Report by Finland on THB March 2010

Page 1:1 (2)VAHEMMISTOVALTUUTETTU 31 March 2010Trafficking in human beings - Finland1. Overview of the situationThe picture of the situation in Finland is not clear. Finland seems to be a transit and destination countryfor trafficking in human beings. Victims can be women, children or men. Human trafficking manifestsitself in at least two ways. Firstly, it seems that trafficking takes place in prostitution and organised pro-curing. Secondly, the exploitation of foreign workers and immigrants, for example, in households and therestaurant, construction, cleaning and garden sectors as well as in berry-picking jobs can meet the statu-tory definition of a human trafficking offence. So far, no cases of organ trafficking have been reported inFinland. Although most of the identified victims have been foreigners, Finnish citizens may also fall vic-tim to human trafficking.2. Mandate and duties of the National RapporteurThe duties of the rapporteur on trafficking in human beings are to:* monitor phenomena relating to human trafficking, the fulfilment of international obligations andthe effectiveness of national legislation* _ issue proposals, recommendations, statements and advice relevant to combating human traffickingand to implementing the rights of victimse keep in contact with international organisations¢ provide legal advice and assist victims as necessary* report regularly to the Government and Parliament on human trafficking and related phenomena.The amendments made to the Act on the Ombudsman for Minorities and the National Discrimination Tri-bunal concerning the Ombudsman’s role as the rapporteur on trafficking in human beings are based onthe Revised National Plan of Action against Trafficking in Human Beings (pdf 541 KB) adopted by theGovernment in June 2008.As the rapporteur on trafficking in human beings, the Ombudsman for Minorities monitors phenomenarelating to human trafficking, the fulfilment of international obligations and the effectiveness of nationallegislation. The Ombudsman issues proposals, recommendations, statements and advice relevant to com-bating human trafficking and to implementing the rights of victims, and keeps in contact with interna-tional organisations in human trafficking issues.In her capacity as the rapporteur on trafficking in human beings, the Ombudsman has the right, notwith-standing the secrecy provisions, to obtain information not only from authorities but also from producersof services and support measures for victims of trafficking and from beneficiaries of state aid intended forcombating human trafficking. Personal data on an individual victim is available to the Ombudsman onlyin cases where access to this information is vital in order to perform the reporting duty.If the Ombudsman considers that the matter is of significance as regards the rights of a possible victim oftrafficking, she or a public servant subordinate to her can assist the possible victim in securing his or herrights or, if necessary, obtaining legal assistance.OMBUDSMAN FOR MINORITIES, National Rapporteur on Trafficking in Human BeingsP.O.Box 26, FI-00023 Government, Finland, Tel. +358 71 878 0171, Fax +358 71 878 8672, ofm@ofm.fi, www.ofm.fiPage 2:2 (2)The Ombudsman submits a report annually to the Government and every four years to Parliament on hu-man trafficking and related phenomena. The Ombudsman will issue her first report as the national rappor-teur to the Parliament before summer. In addition to Finnish, the report will be published also in Swedishand English.3. Domestic legislation and proposals for improvementFinland has adopted a considerable number of measures to address trafficking in human beings: the Fin-nish Penal Code has been amended by special penal provisions concerning trafficking, the Aliens Act hasbeen amended by sections that enable trafficking victims to be issued with a reflection period and a resi-dence permit, and the system of victim assistance has been established for the purpose of providing assis-tance and protection for trafficking victims (Act on the Integration of Immigrants and Reception of Asy-lum Seekers). Purchasing of sexual services from procured prostitutes and victims of human trafficking iscriminalised under the Penal Code. In addition, the Government has adopted the Revised National Plan ofAction against Trafficking in Human Beings in 2008 (see above).Until 15 December 2009, the system of victim assistance has provided services with approximately 50victims of human trafficking. Four cases have been prosecuted as human trafficking. There are three con-victions relating to human trafficking for the purpose of sexual exploitation.In her first report as the national rapporteur, the Ombudsman evaluates the system of victim assistance,application of the Aliens Act, as well as the criminal procedure and the interpretation of the penal provi-sions on trafficking. The Ombudsman considers that the Finnish counter trafficking measures have con-siderably contributed to the Finnish anti-trafficking work but there are deficiencies in implementation.The Ombudsman considers that the most urgent challenge of the Finnish counter trafficking measures isthe lack of proper identification of trafficking victims. Especially, the number of sexually exploited vic-tims of human trafficking is low. The Ombudsman will issue 20-30 recommendations to improve theidentification and assistance of trafficking victims and to intensify the pre-trial investigations and criminalproceedings against those who have committed the human trafficking offence.Contact:Dr. Venla RothSenior OfficerOffice of the Ombudsman for Minorities /National Rapporteur on Trafficking in Human Beingsvenla.roth@ofm.fi