Helmut Sax,

1. Progress in developing an effective policy and practice against exploitation and trafficking of children (?) Helmut Sax, Member of the Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA)

2. Overview • Images • Rights-based anti-trafficking child protection systems • Monitoring progress - how GRETA works • Findings from the Baltic Sea region • Monitoring progress – conclusions and recommendations

3. Images of children? RenéMagritte, L’Esprit de géometrie, 1937

5. Images – what do we know? • Findings from EUROSTAT (2015): • 30.146 registered victims of THB in 28 EU MS 2010-12, incl. 14% children(0<18 Jahre), but: • Only 23 MS collect data on age of victims • Only 17 MS have data on 4 age groups (0-11, 12-17, 18-24, 25+) • Note: age group 18-24: 36% => ½ of all victims < 25! • Only 13 MS have data linking age + nationality, only 11 MS on age and type of exploitation, only 7 MS age and type of assitance and only 6 MS age + type of recruitment • GRETA Stock-taking of I. Evaluation Round (General Report 2015): • Child trafficking (identification and assistance) = #1 implementation challenge

6. CoE Anti-trafficking Convention • CoE Convention on Action against Trafficking in Human Beings 2005/08 • Basic principles • Human rights approach, victim-centred • Empowerment – access, information, reflection • Accountability – identification and referral/protection and assistance, compensation, monitoring • Areas of implementation: prevention, protection, prosecution, partnership • Monitoring mechanism • GRETA + Committee of the Parties

7. Rights-based approach n. Theis, J., Promoting Rights-Based Approaches, Save the Children, 2004

8. Child rights-basedanti-trafficking standards • Child rights mainstreaming (Preamble), specific definition of child trafficking (Palermo Protocol), definition "child” (CRC) • Prevention: child-sensitive approach to development/implementation/assessment of measures (+ gender-sensitive), education programmes; protective environment • Protection: child-focused identification, age assessment, unaccompanied children (guardian + best interests mandate, establish identity, family tracing), protection of privacy/media responsibility, access to specific assistance (accommodation, education, health), residence permit, return only after best interests determination/refoulement protection, missing children cooperation • Prosecution: aggravating circumstances, victim/witness protection • Implicitly: cooperation of child-focused bodies, strategic partnership with civil society, access to compensation, respect for non-punishment principle • Child participation in all decision-making processes, policy development etc

10. Rights-basedchild protection system • Art 5/5 CoE Convention: • Each Party shall take specific measures to reduce children’s vulnerability to trafficking, notably by creating a protective environment for them. • Concept of integrated child protection systems • See context violence against children (CoE Guidelines 2009), international development (UNICEF etc) • See definition in EC Reflection paper, 9th Child Rights Forum 2015): “(...) we define an integrated child protection system as the way in which • all duty-bearers (namely the state authorities represented by law enforcement, judicial authorities, immigration authorities, social services, child protection agencies, etc.) • and system components (e.g. laws, policies, resources, procedures, processes, sub-systems) • work together across sectors and agencies sharing responsibilities • to form a protective AND empowering environment for all children.“ • 10 Principles, incl. rights-based, non-discrimination, participatory

11. Rights-based anti-traffickingchild protection system Key messages, based on GRETA‘s experiences 1/2 • Establish clear common understanding • Definitions, concepts, scope – internal trafficking? • Rights-based – empowering, accountable • No isolated approaches – integrated into anti-trafficking NRM + broader child protection system • Multi-disciplinary approaches– identify relevant actors • Identification, assistance, training, assessment • Cooperation/strategic partnership • All levels of government (central – regions - local) • Who takes the lead? • Formalised protocols, instructions, data protection, tools, training, resources • State and non-state actors - service providers, resources • Cross-border cooperation! “Mobile child protection systems” • See CBSS guidelines!

