Action Against Trafficking in Human Beings: Prevention, Protection and Prosecution

Action

COUNCIL CONSEIL against trafficking OF EUROPE DE L’EUROPE in human beings

Prevention, protection and prosecution

Council Regional seminar of Europe Nicosia, Cyprus, 15-16 February 2007 campaign Proceedings to combat organised trafficking by the Gender Equality and Anti-Trafficking Division in human of the Council of Europe’s Directorate General of Human Rights and Legal Affairs beings in co-operation with the Ministry of Interior of the Republic of Cyprus

100

EG-THB-SEM 6 (2007)

Action against trafficking in human beings: prevention, protection and prosecution

Proceedings of the regional seminar, Nicosia, 15-16 February 2007

Organised by the Gender Equality and Anti-Trafficking Division, Directorate General of Human Rights and Legal Affairs of the Council of Europe, In co-operation with the Ministry of Interior of the Republic of Cyprus

Directorate General of Human Rights and Legal Affairs Strasbourg, 2007 Division of Gender Equality and Anti-Trafficking Directorate General of Human Rights and Legal Affairs Council of Europe F-67075 Strasbourg Cedex

Printed at the Council of Europe The Council of Europe

The Council of Europe is a political The Council of Europe has its per- ent organs: the Committee of Ministers, organisation which was founded on 5 manent headquarters in Strasbourg composed of the foreign ministers of the May 1949 by ten European countries in (France). By Statute, it has two constitu- 47 member states, and the Parliamen- order to promote greater unity between tary Assembly, comprising delegations its members. It now numbers forty- from the 47 national parliaments. The seven European states1. 1. Albania, Andorra, Armenia, Austria, Congress of Local and Regional Authori- Azerbaijan, Belgium, Bosnia and Herze- The main aims of the organisation govina, Bulgaria, Croatia, Cyprus, Czech ties of the Council of Europe represents are to promote democracy, human rights Republic, Denmark, Estonia, Finland, the entities of local and regional self- and the rule of law, and to develop France, Germany, Georgia, Greece, Hun- government within the member states. common responses to political, social, gary, Iceland, Ireland, Italy, Latvia, cultural and legal challenges in its Liechtenstein, Lithuania, Luxembourg, The European Court of Human member states. Since 1989 it has inte- Malta, Moldova, Monaco, Montenegro, Rights is the judicial body competent to Netherlands, Norway, Poland, Portugal, grated most of the countries of central adjudicate complaints brought against a Romania, Russian Federation, San and eastern Europe and supported them Marino, Serbia, Slovakia, Slovenia, state by individuals, associations or in their efforts to implement and con- Spain, Sweden, Switzerland, "The other contracting states on grounds of- solidate their political, legal and admin- former Yugoslav Republic of Macedo- violation of the European Convention istrative reforms. nia", Turkey, Ukraine, United Kingdom on Human Rights.

Anti-trafficking activities of the Council of Europe

Trafficking in human beings con- the Committee of Ministers on 3 May cute traffickers. In addition, the Conven- stitutes a violation of human rights and 2005 and opened for signature in tion provides for the setting up of an is an offence to the dignity and the in- Warsaw on 16 May 2005, on the occa- effective and independent monitoring tegrity of the human being. The Council sion of the Third Summit of Heads of mechanism capable of controlling the of Europe, whose principal vocation is State and Government of the Council of implementation of the obligations con- the safeguard and promotion of human Europe member states. tained in the Convention. rights, has been active in the fight This new Convention, the first Eu- against trafficking in human beings ropean treaty in this field, is a compre- For further information on the since the late 1980s. hensive treaty focusing mainly on the Council of Europe's activities to combat The Council of Europe Convention protection of victims of trafficking and trafficking in human beings please on Action against Trafficking in Human the safeguarding of their rights. It also consult our website: www.coe.int/traf- Beings [CETS No.197] was adopted by aims to prevent trafficking and to prose- ficking.

For further information on activities concerning equality between women and men, contact: Division of Gender Equality and Anti-Trafficking Directorate General of Human Rights Council of Europe F-67075 Strasbourg Cedex

Tel. +33 388412599 Fax +33 388412705 e-mail [email protected] Internet: http://www.coe.int/equality/ CONTENTS

Introduction ...... 7 Measures and actions against trafficking in human beings taken at national level by the participating countries : Presentations by Representatives of Cyprus ...... 39 Opening of the Seminar...... 9 Dr Lazaros S. Savvides, Permanent Secretary, Ministry of Interior of Mr Neoklis Sylikiotis, Minister of Interior, Republic of Cyprus . . . . 9 the Republic of Cyprus ...... 39

Ms Maud De Boer-Buquicchio, Deputy Secretary General, Council of Ms Toula Kouloumou, Director, Social Welfare Services of the Europe...... 10 Republic of Cyprus...... 41

Mr Charalambos Koulentis, Chief of Police, Republic of Cyprus . 12 Ms Vicky Christoforou, Law Officer, Law Office of the Republic of Cyprus...... 42 Ms Leda Koursoumba, Law Commissioner and President of the National Institution for the Protection of Human Rights, Ms Rita Superman, Police Inspector, Head of the Office for Republic of Cyprus...... 13 Combating Trafficking in Human Beings, Police Headquarters of the Republic of Cyprus ...... 43 Action to combat trafficking in human beings taken by the OSCE ...... 15 Measures and actions against trafficking in human beings taken at national level by the participating countries: Country- Ms Eva Biaudet, OSCE Special Representative and Coordinator for by-country reports ...... 45 Combating Trafficking in Human Beings ...... 15 Bulgaria ...... 45

Council of Europe Convention on Action against Trafficking in Greece ...... 46 Human Beings: Keynote speakers...... 17

Prevention of trafficking in Human Beings: Ms Klara Skrivankova, Ireland ...... 52 Trafficking Officer, Anti-Slavery International ...... 17 Italy ...... 54 Measures to protect and promote the rights of victims of trafficking in human beings: Mr Simon Claisse, Legal Adviser, Directorate Moldova...... 56 of Legislation, Ministry of Justice, Belgium...... 19 Romania...... 58 The Criminal Aspects of Trafficking in Human Beings: Ms Stefica Ukraine...... 60 Staznik, Assistant Minister, Ministry of Justice, Croatia . 23

Closing addresses ...... 63 Actions to combat trafficking in human beings carried out by the Commissioner for Human Rights ...... 27 Dr Lazaros S. Savvides, Permanent Secretary of the Ministry of Interior, Cyprus ...... 63 Ms Sirpa Rautio, Advisor, Office of the Commissioner for Human Rights, Council of Europe ...... 27 Ms Marta Requena, Head of Gender equality and anti-trafficking division, Directorate General of Human Rights and Legal Actions to combat trafficking in human beings carried out by the Affairs, Council of Europe ...... 64 Parliamentary Assembly of the Council of Europe . . . 31 Appendix 1: Programme ...... 65 Ms Ingrida Circene, EPP/CD, Latvia, Member of the Committee on Equal Opportunities for Women and Men, Parliamentary Tuesday 15 February 2007 ...... 65 Assembly of the Council of Europe...... 31 Friday 16 February 2007...... 66 The role of non-governmental organisations ...... 35 Appendix 2: List of participants ...... 67 Ms Klara Skrivankova, Trafficking Officer, Anti-Slavery International...... 35 Council of Europe Member States ...... 67

Ms Eleni Pissaridou, STIGMA Foundation, (Organisation for the Other participants...... 69 protection of victims of sexual violence and exploitation), Cyprus...... 35 Council of Europe Bodies ...... 69

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 5

Introduction

Trafficking in human beings is the modern form of the old local and regional authorities, non-governmental organisations worldwide slave trade. It treats human beings as a commodity to and civil society. The Campaign should promote the signature be bought and sold. The victims are put to forced labour, usually and ratification of the Convention, which is a practical tool for in the sex industry but also, for example, in the agricultural international co-operation to fight trafficking and assist states sector or in sweatshops, for a pittance or nothing at all. Traf- in developing effective national legislation and policies. ficking in human beings directly undermines the values on Among the activities taking place in the context of the which the Council of Europe is based: human rights, democracy Campaign is a series of regional information and awareness and the rule of law. raising events organised under the title “Action against traffick- The Council of Europe Convention on Action against Traf- ing in human beings: Prevention, protection and prosecution”. ficking in Human Beings [CETS No.197] was adopted by the The sixth regional event took place in Nicosia (Cyprus) on Committee of Ministers on 3 May 2005 and opened for signa- 15-16 February 2007. It was organised by the Gender Equality ture in Warsaw on 16 May 2005, on the occasion of the Third and Anti-Trafficking Division of the Council of Europe Directo- Summit of Heads of State and Government of the Council of rate General of Human Rights and Legal Affairs in co-operation Europe member states. with the Ministry of Interior of Cyprus. I addition to the Cypriot This new Convention, the first European treaty in this authorities, the following countries participated in the regional field, is a comprehensive treaty focussing mainly on the protec- conference: Bulgaria, Greece, Ireland, Italy, Moldova, Romania tion of victims of trafficking and the safeguarding of their and Ukraine. rights. It also aims to prevent trafficking and to prosecute traf- The main objectives of the seminar were: fickers. In addition, the Convention provides for the setting up • to present the Council of Europe Convention on Action of an effective and independent monitoring mechanism capable against Trafficking in Human Beings as an efficient tool of controlling the implementation of the obligations contained for combating trafficking in human beings by means of in the Convention. its multi-disciplinary approach incorporating measures In July 2007, the Convention had been ratified by Albania, for preventing trafficking, protecting the human rights of Austria, Bulgaria,Georgia, Moldova, Romania and the Slovak Re- victims and prosecuting traffickers. public and signed by 29 other Council of Europe member states: • to present and discuss measures and actions against traf- Andorra, Armenia, Belgium, Bosnia and Herzegovina, Croatia, ficking in human beings taken at national level by the Cyprus, Denmark, Finland, France, Georgia, Germany, Greece, participating countries, in particular in the light of the Iceland, Italy, Ireland, Latvia, Luxembourg, Malta, Montenegro, multi-disciplinary measures of the Council of Europe Netherlands, Norway, Poland, Portugal, San Marino, Serbia, Slo- Convention on Action against Trafficking in Human vakia, Slovenia, Sweden, "the former Yugoslav Republic of Mac- Beings. edonia" and Ukraine. The regional conference brought together around 200 The Council of Europe Campaign to Combat Trafficking in participants and constituted a valuable opportunity to ex- Human Beings was launched in 2006 under the slogan “Human change and share experiences of national legislative measures being – Not for sale”. The aim of the Campaign is to raise aware- and policies to combating trafficking in human beings. ness of the problem of trafficking in human beings as well as These proceedings of the seminar are prepared on the possible solutions to it among governments, parliamentarians, basis of written contributions available in English.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 7

Opening of the Seminar

Mr Neoklis Sylikiotis, Minister of Interior, Republic of Cyprus

It gives me special pleasure to welcome you to this re- the strengthening of dialogue in the Mediterranean and to gional seminar entitled “Action against trafficking in human promote tolerance and non-discrimination. Cyprus is ready and beings – prevention, protection and prosecution”, organised by willing to host OSCE meetings and to support international ini- the Equality Division of the Council of Europe’s Directorate tiatives to face new challenges and threats, including trafficking General of Human Rights in collaboration with the Ministry of in human beings. Cyprus applauds the appointment made in the Interior of the Republic of Cyprus. Vienna in 2006 of a Special Representative and Co-ordinator on The many participants, including distinguished experts Combating Trafficking in Human Beings. from Cyprus and abroad, who will address the seminar and par- During his recent visit to Nicosia, from 25 to 27 January ticipate in its work, indicate the priority that all the organisa- 2007, OSCE Secretary General Ambassador Marc Perrin de Bri- tions involved give to combating trafficking. chambaut singled out Cyprus's active involvement and its po- I would like to take this opportunity to extend a warm tential role in the promotion of OSCE priorities. welcome to Deputy Secretary General of the Council of Europe I am confident that this two-day seminar will give all par- Ms Maud de Boer-Buquicchio, and to thank her for finding the ticipants the opportunity to deepen their understanding of this time to be here at the seminar today to deliver the opening ad- multifaceted and complex problem facing the global commu- dress. nity and bring themselves up to date with the various activities, Cyprus has been a member of the Council of Europe since measures and best practices being promoted at international, independence, and an active participant in all the Council's regional and local level. It will provide an occasion for the ex- bodies and organs including the Parliamentary Assembly, always change of opinions concerning the best ways to tackle human contributing to the implementation of the Council's principles trafficking, especially in regard to policies and measures for pre- and values, particularly in the areas of human rights and social vention, victim protection and the prosecution of all those in- rights. There is a strong partnership between the Council and volved. Cyprus in the fields of education, culture and health, as well as Human trafficking is one of the gravest challenges con- in other specialist and technical fields. Cypriot experts serve on fronting the global community today. That being said, there are most of the Council's specialist committees, and their contribu- some encouraging signs: the matter is attracting increasing at- tion is widely acknowledged. Since joining, Cyprus has assumed tention from governments, international organisations, univer- the chairmanship of the Council of Europe's Committee of Min- sities, the media and NGOs. isters, the organisation's highest executive body, four times. Trafficking is undoubtedly one of the most degrading The Republic of Cyprus firmly believes that the Council of faces of human activity. Like the illegal arms trade, drug traf- Europe has a key role to play in the promotion of, respect for, ficking, money laundering and terrorism, it is a form of modern and protection of human rights and fundamental freedoms. organised crime. I would also like to welcome another distinguished Trafficking in human beings constitutes a serious viola- speaker, Ms Eva Biaudet, the Organisation for Security and Co- tion of fundamental human rights and is an affront to human operation in Europe (OSCE) Special Representative on Combat- dignity. It involves recruiting, transporting and harbouring ing Trafficking in Human Beings. adults and minors alike, usually females, with the aim of exploit- As a founding member of the organisation, Cyprus is ing their labour, forcing them into prostitution, and subjecting deeply involved in OSCE politico-military co-operation. It is them to other forms of sexual exploitation including their use in chairing the OSCE Forum for Security Co-operation, working in pornographic material. the areas of policy and security, including arms control and con- Traffickers in human beings, modern day slave traders, fidence- and security-building measures. operate in organised supply networks. They employ ruthless Cyprus's geographical position coupled with the broad tactics on vulnerable groups of individuals, usually women and experience it has acquired makes it well placed to contribute to children: they use exploitation, deception, violence, threats, co-

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 9 ercion, bondage through forced debts, and even ensnare vic- strategy in regard to both the broader issue of global migration tims’ families in their nets. and the issue under consideration, trafficking in human beings. International statistics demonstrate that trafficking for If we do not manage to wipe out or alleviate the root causes of the purpose of labour exploitation is concentrated in Africa, the phenomenon through the sustainable development of these South America and Central and South East Asia – areas of countries, and in close co-operation with them, I do not believe extreme poverty – whereas in the developed world, including that we will see any results. It is my conviction that only by tack- Europe and therefore Cyprus, its activities are mainly focused on ling the problem at its roots do we have any chance of success. the sexual exploitation of its victims. This problem concerns us all, and it does so on several For this reason we must make a clear distinction in our levels. It concerns our actions and our relationships as individu- approach to the phenomenon between the aspects of demand als, as states, as international organisations, as a community of and supply. The various conditions in the victims’ countries of citizens. We must therefore approach it accordingly. This is an origin, the supply countries, which facilitate the recruitment of international problem, and as such needs to be addressed on an potential victims into the illegal web of trafficking, have to be international level through international co-operation. divorced from the conditions in the destination countries, prin- We are facing the problem here in Cyprus too, and, like cipally the great demand for the ‘commodity’ on offer through many countries, we are doing everything necessary to combat it. these illegal networks. Consequently, the triptych prevention- You will be briefed on all these measures during the course of protection-prosecution has to be interpreted differently in the seminar. countries of recruitment and in destination countries – unfor- The government of the Republic of Cyprus and the Minis- tunately, economically developed countries. try of the Interior, which co-ordinates the activities of the com- In the case of global migration, it has recently been es- petent ministries, services and other agencies targeting tablished that no package of policies and measures can bring trafficking, declare ourselves committed to implementing every results if it approaches the problem exclusively from the per- measure necessary for the purposes of prevention, protection spective of the destination countries. Likewise, it is not enough and prosecution in order to deal with human trafficking effec- to fight human trafficking only as it manifests itself in the de- tively. veloped West. In both cases we have to be just as effective in coming to grips with and confronting the conditions that give For example, during the course of March 2007 the new rise to it in the countries of origin: abject poverty; the lack of bill concerning trafficking in human beings will come before the prospects for creative and gainful employment; the lack of ade- House of Representatives for a vote, replacing the existing legis- quate education and training; limited medical and pharmaceu- lation. At the same time, the House of Representatives will be tical care, and the poor performance of democratic institutions presented with the law ratifying the Council of Europe's Con- and the rule of law. vention on Action against Trafficking in Human Beings. These conditions are the driving force behind human traf- Thank you, and I look forward to the findings of this con- ficking. That being so, it is vital that we adopt a more holistic ference, which, I am confident, will assist us in our efforts.

Ms Maud De Boer-Buquicchio, Deputy Secretary General, Council of Europe

Minister, Excellencies, Ladies and Gentlemen, away in the streets and homes of the cities. Against all logic, our I am grateful to the Cypriot authorities for having taken society seems to tolerate this new form of slavery. the initiative to host the first 2007 regional seminar of the Of course, the political speech denounces trafficking in Council of Europe on a topic which is a key priority for the human beings as a crime. But this is not enough. We have to put Council of Europe and for me personally: the fight against traf- it plainly: trafficking in human beings is an affront to human ficking in human beings. dignity and therefore a violation of the most fundamental human rights. I am also very pleased to welcome here today Ms Biaudet, It is not enough to denounce it: we must act to end it ef- the newly appointed OSCE Special Representative against traf- fectively. ficking in human beings. Her presence shows that the Council of This is why in 2005 the Heads of States and Government Europe and the OSCE are determined to work together towards of the Council of Europe opened to signature a pioneering a common objective: zero tolerance against trafficking! treaty to prevent trafficking, prosecute traffickers, strengthen “Human beings are not for sale” says the slogan of the international cooperation, and create a monitoring mechanism Council of Europe Campaign to combat trafficking in human to ensure the effective implementation by States of its provi- beings. This is something which should go without saying but it sions. does not! In Europe today, criminals buy and sell people against This was a significant breakthrough, but a year and a half their will. Human beings are catalogued and traded like a com- after its adoption, I must voice my disappointment because until modity. today the Convention has been ratified by only 4 States and How many victims are there? 120,000, 180,000, even signed by 30. We are still 6 ratifications short of its entry into 500,000? It is very difficult to know exactly how many people force. are victims of trafficking in Europe. Police forces, NGOs and in- Some argue that the Convention is going too far. I accept ternational organisations all agree that the statistics are not ac- that this is a far-reaching treaty but it is far-reaching because it curate, but that slave markets still exist in 21st century Europe. contains binding and concrete provisions aimed at protecting Of course they are no longer held on public squares, but hidden victims. It contains not only concrete measures, such as access

10 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division to medical treatment, counselling, information and legal repre- perate people in over-crowded vessels, trying to reach the sentation, but also far-reaching provisions such as access to southern-most shores of Europe. Behind every single individual translation and interpretation, access to education for children, involved there is a human story, often a tragedy, but they are a recovery and reflection period of at least 30 days during which not all victims of trafficking and this distinction is critically im- the victim cannot be expelled from the country where he or she portant yet frequently ignored. is found, the possibility for victims of having a residence permit Above all, contrary to illegal immigrants, victims of traf- not necessarily linked to their cooperation with law enforce- ficking do not choose to be victims: they are often deceived or ment authorities, the non-punishment clause for victims. misled by the traffickers and in the end deprived of freedom and I also hear that this Convention is biased. Yes, it is biased completely controlled by criminal gangs. Secondly, trafficking as it is in favour of victims. always aims at the exploitation of the victim. In short, while the I finally accept that the Convention demands action from main objective of those arranging illegal immigration is smug- all our member States; the countries of origin, of transit and of gling people across borders for a fee, the objective of trafficking destination. There is no point in building walls at the door steps is exploitation of human beings. This is a crime which may, or of the European Union: what we need is cooperation within the may not, involve an illegal crossing of a border. broadest possible geographical area. This Convention provides Of course, I do not deny that sometimes illegal immigra- the basis for a genuinely Europe-wide common legislation in tion and trafficking may overlap; I do not deny either that this area. illegal immigration is a serious issue, but I urge you not to Whereas, the Convention envisages a series of measures confuse two separate problems, which have to be treated sepa- designed to assist the victims, an important part of it is destined rately as the origins, the extent and the consequences are totally to prevent human beings falling prey to unscrupulous traffick- different. ers. The case-law of the European Court of Human Rights un- In order to make prevention effective, our Convention derpins the human rights oriented approach of the Convention. promotes a multidisciplinary co-ordination approach and re- In a judgment against France of 26 July 2005 (Siliadin v. France), quires that Parties take measures to strengthen co-ordination our Court held France responsible for not fulfilling its positive nationally between the various bodies with social, police, migra- obligations under Article 4 of the European Convention on tion, customs, judicial or administrative responsibilities. Human Rights (prohibition of forced labour and servitude) in a The Convention underlines the importance for "profes- case which dealt with issues concerning trafficking in human sionals concerned", namely anyone coming into contact with beings for the purpose of labour exploitation. The Court consid- victims of trafficking in the course of their work (police and law ered that limiting compliance with Article 4 of the European enforcement, social workers, doctors, etc), to benefit from ap- Convention on Human Rights only to direct action by the State propriate training programmes. authorities would be inconsistent with the international instru- Secondly, the Convention requires countries to put in ments specifically concerned with this issue and would amount place short, medium and long term preventive measures. Infor- to rendering it ineffective. mation, awareness-raising and education campaigns are impor- I would like to conclude with a story, which, unfortu- tant short-term prevention measures, particularly in the nately, is not drawn from fiction. It is a story which I told during countries of origin. Social and economic initiatives tackle the the negotiation of the trafficking convention and which had underlying and structural causes of trafficking and require been reported in a publication by Anti-Slavery International. It long-term investment. is the story of Daniela, who was trafficked from Albania to Italy. Another important aspect of prevention is the reduction She went because she wanted to be able to earn some money of the demand. The Convention places a positive obligation on for her family. Once in Italy, she was sold and forced into street Parties to adopt measures for discouraging demand whether as prostitution. She was passed from one trafficker to the next, and regards sexual exploitation or in respect of forced labour or she was eventually brought to England, where she worked as a services, slavery and practices similar to slavery, servitude and prostitute in a flat. She was often beaten. Once, she tried to organ removal. The aim of this provision is to achieve effective escape whilst in England, but the traffickers caught her, and she dissuasion and include measures which may be legislative, ad- was punished. In Italy and in England Daniela never even ministrative, educational, social, cultural or of other kinds. A list thought about going to the police for help. of such minimum measures is contained in the Convention. She was too scared about what would happen to her Another dissuasive measure provided by the Convention family. Eventually, the traffickers took her back to Northern is the criminalisation of the "clients", that is of those who con- Italy. Italian police stopped her while she was working on the scientiously make use of victims of trafficking. streets and asked to see her papers. She did not have any. They A matter of utmost importance is the distinction between served her with a deportation notice and gave her 15 days to trafficking and illegal immigration, which I know is particularly leave the country. She went back to the traffickers, showed relevant in the southern shores of the Mediterranean region. them the deportation order and they moved her to another city. Very often, too often, we hear that our Convention favours The story of Daniela is unfortunately not exceptional. It is illegal immigration. for the several thousands of Danielas that the Council of Europe This is the result of a major misunderstanding, sometimes has pushed hard for the adoption of this new treaty. Now, this mixed with bad faith, on the side of those who do not really Convention has to be widely ratified to be put into action. My want to help victims of trafficking. The idea that thousands of hope is that at the end of this seminar more countries will join people who press at our borders are all victims of trafficking is Moldova, Romania, Austria and Albania and become Parties to plainly wrong. We are all painfully aware of the images of des- our Convention.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 11 Mr Charalambos Koulentis, Chief of Police, Republic of Cyprus

On behalf of the Ministry of Justice and Public Order and issue, and approach it with a clear sense of their duty to the of the Cyprus Police Force, I would like to congratulate the Min- safety both of Cyprus's own citizens and of all those in the juris- istry of the Interior, which, with the co-operation of the Council diction of the Republic. They devote a large proportion of their of Europe, has organised today's seminar - part of the Council's efforts to the suppression of trafficking. A crucial role in this is campaign to combat trafficking in human beings. played by the Office for Combating Trafficking in Human Trafficking in human beings is a form of organised crime Beings, which has been operating from Police Headquarters and an outright violation of human rights; human lives are sac- since 2004. The Office coordinates the work of all the various rificed at the altar of easy, dirty money. Human rights and moral police departments involved, as well as arranging interdepart- values are debased and the human body degraded, functioning mental co-operation with other governmental and non-govern- as a mere object of exchange, complete with a purchase and sale mental agencies. price. Trafficking appears in so many forms that it can only be Our presence here today is incontestable proof of our compared to the Lernaean Hydra, who with every blow it re- commitment to fighting the Lernaean Hydra together, the ceived sprouted even more, even wilder and even larger heads. scourge of our communities, the communities in which we live Each of the heads of the trafficking Hydra has its own shape and and which we, more than any others, have a duty to protect and name: sexual exploitation; labour exploitation; slavery; beg- safeguard. ging; in parts of the world, minors being forced into marriage; The institutional obligations, the common aims and ex- child pornography and the sexual exploitation of children - one pectations that came with EU accession, have raised the bar of the Hydra's most repellent forms; the trade in human organs high, and with it expectations for the effectiveness of the and whatever other perversions these criminals can devise, Cyprus Police – and my own responsibilities as its chief. either today or in the immediate future. Regrettably, human Cyprus has adopted a national action plan to guarantee beings manipulate their fellow humans as though they were respect for human rights and to dismantle organised crime net- objects that can be put to any conceivable use. works involved in trafficking in human beings. One consequence of European enlargement is the in- This is an important, worthy initiative. Led and inspired by creased number of traditionally poor non-EU countries now the National Action Plan, all government services involved are bordering the EU. This has fuelled the growth of trafficking. The working together to combat trafficking within the scope of wave of migration into the EU is a defining factor in trafficking, their functions and capability. Moreover, with the signature and which finds fertile ground in which to flourish. Migration can ratification of all the relevant conventions on action against occur both legally through ports and airports, and illegally trafficking in human beings, organised crime and internet through crossing borders by land and sea. crime, and with the passing of legislation providing for deter- Cyprus is not untouched by this phenomenon. Here traf- rent sentences, our community is moving forward in its at- ficking manifests itself mainly in the form of sexual exploita- tempts to deal with this problem as effectively as possible. tion. The majority of victims come from Central and Eastern We will fight this modern form of slavery. We will show Europe, and end up in Cyprus working either as cabaret and zero tolerance towards crime rings. We will ensure that slave nightclub artistes or as waitresses in pubs and bars, or in other traders are morally sidelined. We will dismantle the mechanisms sectors. Extreme financial hardship and appalling living condi- that corrupt consciences and encourage the trade in human tions in their home countries make them easy prey for those in beings. pursuit of illegal gains. These women put their personal feelings In the last few years trafficking in human beings has un- and moral reservations to one side, and become trapped in a dergone a degree of change. The abuse of its victims has turned vicious circle from which there is no visible means of escape. into a form of victim management, with the offer of incentives Let us pause to reflect on the gravity of the situation with and the provision of protection. Organised crime is constantly this simple comparison: an arms dealer can benefit from the sale trying to stay one step ahead of the mechanisms that seek to of a single weapon only once; a drug dealer receives only a suppress it and of the measures taken by the state and NGOs. single payment for each sale of narcotics he makes, but a traf- This development does not mean that human trafficking ficker in human beings can benefit from the sale of his com- is no longer one of the most abhorrent forms of human rights modity, the human body, over and over again. violations and organised crime. This is why it is imperative for us The phenomenon of modern slavery is a highly complex all to continue to be vigilant in performance of our duty and one. It has to be tackled in the wider context of combating or- show the human face of social solidarity to the most vulnerable ganised crime as well as in the context of the prevention and of our fellow human beings, irrespective of where they come punishment of human rights violations. Any attempt to eradi- from. cate trafficking has to be a co-ordinated multidisciplinary effort In closing, I would like to wish this seminar every success involving several government services and agencies, interna- in securing an increased level of co-operation from everyone in tional organisations, governments and relevant NGOs. Contain- these crucial questions of human safety - the protection and ment is not enough. support of vulnerable groups in society. Co-operation is the best I am pleased to be able to mention that the problem is way to address the problem of trafficking, because in the final being tackled with increasing dynamism, quickly showing analysis, our entire civilisation is at stake. This is a problem that results in terms of arrests, convictions and exemplary sentences. concerns each and every one of us. The Cyprus Police, in common with police forces every- Thank you and I wish you every success in the work to where, both in and outside Europe, have been sensitised to this come.

