cover_Conference_report_w3.qxd 2005-08-04 16:54 Page 1 Ensuring Human Rights Protection in Countries of Destination: Breaking the Cycle Trafficking Ensuring Human Rights Protection in Countries of Destination: Breaking the Cycle of Trafficking Conference Report Helsinki, 23-24 September 2004 Ministry for Foreign Affairs of Finland Conference_report.qxd 2005-08-05 10:57 Page 1 Ensuring Human Rights Protection in Countries of Destination: Breaking the Cycle of Trafficking Conference Report Helsinki, 23-24 September 2004 Ministry for Foreign Affairs of Finland àí This report was compiled by the OSCE's Office for Democratic Institutions and Human Rights (ODIHR). The opinions and information it contains do not necessarily reflect the policy and position of the ODIHR. Conference_report.qxd 2005-08-05 10:57 Page 2 Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Al. Ujazdowskie 19 00-557 Warsaw Poland © OSCE/ODIHR 2005 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/ODIHR as the source. Designed by Pebekom, Pi³a, Poland Conference_report.qxd 2005-08-05 10:57 Page 3 ACKNOWLEDGEMENTS The conference “Ensuring Human Rights Protection in Countries of Destination: Breaking the Cycle of Trafficking” was organized by the OSCE's Office for Democratic Institutions and Human Rights in co-operation with Finland's Ministry for Foreign Affairs. Support for the conference and related activities were provided by the German Ministry for Foreign Affairs and by the Government of Canada, through the Canadian International Development Agency (CIDA). The conference organizers would especially like to thank Minister Johannes Koskinen, Finnish Minister of Justice; Ambassador Aleksi Härkönen, Permanent Representative of Finland to the OSCE; Ambassador Christian Strohal, ODIHR Director; and Dr Helga Konrad, OSCE Special Representative on Combating Trafficking in Human Beings, for their participation, for making the issue of trafficking in human beings a priority, and for setting the tone for subsequent discussions. In addition, we are grateful for the high level of attendance of governmental bodies, as well as international and non-governmental organizations, which reflects the commitment of a wide variety of actors with different mandates and perspectives, whether from countries of origin, transit, or destination, to work more closely together to combat trafficking and to assist its victims. Acknowledgements 3 Conference_report.qxd 2005-08-05 10:57 Page 4 4 CONFERENCE REPORT Conference_report.qxd 2005-08-05 10:57 Page 5 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY . 7 2. AGENDA . 9 3. ANNOTATED AGENDA . 13 4. OPENING REMARKS . 17 Christian Strohal . 17 Johannes Koskinen . 20 Helga Konrad . 22 Rita Süssmuth . 25 Hanno Hartig . 28 5. KEYNOTE SPEECH by Maria Grazia Giammarinaro . 30 6. PANEL DISCUSSIONS . 40 6.1 Panel Discussion A: Trafficking in Human Beings in Countries of Destination: New Challenges in Policy Development . 40 Mark Richardson . 40 Jaana Kauppinen . 45 Mike Dottridge . 47 Marco Bufo . 53 Stana Buchowska . 60 6.2 Panel Discussion B: Efforts to Improve Victims' Protection: National and Regional Initiatives . 63 Riikka Puttonen . 63 Ann Jordan . 66 Bärbel Heide Uhl . 74 Hanno Hartig . 77 Marjo Crompvoets . 81 7. WORKING GROUP I: TOWARDS A RIGHTS-BASED APPROACH TO PROTECT TRAFFICKED PERSONS . 84 7.1 Working Group Session 1 . 84 Introduction by Madeleine Rees . 84 Mara Radovanovic . 85 Marco Bufo . 88 Dejan Keserovic . 91 Waltraut Kotschy . 95 7.2 Working Group Session 2 . 99 Petra Burèiková . 99 Ann Jordan . 103 Maria Grazia Giammarinaro . 106 Table of Contents 5 Conference_report.qxd 2005-08-05 10:57 Page 6 8. WORKING GROUP II: IMPLEMENTATION OF NATIONAL REFERRAL MECHANISMS: CO-OPERATION MODELS OF LAW ENFORCEMENT AND CIVIL SOCIETY . 107 8.1 Working Group Session 1 . 107 Stana Buchowska . 107 Isabel Lorenz . 109 Jamie Factor . 113 8.2 Working Group Session 2 . 117 Barbara Limanowska . 117 Jola Vollebregt . 127 9. WORKING GROUP III: EUROPEAN INSTRUMENTS TO STRENGTHEN THE RIGHTS OF TRAFFICKED PERSONS: CHALLENGES AND OPPORTUNITIES . 131 9.1 Working Group Session 1 . 131 Introduction by Mette Kongshem . 131 Mette Kongshem . 132 Iveta Bartunková . 136 9.2 Working Group Session 2 . 138 Maureen Walsh . 138 Anna G. Korvinus . 141 Bernhard Bogensperger . 145 10. RECOMMENDATIONS AND CONCLUSIONS . 148 Elisabeth Rehn . 148 Christian Strohal . 151 11. RECOMMENDATIONS . 153 12. LIST OF PARTICIPANTS . 158 6 CONFERENCE REPORT Conference_report.qxd 2005-08-05 10:57 Page 7 1. EXECUTIVE SUMMARY Every year, international organizations, governments, and NGOs make numerous efforts to combat trafficking in human beings, and vast funding is poured into anti-trafficking activities. During recent years, the international legal framework has continued to develop. More OSCE participating States have ratified the United Nations Convention against Transnational Organized Crime, as well as its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. At the European Union level, the Council Directive on Short-Term Residence Permits was adopted in 2004. The OSCE adopted its Action Plan to Combat Trafficking in Human Beings in 2003, while the Council of Europe drafted the European Convention on Action against Trafficking in Human Beings. Although trafficking in human beings is a problem for both countries of origin and destination and, although international treaties are addressed to all countries, anti-trafficking efforts have mainly been directed at countries of origin. At the same time, anti-trafficking responses in countries of destination have been rather limited. As a result, the great majority of trafficked persons are not being identified; instead, they are treated as illegal migrants, deported to their home countries, and exposed to the risk of being re-trafficked. This conference was a follow-up to the Berlin conference “Europe against Trafficking in Persons”, which was organized by the ODIHR and the German Ministry for Foreign Affairs in 2001. Its main purpose was to review and discuss the implementation of the recommendations.