12. Rights-based anti-traffickingchild protection system Key messages, based on GRETA‘s experiences 2/2 • Consider role of parents: family tracing  conflict of interests? – guardianship (beyond unaccompanied children!) • Consider role of child: formalised child best interests determination + child participation - durable solutions • Equal assistance standards for equal needs • irrespective of nationality/EU • Ensure legal residence, legal assistance – child access to compensation! • Convincing offer of assistance + policy addressing disappearing children • Involve professional groups/social workers, psychologists, cultural mediators, qualified interpreters • Ensure continuity of contact/trust • As a matter of principle: no detention • Feedback and complaint mechanisms for children, including Ombudsman, National preventive mechanisms (OPCAT) • Impact assessment of services and regular monitoring

13. How GRETA works • GRETA • 15 members, competent in trafficking/human rights issues • serving in individual capacity – independent • elected for 4 years (latest: Nov 2016) • Main steps of evaluation procedure • 4-year evaluation cycles, 2nd cycle launched in 2014 – focus on child trafficking, THB for labour exploitation, THB for organ removal • GRETA Questionnaire – country visit – report and conclusions • Committee of the Parties – Recommendations and follow-up - dialogue-oriented

14. Dialogue and cooperation

15. Findings from the Baltic region • Child victims: • from 0 (IS) to 100 (DE) identified cases/year, • mostly < 10%, except NO, SE (up to 30%) • Progress in developments • Impact of CBSS activities – Task Force, Expert Group – projects, Handbooks, addressing e.g. data collection, labour exploitation, role of municipalities, role of consular staff • Awareness-raising in schools, teacher trainings • Regional and international (development) cooperation, resources • In general: high level of social assistance standards, training commitment, recovery & reflection period up to 60 days, elaborate victim compensation schemes

16. Findings from the Baltic region • Challenges • Comprehensive understanding of child trafficking + scope: forced begging, forced criminality – non-punishment concept, forced labour/au pairs, exploitative sham marriages • Ensure integrated approaches: child focus in existing NRMs, both for identification and for assistance, civil society involvement, training • Identification of risk groups, ethnic minorities, unaccompanied children, guardianship • Assessment of policies (Action Plans) and services

17. Further progress identified • GRETA Compendium of good practices on the CoE Convention implementation, October 2016 • CBSS region: project on role of muncipalities, National Rapporteur (FI), demand reduction (NO), NGO trainings on child exploitation (PL), state-funded assistance programme (LV), residence permits (SE), non-punishment guidelines (DK), state compensation (IS, SE), coordination (DE, LT) • Cultural mediators from Roma communities (Serbia), day centres for children in street situations (Macedonia), protected care and guardianship (NL/Nidos), children‘s home for unaccompanied victims of trafficking (UK)

18. Conclusions – challenges ahead • (personal) recommendations for follow-up 1/2 • Clarification of concepts – violence/exploitation/trafficking, (cross-border) mobility of children, role of social media, misuse of traditions, multiple/cumulative vulnerabilities for exploitation, age assessment • Non-punishment principle and forced criminality of children • Assessments of local child protection systems, of services and policies/Action Plans, research agenda • Dedicated focus on asylum-seeking/migrating children • Socioeconomic child trafficking prevention policies • Child participation: involvement in best interests decision-making, policy/programme development • Guardianship also for accompanied children in case of conflict of interest of parents

19. Conclusions – challenges ahead • (personal) recommendations for follow-up 2/2 • Social work and child trafficking – prestige, training, proactive identification, outreach, street work • policies addressing disappearances • Unconditional access to residence permit, assistance without discrimination based on nationality • Legal assistance for children, access to compensation, witness protection at court/before/after – role of judges • Cross-border child protection • Case management, continuity of contact – “mobility” of child protection systems; role of transit countries • Family tracing – pooling of competences/expertise • Safe return/non-refoulement, monitoring of follow-up • Institutionalised fora for regular cross-border professional exchange and cooperation • Effective monitoring – role of civil society, media

20. Everything is possible ... Austrian daily newspaper Kurier,23 May 2009 ‘Escalator statistics‘

21. Thank you ... ... for your attention! Contact: helmut.sax@univie.ac.at Ludwig Boltzmann Institute of Human Rights, Vienna GRETA: www.coe.int/trafficking