TRAFFICKING IN HUMAN BEINGS
Unaccompanied minors at risk: preventing child trafficking From“ the crime prevention perspective, the fact that children are unaccompanied and the fact that they are off the authorities’ radar are major risk factors. Unaccompanied minors run a significantly increased risk of being trafficked for sexual exploitation, labour exploitation, or criminal exploitation. “ ACKNOWLEDGEMENTS
This report, which has been produced by the EUCPN Secretariat with a view to addressing a question raised by the Board of the EUCPN, could not have been written without the generous input of the experts—from academia, policy and practice—who attended two expert meetings organised by the Secretariat (October – November 2019), the European Crime Prevention Conference (Brussels, February 2020), or met with the author on other occasions.
We are especially grateful to: • Myrtille Bakunde, Guardianship Service (MENA region), Belgian Federal Public Service for Justice • Sally Beeckmans, NPO PAG-ASA, association for victims of human trafficking • Sofie d’Hulster, NPO HUMAIN • Prof Dr Anna Di Ronco, Centre for Criminology, University of Essex • Ciprian Ghituleasa, Romanian National Agency Against Trafficking in Persons (ANITP) • Anniina Jokinen, the European Institute for Crime Prevention and Control affiliated with the United Nations (HEUNI) Citation • Merit Korbe, Barnahus Estonia, Social Security Agency EUCPN (2020). Unaccompanied minors • Oleksandr Kyrylenko, Office of the Special Representative and Co-ordinator for at risk: preventing child Combating Trafficking in Human Beings, Organization for Security and Co- trafficking. Brussels: operation in Europe (OSCE) EUCPN. • Prof Dr Zbigniew Lasocik, Human Trafficking Studies Center (HTSC), University of Warsaw Legal notice The content of this • Endrit Mujaj, Task Force against Trafficking in Human Beings, Council of the publication does not Baltic Sea States (CBSS) necessarily reflect the • Dr Natalia Ollus, the European Institute for Crime Prevention and Control affiliated official opinion of any EU Member State or any with the United Nations (HEUNI) agency or institution of • Eline Toren, Nidos Foundation the European Union or • Federica Toscano, Missing Children Europe European Communities. • Zuzana Vatralova, IOM Slovakia • Dr Łukasz Wieczorek, Human Trafficking Studies Center (HTSC), University of Author Stijn Aerts, Research Warsaw Officer, EUCPN Secretariat Their contribution to this report is invaluable. Needless to say, any inaccuracies in it are entirely our own. Part of the project ‘The further implementation of the MAS of the EUCPN and the Informal Network on the Administrative Approach’ - EUCPN Secretariat, March 2020, Brussels
With the financial support of the European Union’s Internal Security Fund - Police
EUCPN I Trafficking in human beings I 3 CONTENTS
Acknowledgements 3
Contents 4
Executive summary 6
Introduction 9
Unaccompanied minors going missing 10
1 Unaccompanied minors...... 10 2 Unaccompanied minors in migration...... 11 3. Trafficking in human beings and migrant smuggling...... 13 01 4. Child trafficking within the EU...... 15
Legal framework and definitions 16
1. United Nations...... 16 1.1. The UN Convention against Transnational Organized Crime and the Palermo Protocol...16 1.2 UN Convention on the Rights of the Child...... 17 2. Council of Europe ...... 18 02 2.1 Convention on Action against Trafficking in Human Beings & GRETA...... 18 2.2 Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.. 18 3. European Union...... 18 3.1 EU Charter of Fundamental Rights & Treaty on the Functioning of the EU...... 18 3.2 Directive on Combating and Preventing Trafficking in Human Beings and Protecting Its Victims...... 18
4 EU-wide measures and actions 20
1. Strategy towards the Eradication of Trafficking in Human Beings (2012-2016) and follow-up...... 20 2. Europol and the EU Policy Cycle...... 22 3. Action Plan on Unaccompanied Minors 2010-2014...... 22 03 4. 116000: EU-wide hotline for missing children...... 23
Existing resources 24
1. FRA Handbook on children deprived of parental care found in a country other than their own...... 24 2. EIGE report on Gender-specific measures in anti-trafficking action...... 25 3. Missing Children Europe...... 25 04 3.1 Best practices and key challenges on interagency cooperation to safeguard unaccompanied children from going missing...... 25 3.2 INTERACT: Practical guidance on preventing and responding to trafficking and disappearances of children in migration...... 26 4. OSCE Special representative and coordinator for CTHB...... 26 4.1 From reception to recognition: identifying and protecting human trafficking victims in migration flows & Uniform guidelines...... 26 4.2 Child trafficking and child protection: ensuring that child protection mechanisms protect the rights and meet the needs of child victims of human trafficking...... 27
Recommendations 28
1. The best interests of the child...... 28 2. Interagency and cross-border cooperation and information exchange...... 29 3. Training and standard operating procedures...... 30 4. A tailored, child-friendly approach...... 31 05 5. Addressing the offender and demand side...... 32 Factsheet...... 36
Endnotes 38
Bibliography 41
EUCPN I Trafficking in human beings I 5 EXECUTIVE SUMMARY
It is estimated that over the past few years, tens of Children from within the EU, too, may be unaccompa- thousands of unaccompanied minors went missing in the nied and vulnerable to trafficking. This is the case when European Union. From the crime prevention perspective, they are—for all intents and purposes—abandoned by the fact that children are unaccompanied and the fact their parents, or when their parents or guardians are that they are off the authorities’ radar are major risk the traffickers. Intra-EU trafficking, even within a single factors for child trafficking. Member State, is on the rise. One example is children from Roma communities, who are at an elevated risk of In the EU context, an unaccompanied minor (UAM) is being trafficked for forced begging. a minor who arrives on the territory of the EU Member States unaccompanied by an adult responsible for them International conventions, protocols and decla- or a minor who is left unaccompanied after they have rations are important instruments in the fight against entered the Member States’ territory. It is, thus, connect- child trafficking in the EU. The United Nations Protocol ed to migration. to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UN TIP) is the origin of The so-called refugee and migration crisis of 2015 the internationally accepted definition of child trafficking: caused a sharp increase in the number of unaccompa- Child trafficking is the recruitment, transportation, nied minors, with which it was hard to keep up. Poor transfer, harbouring or receipt of children for the purpose conditions in reception centres, lack of adequate guard- of exploitation. The UN Convention on the Rights of the ianship, tedious asylum procedures with an uncertain Child and its Optional Protocol on the Sale of Children re- outcome, pursuit of different destinations and pressure iterate the global community’s commitment to eradicate from smugglers or traffickers all led to UAMs disappear- child trafficking. ing into the woodwork and moving on. The upshot is that the number of missing unaccompanied minors has The Council of Europe Conventions on Action against skyrocketed in recent years, with as many as 30,000 Trafficking in Human Beings and Protection of Children reported missing in the period between 2014-2017. against Sexual Exploitation and Sexual Abuse are more far-reaching. The former established a Group of Experts Most have also reached Europe relying on migrant smug- (GRETA) to monitor progress in the implementation of glers, whom they often have to pay in kind. This has anti-trafficking measures at the national level, while the given rise to a hybrid smuggling-trafficking phenomenon. latter also put awareness-raising, capacity training of The initial buyer of the smuggling service (the migrant children, helplines and corporate liability on the interna- or refugee) becomes the trafficking victim; the smuggler tional agenda. and trafficker are the same person or crime group. More importantly, the operation has a single, unified purpose. The European Union’s own legal instruments against child trafficking include the Fundamental Rights Charter,
6 which categorically pro- It is estimated that over The OSCE’s Reception to hibits human trafficking Recognition gives insights as an offence against the past few years, tens of and solutions for victim the fundamental right to thousands of unaccompanied identification in mixed mi- be free. Additionally, the gration flows. The Uniform anti-trafficking Directive is minors went missing in the Guidelines translate these comprehensive, including European Union. From the into concrete recommen- not only criminal law and law dations and a blueprint enforcement but also victim crime prevention perspective, for a standard operating assistance and protection in the fact that children are procedure for the formal view of compensation and identification of trafficking reintegration, gender-specific unaccompanied and the fact victims. The organisation’s approaches and prevention. that they are off the authorities’ Child Trafficking and Child Protection deals with the Certain EU-wide actions radar are major risk factors for protection of the rights of and measures have been child trafficking. child victims of trafficking taken in recent years. Even in great detail. though as operational strat- egies, both the EU Action The key challenges and Plan on Unaccompanied recommendations can Minors (2010-2014) and be summed up as follows: the EU Strategy towards the Eradication of Trafficking in Human Beings (2012-2016) were somewhat over- 1. In the assistance, support and protection of shadowed by the migration crisis, their definition of key child-trafficking victims, the aim should always be actions for the protection of unaccompanied children to find a durable solution based on an individual from migration and in the fight against trafficking in assessment of the best interests of the child. In human beings, remains relevant. order to assess the best interests, the child itself should be heard and a legal guardian should be By making trafficking in human beings one of the appointed at once. During the best interest assess- priorities in the EU Policy Cycle, the EU bolsters opera- ment, a child should be given a residence permit. tional interagency and cross-border cooperation in the Unnecessarily moving the child should be avoided, fight against child trafficking. The Framework Directive of while continuity in care and assistance should be 2002 laid the foundation for a free-for-the-caller EU-wide guaranteed. missing children hotline. 2. Adequate identification of trafficking victims, care and There are a number of existing resources that anyone protection of unaccompanied minors and response working to prevent unaccompanied minors from going to missing children is dependent on cross-border, missing and to prevent child trafficking would do well interagency cooperation and information to consult. The FRA Handbook on Children Deprived of exchange. National Referral Mechanisms should Parental Care is relevant for intra-EU child trafficking. In allow state actors and civil society to coordinate their addition, EIGE’s Report on Gender-Specific Measures in efforts so as to provide effective ways to refer child Anti-Trafficking Action has a chapter devoted to girl-child trafficking victims to services. All actors involved victims of trafficking. should know which information to share with whom, as this is essential for effective case management. Missing Children Europe has produced several worth- GDPR does not hinder the sharing of personal data while resources on the issue of the disappearance of on children at risk or child victims of trafficking. children in migration. The most recent one is based on simulated cases worked on by over fifty organisation In cross-border cases, national focal points should from six Member States. This approach has proven act as the single point of contact in a country to highly effective in identifying gaps in international and whom all inquiries about child trafficking or missing interagency cooperation. The organisation has published children are addressed. The national focal point a handbook, based on the results, for cross-border and liaises with other national focal points in order to interagency cooperation. bring the right actors in contact with each other, to
EUCPN I Trafficking in human beings I 7 discuss which information should be shared, and to learn about procedures in the other country.
3. The importance of training for frontline professionals is being emphasised by all organisations who fight against child trafficking. It is advisable not to rely on a single stakeholder for efficient victim identification and referral, but to invest instead in regular training sessions tailored to different stakeholders. In addition, to take some weight off the shoulders of individual caseworkers, standard operating procedures that guide the decision-making should be in place.