12 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Ms Leda Koursoumba, Law Commissioner and President of the National Institution for the Protection of Human Rights, Republic of Cyprus

It is with great pleasure that I address today's seminar, aimed chiefly at exploiting their labour focuses essentially on held by the Ministry of the Interior in co-operation with the Africa, South America and central and south-east Asia, while in Council of Europe to promote the ratification of the Council of Europe, including Cyprus, trafficking centres mainly on sexual Europe Convention against Trafficking in Human Beings. In par- exploitation of the victims. The profits from sexual exploitation ticular, I congratulate the Ministry of the Interior on organising are greater than those from the exploitation of labour, so or- this seminar, which will help to generate awareness of the pro- ganised crime networks are moving into sexual exploitation. visions and scope of the convention. The application of this Trafficking in and exploitation of human beings is directly linked convention is part of the broader picture of the action taken by to forms of organised crime such as money laundering, the the Republic of Cyprus to co-ordinate activities to combat traf- drugs trade, the arms trade and terrorism. ficking in human beings. As I said, the Republic of Cyprus has been committed I welcome the presence among us of Ms Maud de Boer since the early years of its independence, and it takes part, at Buquicchio, Deputy Secretary General of the Council of Europe, both international and European level, in preventing and com- and Ms Maria Requena, Head of the Equality Division of the bating trafficking in human beings, whether for purposes of Council of Europe's Directorate General of Human Rights. Their sexual exploitation or of labour exploitation. Cyprus also en- presence is an honour for us and marks the immense signifi- deavours to prosecute the perpetrators and protect and support cance attached by the Council of Europe to the adoption of the the victims. convention and the creation by the member states of a proper As a member state of the European Union, Cyprus takes infrastructure for its full implementation. part at Community level in joint EU action aimed among other I also particularly welcome the presence of Ms Eva Biau- things at criminalisation, imposition of penalties, prosecution det, Special Representative on Combating Trafficking of the Or- and, potentially, extradition. ganisation for Security and Co-operation in Europe. Cyprus's The Republic of Cyprus is now a contracting party to a relationship with the OSCE goes back to the latter's foundation, number of international UN, Council of Europe, OSCE and EU when it was still the CSCE, whose Final Act Cyprus signed in Hel- treaties on combating trafficking in human beings, their sexual sinki on 1 August 1975. exploitation and exploitation of their labour, as well as protec- Trafficking in human beings is a phenomenon of our time. tion of victims. These treaties are part of the country's legal It operates across borders and hits disadvantaged groups, espe- framework and arsenal for dealing with organised crime, partic- cially women and children. It is the contemporary and most re- ularly since, under the provisions of the Constitution, they are pellent form of slave trade, marked by illegality and violence. incorporated into domestic law with superior force. Trafficking in human beings is a fundamental violation of So that the participants in this seminar may be fully inhuman rights. It violates human dignity and integrity, freedom formed, I thought it would be useful to highlight the multilat- of movement and in some cases the right to life. It undermines eral commitments of the Republic of Cyprus on the subject the principle of the equality and dignity of all human beings and addressed by the seminar. My office has prepared a list entitled infringes the rule of law and fundamental democratic values. "Multilateral Instruments in the field of Combating Trafficking As of the beginning of the 20th century, the international in Human Beings to which the Republic of Cyprus is a Party", community endeavoured to eradicate the slave trade, resulting which was circulated with the seminar documents. It goes in the adoption of three international treaties: without saying that to the multilateral instruments included on – the International Agreement for the Suppression of the the list must be added the bilateral agreements that Cyprus has White Slave Traffic, Paris, 1904, concluded with a number of countries to prevent and combat – the International Convention for the Suppression of the organised crime. In addition, the Republic now has extensive White Slave Traffic, Paris, 1910, and domestic legislation aimed at ensuring more effective applica- – the International Convention for the Suppression of the tion of the above instruments and harmonisation with European Traffic in Women and Children, Geneva, 1921. Union legislation and, generally speaking, at combating traf- After the Second World War, the Universal Declaration of ficking in human beings, their sexual exploitation and exploita- Human Rights (Articles 4 and 5) prohibited all forms of slave tion of their labour. trade. At the same time, an Action Plan drawn up by decision of In 1963, through state succession, the Republic of Cyprus the Ministry of the Interior (Decision No.54.281 of 19.9.2001) became a contracting party both to the above-mentioned 1921 has been adopted to co-ordinate action on combating traffick- convention and to the 1949 international conventions updating ing in and sexual exploitation of human beings. Government the corresponding conventions of 1904 and 1910. It later departments, in co-operation with non-governmental organisa- became a contracting party to the 1950 Convention for the tions and civil society, are taking steps to prevent and eradicate Suppression of the Traffic in Persons and the Exploitation of the trafficking and to protect the victims. The aim is threefold: Prostitution of Others, which in turn integrated the conventions “prevention/suppression/protection”. of 1921 and 1949. I would point out that as part of the international system That was by way of a brief review of Cyprus’s involvement for monitoring respect for human rights, Cyprus systematically in combating the slave trade. includes in its national reports accounts of the steps taken to Combating trafficking in human beings is now a priority harmonise the country’s administrative practice and legislation and a challenge for the international community, including and of the efforts made to deal with this appalling contempo- Cyprus. Statistics demonstrate that trafficking in human beings rary form of slave trade.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 13 In recent years Cyprus has made substantial progress in measures adopted may be appropriate and effective in dealing combating trafficking in human beings. with the situation. Unfortunately, the victims of the various forms of exploi- The President of the Republic of Cyprus signed the tation, sexual exploitation, forced labour and organ trafficking Council of Europe Convention on Action against Trafficking in are on the increase. Human trafficking is an open wound in our Human Beings in Warsaw in 2005. The domestic procedure for societies. ratifying the convention has started and I hope the Republic of To cope with the situation, it is essential that the govern- Cyprus will soon be in a position to ratify it. ments and their national prosecuting authorities should join More significantly, Cyprus feels committed and is ready to forces, and also co-operate with the international organisations take co-ordinated action to combat trafficking in human researching and collecting data in various countries (victims’ beings. countries of origin, transit and destination). With these remarks, I welcome the opening ceremony of I am sure today’s seminar will help to enrich our knowl- the seminar, which is particularly timely and of immense signif- edge and experience. Recent research has established that while icance for Cyprus. I welcome all the distinguished guests, espe- trafficking in human beings is on the increase, it is becoming cially Ms Maud de Boer-Buquicchio, Ms Maria Requena and steadily less visible because crime networks are using “new Ms Eva Biaudet, whom I thank for their presence here in Cyprus methods” such as the web and mobile phones. All those involved today. I should again like to congratulate the organisers and I in this struggle therefore need to be better informed so that the wish you every success in your discussions.

14 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Action to combat trafficking in human beings taken by the OSCE

Ms Eva Biaudet, OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings

Mr Chairman, Excellencies, Ladies and Gentlemen, Dear col- of States to sign and ratify the Convention. We intend, as since leagues, 2004, to use the framework of the Alliance against Trafficking in Let me say from the very beginning that I really appreciate Persons (our forum of an open dialogue and exchange of expe- the opportunity to address you all at the Seminar of the Council rience and best practice) to raise awareness about the Conven- of Europe - our closest partner in combating trafficking in tion and its role in mobilising the States for the common goal to human beings, and to welcome you on behalf of the OSCE. Our ensure safe and secure future for our citizens. We commend the two organisations are well known to the international commu- Council of Europe for its valid activities in the framework of the nity and to the member-States for their firm stand against Alliance against Trafficking in Persons and the work done to- human trafficking. gether within the Alliance Expert Coordination Team. Though we have a different composition in terms of mem- Apart from the Council of Europe and the OSCE, or in addi- bership, and a different format of the decision-making process, tion to their efforts, our partners - international organisations - and, probably most important, different nature of political com- the UN and its family, the European Union, the regional entities mitments - those of the OSCE, and legal obligation - those of (Council of Baltic Sea States, for example, CIS, and others) have the Council of Europe, we have similar values and similar ap- created a solid legal basis and co-operative frameworks to ad- proaches to the crime of human trafficking. The high human dress human trafficking. But let us be realistic - still we are quite rights standards are the same for both entities. far from a turning point not only in the eradication of THB, but In this regard our co operation is natural. Its added value in all its components - Prevention, Protection and Prosecution. comes from the complementarities of the legal instruments of Criminal networks go on imposing threats to men, women and the Council of Europe to support the political commitments children, the most vulnerable, marginalised, socially excluded, taken by the OSCE participating States by consensus decisions deprived of equal opportunities, impoverished and living and vice versa. That is why it is also natural for the OSCE to pro- through the negative side-effects of globalisation, conflict and mote the principles of the Convention on Action against THB in post-conflict situations, intolerance and discrimination, the OSCE participating States to facilitate its coming into force techno- and natural disasters. We need a commitment for de- as soon as possible. fending human dignity, much deeper and persistent, after we We contributed to the drafting process when it just started. have drafted our laws, papers or action plans. This is just the be- And we continued to support the Convention and the Anti-Traf- ginning of the process. ficking Campaign of the Council of Europe when it was adopted. Lots of things remain to be done to improve the implementa- This contribution from our side has been done through information of our commitments and obligations. The victims-centred, tion sharing and advocacy on the content of the Convention to rights-based approach is more an exception than a rule in both the OSCE participating States, through country visits of my - countries of origin and destination. The governments need to predecessor, Dr Helga Konrad, through presentations of the staff carry their responsibility both addressing root causes and of the OSCE anti-trafficking mechanism at a number of forums demand in their own countries protecting all people irrespective - those organised by the Council of Europe and by other inter- of citizenship. Security cannot materialise if it is not felt in the national organisations. everyday life of all human beings. As an example, let me refer to the OSCE Ministerial Decision None of the organisations can claim to have accurate and taken in Ljubljana in 2005 (MC.DEC/13/05) and encouraging the precise data proving the scope of the problem. The countries participating States to sign and ratify the Convention notifying have even less verified data and research. We believe that the them that this international instrument is the first regional figures available reflect just a tip of an iceberg. Not all forms of treaty focusing mainly on victim protection. human trafficking are recognised by the countries and ad- All these activities were targeted at increasing the readiness dressed by the criminal law. Often we are challenged by the lack

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 15 of understanding the difference between human trafficking and anti trafficking synergy we will meet the high promises we have human smuggling which leads to re-victimisation and re-traf- given in the Declaration on Co operation between the Council of ficking, let alone the impunity of offenders. These are just some Europe and the OSCE of 2005 and better help our member of the problems which prevent us from moving forward. States to face the challenges of XXI century, THB being one of In this regard the enactment of the Convention will defi- them most cynical and horrendous. nitely become a significant step towards enhancing the efforts It is hard to recognise, but we have to admit that 200 years of the member-States in the fight against THB. From our side we after the abolition of transatlantic slave trade by an Act of the shall use to a full extent our expertise to assist the States be- British Parliament of 25 March 1807, slavery and practices simi- longing to our organisations in achieving progress in combating lar to slavery exist in all our lands. Human trafficking as a form THB. of enslavement has to be eradicated - otherwise the world will Let me conclude by saying that we will as ever, address all soon be dominated by organised crime, corruption, humiliation forms of human trafficking, including THB for sexual and labour and degradation. exploitation, trafficking in children, THB for organised begging Let me wish you all the success in reaching the goals of the and petty crimes, and other manifestations of trafficking for the Seminar and in moving forward our joint anti-trafficking purpose of exploitation in all the OSCE regions. By generating agenda.

16 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Council of Europe Convention on Action against Trafficking in Human Beings: Keynote speakers

Prevention of trafficking in Human Beings: Ms Klara Skrivankova, Trafficking Officer, Anti-Slavery International

It is my pleasure to be able to address you today. First, I would tries of destination. We need to bear in mind that many of the like to extend my thanks to the Council of Europe for inviting me causes of trafficking are at the same time also consequences of to speak at this conference. I have already participated in several trafficking. Discrimination or structural gender-based violence of these events and I am always looking forward to discussing the being examples of them. issues with a different audience and hearing your experiences Prevention of trafficking is covered by the Chapter II, Article 5 with combating trafficking in your countries. of the Convention. The same chapter includes two other articles My task is to elaborate on the issue of prevention of traffick- that are also associated with prevention - article 6, Measures to ing in human beings as outlined in the relevant chapters of the discourage the demand and Article 7, Border measures. I will Convention on Action against Trafficking in Human Beings. I will touch on these two articles later in my presentation. focus on the following three areas in my presentation: Trafficking is a complex problem and requires comprehensive • Prevention of trafficking as delineated by the Conven- ways being addressed. Any prevention strategy on trafficking thus tion; needs to be comprehensive. Such as strategy is composed of a co- • Concept and development of prevention strategy; operative framework, has clearly set targets and specific contents. • Practical dimension of prevention - best practices and Cooperative framework carries in itself two key aspects: lessons learned; multi-disciplinary approach and multi-actor involvement. These As with any other pressing social problems, before we start are often seen written down are prerequisites, however their concrete prevention activities, it is necessary to identify and un- translation into practice tends to be haphazard. Multi-discipli- derstand the problem as thoroughly as possible. Frequently, we nary approach means that professionals from various areas are see rather vague references to awareness-raising and training involved in creation of prevention activities. There are various programmes that fail to meet their objectives because of lack of target groups, various levels of risks of trafficking as well as other definition. issues such as gender and culture involved. This approach makes The key question is: What do we want to prevent? sure that all variations are included. We want to prevent trafficking, we want to prevent exploita- Various actors in the field have different responsibilities and tion of people that is happening as a result of trafficking. This re- expertise. Despite their sometimes diverse interests, they often quires looking at the whole process, taking into account all its share a similar agenda with regards to combating trafficking. In- elements – recruitment, transportation, means, purposes and volvement of all relevant actors is crucial to address the complex- more importantly looking at the root causes of trafficking in ity of the issue. Traditionally, governmental agencies, non- order to achieve far-reaching impact in the long-term. governmental organisations and international organisations par- I believe we all know the root causes of trafficking. The more ticipated in prevention of trafficking. However, as trafficking for global ones, such as rising economic disparity among countries forced labour other than sexual exploitation has finally become a and regions and its impact on vulnerable groups. Also major social topic on the political agenda, new actors need to be included in changes in countries in transition. Further causes are connected the process, such as development agencies, monetary institutions, to the individual, group or locality and are embedded in the con- private sector, unions, labour agencies. crete hardship of an individual, lack of opportunities, discrimina- The second element of a comprehensive prevention strategy tion or a conflict situation. Often, prevention is seen as the are its targets. The ultimate target of any prevention strategy is to responsibility of countries of origin. However, as there are push introduce measures that effectively address prevention of traf- and pull factors playing their roles, root causes ought to be ficking in short-, medium- and long-term and create sustainable tackled at both ends - in the countries of origin and in the coun- mechanisms. More importantly, such measures need to be de-

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 17 ployed at both ends - in countries of origin, in a form of social and and child-sensitive approach in their development, implementa- economic development and by applying prevention on all three tion and assessment. levels.2 In countries of destination, on the other hand, apart from Article 6 of Chapter II of the Convention contains measures to application of prevention programmes at three levels, special at- discourage demand. It is the first time the issue of demand is tention must be paid to prevention of re-trafficking and creation covered by an international legal instrument, recognising the in- of legal migration channels. ternational aspects of demand as one of the underlying causes of The third element, and perhaps the most crucial one, are the trafficking. Similar to any other prevention areas, definition of a very contents of a comprehensive prevention strategy. The build- problem is the first step in the process of tackling the demand. ing stones of the contents are research, information and aware- What demand, or rather demand for what do we want to tackle? ness raising. Knowledge is power. Not in the sense of high and In general demand that is considered to be underlying the cause mighty, but in the sense of knowing and understanding the of trafficking is the demand for services or products created by problem and being able to effectively address its causes. Research trafficked persons. Usually, we speak about demand for sexual is a necessary prerequisite of any serious and comprehensive pre- services and demand for cheap labour driven by the demand for vention strategy. Such research needs to be in-depth, oriented cheap goods and services. Here again, in-depth research is needed towards concrete outcomes, looking into the issue also locally and to fully understand and describe the problem of demand. Moreo- examining its root causes. It is also important to investigate the ver, it is necessary to gain understanding of the motives, situation relations to other phenomena, such as gender discrimination, and questions of the consumers. In the area of the sex business, ethic or social background. Information that can be provided by alternative approaches need to be applied in the varying settings, trafficked persons themselves is an invaluable source. However, as there are countries where prostitution is abolished and coun- when interviewing a trafficked person with the aim to gain infor- tries that regulate the offer of sexual services. Tackling demand mation to be applied in prevention, the principle of sensitivity is from the preventative perspective requires also the process be of utmost importance. By no means shall the trafficked person be carried out in three stages, as I have described previously in con- harmed or repeatedly victimised for the purposes of research. nection to a comprehensive prevention strategy. Research is After having carried out the research, information is available needed to gain information which is then the core of awareness that needs to be provided to the target groups that were identi- raising, education. Further important elements in this area are fied. Information should be provided in accurate, understandable sensitisation and motivation. Rather than repeating myself about and age appropriate manner. If we take the example of at-risk the various aspect of strategy development, I would mention ex- groups, the information that can be provided would be about safe amples of projects tackling the demand side. In several countries, migration and work opportunities; about work contracts, condi- such as Germany, Switzerland, the Netherlands and the Czech Re- tions and labour laws in the place of destination; about places of public, campaigns have been carried out to sensitise and inform help, such as migrant support networks, anti-trafficking organi- clients of sex-workers about trafficking in human beings. Often, sations, embassies; hot-line numbers. their activities were linked to prevention of STI. Use of hot-lines, Awareness-raising and education is the final content of a pre- internet and provision of indicators for recognising trafficked vention strategy. It is the broader addressing of various groups women proved to be a good way to get clients involved in assist- with the information gained in the research. Firstly, we need to ing trafficked women. In terms of tackling demand for cheap identify who is it that we want to reach. Simply put, it is every- labour (cheap goods) connected to forced labour other than body. All layers of society should be made aware of the human sexual exploitation, little best practice is available so far. One rights violations at all stages of the trafficking process in order to practical example is the setting up of a Rugmark brand. A product understand that those who are trafficked are victims of a serious with this brand gives customers assurance that no illegal child crime. At-risk groups need to be made aware of the risks of traf- labour was used in its production. ficking and ways how to realise their migration project safely. As with the prevention of trafficking in general, also when Those in contact with (potential) victims need to be equipped tackling demand it is key to apply a human-rights and non-dis- with information they could disseminate further and know the criminatory approach. Consumers and customers should not be indicators to identify trafficked people. Societies in the countries condemned for their ignorance. Rather we should strive to sensi- of destination should be made aware of working conditions of tise them, motivate them and empower them to take action and migrants. Such violations should be seen as unacceptable in the offer possibilities of how they can play an active role in prevent- public domain. ing and combating trafficking. Before moving onto the two other articles of the Convention, Article 7, Chapter II of the Convention talks about border I would like to stress one important point - the approach to pre- measures. While it is important to incorporate border measures vention and its fundamental principles. The principle of non-dis- into comprehensive anti-trafficking strategies, from the preven- crimination is one of the core principles on which the Convention tion point of view those need not be overestimated. Prevention is based. With regards to the concrete prevention measures, the programmes and campaigns that can be effectively applied at the Article 5 para 3 foresees that all programmes shall promote a border have to be carefully designed. It is of utmost importance human rights-based approach and use a gender mainstreaming to apply a human-rights and non-discriminatory approach to prevent creating adverse effects. Primary level of prevention, in 2. Primary prevention – focusing on preventing the problem from particular through provision of information, proved to be most occuring. In practice mainly focusing on more general awareness fitting to be applied at the borders. It is possible to provide basic raising and informing. information about rights, obligations as well as places of help to Secondary prevention – focuses on at- risk and especially vulnerable groups through needs-tailored activities. the “would be migrants” at the points where they enter the Tertiary prevention – prevention of re-trafficking of trafficked per- country of destination. At the same time, the borders are probably sons, closely connected to protection and assistance measures. the first moment when the migrants encounter authorities of the

18 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division destination country. Creation of “an approachable impression” account. Prevention programmes should be locally oriented in might be key in cases where the migrant is trafficked and will order to reach also people outside of bigger towns, in remote need to seek help. If migrants perceive the authorities as ap- areas where it might be difficult to gain information. proachable, they are more likely to ask for help. An example of a prevention campaign carried out at borders Finally, prevention must not happen in isolation. It is a part of was Operation Pentameter carried out in spring 2006 in the UK. a chain, linked with different actors and having two ends - one in The positive aspects of the campaign were: welcome message countries of destination, the second one in countries of origin. combined with useful information and contacts of places of help; Prevention needs to be anchored within the so called “national 3 message that traffickers are also female. referral mechanism” and interlinked with protection and assist- As I mentioned earlier, border measures must be carefully con- ance to trafficked people. A national referral mechanism is a sidered as to “prevent” the creation of adverse effects. In this bridge between prevention and protection. Proper identification sense the experience of the last ten years shows that preventing of trafficked persons and subsequent adequate assistance is the persons from entering a country does not prevent them from be- beginning of the protection and rehabilitation process as well as coming trafficked. Rather, it might drive them into the hands of prevention of re-trafficking. traffickers while seeking alternative ways to realise their migration project. Thank you for your attention. I will be happy to take your I will conclude by elaborating on three points important in en- questions and also hear about your experience with prevention of suring that a prevention strategy is effective. Specificity is a pre- trafficking. requisite of effectiveness. The measures and activities need to 3. OSCE/ODIHR defines national referral mechanism as a cooperative address the local reality or needs of a given target group. What framework though which state actors fulfil their obligations to pro- works in one country or community might not be completely rep- tect and promote the human rights of trafficked persons, coordi- licable elsewhere. Furthermore, the aspect of access to informa- nating their strategic partnership with civil society, in National tion and obstacles to access information must be taken into Referral Mechanisms, A Practical Handbook.

Measures to protect and promote the rights of victims of trafficking in human beings: Mr Simon Claisse, Legal Adviser, Directorate of Legislation, Ministry of Justice, Belgium I am particularly pleased to be here today to talk about an action to facilitate illegal immigration, who cooperate with measures to promote the rights of victims of trafficking in the competent authorities focuses on the right of residence of human beings provided for by the Council of Europe Conven- victims in connection with the prosecution of the traffickers. tion. Let me thus explain the main measures foreseen in Chapter Indeed, protection and assistance of victims are part of the III of the Convention dedicated to the protection of victims. The Convention’s main purposes and are specific to it. Convention runs along the same lines as the United Nations Re- After reminding us « that trafficking in human beings consti- commended Principles and Guidelines on Human Rights and tutes a violation of human rights and an offence to the dignity Trafficking in human beings, which hold that: « The human and the integrity of the human being;» the Convention’s pream- rights of trafficked persons shall be at the centre of all efforts to ble emphasises that: prevent and combat trafficking and to protect, assist and « …respect for victims’ rights and protection of victims ... provide redress to victims ». must be the paramount objectives». The Convention provides for some basic measures of assis- Likewise, Article 1 states that the purposes of the Convention tance. In some cases, it also foresees additional measures of as- are: sistance. « …to protect the human rights of the victims of trafficking, Let me answer to these two simple questions: design a comprehensive framework for the protection and assis- – What are the measures of assistance? tance of victims and witnesses, ...». And In order to implement these purposes, the Convention dedi- – Who benefits from them? cates a whole chapter, Chapter III, to this issue. Basic measures of assistance It should be noted that the Convention is the only compulsory international legal instrument that focuses on the rights of These measures are mentioned in Article 12, paragraph 1. It victims of trafficking. must be pointed out that the assistance can be provided in coo- Indeed: peration with non-governmental organisations or elements of – the Protocol to Prevent, Suppress and Punish Trafficking civil society engaged in victim assistance. It is nevertheless the in Persons, Especially Women and Children, supplemen- Parties that remain responsible for meeting the obligations in ting the United Nations Convention against Transnatio- the Convention. nal Organized Crime As reminded by the Convention, it is paramount that the services provided to victims are carried out on an informed and – the Council Framework Decision on combating traffic- consensual basis. Thus, for instance, victims must be able to king in human beings agree to the detection of illness such as AIDS for them to be ac- essentially are instruments in criminal matters ceptable. whereas the European Union Council Directive on the resi- Article 12, paragraph 1, lays down that: dence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 19 “Each Party shall adopt such legislative or other measures as lising their presence in the Party’s territory, the various possible may be necessary to assist victims in their physical, psychologi- forms of legal redress, how the criminal-law system operates in- cal and social recovery. “ cluding the consequences of an investigation or trial, the length So, the aim of the assistance provided for in sub-paragraphs of a trial, witnesses’ duties, the possibilities of obtaining com- a. to f. is to “assist victims in their physical, psychological and pensation from persons found guilty of offences or from other social recovery”. The authorities must therefore make arrange- persons or entities. The information and counselling should ments for those assistance measures while bearing in mind the enable victims to evaluate their situation and make an informed specific nature of that aim. choice from the various possibilities open to them. Let us examine the concrete measures foreseen by the Con- Sub-paragraph e. deals with general assistance to victims to vention in order to implement these principles: ensure that their interests are taken into account in criminal First of all, subparagraph a of Article 12 lays down that ac- proceedings. commodation must be “appropriate and secure”. Victims need Sub-paragraph f. recognises the right to access to education adapted and protected accommodation in which they can feel for children. safe from the traffickers. It is essential to provide measures that Another question is: Should other measures be taken? take victims’ safety fully into account. For example, the address It is quite obvious that Parties can always adopt measures of any accommodation needs to be kept secret and the accom- more favourable than those provided for in any part of the Con- modation must be protected from any attempts by traffickers to vention, Parties are thus free to grant additional assistance recapture the victims. measures. In this matter, special protected shelters are especially suita- It must be stressed that this also applies pursuant to the Eu- ble and have already been introduced in various countries. ropean Union Council Directive. The Directive states on its Such refuges, staffed by people qualified to deal with ques- Article 4 that it does not prevent member States from adopting tions of assistance to trafficking victims, provide round-the- or maintaining more favourable provisions for the persons clock victim reception and are able to respond to emergencies. covered by the Directive. The purpose of such shelters is to provide victims with surroun- dings in which they feel secure and to provide them with help Beneficiaries of these measures of assistance: and stability. Another question is: Who benefits from these measures of As a guarantee of victims’ security it is very important to assistance? take precautions such as keeping their address secret and having • Victims of trafficking (Article 12), regardless of the forms strict rules on visits from outsiders, since there is the danger of trafficking: that traffickers will try to regain control of the victim. The pro- • national or transnational tection and help which the refuges provide is aimed at enabling • whether or not connected with organised crime victims to take charge of their own lives again. • regardless of the form of exploitation aimed at by the Psychological assistance is provided to help the victim to Convention (exploitation of the prostitution of others or overcome this trauma and to reintegrate into society. other forms of sexual exploitation, forced labour or serv- The Convention also provides for material assistance because ices, slavery or practices similar to slavery, servitude or the many victims, once out of the traffickers’ hands, are totally removal of organs) without material resources. And also The material assistance provided is intended to give them the • Persons for whom there are reasonable grounds to believe means of subsistence. Material assistance is distinguished from that they have been the victims of trafficking in human financial aid in that it may take the form of aid in kind (for beings as mentioned in the Convention’s provisions on the example, food and clothing). identification process (Article 10, paragraph 2) and the Sub-paragraph b provides for emergency medical treatment reflection period (Article 13, paragraph 2) to be available to victims. Medical assistance is often necessary Thus, the Convention’s provisions clearly are protective. Ac- for victims of trafficking who have been exploited or have suf- cording to the Convention, if there is any reasonable doubt con- fered violence. cerning whether the person is a victim or bot, the person should Under sub-paragraph c, language aid is to be provided to nevertheless be considered as a victim. victims because many victims do not speak, or barely speak, the This brings me to have a few words on the identification of language of the country they have been brought to for exploi- victims. This issue is examined in Article 10 of the Convention. tation. Ignorance of the language adds to their isolation and is Indeed, to protect and assist trafficking victims it is of para- one of the factors preventing them from claiming their rights. mount importance to identify them correctly. In such cases language aid is needed to help them with formali- Identification of victims is crucial, is often tricky and neces- ties. sitates detailed enquiries. Failure to identify a trafficking victim Sub-paragraphs d. and e. deal more specifically with assis- correctly will probably mean that victim’s continuing to be tance to victims in the form of supply of information. denied his or her fundamental rights and the prosecution to be Hence, sub-paragraph d. provides that victims are to be given denied the necessary witness in criminal proceedings to gain a counselling and information, in particular as regards their legal conviction of the perpetrator for trafficking in human beings. rights and the services available to them, in a language that The Convention addresses the fact that national authorities they understand. are often insufficiently aware of the problem of trafficking in The information deals with matters such as availability of human beings. Victims frequently have their passports or iden- protection and assistance arrangements, the various options tity documents taken away from them or destroyed by the traf- open to the victim, the risks they run, the requirements for lega- fickers. In such cases they risk being treated as illegal

