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NRM Needs Assessment in Ukraine Andrea Sîlkner·· NEEDS ASSESSMENT OF THE NATIONAL REFERRAL MECHANISM FOR VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN UKRAINE Assessment Report Kyiv – 2008 This Report was prepared as part of the Needs Assessment for the National Referral Mechanism for Victims of Trafficking in Human Beings in Ukraine. This Report was endorsed by the Inter-Agency Council on the Issues of Family, Gender Equality, Demographic Development, and Combating Trafficking in Human Beings on 3 July 2008. The assessment was conducted by a team of independent consultants (one international and two national); it was ordered by the OSCE Project Co-ordinator in Ukraine upon the request from the Ministry of Ukraine for Family, Youth and Sports, with funding kindly provided by the Danish Ministry of Foreign Affairs under the Danish Programme Against Human Trafficking in South-Eastern and Eastern Europe. The views and opinions expressed in this Report are those of the authors and experts/officials interviewed and do not necessarily reflect the position of the OSCE, OSCE Institutions or the OSCE Project Co-ordinator in Ukraine, as well as the Danish Ministry of Foreign Affairs and the Ministry of Ukraine for Family, Youth and Sports. The author and the national consultants would like to express their gratitude to all respondents for taking the time to share their experiences and for commenting on the preliminary findings of the assessment. The author would also like to thank in particular Ms. Natalka Ostash and Mr. Hlib Yasnytsky for their valuable advice and support throughout the assessment, as well as Ms. Olga Pyshchulina for her contributions during the first phase of the assessment. Published by the OSCE Project Co-ordinator in Ukraine 16 Striletska St Kyiv 01034, UKRAINE www.osce.org/ukraine © OSCE 2008 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided any such reproduction is accompanied by an acknowledgement of the source. OSCE Project Co-ordinator in Ukraine would like to thank Oleksandr Bakanov for permission to use his drawing “Silenñe” on the cover of this publication. Design: Publishing House KIM Printed in Ukraine: Publishing House KIM Conducting this assessment and publication of the report were made possible due to the financial support of the Ministry of Foreign Affairs of Denmark within the framework of the Danish Programme to Combat Human Trafficking in South-Eastern and Eastern Europe. OSCE, OSCE institutions, OSCE Project Co-ordinator in Ukraine, as well as the Ministry of Foreign Affairs of Denmark are not responsible for the views and opinions expressed by experts and organizations in the framework of this assesment. Andrea Sîlkner·· NEEDS ASSESSMENT OF THE NATIONAL REFERRAL MECHANISM FOR VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN UKRAINE Assessment Report TABLE OF CONTENTS TABLE OF CONTENTS 7 LIST OF ABBREVIATIONS ...................................................................................... 10 EXECUTIVE SUMMARY ............................................................................................ 11 INTRODUCTION ....................................................................................................... 17 THE CONCEPTUAL AND OPERATIONAL STRUCTURE IN UKRAINE .................... 23 STATE PROGRAMME OF COMBATING TRAFFICKING IN HUMAN BEINGS ........................................................................................ 25 REGIONAL PROGRAMMES OF COMBATING TRAFFICKING IN HUMAN BEINGS ........................................................................................ 27 INSTITUTIONAL ANTI-TRAFFICKING FRAMEWORK AND KEY GOVERNMENTAL STAKEHOLDERS IN UKRAINE ........................................ 28 Inter-Agency Council on the Issues of Family, Gender Equality, Demographic Development, and Combating Trafficking in Human Beings ....... 28 Expert Working Group on the Issues of Prevention of Domestic Violence and Combating Trafficking in Human Beings .................................... 29 Regional Councils ........................................................................................... 30 Ministry of Ukraine for Family, Youth and Sports............................................. 30 State Social Service for Family, Children and Youth........................................ 31 State Department for Adoption and Protection of the Rights of the Child......... 31 Ministry of Interior of Ukraine ........................................................................... 32 Security Service of Ukraine ............................................................................. 32 General Prosecutor’s Office of Ukraine............................................................ 33 Supreme Court of Ukraine and the Judiciary ................................................... 34 State Employment Service of Ukraine ............................................................. 35 Educational Institutions ................................................................................... 35 General considerations.................................................................................... 35 MAIN LAWS IN THE CONTEXT OF TRAFFICKING IN HUMAN BEINGS ........ 36 Criminal Code of Ukraine ................................................................................. 37 Criminal Procedure Code of Ukraine ................................................................ 38 Civil Code of Ukraine ....................................................................................... 40 Law on Ensuring Safety of Individuals Involved in Criminal Proceedings .......... 40 Law on Social Services ................................................................................... 41 Law on Social Work with Children and Youth .................................................. 42 Efforts to develop a comprehensive law on trafficking in human beings ........... 42 Proposals for changing the CPC ..................................................................... 43 THE CURRENT SITUATION OF TRAFFICKING IN HUMAN BEINGS IN UKRAINE ............................................................................. 45 VICTIM ASSISTANCE: MAIN FEATURES ....................................................... 47 Identification ............................................................................................ 47 8 NEEDS ASSESSMENT OF THE NATIONAL REFERRAL MECHANISM FOR VICTIMS OF TRAFFICKING IN HUMAN BEINGS IN UKRAINE Referral .................................................................................................... 47 Assistance ............................................................................................... 47 Co-operation with law enforcement agencies ............................................ 48 IDENTIFICATION OF TRAFFICKED PERSONS .............................................. 48 Two categories of trafficked persons ................................................................ 48 Models of identification by social authorities and NGOs ................................. 49 Hotlines .................................................................................................... 49 Counselling Services ................................................................................ 49 Internet ..................................................................................................... 50 Campaigns ............................................................................................... 50 Forum theatre........................................................................................... 50 Outreach work .......................................................................................... 50 Social Services Centres ........................................................................... 51 Local Employment Centres ...................................................................... 51 Educational institutions ............................................................................ 51 Screening of incoming deportees ............................................................. 51 Identification practices within the law enforcement authorities ........................ 52 Screening at border crossing points ................................................................ 53 At the seaport .......................................................................................... 53 At the airport ............................................................................................ 53 Caseload ......................................................................................................... 54 Reports by social services providers ........................................................ 55 Reports by law enforcement agencies ..................................................... 55 Trafficking in children ............................................................................... 56 Internal trafficking in Ukraine ................................................................... 57 Statistics.................................................................................................. 57 Obstacles to identification procedures ............................................................ 58 CO-OPERATION ............................................................................................. 59 Co-operation within Ukraine ............................................................................. 60 At central level ........................................................................................
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