4. When dealing with children, especially those who have undergone traumatic experiences, such as refugees and trafficking victims, it is important to approach them in a child-friendly fashion. An approach such as that adopted at the Barnahus children’s houses is recommended. These are child-friendly one-stop shops that bring all the services, including interviews, to the child, instead of the other way around. The child should also be given tailored and comprehensible information on their rights and prospects for the future.
5. An integrated approach to preventing unaccompanied minors from going missing and falling victim to child trafficking should alsotake into account the of- fender (the traffickers)and demand side (the buyers of services and goods produced through trafficking). A good grasp of the business model of trafficking helps identify ways to prevent child exploitation and trafficking. Measures may include awareness-raising, offering effective and discreet ways to report potential child exploitation and intervening where crime and legal economic infrastructure meet (administrative approach).
8 INTRODUCTION
It is estimated that over the past few years, tens of Chapter one describes the phenomena of child traffick- thousands of unaccompanied minors went missing in ing and unaccompanied minors going missing and how the European Union. This is a problem on many different they relate to migration and migrant smuggling, without levels: fundamental rights, child protection, managing of disregarding intra-EU trafficking. The report goes on to migration flows and asylum. From the crime prevention outline the most important international conventions, perspective, the fact that children are unaccompanied protocols and declarations for the fight against child and the fact that they are off the authorities’ radar trafficking in the EU (chapter two) and the most impor- are major risk factors. Unaccompanied minors run a tant EU-wide, cross-border actions to prevent child significantly increased risk of being trafficked for sexual trafficking and to safeguard UAMs from going missing exploitation, labour exploitation, or criminal exploitation. (chapter three).
The Board of the European Crime Prevention Network Chapter four offers the reader an overview of existing has put this issue on the agenda of the European resources of the past few years, including research crime prevention community by tasking the Network’s reports, handbooks, and recommendations. The fifth Secretariat to survey current knowledge and initiatives and final chapter highlights and explains some of regarding the prevention of unaccompanied minors going the most pressing recommendations regarding the missing and the prevention of child trafficking. prevention of child trafficking, covering the following five categories, from determining the child’s best interest This report is a digest of existing resources on this topic and child-friendly approaches, over cross-border and recently produced by non-governmental and (inter) interagency cooperation, right through to addressing the governmental organisations, as well as insights during offender and demand side. two expert meetings held in Brussels in October and November 2019.
EUCPN I Trafficking in human beings I 9 UNACCOMPANIED MINORS GOING 01 MISSING
naccompanied minors (hereinafter: UAM) going missing is Ua complex phenomenon. UAMs, who are a heterogeneous group, may go missing for different reasons. The purpose of this chapter is to explain key terms and describe the different criminal phenomena addressed in this publication.
1 Unaccompanied minors Hence, as a technical term in the EU context, UAM always refers to third-country nationals or stateless The EU Directive on the Standards for the Qualification persons. This is also the problem with this definition: it of Third-Country Nationals or Stateless Persons defines excludes EU children, or, at least, children born in the UAM as “a minor who arrives on the territory of EU, who are not in the presence of a legal guardian, and the Member States unaccompanied by an adult who are, therefore, at an increased risk of being exploit- responsible for him or her whether by law or by the ed and trafficked. practice of the Member State concerned, and for as long as he or she is not effectively taken into the Such groups may include children born on European soil care of such a person; it includes a minor who is who are not being cared for by adults (hence unaccom- left unaccompanied after he or she has entered the panied) and who are not properly registered with author- territory of the Member States.”1 ities (hence missing). The latter may be the case with minority groups who are sometimes mistrustful of the This definition thus comprises any child that arrives in authorities, such as the Roma people. Another phenom- the EU without parents or legal guardians, such as child enon is that of the so-called Euro-orphans. These are refugees from conflict or disaster areas who arrive in the children, mostly in Central and Eastern Europe, whose EU without parents or legal guardians or children sent parents left to work in Western Europe. It is estimated to the EU by their families in the hope of a better future. that Euro-orphans number in the tens of thousands. It also comprises children who are left without parents Most of them are left in the care of other family members, or legal guardians after entering the EU. This may be usually grandparents. The UN Committee on the Rights the case when refugee families enter the EU together, of the Child calls them ‘separated children’, as opposed but parents and children are split up in asylum or care to UAMs.3 It has also been reported, however, that in procedures or in the course of the attempt to reach the certain cases they are basically left on their own, i.e. country of destination. unaccompanied.
UAMs enjoy certain rights in the EU, such as protection Perhaps the most important group of children not and the right to be treated in a way that puts the inter- subsumed under the EU definition of UAMs, are those ests of the child first. An EU regulation establishes which children who are presumably cared for by parents or Member State is responsible for examining applications another guardian, but whose parents or guardians are, for international protection of UAMs.2 in fact, their exploiters or traffickers.4 Such cases involve
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children being trafficked by their parents or guardians for forced criminality or begging, labour exploitation, or sexual exploitation.5 For all intents and purposes, such children are deprived of proper parental care and are considered UAMs in this publication.
Females 2 Unaccompanied minors in 14-15 migration Females 2% <14 In 2015, the Syrian civil war and turmoil in the Middle 2% Females East and Africa caused an increased influx of refugees 16-17 in Europe. Europe saw an unprecedented rise in asylum 6% applications, in what became known as the European refugee crisis. Tens of thousands of refugees risked their very lives to reach Europe through all routes possible, Males <14 including via the Mediterranean, an often fatal undertak- Males 8% ing. Smuggling networks were activated. The number of 16-17 60% asylum applications remained high in 2016, fell in 2017 and 2018, yet not below pre-crisis levels and rose again Males slightly in 2019.6 Illegal border crossings in the same 14-15 years displayed a similar trend (see Figure 3 below).7 22%
UAMs account for a significant share of asylum appli- cants and irregular migrants. This presents a serious challenge. Ever since the onset of the refugee crisis, it has been hard to keep up with the influx of UAMs. Once Figure 2. Sex and age of UAM asylum applicants in the in Europe, UAMs often find themselves in a precarious EU, 2015-2019 (source: Eurostat). situation, in which they often disappear from the radar, e.g. by leaving a reception centre. The reason why UAM migrants do so, is because they see it as the only option available to them. Poor conditions in reception centres, lack of adequate guardianship, tedious asylum procedures with uncertain outcome, pursuit of different destinations (e.g. for family reunification), and pressure from smugglers or traffickers (e.g. because of debt) all encourage UAMs to disappear into the woodwork and move on.
0 20 000 40 000 60 000 80 000 100 000
Unknown 2014 Males 2015 Females 2016 2017 2018 2019
Figure 1. Number of UAMs seeking asylum in the EU (source: Eurostat).
EUCPN I Trafficking in human beings I 11 Once they leave, they become much more vulnerable 2018, the EU Agency for Fundamental Rights (FRA) to trafficking and exploitation. A 2015 research report characterised the situation of UAM migrants in the EU prepared for the European Commission highlights the as a persistent challenge. Despite the decline in UAM risk and resilience factors for trafficking in human beings arrivals, “their level of protection barely improved.”12 (hereinafter THB). The analysis allowed the researchers The agency’s 2018 annual migration and asylum review to identify six risk profiles. Each of them is characterised echoed this concern: despite lower arrival numbers, by a specific configuration of risk and resilience factors “progress has been slow in terms of addressing gaps that make them particularly vulnerable to THB. Two regarding guardianship of unaccompanied children and out of those six risk profiles pertain to UAMs. The first providing a sufficient number of accommodation spots are “child victims of war, crisis and (natural) disaster”, appropriate for their specific needs.”13 meaning “unaccompanied child asylum seekers”. The second risk profile concerns “children subject of a migration project planned by their families.”8 Europol has found that children particularly at risk of being trafficked In the years 2014 to 2017, “more than are orphans, children originating from countries affected 30,000 migrant and refugee children by the socio-economic crisis and children displaced due to conflict.9 are estimated to have gone missing after their arrival in Europe. The majority In many respects, the so-called refugee crisis stumped prior national and European efforts in the protection of disappeared before having filed an UAMs in migration. These include the Action Plan on asylum application or during the asylum Unaccompanied Minors 2010-201410 and the UAM provisions in the Stockholm Programme.11 In February procedure.”
2014 2015 2016 2017 Total
BE 156 166 448 570 1340
BG 496 794 857 853 3000
DE 146 1873 1402 507 3928
EE 1 1 1 0 3
FI 6 53 97 32 188
HU 1072 2563 1408 N/A 5043
IT 3707 6135 6561 2440 18843
LU 6 12 21 7 46
LV 1 2 1 8 12
LT 50 22 22 10 104
SK 19 20 18 20 77
SI 62 34 228 193 517
PT 8 30 14 8 60
NO 32 55 149 122 358
Total 5762 11760 11227 4770 33519
Table 1. Number of UAMs disappearing from care facilities and/or following a return decision in selected EU Member States and Norway (Source: EMN 2018).
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As a result, the problem of UAMs going missing has risen 3. Trafficking in human beings and steeply in recent years. According to Missing Children migrant smuggling Europe, up to one in five UAMs disappear from recep- tion centres less than a day after arrival and in 2015, While both THB and migrant smuggling can be con- only 27.1 % of the missing UAMs were found by the sidered forms of irregular migration, international law authorities.14 This number rose significantly in 2018,15 but draws a distinction between them based on differences remains alarming nonetheless. In January 2016, Europol in purpose, the relation between perpetrator and victim reported in the press that an estimated 10,000 UAMs and the consent of the victim. Migrant smuggling is an were missing in Europe at that time.16 Data collected offence against territorial borders, public administration, by the European Migration Network (EMN) indicated and a range of other national public interests. THB, that this trend was sustained in the following years. The on the other hand, is an offence against personal and organisation estimates that in the years 2014 to 2017, sexual freedom and integrity. However, the distinction is “more than 30,000 migrant and refugee children are esti- not clear-cut and, to some extent, unsustainable. What, mated to have gone missing after their arrival in Europe. for instance, with persons forced to leave their home The majority disappeared before having filed an asylum countries because of persecution, poverty, hunger, war, application or during the asylum procedure.”17 Note, or climate change? Do they really consent to being however, that this estimate is based on data from just 13 smuggled? Indeed, migration pressures make it increas- EU Member States and Norway and excludes data from ingly difficult to distinguish between migrant smuggling other significant countries of first arrival such as Greece and THB.25 (see Table 1). On the other hand, children reported missing in one country but registered elsewhere, possibly The OSCE puts it as follows: “The crime of human smug- under a different name, might be included. gling and the crime of trafficking in persons should be approached as two concentric circles, with intertwined These high numbers persist despite the critical press modalities and modus operandi, as it has become coverage of the phenomenon and ample efforts on the increasingly evident that the migration and refugee crisis part of civil society to raise awareness of this issue. creates a perfect market for the trafficking of migrants Briefly after Europol put the number of missing children within both transit and destination countries.”26 The at 10,000, OpenDemocracy held the EU accountable for organisation furthermore states that it is often overlooked it, stating that “until the EU recognises the specific needs that in many instances, the smugglers and subsequent of child migrants and makes it a priority to swiftly reunite traffickers are (part of) the same criminal network. them with family members, many will likely continue to Bearing in mind that more than 90 % out of migrants use abscond from the reception system.”18 Others criticised smuggling services, we need to realise that migrants are Southern European states, who took in most migrants extremely vulnerable to THB.27 and refugees, for their delayed processing of asylum requests and poor registration, which caused a signifi- cant gap between the number of arrivals and the number of registered UAMs.19 Europol, which does not collect its Migration pressures make own data on UAM migrants, has regretted this “backlog it increasingly difficult to in registration”.20 The situation in other countries, including Germany,21 Belgium,22 the Netherlands,23 and distinguish between migrant Denmark,24 has been condemned as well. smuggling and trafficking in human beings
The crossover between migrant smuggling and THB appears particularly threatening in the context of missing UAMs and child exploitation. In order to be able to move about but remain off the radar, UAMs often depend on smuggling services. With not enough financial resources to simply pay for such services, part of the deal is often that the debt is repaid in kind, e.g. through forced labour
EUCPN I Trafficking in human beings I 13 2 000 000 1 800 000 1 600 000 1 400 000 1 200 000 1 000 000 800 000 600 000 400 000 200 000 0
2014 2015 2016 2017 2018
Figure 3. Number of detected illegal border crossings at the EU’s external borders (source: Frontex).