20 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division immigrants or illegal workers and being punished or returned to In addition, each Party has to adopt the rules under which their countries without being given any help. victims lawfully resident in the Party’s territory are allowed To avoid that, the Convention requires that Parties provide access to the labour market, to vocational training and to edu- their competent authorities with persons who are trained and cation. These measures are desirable for helping victims reinte- qualified in identifying and helping victims and that they ensure grate socially and more particularly take greater charge of their that those authorities cooperate with one other as well as with lives. However, the Convention does not establish an actual relevant support organisations. right of access to the labour market, vocational training and Identifying a trafficking victim is a process which takes time. education. It is for the Parties to decide the conditions gover- It may require exchange of information with other countries or ning access. Nevertheless, these conditions can’t be restrictive with victim-support organisations. Many victims, however, are to the extent of ignoring the purpose and the aim of the Con- illegally present in the country where they are being exploited. vention. Article 10 paragraph 2 seeks to avoid their being immediately removed from the country before they can be identified as vic- Beneficiaries of these measures of assistance: tims. Chapter III of the Convention secures various rights to Another question is: Who benefits from these measures of people who are victims of trafficking in human beings. Those assistance? rights would be theoretical and illusory if such people were The answer is: Persons who legally stay on the territory, for removed from the country before identification as victims. instance, nationals or persons who can stay on other grounds, Under the Convention, if there are “reasonable” grounds for for example citizens of the European Union who benefit from believing someone to be a victim, then that is sufficient reason free movement. not to remove them until completion of the identification The victims who have a residence permit aimed at Article 14 process establishes conclusively whether or not they are victims of the Convention also benefit from these measures. of trafficking. This residence permit meets both victims’ needs and the re- Children need special protection measures. However, it is so- quirements of combating the traffic. Immediate return of the metimes difficult to determine whether someone is over or victims to their countries is unsatisfactory both for the victims under 18. The Convention consequently requires Parties to and for the law-enforcement authorities who try to combat the presume that victims are children if there are reasons for belie- traffic. For the victims this means having to start again from a ving that to be so and if there is uncertainty about their age. failure. A further factor is fear of reprisals by the traffickers, Until their age is verified, they must be given special protection either against the victims themselves or against family in the measures, in accordance with the rights as defined, in particular, country of origin. For the law enforcement authorities, if the in the United Nations Convention on the Rights of the Child. victims continue to live clandestinely in the country or are To conclude about these measures of assistance, I would like removed immediately they cannot give information for effecti- to underline that they do not depend on: vely combating the traffic. • the victim’s willingness to act as a witness, Consequently, the two criteria laid down in Article 14 para- • the lawfulness of the victim’s residence on the territory. graph 1 for issue of a residence permit are that either the vic- This means that a victim should be protected and assisted on tim’s stay be “necessary owing to their personal situation” or his/her quality as a victim independently of the fact that he/she that it be necessary “for the purpose of their cooperation with collaborates with the authorities for the purposes of investiga- the competent authorities in investigation or criminal procee- tion. dings”. This also means that a victim of trafficking should benefit at The personal situation criterion takes in a range of situations, any time from these basic measures of assistance even though depending on whether it is the victim’s safety, state of health, the victim does not have a legal residence on the territory (any family situation or some other factor which has to be taken into more). account. However, the lawfulness of the stay on the territory could be The criterion of cooperation with the competent authorities taken into account regarding the granting of important additio- has been introduced in order to take into account that victims nal measures of assistance. are deterred from contacting the national authorities through the fear of being immediately sent back to their country of Additional measures of assistance origin as illegal entrants to the country of exploitation. Additional measures of assistance are foreseen for the The Parties are free to choose between granting a residence victims staying legally on the territory. So the Convention holds permit in exchange for cooperation with the law-enforcement that: authorities and granting a residence permit on account of the • each Party shall provide necessary medical or other assist- victim’s needs, or to adopt both simultaneously. ance to victims who do not have adequate resources and It should be noted that the Parties have no choice regarding need such help children. The only applicable criterion is their best interests. This and that applies to the issue of the permit as well as to its renewal. • each Party shall adopt the rules under which victims law- As for the adults, the Convention leaves a larger flexibility to fully resident within its territory shall be authorised to the Parties. It states that the permit must be renewable. The have access to the labour market, to vocational training conditions of its renewal, however, are settled by the internal and education law of the Parties. So, if the victim legally stays on the territory, the foreseen The Convention leaves the length of the residence permit to medical assistance exceeds the simple emergency medical assis- the Parties’ discretion. However the Parties must set a length tance. compatible with the provision’s purpose. By way of example, the

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 21 European Union Council Directive on the residence permit sets a As I already said previously, the victims are entitled to the minimum period of 6 months. basic measures of assistance provided for by the Convention According to paragraph 4, a Party granting a residence during the reflection period. Indeed, it is essential for the permit takes that into account when the victim requests victims not to be resourceless at the time of risk of falling back another kind of residence permit, for instance, a long term resi- into the traffickers’ hands. They will be entitled to all measures dence permit. Where a victim applies for this kind of residence of assistance when the residence permit aimed at in Article 14 is permit, paragraph 4 encourages Parties to have regard to the granted to them. applicant’s having been a victim of trafficking in human beings. Finally, the duties of the State Parties do not stop when the However, it does not place any obligation on the Parties to grant victim’s return to their country is decided. In this way, Article 16, another kind of residence permit to persons who have received a paragraph 2, notably holds that “such return shall be with due residence permit under paragraph 1. regard for the rights, safety and dignity of that person”. Such a Whatever system the Parties have chosen, when victims of provision confirms the States’ responsibility to protect the secu- trafficking staying illegally on the territory are found, it is rity of persons. In the framework of trafficking in human beings, inhuman to immediately expel them to their country or unrea- the traffickers located in the country of origin could endanger listic to think that they are able to take an immediate decision this security. It is therefore important to have in mind the case on cooperating with the law enforcement authorities in order to law of the European Court of Human Rights regarding article 3. prosecute the traffickers. Hence, in the case Soering v United Kingdom (7 July 1989, series Article 13(1) accordingly introduces a recovery and reflec- A n° 161), in the context of extradition, the Court found that tion period WHEN THERE ARE REASONABLE GROUNDS TO BELIEVE THAT “such a decision may give rise to an issue under article 3 and THE PERSON CONCERNED IS A VICTIM during which the person is not hence engage the responsibility of that State under the Conven- removed from the Party’s territory. tion, where substantial grounds have been shown for believing Each Party sets this reflection period but it must be: that the person concerned, if extradited, faces a real risk of being subjected to torture or to inhuman or degrading treat- • sufficient for the person concerned to recover and escape ment or punishment”. In the case Cruz Varaz and others v the influence of traffickers and/or to take an informed Sweden (20 March 1991, series A, n° 201) the court has decided decision on cooperating with the competent authorities that these principles apply also to deportation. In the case D.v AND United Kingdom (2 May 1997, compendium of judgments and • at least 30 days long decisions, 1997-III), it was decreed that the responsibility of Victims recovery implies recovery from the physical assault States Parties is also engaged when the alleged ill treatments which they have suffered. That also implies that they have reco- did not follow directly or indirectly from public authorities of vered a minimum of psychological stability. the destination country. Consequently, if 30 days are not enough for the victim to recover and escape the influence of traffickers and/or to take an Conclusion informed decision on cooperating with the competent authori- To conclude, I would like to point out that the Convention ties, the Party must grant a longer reflection period. holds other measures of protection and assistance of victims Thus, a three-month period was referred to in the declara- that I had no time to broach. These measures concern for ins- tion of the 3rd Regional Ministerial Forum of the Stability Pact tance the specific situation of women and children, the protec- for South-Eastern Europe (Tirana, 11 December 2002). The tion of victims’ privacy, their compensation and the measures to Group of Experts on trafficking in human beings which the Eu- be taken regarding their repatriation. ropean Commission set up by decision of 25 March 2003 recom- The Convention is a global instrument trying to tackle every mended, in an opinion of April 2004, a period of at least aspect of trafficking: prevention, protection of victims and 3 months. sanction of traffickers. Let me emphasise too that this period allows the victims to However, the highly developed and legally compulsory part decide on cooperating with the law enforcement authorities in on the protection of victims specifically distinguishes it from order to prosecute the traffickers. Therefore, the period is likely the other international instruments. to make the victim a better witness: statements from victims Obviously, the States’ concern to struggle against criminality wishing to give evidence to the authorities may well be unrelia- is perfectly legitimate. What makes trafficking so special is that ble if they are still in a state of shock. From this point of view, it is a crime that constitutes a particularly serious offence to the the victims and the authorities have the same interests. dignity and fundamental rights of the victims. The States have Paragraph 3 of Article 13, allows Parties not to observe this the moral duty of giving assistance to these victims so that period if grounds of public order prevent it or if it is found that these rights do not remain theoretical and illusory. The Conven- victim status is being claimed improperly. This provision aims to tion turns this moral duty into a legal obligation. guarantee that victims’ status will not be illegitimately used. I think that protecting the rights of the victims and strug- I think that the Parties could not refer to this paragraph but gling against trafficking, far from being incompatible, go hand very restrictively. For example, for the urgent necessities of in hand and strengthen each other. public order. Indeed, arguing, for instance, that the questions This is the reason why I would like as a conclusion to encou- relating to the access to and the stay on the territory are ques- rage the representatives of the Signatory States of the Conven- tions of public order with a view of refusing to grant a 30-day tion to do their best to ratify the Convention as quickly as reflection period would render Article 13 meaningless. Such an possible and hence to join the 3 States that have already ratified interpretation would be contrary to the purpose and the aim of it so that we can reach the threshold of 10 ratifications neces- the Convention. sary to allow its entry into force.

22 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division The Criminal Aspects of Trafficking in Human Beings: Ms Stefica Staznik, Assistant Minister, Ministry of Justice, Croatia

Mr Chairperson, distinguished Colleagues, Ladies and Gentle- ternal law and consequently punish perpetrators, be they men, natural persons or legal entities, in the court proceedings. At the outset, allow me to express my gratitude to the orga- It may not be an easy task for the police or judicial authori- nisers of this event, the Cyprus Government, particularly the Mi- ties to define trafficking in human beings as it is a complex nistry of the Interior and the Council of Europe that made the crime. It contains a combination of elements that together effort to actively involve themselves in the campaign to combat make a criminal offence, and not the elements taken in isola- trafficking in human beings. tion. In recent years, trafficking in human beings, especially traf- Therefore, it would be wrong to read the Convention in a way ficking of women and children, has assumed alarming propor- that it creates an obligation upon the States to take, for tions. The complexity of the issue and multiplicity of factors example abduction, deception, forced labour, slavery or exploi- that cause it (such as poverty, social exclusion, gender inequa- tation of the prostitution individually. On the contrary, the lity) and the frequently noticed transnational character of this combination of these elements certainly may and in most cases phenomenon closely connected with organised crime, deman- do constitute trafficking in human beings. ded and still does demand a serious approach by the internatio- Criminalisation refers not only to persons who execute the nal community. crime. It extends also to actions of attempting, aiding or abet- That has resulted in the recognition of trafficking as one of ting trafficking (Art.18, 21). the most serious human rights violations in the modern world, During the negotiations of the Convention, the Drafting and urged the creation of international legal instruments to Committee discussed on several occasions the issue of criminali- combat it. Also, it contributed to the strengthening of national sation of the use of services of the victim, as one of the measu- legislations as trafficking can also occur within the borders of res that may discourage demand. one country. After careful examination of all pros and cons, the consensus The importance to recognise trafficking in human beings, was reached to oblige the States to make it a criminal offence punish the responsible while protecting the rights of victims, (Art. 19 “… shall consider adopting such legislative measures as and prohibit and prevent trafficking is constantly rising. may be necessary to establish criminal offence”) under its inter- The Council of Europe Convention on Action against Traffic- nal law, only if the person using the services of a trafficked king in Human Beings is the latest international legal act in res- victim knows that the person in question is a victim of traffic- ponse to this growing violation of human rights. king. Why did not the Convention itself explicitly criminalise the The Convention reinforces the already existing actions use of services of the victim? against trafficking and provides for the protection of victims The reasons for that are as follows: rights while aiming at a proper balance between respect for – A binding provision, although it seems to give an added human rights and prosecution matters. It also creates a compre- value to the Convention, could have an opposite effect hensive set of obligations imposed upon the states to tackle this and may contradict one of the fundamental ideas of the issue, especially in the area of criminal law. Convention, that is, the punishment of traffickers and the Firstly, it provides the definition of trafficking (Art. 4) protection of victims. which has been widely accepted by the international commu- In the case of a binding provision (Art. 19), situations where nity. The definition was taken from the UN Protocol to Prevent, the owner of a business who knowingly used trafficked persons Suppress and Punish Trafficking in Persons, especially Women made available by a trafficker, would not be a liable under Art. and Children and clearly distinguishes between trafficking and 18 (no recruitment of trafficked persons, nor use of other smuggling. means referred to in the definition of trafficking). The owner of In the past, trafficking tended to be confused with “smug- a business would be guilty only of using the services of already gling” of human beings. The UN Protocol against Smuggling of trafficked persons. Migrants, by Land, Sea or Air developed the definition of smug- – The provision as stands is not concerned with using the gling that differs from trafficking. services of a prostitute as such. The Convention is concer- It should be noted that trafficking can take place within the ned with the exploitation of prostitution of others and borders of a country or it can be committed internationally, other forms of sexual exploitation only in the context of whilst smuggling requires only international movement. trafficking in human beings. Trafficking includes exploitation of trafficked person, while Therefore, the drafters of the Convention opted for a solu- smuggling provides only for illegal entry. tion which encourages the States to adopt measures that would Trafficking also includes the use of coercion or deception, discourage the demand, without making it a binding provision. while smuggling is a voluntary act. It is important to emphasise that nothing precludes the The above-mentioned distinctions are very important in States from going beyond the Convention text and include in combating against this modern form of slavery as they assist the their respective laws binding provisions dealing with the issue of police to identify victims of trafficking and, at a later stage, the criminalisation of the use of services of victims. However, they judiciary to investigate, prosecute and punish the responsible. should carefully consider how that would affect collection of Secondly, the CoE Convention calls upon the States to es- evidence by the police or investigative bodies. To prove that a tablish trafficking in human beings as a criminal offence user was aware that the person was a victim of trafficking may (Art.18 identical to Art. 5 of the Palermo Convention) in their in- cause real difficulties for the prosecution.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 23 Nevertheless, everything that has been said above should not used as a cover (travel agencies, escort services, matrimonial be a conclusive argument for not treating this conduct as a cri- agencies). minal offence. The Convention provides for sanctions that should enable confiscation of proceeds from crime or of property of a corres- Criminalisation of other actions related to trafficking ponding value, as well as the closure of establishments used to Traffickers often take away identity papers and travel docu- carry out trafficking, since it has been proven that these measu- ments from victims, and/or provide them with false documents. res could be an effective anti-crime weapon. This is how they make victims even more vulnerable and depen- In the process of drafting the Convention, particularly the dent. provisions dealing with sanctions and measures, other Council The Convention distinguishes such activities and defines of Europe legal instruments were examined and some legal them as a criminal offence. Therefore, the activities of commit- notions were taken on board that enriched the Convention with ting, attempting, aiding, or abetting forgery of travel or identity the latest developments in the field of extradition (the CoE Con- documents, procurement of such documents, retaining, remo- vention on Extradition) or in the field of the confiscation of the ving, concealing, damaging or destroying such documents (all proceeds of crime (the CoE Convention on Laundering, Search, the acts that relate to travel or identity documents) are stipula- Seizure and Confiscation of the Proceeds from Crime). ted in the Convention as criminal offences. The Convention also defines aggravating circumstances in All of them have to be committed intentionally and for the which the crime has been committed. Such circumstances shall purpose of enabling trafficking in human beings (Art. 20 – 21). be taken into account when one (judge) determines the penalty for the committed crime of trafficking. Criminalisation of legal persons These are as follows: The Convention also makes legal persons liable for the offen- – if the offence was committed deliberately or by gross ces performed on their behalf by anyone having a leading role in negligence endangering the life of a victim, if the victim the company or association (Art. 22). Recognising corporate lia- is a child, if the offence was committed by a public offi- bility, the Convention additionally strengthens criminalisation cial performing his/her duties or if the offence was com- by widening the range of persons (legal or natural) as potential mitted by a criminal organisation. perpetrators. Such an approach gives more elements to deal The question of previous convictions was also examined and with trafficking committed within the framework of organised the Convention opted for the principle of international recidi- crime, which occurs more and more often. vism. This being said, the Convention (Art. 25) provides for the To hold a legal entity liable for trafficking, the offence must possibility to take into account final sentences passed by have been committed for the benefit of this legal entity. The another State Party in assessing the sentence. This includes pre- person in a leading position must have committed the offence vious convictions based on the national implementation of and this person must have acted on the basis of his powers in Article 18 (criminalisation of the traffickers) and Article 29a this entity. (criminalisation of acts related to the forging of travel docu- If a crime is committed by another person acting on behalf ments or identity cards). of the entity, the same rule applies under the condition that the commission was made possible because the leading person Criminal proceedings failed to supervise the employee, or did not take appropriate and reasonable measures to prevent the employee from com- Investigation and prosecution mitting the crime. In order to enable effective investigation and prosecution, The liability of a legal entity could be criminal, civil, or admi- the Convention adopts provisions that encourage victims and nistrative, open to the decision by every State Party to the Con- witnesses of trafficking to report it. But, it also establishes pro- vention. visions that do not depend on a report or accusation by a victim only, which is another step forward (Art.27 Para 1). Both op- Sanctions and measures brought against those responsible for tions, reporting ex officio or ex parte, are possible. trafficking In order to encourage victims to come forward and inform The crucial basis for efficient prosecution of traffickers and authorities about the crime, the Convention provides for the others involved in the crime of trafficking in human beings is a possibility of not imposing penalties on victims for their invol- credible justice system. The jurisdiction to investigate, prosecute vement in unlawful activities to the extent that they have been and punish those responsible needs to set out clear responsibili- compelled to do so (non- punishment clause). ties of all actors involved. Sanctions and measures should be ef- Another achievement to encourage victims to report traffic- fective, proportionate and dissuasive, regardless of their king in human beings is that a victim can lodge a complaint criminal, administrative or civil nature. with the competent authorities in her/his country of residence. The Convention promotes these principles with a range of If this authority does not have jurisdiction in the matter, it must provisions that cover the situations where a natural person or a forward the complaint without delay to the competent body in legal entity is liable for trafficking. the State Party in whose territory the crime was committed. In the case of a natural person being a perpetrator, penalties The Convention ensures the possibility that the NGOs dealing involve the deprivation of liberty, which can give rise to extradi- with the suppression of trafficking in human beings can have an tion and monetary sanctions. active role during criminal proceedings. They can assist or Trafficking is a criminal activity that nearly always involves support the victim (with her/his consent) during the procee- financial profit and existence of establishments which may be dings (Art. 27.3).

24 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Court proceedings sical violence, genital mutilation, rape or trafficking for sexual Court proceedings in the matters of trafficking in human purposes. beings must be carried out in a way to protect victims privacy The rights of the accused should also be respected. The and ensure their safety, in accordance with the conditions accused should have the right to a fair trial and other rights defined in the internal law of the State Party to the Convention. guaranteed by the European Convention of Human Rights and Each State can employ the means that it consider best to Fundamental Freedoms and other human rights instruments. achieve the Convention’s objectives (protection of victim, pu- In any case, all the steps have to be carried out in accordance nishment of traffickers). The Convention itself affords particular with the existing international human rights law. attention to witnesses, taking into account their vulnerability when they are exposed in the court proceedings. Instead of a conclusion: Although victims of trafficking can be crucial witnesses in Inspired by the Convention, I would like to emphasise that in judicial proceedings, the Convention does strike a balance order to ensure long life of the principles and provisions set between the requirements of the criminal proceedings and the forth in the Convention, the States should ratify the Conven- protection of victims’ human rights. tion. It does provide for support to victims and their family members, witnesses and collaborators with judicial authorities, For all the above mentioned measures against trafficking to members of organisations supporting victims during judicial become operational, it is of crucial importance to train well the proceedings. They can receive protection including physical pro- police, judiciary and law enforcement authorities. Training tection, relocation, identity change and job assistance. should follow newest developments in the suppression of this The Convention also recognises special needs of children, and phenomenon that quite often changes its modus operandi and explicitly stipulates that for a child victim, special protection should be organised to a certain extent together for all those in- measures shall be afforded taking into account the best interest volved in the criminalisation of trafficking. of the child. Equally important is to establish effective communication As to women victims of trafficking, one of the purposes of and coordination among the bodies specialised in the fight the Convention is to prevent and combat trafficking while gua- against trafficking, exchange information and best practices ranteeing gender equality. The principle of gender equality among them at local, national and international levels. should be promoted through all the actions and measures provi- This all could contribute to a more effective implementation ded by the Convention, especially by supporting specific policies of the Convention, once the Convention enters into force. for women who are more likely victims exposed to torture, phy- Thank you for your attention.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 25

Actions to combat trafficking in human beings carried out by the Commissioner for Human Rights

Ms Sirpa Rautio, Advisor, Office of the Commissioner for Human Rights, Council of Europe

On behalf of the Commissioner for Human Rights, Mr this Seminar, except Ireland, where the Commissioner has not Thomas Hammarberg, I should like, first of all, to express his yet paid an official visit. strong support to this Campaign to combat trafficking in Although the Commissioner has been able to note, in his Human Beings and his wish to see the Convention on trafficking assessments, the increasing awareness of the problem and has in human beings entering into force as soon as possible. complemented the efforts made in many countries, one of his Let me also convey our sincere gratitude to the colleagues general observations has been the great distance between from the Equality Division (DG II) and to the Cypriot authorities efforts and concrete results. This has been in many cases illus- for having organised this event. One can only hope that it will trated not only by the official statistics but also by testimonies lead to the signature and ratification of the Convention by all given by NGOs working with the victims. the States represented here today that have not already done so. Indeed, many of the victims of trafficking are often not I would like to start by making some general observations identified as such. They are in many cases still treated as illegal concerning the efforts made in combating trafficking in human foreigners and/or prostitutes, sometimes as criminals, and as a beings in the last few years. result, end up being locked up and deported. Nobody knows the full scale of this problem, as these victims fall through the pro- I will then move on to describe the activities of the Com- tection mechanisms intended to be in place for them. But sadly, missioner for Human Rights in this area and how we see our role the reality today across Europe is that a significant number of in these efforts, among other international actors. victims of trafficking are still not identified and do not receive Undoubtedly, over the past few years, great efforts have adequate – or any – protection and support. been made in the member states of the Council of Europe in the To be able to bridge the gap between the standards – the struggle against trafficking in human beings, both by govern- Conventions and national laws - and the reality, we must try to ments as well as non governmental organisations. As a result, understand the reasons behind it. there is an increasing awareness about the gravity of the situa- It seems clear that action against trafficking is influenced tion and the need for more effective action. by restrictive policies on immigration at the European and na- New international instruments have been adopted, first tional level. Combating trafficking in human beings is still not the Palermo Convention and Protocol and in 2005, the Council high in European States’ agendas, compared to the efforts made of Europe Convention on Action against Trafficking in Human in finding and deporting undocumented or irregular aliens, or Beings, the promotion of which is the focus of this seminar. In preventing their entry. In this context, cases of trafficking in recent years, the EU has also created its own legal framework. human beings, and consequently victims of trafficking, are not The process of harmonisation of national legislation has been properly identified. achieved or is now underway in most of the Council of Europe Moreover, when combating trafficking in human beings, member states. the priority tends to be on prosecution. As such, nothing is Reflecting on these developments, the Commissioner for wrong with this, it is even necessary. The question is how this is Human Rights has also paid increasing attention to the issue of done. Experience and evidence suggest that successful efforts to trafficking in human beings during his country visits. In fact, in combat trafficking cannot be based only on prosecution of the over 20 of the Commissioner’s reports an assessment of the re- perpetrators. Often, the prosecution efforts are targeting the sponses to combat trafficking has been included as part of an “small fish”, the petty criminals in the chain of trafficking, overall assessment of the situation of human rights in the which has almost no impact on the phenomena and the criminal member states. Information about responses to trafficking in activities as such. Moreover, prosecution itself is not successful human beings can be found on all the member states present in without a co-ordinated strategy, which requires a mix of differ-

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 27 ent actions and policies, including protection and support for tion fund. More recently, CM Recommendation (2006) 8 goes victims, social policies and regulations, which allow for resi- even further by stipulating that Member States should adopt a dence status, and a permanent co-operation between police, compensation scheme for the victims of crimes committed on prosecution, judiciary and support agencies. their territory, irrespective of the victims’ nationality. The main reason for the lack of effectiveness of anti-traf- The Council of Europe Convention contains, therefore, ficking measures would seem to lie, in our view, in the fact that the basic standards of protection and assistance. In some areas, the human rights of the victim have not been central to policies the member states have various options (such as for the issu- and strategies in this area. In this connection, it is worth noting ance of residence permits) and indeed, some member states in that the new Council of Europe Convention is grounded, pre- their national legislation go beyond the generally agreed cisely, on a human rights approach, which is one of the main minimum Convention standards, as encouraged by the Commis- achievements of the Convention. sioner. The question we need to ask ourselves is: How can the Finally, as the Commissioner often states in his reports, rights of the victim be ensured in practice? We all recognise that adoption of an action plan and/or a specific legislation are just trafficking is a very complex phenomenon, from the social, po- the very first steps. First of all these instruments need to be con- litical, as well as criminal point of view. But we should not com- stantly updated, to adapt to new techniques used by traffickers, plicate further by mixing it up with issues, such as prostitution new situations. But as the CoE Convention clearly states in its and immigration. Article 5, prevention of trafficking in human beings requires Action to combat trafficking needs to be based on the also and above all co-ordination and co-operation. respect of the human rights of the victims, i.e. trafficked per- Co-operation at national level between the different sons, in accordance with Article 4 (e) of the Council of Europe competent Ministries. Therefore, the Commissioner had always Convention. Protection of victims should therefore be at the welcomed the establishment of inter-ministerial structure to centre of every action in this area. co-ordinate and reinforce the work accomplished by responsible Which are the human rights of the victim of trafficking Ministries as it is the case in Greece. that need to be protected? A presentation was already dedi- Co-operation between all the public entities since iden- cated to this issue, but I would like, however, to repeat some of tification and protection of victims, training of law-enforce- them. ment authorities as well as raising public awareness require the Right to safety - States are obliged to ensure that people involvement of all public actors at national, regional and local under their jurisdiction are prevented from being subject to level. serious forms of offence against their physical integrity. Specific Co-operation with the civil society. NGOs play a funda- protection is required for victims at risk of intimidation, retalia- mental role to run protection and assistance programmes, to tion or repeated victimisation. The CoE Convention underscores, provide legal assistance, accommodation or psychological sup- in its Article 28, that Contracting Parties are bound to provide port. Their role is also crucial in raising awareness and lobbying victims – including family members - with an effective protec- for the full implementation of standards as defined in treaties tion from potential retaliation or intimidation. and laws. As already explained here by a previous speaker, we Right to a residence status - In the case H.R.L. v. France – must listen to those who know what is happening on the (29 April 1997) the ECHR already stated that deportation is not ground. That is often the NGOs, who are in direct contact with admissible when the person is exposed to retaliation by individ- the victims. uals in the country of origin. This principle - established in the Co-operation at international level. To fight trafficking case of a person convicted of a drug trafficking offence – would one has to tackle the root causes of the phenomena, both in seem to be also applicable, with an even greater reason, to countries of destination and origin. Countries of destination victims of trafficking in human beings. should work closely with countries of origin and of transit. Traf- The CoE Convention provides for the possibility to issue a ficking is a transnational phenomenon and trying to resolve it residence permit to victims. On several occasions the Commis- only at national level will automatically lead to failure. Ex- sioner has recommended to Member States to generously go change of information between the countries, co-operation beyond their formal obligations in this respect and accept to between police and prosecutor offices as well as guaranteeing issue residence permit taking into account the situation of the an adequate return of the victims in his/her country of origin victims and not only the need for him or her to stay in the are some of the elements that the Commissioner recommended country for procedural reasons. in his reports. Right to criminal proceedings – According to the case- law of the ECHR, the victim of a crime, including the trafficking The role of the Commissioner victim, has the right to an adequate, effective and quick investi- One of the ways by which the Commissioner for Human gation. Rights works towards improvement of Human Rights situations The CoE Convention provides for the obligation of coun- in the Council of Europe member states is through his dialogue tries in the territory of which the offence has been committed with governments and by elaborating country-specific reports to investigate and prosecute regardless of the attitude of the following his country visits. He also raises human rights issues victim. The latter shall be assisted and supported in submitting and concerns by speaking at meetings and conferences, inform- his/her complaint if he/she so wishes, including from a foreign ing the public through media and through publishing his views territory. on the website. In addition to dealing with trafficking in human Right to compensation - The CoE Convention compels beings in his reports, the Commissioner is soon to publish a Contracting Parties to provide that victims will enjoy the right Viewpoint on trafficking in human beings on his website, which to compensation from perpetrators or from a victim compensa- will focus in particular on the aspect of prevention.

