2016 Trafficking in Persons Report

did not provide adequate resources for victims with children. and transiting Denmark increases the size of the population DENMARK Identified child victims received care outside of the MOI’s vulnerable to human trafficking. program through publicly funded NGOs that provided shelter, food, clothing, and medical and psychological counseling. The Government of Denmark fully meets the minimum Police also employed child psychologists to assist in cases standards for the elimination of trafficking. In May 2015, involving children. The Ministry of Labor and Social Affairs the government approved its 2015-2018 national action plan provided 6,072,000 koruna ($250,880) in 2015 to NGOs against human trafficking, which expanded the funding and providing care for trafficking victims, a 14 percent increase scope of the government’s efforts to combat trafficking, focusing from 2014. on prevention, outreach, victim support, and partnerships with NGOs. The government identified an increased number Foreign victims who cooperated with investigators could receive of victims of trafficking and trafficking-related crimes and temporary residence and work visas for the duration of the continued to fund victim service providers. The government relevant legal proceedings; however, no foreign victims received used its human trafficking law to convict three individuals of temporary residency or other relief from deportation during crimes related to labor trafficking. However, the government’s the reporting period. Upon conclusion of court proceedings, default approach to trafficking cases involving victims without victims could apply for permanent residency; no victims received EU residency was to repatriate victims to their countries of permanent residency in 2015, compared with one in 2014. origin. The effective lack of alternatives to removal impeded the Victims were eligible to seek court-ordered compensation ability of law enforcement to pursue traffickers and left victims from their traffickers, although such restitution was rare, as vulnerable. In the last four years, only four victims have been victims often feared retribution from their traffickers during granted asylum, despite the government officially identifying criminal cases and could not afford attorney fees for a civil almost 300 victims. The temporary residence permit that exists suit. In one 2015 case, a court ordered a convicted trafficker to for trafficking victims, authorized through a 2013 amendment pay 360,000 koruna ($14,870) to a victim. The government to the Aliens Act, gave authorities the ability to stay deportation does not maintain a compensation fund for victims subjected in order for victims to assist in an investigation; this legal tool to trafficking within the country. There were no reports the has never been used for trafficking victims. government penalized identified victims for unlawful acts committed as a direct result of being subjected to trafficking. DENMARK TIER RANKING BY YEAR PREVENTION 1 The government maintained modest prevention efforts. 2 The interior minister chaired an inter-ministerial body that 2WL coordinated national efforts and worked to implement the 3 2012-2015 national action plan; the draft 2016-2019 strategy 2009 2010 2 011 2012 2013 2014 2015 2016 remained pending approval at the close of the reporting period. A unit in the MOI served as the national rapporteur and prepared a comprehensive annual report on patterns and RECOMMENDATIONS FOR DENMARK: programs, which it released publicly. The government continued Pursue a more victim-centered approach to trafficking by to fund an NGO-run hotline to identify victims of trafficking increasing incentives for victims to cooperate in the prosecution and domestic violence, which received over 700 calls in 2015. of traffickers, including by permitting temporary residency for The hotline offered translation for foreign victims, but was victims while they assist law enforcement; more vigorously only operational during business hours. Czech law did not prosecute trafficking offenses and convict sex and labor criminalize confiscation of workers’ passports. The government traffickers; sentence traffickers in accordance with the gravity of did not make efforts to reduce the demand for commercial sex the offense; avoid penalizing victims for crimes committed as a acts or forced labor. The government provided anti-trafficking direct result of being subjected to trafficking, including through training for its diplomatic personnel. assessing whether new guidelines concerning withdrawal of charges against victims of trafficking prevent their penalization and detention; expand law enforcement efforts to proactively identify and expeditiously transfer potential trafficking victims, DENMARK: Tier 1 especially those without legal status, from police or immigration custody to crisis centers or care providers to facilitate trust and Denmark is primarily a destination and transit country for increase identification among this vulnerable group. men, women, and children subjected to forced labor and sex trafficking from Eastern Europe, Africa, Southeast Asia, and Latin America. Migrants are subjected to labor trafficking PROSECUTION in agriculture, domestic service, restaurants, hotels, and The government made progress in law enforcement efforts, factories through debt bondage, withheld wages, abuse, and although inadequate efforts to incentivize victims to assist in threats of deportation. Unaccompanied migrant children are investigations and prosecutions impeded these efforts. Denmark vulnerable to sex trafficking and forced labor, including theft prohibits all forms of trafficking through section 262(a) of and other forced criminality. Since 2009, 25 children have been its criminal code, which prescribes punishments of up to 10 identified as victims of trafficking in Denmark, nine forced into years’ imprisonment; these penalties are sufficiently stringent pickpocketing, three into cleaning restaurants, five into forced and commensurate with penalties prescribed for other serious criminal activity, and eight into selling sex. Copenhagen’s crimes, such as rape. relatively small red-light district represents only a portion of the country’s larger commercial sex trade, which includes sex The national police investigated three cases of trafficking trafficking in brothels, bars, strip clubs, and private apartments. in 2015, a decrease from 12 in 2014. However, in 2015, the The rise in migrants, asylum seekers, and refugees entering government initiated prosecutions of 58 trafficking suspects, an 153 increase from 15 in 2014. First-level courts had 12 trafficking labor, 49 victims of sex trafficking, and 43 victims forced to case convictions in 2015, compared to nine cases in 2014. commit crimes (such as theft and the production and sale of Sentences ranged from 24 months’ to 36 months’ imprisonment illicit substances) or exploited in trafficking-related crimes for the convicted traffickers. In addition, in a forced labor case (such as holding migrants against their will for the purpose begun in 2014, where 12 migrants were forced to live in a of stealing social benefits); six victims were children (one garage and work up to 20 hours a day, charges were changed victim of sex trafficking and five victims of forced criminal on appeal from labor trafficking to usury and fraud, and two activity). Authorities did not identify any Danish victims men were sentenced to 24 and 36 months’ imprisonment. of trafficking in 2015, though authorities reported having Experts reported that few trafficking cases were brought to done so in the past and acknowledged other cases may have trial in Denmark because of the lack of incentives for victims gone undetected. When police suspected they had a victim DJIBOUTI to participate in the investigation of their traffickers. Although in custody, they called government anti-trafficking experts to a 2013 amendment to the Aliens Act allowed authorities to join the police questioning and explain the victim’s rights. A request trafficking victims without legal status in Denmark be trafficking subject matter expert has been appointed in each provided with temporary residency to assist law enforcement police district. NGOs noted the onus of victim identification and testify in a trial, authorities did not use this provision in remained on trafficking victims rather than officials’ proactive 2013, 2014, or 2015. There remain difficulties in securing the identification. The government funded NGOs to provide participation of victims in the prosecution of their traffickers; victim care services, including medical, psychological, and a government report issued during the year acknowledged legal assistance. Funding increased from approximately $1.9 authorities did not systematically offer advice and support to million during the previous 2011-2014 National Action Plan foreign citizens in prostitution or others potentially vulnerable to approximately 18 million Danish Krones ($2.8 million) to trafficking. Police received instruction on trafficking at the set aside in the 2015-2018 National Action Plan that NGOs police academy and again after their first year on the job. The and other civil society organizations can apply for to perform government did not report any investigations, prosecutions, or tasks covered under the scope of the national action plan. convictions of government employees complicit in trafficking Victims could apply for compensation through a state fund offenses. and through a civil suit

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