Universiteitstraat 4, B-9000 Ghent, 1

2 MONTRASEC – THE ROLE & FUNCTION OF NATIONAL RAPPORTEURS Project Aims - to recap: › 1) develop and to deliver a ready-to-use and statistical responsible IT-platform › 2) to benchmark the work of the National Rapporteurs – reporting variables and role and function

Universiteitstraat 4, B-9000 Ghent, Scope of Activity › What should an effective national rapporteur do ? (international/domestic trafficking, labour trafficking, organ removal, sexual exploitation, missing children… › Compliance with international legal instruments and/or effectiveness of national legislation, policy & practice › Is there a National Action Plan concerning TAB, Sexually Exploited Childern or Missing Children ?

Universiteitstraat 4, B-9000 Ghent, Scope of Activity › Capacity building/development/sharing of expertise › Legal powers › How can rapporteurs develop meaningful assessments which capture impact and outcomes of operational policy initiatives rather than merely outputs ? › Must all rapporteurs work from a common standpoint or is it enough to identify core functions ?

Universiteitstraat 4, B-9000 Ghent, Status › Must a national rapporteur stand apart from all operational and policy co-ordination activity ? › Should they merely report on the extent and nature of the problem ? › Does a more “hands on” role run counter to the notion of independence ? › Is independence compromised if they are part of a government body or does this offer important advantages ? (information, influence, stability of funding etc.)

Universiteitstraat 4, B-9000 Ghent, Reporting & Links › To whom should a rapporteur report ? (Parliament, ministers, other bodies, the public…) › What forms of data should be collected and what should be contained in national reports? › What information sources should be used ? (legal/criminal justice/NGO’s…) › What links must a rapporteur have with other structures & influencing bodies ?

Universiteitstraat 4, B-9000 Ghent, Results - National Rapporteur - THB › 7 EU Member States have a specifically designated National Rapporteur for THB › In 12 EU Member States there is a structure or body similar to a National Rapporteur › In 8 EU Member States there is no National Rapportuer or equivalent mechanism (or insufficient information to determine whether this is the case › All of these 8 countries have either signed or ratified the 2005 COE Convention

Universiteitstraat 4, B-9000 Ghent, National Action Plan - THB › 21 EU Member States produce a National Action Plan concerning THB › Some Action Plans are limited in scope (e.g. they do not cover trafficking for labour exploitation)

Universiteitstraat 4, B-9000 Ghent, Tasks & Responsibilities - THB › In 4 EU Member States the tasks of the NR or equivalent are determined by law › In 2 Member States the NR forms part of the police service › In 11 States the NR or equivalent is responsible for co-ordinating all domestic actions against THB › In 11 States the NR/equivalent must report on the situation regarding THB

Universiteitstraat 4, B-9000 Ghent, Tasks & Responsibilities - THB › In 10 States the NR/equivalent is required to co-operate with other competent agencies to exchange information etc. › In 10 States the NR/equivalent is required to carry out research into THB

Universiteitstraat 4, B-9000 Ghent, Tasks & Responsibilities - THB > Other specifically designated areas of responsibility:- - co-ordinate the National Action Plan (4) - make recommendations for future action (6) - provide information to the government (5) - develop prevention programmes (3) - to evaluate the connections between THB and other forms of organised crime (1) - highlight the needs of victims (5)

Universiteitstraat 4, B-9000 Ghent, Powers Of The National Rapporteur - THB › In 3 EU Member States the National Rapportuer or equivalent has some form of compulsory power › Belgium – NR can act as a partie civile either alone or on behalf of victims › Spain/Sweden – NR is part of Police Department with the compulsory powers that this entails

Universiteitstraat 4, B-9000 Ghent, Data Collection & Reporting - THB › Variety of data sources and methodology › In 16 States police databases are used › In 13 States NGO information is used › In 11 States other official sources are also used (immigration authority, social work etc.) › In 6 States the NR/equivalent collects data themselves › Most NR’s/equivalent publish reports but in differing formats, using differing definitions and for different audiences

Universiteitstraat 4, B-9000 Ghent, Finance - THB › Little publicly available information on financial support for NR’s/equivalents › Bodies with statutory basis receive funding from their respective governments › Two NR’s are funded via EU funding programmes

Universiteitstraat 4, B-9000 Ghent, Sexually Exploited Children › Information on National Rapporteurs or equivalent functions is not easy to identify › 13 EU Member States have National Action Plans concerning Sexual Exploitation of children › Scope of Action Plans, definitions used and data collected varies enormously so information is not readily comparable

Universiteitstraat 4, B-9000 Ghent, Sexually Exploited Children › Responsible organisations fall into three broad categories:- › - Governmental departments or agencies - NGO’s with no formal link to governmental structures - NGO’s with links to govt, working in co- operation with law enforcement etc. › Areas of activity/responsibility also vary widely

Universiteitstraat 4, B-9000 Ghent, Missing Children › Absence of legal definitions/international legal instruments or obligations to create a National Rapporteur or equivalent structure › Variety of organisations are involved – NGO’s, police, social services etc. › NGO’s often work in partnership with law enforcement

Universiteitstraat 4, B-9000 Ghent, Missing Children › Pan-European initiatives – › Data collected/definions used vary significantly from country to country