[ Human Trafficking, Country-by-Country ]

PORTUGAL (Tier 2) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of Portugal does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period, considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore Portugal remained on Tier 2. These efforts included identifying and assisting more presumed trafficking victims, increasing funding for victim assistance, and prosecuting slightly more suspected traffickers. Law enforcement continued participating in international investigations and operations, which resulted in the identification of several potential victims. However, the government did not meet the minimum standards in several key areas. While the government did not provide full sentencing data, of the available data, judges issued lenient sentences resulting in at least 71 percent of convicted traffickers receiving fully suspended sentences or fines, which undercut efforts to hold traffickers accountable, weakened deterrence, created potential security and safety concerns for victims, and was not equal to the seriousness of the crime. For the third consecutive year, the government did not identify any victims among the asylum-seeking population because of ongoing gaps in victim identification and the number of confirmed victims continued to decrease significantly. The government also did not provide compensation to any trafficking victims in 2021 and restitution remained rare.

Prioritized Recommendations

Improve efforts to proactively identify victims within the country, including Portuguese nationals, children, sex trafficking victims, and victims within the asylum-seeking population, by systematically training government officials, particularly immigration police, labor inspectors, and law enforcement, on proactive victim identification among vulnerable groups.

Vigorously investigate and prosecute trafficking crimes, and seek adequate penalties for convicted traffickers, including complicit officials, which should involve significant prison terms.

Increase trafficking survivor access to damages and compensation and increase prosecutors’ efforts to systematically request restitution for survivors during criminal trials, including by training prosecutors and magistrates on victims’ right to restitution.

Allow formal victim identification and referral from entities other than the police, including civil society, social workers, and health care professionals.

Ensure law enforcement cooperation is not a requirement for formal victim identification.

Increase efforts to implement strong regulations and oversight of labor recruitment companies that are consistently enforced by investigating fraudulent labor recruitment and ensuring cases with indicators of labor trafficking are prosecuted under the trafficking statute.

Allocate additional resources and capacity for labor inspectors to detect labor trafficking.

Increase efforts to enforce the law prohibiting recruitment fees charged to workers and ensure any recruitment fees are paid by employers.

Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked.

Increase survivor input when forming policies, programs, and trainings.

Increase efforts to pursue financial crime investigations in tandem with human trafficking cases.