Report by Latvia on THB March 2010

Has Latvia conducted research regarding human trafficking and its scope? What kind of exact information regarding this problem is available?Until 2007 a thorough study of human trafficking was conducted in Latvia regarding issues such as the reintegration of victims of human trafficking (2006/2007), human trafficking stereotypes and the characterisation of the situation in Latvia (2005), human trafficking in the context of transnational organised crime – its causes, prevention and combating in the Baltic States (2005) – and raising of young people’s awareness about work opportunities abroad and risks of becoming victims of human trafficking (2007).In April 2009, the European Migration Network’s Latvian national contact point established at the Office of Citizenship and Migration Affairs published a study document on „Policies on Reception, Return and Integration Arrangements for Unaccompanied Minors in Latvia”, which contains information regarding reception arrangements for unaccompanied minors and Latvia’s experience in this regard, as well as statistical data on unaccompanied minors received in Latvia.Since 2007 no specific research regarding human trafficking and its scope has been conducted in Latvia; nevertheless, there is publicly available information on the actual scope of human trafficking and its recent trends, the work of law enforcement institutions, social rehabilitation services provided to victims of human trafficking, as well as preventive measures and educational and informative campaigns.➢ An informative report on the evaluation and results of the actions taken in 2009 by the Ministry of the Interior and its subordinated institutions to prevent and combat human trafficking was published on 26 February 2010.➢ An informative report on the implementation of the National Programme for the Prevention of Human Trafficking (2004–2008) was approved on 26 March 2009.➢ In June 2009, the European Migration Network’s Latvian national contact point issued a “Policy Report on the Migration and Asylum Situation in Latvia in 2008” (in December 2009, a “Policy Report on the Migration and Asylum Situation in Latvia in 2009” was prepared).In the summer of 2009, the United Nations Office on Drugs and Crime (UNODC) and the Secretariat of the Council of the Baltic Sea States (CBSS), in cooperation with 11 CBSS member states, prepared (by interviewing officials from line ministries, law enforcement institutions and Prosecutor General’s offices of the relevant countries, as well as representatives from NGOs and international organisations) a draft report on „Human Trafficking: Assessing Cooperation between State Actors and Civil Society in the Council of the Baltic Sea States Region with respect to Victims’ Assistance and Protection Measures”. The aim of this study was to provide support to 11 target countries by identifying the best practices, as well as the most problematic areas and possible solutions for improving cooperation on both the national and regional level by applying targeted and consistent approaches. The study document has not yet been published, but it will be publicly available on the CBSS and UNODC web sites.Does Latvia have a uniform coordination scheme, a national action plan and a single person responsible for dealing with human trafficking issues?By the Prime Minister’s Decree No. 77 issued on 3 March 2010, a working group was established to coordinate the activities of public administration institutions, local governments and NGOs in implementing the National Programme for the Prevention of Human Trafficking (2009–2013) and to ensure that information is shared promptly, that coordinated measures for preventing human trafficking are taken and that support and social services to victims of human trafficking are provided. The working group is headed by the Director of the Sectoral Policy Department of the Ministry of the Interior, Dmitry Trofimov (phone: +371 67219420, e-mail address dimitrijs.trofimovs@iem.gov.lv). D. Trofimov has been appointed as the national coordinator at the CBSS Task Force against Trafficking in Human Beings, which ensures cooperation and information exchange among the countries of the Baltic Sea region. The senior desk officer of the Sectoral Policy Department of the Ministry of the Interior, Lāsma Stabiņa (phone: +371 67829674, e-mail address lasma.stabina@iem.gov.lv), has been appointed as the national contact point for unaccompanied and trafficked children, and her tasks include coordination of cooperation and information exchange among 11 CBSS member states, as well as Belarus, Ukraine and Moldova.The National Programme for the Prevention of Human Trafficking (2009–2013) has been approved by the Cabinet of Ministers Decree No. 590, which was issued on 27 August 2009. The Ministry of the Interior and the Ministry of Welfare have been appointed as the ministries responsible for implementing the programme. The Ministry of the Interior as the coordinator is responsible for compiling information regarding the implementation of the programme and for preparing status reports to be submitted to the Cabinet of Ministers by 1 March 2011 and 2014.The government has set the protection of minors as one of its main priorities. The National Programme for the Prevention of Juvenile Delinquency and the Protection of Children against Violence (2009–2011) was approved by the Cabinet of Ministers Decree No. 605 issued on 3 September 2009. The purpose of the programme is to prevent juvenile delinquency, eliminate the factors which facilitate violence and increase the safety of children by protecting them against any threats to their health and lives.Human trafficking is one of most widespread organised crime. Cabinet of Ministers Order No. 390 of 31 May 2006 adopted the National Programme