Trafficking in Human Beings in Poland – basic information Urszula Kozłowska Unit for Trafficking in Human Beings Ministry of Interior and Administration

Provisions of the Penal Code Article 253 § 1 Article 253 § 1 Whoever performs trafficking in persons even with their consent, shall be subject to the penalty of the deprivation of liberty for no less than 3 years. Article 204 § 4 Article 204 § 4 Whoever entices or abducts another person with the aim of having him/her engage in prostitution abroad, shall be subject to (the penalty of the deprivation of liberty for a term of between 1 year and 10 years).

Definition according to the draft of amendment It is based on definitions included in: So-called Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) supplementing the United Nations Convention against Transnational Organized Crime. So-called Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children) supplementing the United Nations Convention against Transnational Organized Crime. Council framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings. Council framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings. Council of Europe Convention on action against trafficking in human beings. Council of Europe Convention on action against trafficking in human beings.

Some crimes related to thb :  Leading another person to prostitution by means of violence, unlawful threats, deceit or taking advantage of the dependency or critical position  Impeling another person to prostitution or facilitating it, in order to gain material benefits  Gaining material benefits from prostitution of another person

Non-punishment of victims There is no legal provision about non-punishment of victims Nevertheless, prosecutors are encouraged by special guidelines to give up criminal prosecution of acts committed by victims of human trafficking by use of existing legal possibilities: - discontinuation of criminal procedure - refusal to institute proceedings - refusal to institute proceedings - extraordinary mitigation of penalty. - extraordinary mitigation of penalty. This „rule” is particularly important since the victims’ actions may bear the mark of such criminal offences as: illegal crossing of the border or using fake documents.

Structures responsible for combating thb: Police Police Border Guard Border Guard prosecutors prosecutors

Police Central Unit for Combating Trafficking in Human Beings, Human Organs and Pedophilia in the Criminal Bureau of the General Headquarters of Police (2006) Central Unit for Combating Trafficking in Human Beings, Human Organs and Pedophilia in the Criminal Bureau of the General Headquarters of Police (2006) teams in 16 regional headquarters of Police and Warsaw Metropolitan Police Headquarters (up to 4 persons) teams in 16 regional headquarters of Police and Warsaw Metropolitan Police Headquarters (up to 4 persons) Border Guard Prosecutor’s Offices Unit for monitoring and coordination of actions udertaken by BG in the field of preventing and combating thb – the General Headquarters of BG (2008) Unit for monitoring and coordination of actions udertaken by BG in the field of preventing and combating thb – the General Headquarters of BG (2008) coordinators in divisions of BG and their deputies ( ) - officers from investigative units coordinators in divisions of BG and their deputies ( ) - officers from investigative units consultant in the Genal Prosecutor’s Offices consultant in the Genal Prosecutor’s Offices consultants in appeals prosecutor’s offices consultants in appeals prosecutor’s offices

Description of the phenomenon Intensification of trafficking in human beings since mid ‘90s. Poland functioned mainly as a country of origin – women were working in a sex sector in Western Europe (particularly Germany and the Netherlands). Intensification of trafficking in human beings since mid ‘90s. Poland functioned mainly as a country of origin – women were working in a sex sector in Western Europe (particularly Germany and the Netherlands). Role of: transit country, country of origin and country of destination. Role of: transit country, country of origin and country of destination. Most victims come from Ukraine and Belarus, females aged 16 to 20, of primary education, unemployed and of low financial status. Most victims come from Ukraine and Belarus, females aged 16 to 20, of primary education, unemployed and of low financial status. Cases of trafficking for forced labour are more often revealed. Cases of trafficking for forced labour are more often revealed.

Victims of thb – countries of origin prosecutor’s statistics for

Victims of thb – 2009 Total = 172 foreigners

“Programme for Support and Protection Victim/Witness of Trafficking in Human Beings” Since 2006 Programme for foreign nationals has been implemented, on a basis of agreement of carrying out a public task, concluded between the MOI and the “La Strada”. Since 2006 Programme for foreign nationals has been implemented, on a basis of agreement of carrying out a public task, concluded between the MOI and the “La Strada”. Currently: Currently: within the National Intervention and Consultation Center for Victims of Trafficking (KCIK)TASKS: Crisis intervention: Crisis intervention: - Diagnosis of the victim’s need; - Case-management (consultations, advising, support, providing safety, organisation of aid while working individually with a person); - Providing an interpreter; - Transport of a victim on the territory of Poland; - Safe shelter (transport, accommodation, satisfying the basic life needs: food, clothes, hygienic measures); - Medical and psychological consultations, medical examinations and purchase of medicines. Assisting the victim during the contacts with LEAs and Are aof Justice, Assisting the victim during the contacts with LEAs and Are aof Justice, Organisation of the residence legalisation. Organisation of the residence legalisation.

This program can be activated only by a law-enforcement officer (police, border guards). On this basis a victim can legalize his/her stay (by applying for temporary residence permit according of the provisions of the Act of Aliens): Victims needn’t take a decision about cooperating with LEAs immediately. Victims needn’t take a decision about cooperating with LEAs immediately. They enjoy a 3-month period for reflection (Article 53a(2)(4), during which they may make such decision and will receive assistance from the Centre. If the victim immediately decides to cooperate with LEAs, or decides to do so during the 3-month “reflection period”, then in accordance with Article 53(1)(15), the victim may apply for temporary residence permit for 6 months (with the possibility of extension). If the victim immediately decides to cooperate with LEAs, or decides to do so during the 3-month “reflection period”, then in accordance with Article 53(1)(15), the victim may apply for temporary residence permit for 6 months (with the possibility of extension).

Year Number of victims included in the Programme for support and protection and support victim/witness of trafficking in human beings, currently implemented within the National Intervention and Consultation Center for Victims of Trafficking (KCIK) (including 3 victims from previous year) (including 6 victims from previous year) (including 7 victims from previous year)

Most frequent forms of exploitation: Trafficking for sexual exploiation Trafficking for sexual exploiation Trafficking for begging Trafficking for begging Trafficking for forced labour Trafficking for forced labour

Cases of violation of labour rights: Initiative of MOI → the National Labour Inspectorate collected data on applications of foreigners During 6 months more than 200 foreigners informed the inspectorates about situtions in which: - they were not payed for their job, - they were working without agreement signed, - they were living in bad conditions, - the conditions of agreement signed were violated. Most foreigners whose righs were violated were citizents of Tadzykistan, Uzbekistan, China, Phillipines, Ukraine.

Cases of violation of labour rights in 2009:  98 citizens of Phillippines working in window company were cheated according to the scope of agreement (wages in different currency) → the return was possible thanks to Phillippinian government  39 citizents of Ukraine and 16 of Thailand working in flowers company – bad living conditions, much longer working hours, work without agreement → as the result of the control of labour inspection agreements were signed, wages payed, work according to polish provisions  27 citizents of Phillipines and 3 of Sri Lanka working in mushrooms company – conditions of work specifed in the agreemnent signed in Phillipines with employment agency were much different from those signed in Poland → as the result of the control of labour inspection agreements were signed, wages paid

Who can help?  problems to guarantee legal advice, shelter or money for return – lack of governmental programme for support and assistance if the person is not identified as victim of thb  help from embassy is crucial

fax. (+48 22) Thank you for your attention