Trafficking in human beings in Germany: lessons learnt from identifying victims during the international protection procedure 1

Structure Mapping human trafficking in Germany Legal rights of third-country nationals who have become victims of human trafficking Project “Identification and protection of trafficked persons in the asylum process” Cooperation between authorities: state of the art and future plans

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) Human trafficking for the purposes of sexual exploitation (Section 232 StGB) Human trafficking for the purposes of labour exploitation (Section 233 StGB)

Mapping human trafficking in Germany (2) Nationality of victims 2010 2011 Europe 85,2% 87,5% Romania 19,8% 25,8% Germany 21,7% Bulgaria 18,9% 15,3% Africa 10,2% 6,9% Nigeria 7,5% 4,4% Asia 1,0% 1,4% America 0,5%

Mapping human trafficking in Germany (3)

Mapping human trafficking in Germany (4) Considerable number of unidentified cases Reasons: Threat scenarios and dependencies created by perpetrators Lack of awareness of being a victim of human trafficking Exploitative labour as only means to provide for family

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

Legal rights of TCNs who have become victims of human trafficking (2) Residence permits for temporary stay (Section 25(4) Residence Act)

Identification & protection of trafficked persons in the asylum system European Union European Refugee Fund 9

Project background Situation at the outset Project aims Activities 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

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

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

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

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, …)

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

Cooperation between authorities: state of the art and future plans (1) Police controls Accommodation Suspicion case Trauma Counselling Specialized counselling centres for trafficked persons Obligatory witness statement Support Medical care Protective measures if person is endangered Vocational training and integration

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

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

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