Trafficking in human beings - EU legal and policy framework

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1 Trafficking in human beings - EU legal and policy framework EMN Summer Educational Seminar Labour Migration Opportunities and Challenges August 2013, Bratislava Zoi SAKELLIADOU, Office of EU Anti-Trafficking Coordinator, European Commission

2 Trafficking and asylum/migration Nexus among trafficking in human beings, asylum and migration; Global Approach to Migration and Mobility: Pillar 4-Prevention and reduction of irregular migration and trafficking in human beings; Asylum acquis: trafficking victims as vulnerable category BUT trafficking in human beings is NOT always linked to migration or asylum.

3 Directive 2011/36/EU Comprehensive, integrated approach; focuses on human rights and on victims and is genderspecific. Common definition; aggravating circumstances, higher penalties, extraterritorial jurisdiction; Robust provisions for victims' protection; Assistance and support; Specific treatment of particularly vulnerable victims;

4 Directive 2011/36/EU cont'd: definitions The recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

5 Directive 2011/36/EU cont'd: definitions Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.

6 The Directive 2011/36/EU Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims was adopted in March 2011 Transposition date: 6 th April 2013 (Article 22 Directive). So far 9 EU MS communicated transposition. By April 2015: Commission to submit report assessing implementation and compliance of MS; By April 2016: Commission to submit report on criminalisation of use/demand;

7 First EU Data Collection on Trafficking in Human Beings Results presented by EU Commissioner for Home Affairs Cecilia Malmström on 15 April Some of the findings: Police: principal source of information on identified and presumed victims (19 MS), followed by NGOs (9 MS), immigration (3 MS) and others (10 MS) Total number of identified and presumed victims increased in the three years : (9,528 in 2010)

8 Gender and age of victims: 68% women, 17% men, 12% girls and 3% boys Victims for sexual exploitation 62%, labour exploitation 25% and other 14% 96% of sexual exploitation victims are women and girls Majority of victims are from EU MS (61%), Africa 14%, Asia 6% and Central and Latin America 5%

9 Some of the findings (2) Non EU victims increased: male victims from 12% in 2008 to 37% in 2010 and female victims from 18 % in 2008 to 39% in 2010 Most EU victims are from Romania and Bulgaria Most non EU victims are from Nigeria and China

10 Some of the findings (3) 17% decrease of suspected traffickers from % of suspected traffickers are male Over the 3 years, 85% suspected traffickers for sexual exploitation, 12% for labour exploitation and 3% others Number of convictions decreased with 13% from 2008 (1,534) to 2010 (1,339)

11 EU Strategy Towards the Eradication of THB Adopted on 19 June 2012 by the Commission Reinforces the human rights and gender-specific approach taken by the Directive It is victim-centred and focus on best interests of the child Addresses the challenges in the EU for the next five years Expand on issues not or only insufficiently covered in the Directive Multidisciplinary: involvement of diverse group of actors

12 Priorities A. Identifying, protecting and assisting victims of trafficking B. Stepping up the prevention of trafficking in human beings C. Increased prosecution of traffickers D. Enhanced coordination and cooperation among key actors and policy coherence E. Increased knowledge of and effective response to emerging concerns related to all forms of trafficking in human beings

13 Priority A Identifying, protecting and assisting victims of trafficking Actions: Development of national referral mechanisms Guidelines on protection of victims Model for an EU transnational referral mechanism Guidelines for better identification of victims of trafficking in human beings Guidelines for consular services and border guards for identification of victims of trafficking Guidelines on child protection systems Strengthening of child protection systems to ensure safe return and prevent retrafficking Best practice model on the role of guardians and/or representatives for child victims Information on labour, social, victim and migrant rights under EU law Dissemination of information on labour, social, victim and migrant rights at national level

14 Actions: Priority B Stepping up the prevention of trafficking in human beings Research on reducing the demand for services provided by victims of trafficking Establishment of a European Business Coalition against trafficking in human beings Models and guidelines on the reduction of demand EU-wide awareness-raising activities targeting specific vulnerable groups Analysis of existing prevention initiatives carried out by stakeholders

