number of MIPROF officials assigned to the area of trafficking in persons has been increased from one to three. The Committee also notes that the National Plan 2024–2027 provides for the establishment of a national observatory on exploitation and trafficking in persons, aimed at strengthening data collection.

The Committee welcomes the efforts made by the Government and requests it to provide information on the results achieved within the framework of the National Plan to Combat Exploitation and Trafficking in Persons 2024–2027, including with regard to the establishment of a national observatory. It requests the Government to indicate the main findings of the mid-term report and to specify the challenges met in the implementation of the National Plan and the measures taken to overcome those.

Article 2 of the Protocol. Prevention measures. Clause (e). Supporting due diligence. Further to the Committee’s previous comments, the Government indicates that it has not yet been possible to finalize the interoccupational partnership agreement to combat trafficking in persons between MIPROF, the Ministry of Labour and the social partners, provided for by the National Plan to Combat Illegal Labour 2023–2027. It adds that the National Plan to Combat Exploitation and Trafficking in Persons 2024–2027 provides for support for priority occupational branches (for example, in agriculture and construction) in preparing sectoral partnership agreements, including actions to combat trafficking and raise awareness among officials in the sectors concerned. Furthermore, MIPROF has carried out awareness-raising activities and deployed tools relating to trafficking in persons for persons involved in tourism.

With regard to Act No. 2017-399 of 27 March 2017 on the due diligence of parent companies and contracting enterprises (which provides that the largest enterprises are required to establish and implement a vigilance plan), the Government indicates that it applies to some 250 French enterprises. It specifies that enterprises that do not meet the requirements in this regard may be brought before the courts, and that two chambers were created within the French courts in 2024 to deal specifically with disputes concerning due diligence. The Government also indicates that the Act was subject to a comprehensive review in 2020, but that no further analysis has been carried out because the framework is set to change significantly, including as a result of the European Union Regulation on prohibiting products made with forced labour on the Union market and Directive (EU) 2024/1760 on corporate sustainability due diligence.

The Committee notes that, in its observations, the CGT highlights that vigilance plans are often limited to listing certain risks, particularly those related to the enterprise’s activity, and are vague in terms of their scope of application, the methodologies used and the resources allocated. The CGT also highlights that few enterprises collaborate openly and transparently with the stakeholders involved – the role of trade unions, for example, is never specified. In its observations, the CFDT indicates that the application of above-mentioned Act No. 2017-399 contains several gaps, such as: (i) the absence of a public list on the structure of French enterprises that identifies those subject to the Act in question; (ii) the absence of monitoring of the implementation of the Act by an independent State authority; (iii) gaps in the identification of risks of human rights violations, particularly risks of forced labour; and (iv) the lack of association among the trade union organizations in the development of vigilance plans and in the collection of reports of breaches of due diligence, irrespective of the legal requirements. The CFDT highlights that, based on investigations carried out by non-governmental organizations, of the 279 French enterprises that are bound by the Act of 27 March 2017, 57 have reportedly not yet published a vigilance plan.

The Committee notes that, in its response to the CFDT’s observations, the Government indicates that there is no public list of the structure of French enterprises, as this is not required by law. It specifies that the Act provides that persons with an interest in taking action may report any breach to the competent judicial authority, in order that it issues a warning to the enterprise to comply with its obligations. The Government indicates that the entry into force of Directive (EU) No. 2024/1760 should allow for the other gaps mentioned to be rectified.

The Committee encourages the Government to continue its efforts to support due diligence by the public and private sectors, and requests it to provide information on the implementation of the Act of 27 March 2017 and the transposition of the above-mentioned European texts at national level, and on their impact on the prevention of forced labour. It requests the Government to specify the number of enterprises that have met their requirements under the Act of 27 March 2017, and the number of enterprises that failed to meet these requirements, and to provide information on the disputes related to due diligence.

Article 3 of the Protocol. (i) Identification and protection of victims. The Committee notes that the National Plan 2024–2027 provides for the national mechanism for early identification, referral and protection (MNIOP) of victims. The Government indicates that the establishment of a digital platform for reporting and supporting victims is under consideration and that the national system of safe emergency accommodation for adult victims of trafficking (Ac.Sé) now has over 91 partner structures.

