1. Cooperation and Coordination are the keys to counter trafficking
Nicole Zündorf-Hinte, June 10, 2010

2. General Remarks on Situation in Germany
Germany is a country of destination
Germany is to a lesser extent also country of transit
There is national trafficking in Germany
Germany is a federal country, many of the obligations for victim protection lie within the responsibility of the Länder and cities

3. Legal Definition of Trafficking
up to February 18th, 2005 only trafficking for sexual exploitation was defined as trafficking;
on February 19th, 2005 definition was broadened to include labour exploitation;
now included in the section on deprivation of liberty
other forms of exploitation are covered either by special laws (i.e. transplantation) or other penal code provisions (i.e. severe forms of coercion)
BKA Statistics until 2005 only cover sexual exploitation.

4. Data on Trafficking
Since 1994 Federal Police Office publishes an annual situation report on THB
this means data for 18 years available by now, which can also show trends
in victims of trafficking identified ( 24 for labour exploitation)
in victims of trafficking identified (27 for labour exploitation)
In the area of sexual exploitation in % of the victims are from Europe, 25% were Germans

5. Information in the situation report in the Area of trafficking for sexual exploitation
Numbers of trafficking cases and victims
Recruiting methods
Countries of origin of victims
Nationality of offenders
Circumstances of prostitution
Support given to victims
Collateral crimes (e.g. crimes against sexual self-determination, bodily injury, smuggling of migrants, forging of documents..)
Registration under industrial law

6. Use of the situation report
The situation report is an important basis for the work of the Federal Working Group on Trafficking in Women, the coordinating body is this field
Changes in patterns can be noted and analyzed
Further studies are commissioned to find reasons for the findings of the situation report, e.g. a study on the change in court proceedings in 2006 or three studies in 2006 on the validity of the situation report

7. Role of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Coordinating authority and Manager
in matters concerning violence against women
for the National Action Plan on Combating (all forms of) Violence against Women
for the national report on the effects of Germany’s Act on regulating the legal affairs of Prostitutes
Trafficking in Women is violence against women mainstreamed into the Action Plan
2 steering committees for Action Plan:
Federal Working Group on Trafficking in Women (for the purpose of sexual exploitation)
Federal Working Group on Domestic Violence

8. Need for coordination and cooperation of policies to combat trafficking in human beings
Combating trafficking in human beings (thb) is a very complex task
Underlying causes for trafficking in women:
such as poverty, lack of equal opportunities in counties of origin and
demand for cheap labor and prostitution in countries of destination
cannot be countered with short term measures
Conflict of interests in policies of different agencies

9. Conflict of interests as serious obstacle
Conflict of interests between various actors
Conflicts between law enforcement and NGOs
Conflicts between various policy areas:
Law enforcement
Immigration policies
Human rights policies
Gender policies
Labor policies
For trafficking in women for sexual exploitation:
Attitudes towards and perceptions of prostitution play a key role
These obstacles:
cannot be countered by one government or government agency alone

10. Co-ordinating Body
Federal Working Group Trafficking in Women
founded in 1997
meets three to four times a year

11. Members of the Federal Working Group
Federal Ministries and Agencies for:
Women (central coordinator and manager)
Foreign Affairs
Interior
Justice
Labour and Social Affairs
Economic Co-operation and Development
Federal Commissioner for Migration and Integration
Federal Criminal Police Office
Länder level:
technical conferences of the Länder ministries for Interior, Justice, Social Affairs and Gender Equality
NGOs:
KOK - German nationwide activist coordination group combating trafficking in women and violence against women in the process of migration
SOLWODI e.V.
Co-ordination group of the German Welfare Organisations represented by the Diakonisches Werk EKD

12. Mandate of the Federal Working Group on Trafficking in Women
Facilitate exchange of information and experiences
Provide overview of measures and activities
in the 16 Länder
at national level
at international level
Identify and analyze practical problems
Develop best-practice models
Make cross-disciplinary recommendations to decisionmakers and practitioners

13. Methods of the Working Group
Identify issues where action is needed, important source of data: Situation Report
Commission feasibility studies (competent ministries as actors)
define modes of further procedure, once facts are established, e.g. form a sub-committee to present results to Plenary
Upon consensus results are forwarded as Federal Working Group proposal to respective decisionmakers

14. Examples for Main Results of Federal Working Group
Proposals for drafting Germany’s Residence Act and administrative regulations
Federal cooperation model to institutionalize cooperation between police and counseling services
Paper on standardization of training and education of various professionals
Brochure on the application of the Compensation Victims Crime Acts

15. Challenges in the Federal System – Transfer to Länder
Responsibility for implementation of national law lies with the Länder
Länder must devise their own strategies, measures and activities
I Federal Working Group as a structural model
many Länder have set up special committees similar to Federal Working Group

16. Prime Example of the Federal Working Group: Concept for Cooperation between counseling services and police
First published in 1999
Updated in 2007
Purpose: define how counseling organizations and police can cooperate effectively to achieve the common goal of improved protection of victims of trafficking
Implementation lies at Länder level
Successful transfer from the federal to the Länder level: 12 of 16 Länder have prescribed such cooperation concepts

17. Concept for Cooperation between counseling services and police
Lays down in its preamble the need for a cooperation agreement between the parties.
Defines a common goal.
Names its addressees, their roles and their obligations.
Identifies the target group comprising the victim to be protected.
Describes the duties required of the police and of the counselling organisations.
Prescribes how cooperation activities should be conducted.

18. Reasons for the Cooperation Concept
stabilization and empowerment of identified victims is a human rights issue
personal evidence is crucial in prosecuting THB
witnesses must be stable to be able to give a valuable statement in court
a 2002 scientific study of the Max Planck Institute for Criminology confirmed direct connection between good care for victims and verdicts

19. Why a special Concept for victims of trafficking?
Classical witness protection programmes do not fit for majority of victims of THB due to special requirements like:
change of identity
breach of contact with friends and relatives
trauma does not allow these
victims like to stay in contact with their families

20. Thank you very much for your attention.