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Transnational Study on the Characteristics of Policies in the Field of Trafficking in Human Beings for Labour Exploitation 2009-2011

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Transnational Study on the Characteristics of Policies in the Field of Trafficking in Human Beings for Labour Exploitation 2009-2011 TRANSNATIONAL STUDY ON THE CHARACTERISTICS OF POLICIES IN THE FIELD OF TRAFFICKING IN HUMAN BEINGS FOR LABOUR EXPLOITATION 2009-2011 2 Acknowledgements This study is the result of participation from law enforcement structures involved in the prevention and combating of the criminal phenomenon, from public authorities responsible for providing assistance, protection and social reintegration for the victims of trafficking in human beings, as well as from the civil society. We would like to thank all of them for their contribution to this material. Also, this undertaking had the benefit of our project partners’ experience, namely: European Public Law Organization – Greece; Ministry of Interior – Hungary; National Commission for Combating Trafficking in Human Beings – Bulgaria; KISA – Action for Equality, Support, Antiracism – Cyprus; Ministry of Interior of FYROM – Associate Partner. We would like to express our thanks to Mrs. Paola BORGHI1 for a constructive approach and for the elegant way in which she was able to overcome the challenges that occurred along the way. We would like to thank Mrs. Viktoria SEBHELYI2 for her determination, good organization skills and innovative attitude. We give our thanks to Mrs. Sanija BURAGEVA3 for the rigorousness and consistency of her materials that demonstrate her experience in the research field both from the perspective of a public institution representative and as a member of a Non-Governmental Organization. We would like to thank the representatives of the National Commission for Combating Trafficking in Human Beings from Bulgaria for the enthusiasm and the determination they showed in all circumstances. The frequently questioning attitude of our partners in Cyprus – KISA – Action for Equality, Support, Antiracism – revived, every time, the discussions within our meetings, compelling us to overcome our limits and raise the quality standards of our activities. We thank you for this. We would also like to thank our colleagues in the National Agency Against Trafficking in Persons (Romania) for their team spirit, for their tolerant and flexible attitude that proved once again that ANITP is a reliable partner, aware of the importance of cooperation activities at the transnational level in the fight against trafficking in human beings. 1 Reseacher representing the European Public Law Organization from Greece 2 Reseacher representing the Ministry of Interior from Hungary 3 Reseacher representing the Ministry of Interior from FYROM 3 4 CONTENTS INTRODUCTION 7 CHAPTER I ROMANIA – COUNTRY OF ORIGIN 11 CHAPTER II HUNGARY – TRANSIT COUNTRY 31 CHAPTER III GREECE – COUNTRY OF DESTINATION 45 CHAPTER IV FYROM – THIRD COUNTRY 65 CHAPTER V CYPRUS AND BULGARIA 79 CHAPTER VI CONCLUSIONS AND RECOMENDATIONS 89 CHAPTER VII ANNEXES A. LIST OF LEGAL INSTRUMENTS ON TRAFFICKING IN 96 HUMAN BEINGS AND LABOUR EXPLOITATION B. REGISTER WITH CONTACT DATA OF INSTITUTIONAL 100 AND NON-GUVERNAMENTAL PARTNERS COMPETENT IN THE IDENTIFICATION AND REFERRAL OF VICTIMS OF TRAFFICKING IN HUMAN BEINGS C. LIST WITH THE CRITERIA/INDICATORS FOR THE 108 IDENTIFICATION OF POSSIBLE VICTIMS OF TRAFFICKING IN HUMAN BEINGS FOR LABOUR EXPLOITATION CHAPTER VIII BIBLIOGRAPHY 109 5 6 INTRODUCTION Trafficking in human beings has dimensions and aspects that differ from one region to another and therefore it is necessary that the prevention and the combating of this phenomenon should be approached from many perspectives. Globalization of criminality continued to produce effects in the human trade. The tactical performance of criminal networks overcomes the traditional geographic and information borders. Traffickers in human beings mobilize huge financial resources to design very efficient transnational strategies to create, reconfigure and supply a profitable market where trading persons living under precarious socio-economic and emotional conditions becomes a purpose in itself. These preconditions of vulnerability make it predictable that criminals will approach the future victims, while the government and players from the civil society mobilize “to keep up” with the effective performance of criminal networks4. Why this study was necessary Statistics from Romania indicate an increasing trend in trafficking for labour exploitation of Romanian victims; in 2008, out of 1240 identified Romanian victims, 716 were trafficked for labour exploitation in EU states like Italy, Spain, Greece, Cyprus, while the statistics of the destination countries indicate mainly Romanian and Bulgarian sexual exploitation victims. The need to be addressed is the low capacity of victim identification , the low capacity of prosecution and the low number of convictions based on labour exploitation, because of probable gaps in institutional and legal framework and weaknesses in cooperation and coordination of efforts by police, prosecutors and labour inspectors in origin, transit and destination states. Another problem is the lack of understanding among the stakeholders of the distinction between trafficking for forced labour and human smuggling and illegal employment which prevent them from taking adequate assistance measures for the victims. Offers for well-paid jobs are the main method of recruiting victims. The phenomenon is enhanced by the low awareness of risk among the vulnerable groups and by the lack of knowledge of the relevant stakeholders in countries of origin, transit and destination. Statistics show that victims exploited for labour suffer one or several forms of abuse (different financial penalties or debt bondage, various forms of emotional abuse induced by traffickers, mostly through threats). Considering the complexity of the phenomenon, there is a need to assess the labour conditions, minimum wages, fiscal laws and/or migration laws. The project addresses the specific objective of the EU plan5 on best practices, standards and procedures for combating and preventing trafficking in human beings: “to prevent trafficking in countries of origin, transit and destination by raising awareness of the dangers involved and publicising crime prevention and criminal justice in the EU, including successful prosecutions, to deter traffickers.” 4 Annual report on the situation of trafficking in human beings in 2010 – ANITP – MAI, Romania. 5 http://eur-lex.europa.eu/. 7 8 METHODOLOGY For the elaboration of the national studies, the researchers applied the following methods: 1. Literature analysis (desk review6/research). The researchers reviewed the applicable regulations in the field, as well as of any other resources (studies, external evaluation etc.) to analyse and to identify the current situation. The method came to support the theoretical information within the study. 2. Interviews/questionnaires/work groups/Delphi method/any other instruments based on questionnaires or discussions according to the object of the study, respectively the identification of policy characteristics in the field of trafficking in human beings for labour exploitation according to current needs. The main instruments used were the questionnaire and the interviews, which were addressed to experts involved in the fight against trafficking in human beings for labour exploitation, from both the public and private sector in the field of combating and preventing trafficking in human beings, as well as in the area of assistance and protection of victims of trafficking in human beings. The study analysed the situation of trafficking in human beings exploited for labour between 2009 and 2011. The transnational study was developed to identify the needs in the field of trafficking in human beings for labour exploitation: the conclusions of this study will represent the basic elements of the prevention campaign that is to be implemented in all partner countries in order to raise awareness regarding the risks associated with forced labour. Each chapter contains the synthesis of national studies in the following order: origin country – Romania, transit country – Hungary, destination country – Greece and third country – FYROM. There are also short presentations made by our partners in the project: Bulgaria - National Commission for Combating Trafficking in Human Beings and Cyprus - KISA Action for Equality, Support and Antiracism which provided added value to the study. Additional information on the national studies and national reports of Bulgaria and Cyprus is available on the partners’ sites as follows: http://www.eplo.eu/, http://thb.kormany.hu/, http://www.kisa.org.cy/EN/index.html, http://www.nacionalnakomisija.gov.mk/, http://www.antitraffic.government.bg/en/. The conclusions and recommendations aimed, especially, those aspects regarding the improvement of transnational cooperation between project partners, taking into account the characteristics of each partner country and having the purpose of improving the process of identification and referral of victims of trafficking in human beings for labour exploitation. The last part of the study is represented by the annexes which will be useful tools for the stakeholders’ activity. Thus, Annex A represents a list of the most important normative tools regulating the activity of prevention and countering of trafficking in human beings for labour exploitation, and the activity of some related fields as well. Annex B consists of a short description of the main partners involved in the identification, referral mechanism that offer information, support and protection to actual and possible victims of trafficking in human beings7. 6 Additional
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