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

2. 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

3. 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)

4. 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%

5. Mapping human trafficking in Germany (3)

6. 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

7. 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

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

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

10. 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

11. 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

12. 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

13. 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

14. 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, …)

15. 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

16. 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

17. 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

18. 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

19. Thank you for your attention