15 Priority C Increased prosecution of traffickers Actions: Establishment of national, multidisciplinary law-enforcement units on human trafficking Proactive financial investigations of trafficking cases and cooperation with EU Agencies Analysis of information received from MS on financial investigation in human trafficking cases Joint Investigation Teams Full use of EU agencies Implementation of Eurojust Action Plan against trafficking in human beings Regional cooperation on human trafficking along routes from the East to the EU

16 Priority D Enhanced coordination and cooperation among key actors and policy coherence Actions: Coordination and monitoring of the implementation of the joint statement signed by EU JHA agencies Strengthening of the EU-wide coordination mechanism to support the Informal Network of National Rapporteurs or Equivalent Mechanisms Possible establishment of cooperation mechanisms in EU delegations in priority third countries and regions Strengthening and formalisation partnerships with international organisations Inclusion of human trafficking in the Human Rights Clauses Funding of projects on trafficking in human beings in third countries and regions EU platform of civil society organisations and service providers Review of EU-funded projects on trafficking in human beings Tool assessing fundamental rights in anti-trafficking policy and related actions Assistance to Member States in implementing the assessment tool Strengthening of training targeting judiciary and cross-border law enforcement officials Increased policy coherence through training programmes

17 Priority E Increased knowledge of and effective response to emerging concerns related to all forms of trafficking in human beings Actions: EU-wide system for the collection and publication of gender- and agedisaggregated data Comparable and reliable data in follow-up initiative 2011 and 2012 Research on the gender dimensions of human trafficking Research on high-risk groups for human trafficking Research on recruitment over the internet and through social networks Case-law study on trafficking or labour exploitation Best practices guide for public authorities on the regulation of temporary work agencies and intermediary agencies Measures to prevent human trafficking through temporary work agencies and intermediaries Cooperation with labour, social and health, safety and fisheries inspectors

18 Implementation and Evaluation Effective monitoring and evaluation procedures that do not create repetitive reporting mechanisms Strategy related to Directive: 2014: Report to EP and Council on the progress made in the fight against trafficking in human beings, including a first evaluation of the Strategy April 2015: Commission assess the extent to which the Member States have taken the necessary measures to comply with Directive 2011/36 report to the European Parliament and the Council 2016: report to assess the impact of national laws establishing as a criminal offence the use of services which are the objects of exploitation of trafficking in human beings Informal Network of National Rapporteurs or Equivalent Mechanisms: essential for both the monitoring and the evaluation of measures For effective implementation: funding and joint effort of all actors mentioned in Strategy

19 Recent publication EU Overview of victims' rights: A compilation of rights in accessible language for practitioners and victims. Translated in all EU Official languages and to be disseminated at national level.

20 Other actions: EU Anti-trafficking Policy Website Data Collection Anti-trafficking Day (ATD) Funding opportunities

21 Anti-trafficking Day (ATD) Since 2007, the EU has celebrated 18 October every year as the EU Anti-Trafficking Day. 7 th EU ATD: Vilnius, in cooperation with LT PRES 6 th EU ATD: Participation of many different actors: encourage to continue to be ambitious in addressing THB. 3 priority future actions: strengthen partnership; new approaches for identification and referral of victims and investigation; evaluate the actions taken 3 Working groups: Prevention, Prosecution and Protection. 1) Reduction of demand 2) Financial investigations 3) Transnational Referral Mechanisms

22 EU Civil Society Platform on THB Action based on the EU Strategy 100 civil society organisations from all EU MS working on THB attended a first meeting of the Platform: 31 May.

23 International Cooperation Action oriented paper (AOP) on strengthening cooperation with non-eu countries 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, including overview of projects funded by Member States and the European Commission 2012: in second and final implementation report the Council adopted a list of priority third countries and regions for strengthening partnerships and cooperation

24 International Cooperation AOP list of priority third countries and regions for strengthening partnerships and cooperation: Specific countries in alphabetical order: Albania, Brazil, China, Dominican Republic, Morocco, Nigeria, Russian Federation, Turkey, Ukraine and Vietnam (sources of most identified traffickers and victims in the EU)

25 Funding possibilities on THB: Recently closed calls: ISEC general and targeted call Funding Programmes from 11 DGs

26 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

27 ISEC 2013 targeted call is open until 31 October 2013

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30 Thank you for your attention