The EU’s Response to Trafficking in Human Beings Working together against trafficking in human beings DATE European Commission Home Affairs

Presentation Plan WHAT IS TRAFFICKING IN HUMAN BEINGS (THB)? Website – launched in December 1 2 WHAT HAS THE EU DONE UNTIL NOW TO COUNTER AND PREVENT THB?

1. TRAFFICKING IN HUMAN BEINGS (THB)

The definition First internationally recognised definition is provided in the 2000 UN Trafficking Protocol  Defines trafficking in terms of the ACT, the MEANS, and the PURPOSE Definition of trafficking in EU law follows this but broadens the definition to include additional forms of exploitation ( begging and exploitation of criminal activities)

What causes trafficking? Root causes: a complex set of factors makes people vulnerable to THB, including:  A culture of violence against women  Precarious living conditions at the place of origin  Corruption of consular officials and border police (both in country of origin and destination)  Expanding sex industries and high demand in women  Demand for cheap labour in particular domestic work  Low-risk/high-profit activity for traffickers

We need to remain alert to: Changes in recruitment  Increasing use of the internet/social media  Employment agencies … ? Different forms trafficking:  For sexual exploitation  For labour exploitation  In children who are forced into begging or petty crime  For domestic servitude  For the purpose of removal of organs or surrogate motherhood  Egg Trafficking  Welfare benefit fraud …

Facts and Figures: Estimates are notoriously hard to come by. The Commission has launched a first collecting data exercise in All MS have sent their replies and we are now in the process of analysing them. Low estimates  World wide : 2.45 million trafficked people 43% for commercial sexual exploitation 25% for mixed reasons 32% for economic exploitation.  56% of victims of forced economic exploitation and 98% of the victims of forced commercial sexual exploitation are women and girls

THB is a complex and constantly evolving phenomenon and there is therefore a great need to systematically recognize links between and to foster cooperation with other policy areas

2. WHAT HAS THE EU DONE UNTIL NOW TO COUNTER AND PREVENT THB? 4 The Directive Funding opportunities International Cooperation EU Policy Cycle on Serious and Organised Crime Anti-trafficking Day (ATD) Data Collection Group of Experts Integrated Strategy EU Policy to counter and prevent THB EU Anti-trafficking Coordinator EU Anti-trafficking Policy Website

2.1. EU Policy to prevent and counter THB Involves a range of policy fields: Characterised by an integrated and comprehensive approach that is gender-specific and human rights- focused 4 Ps:  Builds strong partnerships within and across policy fields  Focuses in equal parts on prevention, prosecution of criminals and protection of victims

2.2. EU Anti-Trafficking Coordinator Provided for in the “Stockholm Programme” to reflect the importance the EU attaches to addressing THB The Commission appointed Myria Vassiliadou as the first EU Anti- Trafficking Coordinator on December 2010 and she took up her mandate in March 2011 Main tasks:  Provide overall strategic policy orientation  Contribute to the elaboration of EU policies relevant to addressing trafficking in human beings  Ensure that all appropriate means for EU action against trafficking are adequately used and mobilised

2.4. The Directive Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims was adopted in March It replaces Framework Decision 2002/629/JHA To be transposed into national law by Member States by April 2013 In line with the comprehensive and integrated approach to trafficking of the EU that is human rights centred and gender-specific Focus on: Protection of and support to victims; Prosecution of traffickers; Prevention through awareness raising and discouraging demand.

Protection of victims Improves the protection of victims  Unconditional assistance  non-prosecution and of non application of penalties to the victims for unlawful activities in which they have been involved by traffickers  Criminal proceedings: Preventing secondary victimisation  Specific measures for child victims and unaccompanied minors

Support to victims National mechanisms for early identification and assistance to victims (e.g. National Referral Mechanism) Providing victims with shelters, medical and psychological assistance Information, interpretation services A victim to be treated as such as soon as there is a ‘reasonable grounds’ indication that she/he has been trafficked Assistance before, during and after criminal proceedings.