(including domestic servitude), sex work, or forced Whereas the EU Policy Cycle sees THB and migrant criminality. In other cases, the smugglers who brought smuggling (in the Policy Cycle: facilitating illegal migra- the children into Europe exploit the child’s dissatisfaction tion) as two distinct phenomena, Europol has paid heed with care facilities and/or asylum procedures, talk it into to this hybrid phenomenon. In a 2018 report on child leaving and then proceed to traffic the child in order trafficking in the EU, the Agency indicated that it had to settle the bill. Many have also been subjected to observed “links between criminal networks operating exploitation along the way, before entering the EU, as a migrant smuggling and those involved in human traffick- way of paying up front for the transfer to Europe.28 Either ing.” It listed several indications and manifestations of way, there clearly is a hybrid smuggling-trafficking this cross-over. As much as 20 % of smuggling networks phenomenon. The initial buyer of the smuggling was reportedly also active in THB. Many smuggling service (the migrant or refugee) becomes the networks are also linked to other crimes, including trafficking victim; the smuggler and trafficker are document fraud, property crime, trafficking of drugs and the same person or crime group. More importantly, stolen goods. More importantly, Europol observed that the operation has a single, unified purpose. Either the during the refugee crisis, some crime groups involved smuggling is done to supply forced labourers or sex in THB or drugs trafficking expanded into, or shifted workers, or the exploitation occurs to settle a bill. towards, migrant smuggling, recruiting vulnerable people such as UAMs for criminal exploitation.29
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4. Child trafficking within the EU migrant children and Roma children, these children left behind are at an increased risk of being trafficked.33 The latest comprehensive statistics show that in the years 2015-2016, 1,310 (31 %) child-trafficking victims Finally, all children are vulnerable and all may fall victim with EU citizenship were registered, compared to 643 to child trafficking. Generally speaking, the trafficking of (16 %) with non-EU citizenship and 253 (55 %) who are children within country borders is often linked to child of unknown citizenship or stateless.30 Of course, one sexual exploitation and either the cause or consequence should be careful in drawing conclusions from this data, of children going missing. Children in care appear as victim identification may be skewed and the propor- particularly vulnerable and many such cases of child tions may have changed significantly under the impulse trafficking are misidentified as child sexual abuse.34 of changing circumstances. In 2018, however, the EU Anti-Trafficking Coordinator made similar observations. Its data, contributed by the Member States, suggest that intra-EU trafficking, even within a single Member State, is on the rise. Children from Eastern Europe and Roma communities are at an elevated risk of falling victim to trafficking. Kinship and family relations are used to facilitate the trafficking. Other reported trends are the trafficking of pregnant women to sell their new-borns and child marriage.31 This type of trafficking of children within the EU, which is not linked to migration, should not be forgotten.
The problem of the trafficking of Roma children (and women) is long-standing and well-documented. Roma children are trafficked mainly for forced begging, forced criminality (pickpocketing, burglary) and sex- ual exploitation. Their vulnerability stems mainly from mobility, poverty, close-knit communities and criminalised environments.32 Of course, these risk factors may also affect other children.
Intra-EU trafficking, even within a single Member State, is on the rise. This type of trafficking of children within the EU, which is not linked to migration, should not be forgotten.
Another vulnerable group are children from within the EU who are practically unaccompanied. As with migrants and refugees, children from the EU who are insufficiently cared for by parents or guardians, are vulnerable. One particular group are children whose the parents work abroad. These children are also referred to as Euro- orphans, orphans of labour migration or home-alone children. They are often cared for by family members, yet sometimes they are all alone. Like unaccompanied
EUCPN I Trafficking in human beings I 15 LEGAL FRAMEWORK AND 02 DEFINITIONS
he purpose of this chapter is to give a brief overview Tof the most important international conventions, protocols and declarations for the fight against child trafficking in the EU. This covers also the definitions of THB and child trafficking.
1. United Nations UNTOC is supplemented by three optional protocols (the so-called Palermo Protocols), one of which is the Protocol to Prevent, Suppress and Punish Trafficking in 1.1. The UN Convention against Transnational Persons, Especially Women and Children (hereinafter UN Organized Crime and the Palermo Protocol TIP Protocol). It entered into force on 25 Dec. 2003 and currently has 117 signatories, including the EU Member The United Nations Convention against Transnational States and the EU.36 Organized Crime (UNTOC) was adopted by the General Assembly in 2000 in Palermo, which is why it is also The objective of this Protocol is threefold: to prevent referred to as the Palermo Convention. It entered into THB, to protect victims of trafficking and to promote force on 29 Sept. 2003 and now has 147 signatories, international cooperation in the fight against THB. The among which all EU Member States and the EU.35 Protocol’s importance lies in the fact that it is the first to provide a comprehensive definition of THB. Art. It is an important international legal instrument in the fight 3a states: “Trafficking in persons’ shall mean the against organised crime, aiming primarily at promoting recruitment, transportation, transfer, harbouring or “cooperation to prevent and combat transnational receipt of persons, by means of the threat or use of organized crime more efficiently” (art. 1). It sets a number force or other forms of coercion, of abduction, of of standards such as the criminalisation of participation fraud, of deception, of the abuse of power or of a in organised crime groups (hereinafter OCG; art. 5), position of vulnerability or of the giving or receiving criminalisation of, and measures against, the laundering of payments or benefits to achieve the consent of a of proceeds of crime (art. 6 & 7), joint investigations (art. person having control over another person, for the 19), witness and victim protection (art. 24 & 25), etc. The purpose of exploitation. Exploitation shall include, Convention is applicable to THB insofar as the offences at a minimum, the exploitation of the prostitution of are committed by (members of) an organised crime others or other forms of sexual exploitation, forced group. It does not, however, contain any articles that labour or services, slavery or practices similar to pertain to THB specifically. slavery, servitude or the removal of organs.” The
16 02
Convention unambiguously states that the consent of the child trafficking an extraditable offence (Art. 5), to seize victim is irrelevant (Art. 3b). the proceeds of trafficking and exploitation (Art. 7), and to make sure that children are protected, that their vul- Moreover, when the victim is under 18, the “means” nerability is duly recognised, that (undocumented) young condition becomes a moot point: “The recruitment, people whose age is unsure are treated as children and transportation, transfer, harbouring or receipt of a child that best interests are served (Art. 8). for the purpose of exploitation shall be considered ‘traf- ficking in persons’ even if this does not involve any of the means set forth in subparagraph (a) of this article.” Put simply, according to the UN TIP Protocol, housing or transporting a child for exploitation is, by definition, THB.
1.2 UN Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (UNCRC) was ratified on 20 Nov. 1989 and went into force on 2 Sept. 1990. It currently has 140 signatories, including the EU Member States (but notably excluding the US).37
UNCRC contains a number of stipulations regarding child trafficking and exploitation. Art. 32 states that children have the right “to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education.” Art. 33 establishes that states should take measures “to prevent the use of children in the illicit production and THE LUXEMBOURG trafficking of [narcotic and psychotropic] substances.” GUIDELINES Art. 34 states that children should be protected “from all forms of sexual exploitation”. Art. 35 tasks states with doing the necessary “to prevent the abduction of, the sale of or traffic in children for any purpose or in any While many of the legal texts, including form”. And Art. 36 states that children should be protect- several of the ones presented in this ed “against all other forms of exploitation prejudicial to report, frequently use the terms “child any aspects of the child’s welfare”. As such, articles 32 pornography” and “child prostitution”, to 36 of the UNCRC address all types of child trafficking, their use is contested. In fact, outside identifying the most common ones. of the legal context, a terminology is preferred that draws a clearer distinction UNCRC is supplemented by three optional protocols, between perpetrator and victim, as per the one of which is the Protocol on the Sale of Children, Luxembourg Guidelines (Terminology and Child Prostitution and Child Pornography (commonly Semantics Interagency Working Group on UN OPSC). It entered into force on 18 Jan. 2002 and Sexual Exploitation of Children, 2016). In currently has 121 signatories, including all EU Member this case, that would be “child sexual abuse States.38 material” and “child sexual exploitation (in prostitution)” respectively. As the name of the Protocol suggests, it deals primarily with sexual exploitation (“child pornography” and “child The Guidelines are available for prostitution”). However, Art. 3 specifies that signatories download in several languages at should ensure the criminalisation of child trafficking for http://luxembourgguidelines.org/. the purpose of sexual exploitation, forced labour, or organ removal. Signatories furthermore agree to make
EUCPN I Trafficking in human beings I 17 2. Council of Europe corporate benefit (Art. 26). In a criminal investigation, interviews with a child should take place without delay, in a child-friendly environment and by someone trained for 2.1 Convention on Action against Trafficking in this purpose (Art. 35). Human Beings & GRETA
The Council of Europe Convention on Action against Trafficking in Human Beings (2005) is a regional treaty on 3. European Union the prevention of, and fight against, THB, including victim assistance. It strongly promotes effective prosecution and international cooperation.39 3.1 EU Charter of Fundamental Rights & Treaty on the Functioning of the EU The definition of THB in the Convention (Art. 4) is nearly identical to the one used in the UN TIP. Compared to the In addition to the above, the EU has its own legal instru- latter, however, the Council of Europe Protocol raises ments in the fight against THB and child trafficking. First the standards of victim assistance and protection and of all, the EU Charter of Fundamental Rights reminds us engages signatories even more in cooperation and that THB is an offence against the fundamental human information exchange.40 Moreover, it has established right to be free. Thus, the 2012 Charter’s fifth article a monitoring mechanism in the form of the Group of deals with the prohibition of slavery and forced labour Experts on Action against Trafficking in Human Beings and explicitly states that “trafficking in human beings (GRETA; Art. 36), which acts in such a way as to ensure is prohibited.”43 The Treaty on the Functioning of the the Convention’s effectiveness. GRETA meets three European Union, from the same year, is more to the times annually, carries out field visits and publishes point. Art. 79 establishes that the Union shall develop country reports on the compliance to the Convention.41 policies and adopt measures to prevent and fight against They are a valuable source of information if you want to THB and child trafficking. Art. 83 furthermore states that know what can be done better in the fight against THB the Parliament and Council must establish “minimum and child trafficking. rules concerning the definition of criminal offences and sanctions” for a series of serious crime phenomena, including THB and sexual exploitation of women and 2.2 Convention on the Protection of Children children.44 against Sexual Exploitation and Sexual Abuse
The Council of Europe Convention on the Protection of 3.2 Directive on Combating and Preventing Children against Sexual Exploitation and Sexual Abuse, Trafficking in Human Beings and Protecting Its also known as the Lanzarote Convention, was signed Victims in 2007. It is an ambitious treaty that engages Member States to set minimum standards and cooperate in the The latter objective has been met in the Directive on fight against all types of sexual offences against children, Combating and Preventing Trafficking in Human Beings including child prostitution (Art. 19), child pornography and Protecting Its Victims.45 It, too, adopts the UN (Art. 20-1) and the solicitation of children for sexual definition of THB, including the provision that when the purposes (“grooming”; Art. 23).42 As such, there is some victim is under 18, the “means” become irrelevant. The overlap with child trafficking for sexual exploitation. EU Directive adds an explanation of “a position of vulner- ability”, which it sees as “a situation in which the person At the same time, the Lanzarote Convention is more concerned has no real or acceptable alternative but to far-reaching, because it requires states to raise aware- submit to the abuse involved” (Art. 2). The Directive also ness among people who work with children, train them adds that inciting, aiding, or attempting to commit the to detect sexual abuse or exploitation and prohibit offence of THB is a punishable offence (Art. 3). persons convicted of sexual exploitation or abuse of children to work with children (Art. 5). It also establishes Member States ought to make sure that the maximum awareness-raising and capacity training for children (Art. penalty for THB is at least five years’ detention and ten 6), tasks states to set up information and helplines (Art. years if the victim is vulnerable (such as a child), when 13) and requires signatories to take measures to ensure the life of the victim was endangered, when serious corporate liability if the offences were committed for violence was used, or when it was committed by an
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organised crime group (Art. 4). The Directive also deals extensively with the assistance given to trafficking victims (Art. 11) and their protection in criminal investigations and proceedings (Art. 12), with specific measures for the assistance to, and protection of, child-trafficking victims (Art. 13-15) and unaccompanied child trafficking victims (Art. 16). These include the appointment of a guardian, access to free legal counselling and representation, time- ly and limited number of interviews by a trusted person (i.e., every time the same person) and an assessment of the child’s best interests.
