Transcript Slide 1

Trafficking in human beings in Germany:
lessons learnt from identifying victims
during the international protection
procedure
Structure
1. Mapping human trafficking in Germany
2. Legal rights of third-country nationals who have
become victims of human trafficking
3. Project “Identification and protection of
trafficked persons in the asylum process”
4. Cooperation between authorities: state of the art
and future plans
2
Mapping human trafficking
in Germany (1)
•
“Federal Situation Report on trafficking in human beings”
published by Federal Criminal Police Office
• Provides figures on the offences in the area of
human trafficking defined in the German Criminal
Code (StGB)
a) Human trafficking for the purposes of sexual
exploitation (Section 232 StGB)
b) Human trafficking for the purposes of labour
exploitation (Section 233 StGB)
3
Mapping human trafficking
in Germany (2)
Criminal proceedings: human
trafficking for sexual
exploitation
525
500
475
450
425
400
375
350
534
482
470
454
2007
2008
2009
2010
482
2011
Victims of human trafficking for
sexual exploitation
725
700
675
650
625
600
575
550
710
689
Nationality of victims
Europe
Romania
Germany
Bulgaria
Africa
Nigeria
Asia
America
2010
85,2%
19,8%
19,8%
18,9%
10,2%
7,5%
1,0%
0,5%
2011
87,5%
25,8%
21,7%
15,3%
6,9%
4,4%
1,4%
1,4%
676
640
610
2007
2008
2009
2010
2011
4
Mapping human trafficking
in Germany (3)
Criminal proceedings: human trafficking
for labour exploitation
100
80
60
40
20
0
92
2007
27
10
24
13
2008
2009
2010
2011
Victims of human trafficking for labour
exploitation
120
100
80
60
40
20
0
101
96
23
2007
2008
2009
41
2010
32
2011
5
Mapping human trafficking
in Germany (4)
• Considerable number of unidentified cases
• Reasons:
1. Threat scenarios and dependencies created by
perpetrators
2. Lack of awareness of being a victim of human
trafficking
3. Exploitative labour as only means to provide for
family
6
Legal rights of TCNs who have become victims
of human trafficking (1)
Reflection and stabilisation period of
min. 3 months (§59 (7) Residence Act)
Witness in criminal
proceedings
No witness in criminal
proceedings
Temporary residence
(§25(4a) Residence Act)
Obligation to leave the
country
Trial
Leave
Provisions for extension
of residence titles:
§§25 (5), 60 (7), 25
(4b)
S. 3 Residence Act
7
Legal rights of TCNs who have become victims
of human trafficking (2)
Residence permits for temporary stay (Section 25(4) Residence Act)
8
Identification & protection of trafficked
persons in the asylum system
European Union
European Refugee Fund
Project background
Situation at the outset
Anecdotal references: links between ThB and the asylum system. But no
systematic knowledge or approach to this nexus.
Project aims
Exchange experiences on the protection of trafficked persons between relevant
stakeholders. Collect and systematize existing practical evidence. Raise
awareness to enable identification and protection.
Activities
•
•
Research relationship between asylum procedure and protection of trafficked
persons  assessment of Nigerian asylum cases
Awareness-raising for asylum decision makers of the BAMF
•
•
•
2-day training of trainers for decision makers from the 22 local BAMF offices
Creation of networks between asylum decision makers and relevant local
counselling organisations for trafficked persons
Publication in order to raise awareness more broadly in Germany
10
Assessment: Nigeria
Nigeria chosen for in-depth analysis as a relevant third country both in
terms of asylum and trafficking in human beings
Methodology
• Case sample of 214 Nigerian asylum applicants in Germany
• First filtering of the asylum interview protocols – 164 cases further
assessed for hints pointing to trafficking for the purpose of sexual
exploitation using Palermo Protocol definition and indicators:
•
•
General indicators: Being forced to prostitution, limited freedom of
movement, threats and use of force, bonding/impressing
Country-specific indicators Nigeria: female traffickers, use of magic
and witchcraft
• Quantitative and qualitative analysis - different variables
• Second analysis of the 164 asylum cases based on findings in
previous steps
11
Assessment findings
Different evidence was found that poined to trafficking in human beings:
•
53 out of 164 interviews (32,3%) contained hints towards ThB
•
In 9 cases women had been apprehended by police in red light districts
and had filed asylum applications from detention
•
16 other transcripts contained direct reference to forced prostitution
•
In the other cases, combinations of other indicators were found, e.g.