28 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Whilst the CoE Convention monitoring body is estab- ing body, build upon its findings and conclusions and focus his lished – the GRETA– the Commissioner will continue filling the continuous dialogue with domestic authorities on the results of gap in assessing the situation with regard to anti-trafficking the work of GRETA, as he does with other CoE and intergovern- measures, identifying shortcomings and recommending im- mental bodies. provements in the Council of Europe member states. After that, the Commissioner will be able to co-operate with the monitor- Thank you for your attention.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 29

Actions to combat trafficking in human beings carried out by the Parliamentary Assembly of the Council of Europe

Ms Ingrida Circene, EPP/CD, Latvia, Member of the Committee on Equal Opportunities for Women and Men, Parliamentary Assembly of the Council of Europe Ladies and Gentlemen, Italy but the traffickers caught up with her and she was forced Thank you for giving me the opportunity to address you to become a prostitute again and to report on everything the at this seminar. other women in the network did. It was also her job to collect May I introduce myself: I am a Latvian MP and a member the proceeds from their prostitution and turn the entire sum of the Committee on Equal Opportunities for Women and Men over to the “head” of the network. J. was arrested by the French of the Parliamentary Assembly of the Council of Europe. police and taken into custody with other members of the net- It is a great pleasure for me to explain to you the various work, who continued to subject her to violence and to threaten measures being taken by the Parliamentary Assembly of the her in writing that they would take it out on her family back Council of Europe to combat trafficking in human beings. Let home if she did not testify on their behalf. While in prison, she me first reassure you that we, at the Assembly, are fully aware tried to commit suicide. In both the police report and the final that trafficking in human beings is an unacceptable violation of judgment, it was acknowledged that J. was a victim of traffick- human dignity and of human rights. ers who had committed the offence of living off immoral earn- Young, and even very young women, who have almost no ings with aggravating circumstances (violence and coercion). financial resources or have already been sexually abused, are The court had proof of the threats against her. Nevertheless, she often easy victims. They dream of a better life and this is prom- herself was convicted of living off immoral earnings with aggra- ised to them by traffickers, who suggest that they come and vating circumstances. The court sentenced her to 18 months' "work" in Western Europe. Instead of being given a real job, immediate imprisonment and ordered her permanent exclusion however, these women and girls are caught in a trap: they are from France. reduced to a form of slavery and are often forced to become This is what is happening nowadays in our member states: prostitutes. because there is no real political resolve or means to identify the Before explaining what the Assembly has done, I would victims of people trafficking, such people are treated as crimi- like to tell you the story of a victim of trafficking that my Swiss nals. colleague, Mrs Vermot-Mangold, the rapporteur of the Assem- This is not a unique case. As many organisations have bly on Trafficking, sometimes mentions. By delivering you this pointed out, it is only the tip of the iceberg. Indeed, for reasons example4, I want you all to realise that urgent action is neces- I do not need to explain, many victims are unable to lodge a sary. complaint with the police or to report the traffickers, who have terrorised them and threatened to take revenge either on them 1) One example to show that victims should not be re-victimised or their families.

J. is from an East European country. After both her 2) The involvement of the Assembly in elaborating a new and husband and her father died in the Balkans conflict, she was ap- stronger Convention on Trafficking in Human Beings proached by a man from her home town who suggested that she should leave for France where she could find work in a hotel. To come back to the title of my speech, and as I said in my Once she had arrived in France, she was beaten, locked up and introduction, taking action against people trafficking has long then forced to become a prostitute. She managed to escape to been and still is one of the Assembly's main concerns. It has been on the Assembly's political agenda for several 4. This example is taken from a report by Amnesty International in years now. In Recommendation 1325 (1997) on “traffic in respect of France http://www.amnesty.fr/index.php?/amnesty/ women and forced prostitution in Council of Europe member s_informer/la_chronique/fevrier_2006_sommaire/france_traite states”, the Assembly asked the Committee of Ministers to draw

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 31 up a European convention on traffic in women and forced pros- One hundred and two members of the Parliamentary As- titution. In 2002, the Assembly reiterated its request for a new sembly also signed written declaration No. 376 “Ending all forms convention in Recommendation 1545 (2002), entitled “Cam- of human trafficking”6, in which they undertake to ask their paign against trafficking in women”. government to sign the Convention and their parliament to When the Committee of Ministers decided to draw up a ratify it. new convention on action against trafficking in human beings, The Committee on Equal Opportunities for Women and the Assembly took an active part in the drafting of the text, Men has also set up in April 2006 a Sub-Committee on traffick- under the supervision of the CAHTEH, the Ad hoc Committee on ing in human beings. Action against Trafficking in Human Beings. The Assembly also The Sub-Committee strongly supports the aim of the adopted an opinion (No. 253 (2005)) on the draft Convention campaign to promote the widest possible signature and ratifica- and a recommendation (1695 (2005)) in which it asked the tion of the Council of Europe Convention on Action against Committee of Ministers to strengthen the draft Convention Trafficking in Human Beings in order that it may enter into force before opening it for signature, stressing the need to protect the at the earliest opportunity and intends to play an active part in victims of trafficking. promoting such signatures and ratifications. The Assembly is pleased that its request has not remained At its meeting in Strasbourg on 29 June 2006, the Sub- a dead letter. On the contrary, the Committee of Ministers has Committee organised a screening of a Euronews Report and pre- responded to specific requests and I would particularly like to sented the main provisions of the Council of Europe Convention point out that it has established a thirty-day period of reflection against Trafficking in Human Beings. and recovery to assist the victims of trafficking. States should 4) The most recent actions of the Assembly in 2007: the launch of therefore ensure that their national legislation provides for such the Handbook7 for parliamentarians a period, which I believe is very important to enable victims to recover or at least begin to recover from the ill treatment to This handbook for parliamentarians on the Council of which they have been subjected. I am very pleased that the Europe convention was officially launched on 24 January 2007 Committee of Ministers responded wisely to the Assembly's re- by the President of the Assembly, Mr René van der Linden, in the quest. Those who are aware of the physical and psychological vi- presence of Ms Maud de Boer-Buquicchio, Deputy Secretary olence to which victims are subjected, know that a minimum General of the Council of Europe and Ms Eva Biaudet, OSCE amount of time is necessary to allow them to recover physically Special Representative on Combating Trafficking in Human and begin to trust the authorities and the other people trying to Beings. The President proposed to send a letter to the Speakers help them. of those parliaments that have not yet ratified the Convention. I am also extremely pleased that the Convention provides This Handbook is intended as a practical tool for parlia- that there should be no dual criminal liability for the victims of mentarians but can be used by anyone, from Governments or people trafficking who, owing to their position as victims, have civil society, who wants to explain and promote the Convention. been forced to commit offences under duress. Indeed, it is designed to suggest working approaches for people who want to combat this scourge and promote the Con- I firmly believe that this Convention is a major step vention. It comprises an outline of the phenomenon of traffick- forward in trying to combat people trafficking and protect vic- ing in human beings, a description of the main provisions of the tims. Compared to existing legal instruments on this subject, in Convention - concerning the prevention of trafficking, the pro- particular the additional protocol to the UN Convention against tection of victims and the prosecution of traffickers - and a Transnational Organised Crime to prevent, suppress and punish series of questions and answers. To enable parliamentarians and trafficking in human beings, in particular women and children users to have concrete references, the Handbook quotes exam- (known as the “Palermo Protocol”), the Council of Europe Con- ples of legislation as a guide, without prejudging the assessment vention provides for special measures to identify and protect of this legislation by GRETA, the monitoring system set up under victims. It also concerns all forms of national and transnational the Convention. trafficking, whether linked to organised crime or not. It applies to all victims: women, men or children, and concerns all forms In addition, the President of the Assembly is promoting of exploitation: sexual exploitation, forced labour and organ the signature and/or the ratification of the Convention with trafficking. Ministers and Speakers of Parliaments he meets during his visits to different Council of Europe member states. 3) The actions of the Assembly against trafficking in 2006 5) Conclusion: an appeal to sign and/or ratify the Convention if it In 2006, the Assembly firmly committed itself to the has not already been done Council of Europe Campaign to Combat Trafficking in Human We need to take urgent action. It is no longer enough to Beings, and in particular to promoting the signature and ratifi- make speeches and invoke human rights. We have to act now cation of the Convention. and quickly. Politicians must do their work and commit them- It adopted Resolution 1494 (2006) “Stopping trafficking selves firmly to taking action against people trafficking. They in women before the FIFA World Cup”5 which concerns traffick- must also take concrete measures to protect victims. ing in connection with sports events and in which it asks In this regional context, how best can we prevent and member states to sign and ratify the Convention and apply the combat the trafficking of human beings? On this point, I call for most important provisions. 6. The text of the written declaration No. 376 is available on the 5. The Resolution is available on the Assembly's website www.assem- Assembly’s website www.assembly.coe.int. bly.coe.int. 7. A copy of the Handbook is available to you.

32 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division greater cooperation between the States. For example, we know However, the Convention needs to be ratified by at least 10 that some victims are being transited between Moldova and states before it can come into force. Romania to Italy. On this point, I'm sure that more coordination As far as the States taking part in this regional seminar between States to share experience and expertise is efficient to are concerned, as I said, I note with satisfaction that Moldova combat trafficking. and Romania have already signed and ratified the Convention. I am also convinced that the Convention is a suitable in- The governments of Cyprus, Bulgaria, Greece, Italy, and Ukraine strument for combating people trafficking throughout Greater have signed the Convention. Europe. I therefore call on the government of Ireland to sign the To date, 33 member states of the Council of Europe and Convention and on its parliament to ratify it as soon as possible. Montenegro have signed the Convention, but only three of I also call on the members of the parliaments of the fol- them – Moldova, Romania and Austria – have also ratified it8. lowing participating States to the seminar: Cyprus, Bulgaria, Greece, Italy, and Ukraine, to ratify the Convention without 8. I also have the pleasure to tell you that my country has ratified the Convention but has not officially given the official instruments to further ado. the Secretary General of the Council of Europe. Thank you for your attention.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 33

The role of non-governmental organisations

Ms Klara Skrivankova, Trafficking Officer, Anti-Slavery International Unfortunately it has not been possible to include the in- tervention of Ms Klara Skrivankova.

Ms Eleni Pissaridou, STIGMA Foundation, (Organisation for the protection of victims of sexual violence and exploitation), Cyprus

The organisation's activities How victims are likely to reach us As is clear from the organisation’s title, what we do is to • Referral by the Police Headquarters’ Office for Combat- care for and shelter victims of sexual violence and exploitation. ing Trafficking in Human Beings. In this case, either the The organisation maintains a shelter, which was set up in Febru- victim lodges a complaint with the police or the police ary 2004 by the priest of the Russian Church, Father Savvas carry out an operation and the victim is found and is sent Michaelides. to us. Since the shelter was set up, 188 victims of sexual vio- • Referral by the Aliens and Immigration Service. In this lence and exploitation have found refuge there and more than case, the victim has made a complaint to an official of the 140 victims who did not need accommodation have received as- Aliens and Immigration Service, but does not want to sistance. move on to a written complaint for the purpose of bringing the case to court. Of course the victim does not want Victims in 2004, 2005, 2006 and 2007 to remain in the accommodation provided by the employer, so she is referred to us to be sheltered until she 2004: 60 victims is repatriated. Note that in such cases the social services 2005: 38 victims do not assume any responsibility whatsoever: they con- 2006: 80 victims sider that since she is not a victim recognised by the police – which usually means a prosecution witness in a 2007: 13 victims by 20/01/07 criminal case – she is automatically not a victim. It is a tactic with which we do not agree and which is not cov- The main countries of origin ered by law, at all events on the basis of the existing leg- Ukraine: 73 islation. Yet it is our belief that victims must be helped, Moldova: 31 and that is what we do. Russia: 36 • Referral by the state retirement homes. This concerns cases of “recognised” victims of sexual violence and Philippines: 9 exploitation, but homes of this kind cannot usually pro- Belarus: 8 vide the required therapy. Romania: 6 • Victims who come directly to the organisation. In this The data on the victims’ countries of origin over the past case the victims make their complaints to us, and we refer three years shows that the great majority come from east Euro- them to the police if they so wish, or we arrange for their pean countries. There are much fewer from the Asian market, repatriation, which is the second option. though we unfortunately observe that they too are on the in- • Whichever of the above categories the victims belong to, crease with every passing year. It is also worth noting that over our work is the same: the years new markets have opened, as in the Dominican Repub- • providing accommodation in a safe place, ample nourish- lic and Morocco. ment and in most cases clothing and footwear (you will

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 35 understand that the places the victims come from are they visited the shelter, saw from close up the work done there, such that the latter’s choice of clothing is not the most talked to the women accommodated there and provided sub- appropriate); stantial financial support from the National Machinery for • providing legal support at advisory level; Women’s Rights. • obtaining medical tests and treatment (in haematology, Our experience to date has demonstrated that no gynaecology, dentistry and other fields); progress at all has been made in protecting the victims. We • providing psychological support; hope things will change very soon. • accompanying them to the police to make statements; As far as suppression is concerned, we must acknowledge • finding them employment and making frequent visits to that significant steps have been taken. This does not only relate the new workplace to provide advice and psychological to the number of operations conducted. A noticeable innova- support but also to carry out checks; tion is the training of members of the police force in dealing • preparing them for and accompanying them to the with victims in a proper, humane and dignified manner when courts; they lodge their complaints. • preparing them for informed repatriation; The regrettable thing is that whatever developments • providing financial help during repatriation; there have been in the area of suppression, they clearly have not • providing financial support in their country to cover their troubled the actual perpetrators. The places where human traf- basic needs; ficking takes place remain in operation. Not only does their • liaising with similar organisations – if any, and wherever merchandise not decrease, it is renewed. Today we are here and they are – to provide victims with support on the spot. talking about the protection of victims and the prosecution of • Most of these tasks should be performed, as the law pre- perpetrators, whereas we all know that prevention has only its scribes, by the guardian, who is designated as the Director etymological meaning for us. of Social Services at the time. NGOs should provide the I referred previously to the actual perpetrators. There is guardian with help and support in his tasks. In this case, also the moral perpetrator. In our humble opinion, the moral what happens is the opposite. Unfortunately, we have to perpetrator is the Republic of Cyprus itself. Let’s suppose that date received no support at all from the official agency. the social services run a perfect programme for the care and And that might not be a bad thing if the guardian pro- protection of victims. Let’s also suppose that the police and the ceeded to honour all his long-standing commitments. courts do a perfect job. The problem of sexual exploitation will We can understand that there was absolutely no infra- still be here. It will be increasingly visible to Cypriot families and structure. What we still fail to understand is the way to Cypriot society at large. Unless steps are taken to stop, rather NGOs who do the work are considered and treated by than simply reduce, the import of women as consumer goods, social welfare service officials who continue to work and the problem will grow and expand. We probably seem old-fash- live in the past. Typically, I would tell you that at the ioned. Will anyone call the Administration Commissioner old same time we, with the knowledge of all the complicated fashioned? In her ex officio report on the entrance and employ- services involved, do the work and strictly exercise the ment status of alien women as artistes, she makes a number of responsibilities of the guardian as prescribed by Section recommendations, the first of which is: “The immigration au- 11 of the relevant law, at the same time, the social welfare thorities and mainly the Civil Registry and Migration Depart- services point out what we should do in order to operate ment to carry out an ab-initio review of its policies according a shelter for victims of sexual violence and exploitation, to the regulations in force. The entrance by the thousands of whereas we have been successfully running the shelter alien women under the status of artistes for the purpose of since February 2004. being exploited by trafficking circuits, with the knowledge of the authorities that issue the permits, must stop.” Law providing for special protection for victims of sexual ex- The Administration Commissioner made her recommen- ploitation, and related matters dation in November 2003, and it is now February 2007. Nothing No.3 (I) of 2000 has changed in this sector. The exact nature of an artiste’s work • To advise and guide victims of exploitation, remains an open secret. Thousands of foreign women continue • On a preliminary basis, to hear complaints of exploitation to be imported into a country with a population of little more or of violations of the law and take all the necessary than half a million. They continue to be used by trafficking net- measures to ensure that they are fully investigated by the works, invariably with the knowledge of the authorities. competent agencies, As NGOs, we are not in a position to put an end to these • To ensure, through the state services, that victims are pro- particular entry permits. So far our calls have fallen on deaf vided with care and safe accommodation, ears. That is why, in co-operation with the Russian parish in • To promote, through the competent authorities, the pros- Cyprus and the Russian Patriarchate, we got going over the past ecution of persons who have carried out acts of exploita- three months and are distributing a leaflet on the subject at tion or other acts contrary to the provisions of this law, various chosen points in the countries of origin of the majority • To take all the necessary measures to help victims to of victims (Ukraine, Moldova, Belarus, Russia). We have also recover and to find employment or be repatriated, produced a card which we asked for permission to distribute at • To identify shortcomings or gaps in the law or regulations the entry points to the Republic of Cyprus. We have so far re- and recommend amendments thereto to the Minister. ceived no answer at all. We recognise that the card contains an Here, we must warmly thank the Minister of Justice and absolutely truthful message, and at the same time it compels Public Order, Mr Sophocles Sophocleous, and the Senior Officer the nation to come out and acknowledge the hypocritical atti- of his Ministry, Ms Maro Varvanidou, for the interest with which tude that prevails over the issue of trafficking in human beings.

36 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Minister of the Interior, do something now. It so happens Thank you. that these women are from Ukraine, Latin America or the Philip- pines. It so happens that they are not from Cyprus.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 37

Measures and actions against trafficking in human beings taken at national level by the participating countries : Presentations by Representatives of Cyprus

Dr Lazaros S. Savvides, Permanent Secretary, Ministry of Interior of the Republic of Cyprus

Ladies and gentlemen, Ministry of Justice and Public Order, the Unit to Combat Money Yesterday, during the first day of the seminar, we covered Laundering (MOKAS), the Ministry of Labour and Social Insur- the Council of Europe Convention on Action against Trafficking ance, the Ministry of Foreign Affairs, the police and NGOs. in Human Beings, including prevention, protection of victims’ The group prepared an integrated, comprehensive Action human rights and criminal aspects of the issue. We also covered Plan, which was the outcome of their reflection on this burning the activities of the Council of Europe’s Commissioner for issue and search for solutions to deal with it at international, Human Rights and the Parliamentary Assembly of the Council of European and local level. On 12.5.2005 the Action Plan was Europe, as well as the role of non-governmental organisations submitted to the Council of Ministers, which adopted it and (NGOs). We were also told about the various activities of the decided to assign responsibility for handling the issues and ac- OSCE on the subject. tivities it contained to the Ministry of the Interior. Today, on the second and last day of the seminar, we shall The Action Plan comprises measures to prevent and sup- focus on the measures taken at national level, with presenta- press trafficking, to prosecute those responsible for committing tions by the participating countries. and assisting in this crime and to protect the victims; it also in- As planned, we shall start with four presentations by cludes a mechanism for monitoring the implementation of all Cyprus and continue with presentations by Bulgaria, Greece, the local measures. Ireland, Italy, Moldova, Romania and Ukraine, followed by ques- These measures may be classified as: a. legislative meas- tions, if any, and discussion. ures, b. measures for more effective political and administrative I shall start with a brief introductory presentation of the practice, c. infrastructure works such as the victims’ shelter and framework for the measures and action taken in Cyprus, then d. measures to inform vulnerable groups and likely victims, and there will be more specialist presentations by the representa- more generally Cypriot society, including the organisation of a tives of the Social Welfare Services Department on the protec- public awareness campaign on the subject. tion of victims, the Legal Service on the legislative framework The latest developments in those categories of measures and legal aspects of the issue and, to complete the presentations are as follows: by Cyprus, the representative of the police on prevention, suppression and prosecution. a. Legislative measures In view of the seriousness and extent of the problem of 1. On 2.2.2007 the House of Representatives enacted the trafficking in persons at both international, regional and local Aliens and Immigration (Amendment) Act 2007, ensuring level, the Republic of Cyprus became aware of it early on and harmonisation with four EU directives and a framework took various decisions to investigate the problem and take decision on immigration. These include: measures to confront and combat it. – Council Directive 2002/90/EC of 28 November 2002 The Council of Ministers addressed the issue specifically defining the facilitation of unauthorised entry, transit on 19.9.2001, with Decision No.54.821 to set up a Group of and residence, and Experts to co-ordinate the various measures and activities to – Council Framework Decision of 28 November 2002 on the combat trafficking in human beings and the sexual exploitation strengthening of the penal framework to prevent the of minors. facilitation of unauthorised entry, transit and residence. The Group of Experts comprised representatives of the 2. When the bill on “Suppression of trafficking in human Legal Service, which chaired it, the Ministry of the Interior, the beings and their exploitation in employment or sexual

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 39 exploitation, on child pornography and on the protection at the same time inform the women concerned of their rights of victims” is passed by the House of Representatives and and tell them where they must apply for information and help if becomes law in 2007, it will replace the existing Suppres- they are in a victim situation. The consular authorities will give sion of Trafficking in Persons and Sexual Exploitation of them the information leaflet that has been issued on the sub- Minors Act (No.3(I)/2000); it has been completed and will ject, which the women will have to countersign to indicate that very soon be submitted to the Council of Ministers for they have read it. At the same time, a more stringent and re- approval. It will then be tabled in the House of Repre- strictive policy is being applied in issuing permits to artistes, and sentatives for enactment. This bill brings our national on the basis of this policy, the number of artistes has decreased legislation into line with European legislation and with over the past four years from a total of 4,898 (about 1,224 per our other international commitments in this particular quarter) in 2003 to a total of 3,513 (about 878 per quarter) in area. 2006 – a decrease of approximately 28.3%. 3. The procedure for ratifying the Council of Europe Con- At the same time, the police are carrying out stricter vention on Action against Trafficking in Human Beings, checks on cabarets and bars where artistes and barmaids are which the Republic of Cyprus signed on 16.5.2005, is pro- employed. When the police receive information that illegal ac- gressing in parallel with the new national legislation on tivities (such as prostitution) are taking place, they carry out trafficking in human beings, which includes provisions to more systematic and stringent checks, with the result that the improve the application of the convention. The intention issuing of residence/work permits for the employers of artistes is is to ratify the Convention by means of a ratifying act at delayed as a means of pressure. As a result of the more stringent the same time as this legislation is enacted. checks, a number of cabarets have already closed down. 4. Amendment of the legislation governing employment Another policy measure proposed for adoption is the full agencies is under consideration with a view to introduc- implementation of Community preference in this sector, aimed ing stricter criteria for the pursuit of an occupation. at the gradual replacement of nationals of third countries with Among others, the owners of cabaret-type nightclubs use European citizens. The new policy measure has an advantage the services of these agencies to find dancers, who are over the existing situation because European citizens enjoy regarded as a vulnerable group at high risk of trafficking. equal rights with Cypriots and can therefore work in any sector of economic activity without restriction. Contrary to the b. Measures concerning political and administrative practice present situation, this will help to enable artistes to change em- 1. Procedure for issuing temporary residence/work permits to “artistes” ployer and branch of activity at any time. from third countries A further recent development is the approval by the Like all nationals of third countries wishing to find em- Council of Ministers of the handbook on procedures for dealing ployment in Cyprus, “artistes” must also obtain temporary resi- with cases of victims of sexual exploitation and trafficking, pre- dence/work permits to enable them to stay in Cyprus and work pared by the Ministry of Labour and Social Insurance. The in their particular sector. In the case of artistes, the application purpose of the handbook, as stated by the Ministry, is to provide is submitted to the Civil Registry and Migration Department on a national framework for interdepartmental co-operation and behalf of a specific person by the prospective employer, to- to establish interdepartmental procedures; it offers those gether with all the requisite supporting documents. If and when dealing with the issue clear guidelines concerning the proce- the application is approved, an entry permit with limited validity dures followed. is issued for the person concerned and transmitted to this person via the employer, so that the person will be allowed to c. Infrastructure works and administrative structures enter Cyprus. In other words, the entry permit functions as a visa for entering Cyprus. When the person enters Cyprus, she A vacant building which has been located and recently must, together with her employer, comply with all the statutory approved for this use will be appropriately refurbished to house formalities for the issue of the temporary residence/work the shelter for victims of sexual exploitation, which will operate permit. This permit is valid only for three months, but can be under the authority of the Social Welfare Services Department. renewed for no more than a further three months, provided that The works and outfitting of the building are expected to start there are no problems of any kind on either the employee’s or very soon. Authorisation has also been given for the shelter to the employer’s side. These permits cannot under any circum- be staffed with specialists and other appropriate personnel so stances be renewed after six months. Applications for the issue that it may operate satisfactorily. of a new permit of the same kind for the same person are not examined unless the person leaves Cyprus for a period of at least d. Information measures and organisation of a public six months. awareness campaign If it is established that artistes are being victimised by 1. The Ministry of the Interior has published an information their employers and if the victims show a willingness to co- leaflet for women who are citizens of third countries and operate with the authorities in prosecuting the offenders, they enter the Republic of Cyprus to work as artistes in caba- are provided with temporary residence/work permits in another ret-type places of entertainment. The leaflet informs sector until the case is closed. them of artistes’ rights and obligations and provides them Permits of this kind are issued only to persons who are to with helpline numbers in case they need them. It has work as cabaret dancers or barmaids in bars of a particular type. been translated into English, Bulgarian, Romanian and It has recently been decided that artistes’ entry permits to Russian, and is distributed to the various sub-divisions of Cyprus will be conveyed to them through the Cyprus consular the police Aliens and Immigration Service and to Cyprus authorities, which will stamp them for validity purposes and will embassies and consulates. It is also on the websites of the

40 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Ministry of the Interior and the Ministry of Foreign – The Cyprus police took part in the Ilaira operational pro- Affairs. gramme held in Athens in December 2006. 2. The police have also issued a similar leaflet with useful – Cyprus is taking part in the “Hera” network for combating information and telephone numbers for information or human trafficking in central and southern Europe, which assistance. is co-organised by 11 countries and co-financed by the 3. The Ministry of Labour and Social Insurance has issued an European Public Law Centre and the International Devel- information leaflet on the rights and obligations of all opment Co-operation Service of the Greek Ministry of categories of foreigners working in Cyprus, with useful Foreign Affairs. information on equal treatment at work. The leaflet is 5. Lastly, a broad awareness campaign is being prepared for being circulated in English, and will soon be available in the information of the general public, government offi- other languages. More specifically, it provides informa- cials and likely offenders, and to demonstrate the clear tion on employment contracts, temporary residence and intentions and determination of the state and the gov- work permits, registration procedures and the competent ernment to take every measure necessary to deal with government departments dealing with these matters. this problem. As part of this campaign, which is being 4. The Cyprus Police Academy organises training seminars organised by the Ministry of the Interior, posters and for police officers on trafficking in human beings. The leaflets have been printed and will be posted up and dis- latest seminar was held in November 2006. tributed throughout Cyprus. Short TV films using appro- – The present seminar is part of the efforts to inform the priate UN material will be shown and there will also be competent agencies about the problem. press conferences and discussions/interviews. – Cyprus took part in a similar regional seminar on traffick- With these measures and activities we hope to achieve ing held by the Council of Europe in Athens on 4 and 5 positive results in combating trafficking in human beings. December 2006. Thank you.

