SEC.GAL/195/13/Rev.1 19 December 2013 ENGLISH only OfÄ ce of the Special Representative and Co-ordinator for Combating TrafÄ cking in Human Beings COMBATING TRAFFICKING AND EXPLOITATION: HUMAN RIGHTS, SOCIAL JUSTICE AND THE RULE OF LAW 2013 Annual Report of the Special Representative and Co-ordinator for Combating TrafÄ cking in Human Beings ISBN: 978-92-9234-443-6 Published by the OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings Wallnerstr. 6, 1010 Vienna, Austria Tel: + 43 1 51436 6664 Fax: + 43 1 51436 6299 email: [email protected] © 2013 OSCE/Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings Copyright: “All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings as the source.” All photo captions and credits see page 80. Cite as: OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings, Combating Traffi cking and Exploitation: Human Rights, Social Justice and the Rule of Law (December 2013). The Organization for Security and Co-operation in Europe (OSCE) is a pan-European security body whose 57 participating States span the geographical area from Vancouver to Vladivostok. Recognized as a regional arrangement under Chapter VIII of the United Nations Charter, the OSCE is a primary instrument for early warning, confl ict prevention, crisis management and post-confl ict rehabilitation in its area. Its approach to security is unique in being both comprehensive and co-operative: comprehensive in that it deals with three dimensions of security – the human, the politico-military and the economic/environmental. It therefore addresses a wide range of security-related concerns, including human rights, arms control, confi dence- and security-building measures, national minorities, democratization, policing strategies, counter-terrorism and economic and environmental activities. PARTICIPATING STATES: Albania | Andorra | Armenia | Austria | Azerbaijan | Belarus | Belgium | Bosnia and Herzegovina Bulgaria | Canada | Croatia | Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Georgia | Germany Greece | Holy See | Hungary | Iceland | Ireland | Italy | Kazakhstan | Kyrgyzstan | Latvia | Liechtenstein | Lithuania Luxembourg | the former Yugoslav Republic of Macedonia | Malta | Moldova | Monaco | Mongolia | Montenegro Netherlands | Norway | Poland | Portugal | Romania | Russian Federation | San Marino | Serbia | Slovakia | Slovenia | Spain Sweden | Switzerland | Tajikistan | Turkey | Turkmenistan | Ukraine | United Kingdom | United States of America | Uzbekistan ASIAN PARTNERS FOR CO-OPERATION : Afghanistan | Australia | Japan | Republic of Korea | Thailand MEDITERRANEAN PARTNERS FOR CO-OPERATION: Algeria | Egypt | Israel | Jordan | Morocco | Tunisia The materials in this publication are for general information purposes only, provided on an “as is” basis, without warranties of any kind, including fi tness for any particular purpose. The OSCE, specifi cally, does not make any warranties with respect to the accuracy or completeness of the information in this publication. The views, fi ndings, interpretations and conclusions expressed herein are those of the author(s) and do not necessarily represent the offi cial position of the OSCE and/or its participating States. To the extent permitted by law, the OSCE does not accept any liability for any loss, damage, liability or expense incurred or suffered, which may arise as a result of, or in connection with, the use of information contained in this publication. COMBATING TRAFFICKING AND EXPLOITATION: HUMAN RIGHTS, SOCIAL JUSTICE AND THE RULE OF LAW 2013 Annual Report of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings presented to the Permanent Council, 19 December 2013 4 Foreword 2013 was an important year in the fi ght against human traffi ck- I would also like to use this opportunity to highlight some is- ing for the OSCE. It marked the 10th Anniversary of the adoption sues that I have personally tried to drive in my four years as of the OSCE Action Plan to Combat Traffi cking in Human Be- OSCE Special Representative. I have made signifi cant progress ings. Commemorating this event allowed my Offi ce to assess on some topics, while in other areas there is a need for renewed where we stand, what we have achieved, and what we need to attention and action. Also, we must ask, what are, ten years do to enhance our efforts in the future. after the adoption of the OSCE Action Plan to Combat Traf- fi cking in Human Beings by participating States, the important This year was also an important one from my perspective as lessons learned in the OSCE region in the fi ght against human Special Representative and Co-ordinator for Combating Traf- traffi cking? fi cking in Human Beings. It marked the fourth and fi nal year of my mandate and therefore provided a good opportunity to look In my experience, country