Prosecution Robust provisions on penalties and on investigation and prosecution  Approximation of substantive criminal law  Common and wider definition of the crime  Investigations independent from reporting or accusation by a victim  Aggravating circumstances and higher penalties  Extraterritorial jurisdiction  Liability of legal persons  Use of investigative tools typical for organised crime cases such as phone tapping and tracing proceeds of crime. Seizure and confiscation

Prevention Introduces common provisions to strengthen prevention: National Mechanisms  Identification of victims Information and awareness-raising campaigns regular training for officials and border police research and education programmes to reduce risks of people being trafficked

Demand (and supply) in the Directive and beyond  Education and training to discourage and reduce the demand that fosters all forms of exploitation related to trafficking (employers, buyers..)  Member States should consider criminalising knowingly using services which are the objects of exploitation  Communication on CSR: implementation of CSR guidelines will contribute to ensuring protection of human rights (incl. trafficking, child labour, gender equality …)

Monitoring and Coordination: Member States have to set up a National Rapporteur or equivalent mechanism responsible for carrying out assessments of trends, measuring of results of anti- trafficking actions and gathering statistics Member States have to facilitate the tasks of the EU Anti-Trafficking Coordinator The EU ATC shall contribute to a report by the Commission every 2 years on the progress made.. Commission: Implementation report for April 2015 and criminalisation of demand report for April 2016

Other related instruments Residence Permits Directive for victims of THB Victims’ rights, human rights Corruption Other Migration and Asylum instruments Unaccompanied minors Child protection Trade Labour law

2.5. Integrated Strategy (forthcoming) Aims:  as concrete and practical as possible  reinforce the human rights and gender-specific approach taken by the Directive  address the challenges in the EU for the next five years  expand on issues not or only insufficiently covered in the Directive (including training and identification of victims) Consultations with:  International organisations and NGOs and National Rapporteurs or Equivalent Mechanisms Adoption of the Strategy is foreseen for June 2012

2.6. Group of Experts The Group’s tasks (Commission Decision 2011/502/EU): 1.Advise the Commission on policies and initiatives relating to THB 2.Help the Commission assess evolution of policy in THB 3.Assist the Commission in identifying and defining measures and actions 4.Provide a forum for discussion The third group of experts had their second meeting in early March The Group has 15 members and is chaired by the EU ATC, Myria Vassiliadou

2.7. Data Collection Reliable data on THB at EU level is crucial for effective policy-making and formulating targeted initiatives It provides the solid evidence to understand the dimensions of the phenomenon The Commission has launched a first collecting data exercise in All MS have sent their replies and we are now in the process of analysing them.

2.8. Anti-trafficking Day (ATD) Since 2007, the EU has celebrated 18 October every year as the EU Anti-Trafficking Day In 2011, the seven executive agencies working in the field of JHA (Frontex, FRA, Europol, Eurojust, EIGE, CEPOL, EASO) and the Commission have organised a seminar “Together against Trafficking in Human Beings” Result: Joint Statement committing to principles and actions ATD 2012: to be held in Brussels under the Cypriot presidency. Commission cooperating with the Cypriot presidency on this and working well together.

2.9. EU Policy Cycle on Serious and Organised Crime Addressing trafficking is a priority for the EU in the field of Fight against Organised Crime in the period 2011 – 2013 Eight strategic goals in this area have been adopted by COSI (Standing Committee on Operational Cooperation on Internal Security) These strategic goals foresee inter alia  an increasing number of joint investigations,  the improvement of victim identification and  support and increased cooperation with non-EU source and transit countries for victims of trafficking.

2.10. International Cooperation Action oriented paper (AOP) on the external aspects 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 Next step 2012: developing a list of priority third countries and regions for future partnerships and identifying specific areas of cooperation EU ATC is in close contact with the European External Action Service

2.12. 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

THB is a complex and constantly evolving phenomenon that cannot be treated in isolation THEREFORE WE NEED TO WORK TOGETHER TOWARDS THE ERADICATION OF THB

Thank you for your attention