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Trafficking for Forced Criminal Activities and Begging in Europe Exploratory Study and Good Practice Examples

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Trafficking for Forced Criminal Activities and Begging in Europe Exploratory Study and Good Practice Examples September 2014 RACE in Europe Project Partners Trafficking for Forced Criminal Activities and Begging in Europe Exploratory Study and Good Practice Examples “With the financial support of the Prevention of and Fight against Crime Programme European Commission- Directorate-General Home Affairs” ISBN 978–0–900918–91–0 Acknowledgements and contributors This publication was made possible by the information and advice provided by the RACE in Europe project partners and a variety of individuals, agencies and organisations across Europe, who have shared their experience, and agreed to be interviewed or to take part in focus groups. Our thanks go to all RACE in Europe seminar participants who provided information through interviews, questionnaires and group discussions. Anti-Slavery would like to thank in particular Vicky Brotherton, Fiona Waters, Marie Jelinkova, Grainne O’Toole, Viginija Petruskaite, Chloe Setter, Klara Skrivankova, Bernie Gravett, Michal Krebs and Walter Hilhorst for researching, writing and contributing their expertise and information for this publication. RACE in Europe project partner profiles UK Anti-Slavery International: Anti-Slavery International is the oldest human rights organisation in the world. The NGO works at the local, regional and international level to eliminate all forms of slavery around the world. www.antislavery.org ECPAT UK: ECPAT’s activities involve research, campaigning and lobbying government to prevent child exploitation and protect children in tourism and child victims of trafficking. www.ecpat.org.uk Specialist Policing Consultancy: Specialist Policing Consultancy provides expertise in combatting organised crime at an international level. www.specialist-policing.co.uk Vietnamese Mental Health Association: Vietnamese Mental Health Services aims to preserve and protect the mental health of persons from Vietnam and their dependents; and to promote quality and culturally sensitive mental health services to people from Vietnam in the UK. http://www.vmhs.org.uk Ireland Migrant Rights Centre Ireland (MRCI): MRCI is a national organisation working to promote justice, empowerment and equality for migrants and their families. www.mrci.ie Czech Republic La Strada Czech Republic: La Strada Czech Republic is an NGO working to prevent human trafficking and commercial exploitation. www.strada.cz Multicultural Centre Prague: The Multicultural Centre Prague is an NGO working on issues relating to the coexistence of different cultures in the Czech Republic and abroad. www.mkc.cz 2 The Netherlands Dutch Police Academy: The Police Academy is the national institute for the recruitment, selection and training of police offers in the Netherlands. www.politieacademie.nl Contents PART I – Exploratory Study List of Acronyms 4 Executive Summary 5 Introduction 9 United Kingdom 14 Ireland 35 The Czech Republic 46 The Netherlands 55 Rest of Europe 63 Conclusions and Recommendations 78 Annex I: Methodology 80 Annex II: Cited Sources 81 PART II – Guidance for combatting trafficking for forced criminality and begging in Europe 86 Introduction: The Law and Identification of Trafficking 86 Victims’ Rights: Protection and Non-Punishment 104 Good Practice Templates 110 Where to get help and further advice inside back cover 3 List of acronyms United Kingdom UKHTC – United Kingdom Human Trafficking Centre NRM – National Referral Mechanism UKBA – United Kingdom Border Agency GLA – Gangmasters Licensing Authority NGO – Non-Governmental Authority CEOP – Child Exploitation and Online Protection FOI – Freedom of Information JIT – Joint Investigation Team MPS – Metropolitan Police Service RNP – Romanian National Police OCN – Organised Crime Network GRETA – Group of Experts on Action against Trafficking in Human Beings ERRC – European Roma Rights Centre CPS – Crown Prosecution Service ACPO – Association of Chief Police Officers YOI – Young Offenders Institutes NSPCC – National Society for the Prevention of Cruelty to Children ATMG – Anti-Trafficking Monitoring Group Ireland GNIB – Garda National Immigration Bureau ILO – International Labour Organisation DPP – Director of Public Prosecutions AHTU – Anti Human Trafficking Unit IRP – Immigration, Residency and Protection (Bill) EU - European Union HSE – Health Service Executive The Netherlands CoMensha – Coordination Centre for Human Trafficking PPS – Public Prosecution Service DT&V – Return and Departure Service The Czech Republic CR – Czech Republic OSPOD - The Department for the Social and Legal Protection of Children The Rest of Europe UNODC - United Nations Office on Drugs and Crime CBSS - Council of the Baltic Sea States ANITP - National Agency against Trafficking in Persons EGCC - Expert Group for Cooperation on Children at risk 4 Executive Summary ‘Trafficked Persons have been victims of one or more serious criminal offences. States have obligations to assist such persons, and not treat them as criminals.’ Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings (2013). Trafficking in human beings for the purpose of forced criminal exploitation is an increasingly significant phenomenon in the European Union. Adults and children are trafficked and forced to commit crimes such as cannabis cultivation, ATM theft and benefit fraud or forced to beg. In recognition of its increasing incidence and reports by frontline professionals, EU Directive (2011/36) (hereafter known as the EU Directive) includes a wider definition of trafficking to cover trafficking for forced criminal activities and forced begging. This inclusion highlighted the need for Member States to take action to address this form of trafficking. Despite the entry into force of the EU Directive there is a dearth of research and awareness about this type of exploitation with very few cases reported in official statistics and many victims misidentified as offenders. This report aims to go some way to address this and provide a baseline assessment of the issue, exploring the situation in the project partner countries (Ireland, the UK, the Czech Republic, and the Netherlands) and provide an overview of the rest of Europe. The findings show that the issue is more widespread than previously reported, with victims being exploited through a variety of criminal activities. United Kingdom In the UK there have been reports of children and adults being forced to undertake a variety of criminal activities. Out of the 2,255 potential victims of trafficking identified in the 2012 baseline assessment undertaken by the UK Human Trafficking Centre, 362 (16%) were victims of forced criminality. The two most common activities for which victims were exploited was forced labour in cannabis cultivation, petty crime and begging. Of the potential trafficking victims forced to cultivate cannabis identified between 2011 and 2012, 96% were from Vietnam, 81% of which were children. The research also raised significant concerns that these trafficking victims are being convicted for drug offences, in contravention of the non-punishment provisions enshrined in Article 8 of the EU Trafficking Directive. RACE Project media analysis uncovered 159 cases of Vietnamese individuals prosecuted for cannabis cultivation since 2011, despite significant trafficking indicators being present. The majority of persons trafficked to the UK for petty crimes, such as pickpocketing and the sale of counterfeit goods, as well as for forced begging are from Central and Eastern Europe. Most are of Roma origin, and a high proportion are children. A host of socio-economic factors, such as high levels of poverty and discrimination in their countries of origin make Roma groups particularly vulnerable to trafficking. As with those arrested for cannabis cultivation, there is a significant discrepancy between the number of children identified by the authorities as being trafficked for petty crimes and the number who have been charged for these offences, thus suggesting that victims are not being identified as such and are instead being treated as criminals. 5 RACE research has also identified cases of trafficking for other offences in the UK such as sham marriage, drug trafficking, illegal charity bag collections, benefit fraud and the sale of counterfeit goods. Ireland There is a dearth of official information regarding this issue in Ireland. National legislation has recently criminalised this type of exploitation through the Criminal Law (Human Trafficking) (Amendment) Act, 2013 and as such no cases have yet been recorded in official statistics. However, NGO and media reports identify cases of forced labour in cannabis cultivation involving Vietnamese and Chinese nationals. As in the UK there are well-founded concerns that those trafficked and forced to work in cannabis farms are not being recognised as victims. Data compiled by the news wire found that Asian immigrants, mainly Chinese and Vietnamese nationals who claimed exploitation or maltreatment make up 75 % of those going to prison for large scale cannabis cultivation in Ireland. In the first half of 2014 alone, the Migrant Rights Centre Ireland identified 23 cases of potential victims trafficked for forced labour in cannabis cultivation. This suggests that An Garda Siochana (Ireland’s National Police Force), appear to be unable to identify those who have been trafficked despite having a dedicated human trafficking unit. Protection measures for victims are not included
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