the eu’s response to trafficking in human beings working together against trafficking in human...
TRANSCRIPT
The EU’s Response to Trafficking in Human Beings
Working together against trafficking in human beings
DATE
European CommissionHome Affairs
Presentation Plan
WHAT IS TRAFFICKING IN HUMAN BEINGS (THB)?
Website – launched in December
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2 WHAT HAS THE EU DONE UNTIL NOW TO COUNTER AND PREVENT THB?
1. TRAFFICKING IN HUMAN BEINGS (THB)
The definition
• First internationally recognised definition is provided in the 2000 UN Trafficking Protocol Defines trafficking in terms of the ACT, the
MEANS, and the PURPOSE
• Definition of trafficking in EU law follows this but broadens the definition to include additional forms of exploitation (begging and exploitation of criminal activities)
What causes trafficking?• Root causes: a complex set of factors makes people
vulnerable to THB, including: A culture of violence against women Precarious living conditions at the place of origin Corruption of consular officials and border police
(both in country of origin and destination) Expanding sex industries and high demand in
women Demand for cheap labour in particular domestic
work Low-risk/high-profit activity for traffickers
We need to remain alert to:• Changes in recruitment Increasing use of the internet/social media Employment agencies … ?
• Different forms trafficking: For sexual exploitation For labour exploitation In children who are forced into begging or petty crime For domestic servitude For the purpose of removal of organs or surrogate motherhood Egg Trafficking Welfare benefit fraud …
Facts and Figures:
Estimates are notoriously hard to come by. The Commission has launched a first collecting data exercise in 2011. All MS have sent their replies and we are now in the process of analysing them.
Low estimates World wide : 2.45 million trafficked people
43% for commercial sexual exploitation 25% for mixed reasons 32% for economic exploitation.
56% of victims of forced economic exploitation and 98% of the victims of forced commercial sexual exploitation are women and girls
• THB is a complex and constantly evolving phenomenon and there is therefore a great
need to systematically recognize links between and to foster cooperation with other policy
areas
2. WHAT HAS THE EU DONE UNTIL NOW TO COUNTER AND PREVENT THB?
4 The Directive
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Funding opportunities
International Cooperation
EU Policy Cycle on Serious and Organised Crime
Anti-trafficking Day (ATD)
Data Collection
Group of Experts
Integrated Strategy
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EU Policy to counter and prevent THB
EU Anti-trafficking Coordinator
EU Anti-trafficking Policy Website
2.1. EU Policy to prevent and counter THB
• Involves a range of policy fields:• Characterised by an integrated and comprehensive
approach that is gender-specific and human rights-focused
• 4 Ps: Builds strong partnerships within and across policy
fields Focuses in equal parts on prevention, prosecution of
criminals and protection of victims
2.2. EU Anti-Trafficking Coordinator• Provided for in the “Stockholm Programme” to reflect the importance the EU attaches to addressing THB
• The Commission appointed Myria Vassiliadou as the first EU Anti-Trafficking Coordinator on December 2010 and she took up her mandate in March 2011
• Main tasks: Provide overall strategic policy orientation Contribute to the elaboration of EU policies relevant to
addressing trafficking in human beings Ensure that all appropriate means for EU action against
trafficking are adequately used and mobilised
WE WELCOME YOUR CONTRIBUTION
EU PolicyLegislation And Case Law
EU ProjectsNational Info Pages
National RapporteursEU Group of Experts
PublicationsContact List
Event calendar
2.4. The Directive• Directive 2011/36/EU on preventing and combating
trafficking in human beings and protecting its victims was adopted in March 2011. It replaces Framework Decision 2002/629/JHA
• To be transposed into national law by Member States by April 2013
• In line with the comprehensive and integrated approach to trafficking of the EU that is human rights centred and gender-specific
• Focus on: Protection of and support to victims; Prosecution of traffickers; Prevention through awareness raising and discouraging demand.
Protection of victims• Improves the protection of victims
Unconditional assistance non-prosecution and of non application of
penalties to the victims for unlawful activities in which they have been involved by traffickers
Criminal proceedings: Preventing secondary victimisation
Specific measures for child victims and unaccompanied minors
Support to victims• National mechanisms for early identification and assistance to victims (e.g. National Referral Mechanism)
• Providing victims with shelters, medical and psychological assistance
• Information, interpretation services• A victim to be treated as such as soon as there is a
‘reasonable grounds’ indication that she/he has been trafficked
• Assistance before, during and after criminal proceedings.
