Transcript Document

Transnational Workshop on
"Ending exploitation of victims of trafficking
through integrated actions of socioeconomic
inclusion"
23 January 2014, Rome
Trafficking in human beings
• Addressing trafficking in human beings is a
priority for the EU and its Member States.
• The EU recognises trafficking in human beings as
first and foremost an extreme violation of
human rights and as a severe form of
organised crime.
• It also recognises that trafficking in human
beings for sexual exploitation constitutes a
form of violence against women and girls.
Trafficking in human beings
• Trafficking in human beings is a highly
profitable form of crime, creating dozens of
billions of Euro in profits for the perpetrators
each year.
• A coordinated, multi-disciplinary and proactive approach is required.
• There should be an equal focus on prevention,
prosecution of criminals, protection of victims
and partnerships.
Statistics on trafficking in human
beings in the EU
• The EU wide statistical report was presented in April 2013.
• All EU Member States contributed to the report.
• According to the report:
• The number of identified and presumed victims
increased by 18% between 2008 and 2010
• The profile of victims by gender and age: 68% women,
17% men, 12% girls and 3% boys
• The majority of victims trafficked for sexual exploitation
62%
• The rest: trafficking for forced labour 25%, including
domestic servitude, and other forms 14%
Source: Eurostat data report, 2013
Statistics on trafficking in human
beings in the EU
• The majority of victims are from EU Member States (intraEU trafficking) 61%
• Percentage of victims from non-EU countries increased over
the 3 years from 12 to 37% for male and from 18 to 39%
for female victims
• Most victims detected in the EU are citizens from Romania
and Bulgaria
• Most victims from non-EU countries detected in the EU are
from Nigeria and China
• As part of the EU Strategy the Commission has launched
the tables for the 2nd data report covering the years 20102012. Publication is foreseen in May 2014.
Source: Eurostat data report, 2013
EU legal and policy framework
• Directive 2011/36 on preventing and combatting trafficking
in human beings and protecting its victims of 5 April 2011.
• Characterised by a comprehensive and integrated
approach that is human rights centred and genderspecific.
• The Directive is the milestone and the most ambitious
criminal law instrument that EU Member States have.
• It is a first EU legal measure harmonising criminal
sanctions after the Lisbon Treaty.
Legal framework: Directive 2011/36/EU
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Harmonised definition of THB
Multi-disciplinary and HRs based approach
Victims at the heart of the Directive
Victims' rights in criminal proceedings
Victims' assistance and protection
Prevention
Coordination,
NREMs
Legal framework: Directive 2011/36/EU
• EU MS have a legal obligation to ensure that this
legislation is translated into national law.
• Transposition date expired on 6 April 2013;
• 20 MS notified full transposition so far
• Infringements: 13 letters of formal notice, 4 Reasoned
Opinions (ES, IT, LU, CY)
• If the Member States do not comply with their legal
obligation, the Commission may decide to take all
necessary measures
EU legal and policy framework
• Coordination – EU ATC
• NREM – Reporting requirements and better
monitoring of the policy area
• Prevention and demand reduction
• Gender perspective
Directive 2011/36/EU: Demand reduction
• MS shall take measures to discourage and reduce demand
(Article 18 par 1)
• MS shall consider taking measures to establish as a criminal
offense the use of services which are objects of exploitation
with the knowledge that the person is a victim of THB
(Article 18 par 4)
• Commission shall report by April 2016 assessing the impact
of national law establishing as a criminal offence the use of
services which are objects of exploitation (Article 23)
The Policy Framework: EU Strategy towards
the Eradication of Trafficking in Human
Beings 2012-2016
• Adopted in June 2012.
• Focus on concrete measures that will support the
implementation of Directive 2011/36/EU and support
Member States in addressing THB.
• Bring added value and complement the work done by
international organisations and civil society in the EU and
third countries.
• Sets 5 priorities and contains 40 concrete actions.
Philosophy of the EU Strategy
• Multi-disciplinary approach (involvement of all
actors)
• Human rights approach
• Victims centred approach
• Gender mainstreaming
• Provide for synergies, increase cooperation
• Comprehensive and integrated
Priorities and actions
A.
Identifying, protecting and assisting victims of trafficking
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B.
Stepping up the prevention of trafficking in human beings
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E.g. Proactive financial investigations of trafficking cases and cooperation with EU
Agencies
Enhanced coordination and cooperation among key actors and policy
coherence
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E.g. Models and guidelines on the reduction of demand
Increased prosecution of traffickers
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E.g. EU Rights of Victims
E.g. Establishment of National Referral Mechanisms
E.g. Guidelines for the identification of victims
E.g. EU platform of civil society organisations and service providers
Increased knowledge of and effective response to emerging concerns
related to all forms of trafficking in human beings
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E.g. Case-law study on trafficking or labour exploitation
EU Rights of Victims
• Published in April 2013.