Generally speaking, the Directive is quite comprehen- sive, as its focus is not limited to criminal law and law enforcement, but also includes victim assistance and protection in view of compensation and reintegration, gender-specific approaches and prevention.
EUCPN I Trafficking in human beings I 19 EU-WIDE MEASURES 03 AND ACTIONS
n recent years, the problems of UAMs going missing and Ichild trafficking have been exacerbated by the migration crisis, but even prior to that time, they were on the EU agenda. This chapter discusses briefly the most important EU-wide, cross-border actions to prevent child trafficking and to safeguard UAMs from going missing.
1. Strategy towards the Eradication of the Directive and the Strategy, most importantly, the of Trafficking in Human Beings migration crisis.47 (2012-2016) and follow-up The follow-up priorities which the European Commission With the EU Strategy, the European Commission aimed defined for itself and the Member States include the at translating the Directive on Combating and Preventing following: Trafficking in Human Beings into concrete goals and actions, thereby furthering the implementation of the • Disrupting the business model and untangling the Directive. It asserts that the main responsibility in the fight trafficking chain; against THB (and child trafficking) lies with the Member • Provide better access to and realise the rights for States, but offers a European framework to support the victims; Member States and created the main EU instrument in • Intensify a coordinated and consolidated response, the fight against THB in the years 2012-2016. both within and outside the EU.48
The Strategy identified five key priorities for the EU in the To address these priorities, the Commission again de- fight against THB, along with proposed actions which fined a series of key actions, some of which have already the Commission was to implement.46 It remains useful been completed. Still, the priorities remain of importance to reproduce the priorities and actions here, as they give and certain deliverables of the key actions remain a comprehensive overview of the range of actions that pertinent today. These include a guidance produced could, and indeed should, be taken in the fight against in cooperation with the European Institute for Gender THB and child trafficking (see separate box). Equality (EIGE) on gender-specific measures for helping and supporting victims,49 as well as a practical guide- While most of the proposed actions were (partially) book produced in cooperation with the European Union completed by 2016, many of the challenges related Agency for Fundamental Rights (FRA) on inter-agency to preventing THB and child trafficking persist to this and transnational cooperation for the prevention of child day, requiring further targeted action. This has been trafficking and the protection of child-trafficking victims.50 attributed to the changing context after the adoption Both will be dealt with in more detail below.
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The five priorities in the fight against THB according to the EU Strategy
While the EU Strategy covered the years 2012 to 2016, the priorities give a good overview of the range of possible actions that could be taken in the fight against THB and child trafficking.
1. Identifying, protecting and assisting victims of trafficking. Proposed actions: > Establishment of national and transnational referral mechanisms; > Identification of victims; > Protection of child victims of trafficking; > Provision of information on the rights of the child.
2. Stepping up the prevention of trafficking in human beings. Proposed actions: > Understanding and reducing demand; > Promoting the establishment of a private sector platform; > EU-wide awareness raising activities and prevention programmes.
3. Increased prosecution of traffickers. Proposed actions: > Establishment of national multidisciplinary law enforcement units; > Ensuring proactive financial investigation; > Increasing cross-border police and judicial cooperation; > Increasing cooperation beyond borders.
4. Enhanced coordination and cooperation among key actors and policy coherence. Proposed actions: > Strengthening the EU Network of National Rapporteurs or equivalent mechanisms; > Coordinating EU external policy activities; > Promoting the establishment of a civil society platform; > Reviewing the projects funded by the EU; > Strengthen the fundamental rights in anti-trafficking policy and related actions; > Coordinating training needs in a multidisciplinary context.
5. Increased knowledge of, and effective response to, emerging concerns related to all forms of trafficking in human beings. Proposed actions: > Developing an EU-wide system for data collection; > Developing knowledge relating to the gender dimension of trafficking and vulnerable groups; > Understanding online recruitment; > Targeting trafficking for labour exploitation.
EUCPN I Trafficking in human beings I 21 2. Europol and the EU Policy Cycle
The EU Policy Cycle, set up by the EU in 2010, is a way to streamline and stimulate coordination and cooperation (between Europol, other EU agencies and institutions and third parties) in the fight against serious international and organised crime. Every four years, a list of the most important crime threats and phenomena is defined, which are the focus of attention during the multi-annual Policy Cycle. In the 2018-2021 Policy Cycle, as before, THB is one of the priority crime areas. This includes all forms of exploitation and child trafficking.51
This means that Europol together with its partners, including EUCPN, been working on THB and child trafficking for a while now. According to Europol, “human trafficking is a serious crime that abuses people’s fundamental rights and dignity. It involves the criminal CRIMINAL NETWORKS exploitation of vulnerable people for the sole purpose of INVOLVED IN THE TRAFFICKING 52 economic gain.” Europol differentiates four types: AND EXPLOITATION OF
• Sexual exploitation, including prostitution; UNDERAGE VICTIMS • Forced labour or services; • Slavery, servitude and related practices; • The removal of vital organs. Europol’s 2018 situation report on child In October 2018, Europol published a situation report on trafficking was produced in the framework of child trafficking in the EU and the criminal networks in- the EU Policy Cycle. It contains data on child volved in it. 53 It describes in detail the different networks trafficking in the EU as well as information active in the trafficking of minors in the EU, the modus on the typology of offenders and crime operandi and the purposes of those activities. As stated groups involved and their modus operandi, above, this document also drew attention to the links and all that from an EU-wide perspective. It between THB and migrant smuggling which appeared covers the trafficking of children from around during the refugee crisis and which created a hybrid the world to the EU, the trafficking of UAM phenomenon that is especially threatening to UAMs. migrants in the EU and intra-EU trafficking alike.
Find this other Europol resources at 3. Action Plan on Unaccompanied www.europol.europa.eu Minors 2010-2014
In 2010, the European Commission came up with an Action Plan on Unaccompanied Minors for the years 2010-2014.54 Even at that time, before the migration crisis, the number of third-country children arriving in Europe not accompanied by a responsible adult was on of the range of actions that could be taken by different the rise, which was seen as a growing problem. As with actors in the field. It explicitly links UAM migrants to the EU THB Strategy, the good intentions and achieve- child trafficking, as they are at a higher risk of already ments of the Action Plan have been overshadowed by being the victim of, or falling victim to, trafficking. The the problems ensuing from the refugee crisis. Action Plan devotes quite a bit of attention to the need to address the root causes of migration, e.g. by poverty Nonetheless, the Action Plan was, and still is, a valuable reduction, education, health, labour policy, human document which, if anything, gives a good overview rights and democratisation, as well as post-conflict
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reconstruction. In other words, efforts in, and cooper- the quality of service of its member organisations. Its ation and partnerships with, third countries are needed Figures and Trends reports offer insightful data on miss- to prevent the unsafe migration of children and child ing children in migration (with the reservation that children trafficking. from irregular migration are less likely to be reported to a missing child hotline). The Action Plan also emphasises the importance of effective and streamlined reception and procedures in the EU in the fight against the (further) victimisation of UAM migrants. The Action Plan states that all UAMs should be appropriately accommodated and receive tailored assistance in their best interests. It identifies serious shortcomings, such as the fact that protection provisions are often status-dependent (different for identi- fied victims, illegal migrants, asylum applicants). Finally, it proposes a transition period so that UAMs do not suddenly miss out on assistance and accommodation when turning eighteen. All of these points are pertinent today, as experts in the field still identify these as areas of improvement in the wake of the migration crisis.
4. 116000: EU-wide hotline for missing children
The so-called Framework Directive of 2002 paved the way for unified, EU-wide hotline and helpline services, using the same phone number everywhere.55 In 2007, the Commission used its executive power to reserve, all over the EU, numbers of the format 116 + three digits for free (for the caller), harmonised services.56 Right away, the number 116000 was reserved for a 24/7 missing children hotline, which “(a) takes calls reporting missing children and passes them on to the police; (b) offers guidance to, and supports, the persons responsible for the missing child; (c) supports the investigation.”57
The onus is not on the Member States to install this hotline in their country; they only have to reserve the number for such a service. This and the fact that telecom operators were not obliged to carry the costs of these services and no European funds were made available, made for a slow implementation. In 2009, the number had been assigned in nine Member States and was operational in five of them.58
Thanks in no small part to the continuous efforts and support of Missing Children Europe, an umbrella organisation for national organisations for missing and exploited children, the hotline is now active in all EU countries, as well as the UK, Albania, Serbia, Switzerland and the Ukraine. Furthermore, Missing Children Europe continually monitors, collects data, and works to improve
EUCPN I Trafficking in human beings I 23 EXISTING 04 RESOURCES n the past few years, a number of organisations - both Inon-governmental and (inter)governmental - have produced highly relevant resources, including research reports, hand- books, and recommendations. Only the most important of these insights and the most pressing of these recommendations are reproduced in the other chapters of the current report. This chapters points to selected reports that anyone working on preventing that UAMs go missing and fighting child trafficking would do well to consult.
than their own, with a focus on child-trafficking victims.59 It does not deal with UAM asylum applicants, but instead focuses on children who come from within the EU, which FRA identified as a hiatus.