Ms Toula Kouloumou, Director, Social Welfare Services of the Republic of Cyprus

It gives me great pleasure to participate in this important victims were, without exception, women, and they all received seminar and I would like to congratulate both the Ministry of psychological and social support, as well as financial assistance. the Interior and the Council of Europe for organising it. Having The Social Welfare Services considered it essential to said that, the subject of the seminar is one that provokes great produce an Interdepartmental Procedures Handbook, which, as sadness in me because it confronts us with a pitiful state of you know, was announced yesterday by the Ministry of the Inte- affairs – the modern slave trade. In light of all the progress that rior. The handbook details the role of all the services involved has been made over the last decades in the field of human and aims at the co-ordinated, unified and best support of vic- rights, it is scarcely credible that people the world over, women tims, in addition to keeping all professionals informed of state and children in particular, are bought, sold and hired out like procedures related to all aspects of the treatment they receive. mere commodities. The handbook has been approved by the Council of Min- Trafficking in human beings with the intention of trading isters and represents established procedure for the treatment of in and sexually exploiting them is a complex contemporary victims. It was drawn up with the active involvement of the social problem involving entrapment, violence, threats, decep- Legal Service, the Ministry of Justice and Public Order, the Min- tion and deprivation. It has grave physical and psychological istry of the Interior, the Ministry of Health, the police, the Civil consequences for its victims, who frequently suffer from finan- Registry and Migration Department, the Employment Depart- cial hardship, ignorance of the language used around them, ment, the Ministry of Foreign Affairs and NGOs. social exclusion and other problems which render them even For the immediate protection of victims, Social Welfare more vulnerable. Services are promoting the establishment of a special Shelter It is generally accepted that to combat trafficking in for Victims of Sexual Exploitation, with a capacity of up to 15. human beings successfully it is crucial to develop a comprehen- The shelter will operate with specialist staff, due to assume their sive approach in tandem with co-ordinated political action. As duties within the coming weeks. the title of the seminar suggests, action in the fields of Preven- Until the shelter is operational, victims of sexual exploitation, Protection and Prosecution, ‘the 3 Ps’, is essential. tion are being housed for a period of 3 weeks in specially The protection of victims is a matter for the Social adapted wings of state institutions where they receive psycho- Welfare Services of the Ministry of Labour and Social Insurance. logical support as well as practical and financial assistance. This responsibility to protect victims derives from the ap- Social workers have also been specially assigned to this pro- pointment of the Director as the ‘guardian of victims of exploi- gramme at our District Welfare Offices. tation’, under Law 3(1)/2000. The law requires the state to offer Beyond the programmes run by the Social Welfare Serv- ‘all reasonable protection and support, including, as far as possi- ices, the activities of the Employment Department for foreign ble, for the upkeep, temporary accommodation, care and psy- nationals who are victims of sexual exploitation include issuing chiatric support of victims until such a time as it is deemed that work permits for them to work with new employers (subject to these forms of support have healed any kind of traumatic expe- certain conditions). In the attempt to prevent trafficking, licens- rience suffered by victims’. ing procedures for private employment agencies require owners In keeping with the spirit of the law, Social Welfare Serv- to provide evidence that they do not have any previous convic- ices handled 126 cases of sexual exploitation during 2006. The tions involving moral depravity.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 41 I would like to close with the words of a young Korean tear down the walls of silence surrounding it can break their woman in the United States who managed to escape the trap of chains and offer hope and freedom. sexual exploitation: I stretch out my hand to those still imprisoned in the I believe that her words are intended for everybody here vicious circle of sexual exploitation. People who are prepared to today.

Ms Vicky Christoforou, Law Officer, Law Office of the Republic of Cyprus

Cyprus Legal Framework to Combat Trafficking of Human Beings and Sexual Exploitation of Children

The main legal instruments are the following: • Council Framework Decision of 22 December 2003 on • The Law to Combat Trafficking in Human Beings and combating the sexual exploitation of children and child Sexual Exploitation of Children (Law N° 3(I)/2000) pornography (2004/68/JHA) • The Criminal Code, Cap. 154 • Council Directive 2004/81/EC of 29 April 2004 on the res- • The Protection of Witnesses Law (Law N° 95(I) of 2001) idence permit issued to third-country nationals who are • Prevention and Suppression of Money Laundering Activi- victims of trafficking in human beings or who have been ties Law (Law N° 61(I)/96 as amended) the subject of an action to facilitate illegal immigration, • The UN Convention against Organised Crime and its Pro- who cooperate with the competent authorities. tocol’s Ratification Law (Law N° 11(III)/2003) • The Optional Protocol to the UN Convention on the The new law in a nutshell: Rights of the Child, on the Sale of Children, Child Prosti- • Criminalises the acts of sexual exploitation including tution and Child Pornography (Ratification Law (Law child pornography as well as labour exploitation whether N° 6(III)/2006) they are committed by a criminal organisation or by indi- • Convention on Cybercrime Ratification Law (Law viduals N° 22(III)/2004) • Extends the jurisdiction of Cyprus courts to the unlawful • Obscene Publication Law of 1963 as amended. acts referred above committed by Cypriot citizens or Cyprus residents, in Cyprus or abroad (sex tourism) • Provides for the same aggravating circumstances as in The new Law for Combating Trafficking of Human Beings article 24 of the Council of Europe's Convention • Aims for better implementation of the international con- • Aiding, abetting and attempting to commit the acts of ventions ratified in the area of trafficking of human sexual exploitation including child pornography as well as beings and sexual exploitation of children labour exploitation are punishable • Implements the relevant European Legislation • Liability of legal persons is provided as in the Council's • Provides for combating exploitation in labour as well as framework decision as well as the liability of the commer- sexual exploitation. cial carriers according to the Palermo Protocol • The production of child pornography and the sexual The following international Conventions exist: exploitation of children are punishable with severe penal- • the Council of Europe Convention on Action Against Traf- ties ficking in Human Beings • Child pornography is defined as in article 9 of the Cyber • the UN Convention against Organised Crime and its Pro- Convention Crime aligned together with the EU decision. tocol • the Optional Protocol to the UN Convention on the Rights Identification of victims and special care: of the Child, on the Sale of Children, Child Prostitution • Training of the actors (public and private NGOs) involved and Child Pornography in cases of identification of the victims of trafficking is • the Council of Europe Convention on Cybercrime. mandatory • All victims share the same protection whether they have Why is further implementation needed? entered the Republic legally or illegally, or whether they • In order to align each of the different penalties or meas- decide to cooperate or not with the prosecution ures for the same issues • The above applies for a residence permit provided for a • Expand on the concept of labour exploitation e.g. provi- reflection period of one month which according to the sions for labour exploitation can be found in the Council circumstances of the case maybe renewed up to six of Europe Convention on Action Against Trafficking in months Human Beings and in the Protocol to prevent, suppress • Amongst the circumstances to be taken into account are and punish trafficking in persons, especially women and the age and the vulnerability of the victim children, supplementing the United Nations Convention • Amongst the criteria for discontinuance of the permit against Transnational Organized Crime. during the reflection period are issues based on national interest and security or the unwillingness of the victim to Implementation of European Legislation: cooperate with the prosecution • Council Framework Decision of 19 July 2002 on combat- • Upon identification as a victim of trafficking the victim is ing trafficking in human beings (2002/629/JHA) given the necessary psychological and physical treatment

42 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division • For the duration of the residence permit victims have • Protection of the personal data and special care during access to the labour market, to vocational training and the above proceedings is given especially to child victims education • Special measures are provided for the repatriation of the • The law provides for the non punishment of victims of victims trafficking involved in illegal acts due to their position, as provided in the Council of Europe's Convention • To coordinate all these actions the law provides for the • Legal aid is provided to the victims setting up of a monitoring mechanism.

Ms Rita Superman, Police Inspector, Head of the Office for Combating Trafficking in Human Beings, Police Headquarters of the Republic of Cyprus

Ladies and Gentlemen, the majority from Ukraine and Moldova. In 2006, which saw the I am here today as a representative of the Cyprus Police to most concerted police initiative to fight this phenomenon to outline the work we are doing to combat trafficking in human date, 81 victims of sexual exploitation were identified, from the beings. My aim is less to impress you than to get you thinking a same countries. little and to urge you to make your own contribution to fighting Of the victims discovered in 2006, 3 had arrived in Cyprus human trafficking. as tourists, 3 as domestic help, 3 as students, 5 were asylum Whether or not the issue affects anybody here directly, it seekers, 19 were working in pubs, and the remaining 47 as is everyone’s concern. It concerns the communities we live in, cabaret artistes. and could even involve the people we love: just consider the Unfortunately, most of those charged, as you can see possibility that your next door neighbour, or your brother, or from the slides, are Cypriot nationals. your father, or some other relative, or a colleague could be a As for the number of cases investigated by the police pimp, or a client buying human beings. Just consider the possi- since 2004, there has been a noticeable increase in cases based bility that their victims could be one of your own children, or on Law No.3(1)/2000 (the legislation concerning the special pro- your sister, or your mother, or a friend of yours. tection of victims of sexual exploitation and related matters) Apart from the human rights violations it involves, traf- reaching the courts. The law provides for 15 years’ imprison- ficking in human beings is quite simply a form of organised ment. Convictions in 2005 amounted to 8, with 35 cases still crime and its profits are channelled into other criminal activi- being heard. ties: it has close links with money laundering, drug trafficking, If we want to fight this phenomenon effectively, aware- counterfeiting documents, illegal immigration and other related ness raising in society and co-operation between national inter- crimes. national agencies have to be our priorities. It constitutes a public health risk in terms of sexually The Cyprus Police is one of several forces called on to transmitted diseases such as AIDS. combat trafficking. Our responsibilities, which stem from the It also helps finance international terrorism. National Action Plan, are confined to the areas of prevention If anybody here today is aware of cases of people, espe- and suppression. Among other things, the police distribute in- cially artistes, who are kept under guard, who are never free to formation to high-risk groups from abroad who are given leaf- leave their place of work, whose travel documents are withheld lets alerting them to the dangers of trafficking when they go to by their employers, terrified people constantly receiving threats, register at the Aliens Service. Frequent surprise checks are abuse, harassment, violence etc., forced to pay back their ex- carried out on premises and recently a leaflet targeting the penses to intermediaries, forced to repay the cost of their tickets public, aiming to weaken demand, was published. Furthermore, before they have even taken up employment, who are obliged to the Cyprus Police organise and carry out operations in co-oper- earn a minimum sum, who are threatened with physical vio- ation with other competent government departments and lence, who are required to work for long periods in appalling NGOs, and the Police Academy has already incorporated the rel- conditions, who live in squalor - you can be sure that these evant training into its programme. people are the victims of trafficking in human beings. Our anti-trafficking unit, the Office for Combating Traf- Trafficking in human beings is a global phenomenon, one ficking in Human Beings, part of the 3rd division of the Police that has not left our country unscathed. I will give you a brief Headquarters and under the direct authority of the Assistant outline of the current situation in Cyprus, based on police statis- Chief of Police, was opened in 2004. tics. The most important responsibilities of the unit are to co- Cyprus is a country of destination, not transit, for the ordinate the activities of all police departments concerned with victims of sexual exploitation. Statistics show that only 3.4% of trafficking, maintain a database of criminal cases and conduct foreign women who arrive in the Republic of Cyprus seeking interviews with victims. employment do not return to their country of origin. The police force works closely with other organisations Some of the women who move elsewhere do so usually and services, at both national and international level. In 2006, because they marry foreign nationals or obtain permits to enter the Cyprus Police contributed to 12 cases involving sexual ex- other countries. ploitation through Europol and a further 12 through Interpol. The majority of victims come from the former Soviet Furthermore, it has signed up to the Plan for Cross-border Union and a large number from the Philippines. In 2004, 66 Police Co-operation, known as Iliaera, to fight trafficking in victims were identified, most of whom were Ukrainian or South Eastern Europe, under the auspices of the Hellenic Police Moldovan nationals. In 2005, 42 victims were identified, again and with the support of the European Commission.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 43 However, the figures do not tell us much; at the moment izen’s help-line. It briefly explains what trafficking is, why these what is important is that we should understand that in the crimes must be investigated and what the sex trade is; it out- freedom-loving world we live in, modern forms of slavery are lines the role of the police and provides general information on being revived and maintained and are prospering. It is the re- the relevant legislation. sponsibility of us all, individually and collectively, to fight them. We are not aiming for the impossible; we cannot hope to In closing, I would like to present the Police information stamp out trafficking altogether. But we can join forces and try. leaflet. On the first page, it focuses on the fact that we all have We have an obligation to safeguard our communities, our chil- the inalienable right to physical integrity, to freedom of dren and our physical and spiritual integrity. The police are here, thought and to equal treatment and respect. on your side. Please help us in our efforts to help you. The leaflet lists the telephone numbers of the Office for Combating Trafficking in Human Beings as well as 1460, the cit- Thank you very much.

44 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Measures and actions against trafficking in human beings taken at national level by the participating countries: Country-by-country reports

Bulgaria

Ms Sofia Ivanova Kashlakeva, Animus Association Foundation Animus Association Foundation is a Bulgarian women’s garia as in most European countries had a negative attitude non-governmental organisation. Its team consists mainly of towards the victims, treating them as illegal migrants and in a psychologists, psychotherapists and social workers. The priori- way similar to criminals themselves. Parallely the organisation ties of the organisation’s activities are the defence of human did a lot of lobbying and advocacy work to promote legislative rights of women and children, victims of trafficking and domes- initiatives concerning the adoption of a special anti-trafficking tic violence as well as direct support to them. So far Animus has Act, provisions regarding the corporate liability of legal entities organised several prevention campaigns addressing different such as travel and employment agencies that are involved in target groups and trying to explain most clearly what one trafficking, adoption of special provisions in the criminal legis- should be aware of when accepting a vaguely formulated job lation tackling the issue of witness protection and the most dis- offer or when one is about to leave Bulgaria. Animus has devel- cussed (by our team) problem regarding the compensation and oped a Rehabilitation Centre for Women, Adolescents and Chil- indemnification of the victims which resulted in December 2006 dren survivors of violence, where victims of trafficking can in the newly promulgated Act for financial compensation of the obtain short and long-term support, psychological consulta- victims of crimes. Deriving information and conclusions directly tions, therapeutic services and information about their rights from the survivors the organisation insisted that the possibility stipulated by the current legislation. Animus Association Foun- provided by the Bulgarian anti-trafficking law for granting a dation has its own Crisis Centre where survivors of trafficking status of special protection during the period of criminal pro- are accommodated for a period of time needed by them to reor- ceedings should be accessible not only for those victims who ganise their lives and be socially reintegrated. Animus also is the have expressed their explicit consent to cooperate with the only organisation in Bulgaria supporting a 24-hour hot line, police and the investigation but to all the victims. Regarding the open to the victims. current legislature there is still work to be done so as not to dis- In 1998 Animus Association became the Bulgarian criminate traffic survivors who often do not wish to participate partner of the international La Strada programme for preven- in the criminal proceedings. tion of trafficking in women in Central and Eastern Europe. In At present Animus Association Foundation has entered October 2004 the foundation co-founded the International La into its second period of anti-trafficking activities. The frame- Strada Association registered in Amsterdam. work is available and it is in full compliance with the interna- If I am to trace very shortly the anti-trafficking activities tional documents concerning the combat against THB, so as in of Animus Association Foundation as a NGO I would divide them the CE’s convention we are discussing these two days, the ap- into two basic periods. During the first period the role of the or- proach towards the issue of trafficking is more victim and ganisation was to raise public’s awareness to the issue of illegal human oriented. It is not simply an approach aiming at ensuring traffic in human beings, to make society and the government the victims medical, legal, psychological, informational and fi- realise how serious this problem is. This was a really hard task nancial support- that is what the organisation did before as since Bulgarian society at that time hadn’t overcome the well, but the new role of the non-governmental organisations in popular conviction that the women who are exposed to the risk general is now to teach the society actors – the police, the social of becoming victims of THB are usually from ethnic minorities, workers, the doctors, the prosecutors, the judges and the NGOs poor, uneducated and lacking social experience. People in Bul- how to render the legally provided support to the victims of

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 45 trafficking so as to preclude their further re-victimisation and Another issue addressed by Animus Association Founda- re-traumatisation. Animus team now does a lot of training all tion constantly during the past 5 years is the indemnification of involved in direct work with the victims to teach them how to the victims of trafficking. There is indeed the law for confisca- treat these people in order to avoid the possible negative results tion of property, acquired by crime, and the law for financial of wrong attitude or ill-exercised duties. Law enforcement compensation of the victims of crime. Still if you think the authorities still understand the problem as merely an issue of victims of trafficking is a special kind of victim and in cases of prosecuting and convicting the trafficker and neglect the other THB the ownership of the property subject to confiscation in point – of ensuring the victim at least the same rights as the fact belongs to the victims so it should not be confiscated only criminal /right of information, right of legal assistance and rep- but also restituted directly to the victims of the committed resentation, right of a translator/ and by doing so they in a way crimes since it is a result of their illegally exploited labour. turn the survivor into a victim, again. Since trafficking besides So the present situation of having adequate anti-traffick- being a transnational crime, is a brutal violation of human ing legislation needs a flexible approach to make it work and re- rights, the qualified approach towards the victims by the people quires a more victim oriented approach to address this problem. involved in the proceedings is very important. Thank you for your attention.

Greece

Ms Ifigenia Katsaridou, Research Centre on Gender Issues

National policy against trafficking • giving victims the option of voluntary repatriation, which is combined with the funding of programmes for reinte- Trafficking in human beings is a complex social phenom- grating them into their country; enon that mainly harms women. It is a blatant violation of the • training police officers, judges and public prosecutors; fundamental rights of women, but also of children, and a • a public information and awareness campaign; menace for the governance of contemporary societies. • a national database to monitor trafficking. Unfortunately, trafficking is rife in all societies and all In political terms, the action plan is coordinated by the social classes, irrespective of level of development, degree of po- Special Interministerial Committee against Human Traffick- litical stability, culture and religion. ing at Secretary General level, in co-operation with specialist The violence to which women are subjected reflects social NGOs and the International Organisation for Migration. stereotypes about their role. According to the Beijing Platform This co-operation was significantly strengthened by the for Action, violence against women is the result of inequalities signing of a Co-operation Memorandum between the Special and is a form of discrimination against them in society. Women Committee, twelve NGOs and the IOM. The results of the com- will remain vulnerable until equality is achieved. mittee's work have already started to become apparent. Prevention of and action against human trafficking and An extensive TV campaign has been carried out to alert sexual exploitation of women is a priority for the European and inform the general public. Union, as is clear from the Treaty of Amsterdam and the conclu- Training seminars have been held for judges, public pros- sions of the Tempere European Council. ecutors, police officers and competent health care bodies. The Since 2001, Greece has been systematically confronting seminars focused on procedures for locating and referring the problem of trafficking in and sexual exploitation of women victims in co-operation with state authorities, NGOs and other and girls. bodies. The National Centre for Social Solidarity (EKKA), a legal As far as legislation is concerned, the Ministry of the Inte- entity supervised by the Ministry of Health and Social Solidarity, rior, Public Administration and Decentralisation has secured the runs a 24-hour helpline which provides victims with telephone enactment of Law n° 3386/2005 on “the entry, residence and support and access to shelter. social integration of nationals of third countries on Greek terri- Through the Hellenic Aid Programme, the Ministry of tory”. The law includes a separate chapter comprehensively reg- Foreign Affairs aims to combat trafficking by taking preventive ulating the protection and care of victims of human trafficking. measures, protecting victims and prosecuting offenders. The This chapter incorporated Community Directive 2004/81/EC into Action Plan includes locating and identifying victims, referring Greek law within the prescribed time-limit, offering victims of them to shelters and providing them with free accommodation, trafficking broader protection than that provided for by the psychological support, legal aid and voluntary repatriation to Council of Europe Convention on Action against Trafficking in the countries of origin. It also includes training for public pros- Human Beings. ecutors and police officers, as well as local initiatives aimed at Since August 2004, the Greek Government has been car- combating the root causes of trafficking in the countries of rying out an integrated National Action Plan against human origin. trafficking and the slave trade. The plan covers a wide range of The Council of Europe is making a very significant contri- measures, which include: bution via the broad public awareness campaign to promote the • locating, identifying, protecting and supporting victims; European Convention on Action against Trafficking in Human • granting victims residence and work permits and a reflec- Beings, giving new impetus to the struggle against trafficking. tion period of thirty days (sixty days for minors) to allow Greece is expected to be among the first countries to them to recover and escape the offenders' influence; ratify the Council of Europe Convention on Action against Traf-

46 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division ficking in Human Beings. Significant elements of the Conven- tion are already incorporated into our country's National Action Plan.

Ms Eleni Ktona, Social worker at the Counselling Centre for Violence against Women, General Secretariat for Gender Equality, Ministry of the Interior, Public Administration & Decentralisation

The phenomenon of trafficking in human beings, either So in 2002 the Ministry of Justice passed Law 3064, which for the purpose of work exploitation or human organs trade, provides strict penalties for traffickers and customers when the but, mainly, for the sexual exploitation of women and children, victims are minors, and, also, assistance to victims (such as ac- this modern form of slavery, is a market of billions, which re- commodation, residence permit, medical care, legal assistance, quires a high qualitative and quantitative level of resources for safe repatriation in case they wish to return to their countries). its organisation. Only well-organised criminal networks have Since 2001 several public sensitisation and information the possibility to provide such resources –both manpower and campaigns have been organised. The General Secretariat for material equipment. Gender Equality has financed NGOs to distribute an information The United Nations Organisation estimates that 4 million leaflet, translated into 4 languages (Russian, Romanian, Alba- persons are trafficked abroad every year, thus producing a profit nian, and English) in the countries of origin, border-line sta- of 7 billion dollars for the trafficking networks. It is mentioned tions, consulates, travel agencies, etc., addressing potential that 80% are women and girls. They are the most vulnerable victims. group, which undergoes the most cruel and insidious form of In 2004 a Special Committee, at the level of Secretary trafficking in persons for the purpose of sexual exploitation. It Generals of the 8 involved Ministries, was established, aiming at constitutes an organised form of violence against immigrant the political coordination of actions against trafficking. women that insults their dignity and violates their human An important landmark in the operation of the special rights. Prostitution is often connected to trafficking: they are, committee was the signature of a Cooperation Memorandum by however, completely different concepts. Trafficking is not pros- 12 NGOs and the International Organisation for Migration (IOM) titution; it is coercion into prostitution by using such methods on Combating Trafficking in Human Beings and Aid to Victims. as threats against the lives of women and their relatives, physi- Furthermore, in 2005, Law 3386 on “Entry, residence, and cal violence, rape, and even murder. social integration of citizens of third countries in the Greek ter- Trafficking networks, notorious for their organisation and ritory” introduces, for the first time, the concept of the reflec- the means they resort to, are difficult to track. However, they, tion period of thirty days for victims, and double time when the too, have their “Achille’s heel”. They cannot function without victims are minors. advertising their merchandise. This commercial need consists of The General Secretariat for Gender Equality, in coopera- the vulnerability that no trafficker can avoid. tion with the Institute for Training of the National Centre for If customers can track women, so can judges, and if Public Administration has organised in several cities, both in the judges can track women victims, they can track traffickers, as past and in 2006, seminars on raising public awareness as well as well. on training professionals dealing with the problem, such as police officers, psychologists, social workers, judges, health care For women victims of sexual exploitation, escape from personnel, etc. networks is difficult if not impossible, unless if they: 1) go crazy, 2) become pregnant, 3) receive help by a customer, 4) try to In 2006 the General Secretariat for Gender Equality pub- escape risking their life, and 5) try to commit suicide. lished information leaflets in 4 languages and produced TV spots, broadcasting of which will be repeated. I referred to traffickers and victims, but the whole Shelters for victims of trafficking were established in problem is related to the demand in each country, which has to 2002. Today 3 shelters operate in 2 big cities, as well as 5 shelters be investigated, as well as the attitude of customers, who are in Athens. Two of them belong to the Ministry of Health and not aware of the phenomenon, resulting in abetting and perpet- Social Solidarity while the rest of them are run by NGOs. uating it, allowing it to spread wider and wider. Given the alarming dimensions of the phenomenon also in our country, Moreover, an SOS telephone line has been operating since which, due to its geographical location, is both a destination 2005 by the Ministry of Health, as well as another 2 SOS-lines country, mainly from East Europe and the Balkans, and a transit run by NGOs. country towards West Europe, Greece has undertaken action to Additionally, the Ministry of Education is considering in- combat it. troducing a relevant course in the last two grades of the lyceum, addressing male students, who are the potential customers. In 2001 the Group for Combating Trafficking in Human Beings, with interministerial and interdisciplinary composition, Concluding, I would like to mention some statistical data started operating in the Ministry of Public Order. Among its on the number of women victims during the last 4 years: other competences (creating archives, studying the phenome- In 2003, 93 victims were registered; in 2004, 181 victims; non, raising public awareness, etc.), it was also responsible for in 2005, 137 victims; in the first half of 2006, 48 victims. In the elaboration and introduction of a legislation framework on 2006, 39 new residence permits were granted while 24 were re- trafficking in human beings. newed.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 47 Ms Maria Mallouchou, Deputy District Attorney of Appeal

Preamble A Special Committee was set up in May 2004 to imple- The beginning of the 21st century has seen a real explo- ment the provisions of Law 3064/02 (which is quoted in detail sion of criminal acts which gravely violate human dignity and below) at the initiative of the Minister of Justice, Anastasios Pa- undermine the structure of human-focused civilisation even in paligouras; by a subsequent decision of the same Minister in the most developed, democratic and social states of the global May 2006, (41396, Off.Gaz. B’493/18.04.06 and no. 41404 sup- community. plementary thereof, Off.Gaz. B’581/9.5.2006) the committee These acts, internationally known by the term “trafficking was upgraded to a Law Preparatory Committee with the purpose in human beings”, constitute an entire category of crimes within of coordinating activities at political level and enacting legisla- Greek criminal law, totally separate and distinguished from the tive and other measures for “Fighting Trafficking in Human Be- crimes: i) of prostitution, ii) of illegal immigration and iii) of ings”. The Committee comprises the Secretaries General of eight illegal work by aliens, which are dealt with by other laws. jointly competent Ministries, namely: According to the provisions of the Greek Criminal Code, •Justice, the descriptive term “Trade or Trafficking in Human Beings” • Interior, Public Administration and Decentralisation, characterises criminal offences manifested by the exploitation • Economy and Finance, of vulnerable groups of persons and especially by sexual exploi- • Foreign Affairs, tation, the exploitation of women’s and children’s work, usually • National Education and Religion, involving aliens, as well as the commercial exploitation of • Employment and Social Protection, human organs (art. 323 of the Criminal Code), and committed • Health and Welfare for profit while violating fundamental human rights, within the •Public Order. context of international and organised criminal operations. The Special Committee has the task of preparing a Na- In the area of international criminology, the term Traf- tional Action Plan, entitled ACTION against TRAFFICKING IN ficking in Human Beings relates to several supranational crimes HUMAN BEINGS, hinging on coordination of the tasks of the (article 3 para. 2 of the Palermo Convention), against which the eight jointly competent Ministries covering the full spectrum of Greek legislature has prepared and organised a complete action activities aimed at the illegal trafficking of persons, in particu- plan for transnational anti-crime policy and transnational co- lar: operation, at police, judicial and administrative levels, and • Monitoring of the phenomenon, identification of the vic- within that context it has enacted new provisions that both tims; apply concurrently with the existing legal arsenal and go • Recognition and protection of the victim; beyond its “nation-state” limits. • Creation of hostels/shelters; In particular, Greece, as a country which is a “staging • Medical and Psychological Support; post” but also a “final destination” for the victims of trafficking, • Legal Protection and Assistance; In keeping with its criminal law status and its constitu- •Repatriation; tional provisions, • Support for the countries of origin, with rehabilitation In compliance with the obligations arising under para- programmes; graph 22 of the Conclusions of the European Council of Tampere • Education and integration in the employment market of (15-16 October 1999), under Joint Action 97/154/97 (JHA of victims remaining in Greece; 24.2.1997) and under the provisions of European Union Council • Training the Police; framework decision no. 629/02 (DEY/19.07.2002) on combating • Training Judges and District Attorneys; trafficking in human beings, which superseded the aforemen- • Informing the Public. tioned Joint Action (Council Framework Decision, 2002/629/JHA entered into force on 1 August 2002), Through the Law 3064/2002, Bound by the United Nations Convention against Tran- • the provisions of the Greek Criminal Code have been snational Organised Crime (known as the Palermo Convention) adapted to the demands of contemporary criminal reality, and one of the three Protocols thereof, aimed at preventing, as these are integrated in the regulation systems of: i) suppressing and punishing trafficking in persons, especially Crimes against Personal Liberty (18th chapter of the women and children, which constitutes the first international Criminal Code) and ii) Crimes against Sexual Freedom and official legal text covering all aspects of Trafficking in Persons Economic Exploitation of Sexual Life (19th chapter of the (Protocol to Prevent, Suppress and Punish Trafficking in Persons, Criminal Code) with simultaneous “protection of chil- especially Women and Children, supplementing the United dren’s age”, Nations Convention against Transnational Organised Crime, • the necessary legislative framework for the provision of Document A/55/383, United Nations, General Assembly, 2000), assistance to the victims of such criminal offences has But also observing the letter and the spirit of express pro- been enacted, visions of International Human Rights Law, Recommendations and of the Council of the European Union to the member states as • provision has been made for the suspension of expulsion well as the provisions of INTERNATIONAL DECLARATIONS, has as well as repatriation of those of the victims who are enacted Law 3064/15.10.2002 entitled “Fighting Trafficking in aliens. Human Beings, Crimes Against Sexual Liberation, Pornography of Minors and Economic Exploitation in general”.