Prosecution• Robust provisions on penalties and on investigation and prosecution Approximation of substantive criminal law Common and wider definition of the crime Investigations independent from reporting or accusation by a
victim Aggravating circumstances and higher penalties Extraterritorial jurisdiction Liability of legal persons Use of investigative tools typical for organised crime cases such
as phone tapping and tracing proceeds of crime. Seizure and confiscation
Prevention• Introduces common provisions to strengthen
prevention:• National Mechanisms Identification of victims• Information and awareness-raising
campaigns• regular training for officials and border
police• research and education programmes to
reduce risks of people being trafficked
Demand (and supply) in the Directive and beyond
Education and training to discourage and reduce the demand that fosters all forms of exploitation related to trafficking (employers, buyers..)
Member States should consider criminalising knowingly using services which are the objects of exploitation
Communication on CSR: implementation of CSR guidelines will contribute to ensuring protection of human rights (incl. trafficking, child labour, gender equality …)
Monitoring and Coordination:
• Member States have to set up a National Rapporteur or equivalent mechanism responsible for carrying out assessments of trends, measuring of results of anti-trafficking actions and gathering statistics
• Member States have to facilitate the tasks of the EU Anti-Trafficking Coordinator
• The EU ATC shall contribute to a report by the Commission every 2 years on the progress made..
• Commission: Implementation report for April 2015 and criminalisation of demand report for April 2016
Other related instruments
• Residence Permits Directive for victims of THB
• Victims’ rights, human rights
• Corruption
• Other Migration and Asylum instruments
• Unaccompanied minors
• Child protection
• Trade
• Labour law
2.5. Integrated Strategy 2012-2016 (forthcoming)• Aims:
as concrete and practical as possible reinforce the human rights and gender-specific
approach taken by the Directive address the challenges in the EU for the next five years expand on issues not or only insufficiently covered in
the Directive (including training and identification of victims)
• Consultations with: International organisations and NGOs and National
Rapporteurs or Equivalent Mechanisms• Adoption of the Strategy is foreseen for June 2012
2.6. Group of Experts• The Group’s tasks (Commission Decision 2011/502/EU):
1. Advise the Commission on policies and initiatives relating to THB
2. Help the Commission assess evolution of policy in THB3. Assist the Commission in identifying and defining measures and
actions4. Provide a forum for discussion
• The third group of experts had their second meeting in early March
• The Group has 15 members and is chaired by the EU ATC, Myria Vassiliadou
2.7. Data Collection• Reliable data on THB at EU level is crucial for
effective policy-making and formulating targeted initiatives
• It provides the solid evidence to understand the dimensions of the phenomenon
• The Commission has launched a first collecting data exercise in 2011. All MS have sent their replies and we are now in the process of analysing them.
2.8. Anti-trafficking Day (ATD)• Since 2007, the EU has celebrated 18 October every year
as the EU Anti-Trafficking Day• In 2011, the seven executive agencies working in the field of
JHA (Frontex, FRA, Europol, Eurojust, EIGE, CEPOL, EASO) and the Commission have organised a seminar “Together against Trafficking in Human Beings”
• Result: Joint Statement committing to principles and actions
• ATD 2012: to be held in Brussels under the Cypriot presidency.
• Commission cooperating with the Cypriot presidency on this and working well together.
2.9. EU Policy Cycle on Serious and Organised Crime• Addressing trafficking is a priority for the EU in the field of Fight against Organised Crime in the period 2011 – 2013
• Eight strategic goals in this area have been adopted by COSI (Standing Committee on Operational Cooperation on Internal Security)
• These strategic goals foresee inter alia an increasing number of joint investigations, the improvement of victim identification and support and increased cooperation with non-EU source
and transit countries for victims of trafficking.
2.10. International CooperationAction oriented paper (AOP) on the external aspects of trafficking in human beings
• 2009: Adopted in order to strengthen the EU’s commitment and to ensure coordinated action of the EU and the MS to prevent and combat all forms of trafficking in partnership with third countries, regions and organisations at international level.
• 2011: first implementation report makes a number of recommendations
• Next step 2012: developing a list of priority third countries and regions for future partnerships and identifying specific areas of cooperation
• EU ATC is in close contact with the European External Action Service
2.12. Funding Opportunities
• Financial support offered by the Commission is one of its main tools in preventing THB and protecting its victims.
• Funding is offered in areas ranging from fight against organised crime, gender equality, human rights, trade and enterprise, development, social inclusion …
• The types of projects involve, inter alia: training awareness-raising research
THB is a complex and constantly evolving phenomenon that cannot be treated in
isolation
THEREFORE WE NEED TO WORK TOGETHER TOWARDS THE ERADICATION OF THB
