Answer by LIT Govnmt Mar 2011 on overall question on THB

Human TraffickingGeneral OverviewHuman trafficking and associated offences were first criminalised in Lithuania in 1998, when the Penal Code of the Republic of Lithuania was amended by Article 1313. The provision following requirements of international law and setting liability for human trafficking was amended twice ever since. In 2003, the new Penal Code went into force where, apart from the general provision in Article 147 (Human Trafficking), an additional provision was added to safeguard individuals under 18 (see Article 157, Purchase or Sale of a Child). Since 2005, legal persons can also be held liable for human trafficking. Criminal liability for other associated offences including but not limited to gaining profit from another person’s prostitution, involvement in prostitution, use for forced labour, and unlawful transportation of persons across the state border is established as well. The Lithuanian Code of Administrative Offences foresees administrative liability for engagement in prostitution and holds clients of paid prostitution services liable. Regulatory issues: the Penal Code in force fails to establish liability for all forms of social exploitation. In addition, there is no clear definition of victim of human trafficking. The problems are being addressed, as preparatory work is under way to ratify the Council of Europe Convention on Action against Trafficking in Human Beings adopted in Warsaw on 16 May 2005. The Ministry of Justice is drafting the relevant amendments to the Penal Code.In 2002, the Government of the Republic of Lithuania has adopted the Programme for the Control and Prevention of Trafficking in Human Beings for 2002 – 2004. The Programme was one of the first initiatives of the kind in the entire Baltic Sea Region. In 2005, analogous Programme for 2005–2008 was adopted. In order to ensure continuity, the Government adopted a relevant Programme for 2009 – 2012, which is currently being implemented.The strategic objective of the Programme is to consistently and systematically address the problems associated with national control and prevention of human trafficking. Other objectives of the Programme include prevention and fight against human trafficking, safeguarding the rights and provision of comprehensive assistance to victims of human trafficking, ensuring efficient operation of systems providing assistance to victims and efficient witness protection tools, and finally, efficient cooperation of national and international competent authorities, institutions, and NGOs in combating human trafficking.The Programme helps to consistently implement the policy of combating human trafficking underpinned by the 3P approach (Prevention, Prosecution, Protection) advocated by the EU.A coordination system consisting of three levels ensures prevention and control of human trafficking in Lithuania. The first level is the Ministry of the Interior, which is authorised to draft the Programme, ensure Programme implementation control and coordination, and annually report to the Government on Programme implementation. The second level is the Interinstitutional Working Group established in 2010 by the Minister of the Interior, which consists of representatives of all national authorities and institutions authorised to implement the measures under the Programme. The third level consists of a dedicated unit at the Lithuanian Criminal Police Bureau in Vilnius and appointed officials in territorial police offices in all the 10 counties of Lithuania. The role of the Human Trafficking Analysis Unit of the Lithuanian Criminal Police Bureau is to collect and analyse human trafficking data from territorial police authorities, draft proposals, carry out operational activities, as well as conduct and coordinate pre-trial investigations associated with trafficking of human beings, profits from prostitution of another person, and coercion into prostitution, when the offence is international in scope or committed by an organised criminal gang. Overall, 15 dedicated officials work in the area of control of trafficking of human beings. Moreover, most other criminal and public police officials on the territory of the entire country take part in these activities by conducting pre-trial investigations, organising and implementing prevention measures, cooperating with other municipal and national organisations and NGOs.Statistical Data on Human Trafficking in LithuaniaThe Information Technology and Communications Department under the Ministry of Interior and the Human Trafficking Analysis Unit of the Criminal Police Bureau collect data on offences associated with trafficking of human beings.The Criminal Police Bureau runs an intelligence information system linked to the system designed to collect, manage, analyse, and use tactical and strategic information on persons associated with human trafficking, including suspects, the accused, victims, and witnesses. In 2009, a project for establishing the national integrated information systems for combating international organised crime associated with human trafficking was initiated and its implementation continues. The project creates conditions for contacting national Interpol and Europol subdivisions and other EU member states. The project is funded by EEE and Norwegian support funds.2008-2010 Statistical Data Regarding Article 147 (Human Trafficking) and Article 157 (Purchase or Sale of a Child) of the Penal Code|Article 147 (Human Trafficking) and Article 157 |2008 |2009 |2010 ||(Purchase or Sale of a Child) | | | ||Offences registered |20 |23 |15 ||Offences, investigations into which were ceased |4 |10 |7 ||Cases opened |18 |12 |7 || |(Including 2 on |(Including 2 on Art. 157) |(Including 3 on Art. 157) || |Art. 157) | | ||Cases transferred to court |10 |6 |7 |Source: Data from Information Technology and Communications Department under the Ministry of Interior and the Lithuanian Criminal Police BureauLithuania’s International CooperationLithuania is member of the Council of the Baltic Sea States (CBSS). The Task Force Against Trafficking in Human Beings (TF-THB) is part of the organisation and works on prevention and protection against human trafficking. The Task Force trains diplomatic and consular staff in CBSS regions, runs regional information campaigns against trafficking in human beings, conducts regional comparative legal analysis of trade in human beings, and runs joint projects with UNODC aimed at combating human trafficking and forced transport of persons from and to BSCC.Cooperation with the neighbouring Latvia and Estonia is of key importance. Lithuania has signed a Trilateral Intergovernmental Agreement on Consular Assistance and Cooperation, which came into force in September 1999. Under the Agreement, diplomatic and consular assistance is provided to residents of the Parties to the Agreement who request assistance. Under Article 3 of the Agreement, assistance is provided to victims of crimes and individuals willing to return to their country of origin.Notably, there is good international cooperation with Benelux, as a high proportion of women leave or are coerced to leave Lithuania and go to the Netherlands, Belgium, or Luxembourg. Prostitution is legalised in the Netherlands; therefore it is difficult to incriminate trade in human beings for prostitution purposes. Therefore, the offence is usually formulated as human trafficking for purposes of forced labour, but even so it is difficult to incriminate the offence.An example of cooperation between Lithuania and Benelux is the Agreement Between the Government of the Republic of Lithuania and the Government of the Kingdom of Belgium on Police Cooperation enforced on 1 July 2005. The Parties to the Agreement foresee guidelines and areas for police cooperation, including trafficking in human beings (see Art 1, Chapter 1). The Parties equally cooperate in the areas of prevention and control of sexual abuse, sexual abuse of children, and illegal migration. The Parties commit to cooperate in search for people gone missing. Cooperation takes place at several levels, including information exchange, assistance requests sent to competent institutions, and appointment of liaison officials.EU and Schengen membership has facilitated cooperation in view of the existing EU agreements and conventions, which form a common framework all EM member states have to adhere to; equally commonly binding are Conventions of the Council of Europe that regulate human rights and freedoms as well as transfer of criminal cases and extradition.As regards Lithuania’s proposals on international cooperation to address the problems of prevention of human trafficking and trade in children, we consider it important to further expand international cooperation, as well as exchange information and experience in tackling the issue of trafficking in human beings.Unfortunately, the difficult financial and economic situation in Lithuania and the global financial crisis that aggravates the situation prevents us from setting aside sufficient expenditure for attaining the goals and objectives established under the Programme for Control and Prevention of Trafficking in Human Beings for 2009-2012, including regional and international cooperation for prevention and control of human trafficking.