Presentation on theme: "Transnational Workshop on " Ending exploitation of victims of trafficking through integrated actions of socioeconomic inclusion" 23 January 2014, Rome."— Presentation transcript:
Transnational Workshop on " Ending exploitation of victims of trafficking through integrated actions of socioeconomic inclusion" 23 January 2014, Rome
Trafficking in human beings Addressing trafficking in human beings is a priority for the EU and its Member States. The EU recognises trafficking in human beings as first and foremost an extreme violation of human rights and as a severe form of organised crime. It also recognises that trafficking in human beings for sexual exploitation constitutes a form of violence against women and girls.
Trafficking in human beings Trafficking in human beings is a highly profitable form of crime, creating dozens of billions of Euro in profits for the perpetrators each year. A coordinated, multi-disciplinary and pro- active approach is required. There should be an equal focus on prevention, prosecution of criminals, protection of victims and partnerships.
Statistics on trafficking in human beings in the EU The EU wide statistical report was presented in April 2013. All EU Member States contributed to the report. According to the report: The number of identified and presumed victims increased by 18% between 2008 and 2010 The profile of victims by gender and age: 68% women, 17% men, 12% girls and 3% boys The majority of victims trafficked for sexual exploitation 62% The rest: trafficking for forced labour 25%, including domestic servitude, and other forms 14% Source: Eurostat data report, 2013
Statistics on trafficking in human beings in the EU The majority of victims are from EU Member States (intra- EU trafficking) 61% Percentage of victims from non-EU countries increased over the 3 years from 12 to 37% for male and from 18 to 39% for female victims Most victims detected in the EU are citizens from Romania and Bulgaria Most victims from non-EU countries detected in the EU are from Nigeria and China As part of the EU Strategy the Commission has launched the tables for the 2nd data report covering the years 2010- 2012. Publication is foreseen in May 2014. Source: Eurostat data report, 2013
EU legal and policy framework Directive 2011/36 on preventing and combatting trafficking in human beings and protecting its victims of 5 April 2011. Characterised by a comprehensive and integrated approach that is human rights centred and gender- specific. The Directive is the milestone and the most ambitious criminal law instrument that EU Member States have. It is a first EU legal measure harmonising criminal sanctions after the Lisbon Treaty.
Legal framework: Directive 2011/36/EU Harmonised definition of THB Multi-disciplinary and HRs based approach Victims at the heart of the Directive Victims' rights in criminal proceedings Victims' assistance and protection Prevention Coordination, NREMs
Legal framework: Directive 2011/36/EU EU MS have a legal obligation to ensure that this legislation is translated into national law. Transposition date expired on 6 April 2013; 20 MS notified full transposition so far Infringements: 13 letters of formal notice, 4 Reasoned Opinions (ES, IT, LU, CY) If the Member States do not comply with their legal obligation, the Commission may decide to take all necessary measures
EU legal and policy framework Coordination – EU ATC NREM – Reporting requirements and better monitoring of the policy area Prevention and demand reduction Gender perspective
Directive 2011/36/EU: Demand reduction MS shall take measures to discourage and reduce demand (Article 18 par 1) MS shall consider taking measures to establish as a criminal offense the use of services which are objects of exploitation with the knowledge that the person is a victim of THB (Article 18 par 4) Commission shall report by April 2016 assessing the impact of national law establishing as a criminal offence the use of services which are objects of exploitation (Article 23)
The Policy Framework: EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016 Adopted in June 2012. Focus on concrete measures that will support the implementation of Directive 2011/36/EU and support Member States in addressing THB. Bring added value and complement the work done by international organisations and civil society in the EU and third countries. Sets 5 priorities and contains 40 concrete actions.
Philosophy of the EU Strategy Multi-disciplinary approach (involvement of all actors) Human rights approach Victims centred approach Gender mainstreaming Provide for synergies, increase cooperation Comprehensive and integrated
Priorities and actions A.Identifying, protecting and assisting victims of trafficking E.g. EU Rights of Victims E.g. Establishment of National Referral Mechanisms E.g. Guidelines for the identification of victims B.Stepping up the prevention of trafficking in human beings E.g. Models and guidelines on the reduction of demand C.Increased prosecution of traffickers E.g. Proactive financial investigations of trafficking cases and cooperation with EU Agencies D.Enhanced coordination and cooperation among key actors and policy coherence E.g. EU platform of civil society organisations and service providers E.Increased knowledge of and effective response to emerging concerns related to all forms of trafficking in human beings E.g. Case-law study on trafficking or labour exploitation
EU Rights of Victims Published in April 2013. Lists all the rights of victims based in EU law, ranging from assistance and health care to labour rights, rights regarding access to justice and to a lawyer, residence, possibilities of claiming compensation. Meant for victims and practitioners working in the field of trafficking in human beings. Available in all the 23 EU languages.
