Report on Trafficking in Human Beings 2013 ENG

Baltic Sea Parliamentary ConferenceFinal Report of the BSPCRapporteurs on Traffickingin Human BeingsAugust 20132Baltic Sea Parliamentary Conference The Baltic Sea Parliamentary Conference (BSPC)The BSPC Rapporteurs on Trafficking was established in 1991 as a forum for political dia-in Human Beings logue between parliamentarians from the Baltic SeaUS 2013:414 Region. BSPC gathers parliamentarians from 11national parliaments, 11 regional parliaments and 5parliamentary organizations around the Baltic Sea.© Nordic Council of Ministers 2013 The BSPC thus constitutes a unique parliamentaryLayout: Erling Lynder bridge between all the EU- and non-EU countries ofPhotos: Jan Widbergthe Baltic Sea Region.Copies: 250BSPC aims at raising awareness and opinion onPrint: Rosendahls-Schultz Grafiskissues of current political interest and relevance forthe Baltic Sea Region. It promotes and drives vari-Printed on environmentally-friendly paperous initiatives and efforts to support a sustainablePrinted in Denmarkenvironmental, social and economic developmentof the Baltic Sea Region. It strives at enhancing thevisibility of the Baltic Sea Region and its issues in awider European context.The Baltic Sea Parliamentary Conference is theannual general assembly in the Baltic Sea Regionfor broad political debate on Baltic Sea issues. TheConference resolutions are political tools whichenables the BSPC to launch and sustain political ini-Baltic Sea Parliamentary Conference tiatives, and to approach the governments andwww.bspc.net regional organizations on issues of common inter-est.Jan WidbergThe BSPC has a number of working bodies at itsHead of BSPC Secretariatdisposal, which serve as resources for driving andjw@norden.orgimplementing BSPC priorities and objectives. AStanding Committee is responsible for the follow-up of BSPC resolutions, for identifying and address-ing issues within the BSPC field of responsibility,BSPC Secretariatand for preparing the annual Conferences.c/o Nordic CouncilThe BSPC Working Groups are political vehiclesVed Stranden 18with the overall objective of elaborating joint politi-DK-1061 Copenhagen K.cal positions and recommendations on issues ofPhone (+45) 33 96 04 00common interest in the Baltic Sea Region. BSPCwww.norden.org.external interfaces include parliamentary, govern-mental, sub-regional and other organizations in theBaltic Sea Region and the Northern Dimensionarea, among them CBSS, HELCOM, the Baltic SeaLabour Forum (BSLF) the Northern Dimension Part-nership in Public Health and Social Well-being(NDPHS), the Baltic Sea States Sub-regional Cooper-ation (BSSSC) and the Baltic Development Forum.3Final Report of the BSPCRapporteurs on Traffickingin Human BeingsJohan Linander, MP and André Oktay Dahl, MPBackgroundIn 2010 the Baltic Sea Parliamentary Conference (BSPC) estab-lished a Working Group on Civil Security. The Working Group wasto focus specifically on Trafficking in Human Beings (THB). Thegroup presented its final report to the 20th BSPC in Helsinki in2011.1In order to follow up the work of the group and the recommenda-tions concerning THB made by the BSPC, the BSPC appointed tworapporteurs: Mr Johan Linander, MP and Vice Chair of the SwedishRiksdag’s Standing Committee on Justice and Mr André Oktay Dahl,MP and Vice Chair of the Norwegian Storting’s Standing Commit-tee on Justice. Mr Linander and Mr Dahl served as Co-Chairs in theWorking Group on Civil Security.MandateThe basic role of a BSPC rapporteur is to follow the developmentwithin a specific subject area (usually one in which the BSPC hasestablished a working group), to provide briefings and updates onthis development, to follow-up the implementation of BSPC recom-mendations within the subject area, to identify possible items forpolitical attention, and, when necessary, to represent the BSPC invarious activities within that area.As a principle, rapporteurs are invited to present a report at theannual BSPC conference. In addition, rapporteurs may also chooseto issue written reports. The BSPC Standing Committee, in its turn,may invite rapporteurs to provide status reports and updates; con-versely, rapporteurs might wish to participate in Standing Commit-tee meetings to discuss their activities and coordinate politicalpositions.Activities of the THB Rapporteurs• Letter to the ministers responsible for the fight against Traffick-ing in Human Beings (THB) in the Baltic Sea states.1 See http://www.bspc.net/page/show/2164• Meeting in Stockholm on 25 May 2012 with the SwedishNational Coordinator for the Fight against THB, DetectiveSuperintendent Kajsa Wahlberg of the Swedish Police. Meetingwith the Council of the Baltic Sea States Task Force against Traf-ficking in Human Beings.• Mr Linander participated in the Parliamentarians AgainstHuman Trafficking seminar Data Collection on Victims of THBon 13–14 September 2012 in the Assembleia da Republica, Lis-bon.• Mr Linander participated on the CBSS seminar Children Traf-ficked for Exploitation in Begging and in Criminality in Vil-nius on 29–30 November 2012.• The rapporteurs met Corinne Dettmeijer-Vermeulen, DutchNational Rapporteur on Trafficking in Human Beings in TheHague on 10 December 2012.• The rapporteurs participated in Parliamentarians AgainstHuman Trafficking seminar Regional Co-operation of thePolice in Anti-Trafficking Work in Stockholm on 13 March2013.