Biaudet Comment

4. In June last year, The Finnish National Rapporteur’s first report to Parliament was published. In this report I evaluated adopted anti-trafficking measures. Indeed during the past years many significant improvements had taken place. The Finnish Penal Code was completed with sections that enable victims of trafficking to be issued a reflection period and residence permit and the proper victims’ assistance system has been established to protect and assist presumed victims.In my first report we examined how the rights of trafficked persons are being implemented and what type of obstacles the Finnish system may entail. The most important observation of this report was that human trafficking and related serious exploitation are more common than we often realise because victims are not identified adequately. They are not identified at all - we are of course discussing a clandestine crime - but more often victims are not identified as victims of trafficking or of serious exploitation. The authorities may fail to recognize the fact that the person is a victim - particularly in prostitution. As a consequence victims are denied their statutory rights, such as services of the system of victim’s assistance or they loose their status as party in the following trial.As the Explanatory Report to the Council of Europe Convention on Action against Trafficking in Human beings (adopted in 2005 by the Committee of Ministers) states, a failure to identify a trafficking victim correctly, probably means that the victim will continue to be denied his or her fundamental rights. Hence the prosecution also might loose a necessary witness to gain a conviction of the perpetrator.5. Many persons including minors, who are in the victims’ assistance system, have been victimized already in a country other than Finland. However, not all suspected victims of human trafficking have received proper assistance, because the case has not been seen to fulfil the statutory definition in our Penal Code. This has raised my grave concerns when clear indicators of sexual exploitation or labour exploitation existed. Use of threats, restricting the victim’s freedom of movement and different types of debt bondage occurred in these case descriptions we examined. In the process the authorities had attached undue significance to the fact that the persons had been victimised abroad and the law enforcement authorities had not been able to detect perpetrators. Accordingly the victims were returned to the country of victimisation. The fact that the person in question was a minor, a child, had not changed this procedure. The decision by our authorities was taken on the basis of the Dublin Regulation determine the EU State responsibility for examining an asylum application. This regulation which is designed to share responsibility for asylum procedures and to avoid duplication makes it indeed possible to refuse entry to asylum seekers and return them to file a similar procedure in the country of first entry. Unfortunately, presumed victims of trafficking may if not adequately identified and assisted in the state of identification, be returned to the traffickers they try to flee from and hence re-victimised.My office analysed all so called Dublin decisions 2009 (Jan-August) where the applicants had been returned to Italy and Greece. Although the number of analysed cases was limited we found results that gave cause for this concern. Several of the applicants had reported sexual exploitation, violence or political persecution in their home countries. Because of the harsh conditions they had decided to leave for Europe aided by a smuggler. The conditions of smuggling were often inhuman and the persons were not able to describe their journeys. Some reported that the smugglers had taken their travel documents. They also mentioned that they owed money. In nearly all cases we examined the applicants had also been subjected to physical or sexual violence. Many reported violence from authorities. The documents clearly indicated that human trafficking had already taken place in more than half of the cases, the exploitation had taken place in prostitution or work in a bakery or on a farm, or they had been forced to carry drugs.What seems to have emerged as a challenge in the cases analysed is that the Dublin procedure does not enable an identification of possible human trafficking. In many cases the documentation showed that authorities took no measures concerning ambiguities in the applicants travel arrangements, becoming victims of sexual violence or other violence, abductions, or deception as to the nature of the promised work. The decision was mostly concerned with reception conditions for asylum seekers in Greece and Italy and the need to investigate the crime where it had been committed. It is important to note however, that although Dublin Regulation makes it possible to also return minors to another EU country, it does not eliminate the requirements in international obligations and national legislation to assess the best interest of the child in all action taken by the administrative authorities.6. What I have learned - following grass root implementation of the combat of human trafficking is that it is absolutely necessary to create a victim’s protection and assistance system that is not dependent on whether the traffickers can be identified, prosecuted or convicted. Each State should offer support to a victim in their territory independently of the criminal procedure. Indicators of human trafficking should be sufficient reason to provide assistance. The identification process is time-consuming and complex but due to the serious nature of the crime and to our continued failure to protect men, women and children - often foreigners and with little understanding of their rights- it is necessary to become better to recognise indicators and act upon them. We already have enough international evidence on this to learn!7. Child protection measures must, as the working group report emphasise also be included. As target level must be the level of the domestic child protection measures. The children should be treated as if they were our own. Many victims also have children who are in need of child protection measures. Measures addressing