Peculiarities of the institution of National Rapporteur on trafficking in persons in the Republic of Belarus : role, functions and legislative regulation.

INTERNATIONAL ORGANIZATIONS, DEALING WITH THE PROBLEM OF TRAFFICKING IN PERSONS : United Nations Organization (UN); - United Nations Organization (UN); - International Organization for Migration (IOM); - International Organization for Migration (IOM); - Оrganization for Security and Co-operation in Europe (OSCE); - Оrganization for Security and Co-operation in Europe (OSCE); - Office of the United Nations Commissioner for Human Rights (OHCHR); - Office of the United Nations Commissioner for Human Rights (OHCHR); - UN Special Agencies (UNODC, UNICEF, UNHCR, UNFPA, UNDP) – according to their mandate and in relation to the special categories of victims; - UN Special Agencies (UNODC, UNICEF, UNHCR, UNFPA, UNDP) – according to their mandate and in relation to the special categories of victims; - European Commission (EC); - Council of Europe (CE) and etc.

Organization for Security and Co-Operation in Europe (OSCE): in Europe (OSCE): Special Representative / OSCE Coordinator on Trafficking in Human Beings; United Nations Council for Human Rights: Special Rapporteur on trafficking in persons, especially in women and children.

THE NECESSITY OF INCREASING OF THE EFFECTIVENESS OF NATIONAL MONITORING AND EVALUATING MECHANISMS IN THE SPHERE OF HUMAN TRAFFICKING WAS CONDITIONED BY THE NUMBER OF FACTORS: - latent and organized nature of human trafficking; - constantly increase of trafficking scale; - lack of full and objective information ; - low efficiency of national and international measures to countertrafficking in human beings and elimination of fundamental reasons of this phenomenon;

THE NECESSITY OF INCREASING OF THE EFFECTIVENESS OF NATIONAL MONITORING AND EVALUATING MECHANISMS IN THE SPHERE OF HUMAN TRAFFICKING WAS CONDITIONED BY THE NUMBER OF FACTORS: - bare state financing; - necessity of adjustments of the national priorities in the forming of internal and external policy in the sphere of counteraction in human beings, etc. - necessity of adjustments of the national priorities in the forming of internal and external policy in the sphere of counteraction in human beings, etc.

FIRST MODEL: The functions of national rapporteur on trafficking in persons are assigned to specially established independent body, which regularly must report to the Government.

SECOND MODEL: Data gathering is carried out on the inter-agency level.

THIRD MODEL: The functions of national rapporteur are assigned to one of the existing state bodies.

There are 4855 victims of trafficking identified in 2002–2012.

Victims exploited in Belarus and abroad.

There are 3664 criminal cases in the field of THB and related crimes have been revealed since 2000

Places of exploitation of Belarusian citizens Places of exploitation of Belarusian citizensAustria Great Britain Germany GreeceSpainItalyCyprusLithuania the Netherlands PolandPortugalTurkey Czech Republic France

ГОСУДАРСТВЕННЫЕ ПРОГРАММЫ (approved by the Council of Ministers decision); 1) State program of comprehensive measures on counteraction of trafficking in human beings and dissemination of the prostitution for (approved by the Council of Ministers decision); (approved by President’s Decree); 2) State program on counteraction of human trafficking, illegal migration and related crimes for 2008–2010 (approved by President’s Decree); (approved by President’s Decree); 3) State program on counteraction of human trafficking, illegal migration and related crimes for (approved by President’s Decree);

The Law of the Republic of Belarus on Counteraction of Trafficking in Human Beings entered into force on July 25, 2012 In this Law the legal norms, previously contained in different legal acts related to combating human trafficking, were systematized

STATE REGULATION IN THE SPHERE OF COUNTERACTION OF HUMAN TRAFFICKING IS CARRIED OUT BY: -President of the Republic of Belarus; - Council of Ministers of the Republic of Belarus (Government); - other governmental authorities.

PRESIDENT’S AUTHORITIES IN THE SPHERE OF COMBATING HUMAN TRAFFICKING - definition of unified sate policy; - general administration of state bodies activity; - approval of state programs; - carrying out other authorities according to the Constitution and other legislative acts of the Republic of Belarus.

GOVERNMENT’S AUTHORITIES IN THE SPHERE OF COMBATING HUMAN TRAFFICKING - Conducting of unified state policy in the sphere of combating human trafficking; - Elaboration of state programs in this sphere.

STATE BODIES, EXCISING COUNTERTRAFFICKING -BODIES OF INTERNAL AFFAIRS; - STATE SECURITY BODIES; - BORDER CONTROL SERVICE; - PROSECUTION BODIES; - INVESTIGATION BODIES.

State bodies, responsible for rehabilitation of the victims of trafficking 1) MINISTRY OF LABOR AND SOCIAL PROTEDTION (for the persons above 18) (for the persons above 18) Ministerial structure includes 151 local centres of social service and 50 crisis rooms and 50 crisis rooms 2) MINISTRY OF EDUCATION (for children between the age of 3 and 18) (for children between the age of 3 and 18) Ministerial structure includes 140 social and pedagogical centres 3) MINISTRY OF HEALTH (for children under 3) (for children under 3) Ministerial structure includes 10 orphanages.

Only 156 VoTs – which is 6.9% of all identified in 2007–2012 – obtained rehabilitation from the state organizations. The rest were referred to NGOs and IOM. (6,9%)

According to the Law of the Republic of Belarus on “Counter-trafficking in Persons” international organizations and NGOs have the right to open centers on protection and assistance to the victims of human trafficking identify victims of human trafficking; organize and hold information campaigns; realize counter-trafficking international technical assistance projects.

According to the Law of the Republic of Belarus on “Counter-trafficking in Persons” The National Rapporteur on counter-trafficking is defined THE MINISTER OF INTERNAL AFFAIRS

The main functions of the National Rapporteur on countertrafficking are: - studying and generalizing the practice of application of Belarusian legislation on counter-trafficking in Belarus; - informing other states as well as international and foreign organizations about counter-trafficking in Belarus; - developing international cooperation for exchanging experience; - preparing and submitting to the Government an annual report on the issues of counter-trafficking with the evaluation of the effectiveness of the taken measures and making suggestions to improve Belarusian legislation on counter-trafficking.

C O O R D I N A T I O N in the sphere of combating THB The first direction coordination of the law enforcement efforts The second direction coordination in the sphere of protection and rehabilitation of victims of trafficking

Coordination of law-enforcement bodies 1) Republican level The coordinative meeting on countering crime and corruption, created under the General Prosecutor’s Office, coordinates the activity of Ministry of Internal Affairs, State Security Committee, State Border Committee, General Prosecutor’s Office, Investigative Committee 2) Regional level Coordinative meetings on countering crime and corruption, created under the Minsk Prosecutor’s Office and under six regional prosecutor’s offices, coordinates the activity of local bodies of internal affairs, state security, border control, prosecution and investigation

Coordination of the activities on protection and rehabilitation of the victims of human trafficking The Ministry of Internal Affairs coordinates the activity of the Ministry of Education, Ministry of Health, Ministry of Foreign Affairs, Ministry of Labor and Social Protection, Non-governmental organizations (NGOs) Non-governmental organizations (NGOs)

Today in Belarus there is no legal act, establishing unified mechanism of identification and sending victims of human trafficking for rehabilitation An initiative proposal on elaboration of such normative legal act until the end of 2014 was introduced to the draft of a new State program.

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