48 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Legal Framework Law 3424 /2005 “Amending, supplementing and replacing pro- Law 3064/02 consists of two parts: visions of Law L. 2331/95 and aligning Greek legislation with directive 2001/97/EC of the European Parliament and of the A) In the first part: Council on prevention of the use of the financial system for the I. The Criminal Code has been supplemented by article purpose of money laundering”. 323A which refers to the criminal act of “Trafficking in Human Consequently, in this case, the provisions of Law 2331/95 Beings” making this a criminal offence in future (with the ex- will also apply, stipulating the seizure and compulsory seques- ception of “Slave Trafficking” (article 323 of the Criminal Code) tration, pursuant to conviction, of assets originating from crim- which had already been made a criminal offence in our Criminal inal activity. Code) as well as modern forms of human trafficking, such as trafficking committed for the purpose of removing body organs, B) In the second part of Law 3064/02 and in particular, by article coercive or fraudulent exploitation of a person’s work and also 12, the following elements have been enacted: the recruitment of minors for the purpose of employing them in I. The necessary legislative framework for the provision of armed conflicts. assistance to the victims of Slave Trafficking, Humans Traffick- II. Particular emphasis has been placed on the protection ing, Pimping, Procurement and Lechery on a Minor, for a reward of children first and foremost but also of other vulnerable social (articles 323, 323A, 349, 351 and 351A of the Criminal Code). groups through the updating of the articles of Chapter 19 of the II. The possibility of suspending the expulsion of these Criminal Code, reflected in: victims, by Order of the District Attorney of First Instance, ap- a. the addition of articles 348A regarding Pornography of proved by the District Attorney of Appeal, which remains in minors and 351A regarding Lechery on a Minor for a force until a final judgment is handed down in the criminal pro- reward and ceedings against the liable party and b. amendments of the articles: III. The safe and decent repatriation of alien victims while, • 388, for Abuse in Lechery where repatriation of a minor victim is concerned, the consent- • 339, for Seduction of Children ing opinion of the District Attorney of Minors, expressed after a • 340, which provides that the sentence of life imprison- Report from the Minors’ Custodian, has also been established as ment shall be imposed for rape, abuse in lechery and a requirement. seduction of children resulting in death, Furthermore, through article 15 para. 7 of Law 3274/04 • 344, under which violation of sexual dignity and the which amends article 44 para. 7 of Law 2910/01, it is established fraudulent achievement of sexual intercourse are now that the expulsion of aliens who are found illegally in the prosecuted upon complaint, country and denounce acts of abetting prostitution may, by • 348, for facilitating promiscuity in others, Order of the District Attorney of First Instance approved by the • 349, for pimping District Attorney of Appeal, be suspended until final judgment is • 350, for exploitation of a prostitute, passed on the acts denounced; if the accusation is proven to be • 351, for procurement and false, expulsion will then be implemented. • 353 for provocation of a scandal by promiscuous acts, It is to be stressed at this point that, through the provi- and sions enacted in article 12 of Law 3064/02 for ASSISTANCE to III. There has been enactment, within the context of the victims as well as the Presidential Decree 233//03 based on that general preventive functioning of penalties and the educative law, assistance to victims of criminal acts has been integrated in nature of general prevention efforts, of punishment for the “ex- Greek legislation for the first time: ploiter-employer” and the “client”, who are the driving forces in A) in implementation of the provisions: {in paragraphs 2 coercive work and coercive prostitution, by a penalty of impris- and 3 of article 7 of the aforementioned law} framework onment from six months to five years (articles 323A para. 3 and decision 629/2002 referring to the provision of “protec- 351 para. 3 of the Criminal Code, respectively). tion and assistance” to the child victims of trafficking and Also: Committee of Ministers Recommendations R(96)8, Through article 11 para. 2 of Law 3064/02, the crimes of R(87)21 and R(85)11 to the Member States of the Council Trafficking in Human Beings, Procurement and Lechery on a of Europe, {“on crime policy in Europe in a time of minor, for a reward, have been added to article 8 of the Criminal change”, “on assistance to victims”, and “on the position Code, making them punishable offences regardless of who of the victim in the framework of criminal law and pro- commits them and regardless of whether they are committed in cedure”} Greece or any other country. and Through article 11 para. 3 of Law 3064/02, the crimes of B) in full harmonisation with some of the provisions of Trafficking in Human Beings, Procurement, Lechery on a minor, framework decision 220/DEY/15-3-01 of the European for a reward, and Child Pornography have been incorporated Union Council (standing of victims in criminal proceed- into the list of crimes in article 187 of the Criminal Code, which ings), which has not yet been integrated in our national provides for and punishes the offence of CRIMINAL ORGANISA- legislation. TION, with this enactment also making it possible to implement The measures for ASSISTANCE to victims entail covering witness protection measures in connection with these crimes. their vital needs, their medical treatment, their psychological Finally, paragraph 5 of article 11 of Law 3064/02 adds the support as well as the provision of a legal advisor, and their im- criminal acts of Trafficking in Human Beings (article 323A C.C.) plementation has been assigned to Protection and Assistance and Procurement (art. 351 C.C.) to the lists of crimes in article 1 Units which cooperate or enter into contracts with Public or para. 1 of Law 2331/1995, now replaced by article 2 para. 1a of Private Law Bodies, Non-Profit organisations or Non-Govern-

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 49 mental Organisations, which take the appropriate measures re- Health System; this certificate shall expressly mention garding the safety of the victims and the areas where they the duration of protection and assistance” and reside. B) The Memorandum of Cooperation, implemented on The legislative complex of provisions regarding Assistance 29.11.2005 between seven Secretaries General of jointly was substantially supplemented and made more effective by competent Ministries, twelve Non-Governmental Organ- Law 3386/05, which regulates matters regarding “Entry, resi- isations and DOM. This Memorandum lays down the gen- dence and social integration of third country citizens in the eral conditions of cooperation between the Special Com- Greek State” (See relevant Directives: i) 2003/109 EC of the mittee of the Secretaries General and the Non- Council dated 25/11/2003, Off.Gaz. No. L 16/44EL-23/1/04 and Governmental Organisations, in order to ensure effective ii) 2004/81 EC of the Council, dated 29.04.04, Off.Gaz. no. L 261 protection and assistance for victims of trafficking in of 06/08/04 pp 0019-0023) since this law: i) determined the human beings. legal meaning of the term “victim of trafficking in human be- Study of the aforementioned provisions, together with ings”, ii) determined that this designation is attributed by an conclusions drawn from assessment of the progress and results ACT of the District Attorney of First Instance, who is also compe- of criminal proceedings brought for crimes of trafficking in tent for the “preparation of the report” required for the issue of human beings, suggests that, to fulfil the priorities of the Euro- a residence permit and iii) enacted, in articles 47 and 48, very pean Union in the sectors of FREEDOM, SECURITY and JUSTICE, significant measures settling matters of residence and lawful it is necessary, on the one hand, to enrich and enhance the pro- work in the country of persons designated as “victims of traf- visions of criminal substantive and criminal procedural law, and ficking in human beings”. on the other hand, to implement the development of networks In particular, article 47 refers to the first stage of the pro- and common training and to reinforce cooperation and ex- cedure concerning advice to victims on the possibility of being changes of best practices between the executives of the agen- granted a residence permit and the requirements for it. There is cies involved at national as well as transnational level. special provision for the case of unescorted minor victims re- To attain those goals, the Greek Ministry of Justice has garding the measures to be taken by the competent police and already taken the following steps: judicial authorities to determine their identity and nationality in 1. Integration of special courses in the training programme order to check that they are not escorted. Within the context of of the National College of the Judiciary and further train- this provision, every effort is made to locate the minor’s family ing of judicial officers, in the context of special seminars and the requisite measures are taken immediately to ensure and one-day conferences held in Thessaloniki in Novem- their legal representation and, if necessary, their representation ber 2004, at the National School of the Judiciary in Thes- during criminal proceedings. saloniki in February 2005, at a one-day conference at the Article 48 enacts for the first time the institution of the Administrative Court of First Instance of Athens in March one-month reflection period, which may be granted, revoked 2005 with members of the Committee for information for and, in the case of minors, extended by one month, by an ACT of judicial officers, policemen and students of the College, the competent District Attorney Authority. No decision of ex- at the War Museum of Athens with the participation on pulsion is made during such periods, and if one has already been 17-18 May 2005 of members of the Committee for infor- made, it is not executed. The instituting of a ‘reflection period’ mation for judicial officers, social workers and other is a step forward for the applicable legislation and makes a pos- jointly competent agencies, within the context of a two- itive contribution not only in the sector of assistance to victims, day conference; the latter event was held at the initiative but also to the prosecution and suppression of such crimes, of the International Organisation for Migration and with since the victim is entitled, after being informed by the compe- the support of the Ministries of Foreign Affairs and tent agencies of the possibility of being granted a residence Health & Social Solidarity to provide training for all indi- permit, if they cooperate with the authorities, to protection viduals providing services for victims of trafficking in from the aforementioned social support agencies and to decide human beings at state hostels and NGO hostels financed serenely and without fear of expulsion whether they wish to de- by the Greek State, using instructors brought in especially nounce the perpetrator. for the event from all over Europe. 2. Appointment of a special district attorney, at the District In the area of measures taken by the Greek State to Attorney’s Office of First Instance of Athens. provide Assistance to victims, the following elements are also integrated: 3. Constitution of a special Law-Preparatory Committee: a) to prepare ratification laws and bring Greece's criminal A) The Joint Ministerial Resolution Y4a/485666/06.05.05 of legislation into line with the provisions of: the Ministers of Economy & Finance and Health & Social Solidarity, which entered into force on 18.05.05, under i) the Council of Europe Convention on action against which (article sole, para. 6), “The alien victims of the Trafficking in Human Beings, crimes listed in articles 323, 323A, 349, 351A of the Crim- ii) the United Nations Convention against Transnational inal Code, as per the Presidential Decree 233/2003) who Organised Crime, as well as are not insured, are also entitled to immediate and free iii) the Protocol to the United Nations Convention aimed medical and pharmaceutical and hospital treatment by at preventing, suppressing and punishing trafficking in persons. the Services of the National Health System, for the entire b) to bring Greece’s legislation into line with the obligations duration of measures of protection and assistance, upon laid down by the Framework Decision of the Council of showing the relevant certificate issued by the respective 15 March 2001 (“Standing of victims in criminal proceed- Police Directorate directly to the Services of the National ings”) and

50 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division c) to incorporate in the national legal order the provisions entation and failure of the criminal proceedings but also of of Council Directive 2004/80/EC of 29 April 2004 “relat- criminalisation of innocent people. ing to compensation to crime victims”. Furthermore, {in view of the longer term possibility of In addition, court practice has taught us that achieving the risk to life beyond borders that hangs over the victims and criminal proceedings satisfying the requirements of a “FAIR their families and also significant witnesses in these cases and TRIAL” and correct judgments in line with the needs of modern the legitimate fear caused by this,} it is imperative not only for anti-crime policy, revolving around suppression, prevention and humanitarian reasons but also for the effectiveness of the pros- protection of the victim, requires: ecution of such crimes to enact witness protection measures, in • Special training, broad scientific knowledge and, cru- all cases where a prosecution is brought for a crime connected cially, cooperation at regional, national and transnational with trafficking in human beings. level of all the agencies involved;

• Involvement of mental health officers, at all stages of [Recommendations R(83)12 and R(85)11] criminal proceedings; Also, for the correct administration of justice, it is imper- • Cooperation with social scientists; ative to enact the possibility of suspending prosecution against victims for acts which in substance constitute the “required • Scientific methodology, in questioning and open court norm” for their exploitation by the perpetrators. proceedings;

• Individual treatment of victims and The contradiction that arises at the level of substantive criminal law is evident when case briefs are created and prose- • Substantial and non-bureaucratic use of the institution cutions begin simultaneously, for a breach of the provisions re- of assistance aimed at restoring the victim's mental- garding trafficking in persons or trading in slaves as well as for a physical balance since only victims who have mentally breach of the law regarding extradited persons or regarding recovered from their ordeal will be able to play a decisive aliens or for begging, for example, for which the VICTIM is pros- role in the criminal proceedings. ecuted (as for illegal entry, possession of forged travelling documents etc, since an individual may be convicted for these (According to the legislation in force, the legal status of a offences in which there is no “voluntary action”, which is one of “victim of trafficking in human beings” accrues through crimi- the requisite conditions for the constitution of criminal liability) nal proceedings; however, the success of such proceedings while, at the same time, at the level of criminal procedural law, depends on the quality of the pre-interrogatory material, the the same grounds pave the way for invalidating the proceedings gathering of which hinges on the competence of the Police. because the “victim” becomes “co-accused” with the perpetra- Consequently, it is clear that, in these cases, “questioning tor; if the victim becomes co-accused, the conditions for invali- duties” are to be performed only by specialised policemen, with dating the proceedings and acquitting the perpetrator arise in legal training, backed by psychiatrists and psychologists. The the event of there being no other evidence. (Of relevance here same scientific expertise in terms of knowledge, organisation are article 6 paras. 1 and 3(d) of the European Convention of and methodology is required at both judicial and administrative Human Rights and the respective judgments of the European level. Court of Human Rights).

Owing to the psychopathological strategies that victims Members of the Greek judiciary, who focus on the crimi- develop in order to survive their time in slavery, {scientifically nal act of greatest significance, are aware that: expressed in the terms “Identification with the perpetrator” (trader, exploiter-employer, pimp or procurer) or so-called • world justice, serving its institutional role, has to find the Stockholm syndrome, Avoidance and Mental Constraint}, the right medium between the major threats coming from painful experiences of that period (isolation, intimidation, rape, specific crimes and safeguarding the precious legacy of torture, coercive use of drugs) and the consequences of the the Enlightenment, HUMAN RIGHTS as rights of the TRAUMA affecting their personality, generally acting as a cata- victim and society, as well as those of the perpetrator, lyst, {generating or exacerbating existing deficits in their applying to the liable parties “according to one’s merits” psycho-social make-up or existing stressful or emotional fac- as Aristotle put it. tors, such as insecurity, instability, bipolar syndrome, fear, with- drawal, panic, depression etc) and also the SOCIAL STIGMA that Society, through its citizens’ attitudes, must condemn, is caused by their victimisation itself, the following are required isolate and destabilise criminals who use vulnerable victims as to approach them and gain their trust: respect, information in a objects to gain “dirty money” which is concealed and integrated language they understand about their rights and their obliga- into the economy of international society and then used to fund tions, encouragement, raising of their self-esteem, instilling numerous other criminal acts of organised crime, as well as ter- them with a sense of safety but at the same time and – this is rorism. very important – communication skills in parallel with knowledge of the differences in CULTURE as well as in the CONCEPTS Ladies and Gentlemen, the administration of criminal OF ETHICS and in the LEGAL SITUATION in their country of justice in its ethical dimension, as a VALUE, and the success of origin. If this scientific methodology is not applied at the inter- Anti-Crime Policy, on a transnational level, are matters that rogative proceedings, there is a risk not only of complete disori- concern all of us.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 51 Ireland

Ms Claire McKeon, Detective Sergeant, Garda National Immigration Bureau (GNIB), An Garda Siochana (Irish Police Force)

The role of An Garda Siochana with regard to Non-nationals Taoiseach, Mr Bertie Ahern. This award acknowledges the The Irish Police Force, An Garda Siochana come into efforts made by the Irish Police force in addressing difficulties contact with Non-Nationals at our Ports of Entry, In-State presented in the management of service to non-nationals en- Border Controls and during Deportation or Removals. During all tering into Ireland. of these processes the opportunity arises to detect illegal immi- Irish Police Operations gration and/or victims of trafficking, to detect false or forged documents, record information, take photographs/fingerprints The following two operations are currently being run in of non-nationals, check databases and engage in joint common Ireland targeting illegal immigrants and trafficking in human area travel initiatives between the United Kingdom and Ireland. beings. Operation Hotel was established in 2005 to target traf- Ireland have already and will train more people on how to rec- ficking of females from Eastern Europe to work in the sex indus- ognise Trafficking in Human Beings, how to detect false docu- try in Ireland. A national task force was set up to undertake mentation, how to detect trafficking and ensure officers ‘think’ criminal investigations that arose. A number of targets were trafficking in human beings when carrying out searches and vis- identified; two non-nationals were prosecuted and deported iting premises. from Ireland. In a related investigation where a female alleged she had been trafficked to Ireland for the purpose of prostitu- The Garda National Immigration Information System(GNIB IS) tion by members of the same criminal group, further suspects resident in Ireland were identified. Other suspects and locations The Garda National Immigration Bureau Information have been identified regarding unrelated investigations and en- System (GNIB IS) is one of the most important tools available to quiries are ongoing. This operation is still ongoing and the scope Law Enforcement in Ireland. It enables Law Enforcement to has broadened from outside of Eastern Europe. record data at our Ports of Entry, registration information, Operation Quest was established to investigate allega- details on deportations, details on documents produced, infor- tions that non-nationals were illegally being brought into the mation regarding Carrier Liability and Registration Certification State for employment in the Sex Industry; the main targets as- Payments. It is our Intelligence Recording System which con- sociated with ‘Operation Quest’ are lap dancing clubs. Several tains information on Work Permits, Visas and joint information persons have been interviewed, one suggested case of traffick- sharing between the United Kingdom and Ireland. This intelli- ing was identified, the suspect was a Bulgarian Citizen but it is gence System is rolled out to 98 locations around Ireland thus believed he has now left the jurisdiction. Prosecutions of enabling members of An Garda Siochana to access it easily on a owners/management of lap dancing clubs commenced where national basis. In 1998 there were 12,803 non-nationals regis- breaches of legislation were detected. tered in Ireland, in 2006 there were 144,090 non-nationals registered. In 1992 Ireland had 39 applications for Refugee status, Legislation in Ireland regarding Trafficking in Human Beings in 2006, there were 4,317 applications for refugee status. Irish legislation relating to trafficking in human beings is contained in the Child Trafficking and Pornography Act 1998 Travel Documents – the lifeline of illegal immigration and the Illegal Immigrants (Trafficking) Act 2000. False/forged/stolen travel documents are the lifeline of The Child Trafficking and Pornography Act 1998 contains illegal immigration. Recent examples of the extent of use of an offence, punishable by up to life imprisonment, criminalizing questionable travel documents include the following: In Sep- the trafficking of a person under seventeen (17) years, male or tember 2006 a postal package was sent from China to an female, into, through or out of Ireland for the purpose of that address in the West of Ireland, County Mayo; 20 Chinese Coun- person's sexual exploitation. terfeit Passports were found discovered concealed in dried sea- The Illegal Immigrants (Trafficking) Act 2000, includes an weed, the passports contained UK Immigration Stamps. Again offence described as the trafficking of illegal immigrants, under in September 2006 a Postal package intercepted – found to which it is an offence for a person to organise or knowingly fa- contain 148 documents concealed in tablecloths, including; cilitate the entry into Ireland of another person whom that Stolen blank Nigerian Passports, AA series Nigerian Passports, person knows or has reasonable cause to believe is an illegal im- Bio- Data pages for Nigerian passports, Stolen blank South migrant. The penalty on conviction on indictment for this African Passports, Laminates for use in South African passports offence is a maximum of ten (10) years imprisonment or an un- and Ghanaian Passports. In August 2006 in the ‘Leonardo da limited fine or both. Vinci’ Airport in Rome, Customs found a parcel purporting to Legislation creating an offence of trafficking in persons contain cosmetic products as well as CD Roms. The parcel came for the specific purpose of sexual or labour exploitation is con- from the State of Oyo in Nigeria and was destined for Dublin, tained in the draft Criminal Justice (Trafficking in Persons and Ireland by a flight which transited Rome, Italy. The parcel was Sexual Offences) Bill which is currently being drafted. This Bill discovered to contain 33 genuine passports and 1 forged pass- will comply with the EU Framework Decision on combating traf- port. ficking in persons for the purpose of their sexual and labour exploitation and will also fulfil the criminal law requirements of Public Service Excellence Award two other international trafficking instruments, the Protocol to In July 2004 An Garda Siochana were awarded a Public prevent, suppress and punish trafficking in persons, especially Service Excellence Award for Service to Non-Nationals by the women and children, which supplements the UN Convention

52 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division against transnational organised crime and the Council of Europe • Continued liaison with the UK authorities through Opera- Convention against trafficking in human beings. tion Pentameter & newly created UK Human Trafficking However, the Criminal Justice (Trafficking in Persons and Centre (UKHTC). Sexual Offences) Bill will be more comprehensive and not only • Hosting of EU AGIS funded conference in Dublin in deal with trafficking issues; it will also provide greater protec- November 2005 titled: “Prevention, Detection and Inves- tion to vulnerable persons against sexual abuse and generally tigation of trafficking in human beings; & Prevention of keep our legislation in that respect up to date in that it will, corruption of public officials in the administration of inter alia, provide for compliance with a second EU Framework Immigration regulations”. Decision negotiated after the trafficking instrument, that is, the • Distribution of a Manual of Best Practice arising from a Framework Decision combating the sexual exploitation of chil- conference held in November 2005. dren and child pornography. • Co-ordination by Garda National Immigration Bureau A contract will shortly be signed for the provision of regarding investigations relating to THB; equipment which will allow Ireland to fingerprint all non-na- • Continuation of Operation Hotel designed to target those tionals who claim asylum in this country. It is an integral part of engaged in THB. the GNIB system and it will mean that both fingerprints and photographs of all non-nationals who register in Ireland will be Interaction with IGO’s/NGO’s electronically recorded. It is part of Irish legislation that all non- The following are the domestic agencies that An Garda nationals register and all details are recorded in the GNIB Siochana and the Garda National Immigration Bureau (GNIB) in system. particular engage in regular contact with regarding immigration issues and we also engage in an exchange of information Training with a number of Government Departments and agencies in- Ireland is mindful of the fact that there is a lot to learn in cluding the Department of Justice Equality and Law Reform, the relation to dealing with Trafficking in Human Beings. The way Refugee Applications Commissioner, (RAC), and the Department to recognise Trafficking is through awareness raising, training of Enterprise, Trade and Employment regarding Work Permits. and pro activity which is key to addressing a variety of issues. • Port Authorities; • Health Service Executive; A Counter-Trafficking in Human Beings Training Course • Office of Refugee Applications Commissioner; for 50 Garda Personnel was carried out in July 2006 aimed at raising awareness of the existence of the phenomenon of traf- • International Organisation for Migration (IOM); ficking in human beings. It was a joint effort between An Garda • Irish Refugee Council; Siochana, National NGO Ruhama, and our Health Service, co- • Migrants Rights Centre; ordinated by IOM, drawing on International Experience and • Ruhama; aimed initially at Specialised Garda Personnel working in our •Ireland en-Route; Immigration Department and our Regional Training Developers • Immigrant Council of Ireland. who will in turn role out awareness to operational police on the Regarding International Communications, a Garda Na- ground. The topic will also be included as part of the curriculum tional Immigration Bureau Liaison Officer has been tasked with in our Police Training College so that all new police will be aware dealing with requests for information received from Interpol of what THB is. and Europol, Airline Liaison Officers are intermittently based at The Minister for Justice, Equality and Law Reform has just hub airports in EU Member States, access is provided to Inter- announced that Ireland will sign up to the Council of Europe pol’s global police communications system (I 24/7), at all Ports Convention on Trafficking and outline a policy in relation to of Entry in the State enabling search and cross checking of data, handling these cases. a Criminal Intelligence Officer has been seconded to the Traf- ficking in Human Beings Sub-directorate in Interpol, Lyon. In order to equip members of An Garda Siochana to tackle Members of An Garda Siochana participate in the Interpol Trafficking in Human Beings Ireland has been quite active. Working Group on Trafficking in Women, Some of these activities include: GNIB and PAF regularly liaise regarding French and Irish • Participation in an International Training Seminar for Law routes and a GNIB immigration officer is appointed to liaise with Enforcement Officers on Child Trafficking in Austria the UK Immigration Service and PSNI in relation to border im- March 2006. migration issues. • Training of Border Guards, Police and Customs Officials in Identifying and Providing Assistance to Victims of Traf- Publicity Campaign ficking. (Budapest, Dublin, Brussels; October 2005). In May 2006 Ireland’s Minister for Justice, Equality and • Launch of publicity campaign in May 2006, designed to Law Reform launched a publicity campaign designed to encour- encourage victims of human trafficking to report their age victims of human trafficking to report their plight to law plight to law enforcement authorities; enforcement authorities, the purpose was to encourage people • Holding of a pilot training course designed to enable to come forward, while the response was not as high as ex- members of the Garda Siochana to identify victims of THB pected it has highlighted the problem in general to Irish Society and deal appropriately and sensitively with issues including customers of prostitutes for example and further ini- involved; tiatives may be planned in this area. • Continue liaison with non-governmental organisations At the 1st Training Course on Trafficking in Human with a view to identifying victims of trafficking/smug- Beings, personnel from the United Kingdom were invited and a gling and providing for their welfare and protection. joint presentation was made by the Head of the UK Human Traf-

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 53 ficking Centre D/Chief Superintendent Nick Kinsella and Deputy priority when tackling this area. Ireland needs to provide appro- Head of the Irish Garda Immigration Bureau Detective Superin- priate training to all police/immigration personnel and recog- tendent John O’Driscoll on ‘Operation Pentameter’ carried out nise the need for robust border controls as a means to identify by both police forces. and prevent Human Trafficking. The gathering and sharing of information/intelligence must be a priority along with engaging Conclusion in cross border co-operation within the Common Travel Area, In conclusion there is evidence to suggest that Trafficking cooperating within the EU and participating internationally. in Human Beings is occurring in Ireland. There are a small Asset seizure should be a consideration in all investigations tar- number of cases to date with the potential to grow to more sig- geting traffickers and finally it is important to be alert to the nificant levels. There is no room for complacency, Ireland need issue of corruption of public servants who have responsibilities to be vigilant and proactively discover incidents of Trafficking. relating to the granting of permissions to immigrants to land/ They need to be aware of additional risks arising from new remain in a jurisdiction. countries joining the European Union and consider victims as a

Italy

Mr Mario Palazzi, Legislative Advisor to the Italian Minister for Rights and Equal Opportunities, Deputy President of Italian Commission against trafficking in Human Beings