domestic trafficking are important and particular attention should be given to the risks for young girls and boys.8.As the report states many countries have put different anti- trafficking mechanisms in place. Many countries already have National Action Plans and have appointed National Coordinators and even national Rapporteurs. They all have distinct features that complement each other and there is evidence that action against trafficking and related exploitation can benefit and become more targeted and efficient by using these mechanisms. I would myself once more like to emphasize the necessity of establishing an independent, transparent National Rapporteur who not only gathers data but analyses existing data and information, and evaluates anti-trafficking policies and actions taken. In Finland this work, following our first report to parliament and the serious examination of this report by Parliament and the Thorough recommendations to authorities from parliament will clearly push us forward to a more efficient and evidence based anti trafficking work.9. I would particularly like to commend the working group on urging the parliaments of the BSPC to establish working groups of parliamentarians on the fight against trafficking in human beings in order to secure a continuity of commitment and to continuously monitor progress - and perhaps also gaps and challenges - in national and international work protecting victims of trafficking, prosecuting perpetrators and preventing this modern day slavery. It is necessary not to lay back and be satisfied when legislation is set up but to also follow the implementation and coordination between actors. Please continue to ask the tough questions, make authorities accountable for their deficiencies and put priorities in place when it comes to resources. Trafficking is a serious crime against humans, against our human dignity and equality. Trafficking erodes these basic values. Every failure to protect a victim - be it a man, woman or a child is a failure of society. The victims cannot be blamed for this crime. Many times too often they still are.10. I thank the Baltic Sea Parliamentary Conference for the possibility for me to once again address this meeting. Much improvement has indeed happened in all our countries in only two years even if the challenges do not seem to diminish. The enemy is carrying on a business with profits that cannot be easily overbid only because we allow this market of commercial sexual exploitation and inhuman labour conditions to exist. The working groups quite correctly also put an emphasis on addressing the demand of this exploitation. So far, nor Europe nor The Baltic Sea States have been very successful on curbing the demand. All the more, I appreciate your important work fighting human trafficking and related exploitation; you are key in so many areas starting with legislation and monitoring of implementation to leading opinions and changing peoples behaviours As I said before - you have been key in keeping trafficking high on the political agenda - please continue to do so!-----------------------1. It is with great pleasure I am back here at the 20th Baltic Sea Parliamentary Conference giving comments on the final report on human trafficking of the working group on civil security. It goes without saying, that this report, which is based on a series of meetings with experts from international and national operators, has probably, for those that have had the opportunity to participate, meant a start on a lifelong work against this most serious form of exploitation of persons . It is a difficult theme because it brings upon us both guilt and shame – witnessing violations against other human beings in our own societies - an not having all the means and efforts to stop it. I would like to thank you all for keeping this issue on the agenda of the BSPC. I am certain that you will be able to see the fruits of your work both nationally in you own countries but also internationally. There are lots of things to do and we already have learned about what kind of mechanisms that are necessary to create for a more effective combating of this human rights crime. Still it takes many efforts and a true multi-stakeholder responsibilitys, as well as cooperation for successes over time.2. Today I am here in my capacity as The Finnish Ombudsman for Minorities and National Rapporteur on Human Trafficking and Related Phenomena. I have now changed my perspectives from the international diplomatic organisation to a national monitorer – evaluating the implementation of international regulations, national legislations and practises of authorities as well as NGO:s. Adding to my previous work as an MP, I have now looked at our efforts combating this crime , protecting and assisting the victims of it and the perhaps still very humble efforts to prevent this modern day slavery from three perspectives : the political, the international and the implemantation and grass root level. And it has been a healthy exercise.3. Having returned to Finland from the OSCE in the end of 2009, shortly after the Nyborg Conference, my strongest sensation was that Trafficking in Human Beings really does look the same everywhere. That the modus operandi of the criminals was the same, the psychology of how controlling the victim was the same, how the victims lack of selfesteem and ignorance of her rights was the same, how the stigma and prejudice with authorities such as police , judges and even socialworkers was the same. This depressed me of course, having lived in the false belief that the strong social infrastructure, the egalitarian values and the uncorrupt authorities would protect us from this modern day slavery. And indeed they do provide us a better platform of fighting against all kinds of exploitation but there is an added blindfoldness that prevents us from seeing the reality and too many times from believing the victim. The ”culture of disbelief” that I learned about from studies with social workers in the UK was indeed also very true among my own mostly very competent authorities.Baltic Sea Parliamentary ConferenceThe BSCPC Working Group on Civil SecurityFinal Report August 2011Comment by Ombudsman for Minorities , Finnish National RapporteurEva Biaudet 29.08.2011