Through the Project SUL 2, APAV has carried out several initiatives to prevent human trafficking and has developed a manual, which issues the specific given support to victims of this crime. For more information, see the webpage of the project – www.apav.pt/sul

On the street where I live, there is an erotic nightclub or gentlemen’s club where some foreign women work. They can never leave the house, and the neighbours often hear them being assaulted by security guards. What can I do to help them?

The fact that the women are not allowed to leave the house freely and are being physically assaulted indicates that they may be victims of human trafficking. Being deprived of their liberty and autonomy, human trafficking victims often fail to ask for help. This is why it is very important for people who have knowledge of the situation to file a report to the authorities. After making the report to the police or to the Foreigners and Borders Service (SEF) – who is responsible for investigating this type of crime – law enforcement officials will investigate the incident(s) and provide assistance to human trafficking victims. 

Back in my home country, I met a gentlemen who offered me a job at his cousin’s restaurant in Portugal. When I arrived here, I found the conditions to be very different from what was described or agreed upon. They took my passport, did not contract me, forced me to work for 20 hours a day in the kitchen, denied me my salary and forbade me to speak with customers or go out alone. One night I ran away while the boss was sleeping, but I am afraid to go to the police because I am undocumented and afraid of being arrested. What can I do?

This situation already presents several clues that indicate a crime of human trafficking has occurred. The fact that you came to Portugal by your own freewill and have accepted the proposed work (under the conditions originally agreed upon) does not in any way negate the recognition of this crime. Although you are undocumented, you can still go to the authorities to make a report or complaint. Most importantly, the law gives victims of human trafficking some protective measures; therefore, it is crucial to report the crime to authorities. 

My boss promised me good working conditions. But that did not happen, and I am now being exploited (I earn less than 400€, live in a degrading accommodation, receive extended hours of work and yet no salary increase). What can I do?

These working conditions mean that you are suffering from labour exploitation. Such a situation does not constitute a crime, and therefore must be reported to the Authority for Working Conditions (ACT), who will analyse the situation and may fine your employer.

However, if your employer or another person has recruited, helped, or convinced you to come to Portugal or to a different area from your original country of residence – promising you good working conditions and not following through with this promise, this person may have committed a crime of human trafficking. 

How can I determine whether or not it is labour exploitation?

The International Labour Organisation - ILO (Organização Internacional de Trabalho – OIT) has laid out six indicators to assist in identifying labour exploitation. Please note that just one of these indicators is enough to deem a work situation to be exploitative.

• Threatening workers with actual physical danger
• Restriction of movement or isolation to a workplace or to a limited area
• “Debt bondage”: when a worker works to pay off a debt or loan. The employer may provide food and accommodation, but the employee is not paid for his or her work. They employer may also provide food and accommodation at a price so high that the worker can never afford to repay the debt
• Keeping passports or identification documents so that workers cannot leave or prove their identity or status
• Threats of reporting the workers’ illegal status to law enforcement authorities

 If you are subjected to one or more of these situations or know of someone who is, please contact APAV | UAVM or the Authority for Working Conditions (ACT). 

I handed my documents to my girlfriend because she promised me that she would help get me a job. However, she did not return. Can she do that?

No. When a person does not return the documents to the owner after being asked, he or she is committing of crime of document theft. Being a victim of this crime, you can file a report to the police, and any authority can then help you or can accompany you to retrieve your documents.

This may indicate a practice of more serious crimes, such as human trafficking. If the documents are withheld in an attempt to coerce you to work in occupations that you do not wish for, to do something you do not want to do, to help bring other people to work in these occupations, to stay in your house and not leave, or other reasons related to these indicators, then there are reasons to believe that you have been a victim of human trafficking. 

My boss told me that he will not return my passport until I’ve worked a period of six months. Is this also a crime?

Yes. Employers cannot retain the documents of employees. Also in this case, care must be taken to handle the occurrence of a more serious crime. 

What are the risks of practicing female genital mutilation?

Although often the families of the girls are in favor of this practice and find many reasons to keep it, it is certain that genital mutilation carries many health risks for those who are subjected to it. Right at the time when the mutilation is performed, the girl may have severe bleeding and can contract diseases, such as tetanus, because unhygienic tools and instruments are used. During the healing process, ulcers and cysts may appear at the infected site, in addition to internal scarring. In the long run, in addition to the psychological consequences (e.g. trauma), girls who underwent genital mutilation may experience pain during intercourse, urinary infections and obstruction of the vaginal canal (damaging the exit of menstrual flow and exit of the baby during childbirth). 

Is female genital mutilation a crime in Portugal?

Yes. Although there is no specific law against female genital mutilation, this conduct can fall within the crime of serious bodily harm (Article 144º). In Portugal, female genital mutilation is a crime, a severe offense done against aIn Portugal, female genital mutilation is a crime, a severe offense done against aperson’s bodily integrity (as stated in Article 144º of the Penal Code), which can resultin two to ten years of imprisonment.

When I was little, I was subjected to genital mutilation in the country where I was born. Later I immigrated with my parents to Portugal, and now I am a mother of a young girl. My parents want to take my daughter to our country next summer so that she can also undergo female genital mutilation, but I do not agree to this. What can I do?

Female genital mutilation is usually performed during cultural festivals where it is a part of the tradition of certain social groups. Many of these communities today are able to maintain these festivities without practicing genital mutilation. Since you know that the rituals involve the actual practice of mutilation, do not allow your parents to take your daughter to that country without your accompaniment or consent. You can alert your parents to the fact that female genital mutilation is a crime in Portugal, and that the perpetrators of this practice can be criminally prosecuted. 

I know of a group of people who come every year to Portugal to perform genital mutilation of girls. Can I report this to the police?

Yes. Since female genital mutilation is considered a crime in Portugal, these individuals can be criminally prosecuted. If you have information on the identity of these individuals, you can also file a report to the Foreigners and Borders Service (SEF), who can investigate and stop their entry into Portugal