• Lists all the rights of victims based in EU law,
ranging from assistance and health care to labour
rights, rights regarding access to justice and to a
lawyer, residence, possibilities of claiming
compensation.
• Meant for victims and practitioners working in the
field of trafficking in human beings.
• Available in all the 23 EU languages.
National Referral Mechanisms
• Action under the Strategy (for the Member
States)
• No assistance and protection without early
identification
Labour exploitation and other forms
• Labour exploitation on the rise in the EU
• NRMs key to ensuring victims of all forms of
exploitation are identified
Guidelines for the identification of
victims of trafficking, addressed
especially to border guards and
consular services
• Purpose
• Highlight the importance of early identification
• Better inform and raise awareness amongst firstline officials on how to identify and adequately
deal with victims
• Improve coordination and coherence
• Inform of existing documents
• Provide for indicative guidelines presented in a
user friendly and concise way
• Inform of the numerous projects funded by the
Commission
Launch of Four Strategy Deliverables
• Study on prevention initiatives on trafficking in
human beings
• Study on case-law relating to trafficking in
human beings for labour exploitation
• Study on the gender dimension of trafficking in
human beings
• Study on high-risk groups for trafficking in
human beings
Partnerships and multidisciplinary
approach
• 1. Partnerships amongst public, private and nongovernmental bodies
• 2. Partnerships between all actors at all levels which can
contribute to combat trafficking
• 3. Transnational partnerships between third countries and
regional organizations
Partnership with civil society
EU Civil Society Platform Against
Trafficking in Human Beings
• The European Commission launched the EU Civil Society
Platform against Trafficking in Human Beings in May 2013.
• Gathers more than 100 organisations from the 28 Member
States.
• Second meeting of the Platform held in Brussels in 9-10
December 2013.
• Selection of 8 new organisations from 4 neighbouring
priority countries: Albania, Morocco, Turkey, Ukraine
• An e-platform to be launched in 2014.
Partnerships with the private sector
Prevention of labour and sexual
exploitation
• The European Commission will launch a
European Business Coalition in 2014.
• It will gather key stakeholders of the private
sector to improve cooperation and create
synergies, to respond to emerging challenges and
discuss measures to prevent trafficking in human
beings.
Cooperation with JHA Agencies
• Work closely and meet regularly with seven Justice and
Home affairs (JHA) Agencies (Europol, Eurojust, CEPOL,
EASO, FRA, Frontex and EIGE).
• On the 5th EU Anti-Trafficking Day in 2011 the Heads of
seven JHA Agencies signed a Joint Statement in which the
EU Agencies committed themselves to addressing
trafficking in human beings in a coordinated, coherent, and
comprehensive manner.
• First implementation report of the Joint Statement was
presented on 18 October 2012.
The external dimension
The Action Oriented Paper
• Adoption of the Action Oriented Paper in 2009 in order to
strengthen the commitment and co-coordinated action of
the EU and the MS in partnership with third countries,
regions and organisations at international level.
• Adoption of the Second Implementation Report of the
AOP in 2012 with a list of 10 non-EU priority countries:
Albania, Brazil, China, Dominican Republic, Morocco,
Nigeria, Russian Federation, Turkey, Ukraine and Vietnam
The external dimension
The Action Oriented Paper
• COM together with EEAS to mobilise the EU
Delegations in the priority countries to
participate actively in the coordination and
implementation of agreed actions.
• Coordination meetings with representatives of
interested EU Member States in third priority
countries to discuss EU's and EU Member States'
actions, including donor coordination meetings.
Teaming up with international
organisations
• Guiding principle is to guarantee coordination and
create coherence and to avoid duplication and
added burden to the Member States.
• Formalised partnership with the IOM
• The Group of experts on action against trafficking
in human beings (GRETA)
• The Committee of the Parties
The responsibility of the Member
States
• EU Strategy
• Prosecution with more robust financial investigations as well as
increased police and judicial cooperation and cooperation
across borders.
• By 2015, EUROPOL will develop an analysis on financial
investigation in trafficking in human beings cases from MS.
• Also EU Policy Cycle on Serious and Organised Crime and the
Operational Action Plan 2014 of EMPACT on THB contain an action
on financial investigations.
• Training mechanisms and targeted, specialised programmes.
• In 2015, EUROFOUND will develop a best practice guide for public
authorities on the monitoring and enforcement of THB via
temporary job agencies and intermediairy agencies.
Conclusions
1. Ensuring the full implementation of the instruments in
place.
2. Cooperating with various stakeholders, including civil
society organisations, the business sector and various
agencies as well as with countries outside the EU.
3. Recognising the gender specific nature of the phenomenon
and acknowledging trafficking of women and girls as a
form of violence against women.
4. Addressing demand as one of the key aspects of working
towards the eradication of trafficking in human beings.
5. Building partnerships and establishing real, systematic and
constructive cooperation
Thank you!
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