The reason for dedicating the guidance to this group is threefold. Firstly, the freedom of mobility of EU nationals within the EU and the absence of border controls within the Schengen area mean that trafficking victims from within the EU have less chance of being picked up by the authorities. Secondly, many protection measures have been developed under the EU asylum, return and migration acquis, meaning they are applicable to UAMs from within the EU only to a limited degree. Thirdly, the phenomenon of child trafficking within the EU is of a significant size, with a reported 1,310 children being trafficked in the EU in 2015-2016.60
The guidance is based on a mapping of EU Member 1. FRA Handbook on children de- State practices and discussions with a group of experts. prived of parental care found in a It specifically targets professionals who may come into country other than their own contact with UAMs but who may not be aware of the proper course of action to take in the best interest of The European Union Agency for Fundamental Rights children or the relevant legal framework. These include (FRA) has recently published a handbook on dealing with law enforcement officers, social workers, health profes- UAMs in need of protection, found in a country other sionals, guardians, along with judges and lawyers.
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The first part of the guidebook discusses the legal The rationale for a gender-specific approach to THB framework, with special attention to the Brussels IIa and child trafficking and for treating trafficking for sexual Regulation (2003) and the Hague Convention (1996).61 exploitation as a form of violence against women, is in The former establishes a common judicial area within the the numbers. Close to three quarters of trafficking victims EU, while the latter deals with the jurisdiction, applicable worldwide are women; 96 % of persons trafficked for law, recognition, enforcement and cooperation in respect sexual exploitation are female.63 Furthermore, research of parental responsibility and measures for the protection has shown that stereotyping and victim-blaming attitudes of children. Together, they establish the responsibilities of in the criminal justice system adversely affect the victim’s the Member States where the children are found and the credibility, identification, protection and support.64 Member States of origin and how they should cooperate. The second part of the guidebook describes ten actions As regards the trafficking of UAMs, Chapter six, that are necessary for the protection of UAMs from within ‘Provisions regarding girl victims of trafficking for sexual the EU, with special attention to responsibilities of differ- exploitation’, is of particular relevance. It deals with gen- ent actors, including law enforcement, child protection dered aspects of victim identification and age verification, systems, legal guardians and many others. Annex 3 lists support and assistance of girl victims and access to these responsibilities in a readily-understood format. justice. A common theme is the need for appropriate training or the involvement of sufficiently trained actors, Download this manual and other resources at such as child protection services, and an approach fra.europa.eu. which is girl-child-friendly.
Visit EIGE’s homepage to download this report: eige.europa.eu. 2. EIGE report on Gender-specific measures in anti-trafficking action
The European Institute for Gender Equality released a 3. Missing Children Europe report on Gender-Specific Measures in Anti-Trafficking Action in the framework of the follow-up to the THB Action Plan.62 It lays out the theoretical background of 3.1 Best practices and key challenges on intera- a gender-specific approach to THB and child trafficking gency cooperation to safeguard unaccompanied and offers a set of gender and child-specific recommen- children from going missing dations and indicators to support Member States in the interpretation of the legal provisions that describe the The 2016 final report of the SUMMIT project address- identification and protection of women and child-traffick- es the exact same question as the current report: ing victims. preventing UAMs from going missing.65 It was drafted in direct response to the so-called refugee crisis and is the product of research done by Missing Children Europe, the Centre for the Study of Missing Persons at the University of Portsmouth, and along with a series of other partners. It is based on interviews and surveys of missing children hotlines staffers and other actors such as law enforcement and guardians, and covers seven EU Member States: Belgium, Cyprus, Greece, Italy, the Netherlands, Spain and the UK. Besides the research results, the report presents also best practices and identifies shortcomings and challenges, and relates them to the results of EU-co-funded projects on that issue.
The scope of the report is threefold: it obviously deals with the prevention of UAMs going missing, but also with the response to UAMs being reported missing, the aftercare of missing children once found, and the training and training needs of all actors involved. The results and
EUCPN I Trafficking in human beings I 25 recommendations are highly relevant for anyone working best interests, checking the case against the Schengen to prevent that UAMs go missing and remain as valid as Information System database, involving cross-border they were in 2016. law enforcement cooperation bodies (Europol, Interpol) if applicable, and sharing information across borders for child protection purposes. Fortunately, other procedures 3.2 INTERACT: Practical guidance on preventing were triggered in all or several of the countries.66 and responding to trafficking and disappearances of children in migration A detailed report sums up the findings,67 and a manual translates the findings into clear-cut, practical advice and With the Interact project, Missing Children Europe and a action plans that ideally should inform the approach to host of partners have done more than draw attention to the many similar cases that occur in the EU each year.68 the need of cross-border cooperation in the response to child trafficking. They set up a simulated work environ- Find Missing Children Europe’s publications at ment in which different agencies (law enforcement, mi- missingchildreneurope.eu. gration authorities, NGOs, and local authorities) from six participating Member States (Belgium, France, Greece, Italy, the UK and Sweden) worked on two fictitious yet realistic cases of UAM migrants disappearing in Europe. 4. OSCE Special representative and A total of 90 participants from 54 organisations took coordinator for CTHB part. It allowed the organisers to identify shortcomings in international cooperation and cross-border information flows. 4.1 From reception to recognition: identifying and protecting human trafficking victims in migration The exercise revealed that one of the principal short- flows & Uniform guidelines comings is the lack of clear procedures for dealing with missing children from migration. What is needed is a From Reception to Recognition (2017) is a publication straightforward protocol that is shared between all actors based on research and field visits by the Office of the involved, so that every one of them knows what to do Special Representative and Co-ordinator for Combating in which cases. A second shortcoming is the sharing Trafficking in Human Beings (OSR/CTHB).69 The report of information, often out of fear of breaching GDPR. offers a needs assessment and a number of concrete However, if there are safeguarding concerns, GDPR al- solutions and recommendations for timely victim lows for the fair and lawful sharing of information in order identification in mixed migration flows, especially in to locate and protect missing or trafficked children. A reception facilities, as well as appropriate protection of, third important shortcoming is the lack of proper training and care for, identified or presumed trafficking victims. of frontline professionals, including law enforcement, (These will be discussed in more detail below.) While it who, as a result, often miss signs of trafficking or abuse. does not deal with UAMs specifically, it is still a highly relevant resource. In the simulations, these shortcomings resulted in certain key procedures not being triggered in any of Two years later, in a publication called Uniform the six participating countries, even though some are Guidelines,70 the OSCE translated the recommendations required by law. These include determining the child’s in From Reception to Recognition to a supplementary set
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of practical measures to better identify trafficking victims the fight against child trafficking and children going in mixed migration flows. It focuses on front-line profes- missing. For instance, the Paper discusses in detail the sionals in migrant and refugee reception. The Guidelines decisions regarding the interviewing and questioning cover different scenarios for victim identification, empha- of the child-trafficking victim (e.g. when, where and by sise the importance of a uniform multi-agency approach whom the child should be interviewed) and regarding its and offer a blueprint for a standard operating procedure participation in legal proceedings. The OSCE advocates for the formal identification of trafficking victims. the Barnahus (“Child House”) approach, developed in several Scandinavian countries. The Barnahus approach is a collaborative and inter-agency approach that es- 4.2 Child trafficking and child protection: ensur- sentially brings different actors and services to the child ing that child protection mechanisms protect in a single, child-friendly environment. The underlying the rights and meet the needs of child victims of idea is that interviews and questioning could take place human trafficking in a trusted environment in which the child also enjoys appropriate care, protection and assistance. This then The OSCE has also published an Occasional Paper helps generating valid evidence for criminal proceedings, (no. 9) that deals with child trafficking in particular.71 It which, in turn, is an important aspect of the fight against is one of the best available resources on the protection THB.72 of identified and presumed child-trafficking victims. It discusses what state-run child protection services should Additionally, effective and comprehensive protection do which policies should be in place in order to guaran- of child victims of trafficking is complementary, and tee the best possible care and a successful reintegration contributes to, the prevention of child trafficking. One in line with the victim’s rights and best interest. It devotes key property of THB is mobility: offenders and victims attention to children who are outside of their own tend to move around and people exploited in one place country, as well as children in their own country, and to are trafficked to a different place only to be exploited both unaccompanied and accompanied children. At the more. This happens in every type of trafficking, but end one can find a series of recommendations concern- appears particularly common in forced begging, a ing the decision-making processes, the accommodation very public form of child exploitation, so that moving provided to the child, and repatriation. around decreases the probability of being identified as a trafficking victim.73 At first sight, the Occasional Paper does not address the prevention of child trafficking in the strict sense. Found out more about the OSCE’s efforts against child Still, the measures proposed are very important in trafficking at osce.org.
EUCPN I Trafficking in human beings I 27 RECOMMEN- DATIONS
05 he final chapter of this report is devoted to the key Tchallenges and recommendations for the fight against child trafficking and the prevention of UAMs going missing.
1. The best interests of the child While the best interests are being assessed, the child should be granted a temporary residence permit The UN Child Rights Convention stipulates that “in all for the duration of the best interest assessment. actions concerning children, […] the best interest of the Unnecessary relocations are never in the best interest child shall be a primary consideration”.74 This principle of the child and should be avoided at all times and, has trickled through in other conventions and actions whenever possible and feasible, a child should be with plans, including the UN Optional Protocol on the Sale of its family. If that is not possible, suitable accommodation Children,75 the Council of Europe THB Treaty,76 and EU and care should be provided immediately.82 If the as- policy.77 The EU Anti-Trafficking Directive determines that sessment concludes that it is in a child’s best interest to with respect to the assistance, support and protection stay in a country other than its own, a further residence of child-trafficking victims, a “durable solution” should be permit should be granted.83 found “based on an individual assessment of the best interests of the child.”78 Unnecessary changes in the care and assistance track are also to be avoided: ideally, protection provisions Establishing a child’s best interests is not always easy, are not status-dependent, and to the extent they are, a however. It requires at least that every child is always continuity in care and protection should be ensured. treated as a child first andnot , for instance, as a migrant. One way to ensure this is by having the best interests The end goal should always be to reach a sustainable assessments carried out by a multidisciplinary team. This solution. The OSCE lists the following minimal conditions team should first and foremost include child protection for a durable solution: actors. The child itself should be heard and in the case of UAMs, legal guardians play a key role.79 A legal • It ensures the continuity of care between organisa- guardian should be appointed for each UAM right away tions and between states; and be in a position to build a relationship of trust with • It ensures the child is in a safe environment at all the child.80 It is advised not to rely on police or migration times; officers exclusively for the determination of a child’s best • It enables the child to develop stable social interests. According to the UN Committee on the Rights relationships; of the Child, actors involved should be independent of • It allows the child to develop plans for the future.84 migration authorities.81 A recommended approach is to always involve such a multidisciplinary team once police or migration authorities have identified a child as a potential trafficking victim.