for Prevention, Combating and Reduction of Organised Crime 2006 – 2010, which was aimed at improving the measures used for preventing and combating offences related to organised crime, as well as to reduce the economic impact of organised crime by creating favourable conditions for law enforcement institutions in fighting against organised crime.Are there any specific laws in Latvia related to human trafficking?1) The Ministry of the Interior thinks that human trafficking is covered by Chapter VII on Fundamental Human Rights of the Constitution of the Republic of Latvia. The Constitution sets forth the following: everyone has the right to liberty and security of person; no one may be deprived of liberty or have their liberty restricted otherwise than in accordance with law; torture or other cruel or degrading treatment of human beings is prohibited; everyone has the right to freely choose their employment and workplace according to their abilities and qualification, and forced labour is prohibited. Thus from a legal perspective, it can be said that the Constitution prohibits human trafficking although the term is not specifically used in the text of Constitution.2) Human trafficking is mentioned in the following articles of the Criminal Law:➢ Article 139. Unlawful Removal of Tissue and Organs from a Human Being;➢ Article 152. Unlawful Deprivation of Liberty;➢ Article 153. Kidnapping;➢ Article 154.1 Human Trafficking;➢ Article 154.2 Meaning of Human Trafficking;➢ Article 161. Sexual Intercourse, Pederasty and Lesbianism with a Person who has not Attained the Age of Sixteen Years;➢ Article 162. Immoral Acts with a Minor;➢ Article 162.1 Encouragement to Get Involved in Lewd Sexual Acts;➢ Article 163. Violation of Provisions Restrictive of Prostitution;➢ Article 163.1 Establishment, Maintenance, Management, and Financing of a Brothel;➢ Article 164. Compelling Persons to Engage in Prostitution and Procurement of Persons for Prostitution;➢ Article 165. Living on the Avails of Prostitution;➢ Article 165.1 Sending a Person for Sexual Exploitation;➢ Article 166. Violation of Provisions Regarding Importation, Production and Distribution of Pornographic or Erotic Materials;➢ Article 280. Violation of Provisions Regarding Employment of Persons.3) Human trafficking is indicated in the following articles of the Administrative Violations Code:➢ Article 172.1 Involving a Minor in Begging;➢ Article 172.3 Illegal Involving of Children in Events;➢ Article 173.2 Violation of the Requirements regarding the Importation, Manufacture, Distribution, Public Demonstration or Advertising of Erotic and Pornographic Material;➢ Article 174.4 Violation of the Regulations regarding the Restriction of Prostitution;➢ Article 189. Employment without a Passport or Work Permit.4) Article 39 of the Immigration Law sets forth that (1) an inviter is obliged to inform the Office of Citizenship and Migration Affairs within a period of three working days that the circumstances on the basis of which a third-country national has received a temporary residence permit do not exist any longer or they have changed. (2) a third-country national is obliged within a period of three working days to inform in writing the Office of Citizenship and Migration Affairs regarding changes in the information provided in the request for a residence permit.5) The purpose of the Law on Pornography Restrictions is, respecting the right of a person to a private life, to protect persons from unwanted contact with materials of a pornographic nature and not to allow the involvement of children in the circulation of material of a pornographic nature. The Law provides a detailed explanation of the following terms: material of a pornographic nature, child pornography, and circulation of material of pornographic nature.6) Article 18 on Prohibition of Commercial Activity of the Law On Protection of Dead Human Body and Use of Human Tissues and Organs in Medicine sets forth that extraction of tissues and organs from a living or dead human body serves the development of medicine and is a non-profit activity. Any extraction of human tissues and organs from a living or dead human body is conducted strictly in compliance with expressed permission or prohibition, and any selection, transportation and use of tissues or organs as a commercial activity is prohibited.7) One of the main purposes of the Protection of the Rights of the Child Law is to set out the rights and freedoms of a child and their protection, taking into account that a child as a physically and mentally immature person needs special protection and care. This Law also regulates the criteria by which the behaviour of a child shall be controlled and the liability of a child shall be determined, regulates the rights, obligations and liabilities of parents and other natural persons and legal persons and the State and local governments in regard to ensuring the rights of the child, and determines the system for protecting the rights of the child and the legal principles regarding its operation.8) The purpose of the Law On State Compensation to Victims is to ensure to a natural person, who in accordance with the procedures specified by the Criminal Procedure Law has been recognized as a victim, the right to receive state compensation regarding moral injury, physical suffering or financial loss as a result of an intentional criminal offence if the criminal offence has been directed against the life or health of a person, if death of the person has occurred, if severe or of moderate bodily injuries have been caused to the victim, if the criminal offence has been directed against the sexual inviolability of the person, or if the victim has been infected with HIV, Hepatitis B or C.9) Special Protection of Persons Law. The purpose of this law is to ensure the protection