• The rapporteurs met Eva Biaudet, the Finnish Ombudsman forMinorities and national rapporteur on THB in Helsinki on 6 May2013.The rapporteurs presented their mid-term report to the 21st BalticSea Parliamentary Conference in St Petersburg on 26–28 August201221. SummaryDespite the fact that most countries have introduced measuresagainst THB, such as national action plans and new legislationagainst THB, trafficking – or human slavery - has not been reduced3.The number of convictions against traffickers is still low. More andmore forms of THB can be seen; THB for forced labour, THB fortheft and other criminal activities (whereby the victims are forcedto commit crimes), THB for begging, THB for identity theft, THB forforced marriage, THB for trade in children and even for trade inhuman organs.Our main impression from our work is that the fight against THB isfar from over. We need harder and smarter efforts to combat THB.2 See http://www.bspc.net/file/show/6073 See http://europa.eu/rapid/press-release_IP-13-322_en.htm52. RecommendationsThe BSPC Working Group on THB set out a number of recommen-dations in its final report4, the implementation of which would bea major contribution to the fight against THB. We strongly recom-mend every government to systematically follow up these recom-mendations.In addition, we, as rapporteurs, would like to add 10 recommenda-tions of our own. They are based on the information we haveobtained and the dialogues we have pursued during the course ofout work. We believe that these 10 recommendations should beimplemented in all the states in the Baltic Sea Region, if not doneso already.Coordination of measures against THB1. All countries need an independent national rapporteur onTHB2. All countries need to have a national action plan against allforms of THB4 See http://www.bspc.net/file/show/5166Every country needs to improve the coordination of measuresagainst THB. Often, there are several government bodies andbranches that in different ways are involved in the fight againstTHB. Without close coordination, this could prove less effective, insome cases even counterproductive. It is possible for traffickers toexploit the lack of coordination to avoid detection.Governments need to coordinate all their policies against THB sothat every government body knows how it should work and howit is supposed to coordinate its work with other bodies and non-governmental organisations (NGOs). There must be clear lines ofcommunication and a system for reporting THB cases. To achievethis, a national action plan against THB is a key element.In order to ensure the long-term coordination of anti-THB meas-ures, we recommend the appointment of independent nationalrapporteurs. By ‘independent’ we mean that national rapporteursshould not be placed within the police or be under direct govern-ment control.If the national rapporteur is a part of the police force, it may causevictims of THB to be reluctant to give information. For obvious rea-sons, it would also be difficult for national rapporteurs to criticizethe police.Neither should national rapporteurs be subordinated to or underdirect government control. National rapporteurs must be inde-pendent in order to be able to scrutinize the government’s andother authorities’ work against THB. National rapporteurs mustreport directly to parliament on a regular basis.National rapporteurs and their offices must conduct their workwith a high degree of transparency and should be organised eitheras an independent institution (the Dutch example) or as a part ofan existing institution (the Finnish example). The mandate mustnot only include THB but also other forms of exploitation thatcould be related to THB.The job of national rapporteurs is to collect statistics on THB andto analyse the data. Further, rapporteurs must provide informationand knowledge about THB to authorities that are involved in thefight against THB, including the police, prosecutors and judges.Moreover, national rapporteurs have a responsibility to inform thepublic in general and increase the awareness of THB in society.7National rapporteurs must have the right to examine individualcases of THB and to receive information from the investigatingauthorities about cases of suspected THB currently under investiga-tion.National rapporteurs must establish a hotline or other form ofcommunication that provides a expedient channel for the generalpublic to report possible cases of THB. The possibility to contact anindependent rapporteur rather than the police might contribute tolowering the threshold for reporting cases of THB. The actual crimi-nal investigation of possible THB cases is the responsibility of thepolice.National rapporteurs must be provided with sufficient resourcesand manpower to be able to carry out their responsibilities fullyand effectively.Measures to prevent THB3. Stop demand4. Social responsibility for people at risk, potential victimsEach country needs legislation that prohibits every exploitation ofknown victims of THB. However, in some – perhaps most – casespeople are not aware of the fact that they are exploiting victims ofTHB. Information to the general public to increase general aware-ness of the existence of THB is essential.Every country has the responsibility to protect its citizens fromexploitation. Even greater demands must be placed on all countriesto fight discrimination against Roma and other vulnerable groups.The majority of those forced or lured into THB belong to very vul-nerable groups in their countries of origin.Fight the traffickers5. Effective fight against THB with national special units in thepolice force and in the prosecution service.6. Legislation that is applicable to all forms of THB and that crimi-nalises everyone involved in THB crime.Knowledge and awareness of THB is essential for local crime pre-vention authorities. Every police officer must have sufficient train-ing and awareness to be able to spot or suspect