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2. Interagency and cross-border cooperation and information exchange
Interagency and cross-border cooperation are of the utmost importance in order to provide adequate care, Interact assistance and protection to UAMs and child victims of trafficking, as well as in the response to, and investiga- In 2019, Missing Children Europe and its tion of, missing children. It is also exactly where things partners developed an innovative and tend to go wrong. highly productive methodology to enhance international and multi-agency cooperation in Law enforcement or migration officers may fail to involve the fight against trafficking and exploitation child protection actors. Children may leave a care centre of children in migration. It set up practical for a different country, e.g. because they have family simulations of fictional cases for stakeholders there, but authorities of that country are never informed, to work on, allowing to identify the gaps in causing a lot of work (identification, best interests frontline work and weak links in interagency assessment, age verification) to be done a second time. cooperation. Six countries participated in In other cases still, local actors may fail to involve law these simulations (Belgium, France, Greece, enforcement, even though there are indications of crimes Italy, the United Kingdom and Sweden). occurring, or local or national police agencies may fail A training targeted at local and national to share information or seek the help of international professionals based on the results of the law enforcement agenciess such as Europol or Interpol, simulations was offered in December 2019, even if there are clear indications of the involvement of alongside a policy conference. Participants in cross-border, organised crime groups. the simulations applauded the approach. The project report and practical guidance (Missing One way to ensure effective interagency cooperation Children Europe 2019) are highly valuable within one country is to implement a comprehensive resources for anyone in or outside of the six National Referral Mechanism (NRM) for the identifica- participating countries. tion of, and assistance to, trafficking victims within one country. An NRM is a cooperative framework that allows All in all, the approach can be seen as a highly different state actors and civil society to coordinate their cost-effective way to streamline operating efforts so as to provide effective ways to refer victims procedures and interagency cooperation. to services.85 Setting up NRMs was one of the actions Countries who did not take part already are defined in the EU anti-trafficking strategy.86 strongly advises to do the simulations.
For effective cooperative case management, whether More information: within one country or across borders, it is essential that http://missingchildreneurope.eu/What-we-do/ the necessary information is being shared between rele- Disappearance-of-children-in-migration/ vant actors. Everyone involved should be aware of which INTERACT information to share with whom. Children on the move often have plans to move on to another destination; if such plans are known, relevant information should be shared across borders with relevant actors in the transit and destination countries. It is important, therefore, that good relations are established with those actors in other sharing of personal data on children, GDPR does not in countries. Preferably, there is a single point of contact fact hinder the sharing of information on children at risk in each Member State that can be contacted in such or child victims of trafficking, without their consent, if cases. such data exchange is “necessary for the vital interests of the data subject”.87 Of course, even in such cases, Actors involved are often reluctant to share personal the necessary measures should be taken to protect the information on minors because of privacy concerns, right to a private life and to prevent data loss or misuse. often citing GDPR, the EU General Data Protection More information on GDPR and what it means for the Regulation. While it is useful to practise restraint in the assistance to, and protection of, child-trafficking victims
EUCPN I Trafficking in human beings I 29 and (missing) UAMs can be found in Missing Children point could liaise with other national focal points in order Europe’s Practical Guidance88 and in FRA’s Handbook.89 to bring the right actors in contact with each other, to discuss which type of information is needed and to learn Any reluctance to collect information and share it with about procedures in the other country.93 others where necessary is also at odds with the recom- mendations of both Missing Children Europe and the The national focal points should be part of an internation- OSCE. The OSCE recommends the creation of national al case management system, such as the Transnational databases of identified and presumed child-trafficking Referral Mechanisms (TRMs), grafted on the National victims, which “would facilitate an integrated and Referral Mechanisms but incorporating the transnational individualized approach, with assistance shadowing dimension. Those TRMs, piloted in a few countries, are a client, be this at the second line reception facility, or one model of international, interagency cooperation and regarding interactions within employment, educational encompass both standard operating procedures and the or healthcare sectors.”90 The organisation also suggests appointment of national contact points.94 that the data could be used in criminal proceedings if the victim so agrees. For UAMs who are not (presumed) trafficking victims, a similar “social file” should follow the child with a view to finding a sustainable solution, 3. Training and standard operating e.g. family reunification.91 In all this, it is important not procedures to put an over-emphasis on migration: domestic and intra-EU child-trafficking victims must be added to these The importance of training for frontline professionals is databases as well, as they are not adequately identified being emphasised by all organisations who fight against as trafficking victims.92 child trafficking. Child-trafficking victims and UAMs come into contact with officials (migration office, police, social workers, health workers etc.), but for these officials to take the necessary steps with a view to preventing further or future exploitation or trafficking, they must first of all recognise vulnerabilities and indicators of exploita- tion. This is the case for both the trafficking of migrant For effective cooperative case children and domestic or intra-EU child trafficking. They management, whether within must also know whom to inform and which procedures to initiate. This may be obvious for people who frequently one country or across borders, deal with child victims of trafficking or UAMs, but not for it is essential that the necessary others. Municipal authorities and local police often lack experience dealing with such cases and formal training.95 information is being shared In other words, when the right action is not taken, this is between relevant actors. often not out of negligence or malicious intent, but simply because procedures are not in place or staffers lack proper training, which is a problem particularly for law enforcement officers and criminal justice professionals.96
Thus, it is advisable not to rely on a single stakeholder A lack of information exchange is not the only reason for efficient victim identification and referral, but to why cross-border cooperation runs aground. It is hard invest instead in regular training sessions tailored to find out who to contact in a different country. In fact, to different stakeholders, as this is essential to an it is even hard sometimes for local actors to find a point integrated approach to anti-trafficking interventions. of contact within the same country. There may also be This, the OSCE emphases, requires “a coherent national a language barrier or procedures may be complex and strategy with a clear division of roles and responsibilities time-consuming. It is, therefore, recommended for states of competent stakeholders at central and local levels to appoint a national focal point in a central govern- and the optimization of allocated financial resources.”97 ment agency for dealing with trafficking victims. Such a A lack of training not only manifests itself in the failure to national focal point should be the single point of contact identify trafficking victims. For instance, Missing Children to whom all inquiries about (child) trafficking victims or Europe’s INTERACT project showed that “further training missing children can be addressed. The national focal on available tools including the use of SIENA and Interpol
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was identified as essential to It is advisable not to rely One way to stimulate equipping professionals to on a single stakeholder child-friendliness is the use of utilise these tools in the best dedicated spaces for interviews interest of [child-trafficking for efficient victim and referrals for children. The victims].”98 In addition, identification and referral, OSCE specifically endorsesthe (non-medical) professionals Barnahus approach.103 The who come in contact with but to invest instead in Barnahus (“Children’s house”) UAMs should be trained in regular training sessions concept originated in Iceland mental issues such as trauma in 1998. It encompasses an and other issues affecting tailored to different interagency, multi-professional child refugees.99 stakeholders, as this is approach to addressing cases of violence against children and Even with proper training, essential to an integrated child abuse and combines a however, many might have approach to anti- penal and welfare track. The difficulties making judgments model was soon exported to in cases related to UAMs and trafficking interventions. other Nordic countries. trafficked children. To a certain extent, such insecurities and The Barnahus Children’s houses the need for subjective judg- are child-friendly places that ments could be taken away bring all services (law enforce- by implementing standard ment, prosecution, welfare, operating procedures. Such procedures should be in health and potentially others) under one roof. Children place for migrant and refugee referrals, including victim are brought there and relevant stakeholders all come identification, and comprise specific procedures for there to interview the child, perform medical tests and minors and UAMs.100 The protocols would tell officials so on. In other words, the services are brought to the and civil society workers what to do when in contact with child rather than the other way around. This has certain a UAM or child victim of trafficking, covering such things benefits: it puts less strain on the children themselves, as which agencies and organisations to alert, which different actors can better coordinate their response to information to collect, which information to share with each case and children receive support throughout the the subject and whose approval to await before letting whole process.104 Of course, for this model to work in the child go. The standard operating procedures need to child-trafficking cases, presumed or identified victims be the result of a multiagency cooperation of all relevant should be routinely transferred to children’s houses.105 actors, should be harmonised and mandatory for all actors.101 They have the potential of taking a weight of Another important aspect of an approach tailored to the shoulders of individual decision-makers, while at children is the sharing of adequate information on the same time boosting the effectiveness and efficiency the risks of THB and exploitation as well as on migration of victim protection and assistance, on the one hand, and asylum procedures and prospects for the future. and the prevention of THB, on the other. The OSCE has Adequate information is information that is sufficient for made available a model for standard operating proce- children to know what their rights and options are, what dures for the formal identification of trafficking victims.102 kind of assistance and protection they may expect, what the information they give will be used for, why they are being interviewed, as well as absolute basics such as where they are. The information should also be age- and 4. A tailored, child-friendly approach gender-sensitive, so that it is tailored to their individual situations and is understandable for children of their age. When dealing with children, it is important to ensure Missing Children Europe’s handbook contains a check- that information, interactions with professionals and list of what kind of information should at least be given the locations where interviews are conducted are to children in migration and child-trafficking victims.106 child-friendly. Especially when dealing with UAMs, who invariably have a history of traumatic experiences, it is important to make sure that they feel comfortable, gain trust in the assistance system and are confident enough to speak up.
EUCPN I Trafficking in human beings I 31 5. Addressing the offender and de- mand side PROMISING PRACTICES: CHILD-FRIENDLY, TAILORED Most of this report, as well as most of the resources INFORMATION it refers to, focus primarily on the victim side of child trafficking: identifying trafficking victims, protecting them, preventing that they are re-victimised or that vulnerable individuals are victimised. An integrated approach to Videos by children for children the prevention of THB and child trafficking should also Save the Children Italy has worked with address the offender and demand side. Egyptian children to record a video explaining to other Egyptian children Most types of crimes involve two actors, namely the what to expect upon arrival. It is a way to offender and the victim. The gains (e.g. a wallet stolen by correct false information they might have, a pickpocket) flow to the offender. For the crime to hap- in the voice of their peers. pen, the potential offender and potential victim have to come into contact with each other in a certain situation (either real or virtual). Crime prevention interventions may focus on the offender, the victim, the situation, or any combination thereof.107 The Miniila smartphone In the case of THB and exploitation, the model is slightly app more complex (see Figure 4). Besides an offender Missing Children (trafficker or exploiter) and a victim, there is also a third Europe launched party, which could be referred to as the demand side, a smartphone even if that word may seem to attribute a greater role to app called Miniila, this party than is necessarily the case. The demand side developed is the buyer or user of the goods or services produced by trellyz and through exploitation. available for Android and One example is someone who gets construction work iOS. It offers done and hires a contractor who practices labour information on exploitation. The buyer would not necessarily be aware asylum and victim support tailored to of the labour exploitation, neither would he necessarily children and adapted to the location of benefit from it (e.g. by means of a lower price). Another the child. It covers eight countries and is example is someone who hires the services of an available in multiple languages. underage escort through a web page. He may do so knowing full well that underage escorts are being offered there, but there are also cases where the web page appears legitimate and the clients are not aware of the sexual exploitation of minors.