The Committee notes, from the study on the exploitation and trafficking of persons, published in October 2024 by the ministerial statistical services of internal security and the Ministry of Justice, that in 2023, 404 trafficking victims were registered by the police and the gendarmerie (nearly a 12 per cent rise compared to 2022), 12 victims of forced labour, 12 of enslavement, and 6 of servitude. Among the 404 trafficking victims identified, 49.8 per cent were foreign nationals from African countries and 18.1 per cent were French nationals. The Committee once again expresses its hope that the national mechanism for early identification, referral and protection of victims will be adopted in the very near future, and requests the Government to indicate progress made in this regard, including in the potential implementation of a digital platform. The Committee also requests the Government to continue to provide information on the number of victims of forced labour (trafficking in persons, forced labour, servitude, enslavement) identified, specifying the number of victims who have received assistance services and the nature of the assistance provided.

2. Right of residence for foreign nationals who are victims of forced labour. The Committee notes that the study on the exploitation and trafficking of persons, published in October 2024, mentions that: 499 residence permits were issued in 2022 and, based on temporary data, 613 were issued in 2023 to victims of trafficking or procuring who have been involved in criminal proceedings (section L.425-1 and section L.425-3 of the Code concerning the entry and stay of foreigners and the right to asylum (CESEDA)); 818 residence permits were issued in 2022 and, based on temporary data, 989 were issued in 2023 to victims of trafficking for sexual exploitation or procurement, conditional upon removal from prostitution, and vocational and social reintegration (section L.245-4 of the CESEDA); and eight documents setting out a 30-day reflection period were issued in 2022 for victims of trafficking or procuring, during which time no deportation decisions against the foreign national may be taken, provided that ties with the perpetrators of the offence have not been re-established (section R.425-2 of the CESEDA). The study reveals that the number of documents concerning residency issued to non-national victims of trafficking or procuring was at a peak in 2023.

The Government also indicates that it is not possible at this stage to determine the number of residence permits granted to victims of trafficking under the exceptional admission to residence scheme (section L.435-1 of the CESEDA) for victims not wishing to collaborate with the authorities. It adds that non-national victims of enslavement, servitude and forced labour may be granted the right to remain under section L.425-1 of the CESEDA. The Committee observes, however, that section L.425-1 refers only to offences of trafficking and procuring.

In this regard, the Committee notes the CGT’s indication that the fact that the offence of trafficking is rarely invoked prevents victims from claiming a residence permit based on section L.425-1 of the CESEDA. The CGT also highlights the administrative and digital difficulties victims contend with when applying for a residence permit, as well as a certain tendency among untrained foreign affairs officials in prefectures to be generally suspicious of victims.

In addition, the Committee notes that the National Plan 2024–2027 provides for the establishment of a working group to examine the need to develop administrative measures to improve support with regard to safeguarding and granting the right to stay for non-national victims of trafficking. The Committee encourages the Government to continue to ensure that all foreign victims of forced labour enjoy the rights provided for in the CESEDA with regard to granting a reflection period and residence permits. It requests the Government to indicate the number of trafficking victims who have been granted a reflection period under section R.425-2 of the CESEDA, as well as the number of victims of other offences relating to forced labour (enslavement, servitude, forced labour) who have been granted a residence permit.

Article 4(1) of the Protocol. Access to remedies. The Committee recalls that victims of forced labour may request comprehensive compensation for damages suffered within the context of criminal proceedings. In civil courts, any employee who has been employed in undeclared work is entitled, in the event of termination of the employment relationship, to a lump sum payment equal to six months’ wages. The Government indicates that, with regard to trafficking in persons, 15 claims for compensation were received in 2021 in the context of criminal proceedings, 12 in 2022 and 16 in 2023. It adds that, in order to ensure effective access to compensation, evidence concerning the damages suffered by the victim and financial gains from their exploitation is systematically investigated during the judicial inquiry. The Committee requests the Government to continue its efforts to ensure that all victims of forced labour may exercise their rights and effectively receive compensation. It requests the Government to provide information in this regard and to indicate the number of victims of trafficking or any other form of forced labour who have received compensation for damages suffered in the context of criminal proceedings, as well as the number of victims who have received compensation awarded by the civil courts.

