BACKGROUND PAPER May 2009 Ministry of Justice, Stockholm - Sweden Prevention of and Fight Against Crime 2008 Towards Global EU-Action Against THB

Prevention of and Fight Against Crime 2008 EU Counter-trafficking Governance system :  THB as part of EU JHA policy- Police and Judicial cooperation in Criminal matters- Third pillar cooperation (Common positions, Framework Decisions, Conventions)  Framework Decisions on combating THB (2002 / 2009) – approximation of national criminal laws(common definitions, incriminations and sanctions)  Respect of international norms and conventions – CoE Convention - Human Rights /Victims’ protection approach

Prevention of and Fight Against Crime 2008  Building synergy between JHA and EU External action- Brussels Declaration, EU Experts Group report = 2005 EC Communication and the Plan of action  Framing Human Trafficking as an issues that cuts across the EU Security policy, Development and Cooperation policy and Basic principles of EU CFSP- promotion of HR, democracy and the rule of law  Broadening the scope of action- beyond security and immigration – striking greater balance between prosecution (anti crime), protection and protection ( good governance) THB External dimension: EU Global action

Prevention of and Fight Against Crime 2008  Building consolidated/coherent framework encompassing all aspects of trafficking in EU relations with third countries  Extending EU area of Freedom Security and Justice: control and reinforcement of external borders, police capacity building and cross border law enforcement cooperation, readmission agreements, return, data exchange, EU Security Strategy 2003  EU development/cooperation policy: tackling the root causes through eradicating poverty, enhancing trade, improving education, health, employment opportunities  Promoting basic CFSP principles and values :good governance, human rights, the rule of law and democracy,, gender equality, anti discrimination, protection of minorities, anti corruption = cross sectorial issues in development/cooperation agreements THB aspect in EU policies towards third countries

Prevention of and Fight Against Crime 2008 External relations Policy framework  Enlargement : Stabilisation and Association agreements  EU Neighbourhood policy: Eastern Partnership and EU Mediterranean cooperation -  Relations with Africa: Lome and Cotonou Agreements/EU Strategy for Africa  Relations with Latin America, South East and Central Asia, China  Strategic partnership: Transatlantic relations, EU-Russia coop. framework  Policy instruments: Partnership and association/cooperation agreements, general system of preferences (trade), technical cooperation and financial support, humanitarian aid  Programming tools: Country and regional Strategy papers, Indicative programmes

Prevention of and Fight Against Crime 2008 Financial instruments  Geographical scope: Country and regional instruments  CARDS→IPA  TACIS, MEDA → European Neighbourhood and Partnership Instrument (ENPI)  ALA→DCI (Development and Cooperation Instrument)  EDF (European Development Fund) - Africa  Thematic Scope:  EIDHR – Fighting trafficking through the empowerment of NGO and civil society sector  IfS (Instrument for Stability)- Crises prevention and management: EU integrated response to crises, building capacities to address trans-regional threats (organised crime, trafficking, terrorism)

Prevention of and Fight Against Crime 2008 EU Defense policy/Peacekeeping missions  EU Civilian Crises Management Mechanism: alternative to military deployment in post crises situations – transition towards democracy  Actions consist of establishing sustainable police and judiciary structures and border guards  Planning and conducting investigation and operations against fighting organised crime including trafficking  Monitoring unlawful misconduct inside the police forces  Examples: (EU police missions in Bosnia& Herzegovina, West Bank, Iraq, Afghanistan, DRC)

Prevention of and Fight Against Crime 2008 New Strategic Approach: Action Oriented Paper  Creating the interface between JHA, Development and Human Rights policy as a tool for fighting the root causes of trafficking in third countries  Mainstreaming THB in all External action policies, whose impact can alter trafficking dynamic  Developing nexuses and linkages between Security, Democracy, Development and Human Riights  Striking balance between External labour migration openings (Circular Migration, Mobility Partnership) and Combating illegal migration and organised crime, readmission and return agreements

Prevention of and Fight Against Crime 2008 Main action directions  4 priorities (Prevention, Protection, Prosecution, Partnership)  Establishing the state of play and identifying achievements, impact, gaps and omissions  Setting short term and long term objectives  Identifying partnership priorities

Prevention of and Fight Against Crime 2008 Priority Areas: Prevention  Addressing supply and demand side of trafficking  Using the existing EU instruments: Directive on Sanctions against employers of illegally staying third country nationals, new Framework Decision proposal- criminalisation of users of services provided by VoT (sexual, domestic labour, agriculture, textile)  Awareness raising and training of MS consulates and EU Delegations  Training of Civilian Peace keeping missions  Empowering Civil society sector in third countries  Building broader consensus among partners on a range of policies relevant to curb THB  Ratifying and implementing international and EU legal instruments

Prevention of and Fight Against Crime 2008 Protection  Providing conditions for VoT assistance (shelter, legal council, job training, employment opportunities and pre- departure, return and reintegration programmes)  Implementation of the Directive on Temporary Residence Permit  Protection of victims in criminal proceedings  Protection of secondary criminalisation of victims (intimidation, excessive interrogations)  Non application of sanctions for unlawful activities performed in the context of trafficking  Special attention to children, minors and vulnerable victims

Prevention of and Fight Against Crime 2008 Prosecution  Trans national police and judicial cooperation  Approximation of legislation, criminal intelligence models and practices  Facilitating exchange and comparability of information  Improving knowledge of human trafficking and its constantly changing patterns  Multy agency trainings for specialists at regional and national level  Encouraging cooperation and building trust between law enforcement and NGO’s

Prevention of and Fight Against Crime 2008 Partnership  Coordinated action within the EU (EU Agencies, inter-service EC cooperation) and between the EU and other states/ international organisations (UN, IOM, NATO)  Establishing partnership with regional organisations  Reinforcing EU third countries partnership and establishing local ownership of anti-trafficking mechanisms  Enhancing cooperation among Europol, Frontex, Eurojust and their relations with third countries  Establishment of the National Coordination mechanisms (National Rapporteur) to facilitate cooperation and data collection on national level

Prevention of and Fight Against Crime 2008 The entry into force of the Lisbon Treaty  Creation of the European External Action Service- the embryo of an EU diplomacy  The EU High representative for CFSP- increased visibility of the EU at the international stage  Coordinated action between the EU trade, aid and development and cooperation policies and instruments  Legal status of the EU Charter on Fundamental Rights  Endowing the EU with a single legal personality (adherence to the CoE on Human Rights)  Abolition of Pillar structure- increased involvement of the EP in decision making (QM+co-decision)  Establishment of an EU Prosecutor