Mr. Chairman, Ladies and Gentlemen, Dear Colleagues, in which the Public Prosecutor has an important role to play, The purpose of the presentation is to illustrate the main and the second one is a social procedure (“social path”), involv- achievements of the Italian legislator in his endeavours to ing the local authorities, associations and NGOs as main refer- combat trafficking in human beings. In doing this, I would also ence points. like to point out what we consider to be best practice examples. The “judicial path” implies that the victim will cooperate Italy, owing to its geographical position, has to deal with with the police and the prosecutor. She/he will be instrumental an increasing inflow of foreign nationals from various parts of in bringing charges against the perpetrator by filing of a com- the world. plaint. The starting approach has been to focus on the clandes- The “social path” does not require the formal report to the tine immigration problem from which trafficking chiefly de- Police but the submission of a “statement” (containing provable rives. key-information) by an agency accredited under Article 18 As regards domestic legislation on immigration, the (NGO) or by the public social services of a City Council on the turning point came with the introduction of law n. 40 in 1998. behalf of the victim. This is because some victims do not have This was the first law on immigration in Italy and contains the relevant information about the criminal organisation; or the first legislative tools in Europe to combat trafficking and guar- criminals have already been prosecuted; or “simply” because, at antees the victim’s protection. the beginning, they are too scared for their own or their rela- At the moment of its approval – prior to the Protocol of tives’ safety to press charges. Nonetheless, these factors do not Palermo, the European Union decision and the Council of diminish their “victim status” and the need to receive help and Europe Convention – an agreed definition of the trafficking support. phenomenon was still missing and the legal and social experi- In the Italian experience many women who began the ence was still limited. social path, after having been reassured and having gained new Nevertheless, Italy has given primary attention to the trust in institutions and legality, came to the decision to file a protection and assistance of victims as well as to combating complaint against their traffickers and/or exploiters. traffickers’ activities. This measure has had a significant effect in securing suc- The proactive victim-centred approach is its force. cessful prosecutions of traffickers, by assuring victims that their Let us now turn to a more detailed examination of article security will not be jeopardised if they denounce or give evi- 18, the cornerstone to afford assistance and protection to vic- dence against those who have trafficked them. tims, which is among the “humanitarian provisions” of the Im- Until December 2006 programmes of assistance, accord- migration Act. ing the issue of a residence permit, were addressed only to citi- This article introduces a renewable residence permit for zens coming from outside European Union. the purpose of social protection. A foreigner who has been a victim of trafficking can obtain such a permit in order to “escape The analysis of victim’s nationality highlight that about violence and coercion by a criminal organisation and take part 30 % of them come from Romania, a member of European in an assistance and re-socialisation programme”. Union from the current year. This renewable permit does not oblige the person to go To avoid the interruption of the programmes and to back home once the programme is over. In fact, if the person has ensure protection also for the future, the Italian Government a regular job at the end of the programme, they can remain in has amended the law: now programmes of assistance and pro- Italy according to their work contract’s conditions and, eventu- tection are addressed to victims of any nationality. ally, they can also apply for permanent residency. Summarising, these are the focal points of Italian system, Two separate ways of obtaining the residence permit ac- in harmony with human rights principles: tually exist. The first one is a judicial procedure (“judicial path”), • the permit is not intended to function as a ‘reward’;

54 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division • we try to ensure programmes of social assistance and In addition to that, last year, from a different special fund, integration for all victims of trafficking, not depending 26 projects have been founded to grant temporary adequate on behaviour or nationality. first accommodation, board and lodging for the victims of traf- The Italian system has had many encouraging results – as ficking. I will explain later – however, it was necessary for national leg- NGOs, associations and local authorities (Municipalities, islation to respond to the new dimension of the phenomenon as Provinces and Regions) yearly submit their project proposal to well as development in the international legal context. the Department for Rights and Equal Opportunities. With Law 228/2003 on Measures against Human Traffick- The NGOs applying for the funding must involve a local ing, Italy amended the Criminal Code. authority as project partner. In accordance with international obligations, Law 228/ In order to be eligible for the funding, the NGO or the as- 2003 accurately defines a series of criminal offences to combat sociation must be enrolled in the register of NGOs and bodies trafficking in human beings, and includes those to address carrying out assistance to migrants. slavery (articles 600, 601, 602). Within each individual programme various activities and In particular, the following previsions have been services are provided to the victim: amended: reduction in slavery and servitude (article 600 crimi- – Board and lodging nal code), trafficking and slaves trade (article 601 criminal – Social counselling code), acquisition, sale and transfer of slaves (article 602 crimi- – Psychological counselling nal code). – Social and health care services accompaniment Furthermore among such crimes, have been included – Free legal consultancy and assistance those which have as their purpose the setting up of criminal – Social activities groups. – Educational and training activities Italy has not only made penalties stricter (imprisonment – Italian language classes from eight to thirty years), but also radically reformulated – Education slavery crimes, adjusting norms (originally promulgated in 1930) – Vocational guidance to the modern features and characteristics of trafficking. – Training activities The main merit of the new provisions is addressing situa- – Job placement tions in which the victim is not subjected to total control (i.e. In 6 years, over 45.000 presumed victims were contacted the victim has some freedom of movement) nor to cruel forms and referred to social services (medical, psychological and legal of violence. services); 11.486 of them (of which 678 were minors) were introduced to social protection projects; 13.800 benefited from liter- In accordance with the spirit of Palermo Protocol, a acy and vocational training courses; 5.513 found employment. central rule therefore was attributed to the “abuse of a position Another important tool must be mentioned in this frame- of vulnerability”. work of governmental and nongovernmental actions to combat Specific attention is paid to the involvement of organised trafficking in human beings: the Toll Free Number against Traf- crime, with stricter treatment than is usually provided for crim- ficking. inal conspiracy. This is a national hotline directed to victims of trafficking, Under the new previsions there may also be corporate lia- clients, social and law enforcement agencies and the population bility. at large. Financed by the Interministerial Commission, the Free At the same time, this law extended the application of Number is composed of a single central headquarter that func- provisions for Mafia, terrorism, and subversion crimes, to human tions as a filter for the calls and 14 territorial branches located trafficking and slavery, on the clear assumption that they occur in 14 different regional or interregional areas throughout Italy. with similar characteristics of seriousness and of social alarm. In most cases, the territorial branches of the service are In this field, it is now possible to: make use of collabora- managed by the same NGOs and public institutions responsible tors of justice, and of the undercover operations; to omit, or to for the implementation of projects funded within the Art. 18 delay seizure, arrest, provisionally arrest, or apply precautionary Programme. measures; to have a wider use of taps on phones and communi- The types of information asked for concerned: pro- cation; to apply particular types of seizure and confiscation of gramme of Social Protection and Assistance, legal advice, socio- assets. sanitary services and addresses. Information is provided in the I would now like to provide some information on assist- various languages spoken by the target group, including: Eng- ance programmes as a best practice example. lish, Albanian, Russian, French, Spanish, Rumanian, and Bulgar- In Italy an inter-ministerial Commission coordinates, ian. monitors and plans all national resources allocated to social as- A high number of victims assisted by programmes have sistance and integration programmes for victims of trafficking. been contacted via this tool. In the last 6 years the Programme has funded 448 projects In Italy particular attention is paid to children, also throughout the country. The call for the submission of project through a national Observatory against child abuse and por- proposals is launched yearly by the Department for Rights and nography. Children are particularly vulnerable to trafficking, as Equal Opportunities, which technically and financially runs the it is easier for traffickers to target them through coercion, de- Programme. It is important to underscore that also in this case ception or manipulation and because they are more dependent each grant – by law – is co-financed by the Department for on adults and have fewer possibilities to escape an exploitative Rights and Equal Opportunities (70% of the eligible costs) and relationship. In general, children have a limited ability to under- by a local authority (30%). stand fully the consequences of their actions. Therefore, even

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 55 when a child agrees to be trafficked and/or exploited, consent which will be discussed in the next few months by the Italian cannot be assumed. This is recognised in the Palermo Protocol, Parliament. where the definition stipulates that, in the case of children, the Italy plans to introduce new legislative criteria to detect use of force, coercion or deception is not required for the rele- labour exploitation; in brief these are: vant prevision to apply. 1. unfair wages, compared to the minimum established by As a general rule, Italian law protects all foreign minors collective bargaining; within Italian territory, victim or not, and guarantees the princi- 2. grave and repeated infringements of labour laws on the ple of “non-expulsion”. matter of working time; The Council of Europe is working on a draft Convention 3. serious infringements of health and safety at work previ- on the protection of children against sexual exploitation and sions; sexual abuse. Italy actively participates in this project and is 4. recruiting of illegal workers. ready to share its experience. As I have explained when forced labour practices go on In 1998 Italy amended the criminal code by introducing and involve slavery-like practices and servitude, it is qualified as new offences: Article 600-bis “Child prostitution”, Article 600- human trafficking; a very serious criminal offence ruled by ter “Child pornography”, Article 600-quater “Possession of por- article 600 penal code. nographic material”, Article 600-quinquies “Tourist initiatives aimed at the exploitation of child prostitution”. Italy plans to extend prosecution against labour exploita- At the beginning of 2006 a new law was enacted, in order tion, also including even less intensive types of labour, ruling to ensure more effective and severe punishment for this cate- also on protection for the victims and the granting of resident gory of crimes. permits for illegal immigrants. Unfortunately, a detailed explanation of the system is I hope that these previsions can be approved rapidly by outside the scope of this presentation; I would, however, like the Italian Parliament. emphasise some general aspects. At the end let me say that the unconditional protection Sexual exploitation of children is strictly punished. of victims and the steadily increasing social involvement of the Any sexual intercourse with a minor under 18 years of private sector are without doubt the main features of the Italian age, in exchange for money or other material benefits is consid- model, and represent decisive factors for its effectiveness. ered a crime and punished with two to five years imprisonment; Fighting trafficking in human beings is certainly not an this is an effective measure to discourage demand. easy task, but there is no doubt that it is one of the main chal- As we come to the end of my presentation, let me say a lenges of this century. few words on a new Bill, approved by the Council of Ministers, Thank you very much for your attention.

Moldova

Ms Carolina Miscoi, Centre for combating trafficking of persons, Ministry of Interior

Mr Chairman, Ladies and gentlemen, Dear Colleagues, tions on combating transborder crimes, in particularly THB, is I would like to extend our sincere appreciation to the currently being enhanced and strengthened. Ministry of Interior of Cyprus Republic and to the Council of The Government of the Republic of Moldova is conduct- Europe for organising this Seminar. ing complex measures that were worked out and executed in I will start the presentation with a brief introduction to compliance with the requirements set by international and re- the situation in the Republic of Moldova with regard to the “Mi- gional organisations. gration and trafficking in human beings” issue. In this context, we need to enhance cooperation among According to the population census from 2005, the popu- the states of South Eastern Europe and strengthen the joint lation of the Republic of Moldova constitutes 3,581,000, and efforts of all participating countries at this Forum. the level of migration constitutes 397,000 of migrants versus 570,000 of migrants, as reported by the National Migration Legislation Office the same year. In the aim of enhancing the fight against illegal migra- Moldova is a country of origin, and to a lesser extent a tion and trafficking in human beings, the Government of Re- country of transit, for trafficking in human beings. public of Moldova, by the Decision no. 1219 from November The most relevant states of destination for the trafficked 09th 2001, adopted the National Committee and the National victims from Moldova are Russia, United Arab Emirates, Turkey, Plan of Actions on prevention and combating trafficking in Poland, Italy, and other countries. human beings. The most frequent type of exploitation is sexual exploita- In 2002, the Government established a National tion, followed by begging, and labour exploitation. Working Group, which developed a multi-year strategic plan Each of us realises that trafficking in human beings is one for combating trafficking. of one of the most serious problems encountered in the South In the Republic of Moldova the New National Plan for Eastern Europe and is a flagrant violation of human rights. Prevention and Combating Trafficking in Human Beings, ap- The cooperation that exists between the law enforcement proved by the Governmental decision no. 903 from bodies of the Republic of Moldova and international organisa- 25.08.2005, was adopted.

56 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division By the Governmental Decision no. 775 from 01.08.2005 These documents are elaborated through a participa- the composition of the National Committee was approved. tory formula, aiming at harmonisation of a unique approach In the aim to prevent and combat illegal migration and between state structures and nongovernmental organisations at trafficking in human beings, the Secretary of the National Com- the level of perception as well as at the level of its implementa- mittee appointed a police officer from the Anti-Trafficking tion in practice. Centre. Law enforcement institutions already established cooper- According to the provisions of the Council of Europe ation relations with similar institutions from more European Convention on the fight against trafficking in human beings, countries, for more efficient activity in the domain of combat- signed by the Republic of Moldova on 06.05.2005 in Warsaw, ing illegal migration. Poland, the legal framework of the Republic of Moldova was An example is the efficient cooperation with the Law en- adjusted to the international standards through the prism of re- forcement institutions from Austria, Hungary, Romania, and Re- specting human rights and offering and granting assistance to public of Moldova in the framework of international operation victims of trafficking and at the same time to hold criminally li “Urma”, “Expeditie”, which has, as its purpose, international able those offenders who previously profited from gaps in the documentation of criminal groups, implied in illegal migration existing legislation. and trafficking in human beings, having the Republic of Thus, by the Law nr. 67-XVI from 30.03.2006 the Moldova as their source country. Council of Europe Convention on the fight against trafficking in The creation of the Centre for Combating Trafficking in Human human beings was ratified. Beings in Republic of Moldova. With the purpose of achieving more efficient activity of the law enforcement institutions in the domain of combating On 06.09.2005, between the Government of the United trafficking in human beings, on 20th October 2005 the Law nr. States of America and the Government of the Republic of 24 - XVI “On prevention and combating of trafficking in human Moldova the amendment to the letter of agreement on narcot- beings” was adopted. ics control and law enforcement of august 28, 2001 was signed. Thus, par. 3 of the art. 21, 165 and 206 of the Criminal The CCTIP ("the Centre") is a specialised body of prosecu- Code referring to the setting of criminal liability for legal tors, investigators, analysts and support personnel created to persons and persons holding responsibility in office who are combat trafficking in persons. The mission of the Centre is to implied in trafficking in human beings and illegal migration was investigate, apprehend, and prosecute individuals and organisa- completed. tions involved in trafficking in persons within Moldova and the region. At the same time the Criminal Code by art. 361/1 “Or- ganizing of illegal migration”. was completed The Centre is established on the premise that the capa- bilities of investigators and prosecutors to successfully prose- Carrying out these amendments and modifications was cute trafficking in persons and related crimes are enhanced in a conditioned by the necessity to adjust the Criminal Code to the collaborative setting where information, resources and expertise Criminal Convention on Corruption, signed by the Republic of can be shared in working towards a common goal. Moldova on 24th of June 1999, the UN Convention against The Centre will integrate the work of specialists from Transborder Crime and Additional Protocols to these, signed by the Ministry of Interior (MOI), Department of Customs (MDC), the Republic of Moldova on 14th December 2000, which finally Border Guards Department, Security and Information Service will give the possibility to hold criminally liable all persons (SIS), Centre for Combating Economic Crimes and Corruption implied in committing these crimes. (CCECC), and the Office of the Prosecutor General. With the view of fulfilment of provisions of art. 35, par. The Centre will host the IAAB ("the Bureau") to facilitate (1) of the Law nr. 241-XVI from 20th October 2005 “On preven- the exchange of information on trafficking in persons among tion and combating of trafficking in human beings and National the countries of the Southeast Europe Cooperation Initiative Plan for prevention and combating trafficking in human be- (SECI), the GUAM group, and other countries and international ings”, there were forwarded to the Government proposals organisations as appropriate. viewing the amendments of some articles from the Law nr. th 1458-XIII from 28 January 1998 on state protection of the Mission injured party, witnesses and other persons assisting the trial The Centre is the primary agency within the Republic of process. Moldova, having the jurisdiction to investigate and prosecute The competent state bodies and civil society partici- trafficking in persons and related crimes. pated in the elaboration of laws as well as the NAP. The Centre will work closely with designated anti-traf- The legislation is also highly advanced and oriented ficking district prosecutors and investigators, who will have dual towards the victim’s rights (for instance, recommendation not jurisdiction over trafficking cases, with the Director of the to confront the criminal in court) and is in conformity with in- Centre having ultimate authority to determine whether cases ternational standards and recommendations within the field. will be investigated and prosecuted by the Centre, locally or in To enforce the law, a set of documents is under final revi- combination. sion, such as: The Centre will utilise its specialised resources to investi- • Regulations on shelter function; gate, to prevent when possible, and to prosecute criminal cases • Regulations on repatriation; and/or threats when: (1) information regarding trafficking in • The concept and indicators with regard to the identifica- persons is developed within Moldova and/or brought to tion of trafficked persons; Moldova by another country or international institution; • Standards regarding assistance to the victims. (2) trafficking-related instruments or crimes are discovered in

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 57 relation to other crimes or investigations; and/or (3) official po- Type of crime 2005 2006 sitions are misused to facilitate the trafficking of persons across international borders. ART. 165 Trafficking in 239 245 Joint research was undertaken at national and interna- Human Beings tional level, ensuring exchange of information and establishing ART. 206, Trafficking in 53 59 co-operation in view of professional training, sharing of infor- Children mation and practices and detection of trafficking channels, ART. 220 Pimping 77 31 within the framework of SECI Centre in Romania, Macedonia, ART. 362/1 Organiza- Bulgaria, Albania, Hungary. Contacts with SECI Center observers _ 31 tion of Illegal migration from USA, France, Italy, United Kingdom of Great Britain, Ger- many, Spain, Ukraine and other countries was also established. TOTAL 396 459 Moldavian police officers from the Centre for combat- As for the persecution of the offenders, during the ing trafficking in human beings participated at various meet- period of 2006 the law-enforcement bodies detected and reg- ings, conferences, national and international workshops on istered 254 criminal cases connected with trafficking in human combating trafficking in human beings and illegal migration in beings. 444 criminal cases on human trafficking infringements the following countries and cities: Romania, Austria, Belarus, were sent to the court for investigation, among them 229 of Ukraine, Georgia and Serbia. criminal cases on trafficking in human beings. A Memorandum of understanding has been signed • 173 persons were sentenced by court, between the Centre for combating trafficking in persons, CPTW • 62 of them were convicted of trafficking in human and IOM. beings. Special attention is paid to the protection and assistance • 67 persons were sentenced to imprisonment (the maxi- of the victims of THB and respecting their rights. mum period of imprisonment is 22 years; In this sense, within the Centre for Combating trafficking in • the minimum period is 4 years). human beings a specialised Section, which is responsible for the With regard to the assistance to the trafficked persons, witnesses and victims protection, was created. the following services are provided in Moldova: medical assist- Here we can mention that the non governmental organi- ance, psychological counselling, professional orientation and sations such as: IOM, International Centre „La Strada”, “ Centre professional training, job placement, humanitarian assistance for Prevention Trafficking in Women, organised different in- etc. formation campaigns for the media regarding illegal migration Next steps that need to be taken in the Republic of and trafficking in human beings. Moldova are: • Approval of the NAP for 2007– 2008 As well, these organisations offer judicial, social, psycho- • setting permanent secretariat within the NC; logical assistance to the victims of trafficking assisting their re- • Approval of a national strategy for assistance and protec- habilitation and reintegration within the society. tion of VoT; As for the main achievements in the field of prevention, • Intensification of cooperation with prosecutors, ONG-s to we can mention that public information and awareness raising set up meeting with victims of THB, returning home, with campaigns with regard to the risks of illegal migration and traf- a view to gathering intelligence on traffickers and inter- ficking in human beings are organised annually. national trafficking routes; A National La Strada "Hot Line" is operated. In closing, I certainly hope that our activity during these Vulnerability reduction programmes (economic pro- days at this Seminar will encourage many countries to ratify the grammes) are implemented. These programmes include profes- Council of Europe Convention on Action against THB and will sional orientation and training, and job placement for risk significantly contribute to the attainment of our goals in this groups. These programmes are mostly implemented by interna- fight. tional and nongovernmental organisations. Thank you for your attention.

Romania

Ms Alexandra Petrache, National Agency Against Trafficking in Persons (NAATIP)

The Romanian Government, taking into consideration by the victims and streamlining the effectiveness of prevention ac- priority, the issue of trafficking in persons, set up the National tivities and issued the new GD no. 1083 of August 16, 2006. Agency against Trafficking in Persons through the Government Decision no. 1584 of December 8, 2005 (Official Gazette of The Role and Purpose of the Agency Romania no. 5 / January 4, 2006). Following the EU recommendations and the 2006 Report • The Agency represents a specialised body of the central on trafficking in human beings of the US State Department, the public administration, with judicial status, under the Romanian Government decided to amend the GD no. 1584/2005 coordination of the Ministry of Administration and Inte- with the view of improving the quality of services provided to rior;

58 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division • The Agency is coordinated by a President appointed by nising the specific national legislation with the commu- order of the Minister of Administration and Interior and is nitarian Acquis. directly subordinated to the Minister; • The Agency coordinates, evaluates and monitors at The Service for Preventing Trafficking in Persons national level the implementation of policies in the field – coordinates at national level the prevention activities of trafficking in persons by the public institutions and by carried out by the structures responsible for reducing the those in the field of protection and providing assistance dimensions of the trafficking in persons; to the victims of trafficking; – raises awareness among the general public with respect • The Agency is authorised to disseminate, within the legal to the danger represented by this phenomenon; framework, official data and information in the field of – monitors and evaluates the activities stipulated in the prevention of trafficking in persons and assistance pro- National Action Plan against Trafficking in Persons, in vided to the victims of trafficking in persons. pursuant of the objectives of the National Strategy against Trafficking in Persons; Main attributions of the Agency – administrates the phone line HELP LINE. • To draft the National Strategy against trafficking in per- The National Agency against Trafficking in Persons has sons; also 15 Regional Centres, set up in the counties where the • To draw up the national standards in the field; Appeal Courts function. • To establish the indicators and evaluation criteria of the – Analyse the phenomenon at local level and informs about trafficking in persons phenomenon; the emergence of new patterns of operating; • To collect, store, process and analyse statistical data and – Monitor the implementation of the National Anti-traf- information in its area of responsibility; ficking Plan’s provisions at the local level; • To carry out surveys and research on the diagnosis and – Identify mal-functioning elements and formulate pro- evolution of the trafficking in persons phenomenon; posals for improving the national identification and • To submit proposals for the amendment and completion referral system; of the legislation in the field; – Facilitate local and regional communication between the • To develop programmes and projects in the field of pre- structures involved in the anti-trafficking fight; vention of trafficking in persons and assistance provided – Support the anti-trafficking local initiatives; to the victims of trafficking and to provide other institu- – Inform the authorities with responsibility for solving the tions with needed support in running programmes, on issues with which the victims of trafficking are con- request; fronted in the process of assistance and reintegration; • To draw up national interest programmes on preventing – Monitor and evaluate the activity of the shelters for the trafficking in persons and assistance provided to the vic- victims of trafficking. tims of trafficking with the view of their social reintegration; HELP LINE – 0 800 800 678 • To carry out international cooperation activities in the This service is targeting: field and to monitor and evaluate the international coop- – The persons who want to take a decision regarding work- eration activities carried out by the public institutions in ing abroad; the field of competency; – The persons sequestrated or in difficulty, who need help; • To have representatives in the specialised groups or struc- – The persons signalling that a relative or a close friend is a tures of the European Union, as well as in the interna- victim of trafficking in persons. tional organisations in the field. The Service for Monitoring, Evaluating and Research of Provided information: Trafficking in Persons, within the Agency: Regarding travelling abroad: • establishes, together with the other structures of the – the VISA regime (the procedure and the general docu- Agency, other institutions and NGOs, the indicators and ments necessary to get the visa) in the country in which the evaluation criteria of the evolution of trafficking in the person is willing to go, depending on the purpose of persons phenomenon; the visit; • analyses the trafficking in persons phenomenon from the – advice and recommendations on how to recognise the etiological point of view, also taking into account its risks and the suspicious situations/ to avoid the danger of structure and dynamics based on its own data and on the trafficking in persons/ on protecting the rights and free- data submitted by structures with attributions in the dom of the migrants; field; – the legal provisions of the main destination countries on • centralises and evaluates on a quarterly basis, or when migrants, marriage with foreign citizens, studying necessary, all the data submitted by the authorities, insti- abroad; tutions and organisations involved in reducing the trafficking in persons phenomenon and those involved in Regarding working abroad: providing assistance and protection to the victims of traf- – verifying the legality of the employment firm as well as ficking; of the offer; • Participates in regional, communitarian and international – means, procedure and the necessary documents for work- programmes with projects, statistics and assessments on ing abroad; reducing the trafficking in persons phenomenon, harmo- – the procedure of getting the visa/ working permit.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 59 Regarding travelling abroad on tourist purposes: Organised Crime, Ministry of Justice and USA Embassy in Bucha- – verifying the legality of the offer or of the travel opera- rest, launched, in November 2006, the Victim/Witness Coordi- tor; nation Programme in the Southern and Eastern part of the – the procedure for getting the tourist visa; country. 26 victims are included in the programme until the – useful advice regarding travelling abroad. end of 2006. The second phase (Western and Central part) will be launched in February, 2007. Regarding studying abroad / au-pair system: The TIP National Data Base, which has been operational – information about the au-pair system; within the framework of NAATIP since December, 2006, allows – procedure, requirements and documents for participating better identification of the victims and a faster response to their in such a system; needs. Based on its data, the first Evaluation Report will be pre- – procedure for getting the study visa; sented to the public in July-August, 2007. A List of indicators – recommendations. (containing various data about trafficking, victim assistance and • Regarding marrying abroad: social reintegration) were agreed by NAATIP, Police, Border – ways of registering the marriage; Police, Gendarmerie and other agencies, as well as by NGOs and – procedure and the necessary documents; provides the basis for further reports to the National Data Base. – useful advice on marrying a foreign citizen. A Programme of National Interest for victim assistance was created by the NAATIP in the last Quarter of 2006 to make Counselling on providing social assistance: Governmental funds available for NGOs in order to ensure a – assistance for the victims of trafficking in women in better quality of services for TIP victims. It was approved by the recovery and repatriation; Minister of Administration and Interior and around 800,000 – assistance for victims of trafficking in rehabilitation and RON (more than 300,000 USD) will be available no later than reintegration; June, 2007. – social assistance for the family of the returned trafficked The Quality Standards for TIP Victims Assistance was persons; created by NAATIP (in consultation with the agencies and NGOs – information support for the relatives of the trafficked involved) and is pending Governmental approval. persons, in case the place in which the trafficked person is being kept, is not known; Campaigns developed in 2006: – the contact details of the organisations which can pro- – 2 EXIT campaigns developed in partnership by MTV Great vide assistance/ information in the anti-trafficking field, Britain, ADPARE and the National Agency against Traf- of the organisations for migrants, diplomatic missions, ficking in Persons (in Cluj and Costinesti). 13.000 young charity organisations within and outside the country. people, between 16 and 25, have participated in those Last year, the National Strategy against Trafficking in campaigns and fliers and CDs were distributed; Persons 2006-2010 was approved by the Governmental Decision – Romania was part of the European effort for preventing no. 1654/2006 and published in the Official Gazette of Romania THB during the World Cup 2006, Germany, by promoting, no.967 of December 4, 2006 and also the 2006-2007 National in partnership with AIDROM, the “Don’t pass on human Action Plan for the Implementation of the National Strategy beings” campaign; against Trafficking in Persons 2006-2010 was approved by the – one national campaign developed by the National Agency Governmental Decision no. 1720/2006 and published in the Of- against Trafficking in Persons, with the financial support ficial Gazette of Romania no.1009 of December 19, 2006. from the US Embassy. The campaign (“Be careful, you will In order to provide more support to the victims that pay”) was launched in December 2006 and is addressed at testify against traffickers and avoid them withdrawing because young people between 16 and 25. During this campaign of the traffickers influence, NAATIP, in collaboration with the Agency’s free number 0 800 800 678 will also be pro- General Prosecutors Office, general Directorate for Countering moted.