Paragraph 2. Absence of prosecution or penalties for unlawful activities that victims have been compelled to commit. The Committee recalls that section 122-2 of the Criminal Code provides that no penalty may be imposed on a person who has been compelled to participate in unlawful activities. It notes that in response to its request concerning the application in practice of the notion of coercion for victims of forced labour, the Government refers to the legal policy memorandum of 22 January 2015 concerning the fight against trafficking in persons, according to which priority must be given to the main members of the criminal organization, while the victims must be provided primarily with protection. This memorandum is regularly recalled to magistrates during training. The Government also refers to the legal policy memorandum of 28 March 2023 concerning the fight against violence against children, which indicates that, where the conditions of coercion are met, charges should be dropped.

The Committee also notes that, in its opinion on trafficking for the purpose of compelling a person to commit a crime or offence, of 28 March 2024, the CNCDH urged the public authorities to consider any person compelled to commit a crime or offence as a victim with rights and not as the perpetrator of an offence, in accordance with the non-punishment principle. The Committee therefore requests the Government to indicate whether in practice the legal policy memorandum of 22 January 2015 concerning the fight against trafficking in persons and the legal policy memorandum of 28 March 2023 concerning the fight against violence against children are followed by magistrates. It also requests the Government to indicate any measures taken to ensure that section 122-2 of the Criminal Code is applied in practice to victims of offences involving forced labour, including when they are of the age of majority.

Article 6 of the Protocol. Consultation with employers’ and workers’ organizations. In response to its request concerning the manner in which employers’ and workers’ organizations are consulted, the Government indicates that MIPROF has consulted trade unions and employers’ organizations in several ways with regard to the development of the third National Plan 2024–2027, including by consulting the CNCDH, of which several organizations are members, and by inviting them to a dedicated webinar in November 2023. The Government also indicates that the CGT and the CFDT are systematically invited to participate in the work of MIPROF, particularly in the coordination committee on trafficking.

The Committee notes that, in its observations, the CFDT indicates that, given the very short time between the invitation to the consultation on the third National Plan and the date of the meeting, as well as the failure to send documents and the agenda in advance, it was unable to participate in the consultation in question. In its reply, the Government indicates that several social partners were invited to the forthcoming committee on the monitoring of the National Plan 2024–2027. The Government also indicates that the National Plan provides for the mobilization of the social partners as part of the implementation of measures to more effectively fight against trafficking for the purposes of economic exploitation and labour. The Committee encourages the Government to continue its efforts to ensure the effective consultation of employers’ and workers’ organizations with regard to the adoption and implementation of measures to prevent and eliminate forced labour, including within the framework of the National Plan 2024–2027.

Article 25 of the Convention and Article 1(1) of the Protocol. 1. Prosecution and imposition of effective penalties. The Committee previously noted the difficulties in the classification of offences and in effective penalties against the perpetrators of trafficking in persons, and requested the Government to continue to increase the knowledge and capacity of law enforcement bodies in this area, and for information concerning the various offences under the Criminal Code involving forced labour (forced labour, servitude and enslavement).

The Committee notes, from the study on the exploitation and trafficking of persons of 2024, that the number of persons accused of trafficking in persons in 2023 was 242, five for enslavement and five for forced labour. In 2022, 65 persons were convicted of trafficking in persons. With regard to property seized in cases involving at least one offence of trafficking, the Government indicates that it has increased sharply in recent years, from 5,907 properties seized in 2019 to 8,014 in 2022.

The Committee also notes the Government’s reference to several cases of trafficking in persons for labour exploitation, particularly against non-national workers in irregular situations. It observes that offenders have been sentenced to maximum terms of two years’ imprisonment, and that in two cases of aggravated trafficking involving several persons, the perpetrators were sentenced to one year’s imprisonment (with a suspended sentence and a fine). In this regard, the Committee recalls that, with respect to the severity of the aggravated crime of trafficking in persons and the genuinely dissuasive nature that the penalties must have, a very short prison sentence or suspended sentence do not constitute an effective penalty.

The Government also indicates that the officials who have received training on trafficking in persons include magistrates, some border police officers, and specialized investigators responsible for unlawful labour and fraud, as set out in the National Plan 2024–2027, which provides for the roll-out of a national training plan on trafficking for front-line officials. With regard to the classification of the offence of trafficking in persons, the Government refers to the legal policy memorandum of 28 March 2023 concerning the fight against violence against children, which encourages the prosecution services to have recourse to the offence of trafficking in persons, as does the legal policy memorandum of 22 January 2015 concerning trafficking in persons.

