EU Strategy on Eradication of Trafficking in Persons
Author: Womens UN Report Network
Date: June 4, 2012
WUNRN
European Commission
19 June 2012
EU STRATEGY TOWARDS THE
ERADICATION OF TRAFFICKING IN HUMAN BEINGS
What is trafficking in Human beings?
Trafficking in Human beings is the slavery of our
times. June 2012 estimates from the International Labour Organisation put the
number of victims of forced labour, including forced sexual exploitation, at
20.9 million at a global level[1][1]. 5.5 million of these are children. Such global
estimates are even considered to be conservative.
Victims are often recruited, transported or harboured
by force, coercion or fraud in abusive conditions, including sexual
exploitation, forced labour or services, begging, criminal activities, or the
removal of organs.
Trafficking in human beings is a severe crime that
takes many different forms, but whether they were sold for sex, hard labour in
agriculture, construction, or the textile industry, or forced into domestic
labour, victims share similarly gruesome stories.
Having to provide services seven days a week to pay
back ridiculous amounts of money to their traffickers, victims are often
deprived of their passports, and in many cases locked in and only allowed out
for ‘work’. Barred from contacting their families, they are threatened by their
traffickers and live in fear of retaliation. With virtually no money, and
having been made fearful of the local authorities by their traffickers, the
idea of escaping remains elusive – as is their prospect of returning to a
‘normal’ life.
What are the root causes?
Trafficking in human beings evolves with changing
socio-economic circumstances. It affects women and men, girls and boys in
vulnerable conditions.
It is rooted in vulnerability to poverty, lack of
democratic cultures, gender inequality and violence against women, conflict and
post-conflict situations, lack of social integration, lack of opportunities and
employment, lack of access to education, child labour and discrimination. Other
causes of trafficking in human beings include a booming sex industry and the consequent
demand for sexual services. At the same time demand for cheap labour and
products can also be considered as factors.
What is the situation in the EU?
Estimates put the number of victims across the
European Union at hundreds of thousands.
Trafficking does not necessarily involve the crossing
of a border, but it is predominantly a transnational type of crime, extending
beyond individual Member States. While many victims come from non-EU countries,
internal trafficking (i.e. EU citizens trafficked within the EU) appears to be
the rise. Most traffickers work within well-established networks which allow
them to move victims across borders or from one place to another within a
country.
Preliminary data collected by the Commission shows
that most of the registered victims in Member States are used for sexual
exploitation (an increase from 70% in 2008 to 76% in 2010). The remaining is
forced into labour (a decrease from 24% in 2008 to 14% in 2010), begging (3%)
and domestic servitude (1%). This data appears consistent with those provided
by international organisations, such as UNODC.
From a gender-specific point of view, preliminary data
available show that women and girls are the main victims of trafficking in
human beings; female victims accounted for 79% (of whom 12% were girls) and men
for 21% (of which 3% were boys) of victims between 2008 and 2010.
Comparable and reliable data is key in addressing
trafficking in human beings. That is why the strategy foresees specific actions
on data collection, including on the gender dimensions of human trafficking. In
the autumn of 2012, the Commission, in cooperation with Eurostat, will already
publish more detailed results.
What is already being done at EU level?
A major step forward was taken in form of the adoption
of EU legislation (Directive 2011/36/EU) which focuses on preventing the crime, protecting
the victims, prosecuting the traffickers and establishing partnerships, in
particular with civil society (IP/11/332).
If the Directive is fully transposed by April 2013 as
required, it has the potential to have a real and concrete impact on the lives
of the victims and to prevent others from falling victim to such a devastating
crime.
The Directive established the post of EU
Anti-Trafficking Coordinator with the task of ensuring policy coherence,
improving the coordination of efforts in addressing trafficking in human beings
within Union institutions and agencies and beyond and to contribute to the
development of existing and new policies. Myria Vassiliadou was appointed as EU
Anti-Trafficking Coordinator on behalf of the Commission in December 2010 and
took up her mandate in March 2011.
EU financial support already is and will continue to
be one of the main tools in preventing trafficking in human beings and
protecting its victims (information on projects can be found on the EU Anti-trafficking
website).
We are on the right track, but a lot remains to be
done to eradicate human trafficking.
Why an EU strategy?
As a next step to the Directive, the Commission
proposed concrete measures that complement legislation and the efforts
undertaken by governments, international organisations and civil society in the
EU and third countries.
It is a practical instrument addressing the main needs
and challenges in the EU for the next five years from a human rights and
gender-specific perspective.
The aim is to involve and ensure better coordination
between all possible actors working towards the eradication of trafficking,
such as police officers, border guards, immigration and asylum officials,
public prosecutors, lawyers, housing, labour, health, social and safety
inspectors, social and youth workers, consumer organisations, trade unions,
employers organisations, temporary job agencies, recruitment agencies, etc.
Concrete actions will include the funding of research
studies and projects, the establishment of platforms, coalitions and
partnerships, the development of guidelines and best practices,
awareness-raising campaigns and trainings, etc.
Which are the priorities identified by the strategy?
The strategy identifies five priorities and outlines a
series of initiatives for each of them, such as:
1. Strengthening the identification, protection and
assistance to victims, with a special emphasis on children.
· Developing a model for an EU Transnational Referral
Mechanism which links national referral mechanisms (cooperative frameworks
through which state actors fulfil their obligations to protect and promote the
human rights of trafficked persons) to better identify, refer, protect and
assist trafficked victims (2015).
· Providing and disseminating clear user-friendly
information on the labour, social, migrant and compensation rights individuals
are entitled to as victims of trafficking in human beings under EU law (2013).