In other words, the demand side (the buyer) may or may not be criminally liable and may or may not be benefitting from the trafficking or exploitation. Either way, there is a potential for preventive measures at the demand side. An integrated approach to the prevention of child trafficking is oriented not just towards the victim, but also towards the offender and the buyer, as well as all the interactions between any of them and between them and the legal economy and infrastructure.
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offender crime victim crime buyer
revenue revenue
Preventive intervention
Figure 4. Simplified model of trafficking in human beings, showing the relationship between offender, victim and the buyer of goods or services produced through trafficking, as well as the (theoretical) options for prevention.
The last factor deserves some clarification.In order So what can be done? Here are a few examples: to do what they do, traffickers depend on the legal economy and infrastructure. In order to sell • Raising awareness of the signs and indicators products or launder money, they may have to set up of exploitation and trafficking among the general legal businesses as fronts. To recruit and control victims, public; traffickers often depend on social media.108 To transport • Ensuring that individuals have access to efficient or house victims, they may have to apply to local author- and discreet pathways of reporting suspicious ities or even have to forge documents, which are subject businesses (even in cases of mere doubt); to control by authorities. In addition to the document • Helping businesses to prevent exploitation in their fraud and money laundering, there may be other crimes, subcontracting chain (HEUNI has guidelines for including tax evasion, benefit fraud, illegal prostitution this110); and labour law violations, all of which, when detected, • Promoting the adoption of corporate codes could also be indicators of exploitation. of conduct for the protection of children from sexual exploitation (for an example, see the ECPAT Thus, a good grasp of the business model of trafficking initiative called The Code111); helps identify ways to tackle the problem of exploitation • Business licensing policies and identification of and trafficking, whether in a preventive or in a reactive businesses as fronts could increase the costs and manner. While not focusing on child trafficking, the work risks for the offender; of HEUNI and partners in the framework of the FLOW project is particularly insightful in this respect. HEUNI Offenders often rely on social media to recruit and control researchers have mapped the business model and illicit victims.112 Social media platforms can implement certain financial flows in labour exploitation, and will in the future measures to make the platform less usable for these translate the results into investigation aids.109 purposes and increase the risk of getting caught.113
EUCPN I Trafficking in human beings I 33 The Polaris Project offers “a reimagined approach to confronting, and ultimately, to ending sex and labor trafficking in North America.” The approaches they advocate are driven by data on offenders and their business models provided by survivors, in order to dismantle the underlying systems that make THB possible.
Their latest publication, On-Ramps, Intersections, and Exit Routes, discusses how certain industries and public administration systems can help prevent human trafficking by intervening where criminal enterprise and legal business meet.
It contains detailed recommendations for social media, the financial services industry, hotels, the transportation industry, health care, and housing and homelessness systems.
Download the full report at https://polarisproject.org/on-ramps-intersections-and-exit-routes/.
It is, finally, important toempower local authorities and supervisory bodies to identify and report possible cases of THB or exploitation. International trade condi- tions and labour inspection obviously play a big role and while focusing predominantly on other parts of the world, some resources of the International Labour Organization (ILO) are of great value in this respect.114 But there are others as well: food safety inspection (for the catering industry), housing authorities and residence registration, business A good grasp of the licensing, environmental business model of inspection, fire safety inspection, etc. All could, in their day-to- trafficking helps identify day jobs, keep an eye out for ways to tackle the exploitation and report it to other competent authorities, in problem of exploitation addition to throwing up barriers and trafficking to criminal enterprises by way of administrative sanctions. This is also called the administrative approach to organised crime.115
None of these measures pertain to child exploitation or trafficking exclusively, but do contribute to the fight against it. For instance, both the CONFINE and Safe Car Wash initiatives helped municipal authorities and buyers identify and call an end to child exploitation and traffick- ing (see separate boxes).
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The EU-Funded CONFINE project, The Safe Car Wash App was developed a cooperation between local actors in 2018 by The Clewer Initiative, an in Belgium and the Netherlands, has organisation of the Church of England produced a manual on the application whose mission it is to combat modern of the administrative approach to THB: slavery. The smartphone application, Towards Operational Cooperation on Local available for both Android and iPhone, Administrative Financial Investigations in is part of a community intelligence-led the Fight Against Human Trafficking (2019). approach to mapping human trafficking and It outlines the general framework of the labour exploitation in car washes across method and provides a list of indicators and the UK. The app asks drivers who visit a potential administrative (and penal) actions. hand car wash a series of questions related It also gives ample examples from practice to indicators of labour exploitation. The and details a number of case studies. These collected data is anonymised and shared clearly show that the approach, while only with relevant law enforcement agencies. piloted in a few cities, helped unearth cases An evaluation of the project by researchers of both labour exploitation and sexual from Nottingham University (Rights exploitation involving minors. Lab, 2019) showed that 8 % of reports logged minors working on site. While not Download the CONFINE report at necessarily illegal in the UK, this could be an https://www.genk.be/confine. indication of labour exploitation of minors.
For more information, see https://www.theclewerinitiative.org/ safecarwash.
EUCPN I Trafficking in human beings I 35 Factsheet
Key recommendations FOR THE PREVENTION OF CHILD TRAFFICKING
01 02
Always aim at a Invest in better cross- durable solution border, interagency based on an individual cooperation and assessment of the information exchange. best interests of the Everyone should child. This requires know what to do and listening to the child which information to and appointing a legal share with whom. Get guardian at once. to know others in the field and how you may better cooperate.
36 03 04 05
Invest in regular, Always approach An integrated targeted training refugee children approach to child sessions for frontline and child-trafficking trafficking should also professionals, including victims in a in a child- take into account law enforcement. friendly fashion. The the offender (the Even so, individual Barnahus method of traffickers) and caseworkers should offering all services, demand side (the be able to rely on including interviews, buyers of services standard operating to the child in one and goods produced procedures to inform child-friendly place, is through trafficking). their decisions. recommended.
EUCPN I Trafficking in human beings I 37 ENDNOTES
1 European Parliament and Council of the European Union, Directive 19 Jennifer Allsop and Nando Sigona, Mind the Gap: Why Are 2011/95/EU: Standards for the Qualification of Third-Country Unaccompanied Children Disappearing in Their Thousands?, Nationals or Stateless Persons, Brussels, 2011. opendemocracy.net, 22 Feb. 2016. 2 European Parliament and Council of the European Union, 20 Europol, Criminal Networks Involved in the Trafficking and Regulation 604/2013: Establishing the Criteria and Mechanisms Exploitation of Underage Victims, 20-1. for Determining the Member State Responsible for Examining an 21 Ines Eisel, Germay's Thousands of 'Missing' Refugee Minors, Application for International Protection, Brussels, 2013. dw.com, 28 Jan. 2019. 3 UN Committee on the Rights of the Child, CRC/GC/2005/6: 22 Maité Chini, Disappearances of Unaccompanied Minors on the General Comment No. 6: Treatment of Unaccompanied Minors Rise in Belgium, BrusselsTimes.com, 30 Apr. 2019. and Separated Children, 2005. 23 Over 1000 Refugee Children Vanish from Dutch Centres in Five 4 FRA, Guardianship Systems for Children Deprived of Parental Care Years, DutchNews.nl, 1 Apr. 2019. in the European Union: With a Particular Focus on Their Role in Responding to Child Trafficking, Luxembourg: Publications Office 24 Ray W., Refugee Children Disappearing in Denmark, CPHPost.dk, of the European Union, 2015, 21. 24 Feb. 2016. 5 The Europol report on child trafficking contains a whole chapter 25 Andreas Schloenhardt, Trafficking in Persons in an Era of Growing on intra-EU trafficking: Europol, Criminal Networks Involved in the Irregular Migration, SIAK International Edition 7 (2017), 5. See also Trafficking and Exploitation of Underage Victims in the European International Centre for Migration Policy Development, Trafficking Union, The Hague: Europol, 2018, 28-36. Along Migration Routes to Europe: Bridging the Gap between Migration, Asylum and Anti-Trafficking, Vienna: ICMPD, 2018, 6 EASO, 2019 EU Asylum Trends, Valetta: EASO, 2020. 61-3; Benjamin S. Buckland, Human Trafficking and Smuggling: 7 Frontex, Risk Analysis for 2016, Warsaw: Frontex, 2016; Frontex, Crossover and Overlap, in: Cornelius Friesendorf (Ed.), Strategies Risk Analysis for 2017, Warsaw: Frontex, 2017; Frontex, Risk against Human Trafficking: The Role of the Security Sector, Vienna: Analysis for 2018, Warsaw: Frontex, 2018; Frontex, Risk Analysis National Defence Academy and Austrian Ministry of Defence and for 2019, Warsaw: Frontex, 2019. Sports, 2009, 137-66. 8 Directorate-General for Migration and Home Affairs, Study on 26 OSCE Office of the Special Representative and Co-ordinator High-Risk Groups for Trafficking in Human Beings, Final report, for Combating Trafficking in Human Beings, From Reception to Luxembourg: Publications Office of the European Union, 2015, Recognition: Identifying and Protecting Human Trafficking Victims 70-3. in Mixed Migration Flows, Vienna: OSCE, 2017, 15. 9 Europol, Criminal Networks Involved in the Trafficking and 27 Europol, Facilitation of Illegal Immigration, europol.europa.eu, n.d. Exploitation of Underage Victims, 37. 28 OSCE Office of the Special Representative and Co-ordinator 10 European Commission, COM(2010) 213 final: Action Plan on for Combating Trafficking in Human Beings, From Reception to Unaccompanied Minors (2010-2014), Brussels, 2010. Recognition, 16. 11 Council of the European Union, The Stockholm Programme: 29 Europol, Criminal Networks Involved in the Trafficking and An Open and Secure Europe Serving and Protecting Citizens, Exploitation of Underage Victims, 20-1; Europol, The European Brussels, 4 May 2010, 31-2. Union (EU) Serious and Organised Crime Threat Assessment 12 FRA, Migration to the EU: Five Persistent Challenges, Vienna: FRA, (Socta) 2017, The Hague: Europol, 2017, 15. 