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Presentation by Martijn Pluim – Member EC Expert Group Brussels, 15 September 2010 TRANSNATIONAL EFFORTS TO ADDRESS SMUGGLING AND TRAFFICKING IN HUMAN BEINGS – GUIDING PRINCIPLES OUTLINE EU Expert Group Policy Framework Guiding principles Recommendations EUROPEAN COMMISSION GROUP OF EXPERTS Advises the EC taking into account current developments at European, national and international level – OPINIONS; Assists the EC in the implementation and development of actions envisaged in the EU plan on combating and preventing trafficking in human beings of December 2005; Special attention to the area of labour exploitation. TRAFFICKING VS SMUGGLING Element Smuggling Trafficking Crime committed against ? Crime against the State – mostly no victim (unless transportation inhumane) Crime from outset against person victim Why do we fight it? Protect sovereignty of state – implement migration management system Protect person against human rights violation Nature and duration of relationship ? One time - Commercial Continuous - Exploitative Rationale? Organised movement of persons for profit Organised movement and exploitation of the victim for profit Border Crossing Defining element Not defining element Consent Migrant’s consent Either no consent, or consent made irrelevant POLICY FRAMEWORK - EXAMPLES European Council anti-trafficking action plan (12/2005); Variety of directives and decisions on EU level; Council of Europe Convention on Action against Trafficking in Human Beings (2005); EU Action Oriented Paper (12/2009): focus on international cooperation; Ouagadougou Action Plan (drafted 2002, adopted in Tripoli 2006). OUAGADOUGOU – BACKGROUND Draft existing since 2002; Planned adoption Lisbon 2003; Adopted in December 2006 by Ministerial Conference on Migration and Development (Tripoli); Relatively advanced in many of its proposals; BUT: no budget, no time schedule, very broad principles. 5 GUIDING PRINCIPLES TO ADDRESS THB AND SMUGGLING Government ownership and initiative; Civil society participation; Human rights based approach; Multidisciplinary approach; Sustainability. GUIDING PRINCIPLES: GOVERNMENT OWNERSHIP Govs define objectives, activities of the response; Active involvement of state actors at all levels: harmonization of procedures & facilitating co-operation ensuring sustainability of measures Ensure a co-ordinated approach (e.g. National coordinator, Working Group ); Actively involve the civil society (esp. THB); Be consulted by national and international actors; Be consulted by, and seek to guide and coordinate the donors. GUIDING PRINCIPLES: CIVIL SOCIETY PARTICIPATION Especially relevant in THB response Civil society: key partners National and transnational referral mechanisms Should be allowed to take part in meetings, and are member of national working groups Can play an active role in decision-making Their views and opinions are reflected in the design and implementation of the anti-trafficking response. GUIDING PRINCIPLES: HUMAN RIGHTS BASED APPROACH Ensure protecting human rights of the victims (THB) and of rescued/apprehended migrants (smuggling); Follow international human rights standards; Ensure availability of basic service for all and access to relevant organisations. GUIDING PRINCIPLES: MULTIDISCIPLINARY APPROACH THB and smuggling can be linked to migration, organized crime, corruption, labour, prostitution, human rights, poverty, gender, and security; Counter-strategies must take this complexity into consideration for simultaneous action; Different measures to be used: legal instruments, educational methods, research, economic empowerment, psychological assistance, security measures, border control. GUIDING PRINCIPLES: SUSTAINABILITY Structure and system needs long term visions; Creatively adapt to changing conditions and patterns; No critical dependencies (such as on major external donor funding), which could make the system collapse; Requires periodical review of the national action plan and regular/parallel monitoring and evaluation of the measures already implemented; Measures taken need to integrate with, and build on, local management structures. ACTION PLAN 2011-2013 – INITIATIVE 3 Initiative 3: Human Trafficking Initiative. The AUC will assist Regional Economic Communities in developing and implementing regional action plans [...] in human beings, in line with the Ouagadougou Action Plan and AU.COMMIT. Monitoring and evaluation tool will be designed and implemented at regional level to enable measurement of implementation and impact as well as to assist in the identification of best practices for the African Continent. RECOMMENDATIONS/WAY FORWARD Link between international instruments and commitments and practices existing at national level; Use existing channels/networks for cooperation at different levels; Involve origin-transit-destination countries to operationalise international instruments; Shared responsibility – need of integrated approach – trust; Develop flexible but harmonised transnational tools – constant M&E and review; Cross-dimensional - mainstream THB and smuggling policies in other areas.