National Referral Mechanisms Action under the Strategy (for the Member States) No assistance and protection without early identification Labour exploitation and other forms Labour exploitation on the rise in the EU NRMs key to ensuring victims of all forms of exploitation are identified
Guidelines for the identification of victims of trafficking, addressed especially to border guards and consular services Purpose Highlight the importance of early identification Better inform and raise awareness amongst first- line officials on how to identify and adequately deal with victims Improve coordination and coherence Inform of existing documents Provide for indicative guidelines presented in a user friendly and concise way Inform of the numerous projects funded by the Commission
Launch of Four Strategy Deliverables Study on prevention initiatives on trafficking in human beings Study on case-law relating to trafficking in human beings for labour exploitation Study on the gender dimension of trafficking in human beings Study on high-risk groups for trafficking in human beings
Partnerships and multidisciplinary approach 1.Partnerships amongst public, private and non- governmental bodies 2.Partnerships between all actors at all levels which can contribute to combat trafficking 3.Transnational partnerships between third countries and regional organizations
Partnership with civil society EU Civil Society Platform Against Trafficking in Human Beings The European Commission launched the EU Civil Society Platform against Trafficking in Human Beings in May 2013. Gathers more than 100 organisations from the 28 Member States. Second meeting of the Platform held in Brussels in 9-10 December 2013. Selection of 8 new organisations from 4 neighbouring priority countries: Albania, Morocco, Turkey, Ukraine An e-platform to be launched in 2014.
Partnerships with the private sector Prevention of labour and sexual exploitation The European Commission will launch a European Business Coalition in 2014. It will gather key stakeholders of the private sector to improve cooperation and create synergies, to respond to emerging challenges and discuss measures to prevent trafficking in human beings.
Cooperation with JHA Agencies Work closely and meet regularly with seven Justice and Home affairs (JHA) Agencies (Europol, Eurojust, CEPOL, EASO, FRA, Frontex and EIGE). On the 5th EU Anti-Trafficking Day in 2011 the Heads of seven JHA Agencies signed a Joint Statement in which the EU Agencies committed themselves to addressing trafficking in human beings in a coordinated, coherent, and comprehensive manner. First implementation report of the Joint Statement was presented on 18 October 2012.
The external dimension The Action Oriented Paper Adoption of the Action Oriented Paper in 2009 in order to strengthen the commitment and co-coordinated action of the EU and the MS in partnership with third countries, regions and organisations at international level. Adoption of the Second Implementation Report of the AOP in 2012 with a list of 10 non-EU priority countries: Albania, Brazil, China, Dominican Republic, Morocco, Nigeria, Russian Federation, Turkey, Ukraine and Vietnam
The external dimension The Action Oriented Paper COM together with EEAS to mobilise the EU Delegations in the priority countries to participate actively in the coordination and implementation of agreed actions. Coordination meetings with representatives of interested EU Member States in third priority countries to discuss EU's and EU Member States' actions, including donor coordination meetings.
Teaming up with international organisations Guiding principle is to guarantee coordination and create coherence and to avoid duplication and added burden to the Member States. Formalised partnership with the IOM The Group of experts on action against trafficking in human beings (GRETA) The Committee of the Parties
The responsibility of the Member States EU Strategy Prosecution with more robust financial investigations as well as increased police and judicial cooperation and cooperation across borders. By 2015, EUROPOL will develop an analysis on financial investigation in trafficking in human beings cases from MS. Also EU Policy Cycle on Serious and Organised Crime and the Operational Action Plan 2014 of EMPACT on THB contain an action on financial investigations. Training mechanisms and targeted, specialised programmes. In 2015, EUROFOUND will develop a best practice guide for public authorities on the monitoring and enforcement of THB via temporary job agencies and intermediairy agencies.
Conclusions 1.Ensuring the full implementation of the instruments in place. 2.Cooperating with various stakeholders, including civil society organisations, the business sector and various agencies as well as with countries outside the EU. 3.Recognising the gender specific nature of the phenomenon and acknowledging trafficking of women and girls as a form of violence against women. 4.Addressing demand as one of the key aspects of working towards the eradication of trafficking in human beings. 5.Building partnerships and establishing real, systematic and constructive cooperation