Answers to the Group of Experts on Action Against Trafficking In
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Answers to the Group of Experts on Action against Trafficking in Human Beings (GRETA) Questionnaire on Implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by the Parties – Second Evaluation Round Annex 1 – Länder Annex A. Follow-up questions Q Question Länder responses 1. Please provide information on developments since GRETA’s first evaluation report on your country in the following areas: - the main Baden-Württemberg forms of The judiciary in Baden-Württemberg reported that victims are often lured into coming to Germany through the prospect of a trafficking in job. Payment of the German minimum wage is not an issue as the workers are happy to accept far less – somewhere human beings between €4 and €5 per hour. Wages of between one and two euros have also been found. In many cases, workers do not (THB) and even receive the low wage agreed. Delaying tactics are used to keep them waiting for their pay. When they eventually emerging trends demand to be paid, they are told they can go. They then receive at best the cost of their inbound journey and some money observed in your for cigarettes and food. In their desperation, some workers turn to the customs authorities or resort to stealing to keep their country (for heads above water or to finance their return journey home. It is not uncommon for their labour exploitation to be hidden example, any behind a smokescreen of pseudo self-employment. The workers are told that the business or trade registration paper is a new types or permit allowing them to work in Germany. Invoices are written by the employer because the employees are unable to do so sectors of themselves. The invoice amounts are determined at will. Some are paid and some are not. exploitation, recruitment The specialised counselling centres for victims of human trafficking for the purpose of sexual exploitation funded by the methods, Ministry for Social Affairs and Integration reported a significant increase in cases in 2016 compared with previous years. This countries of origin was especially the case regarding refugee victims of human trafficking and the number of people seeking advice from non- or destination of EU states. the victims); Bavaria Sexual exploitation continues to be the main focus of measures taken to combat human trafficking. A public prosecutor in Bavaria reported yet another form of human trafficking for the purpose of labour exploitation: when coming to live in Germany, Arab families bring domestic staff with them and force them to work in what are essentially illegal employment relationships. These employees usually remain within the homes of the families they work for and have no contact with the outside world 1 Berlin With regard to the various forms of human trafficking, the Land Berlin again observed continued focus on sexual exploitation, especially of minors. In such cases, initial contact with the victims largely occurred via the internet and social media. Most recently, an increase in prostitution of minors, including children (aged 12) in the Großer Tiergarten and Schöneberger Kneipenkiez districts. The mostly Romanian nationals stand out on account of their offensive attitude and attempts to initiate contact. IN VIA reports a significant increase in victims who have been lured into prostitution through the loverboy method. In recent years, human trafficking has also come to light in connection with the increase of refugees, however no valid data is available. With regard to counselling, cases are known where people became victims of exploitation or of human trafficking before, during and also after their migration and flight. The SOLWODI counselling centre has observed that non-Nigerian African women in particular are not recruited in their countries of origin, but become victims of human trafficking during their migration journey. Exploitation of women from Eastern Europe is an ongoing phenomenon. This also applies to African women, especially those from Nigeria. SOLWODI is aware of an increase in women from other West African countries (Ghana, Guinea and Cameroon). Many Nigerian women had previously spent time in Italy. Brandenburg Most recently, four child welfare services have established an initial suspicion that small groups of youths from Russia and Belarus, who at their own initiative seek admittance to sheltered accommodation run by the child welfare services (youth emergency services, clearing houses for unaccompanied minors), have been systematically forced to commit theft. The child welfare services have observed that these youths only remain in the shelters for a short time and then leave them in secret, unannounced. After they had been caught stealing (electronics, jewellery, etc.), the police repeatedly returned the youths to the shelters. Because these events have only been observed in recent times, the extent to which they involve organised crime remains unclear. Hamburg As described in the first GRETA report, the most frequent form of human trafficking in Hamburg involves sexual exploitation. Labour exploitation also occurs, but to a significantly lesser extent. None of the investigations conducted so far has revealed other forms of human trafficking and these have not played a role in Hamburg’s criminal police activities to date. No other trends have been observed since the end of the first evaluation round. Most of the victims who received support from KOOFRA in the period 2015 to October 2017 came from Bulgaria, Romania and Germany. One case in 2017 involved, for the first time, a large group of Ukrainian nationals among whom indications of human trafficking for the purpose of labour exploitation were observed. Numbers of Romanian nationals have slightly declined. Several cases of human trafficking for the purpose of sexual exploitation of refugee women were identified, with the offences being committed in Libya, the transit country. Rhineland-Palatinate 2 In its activities, the Rhineland-Palatinate Police Department has recently identified victims from Croatia and Bosnia. The Police Department in Trier has also identified Nigerian victims of human trafficking. The Montabaur Police Directorate, which reports to the Police Department in Koblenz, reports that an increase in cases of street prostitution was detected in the period 2014 to 2016. This involved exclusively Bulgarian women who according to available information were approached in their country of origin and brought to Germany. They all stated that they offer their “services” voluntarily. Saxony In Saxony, the few offences detected involved human trafficking for the purpose of sexual exploitation and forced prostitution. The forms and areas of exploitation remain unchanged. What is, however, new is that the women who human traffickers force to offer their services voluntarily are forced to hand over their money by means of violence. This affects solely groups of people from South-East Europe and especially members of the Roma community. Cases involving German victims of human trafficking/forced prostitution were last known in 2014. In investigations conducted by the public prosecution, the cases largely involved human trafficking in connection with prostitution. In most cases, the almost exclusively female victims stemmed from Eastern Europe and Asia. Schleswig Holstein In Schleswig-Holstein a disproportionately high number of “model apartments” were detected. The constant switching of model apartments makes it especially difficult to locate victims and requires the criminal investigation authorities to make daily checks on the internet to detect the respective model apartments and, where appropriate, establish links between them and human trafficking activities. Thuringia The main forms of trafficking in persons correlate with the elements of an offence described in the Sections 232 (Trafficking in Persons for sexual exploitation) and 233 (Trafficking in Persons for work exploitation) of the German Criminal Code (StGB). The cases of trafficking in persons for sexual exploitation are limited to 5 cases yearly for the local jurisdiction. There is no knowledge regarding the undoubtedly existing number of unreported cases (darkfield). In the cases registered from 2013 onwards predominantly young women from southeast European Countries have been identified mainly from Slovakia, Romania, Bulgaria and Hungary. Women working in prostitution in Germany predominantly change their place of work after a few months or weeks. The sex work is practiced in an apartment singly or jointly. As a consequence of the severe controls the brothels were rolled back with the result that prostitution takes place predominantly in apartments. New forms of trafficking in persons haven’t been registrated in the last years. Investigations conform to the new paragraph 232a StGB (Forced Prostitution) have not been so far conducted. - any changes Baden-Württemberg 3 in your country’s To determine the responsible authority as required under the Act Protecting Persons Working in Prostitution, the Act laws and Implementing the Act Protecting Persons Working in Prostitution entered into force at Land level on 1 November 2017. regulations relevant to action Hamburg against THB; Mecklenburg-West Pomerania In 2016, the Mecklenburg-West Pomerania State Ministry for Labour, Equality and Social Affairs (today: Ministry for Social Affairs, Integration and Equality) published its Third Action Plan to Combat Domestic and Sexualised Violence (Dritte Landesaktionsplan zur Bekämpfung von häuslicher und sexualisierter