of the life, health and other legal interests of persons who are testifying in criminal proceedings or who participate in the uncovering, investigation or adjudication of a serious or especially serious crime. If necessary, norms of this law can be applied to victims of trafficking in human beings, witnesses or their family members.10) Social Services and Social Assistance Law. The purpose of this law is to establish principles for the provision and receipt of social work, social charitable work, social care, social rehabilitation and professional rehabilitation services and social assistance, the range of persons who have the right to receive these services and assistance, as well as the principles for payment and financing of social care, social rehabilitation and professional rehabilitation services. Victims of the trafficking in human beings who are citizens of the European Union and the minor children accompanied by them have a right to receive social rehabilitation. Victims of the trafficking in human beings who are not citizens of the European Union and the minor children accompanied by them have a right to social rehabilitation in the cases specified by the law “On Residence of a Victim of Trafficking in Human Beings in the Republic of Latvia”.11) Law "On Residence of a Victim of Trafficking in Human Beings in the Republic of Latvia". The purpose of this law is to promote the fight against trafficking in human beings by specifying the conditions for the granting of the reflection period and termination of such a period to the victim of trafficking in human beings, as well as the conditions regarding his/her residence in the Republic of Latvia. The provisions of this law do not apply to citizens of the European Union.12) Law "On the Convention on Cybercrime and on the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature Committed through Computer Systems". With this law, Latvia adopted and ratified the Convention on Cybercrime of 23 November 2001, as well as the Additional Protocol to the Convention on Cybercrime of 28 January 2003, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature Committed through Computer Systems. The law provides that the Ministry of Justice, Prosecutor General’s Office and the International Cooperation Bureau of the Central Criminal Police Department of the State Police are the responsible institutions for implementing individual articles of the Convention. Article 9 “Offences related to child pornography” of the Convention on Cybercrime provides that “each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: producing, offering, distributing and procuring child pornography through a computer system, as well as possessing child pornography in a computer system or on a computer-data storage medium.13) Law on the Council of Europe Convention on Action against Trafficking in Human Beings. With this law, Latvia adopted and ratified the Council of Europe Convention on Action against Trafficking in Human Beings. The law provides that the Ministry of the Interior shall coordinate the implementation of obligations set forth by the Convention. The purposes of this Convention are to prevent and combat trafficking in human beings, while guaranteeing gender equality; to protect the human rights of the victims of trafficking; to design a comprehensive framework for the protection and assistance of victims and witnesses, while guaranteeing gender equality, as well as to ensure effective investigation and prosecution; and to promote international cooperation on action against trafficking in human beings. The Convention applies to all forms of trafficking in human beings, whether national or transnational, whether or not connected with organised crime. In 2011, the Group of experts on action against trafficking in human beings (GRETA), in cooperation with the Ministry of the Interior, will assess how obligations of the Council of Europe Convention on Action against Trafficking in Human Beings are being implemented in Latvia.14) Law on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children to the United Nations Convention against Transnational Organized Crime (15 November 2000). With this Law, Latvia adopted and ratified the Protocol. This Law sets forth that the Ministry of the Interior should coordinate fulfilling the obligations set forth by the Protocol. The objectives of the Protocol are to prevent and combat trafficking in persons by paying special attention to women and children, to protect and assist victims of trafficking, and to promote cooperation among ratifying states in order to meet those objectives.15) Law on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. With this Law, Latvia adopted and ratified the Protocol. This Law sets forth that the Ministry of the Interior should coordinate fulfilling the obligations set forth by the Protocol. States that are parties to the Protocol agree to prohibit the sale of children, child prostitution and child pornography according to the procedure set by the Protocol.16) Law on the Amendment to the Convention on the Rights of the Child. With this Law, Latvia adopted and ratified the Amendment to the Convention on the Rights of the Child approved by Resolution 50/155 of 21 December 1995 by the General Assembly of the United Nations.17) Labour Law. On 4 March 2010, the Saeima in the third and final reading adopted amendments to the Labour Law which improve the legal regulation of employment relationships and foster implementation of the norms of the Law in practice. In accordance with the amendments, job advertisements must contain the name of the employer or person responsible for evaluating and selecting job candidates. This is necessary to simplify the verification of complaints related to human trafficking.L. Stabiņa, 67829674lasma.stabina@iem.gov.lv