–
–
„She threatened my family in Africa. [Further reference made to witchcraft]“
„The people who brought her here had threatened her and accomodated her in different
places.“
Further analysis of these cases points to additional possible indicators relevant for
nexus trafficking and asylum:
•
•
•
Longer stays in other EU member states before entering Germany (17 cases)
Pregnancy - 35,8% of the women reported to be pregnant/ have a child from a man in Germany
Delayed asylum application: 73,1% of the women only applied for asylum later than three months
after entry
A significant number of the other 111 cases showed some of these additional
indicators; the number of potential cases of trafficking might have been larger
12
Outcomes of the asylum procedures
•
•
Asylum applications were mostly rejected
The rate of identification of cases of trafficking was low
•
Many different reasons for this, including
•
•
•
•
Complex and multi-facetted nature of trafficking in human beings
Potential lack of awareness of asylum decision makers for trafficking
Potentially trafficked persons did not explicitly mention trafficking (but references
to relevant aspects were made in some of the interview transcripts)
Applicants stayed very vague, and sometimes made unlikely/ questionable
statements about their journey to and stay in Germany
13
Conclusions from the trainings with the
asylum decision makers (1)
Importance of the asylum procedure, in particular the hearing:
•
•
potentially the only chance to identify victims of trafficking and for
consequent assistance, prosecution and protection
after being trained, asylum decision makers confirmed previously having
had asylum cases which might have been cases of trafficking in human
beings
Some steps an asylum judge could take in case of initial trafficking
evidence:
•
•
Ideally, referral to specialized counselling centres for trafficked persons
Possiblity to interrupt the hearing and
•
•
•
consult other sources of information (e.g. police reports; criminal proceedings, …)
Continue it with the special representatives of the BAMF for trafficking in human
beings or gender-specific prosecution
Rerral to other agencies (state obligation to prosecute and protect); immediate
protection measures (data protection; alternative accomodation, …)
14
Conclusions from the trainings with the
asylum decision makers (2)
Additional measures were suggested, in particular
• Further awareness raising for all asylum decision makers, including more
specific training and country of origin information specifically on trafficking in
human beings
• Collection of statistical data on cases of trafficking in the asylum procedure
• Specific guidelines for asylum decision makers concerning trafficking
• Need for more broad establishment of/ participation in cooperation
structures and networks at local level, including accomodation centres for
asylum applicants and centres providing for counselling for asylum
applicants
• Introduction of special representatives for trafficking in human beings
 Trainings were considered relevant; led to more cooperation between
BAMF and specialized counselling centres for trafficked persons
 Project has led to increased awareness within the BAMF and further
steps are being taken to address trafficking and asylum nexus
15
Cooperation between authorities: state of the
art and future plans (1)
Police controls
Accommodation
Suspicion case
Obligatory
witness
statement
Trauma
Counselling
Specialized
counselling
centres for
trafficked persons
Support
Medical care
Protective
measures if
person is
endangered
Vocational training
and integration
16
Cooperation between authorities: state of the
art and future plans (2)
•
•
Cooperation during asylum procedure
• Special representatives for victims of trafficking in
human beings in every branch office of BAMF advise
asylum decision makers and establish contact to
social workers
Cooperation during forced return
• Foreigners authorities consult specialized counselling
centres for trafficked persons
17
Cooperation between authorities: state of the
art and future plans (3)
Plans to facilitate identification:
•Instructions for asylum decision makers
• Shall facilitate the identification and handling of human
trafficking cases
• Provide common definition and indicators
•Awareness raising
• “Are we aware?” film by IOM and UNODC
• Annual meeting of asylum decision makers
• Further training
• Guidelines
18
THANK YOU FOR YOUR
ATTENTION
19