Ukraine

Mr Andriy Melnyk, Ukrainian delegation on the national campaign against trafficking in human beings

Dear Madam Chair, Dear Mr Savides respective states can share their experiences in the sphere of im- On behalf of Ukraine’s authorities, this delegation would plementation of the Convention’s provisions. like to express the thans to the Government of Cyprus and the The exchange of views that we had during these two Council of Europe for the initiative of convening this important fruitful days has allowed us to better understand the difficulties seminar and the excellent organisation. on the way of tackling the problem of THB. It has already become a good tradition to meet in such an There is obviously no necessity to restate the information informal and friendly atmosphere in order to discuss issues of on the domestic framework that Ukraine has introduced with a great seriousness such as common efforts against trafficking in view to combating THB. It has already been elucidated in the human beings (THB). course of previous seminars in Bucharest, Riga and Athens in It seems crucial that at this significant stage as more and 2006 and can be consulted in respective publications. more states are joining the Council of Europe Convention on The aim of this brief presentation is, therefore, rather to Action against THB that an open dialogue takes place and that give an update on measures that Ukraine has recently taken and

60 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division on what the national authorities are going to undertake in the Second, it seems essential to provide some information on near future. practical measures that were taken by Ukraine’s law enforce- First, a few words shall be said about the developments in ment agencies in 2006. the normative sphere. The Ministry of Interior initiated 376 criminal proceed- The preparation of a new comprehensive State Pro- ings on the basis of Article 149 of the Penal Code which penal- gramme (Action Plan) on THB for the next four years is under- ises THB. The investigation of 317 cases was successfully way which shall be adopted by a governmental decree. completed. This Plan will be mainly based on the experience gained in The police identified and returned to Ukraine about 400 the course of the implementation of a respective Programme for victims of THB (incl. 45 under age persons). the years 2002-2005. The activities of 23 organised crime groups of traffickers According to the official statistics, between 50 and 60 were revealed and stopped. 9 of them had transnational charac- thousand Ukrainian citizens are legally employed abroad. How- ter. ever, unofficially over 4 millions Ukrainians are working outside Since the beginning of 2007 Ukraine’s law enforcement the country illegally. bodies have brought to light 6 organised crime groups. Most of these persons leave their country of origin with Here it would be apt to mention the most recent example tourist of private visas and seek employment without necessary of successful international cooperation in the field of THB. job permissions. This circumstance makes them especially vul- At the end of January 2007 the Turkish police, in close nerable with respect to traffickers. collaboration with Ukraine’s authorities, provided necessary in- So far the main attention was focused on steps aimed at formation conducted a large scale operation against traffickers. fighting trafficking in women for sexual exploitation. Thus, till As a result, 24 Ukrainian women could be released from the now their liberation from sexual slavery occupies the major sexual slavery and safely returned home. place in the national campaign against THB. It should be stressed that Ukraine is firmly committed to fulfil her international legal obligations in the sphere of THB. At the same time, it is evident that other susceptible Ukraine is a state party to all the relevant UN instruments groups should also be addressed, first of all children. in the field of prevention, suppression and punishment of THB. Other than traditional means to combat THB, Ukraine’s In November 2005 Ukraine signed the Council of Europe new Action Plan will focus on the following tasks: Convention on THB. Now we are reaching the final stage of the • monitoring of how the rights of adopted children are pro- ratification process. tected; The Government is completing the preparation of respec- • improvement of legal regulation in the sphere of tourism, tive draft laws and administrative acts, which are necessary to model and marriage business as well as services of duly implement the strict requirements of this Convention into employment abroad; domestic legal order. • awareness-raising of issues of THB in schools and univer- It is to be hoped that the Parliament will support these sities as a means of prevention; efforts and ratify this important treaty. • active information campaign in the mass media; Once again, the Ukrainian delegation wishes to sincerely • establishment of rehabilitation centres for victims of THB. thank the organisers of the seminar.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 61 Closing addresses

Dr Lazaros S. Savvides, Permanent Secretary of the Ministry of Interior, Cyprus

Ladies and gentlemen, b. combat poverty, which is one of the underlying causes of First of all, I should like to thank the Council of Europe for the problem, through economic and other forms of sup- its impeccable co-operation in organising this seminar. The Re- port for the countries of origin; public of Cyprus has made it a priority to eradicate trafficking in c. reinforce the collection, supply and effective exchange of human beings and as you have already been told, this seminar up-to-date information on the immigration routes fol- marks the start of a campaign which comprises the adoption of lowed by criminal networks, the practices they adopt, the necessary legislative framework, including the ratification their suspicious financial and economic resources, and so of the Council of Europe convention, the adoption of the neces- on; sary practical measures and procedures and the provision of in- d. inform and sensitise the general public about the prob- formation to victims and the general public. lem, but also about the governments’ determination to I should also like to thank all the participants, who have crack down on illegal trafficking networks with more contributed by their presence to the success of the whole event stringent legislation and penalties and with closer police and especially to the exchange of useful information and best and judicial co-operation between countries; practices, both of which are of special importance to countries e. develop training programmes aimed both at civil servants which are in the early stages of taking measures to combat traf- and at non-governmental organisations concerning the ficking. identification of victims and with the measures that will have to be taken in the areas of prevention, suppression We all realise that trafficking in human beings is one of and victim protection; the most serious and most complex problems facing the inter- f. take advantage of funding programmes and other national community and that it is steadily assuming more dis- resources provided by international organisations to help turbing proportions. It is a serious violation of fundamental states develop their capacity to combat human traffick- human rights and a blow to human dignity. Its victims are men, ing and support victims; women and children – especially women and children. But what g. carry out more effective border controls. we must understand is that if we are to deal successfully with And lastly, I would add the governments’ political will to this problem, there must be action both by the state and by civil provide stable and consistent support to all efforts to ensure society organisations, co-operation between state and non- that the problem is, as far as possible, tackled at the roots. state services and co-operation by the citizens with these agen- Ladies and gentlemen, cies. Most significantly of all, perhaps, society must be mature The Republic of Cyprus is particularly aware of human and therefore capable of sidelining, resisting and banishing such rights issues and takes forceful steps of every kind to uphold practices. human rights. As part of this policy, it makes every effort to It will have to be borne in mind that if we are to combat take measures that will help to ensure a comprehensive ap- this problem effectively, we must be aware of its scale and iden- proach to the problem. Yet we acknowledge that because of the tify the underlying causes and the factors that engender it. nature of the problem, continuous efforts by the Republic of Seminars like today’s are part of that process. Cyprus and close co-operation with other states are required if To date, a number of measures to deal with the problem we are to achieve significant results in dealing with trafficking. have been taken under international treaties, directives and rec- Seminars like today’s provide valuable insights and help us to ommendations, but also under bilateral agreements between approach some of the aspects of this many-sided problem. states. Yet there is still a need to: To conclude, I should like to thank the interpreters for a. develop closer co-operation between countries of origin, their help throughout the seminar. I wish you all a pleasant transit and destination in the form of technical assist- weekend, and especially our friends from abroad a good and ance, training and exchange of information; safe journey home.

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 63 Ms Marta Requena, Head of Gender equality and anti-trafficking division, Directorate General of Human Rights and Legal Affairs, Council of Europe Permanent Secretary, Ladies and Gentlemen, benefit the purpose of trafficking in human beings is We are approaching the end of our deliberations. We have exploitation. had two days of interesting and constructive debates on a One of the key issues of any anti-trafficking policy is complex issue. I would like to make some concluding remarks: therefore the clear identification of victims of trafficking and 1. The first concerns the complexity of the trafficking in the distinction between trafficking and illegal migration. human beings and the high number of actors involved in 4. My fourth observation concerns the need to distinguish any anti-trafficking policy. The discussion has once again between trafficking and prostitution. At the outset, it confirmed that any effective anti-trafficking policy must be clear that the forms of exploitation covered by should cover the three "P"s: prevention, protection and the Convention are not limited to sexual exploitation. The prosecution. Convention applies to all cases of trafficking, including Public authorities from countries of origin, transit and forced labour or services, slavery or practices similar to destination, national and local authorities, police forces, but slavery, servitude and removal of organs. Moreover, traf- also NGOs must be involved in any anti-trafficking policy. This ficking in human beings differs from “prostitution” in underlines the need of close co-operation at national, European that it is a new form of slavery which can include sexual and international level. The Council of Europe Convention exploitation, but not necessarily. covers exactly these two points: it is a comprehensive tool to In relation sexual exploitation: Measures to discourage fight trafficking based on national and international coopera- the demand and criminalisation of the use of services of a tion. victim. 2. Need for the setting up of a legal framework to combat When we have doubts if we are facing a case of traffick- trafficking in human beings: we need legally binding pro- ing in human beings or simply illegal immigration and/or prosti- visions to assist victims and to prosecute traffickers tution. National Action Plans to combat trafficking in human One should verify that the three basic elements or com- beings ponents of trafficking in human beings are present: action (re- Specific awareness raising Campaigns. cruitment), means (use of force, coercion, absolution) and I would like to congratulate the Cypriot authorities for purpose (exploitation). their imminent launching of a Campaign to combat trafficking 5. My fifth comment: call to all member and non member in human beings. States for ratification of the Council of Europe Conven- 3. My third observation concerns the problem of distinction tion on Action against trafficking in human beings. I was between victims of trafficking and smuggling of very pleased to hear during these two days several States migrants. But trafficking is more than an issue of illegal announcing the ratification of the Convention, in partic- migration. As any other vulnerable person, an illegal ular our host country: Cyprus. migrant may become a victim of trafficking. But if we At the close of the seminar, I would like to thank the Per- group trafficking victims into the same category as illegal manent Secretary of the Ministry of Interior, Mr Savvides, and migrants, then according to the prevailing policy victims his team for their excellent organisation of the seminar and for of trafficking will be immediately returned to their coun- their warm hospitality. I would like to take this opportunity for try of origin and as a consequence be denied their rights thanking also Ms Maro Varnavidou for her active participation and any protection as victims. This practice will result in in the work of the Council of Europe in the field of gender a vicious circle of victim recycling which cannot be bro- equality and trafficking in human beings. I wish to thank the ken. Once victims are returned to their country of origin keynote speakers and the experts representing the participating without protection and integration they are targeted by countries for the quality of their presentations and all of you for traffickers again and one again become victims of traf- your active participation. Last but not least thank you also to ficking. While the main aim of smuggling of migrants is the interpreters. the unlawful cross-border transport in order to obtain a Thank you for your attention.

64 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Appendix 1: Programme

Tuesday 15 February 2007

09:00 Registration of participants • Mr Simon Claisse, Legal Adviser, Directorate of Legisla- 09:30 Opening of the Conference tion, Ministry of Justice, Belgium 12:30 Questions and discussion Opening addresses by 13:00 Lunch

• Mr Neoklis Sylikiotis, Minister of Interior, Republic of The criminal aspects of trafficking in human beings Cyprus 14:30 Keynote speaker • Ms Maud de Boer-Buquicchio, Deputy Secretary General, Council of Europe • Ms Stefica Staznik, Assistant Minister, Ministry of Justice, Croatia • Mr Charalambos Koulentis, Chief of Police, Republic of Cyprus 15:00 Questions and discussion

• Ms Leda Koursoumba, Law Commissioner and President of II. Actions to combat trafficking in human beings carried out the National Institution for the Protection of Human by the Commissioner for Human Rights Rights, Republic of Cyprus 15:45 Address by Action to combat trafficking in human beings taken by the • Ms Sirpa Rautio, Office of the Commissioner for Human OSCE, address by Rights • Ms Eva Biaudet, Special Representative on Combating Questions and discussion Trafficking, Organisation for Security and Co-operation in 15:50 Coffee Break Europe 10:30 Coffee Break III. Actions to combat trafficking in human beings carried out by the Parliamentary Assembly of the Council of Europe Chair: Ms Marta Requena, Head of Equality Division, Directorate 16:05 Address by General of Human Rights, Council of Europe • Ms Ingrida Circene (Latvia, EPP/CD), Member of the Com- mittee on Equal Opportunities for Women and Men of the I. Council of Europe Convention on Action against Parliamentary Assembly of the Council of Europe Trafficking in Human Beings Questions and discussion

Prevention of trafficking in human beings IV. The role of by non-governmental organisations 11:00 Keynote speaker 16:25 Addresses by: • Ms Klara Srivankova, Trafficking Officer, Anti-Slavery International • Ms Klara Skrivankova, Trafficking Officer, Anti-Slavery International 11:30 Questions and discussion • Ms Eleni Pissaridou, STIGMA Foundation, Cyprus Measures to protect and promote the human rights of victims of trafficking Questions and discussion 12:00 Keynote speaker 17:15 End of first day meeting

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 65 Friday 16 February 2007

Chair: Dr Lazaros S. Savvides, Permanent Secretary, Ministry of 10:45 Coffee Break the Interior of the Republic of Cyprus 11:00 Presentations by representatives of Bulgaria and Greece and Ireland V. Measures and actions against trafficking in human beings Questions and discussion taken at national level by the participating countries 12:30 Lunch 09:30 Presentations by representatives of Cyprus 14:00 Presentations by representatives of Italy and Moldova • Dr Lazaros S. Savvides, Permanent Secretary, Ministry of Questions and discussion Interior of the Republic of Cyprus 15:00 Coffee Break • Ms Toula Kouloumou, Director of Social Welfare Services 15:15 Presentations by representatives of Romania and Ukraine of the Republic of Cyprus Questions and discussion • Ms Vicky Christoforou, Law Officer, Legal Service of the 16:15 Closing addresses by Republic of Cyprus • Dr Lazaros S. Savvides, Permanent Secretary of the Minis- • Ms Rita Superman, Police Inspector, Head of the Traffic- try of the Interior of the Republic of Cyprus king in Human Beings Office, Police Headquarters of the • Ms Marta Requena, Head of Equality Division, Directorate Republic of Cyprus General of Human Rights, Council of Europe Questions and discussion 13:00 End of the Conference

66 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Appendix 2: List of participants

Council of Europe Member States

Bulgaria Ms Gina-Maria STOIAN, Case-manager, ADPARE-NGO Ms Sofia Ivanova KASHLAKEVA-ANDREEVA, Legal adviser Ukraine Animus Association Foundation Ms Nadejda Lyubenova TODOROVA, Chief expert Mr Valery HREBENIUK, First Deputy Head, Foreign Policy Direc- International Cooperation and European Integration Depart- torate, Secretariat of the President of Ukraine ment, Ministry of Justice Mr Andriy MELNYK, Deputy Head of the Bilateral Cooperation Service, Secretariat of the President of Ukraine Greece Mr Georgii ZHUKOV, Expert, Center “Development of Democ- Ms Ifigenia KATSARIDOU, Director General, Research Centre racy” on Gender Issues Representatives of the host country Greece Ms Eleni KTONA, Social Worker, General Secretariat for Gender Equality Mr Neoklis SYLIKIOTIS, Minister of Interior Ms Maria MALLOUCHOU, Deputy Prosecutor, Court of Appeal Ms Vicky CHRISTOFOROU, Law Officer, Legal Service of the Re- public of Cyprus Ireland Mr Charalambos KOULENTIS, Chief of Police Ms Claire MC KEON, Detective Sergeant, Garda National Immi- Ms Toula KOULOUMOU, Director, Social Welfare Services gration Bureau Ms Leda KOURSOUMBA, Law Commissioner and President of the National Institution for the Protection of Human Rights Italy Ms Eleni PISSARIDOU, STIGMA Foundation Ms Alessandra BARBERI, Coordinator of the Secretariat of the Mr Lazaros S. SAVVIDES, Permanent Secretary, Ministry of In- inter-ministerial Commission on trafficking, Department for terior Rights and Equal Opportunities Ms Rita SUPERMAN, Police inspector, Cyprus Police Headquar- Mr Mario PALAZZI , Legislative Advisor, of the Minister for ters, Head of the Trafficking in Human Beings Office Rights and Equal Opportunities Ms Kalliope AGAPIOU-IOSEPHIDES, Jean Monnet Professor, University of Cyprus Moldova Ms Ece AKCAOGLU, UNDP-ACT Mr Viorel CIOBANU, Prosecutor, Head of Prevention of Human Mr Sotiris ANASTASIADES Beings Trafficking Section, Prosecutor's General Office Mr Georghios ANTONIADES, Chief Administative Officer, Min- Ms Daniela MISAIL-NICHITIN, Deputy Chair, International istry of Interior Center “La Strada Ms Kyriaki ANTONIOU, Member of Council, STIGMA Ms Carolina MISCOI, Principal inspector, Analytical Section, Mr Dinos APOSTOLOU, Senior Welfare Officer, District Welfare Centre for combating trafficking of persons , Ministry of Interior Office, Nicosia Mr Panayiotis ARISTIDOU, Immigration Officer Limassol, Aliens Romania and Immigration Unit Ms Mihaela-Cristina BADEA, Police subinspector, Service for Mr Andreas ASSIOTIS, District Officer, Ministry of Interior Combating Trafficking in Human Beings, General Directorate for Ms Christina AVANI, Attaché, Ministry of Foreign Affairs the Countering of the, Organized Criminality , Ministry of Admin- Mr Jose Manuel CERVERA DE GONGORA, Ambassador, istration and Interior Embassy of Spain Ms Alexandra PETRACHE, Police subinspector, National Agency Ms Nicoletta CHARALAMBIDOU, Member of Steering Commit- against Trafficking of Persons tee, KISA - Action for Equality, Support, Antiracism

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 67 Ms Katerina CHARALAMBOUS MORE, Administrative Officer, Ms Koulla KOUMIDOU, President, Equal Rights - Equal Respon- Consultancy Centre POGO sibilities Mr Marios CHARALAMBOUS, Sergeant, Police, Paphos Airport Mr George KOURMOUZOU, Immigration Officer Paphos, Aliens - Immigration and Immigration Unit Mr David CHKHIKVISHVITI, 2nd Secretary, Embassy of Russia Mr Pantelis KOUSIAPPAS, Welfare Officer, District Welfare Ms Louisa CHRISTODOULIDES, Senior Counsel of the Republic, Office, Famagusta Attorney General´s Office Ms Maggie LAZARIDIS, Director, Centre for Missing & Ex- Mr Andreas CHRISTODOULOU, Press and Information Officer, ploited Children, The Smile of the Child Ministry of Interior Mr Emilios LAMBROU, Assistant Director of Immigration De- Mr Kypros CHRYSOSTOMIDES, Member of Parliament, House partment, Aliens and Immigration Unit of Parliament Ms Laura LECHARPENTIER, Attaché, Embassy of France Ms Sally Anne CORCORAN Mr Alinae LECUE, Graduate Student, University of Cyprus Mr Michael COWLEY, Crime Coordinator, UNFICYP Ms Hanna LUNDING, Trainee, Embassy of Sweden Ms Christina DEMETRIADOU, Secretary General, P.O.G.O. Mr Panicos MAPPOUROS Women's Movement Ms Pinelopi MASOURA, Labour Officer, Department of Labour Ms Olga DEMETRIOU, Researcher, PRIO Cyprus Center Ms Dace MAULINA, Graduate Student, University of Cyprus Ms Eliane DO REGO TORRES, Graduate Student, University of Ms Nitsa MAVROMMATI, Senior Welfare Officer, District Cyprus Welfare Office, Larnaca Mr Przemyslaw DROPIEWSKI, Consul & Third Secretary, Ms Roulla MAVRONICOLA, Member of Parliament Predisent of Embassy of Poland Sosialistiki Ginenia Kinisi EDEK, House of Parliament & EDEK Mr Saleh EL HOSNI, Assistant Secretary for Cooperation, Mr Paul MCLENNAN, British High Commission Embassy of Libya Ms Elise MELLINGER, Desk Officer, Embassy of the United Ms Marianne ENGLER, Ambassador, Embassy of Switzerland States of America Ms Maria EPAMINONDA, Program Officer, Cyprus Family Plan- Mr Andri MICHAEL, Welfare Officer, District Welfare Office, ning Association Limassol Ms Angelina FOURNARI, Pachegeologist, Counseling center of Ms Olympia MICHAEL, Welfare Officer, District Welfare Office, Social and spiritual support, Holy Monastery of Kykkos Nicosia Mr Jdenko GALBAVY, Embassy of Slovakia Mr Nikolas MICHAEL Ms Tamara GEORGIADOU, Volunteer - Counselor, Apanemi Mr Savvas MICHAELIDES, Member of Council, STIGMA Mr Georgiou GEORGIOS, Inspector, Police (Paphos Airport - Ms Stalo MICHAELIDOU, Vice president, Protoporia Female Immigration) Branch Mr Carey GORDON, Consultant, Future Words Center Ms Alexandra MITSINGA, Welfare Officer, District Welfare Mr Nikos GREGORIOU, Head of European Affairs Department, Office Nicosia PEO Mr Jafar MOADDABI, Second Secretary, Embassy of Iran Ms Panayiota GREGORIOU, Counselor, Association for the Pre- Ms Maria MOUNTI, Administrative Officer, Ministry of Justice vention and Handling of Violence in the Family and Public Order Ms Kyriaki HADJITHOMA, Lawyer, General Attorney's Office Mr Wolfgang MUENCH, First Counsellor, Embassy of Germany Mr Andreas HADJOUDES, Administrator, EC Representation in Mr Nader NADER, Chargé d'Affaires, Embassy of Syria Cyprus Mr Andreas NEOCLEOUS, Office of Combating Illegal Immigra- Ms Eva HAGER, Ambassador, Embassy of Austria tion, Cyprus Police Immigration H.Q. Mr Del HATTON, SIS FMPU, UNFICYP Ms Elena NEOCLEOUS, Administrative Officer, Asylum Service Mr Garth HUNT, High Commisioner, High Commission of Aus- Ms Marine NEWCOMB tralia Ms Popi NICOLAOU, Member, Asulum Review Authority Ms Melpo IACOVIDOU, Equal Rights - Equal Responsibilities Ms Despo OLYMPIOU, Labour Officer, Department of Labour Ms Elena IOANNOU, Welfare Officer, District Welfare Office, Ms Kika ORPHANIDOU, Administrative Officer, Ministry of Evrychou Finance Ms Christina KAILI , Volunteer, Cyprus Family Planning Associ- Ms Maria PANAYI, Welfare Officer, District Welfare Office, ation Larnaca Ms Liana KAKIOPOULOU, First Counsellor, Embassy of Greece Ms Katerina PAPACHRISTODOULOU Ms Julia KALIMERI, Director, Apanemi Ms Loukia PAPADJIAKOU, Welfare Officer, District Welfare Mr Peter KANKAVA, Chargé d'Affaires, Embassy of Georgia Office Limassol Ms Margarita KAPSOU, Volunteer, Cyprus Family Planning As- Ms Anthoula PAPADOPOULOU, Member of Steering Commit- sociation tee of KISA, KISA - Action for Equality, Support, Antiracism Ms Maria KARAOLI, Welfare Officer, District Welfare Office, Mr Papadopoulos- PERICLEOUS ANTIGONI, Member of Parlia- Evrychou ment, Predisent of GODIK, Member of the Committee of Equal Mr Adamos KARANTONIS, Immigration Ammochostou Opportunities of the Council of Europe, House of Parliament & Mr Kl. KLEANTHOUS, Immigration Officer Paphos, Aliens and GODIK Immigration Unit Mr Costas PAPAMICHAEL, Principal Officer, Ministry of Interior Ms Annita KONI, Principal Welfare Officer, Social Welfare Mr Michalis PARELLIS, Chief Administative Officer, Ministry of Services Interior

68 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division Ms Skevi PASIA, Organizing Secretary, P.O.G.O. Women's Mr Pericles D. STIVAROS, Counsellor, Coordinator for Justice Movement and Home Affairs, Ministry of Foreign Affairs Ms Susana PAVLOU, Programme Coordinator & Project Assist- Ms Christina STUPARU, Counselor, Embassy of Romania ant, Mediterranean Institute of Gender Studies (MIGS) Mr George SUPERMAN, Crime Int. Services, Police Mr Ivan PAVLOV, Second Secretary, Embassy of Bulgaria Mr Terry STEERS-GONZALEZ, Political Officer, Embassy of the Ms Maria PERDIKOYIANNI United States of America Ms Marina PETRIDOU Mr Panayiotis STAVRINIDES, Assistant Principal Welfare Of- Mr George PETROU, Consultant, Counseling center of Social ficer, Social Welfare Services and spiritual support, Holy Monastery of Kykkos Ms Yiouli TAKI, Index Research and Dialogue Ms Anna PILAVAKI, Deputy Secretary General, DEOK and Ms Colette TAQUET, Ambassador, Embassy of Belgium Cyprus Gender Equality Observatory Mr Risto PIIPPONEN, Ambassador, Embassy of Finland Mr Panayiotis THEODOROU, Sergeant, Immigration Larnaca Ms Nataliya PILIPENKO Mr Savvas THEOPHANOUS, Commander of Aliens & Immigra- Ms Elena PISSARIDOU, Member of Council, STIGMA tion Unit, Police Headquarters Ms Christina PLANAS, UNHCR Representative Ms Rania TOLLEFSON, Project Assistant, Mediterranean Insti- Mr Makis POLYDOROU, Head of Asylum Service, Asylum tute of Gender Studies Service Ms Maro VARNAVIDOU, Secretary General, National Machin- Mr Doros POLYKARPOU, Chairman, KISA - Action for Equality, ery for Women's Rights Ministry of Justice & Public Order Support, Antirasism Ms Florentia VASILIOU, Welfare Officer, District Welfare Office, Mr Demos POURGOURIS, Immigration Officer, Larnaca Airport Famagusta Mr Vaso PROTOPAPA, Welfare Officer, District Welfare Office , Ms Marina VASILOVA, Secretary, UNDP-ACT Nicosia Mr Martin VAVRA, Ambassador, Embassy of Czech Republic Mr Martin ROWE Mr Doros VENEZIS, Attaché, Ministry of Foreign Affairs Ms Sanna SELIN, First Secretary, Embassy of Finland Ms Kerstin WITTIG, Program Develops, Future Words Center Ms Anny SHIAKALLI, Director, Civil Registry and Migration De- Ms Maria XANTHOU, External Lecturer, Cyprus Police Academy partment Mr Polis XINARIS, Policeman 3009, Immigration Headquarter Mr Demetris SHIAKALLIS, Officer of Council, STIGMA Ms Sherin SHAHEN, Diplomat , Third Secretary, Embassy of Ms Anna Maria YIALLOUROU, Political Specialist, American Egypt Embassy Ms Mia SHYTTE AGERSKOV, Intern, Embassy of Royal Danish Mr Zhao YALI, Ambassador, Embassy of China Mr Colin SPEEDIE, Deputy Senior Police Advisor, UNFICYP Mr Stalo YIOUTANI, Counselor, Association for the Prevention Ms Marina STAVRINOU KOUKOU, General Secretary of and Handling of Violence in the Family Women's Department, PEO (Pancyprian Federation of Labour) Ms Dora ZANGOULOU, Welfare Officer, District Welfare Office, Mr Andreas STAVROU, President of Council, STIGMA Paphos Mr Terry STEERS-GONZALEZ, Political Officer, Embassy of the Mr Petros ZENIOU, NFPOC OF FRONTEX, Aliens and Immigra- United States of America tion Unit

Other participants

OSCE Experts appointed by the Council of Europe Ms Eva BIAUDET, Special Representative on Combating Traf- Mr Simon CLAISSE, Legal Adviser, Ministry of Justice, Directo- ficking rate of Legislation Ms CLARK, Deputy Coordinator Ms Klara SKRIVANKOVA, Trafficking Programme Officer, Anti- Slavery International Ms Stefica STAZNIK, Assistant Minister, Ministry of Justice, Government Agent before the European Court of Human Rights

Council of Europe Bodies

Parliamentary Assembly of the Council of Europe Private Office of the Secretary General and the Deputy Secretary General Ms Ingrida CIRCENE, Member of the Committee on Equal Op- Ms Marja RUOTANEN, Director portunities for Women and Men of the Parliamentary Assembly of Commissioner for Human Rights Office the Council of Europe Ms Sirpa RAUTIO, Office of the Commissioner for Human Secretariat of the Council of Europe Rights

Deputy Secretary General of the Council of Europe Directorate of Communication Ms Maud DE BOER-BUQUICCHIO Mr Panos KAKAVIATOS, Press officer

Regional Seminar: Action against trafficking in human beings: prevention, protection and prosecution 69 Directorate General of Human Rights (DGII) Interpreters Ms Marta REQUENA, Head of the Equality Division Ms Maria HOUVARDA-LOUCA Mr Hallvard GORSETH, Administrator, Anti-trafficking action, Ms Rhéa FRANGOFINOU Equality Division Ms Yvette SCHILLER, Administrative Assistant, Equality Divi- sion

70 Directorate General of Human Rights and Legal Affairs: Gender Equality and Anti-Trafficking Division

Trafficking in human beings is the modern form of the old worldwide slave trade. It treats human beings as a commodity to be bought and sold. The victims are put to forced labour, usually in the sex industry but also, for example, in the agricultural sector or in sweatshops, for a pittance or nothing at all.

Trafficking in human beings directly undermines the values on which the Council of Europe is based: human rights, democracy and the rule of law.

The Council of Europe Campaign to Combat Trafficking in Human Beings was launched in 2006 under the slogan “Human being Not for sale”. The aim is to raise awareness of the problem of trafficking in human beings as well as possible solutions to it among governments, parliamentarians, local and regional authorities, non-governmental organisations and civil society. The Campaign should also promote the signature and ratification of the Council of Europe Convention on Action against Trafficking in Human Beings [CETS No. 197], the first European treaty in this field, which is a comprehensive treaty focusing mainly on the protection of victims of trafficking and the safeguard of their rights. It also aims to prevent trafficking and to prosecute traffickers.

Among the activities taking place in the context of the Campaign is a series of regional information and awareness raising seminars organised under the title “Action against trafficking in human beings: Prevention, protection and prosecution”.

Gender Equality and Anti-Trafficking Division Directorate General of Human Rights and Legal Affairs 100

Council of Europe 95

F-67075 Strasbourg Cedex, France 75

http://www.coe.int/trafficking/ 25