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Denmark: Report How Many Violations Were Discovered 567 labor recruitment agencies, though the MLSA did not RECOMMENDATIONS FOR DENMARK: report how many violations were discovered. The interior Pursue a more victim-centered approach to trafficking by minister chaired an inter-ministerial body that coordinated increasing incentives for trafficking victims to cooperate in national efforts and worked to implement the 2012-2015 the prosecution of their trafficking offenders; ensure trafficking national action plan. A unit in the MOI served as the national victims are provided with legal alternatives to their removal to rapporteur and prepared a comprehensive annual report on anti- countries where they face retribution or hardship; vigorously trafficking patterns and programs, which it released publicly. The prosecute trafficking offenses, and convict and sentence sex government continued to fund an NGO-run hotline to identify and labor trafficking offenders; ensure trafficking offenders DENMARK victims of trafficking; in 2013, the hotline received calls from serve sentences commensurate with the serious nature of the 482 separate individuals. The government demonstrated efforts offense; investigate why so few trafficking cases are prosecuted to reduce the demand for commercial sex acts during the year. compared with the number of victims identified; proactively The Czech Republic is not a party to the 2000 UN TIP Protocol. implement the 2013 amendment to the Aliens Act that provides foreign victims of crime temporary residency while they assist in a prosecution by granting it for trafficking victims; create trafficking-specific provisions or expand use of existing provisions DENMARK (Tier 1) as alternatives to deportation for trafficking victims who face harm and retribution in their countries of origin; ensure that Denmark is primarily a destination country for men, women, potential victims are not re-victimized, treated as offenders, or and children subjected to forced labor and sex trafficking from detained; consider amending Danish law to ensure trafficking Africa, Southeast Asia, Eastern Europe, and Latin America. victims can be considered a specific legal category exempting Migrants working in agriculture, domestic service, restaurants, them from punishment for all crimes committed as a direct hotels, and factories are subjected to labor trafficking through result of their trafficking; urge prosecutors and court officials to debt bondage, withheld wages, abuse, and threats of deportation. withdraw charges against known trafficking victims; expand law During the year, experts reported increased awareness of forced enforcement efforts to proactively identify and expeditiously labor crimes and victims in labor sectors, including Vietnamese transfer potential trafficking victims from police or immigration migrants subjected to forced labor on illegal cannabis farms in custody to crisis centers; build on efforts to refer potential the country. Unaccompanied migrant children are vulnerable to trafficking victims with illegal status to crisis centers instead of sex trafficking and forced labor, including theft and other forced first remanding them to police custody or detention, to facilitate criminality. There was at least one case of a foreign diplomat trust and increase identification among this vulnerable group; posted in Denmark who subjected a household worker to and continue efforts to increase detection of forced labor and domestic servitude in 2013. Copenhagen’s relatively small red- identification of children who are subjected to trafficking. light district represents only a portion of the country’s larger commercial sex trade, which includes forced prostitution in brothels, bars, strip clubs, and private apartments. PROSECUTION The Government of Denmark sustained anti-trafficking The Government of Denmark fully complies with the minimum law enforcement efforts, but held few trafficking offenders standards for the elimination of trafficking. During the year, accountable in 2013. Denmark prohibits all forms of both the government launched its first prosecutions of forced labor sex trafficking and forced labor through Section 262(a) of offenders and identified an increased number of trafficking its criminal code, which prescribes punishments of up to 10 victims. While the government increased support for victims years’ imprisonment; these penalties are sufficiently stringent who agreed to participate in its prepared return program, the and commensurate with penalties prescribed for other serious government’s primary emphasis on the repatriation of victims crimes, such as rape. The government increased the number of resulted in few convictions of trafficking offenders, and few trafficking investigations in 2013, and investigated 20 trafficking other viable options or alternatives to removal for victims suspects in 2013, charging 16 of these suspects under 262(a), who may face retribution in their countries of origin. The compared with nine trafficking suspects investigated in 2012. government’s lack of incentives for victims to participate in the The government initiated prosecutions of 16 trafficking offenders prosecution of their traffickers remained a significant obstacle in 2013, an increase from 11 in 2012. It convicted three sex to the government’s ability to bring traffickers to justice in trafficking offenders in 2013, the same number it convicted Denmark. The government provided trafficking victims who in 2012. Sentences for the convicted trafficking offenders were lacked legal status with an extended time period for departure 10 months’, three years’, and four years’ imprisonment. The from the country if they agreed to cooperate in their repatriation; government launched its first prosecutions under 262(a) for however, it did not demonstrate that it provided temporary forced labor during the reporting period. In March 2014, a residency permits or other forms of immigration relief to court acquitted one suspect in a forced labor case in which two trafficking victims to specifically encourage their participation alleged victims were forced to work in the cleaning sector; the in the prosecution of their perpetrators in 2013. Finally, the prosecutor is appealing the case. Three other forced labor cases government prosecuted identified trafficking victims during involving seven trafficking suspects and one sex trafficking case the year, punishing them for crimes they committed as a direct involving six suspects remained in the prosecution phase at result of being trafficked. the end of the reporting period. Although the government can request that trafficking victims without legal status in Denmark DENMARK TIER RANKING BY YEAR be provided with temporary residence explicitly to assist law enforcement and testify in a trial, the government did not implement the residence permit during the reporting period. Country experts reported that few trafficking cases are brought to trial in Denmark because of the lack of incentives for victims 2007 2008 2009 2010 2011 2012 2013 2014 to participate in the investigation of their trafficking offenders. 156 The Government of Denmark did not report any investigations victim and a victim subjected to domestic servitude by a foreign DENMARK or prosecutions of public officials for alleged complicity in diplomat posted in Denmark; this represents an increase from trafficking-related offenses. no victims granted asylum the previous year. However, the government denied an asylum claim to a Nigerian trafficking victim and initiated deportation proceedings against her and PROTECTION her young child after her testimony helped secure conviction The government demonstrated some progress in the protection against her traffickers. According to the victim’s attorney and of trafficking victims. In 2013, it identified 76 trafficking victims, an official who helped investigate the case, the victim received an increase from 66 identified trafficking victims the previous death threats from members of her trafficking network during year. These victims included 11 victims of forced labor and two the trial and faced immediate harm upon possible return to children. Its primary emphasis, however, on the repatriation and Nigeria. The government issued a stay of deportation in 2013 return of foreign trafficking victims and lack of implementation after a case was filed with the United Nations Human Rights of provisions for alternatives to their removal resulted in few Committee. Amnesty International raised serious concerns about protections for victims who face harm and retribution in their the threatened deportation with the government during the countries of origin. Denmark continued to be the only county year and urged the government to increase overall protections in the EU that lacks a trafficking-specific residence permit. for foreign trafficking victims in Denmark who faced serious Further, the government did not demonstrate that it granted non- harm upon their return to countries of origin. trafficking-specific temporary residency permits to trafficking victims to encourage their assistance in the investigation and The government continued to offer trafficking victims an prosecution of their trafficking offenders during the year. In June “extended time limit for departure” as part of its prepared return 2013, the government amended its Aliens Act to allow foreign program for trafficking victims who have been ordered to leave victims of crime to temporarily remain in Denmark to assist Denmark; the prepared return gives victims a specified period
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