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Report Frafrom Koordineringsenheten the Coordinating Unit for Forvictims Ofre Forof Humanmenneskehandel Trafficking RapportReport frafrom Koordineringsenheten the Coordinating Unit for Victimsfor ofre forof Humanmenneskehandel Trafficking 2016 2016 Juli 2017 August 2017 B REPORT BY THE COORDINATING UNIT FOR VICTIMS OF HUMAN TRAFFICKING Table of contents Summary 3 5 The rights of identified presumed victims 44 5.1 What rights do presumed victims have? .................. 44 1 The Coordinating Unit for Victims of Human Trafficking (KOM) 5 5.2 Why do many reject offers of assistance? ............... 44 1.1 A measure to improve coordination ............................. 5 5.3 Legal residence ................................................................. 45 1.2 Collaborating parties ........................................................ 6 5.3.1 Limited residence permits for victims of human 1.3 Mandate up for review ......................................................7 trafficking ........................................................................... 45 1.4 KOM’s situation report .......................................................7 5.3.2 Asylum application decisions where applicants have been identified as presumed victims .............. 47 2 KOM’s activities in 2016 9 5.3.3 Asylum centre residents ................................................ 50 2.1 Network operation and expertise development ..... 9 5.4 Assisted return and re-establishment ...................... 50 2.1.1 Meetings under the auspices of KOM .......................... 9 2.1.2 External meetings and seminars ..................................10 6 Criminal justice responses to human trafficking 53 6.1 Goals and priorities for the police’s efforts ............... 53 2.2 Guidance, information measures and reporting ...... 11 6.2 The penal provisions relating to human trafficking .......................................................................... 53 3 Challenges in the human trafficking field 12 3.1 Overall need for better coordination ............................12 6.3 Strengthening the efforts of the police ..................... 55 3.2 Particular challenges reported in 2016 ......................13 6.4 Reported crimes .............................................................. 57 3.2.1 Coordinated systems to provide assistance to 6.5 Cases under investigation ............................................ 58 minor victims of human trafficking .............................13 6.6 Prosecuted cases ........................................................... 60 3.2.2 Detecting victims of forced labour and forced 6.7 Issues and measures .....................................................61 services ...............................................................................15 6.7.1 Priorities, resources and expertise ..............................61 3.2.3 Identification and follow-up in immigrant checks ...17 6.7.2 Intelligence ......................................................................... 62 3.2.4 Lacking ID documents ....................................................19 6.7.3 Prevention ......................................................................... 62 3.2.5 Exercising and accessing rights .................................19 6.7.4 Uncovering and identifying victims ........................... 63 3.2.6 Return ..................................................................................21 6.7.5 Victims’ willingness and ability to cooperate 3.3 Challenges in an international perspective .............. 23 with the police .................................................................. 64 6.7.6 Investigation ...................................................................... 65 4 The number of presumed victims 27 6.7.7 Cooperation with the prosecuting authority ............ 66 4.1 Who can identify? ............................................................ 27 6.8 Case law development .................................................. 66 4.2 Persons included in the victim calculation ............. 27 6.8.1 Human trafficking convictions ..................................... 66 4.3 Problems encountered in the 6.8.2 Evaluation of police efforts ............................................ 68 collection and collation of data.................................... 28 6.8.3 The international situation ............................................ 68 4.4 The number of presumed victims in 2016 ................. 29 4.5 How many have chosen to reject assistance? .......31 Attachment 1: Criminal cases in 2016 and the first half 4.6 Who are the presumed victims? ..................................31 of 2017 resulting in convictions ....................................71 4.6.1 An overview.........................................................................31 4.6.2 Nationalities ....................................................................... 32 Attachment 2: Overview of criminal cases resulting in 4.6.3 Forms of exploitation ...................................................... 33 convictions ........................................................................ 76 4.6.4 Presumed minors ............................................................ 35 4.6.5 Women over the age of 18 ............................................. 37 4.6.6 Men over the age of 18.................................................... 40 4.7 Developments 2007–2016 ............................................ 42 REPORT BY THE COORDINATING UNIT FOR VICTIMS OF HUMAN TRAFFICKING 1 2 REPORT BY THE COORDINATING UNIT FOR VICTIMS OF HUMAN TRAFFICKING Summary The Ministry of Justice and Public Security has tasked the n stronger ownership to and prioritisation of the Coordinating Unit for Victims of Human Trafficking (KOM) work to combat human trafficking in all agencies and with preparing an annual report on the human trafficking organisations situation in Norway. The situation report maps how many presumed victims are receiving assistance from the autho- n better understanding of human trafficking in Norway, so rities and various support schemes, provides an overview that the agencies can meet victims with greater expertise of criminal cases, highlights challenges and offers input on improvement measures. n development of more coordinated and comprehensive services for presumed victims Over the recent years, KOM’s situation reports have grown, in particular the part about challenges in the field. The 2016 n a review of the legal grounds for granting residence report puts special emphasis on the challenges in order to permits and rights of presumed victims of human provide a basis of knowledge for the work to follow up the trafficking, resulting in more comprehensive regulations improvement measures in the Government’s action plan and simplified procedures against human trafficking from December 2016. KOM’s assessment of the extent of trafficking as presented In its follow-up of the measures set out in the action plan, in this report must be seen in the context of what parties the Ministry of Justice has collaborated with the Agency report to KOM and the content of their reports. Although the for Public Management and eGovernment (Difi) to set assessment does not provide accurate figures, we still believe up a project. Difi offers a scheme to stimulate innovation that it provides important information about the nature and and service design in the public sector. In 2017, a project extent of human trafficking in Norway. to develop a comprehensive service for victims of human trafficking will be conducted under the auspices of the Key findings in 2016: scheme. KOM hopes the project will help improve follow-up of people presumed to be victims of human trafficking n A lower number of reported presumed victims received and improve coordination or result in the development of assistance from the authorities or other support scheme a national coordinating authority. Furthermore, we hope providers, from 301 in 2015 to 262 in 2016. This is a that the detailed review provided by this situation report as reduction of 13 per cent. regards challenges and recommended measures will provide a sound basis for the project work and the further follow-up n Of the 262 presumed victims, 98 had not previously of the improvement measures. been identified. (For 89 presumed victims, the year of identificiation is not specified.) On the overall level, KOM sees a need for improved coordi- nation of the work to combat human trafficking andmore n There was a marked decline in the number of reported efficiently organised assistance to possible victims. In order minor1 victims of human trafficking in 2016. Minors only to handle the current challenges, our key recommendations amount to 7 per cent of the total number of victims, down to the authorities is to ensure from 14 per cent in 2015. The minor victims are evenly distributed between the genders. 1 Persons under the age of 18. REPORT BY THE COORDINATING UNIT FOR VICTIMS OF HUMAN TRAFFICKING 3 n The majority of the reported victims are still women n On 1 October 2015, the new penal code came into force. over the age of 18, who make up 75 per cent of the total Human trafficking is now covered by the new Penal number of presumed victims. Almost 88 per cent of the Code sections 257 and 258.2 However, the provisions of women over the age of 18 are assumed to be exploited the old penal code still apply for cases where the crime for prostitution or subjected to other forms of sexual was committed prior to 1 October 2015. The sentencing exploitation. range for human trafficking in the new penal code has been expanded to a maximum of 6 years’ imprisonment,
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