The Committee notes that, in its observations, the CGT indicates that the exploitation of migrant workers in the country remains a modern plague which is not properly taken into account. Despite a significant increase in inquiries into trafficking in persons for sexual exploitation, the human, technical and financial resources are not sufficient and difficulties remain in criminal proceedings and convictions against perpetrators involved in offences of forced labour, trafficking in persons and servitude. The CGT maintains that the offence of trafficking in persons is rarely invoked, as the cases tend to be seen as violations of the Labour Code (such as “disguised employment”) rather than as the crime of trafficking in persons, both in the reporting of offences by the labour inspectorate, and during the criminal inquiries and classification of the offences by the prosecution services.

The Committee requests the Government to take the necessary measures to ensure that cases of trafficking in persons, forced labour, servitude and enslavement are effectively detected and inquiries led in order to ensure appropriate classification of the offences and the launch of criminal proceedings. It requests the Government to continue to strengthen the capacities of the relevant law enforcement bodies. It also requests the Government to provide information on the inquiries led, the proceedings launched and the convictions brought for the crimes of trafficking in persons (section 225-4-1 of the Criminal Code), forced labour (section 225-14-1 of the Criminal Code), servitude (section 225-14-2 of the Criminal Code) and enslavement (section 224-1 A and B of the Criminal Code), specifying the penalties imposed and the difficulties met in these proceedings.

2. Labour inspectorate and collaboration. With regard to building the capacities of the inspection services to detect situations of forced labour, the Government indicates that the National Plan 2024–2027 provides for better integration of labour inspectors in the process of identification and referral of foreign national victims of trafficking for labour exploitation. The Government also indicates that the regional contact networks for trafficking in persons, which are found within each Regional Directorate for the Economy, Employment, Labour and Solidarity (DREETSs), provide assistance and support for labour inspectors with regard to trafficking in persons. The contact points play the role of representatives and referees with the departments and associations involved in supporting victims, and participate in raising the awareness of actors in the world of work.

The Government indicates that in 2023, four labour inspection interventions resulted in the identification of cases that could be classified as trafficking in persons, and none involving forced labour or servitude. With regard to joint referrals of cases to the courts by the labour inspectorate together with a judicial police service, the Government indicates that a document is regularly updated to set out the terms of coordination between the internal security forces in charge of the criminal inquiry and the investigations of labour inspection, and to present the tools and resources available in this area. The Government adds that the 2023 annual reports of the public prosecutor show that recourse to joint referrals of cases by specialized departments is considered almost systematically by the prosecution services on criminal labour law and that many prosecution services have signed protocols setting out with the specialized departments the terms for recourse to joint referrals in this area. The Committee encourages the Government to continue its efforts to strengthen collaboration among the services concerned, as well as the capacities of labour inspection officials, in order to facilitate the detection of situations of forced labour. It requests the Government to continue to provide information on the measures taken in this regard, particularly on the number of joint referrals between the labour inspectorate and the public prosecution services in relation to cases of forced labour.

Article 2(2)(c) of the Convention. Prison work for private enterprises. The Committee previously noted 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). It also noted that the minimum hourly rate in detention, set by decree, was 20 to 45 per cent of the national minimum wage depending on the type of job; and encouraged the Government to continue its efforts to bring the level of remuneration of prisoners working for private enterprises up to the rate of the national minimum wage.

The Government indicates that the minimum pay threshold may be exceeded, on the basis particularly of technical skills and competencies required for the job. Remuneration for work by prisoners can also comprise bonuses, which may be related to productivity, seniority, acquisition of technical skills or other exceptional circumstances. The Committee also notes that, in its 2022 conclusions, the European Committee of Social Rights referred to information showing that prisoners are remunerated, in practice, at a rate lower than that established by decree.

The Committee requests the Government to indicate the measures taken to ensure compliance with the minimum wage, set by decree, for prisoners working for private enterprises, and to continue to bring the level of remuneration of these prisoners up to the rate of the national minimum wage. It also requests the Government to indicate the number of prisoners working for private enterprises, and to provide information on their average level of remuneration.