2. Stepping up the prevention of trafficking in human
beings, including by reducing demand
· Funding research on the reduction of demand for and
supply of services by victims of trafficking, including for the purpose of
sexual exploitation (up to € 2.5 million under the 7th Framework Programme in
2013).
· Facilitating the establishment a European Business
Coalition against trafficking in Human Beings to improve cooperation between
companies and stakeholders (2014).
3. Increasing prosecution of traffickers
· Supporting the establishment of national law
enforcement units specialised in human trafficking. These dedicated teams
should become the contact points for EU agencies, in particular Europol, and focus
on all forms of trafficking (Ongoing).
· Developing proactive financial investigations and
cooperation with EU agencies on trafficking cases through the sharing of best
practices. Gathering more evidence from money trails might provide the necessary
additional proof, particularly in high risk sectors, thus relieving victims of
the burden of testifying in Court (2013).
4. Enhancing coordination, cooperation and coherence
within the EU, with international organisations, and with third countries,
including civil society and the private sector
· Establishing an EU platform of civil society
organisations and service providers working on victim protection and assistance
in
· Designing more uniform and consistent trainings for
those who work in the field, targeting in particular judiciary and cross border
law enforcement officials (2012).
5. Increasing knowledge of, and effective response to,
emerging trends in human trafficking
· Developing an EU wide system for the collection and
publication of reliable and comparable data, which will notably help better
understanding on new flows and trends, such as internal trafficking, and the
gender dimension of trafficking (2014).
· Supporting research projects targeting the Internet
and social networks which have become increasingly popular recruitment tools
for traffickers (2014).
How will it improve the situation for victims?
Working towards the elimination of trafficking in
human beings cannot be achieved without placing the victim at the centre of any
actions and initiatives.
This victim-centred approach is present throughout the
whole strategy.
One priority is to better identify, protect and assist
victims. The identification of trafficking cases remains difficult, even though
many people could potentially come in contact with a victim. The Commission
proposes, for instance, to develop guidelines to help practitioners as well as
consular officials and border guards better identify victims of trafficking.
In order to better assist victims in a cross-border
situation the strategy also suggests to develop a model for an EU Transnational
Referral Mechanism which will link different national referral mechanisms to
better identify, refer, protect and assist victims. These national referral
mechanisms formalise cooperation among government agencies and non-governmental
groups dealing with trafficked persons. Such a mechanism can, for example,
establish contact points in the countries involved and clearly assign
responsibilities to the relevant actors so that the victim is assisted and
protected at all times. This is particularly important in order to ensure that
victims who decide to return to their country of origin continue to be
supported in that country so that they can fully recover and re-integrate into
society.
The strategy also aims to provide clear information to
victims on their rights under EU law and national legislation, in particular
their rights to assistance and health care, their right to a residence permit
and their labour rights, their rights regarding access to justice and to a
lawyer, and on the possibilities of claiming compensation.
How is the particular situation of children addressed?
Children are trafficked for various reasons including
sexual and labour exploitation. According to Europol, children forced into criminal activities such as organised begging and
shoplifting are being traded as commodities with €20 000 price tags.
The Strategy, just as the Directive, recognises the
importance of addressing trafficking in children who are particularly
vulnerable to victimisation and re-trafficking, including during their adult
lives. It proposes developing a best practice model for the role of the
guardians and/or legal representation of the child victims and guidelines on
child protection systems. The Strategy also calls on Member States to
strengthen such child protection systems.
What is proposed to step-up prevention?
A better understanding about how to reduce the demand
and supply for services of trafficking in human beings victims could be reached
through launching a study, raising awareness in cooperation with the private
sector via a European Business Coalition (to be established in 2014) and
promoting trafficking free supply chains in and outside the EU.
In 2014 the Commission will launch EU-wide
awareness-raising activities targeting specific vulnerable groups, such as
women and children at risk, domestic workers, Roma communities, undocumented
workers and situations such as major sporting events.
The Commission will also assist Member States in
strengthening measures to prevent human trafficking via temporary work agencies
and intermediaries, such as job, marriage and adoption agencies.
What can be done to increase prosecution of
traffickers?
The total number of cases prosecuted in the EU remains
low. In fact, preliminary results of recent data shows that the number of
convictions on trafficking in human beings has decreased from around 1 500 in
2008 to around 1 250 in 2010.
The strategy promotes multidisciplinary cooperation at
the local, national and transnational level, encouraging Member States to set
up, for example, a dedicated national police intelligence unit and to stimulate
cooperation between administrative and law enforcement authorities.
Developing pro-active financial investigations is key
when dealing with trafficking cases. Evidence gathered from money trails might
provide the necessary additional proof, particularly in high-risk sectors
(agriculture, construction, the textile industry, healthcare, domestic service
and the sex industry)[2][2], which will also relieve victims of the burden of
testifying in court.
What emerging concerns should also be taken into
account?
The trends, patterns and working methods of
traffickers are changing in all the different forms of trafficking in human
beings, adapting to demand and supply and to legal and policy loopholes. It is
necessary to understand such trends quickly and ensure an effective response.
For instance, internal trafficking, in which the
victims are EU citizens who are trafficked within their own or another
Understanding the flows and trends of internal trafficking will be an important
part of the data collection initiative at EU level. Research on the gender
dimension of trafficking and the vulnerability of high risks groups is also
foreseen.
The internet offers numerous possibilities to recruit
victims. It is anticipated that this trend will increase, as will the number of
women sexually exploited in less visible, online environments. The Commission
will fund projects enhancing knowledge of online recruitment that takes place
via simple search engines and online advertisements, chat rooms, spam mail, or
social networking tools.
[1][1] International
Labour Organisation, ‘ILO 2012 Global estimates of forced labour’, June 2012
(covering the period 2002-2011).
[2][2] Europol, ‘EU
Organised Crime Threat Assessment 2011’.
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