Deutsches Institut für Menschenrechte German Institute for Human Rights Zimmerstr. 26/27 D-10969 Berlin Phone: (+49) (0)30 – 259 359 0 Study Fax: (+49) (0)30 – 259 359 59 [email protected] – Strengthening Victim’s Human Rights | Petra Follmar-Otto | Heike Rabe Human Rights | Petra – Strengthening Victim’s Human Trafficking in Germany Human Trafficking in Germany Human Trafficking Strengthening Victim’s Human Rights Petra Follmar-Otto Heike Rabe www.institut-fuer-menschenrechte.de Imprint Deutsches Institut für Menschenrechte German Institute for Human Rights Zimmerstr. 26/27 D-10969 Berlin Phone: (+49) (0)30 – 259 359 0 Fax: (+49) (0)30 – 259 359 59 [email protected] www.institut-fuer-menschenrechte.de Cover photograph: Karen Robinson / Panos Pictures Layout: iserundschmidt Kreativagentur für PublicRelations GmbH Bonn – Berlin September 2009 ISBN 978-3-937714-87-5 (PDF-Version) © 2009 Deutsches Institut für Menschenrechte / German Institute for Human Rights All rights reserved Human Trafficking in Germany Strengthening Victim’s Human Rights Petra Follmar-Otto Heike Rabe The Authors The Authors Dr. iur. Petra Follmar-Otto heads the department of Heike Rabe, qualified lawyer, has been a researcher human rights policies in Germany / Europe at the German on national and international projects since 2000, pri- Institute for Human Rights. Before joining the Institute marily in the areas of domestic violence, sex work, and in 2003, she was a consultant, expert, and trainer in human trafficking. Selected projects: Evaluation of the the areas of human trafficking, women’s rights, and German Prostitution Act for the German Federal Ministry migration for various women’s rights organisations and of Family Affairs, Senior Citizens, Women, and Youth; international organisations. interview study on persons trafficked into sexual exploitation for the BKA (German Federal Criminal Police Office); and feasibility study for the EU Commis- sion on creation of a hotline for trafficked persons throughout the EU. 4 Preface by the Foundation “Remembrance, Responsibility and Future” (EVZ) Preface by the Foundation “Remembrance, Responsibility and Future” (EVZ) Slavery is illegal – What could be more obvious for a foundation that for but it still exists several years worked on behalf of former forced la­­ bourers for the Nazis than to look into forms of forced At the Nuremberg War Crime Trials, the victorious labour today? Allied powers characterised the forced labour to which the Nazis deported millions of foreigners as slavery and With this publication, the Foundation “Remembrance, a crime against humanity. Fritz Sauckel, the General Responsibility and Future” is taking the next step in its Plenipotentiary for Labour Mobilization, was con- cooperation with the German Institute for Human demned and executed. Rights in this area, which began in 2006 with a joint lecture series on the subject of “Slavery today”. The people who had been forced labourers finally received public attention when the German Act on the The study “Compensation and remuneration for trafficked Creation of a Foundation “Remembrance, Responsi- persons in Germany – Feasibility study for a legal aid bility and Future” (EVZ) entered into force in August fund” by Heike Rabe investigates the current situation 2000, although most of them had already died. Still, of trafficked persons in Germany and ways to assist the Foundation was the first attempt to pay compen- them. It is estimated that in Germany about 15,000 sation to victims of National Socialist slavery and, people have been trafficked into sex work, catering, through that gesture, to recognize that they had suf- the cleaning sector, domestic work, agriculture, the fered a grave injustice. food industry, construction, fairground entertainment, and the transport sector. These trafficked persons come The Foundation “Remembrance, Responsibility and primarily from Bulgaria, Romania, the Russian Federa- Future” continued after the payments ended in summer tion, Ukraine, Poland, the Czech Republic, and Slovakia, 2007, and it now funds projects to promote internatio- as well as Asia and Africa. nal understanding and human rights in remembrance of the victims of Nazi injustice. As Petra Follmar-Otto convincingly shows in her article, “A human rights approach against human trafficking – The Foundation does this not only because it is part of International obligations and the status of implemen- the remit assigned to it by the Act adopted by the Ger- tation in Germany”, human trafficking does not simply man Bundestag in 2000, but also because it considers amount to reducing organised crime, and also repre- its credibility to be at stake. The professor of education sents a human rights challenge for key state