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Trafficking in Human Beings in Hungary

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Trafficking in Human Beings in Hungary Ministry of Interior Department of European Cooperation Trafficking in human beings in Hungary Human trafficking trends of Hungary Hungary is one of the major source countries within the European Union. It is primarily a country of origin and transit for women and girls trafficked for sexual exploitation, and a source country for men and women trafficked for labour exploitation. Arising from its geographical situation Hungary is a transit country of illegal migration, it lays in the crossroad of east-western and south-eastern migration. Primary destination countries for sexual exploitation are the Netherlands, Switzerland, Belgium, Austria, and Germany but among traffickers United Kingdom is becoming also a significant destination. The principle countries of origin for victims of trafficking through Hungary are Romania and Bulgaria. In the light of experience over recent years and on the feedback from international cooperation Hungarian persons becoming victims abroad are primarily deriving from Borsod-Abaúj-Zemplén County, (North-Eastern part of Hungary) Szabolcs- Szatmár-Bereg County (North-Eastern part of Hungary) and Baranya County (South-Western part of Hungary) but Tolna County (South- Western part of Hungary) and Békés County (South-Eastern part of Hungary) are also significant source regions. Characteristics of victims and perpetrators Victimization in Hungary has several root causes like poverty, high unemployment, and inequality in the labour market. In the counties on the map indicated by red - especially the North-Eastern region of Hungary - unemployment rate is quite huge which one of the reasons for victimization is. High-risk groups for trafficking includes undereducated young adults resided in poor conditions or had lived in state-provided welfare homes or juvenile correctional facilities. Most of the victims are single younger women (20-25 years old) sometimes they are pregnant _____________________________________________________________________________ Address: 1051 Budapest, József A. u. 2-4. Postal address: 1903 Budapest, Pf. 314. Tel: 441-1466 Fax: 441-1885, www.kormany.hu; E-mail: [email protected] Ministry of Interior Department of European Cooperation or already have a baby. They have very few employment or higher education options, and often have very weak or non-existent family support networks. In most cases the families sell their children to the perpetrators. Regarding the suspected traffickers it can be established that they have low educational background, they are repeat offenders or already have criminal records, or tend to live solely from criminal activities. They are usually 25 – 30 years old and the older family members traditionally transmit their “occupation as pimps” to the sons. Traffickers usually recruit victims from their family or living environment, home community, they know the victims personal and financial background whether he/she is in vulnerable position or can be influenced. Traffickers take advantage on bad financial status of potential victims and incite them on prostitution. After a certain time traffickers sell “employed” women to other traffickers. In the recruitment phase Hungarian perpetrators use violence rarely they would rather emotionally influence the victims through promises or “love” relationship. Prostitutes working with the trafficker for long time also help to influence and convince potential victims. In most cases the victim is aware of the fact that he/she will be working as a prostitute, they apply for this kind of “job”. Besides of recruiting from family/relatives/home community traffickers recruit through newspapers or websites too where they offer jobs for waitresses, dancers in erotic brothels and the job details are not described. Traffickers typically use force and threat if the victim does not earn enough money or decides to quit prostitution. In this case the trafficker threatens the family of the victim too although based on the experience of the National Bureau of Investigation of Hungary traffickers have not injured the victims’ family in reality. Emotional link between the trafficker and the victim is in most cases enough for keeping victims in human trafficking situation. The traffickers try to maintain good relationship with the victim they use threat or violence rarely and the emotional link is a typical persuasion method. They regularly meet the family and relatives of the victim and support them with money, gifts, this way they can influence them too and make themselves seem to be favourable. Victims emotionally linked to the traffickers usually do not see themselves as victim, do not wish to cooperate with the authorities and usually do not give appropriate statement against the trafficker. Based on the experience of the National Bureau of Investigation traffickers try to prevent victims turning to the authorities. Traffickers usually create the impression amongst the victims that it is unnecessary to ask for help from the authorities. They make victims believe that authorities are corrupt and traffickers have good contacts with the police therefore even if they are reported they will get out without loss. _____________________________________________________________________________ Address: 1051 Budapest, József A. u. 2-4. Postal address: 1903 Budapest, Pf. 314. Tel: 441-1466 Fax: 441-1885, www.kormany.hu; E-mail: [email protected] Ministry of Interior Department of European Cooperation In general in those cases where the trafficker uses force or violence, victims tend to report crime and testify. At the same time where trafficker uses no force or violence but psychological intimidation, then victims are more likely do not or not fully cooperate with authorities because they derive from the same home community with the trafficker and they are afraid of the trafficker’s assault. Consequently they report crime abroad but in Hungary do not confirm it or report the case otherwise. The victim reports the crime only if infringements occur, e.g.: - the income is not shared equally or as it was discussed in advance; - the aggrieved party is physically injured; or - because of jealousy. Perpetrators usually have link to each other through family or they derive from the same community but rarely commit crime in big organized groups. They try to avoid raising awareness and primarily chose those countries as destination where prostitution is legal. Legal background of trafficking in human beings and related offences Trafficking in human beings is considered as a human rights violation in Hungary. The Fundamental Law of Hungary is the basic statute of the State, the highest level legal norm in Hungary. It was adopted on 18 April 2011, promulgated on 25 April 2011 and entered into force on 1 January 2012. The Fundamental Law and legal regulations shall be binding on everyone. Article III (1) on Freedom and Responsibility, which specifies the fundamental rights and obligations, rules the following: “No person shall be subjected to torture, any inhuman or degrading treatment or punishment, or be enslaved. Human trafficking shall be prohibited.” The most important national acts relating to trafficking in human beings and related offences: - Act C of 2012 on the Criminal Code, - Act XIX of 1998 on Criminal Proceedings, - Act CXXXV of 2005 on Crime Victim Support and State Compensation, - Government Decree No. 354/2012. (XII.13) on the identification order of victims of trafficking in human beings, - Order No. 13/2014. (V. 16.) of the National Police Headquarters on the police duties concerning the treatment of offences related to prostitution and human trafficking Ratified international conventions: The compliance with international and European Union legal obligations, and their implementation justifies trafficking in human beings to be punishable. According to the international and European Union law, it is unacceptable that a human being becomes the object of trading, or becomes a tool or object at all. _____________________________________________________________________________ Address: 1051 Budapest, József A. u. 2-4. Postal address: 1903 Budapest, Pf. 314. Tel: 441-1466 Fax: 441-1885, www.kormany.hu; E-mail: [email protected] Ministry of Interior Department of European Cooperation Hungary is Party to: - Slavery Convention signed at Geneva on 25 September 1926 ( ratified by the Act III of 1933), - Protocol amending the Slavery Convention signed at New York on 7 December 1953, and the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery signed at Geneva on 7 September 1956 (ratified by the Decree-Law XVIII of 1958), - Act CII of 2006 on the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against Transnational Organized Crime, - Act XVIII of 2013 on the Convention of the Council of Europe against Trafficking in Human Beings - Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA Transcription of Area National act Entry into force international legislation/ agreements Trafficking in Directive 2011/36/EU, human beings Act C of 2012 on the 1 July 2013 Directive 2011/93/EU and related Criminal Code Palermo Protocol, offences Government Regulation 354/2012 Identification (XII. 13.) on the 1 January 2013 Directive 2011/36/EU and referral identification
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