PORTUGAL: Tier 1
Portugal is a source, transit, and destination country for men, women, and children subjected to forced labor and
sex trafficking. Trafficking victims identified in Portugal are primarily from Africa and Eastern Europe, and—to a
lesser extent—Latin America and Asia. Foreign victims of forced labor are exploited in agriculture and domestic
service. Foreign women and children, mostly from Africa and Eastern Europe, are subjected to sex trafficking in
Portugal. Portuguese women and children are exploited in sex trafficking within the country. Portuguese victims,
primarily men, are subjected to forced labor in restaurants, agriculture, and domestic work in Portugal and Spain.
Portuguese victims have also been subjected to forced labor and sex trafficking in other countries, mostly in
Europe. Children from Eastern Europe, including those of Roma descent, are subjected to forced begging and forced
criminal activity in Portugal, often by their families. Authorities report traffickers bring women and children,
many from African countries, to Portugal and claim asylum before bringing victims to other European countries to be
exploited in trafficking.
The Government of Portugal fully complies with the minimum standards for the elimination of trafficking.
Government-provided data demonstrated increased accountability for labor and sex traffickers.The government funded
three NGO-operated shelters and multidisciplinary teams to assist victims. While authorities have increased efforts
to identify labor trafficking victims and hold labor traffickers accountable, the government identified few sex
trafficking victims in 2014. Cases of third-party prostitution of Portuguese children were not always treated as
child sex trafficking. Authorities identified a decreased number of potential and confirmed trafficking victims
compared with the previous year.
RECOMMENDATIONS FOR PORTUGAL:
Continue to increase efforts to investigate and prosecute trafficking
offenses and convict traffickers, issuing sufficiently dissuasive sentences; release guidance for law enforcement,
justice officials, and service providers clarifying third-party prostitution of children is child sex trafficking;
implement required and systematic training for all police, prosecutors, and judges to increase trafficking
investigations and victim identification and to encourage the use of trafficking laws for convictions with
dissuasive sentences; increase and document use of victim services, such as shelters and residence permits; provide
specialized shelter and assistance for child trafficking victims, including Portuguese child sex trafficking
victims; continue to train immigration and social workers, law enforcement, labor inspectors, and NGOs on victim
identification and referral; and continue to conduct trafficking awareness raising campaigns on forced labor and
sex trafficking.
PROSECUTION
The government strengthened law enforcement efforts. Portugal prohibits all forms of sex and labor trafficking
through Article 160 of the penal code, which prescribes penalties of three to 12 years’ imprisonment—penalties
sufficiently stringent and commensurate with those for other serious crimes, such as rape. Article 160 also
encompasses illegal adoption and organ removal. In addition, Article 159 prohibits slavery and prescribes penalties
of five to 15 years’ imprisonment, and Article 175 prohibits the prostitution of children, with penalties of one to
10 years’ imprisonment.
For the first time, Portuguese authorities reported data on law enforcement efforts from the previous calendar
year, including the number of convictions. In 2014, the government investigated 44 potential trafficking cases
involving 55 alleged offenders. Authorities did not report how many cases involved forced labor. The government did
not report the total number of trafficking prosecutions initiated in 2014, though prosecutors charged at least five
defendants in three labor trafficking cases. Authorities reported convicting 36 traffickers in 2014: 10 labor
traffickers and 10 sex traffickers under Article 160 and 16 traffickers under Article 159. Sentences ranged from
one year and three months’ imprisonment to 12 years’ imprisonment, and 10 traffickers received suspended sentences,
including all but one individual convicted of labor trafficking under Article 160.These convictions were not final
due to appeals lodged by defendants. In comparison, the government reported convicting nine traffickers in 2013,
four of which received suspended sentences; authorities did not report the outcomes for an additional 20 defendants
in trafficking court cases completed in 2013. Portuguese authorities also investigated and prosecuted human
trafficking as other crimes, such as pimping, criminal association, or abetting legal aliens, for which a lesser
burden of proof is required and convictions were easier to obtain. Experts identified a need for increased training
for local law enforcement and judges, who sometimes categorized trafficking as other crimes, such as domestic
violence or pimping. Press reports indicated child sex traffickers were convicted under pimping statutes in 2014.
Authorities provided anti-trafficking training to front-line responders, including police officers, labor
inspectors, and social workers.The government did not report any investigations, prosecutions, or convictions of
officials for alleged complicity in trafficking-related offenses.
PROTECTION
The government maintained victim protection efforts, though the number of potential and confirmed victims
identified decreased significantly compared with the previous year. Authorities
identified 26 potential victims and 20 confirmed victims in 2014. In comparison, in 2013, the government
reported 299 potential victims identified within Portugal; six potential Portuguese victims abroad; and 119
confirmed victims (initially reported as 45 confirmed victims in early 2014), all but three exploited in labor
trafficking.The 20 confirmed victims of trafficking in 2014 included 12 men in forced labor, five women in forced
labor, and two women in sex trafficking. Any front-line responders can refer potential victims of trafficking to
services, but only border and migration and judiciary police or prosecutors can confirm trafficking victims. Based
on the low number of child victims identified during the year and press coverage of law enforcement efforts and
convictions for pimping of children, some children in prostitution were likely not identified as trafficking
victims. In 2014, authorities published and distributed guidelines and practical tools for government officials and
NGOs on victim identification.
The government provided 204,000 euro ($248,000) in 2014 to an NGO to operate four multidisciplinary teams in
different regions in Portugal to assist victims and engage in training and awareness activities in partnership with
government officials. Confirmed victims had the right to shelter, health, psycho-social, legal, translation and
interpretation, and other services. Authorities reported 10 victims received assistance; it is unclear why the
other victims did not. There were three government-funded, NGO- run temporary shelters available for victims: one
for adult male victims and two for female victims and their children, including one opened in 2014. Authorities did
not report how many victims stayed at these shelters in 2014, and the shelters were reportedly undersubscribed. The
government reported providing almost 500,000 euro ($608,000) for the shelters in 2014. Child victims of trafficking
received services under the framework of the child protection system. Authorities did not report how many child
victims of third-party prostitution were assisted in 2014. An NGO reported partnering with the city of Lisbon to
provide some victims of sexual exploitation and sex trafficking with employment assistance.The government offered
victims a reflection period of up to 60 days, during which victims could recover before deciding whether to
cooperate with law enforcement.The law also provided for a one-year residence permit for victims cooperating with
law enforcement or based on a personal situation; this permit could be renewed for one year. One victim was issued
a residence permit in 2014, compared with two victims receiving permits in 2013. Authorities reported most
confirmed victims identified in 2014 returned to their home countries; it was unclear if these victims refused to
cooperate with law enforcement or did not want to remain in Portugal. NGOs and law enforcement reported some
victims were hesitant to speak with authorities. Comprehensive witness protection was guaranteed to victims who
assisted in trials. It was unclear how many victims received compensation from their traffickers, but two victims
received some compensation from the government.There were no reports of victims being penalized for unlawful acts
committed as a result of being subjected to trafficking.
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