players. Micha BrumlikA writes of public commemoration in German society that if such commemoration of people Against that background, the Foundation “Remem- who are personally unknown to us is to be taken serious- brance, Responsibility and Future” will take up the sug- ly, it must be measured against our active solidarity gestions developed in the feasibility study. It is funding today with those who are furthest from us and most a project of the German Institute for Human Rights foreign to us. which assists people who have been trafficked into A Brumlik, Micha, Trauer und Solidarität. Zu einer Theorie öffentlichen Gedenkens. In: Brumlik, Micha und Kunik, Petra (ed.), Reichspogromnacht. Vergangenheitsbewältigung aus jüdischer Sicht. Frankfurt a. M. (2) 1988, pp. 111–119. 5 Preface by the Foundation “Remembrance, Responsibility and Future” (EVZ) contemporary forms of forced labour in exercising their for human trafficking and the associated exploitation rights to wages and compensation. The primary objec- conceal themselves on the margins between the legal tive is to use model processes to develop legal prac- and illegal economies, making it far more complex to tices that will allow victims to exercise their rights, combat this phenomenon effectively. Most victims of which in turn will have a preventive effect. As part of trafficking are defenceless and need our attention, the project, training and information materials will be advice, and assistance. The purpose of the legal aid prepared for governmental and non-governmental fund that the Foundation “Remembrance, Responsibility organisations, advanced training will be given, and the and Future” and the German Institute for Human Rights ­­ people and organisations that work to combat human will jointly create this year is to make it possible for trafficking will be networked. them to assert their rights and therefore simultane- ously to prevent the crime of human trafficking. Slavery is illegal everywhere today. But, according to the International Labour Organisation, 12 million peo- ple worldwide are forced to work by being deprived of Berlin, June 2009 their liberty or through threats and often the direct use of violence. In the industrialised countries, most Dr. Martin Salm people who are in such situations similar to slavery Chairman of the Board of Directors have been trafficked. The people who are responsible Foundation “Remembrance, Responsibility and Future” 6 Preface by the German Institute for Human Rights Preface by the German Institute for Human Rights The idea that human trafficking leads to contemporary their own lives. Active advocacy for one’s own rights forms of slavery and that it must be considered a offers an opportunity to restore and increase aware- human rights violation has now gained acceptance. At ness of one’s own self-worth. However, the chances of the same time, it can be said that combating human success are minimal without advice and assistance along trafficking is still primarily understood and approached this arduous path. as a crime reduction issue. In that context, trafficked persons are seen as sources of information and poten- The first part of this publication identifies needed im­­ tial witnesses in court proceedings. However, they play provements in the way trafficked persons are treated only a marginal role as subjects with their own legal and derives specific policy recommendations from rights. Although the law has long allowed victims to them. The second part discusses options for the creation participate in criminal court proceedings as part of an of a legal aid fund that can provide advisory services accessory prosecution procedure (Nebenklage) and to and assistance to trafficked persons to increase their claim wages, compensation, and damages for pain and willingness to exercise their legal rights and their pros- suffering, a corresponding legal practice in Germany pects of success. Supporting measures such as education has not become established. Advisory services and and information are also included. The German insti- assistance are lacking, and pragmatic ways to improve tute for Human Rights hopes that this publication will the chances of success in court have hardly been tested. promote the progress of a human rights approach to This situation is unacceptable from the viewpoint of combating human trafficking, particularly in German human rights. legal practice. Exercising legal rights goes beyond the hoped-for – and often desperately necessary – material compensation Berlin, June 2009 and also holds a great deal of symbolic importance for trafficked persons. This is a way for them to regain their Prof. Heiner Bielefeldt, Frauke Seidensticker sense of being independent subjects, often after