2018, 14. 30 Directorate-General for Migration and Home Affairs, Data 13 FRA, Beyond the Peak: Challenges Remain, but Migration Collection on Trafficking in Human Beings in the EU, Luxembourg: Numbers Drop, Annual review 2018, Luxembourg: Publications Publications Office of the European Union, 2018, 91-2. Office of the European Union, 2019, 4; see also: FRA, 31 European Commission, COM(2018) 777 final: Second Report Migration: Key Fundamental Rights Concerns, Quarterly bulletin, on the Progress Made in the Fight against Trafficking in Human Luxembourg: Publications Office of the European Union, 2019. Beings, Brussels, 2018. For more information on exploitative 14 Missing Children Europe, Figures and Trends 2015 from Hotlines sham marriages, which also affects minors, see Minna Viuhko for Missing Children and Cross-Border Family Mediators, Brussels: et al., Exploitative Sham Marriages: Exploring the Links between Missing Children Europe, 2016. Human Trafficking and Sham Marriages in Estonia, Ireland, Latvia, Lithuania and Slovakia, Helsinki: HEUNI, 2016. 15 Missing Children Europe, Figures and Trends 2018 from Hotlines for Missing Children and Cross-Border Family Mediators, Brussels: 32 Kamelia Dimitrova, Slavyanka Ivanova, and Yva Alexandrova, Missing Children Europe, 2019. Child Trafficking among Vulnerable Roma Communities: Results of Country Studies in Austria, Bulgaria, Greece, Italy, Hungary, 16 Mark Townsend, 10.000 Refugee Children Are Missing, Says Romania and Slovakia, Sofia: Center for the Study of Democracy, Europol, theguardian.com, 30 Jan. 2016. 2015. 17 European Migration Network, Approaches to Unaccompanied 33 ECPAT International, The Commercial Sexual Exploitation of Minors Following Status Determination in the EU Plus Norway, Children in Europe: Developments, Progress and Recommended Synthesis report, Brussels: European Commission, 2018, 9. Strategies for Civil Society, Bangkok: ECPAT International, 2014, 18 Marion MacGregor, Europe's Lost Children, InfoMigrants.net, 5 6; Directorate-General for Migration and Home Affairs, Study on Sept. 2016. High-Risk Groups for Trafficking in Human Beings, 12; European
38 Commission, COM(2012) 286 final: The EU Strategy Towards the 61 Council of the European Union, Regulation (EC) 2201/2003: Eradication of Trafficking in Human Beings 2012-2016, Brussels, Jurisdiction and the Recognition and Enforcement of Judgments 2012, 14. in Matrimonial Matters and the Matters of Parental Responsibility, 34 Cf.ECPAT UK and Missing Children, Heading Back to Harm: A Brussels, 2003; Hague Conference on Private International Study on Trafficked and Unaccompanied Children Going Missing Law, Conference on Jurisdiction, Applicable Law, Recognition, from Care in the UK, London: ECPAT UK and Missing Children, Enforcement and Co-Operation in Respect of Parental 2016, 63-5. Responsibility and Measures for the Protection of Children, The Hague, 1996. 35 62 EIGE, Gender-Specific Measures in Anti-Trafficking Actions. 36 United Nations, UN TIP: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, New York, 63 Ibid., 13. 2000. 64 Ibid., 14-5. 37 United Nations, UNCRC: Convention on the Rights of the Child, 65 Missing Children Europe, Best Practices and Key Challenges on New York, 1989. Interagency Cooperation to Safeguard Unaccompanied Children 38 United Nations, UN OPSC: Optional Protocol to the Convention on from Going Missing, SUMMIT report, Brussels: Missing Children the Rights of the Child on the Sale of Children, Child Prostitution Europe, 2016. and Child Pornography, New York, 2000. 66 Missing Children Europe and ECPAT UK, Interact: Towards a More 39 Council of Europe, CoE Treaty no. 197: Convention on Action Efficient Cooperation across Borders for the Protection of Children against Trafficking in Human Beings, Warsaw, 2005. in Migration from Trafficking and Exploitation, Brussels: Missing Children Europe, 2019, 32-3. 40 Council of Europe, Explanatory Report to the Council of Europe Convention on Action against Trafficking in Human Beings, 67 Ibid. Warsaw: CoE, 2005. 68 Missing Children Europe and ECPAT UK, Practical Guidance on 41 Those reports can be found on GRETA’s homepage: https://www. Preventing and Responding to Trafficking and Disappearances of coe.int/en/web/anti-human-trafficking/country-reports. Children in Migration, Brussels: Missing Children Europe, 2019. 42 Council of Europe, CoE Treaty no. 201: Convention on the 69 OSCE Office of the Special Representative and Co-ordinator Protection of Children against Sexual Exploitation and Sexual for Combating Trafficking in Human Beings, From Reception to Abuse, Lanzarote, 2007. Recognition. 43 European Union, Charter of Fundamental Rights, Brussels, 2012. 70 OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Uniform Guidelines for the 44 European Union, Treaty on the Functioning of the European Union, Identification and Referral of Victims of Human Trafficking within Brussels, 2012. the Migrant and Refugee Reception Framework in the OSCE 45 European Parliament and Council of the European Union, Directive Region, Vienna: OSCE, 2019. 2011/36/EU: Preventing and Combating Trafficking in Human 71 OSCE Office of the Special Representative and Co-ordinator for Beings and Protecting Its Victims, Brussels, 2011. Combating Trafficking in Human Beings, Child Trafficking and Child 46 COM(2012) 286 final. Protection: Ensuring That Child Protection Mechanisms Protect the 47 European Commission, COM(2017) 728 final: Reporting on the Rights and Meet the Needs of Child Victims of Human Trafficking, Follow-up to the EU Strategy Towards the Eradication of Trafficking occasional paper no. 9, Vienna: OSCE, 2018. in Human Beings and Identifying Further Concrete Actions, 72 Ibid., 32-3. Brussels, 2017. 73 Ibid., 44-5. 48 Ibid. 74 UNCRC, art. 3.1. 49 EIGE, Gender-Specific Measures in Anti-Trafficking Actions, 75 UN OPSC, art. 8. Luxembourg: Publications Office of the European Union, 2018. 76 CoE Treaty no. 197, art. 10.4, 4.2, 6.7, and 28.3. 50 FRA and European Commission, Children Deprived of Parental Care Found in an EU Member State Other Than Their Own: 77 E.g. European Commission, COM(2017) 211 final: The Protection A Guide to Enhance Child Protection Focusing on Victims of of Children in Migration, Brussels, 2017. Trafficking, Handbook, Luxembourg: Publications Office of the 78 Directive 2011/36/EU, art. 13.1 & 6.2. European Union, 2019. 79 Missing Children Europe and ECPAT UK, Practical Guidance, 44-6. 51 Directive 2011/36/EU. 80 OSCE Office of the Special Representative and Co-ordinator for 52 Europol, Trafficking in Human Beings, www.europol.europa.eu, Combating Trafficking in Human Beings, Child Trafficking and Child n.d. Protection, 40. 53 Europol, Criminal Networks Involved in the Trafficking and 81 Ibid., 31. Exploitation of Underage Victims. 82 Ibid., 36. 54 COM(2010) 213 final. 83 Ibid., 39. 55 European Parliament and Council of the European Union, Directive 84 Ibid., 48. 2002/21/EC: Common Regulatory Framework for Electronic Communications Networks and Services, Brussels, 2002. 85 Missing Children Europe and ECPAT UK, Practical Guidance, 76. 56 European Commission, 2007/116/EC: Reserving the National 86 COM(2012) 286 final. Numbering Range Beginning with '116' for Harmonised Numbers 87 European Parliament and Council of the European Union, for Harmonised Services of Social Value, Brussels, 2007. REGULATION (EU) 2016/679: The Protection of Natural Persons 57 European Commission, 2007/698/EC: Amending Decision with Regard to the Processing of Personal Data and on the Free 2007/116/Ec as Regards the Introduction of Additional Reserved Movement of Such Data (GDPR), Brussels, 2016, art. 6. Numbers Beginning with ‘116’, Brussels, 2007. 88 Missing Children Europe and ECPAT UK, Practical Guidance, 81-7. 58 Missing Children Europe, 116000: The European Telephone 89 FRA and European Commission, Children Deprived of Parental Number for Missing Children: Best Practices and Care Found in an EU Member State Other Than Their Own, 95-8. Recommendations, Brussels: Missing Children Europe, 2010, 12 90 OSCE Office of the Special Representative and Co-ordinator and 24. for Combating Trafficking in Human Beings, From Reception to 59 FRA and European Commission, Children Deprived of Parental Recognition, 36. Care Found in an EU Member State Other Than Their Own. 91 Ibid., 40. 60 Ibid., 16-8. 92 ECPAT UK and Missing Children, Heading Back to Harm, 63.
EUCPN I Trafficking in human beings I 39 93 OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Child Trafficking and Child Protection, 42; Missing Children Europe and ECPAT UK, Practical Guidance, 89. 94 Council of the European Union, Council Conclusions on the Fight against against Crimes Committed by Mobile (Itinerant) Criminal Groups, Brussels, 2010. 95 Missing Children Europe and ECPAT UK, Interact: Towards a More Efficient Cooperation across Borders, 5. 96 Missing Children Europe, Best Practices and Key Challenges on Interagency Cooperation, 105-6; Carolina Villacampa and Núria Torres, Human Trafficking for Criminal Exploitation: Effects Suffered by Victims in Their Passage through the Criminal Justice System, Internation Review of Victimology 25:1 (2018), 3-16. 97 OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, From Reception to Recognition, 34. 98 Missing Children Europe and ECPAT UK, Interact: Towards a More Efficient Cooperation across Borders, 40. 99 Ibid., 42. 100 International Centre for Migration Policy Development, Trafficking Along Migration Routes to Europe, 88-9. 101 OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, From Reception to Recognition, 35. 102 OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Uniform Guidelines, 24-5. 103 OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Child Trafficking and Child Protection, 32. 104 Susanna Johansson and Kari Stefansen, Policy-Making for the Diffusion of Social Innovations: The Case of the Barnahus Model in the Nordic Region and the Broader European Context, Innovation: The European Journal of Social Science Research 33:1 (2020), 5. 105 OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Child Trafficking and Child Protection, 33. 106 Missing Children Europe and ECPAT UK, Practical Guidance, 45-53. 107 Jan J.M. van Dijk and Jaap de Waard, A Two-Dimensional Typology of Crime Prevention Projects; with a Bibliography, Criminal Justice Abstracts (1991), 483-503. 108 Europol, The European Union (EU) Serious and Organised Crime Threat Assessment (Socta) 2017, 53. 109 Anniina Jokinen and Natalia Ollus, Shady Business: Uncovering the Business Model of Labour Exploitation, Helsinki: HEUNI, 2019. 110 Anni Lietonen and Natalia Ollus, Guidelines for Businesses and Employers for Risk Management in Subcontracting Chains: Preventing Labour Exploitation and Human Trafficking in Finland, Helsinki: HEUNI, 2019. 111 For more information, see http://www.thecode.org/. 112 Europol, The European Union (EU) Serious and Organised Crime Threat Assessment (Socta) 2017, 53. 113 Polaris, On-Ramps, Intersections, and Exit Routes: A Roadmap for Systems and Industries to Prevent and Disrupt Human Trafficking, Washington D.C.: Polaris, 2018, 34-6. 114 ILO et al., Ending Child Labour, Forced Labour and Human Trafficking in Global Supply Chains, 2019. 115 For more information, see https://eucpn.org/enaa and European Network on the Administrative Approach, Third EU Handbook on the Administrative Approach in the European Union, Brussels: ENAA, forthcoming.
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