visits are a highly valuable tool in our back and, at the same time, look forward and ascertain where work with participating States to enhance the implementation of our work has had the most impact in recent years and where OSCE commitments. They allow for an in-depth dialogue with we must increase our efforts in order to achieve our goals. governments and civil society over how the commitments have been implemented in practice, which particular challenges have 2013 has been an extremely busy and fruitful year. My Offi ce has been encountered and how these have been overcome, taking published four major reports: the Policy and legislative recom- into account the national context relevant to the specifi c coun- mendations towards the effective implementation of the non- try visited. All country visits I conducted provided impetus for punishment provision with regard to victims of traffi cking, the follow-up at the national level and, importantly, also enhanced Occasional Paper Traffi cking in Human Beings Amounting to co-operation with my Offi ce, feeding into new policy priorities Torture and other Forms of Ill-Treatment, the Occasional Paper and activities relevant for the whole OSCE region. I have paid Traffi cking in Human Beings for the Purpose of Organ Removal enhanced attention to country visits since taking up offi ce. Dur- in the OSCE Region: Analysis and Findings and the report on ing my mandate, I have conducted 11 country visits across the Enhancing Co-operation to Prevent Traffi cking in Human Be- OSCE region, travelling to the UK, Canada, Moldova, Ireland, ings in the Mediterranean Region. All these publications are the Bosnia and Herzegovina, Azerbaijan, Portugal, Italy, Kazakh- result of co-operation with experts from governments and civil stan, Romania and Uzbekistan. society in participating States as well as the Partners for Co- operation. I am particularly proud of the fact that our publica- The fi ght against human traffi cking is part of our common ef- tions have already given impetus to numerous discussions and fort to ensure security in the OSCE region. People need to feel follow-up activities across and beyond the OSCE region. secure from fear of violence, slavery and exploitation, even in times of economic constraints. And if they end up exploited, My Offi ce has also, in co-operation with participating States, they need to be given the tools to reclaim their rights. Protection continued its pioneering work on preventing domestic servitude of human rights and promotion of the rule of law are most ef- in diplomatic households. We have organized two workshops fective strategies to prevent and combat human traffi cking and for staff of the Protocol Departments of Ministries of Foreign Af- exploitation. fairs this year, one in Kyiv and one in The Hague, with a strong turnout from the participating States. I would like to thank all In recent years, we have learned that prevention is a crucial participating States for the interest and commitment they have component of a long-term strategy against human traffi ck- shown in moving this sensitive yet important topic forward. My ing. Prevention does not mean telling people not to migrate. Offi ce will continue to work on this topic – a handbook will be Moreover, prevention goes far beyond awareness-raising ac- published in 2014 - ensuring that the OSCE is in the vanguard tivities. Sustainable and human rights-based prevention strate- of organizations working to ensure that diplomatic immunity is gies must target systemic factors that create vulnerabilities and not abused for the purpose of exploiting domestic workers. protect the rights of those who are vulnerable to exploitation. 5 Prevention needs to be built into our societies and systems in all Access to justice is key to combating traffi cking in human be- spheres - social, health and legal. In the end, it means ensuring ings. Criminal justice responses to human traffi cking have im- human rights protection for all and prioritizing decent opportuni- proved in recent years. There are now prosecutions and con- ties, the rule of law and actively working towards social justice. victions in cases of traffi cking for labour exploitation. We are It also means understanding that justice must not be limited also starting to see compensation claims awarded to victims of to our own nationals, but must be applied to all and viewed human traffi cking in the context of criminal proceedings against from a global perspective. We will only be able to prevent hu- their traffi ckers. But this is still a drop in the bucket if we look at man traffi cking if we address the continuum of exploitation and estimates of victim numbers and the amount of money made empower all people trapped along this continuum to claim their from the exploitation of victims.