THB in e.g. the fol-lowing situations: forced labour, children that steal under supervi-sion of adults, organised begging, etc.8Later, when THB cases are being investigated, they often turn outto be so complicated that the local police cannot be expected tohave the specialist knowledge or resources to be able to prioritisethis type of case. For this reason, every country needs a nationalspecial unit or task force against THB, both in the police force andin the prosecution service. These special units must include a vari-ety of specialists: economists and auditors to follow and confiscatethe proceeds of crime, social workers to help children and othervictims of THB, specialists on interviewing children, computerexperts to disclose THB on the Internet. In other words, the investi-gative team must be multidisciplinary.It is also of the outmost importance that every country has effec-tive legislation that is applicable to all forms of THB and that crimi-nalises everyone involved in THB crimes. The legislation first intro-duced by several countries against THB was directed at exploita-tion for sexual purposes only. However, it is just as important tohave legislation that applies to all other forms of THB. Mandatoryminimum sentences must be of such a magnitude as to act as asevere deterrent against all forms of THB.9The legislation must also be reviewed on a regular basis. Too often,it is obvious that even the legislation that has been put in placedoes not contribute to obtaining convictions against traffickers.Help and assistance to all victims of THB7. Minimum 30 days unconditional period of reflection for all vic-tims of THB.8. Cooperation with the social services of the country of originfor repatriationThe crime victim support programme must be independent of thejudicial process. Victims of THB must have the right to relevant sup-port and protection even if they choose not to file a complaint,give evidence or participate in a trial against their traffickers. Thecrime victim perspective must be maintained regardless of thelegal action.Every victim of THB must have the right to a 30-day unconditionalperiod of reflection, even if they have chosen not to file a com-plaint with the police. This period of reflection is not supposed tobe simply a period of passive waiting, but must be filled withhealth care, treatment and support to enable the victims to carryon with their lives.The country in which the victim is located has a responsibility forthe situation the victim is returned to. Contact must be made withthe victim’s country of origin before repatriation.In cases where it is believed that a threat to the victim in the coun-try of origin may exist, for example if the victim has given evi-dence against the traffickers, some form of witness protection pro-gramme must be available in the country of origin. In the worstcase, it must be possible for victims of THB to be provided with anew identity.If the victim’s security cannot be guaranteed, or if the victimrefuses to return due to fear of being re-trafficked, a permanent res-idence permit must be offered.Improved international cooperation9. Improve the option of joint investigations10. Organised collaboration between the various countries’ specialTHB task forces and the national rapporteurs.Almost all THB is a transnational crime. Victims and traffickersoften have one country of origin, while the exploitation takes10place in another country. This means that investigators must workinternationally. In the European Union (EU) there is the option ofestablishing Joint Investigative Teams (JIT). This tool must also bemade available to countries outside the EU.International investigations of THB cases, not least those thatrequire telephone tapping, often demand substantial resources andturn out to be expensive. As a result, countries that have a policeforce whose resources are under strain might not be able to partic-ipate in investigations. In order to ensure that a lack of resourcesdoes not hinder THB investigations, some sort of joint financingmechanism should be established.To ensure seamless international cooperation in cross-border THBinvestigations, members of the special THB task forces must meeton a regular basis. One example of this could be for economistsand auditors to get together to compare information in order totrack the proceeds of THB.National rapporteurs must have an international network and meetregularly to exchange information and experience.Trafficking in human beings is a transnational crime and nationalborders must not provide a means for the slave traders to escapeprosecution and punishment.3. Concluding remarksEvery parliament has the responsibility to make sure that these rec-ommendations are considered and followed up. As legislators, wehave the primary responsibility for the situation in our countries.No longer can people close their eyes to the unavoidable fact thatslavery does exist in our countries. Human beings are not free, butare forced to sell sex, commit crimes, beg or be otherwiseexploited.As legislators we also have the responsibility to review the legisla-tion. No victim of THB is helped by legislation that does not workin practice. As legislators we must also supervise and control thework of the government and its administration in the fight againstTHB. If it does not prove effective, we, the legislators, must act.Trafficking in human beings is slavery in our time. We must not tol-erate that this hideous crime continues to take place in our midst.Baltic Sea Parliamentary Conference Secretariatwww.bspc.netc/o Nordic CouncilVed Stranden 18DK-1061 Copenhagen K.Phone (+45) 33 96 04 00www.norden.org.US 2013:414