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Trafficking in human beings

Background:

Trafficking in human beings as defined in the EU Council Framework Decision of 22 July 2004 on combating trafficking in human beings and in the UN Trafficking Protocol is

• a crime against another person,
  
  
• including the use of coercion, force, deceipt, fraud, etc.,
  
  
• for the purpose of exploitation
  
  
• of that person's labour,
  
  
• of that person's prostitution.

Trafficking in human beings as a crime has to be distinguished from migrant smuggling (facilitation of unauthorised entry, transit and residence), which is the subject of different legal acts at EU and international level. However, in practice many but trafficked persons enter into or reside in a country illegally. On the other hand, trafficking in human beings does not require that the victims cross a border. It can also happen within the same national territory.

Actual extent of THB in Europe

The US Trafficking in Persons Report for 2004, looking at the global situation, points out that "each year, an estimated 600,000-800,000 men, women, and children are trafficked across international borders." On the other hand, the nature of the crime makes it difficult to estimate exactly how many victims are trafficked in the European Union, as well as in the rest of the world, but there are reasons to believe that the numbers should be counted in the hundreds of thousands (Europol). The report of the Experts Group calls for systematic gathering of information at national, and, subsequently, EU level.

Human rights violation

Article 5 par. 3 of the EU Charter of Fundamental Rights stipulates: "Trafficking in human beings is prohibited." In 2002, the UN High Commissioner for Human Rights issued "Recommended Principles and Guidelines on Human Rights and Human Trafficking," which demand that the human rights of trafficked persons shall be at the centre of all efforts to prevent and combat trafficking, assist and provide redress to victims."

Multidisciplinary approach

All relevant actors agree that an EU anti-THB policy requires a multidisciplinary or holistic and integrated approach including elements of

• prevention (tackling the root causes in countries of origin as well as the demand side in countries of destination; ensuring research and policy evaluation; awareness raising; training; administrative controls);
  
  
• Assistance, protection and social inclusion of trafficked persons (e.g. identification of victims; adequate residence status; appropriate witness protection; compensation schemes);
  
  
• specific care for child victims;
  
  
• law enforcement (sufficient financial and human resources to be allocated; THB investigations to be considered as priorities and to be done by specialised personnel; adequate rules against money laundering and corruption).

Migration and labour as well as a gender sensitive policy play a particularly important role in this context.

Relevant EU law

• Council Framework Decision of 19 July 2002 on combating trafficking in human beings (MS had to criminalise THB by August 2004)
  
  
• Council Framework Decision of 22 December 2002 on combating the sexual exploitation of children and child pornography (inter alia MS have to criminalise the use of sexual services of children by January 2006)
  
  
• Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (particularly important for victims of trafficking).
  
  
• Directive of 29 April 2004 on temporary residence permits for trafficked victims, who cooperate with the competent authorities

The Experts Group on THB

In 2003, the Commission adopted the Decision setting up a consultative group, to be known as the Experts Group on Trafficking in Human Beings and appointed the 20 members of the Group as independent experts not representing the views of their governments or organisations. The Group's terms of reference are as follows: the Commission may consult the Group on any matter relating to trafficking in human beings. The Group shall issue opinions or reports to the Commission at the latter's request or on its own initiative, taking into due consideration the recommendations set out in the Brussels Declaration. In particular, a report of the Group based on the recommendations of the Brussels Declaration should be submitted to assist the Commission with a view to launching further concrete proposals at EU level.

Communication in 2005

On the basis of the report's recommendations and other data the Commission will issue a Communication in 2005 which will develop an EU-plan for common standards, best practices and mechanisms to prevent and combat trafficking in human beings as required by The Hague Programme on freedom, security and justice. It will also take into account the ongoing evaluation of relevant EU legislation, and a large number of projects under EU funding programmes like AGIS and DAPHNE, as well as the negotiations and discussions in international fora such as the United Nations, the OSCE and the Council of Europe.

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