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E-NOTES European NGOs Observatory on Trafficking, Exploitation and Slavery. Implementation of anti-trafficking policies and interventions in European Union Member States (2008 and 2009). Mike Dottridge Independent consultant. PRESENTATION INCLUDES. What our monitoring exercise involved
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E-NOTES European NGOs Observatory on Trafficking, Exploitation and Slavery
Implementation of anti-trafficking policies and interventions in European Union Member States (2008 and 2009) Mike Dottridge Independent consultant
PRESENTATION INCLUDES • What our monitoring exercise involved • A brief word about the method we used • A summary of some of our results • Focusing on patterns across the EU’s 27 Member States
A MONITORING EXERCISE IN 2010 TO MEASURE STATES’ RESPONSES • In implementing the minimum standards set out in: • The Council of Europe’s Convention on Action against Trafficking in Human Beings (2005) • Ratified by 19 EU States • Signed by 7 others • Only 1 State has not adhered (Czech Republic)
INCOMPLETE INFORMATION IS PROVIDED BY EU STATES ABOUT THEIR ANTI-TRAFFICKING RESPONSES • E.g., that by 2006, 500 trafficking cases had been investigated in 23 Member States in the course of a year • Most EU Member States had introduced a reflection period • But only 5 reported granting one – to a total of 26 individuals!
MONITORING METHOD • By NGOs and researchers they identified • One in each of 27 States • Using a 60-page research protocol • Trying to answer more than 200 questions • And writing a ‘profile’ of each of the States
RESULTS • No League Table or ‘Tiers’ for EU States • Some general conclusions and weaknesses identified • E.g. on 5 key points for anti-trafficking responses
1. COORDINATION OF ANTI-TRAFFICKING RESPONSES AT NATIONAL LEVEL • A national coordination structure in 23 out of the 27 EU States • None reported in France, Germany, Greece or Malta
2. IDENTIFICATION • 11 out of 27 States have a single government agency/ structure responsible for formally identifying trafficked persons • 6 of those without this have no standardised procedure(Austria, Bulgaria, France, Germany, Italy, Malta)
3. A REFLECTION PERIOD OF AT LEAST 30 DAYS • Reflection period in 23 out of 27 States • In 2008, 11 States granted reflection to 207 people • In 2009, 18 States granted reflection to 1,150 people
4. PROCEDURES CONCERNING RETURNS • 6 countries have formal return agreements • In only 3 of 17 States providing information were RISK ASSESSMENTS reportedly routine prior to returns (Italy, Portugal and Romania)
5. REMEDIES, REDRESS AND COMPENSATION • In 2008 trafficked persons received payments as damages or compensation in 12 countries (information from 22) • In 2009, also 12 (out of 20) • 9 made payments both years (Austria, Denmark, France, Germany, Italy, Netherlands, Spain, Sweden and UK)
PROSECUTIONS • We learned of 858 convictions in 22 countries for trafficking during 2008 • A total of 2,871 people were reportedly investigated in relation to trafficking offences in 17 countries during 2008 • We learned of 692 convictions in 21 countries during 2009
TRAFFICKED PERSONS IDENTIFIED • 2008 + 2009: 3,800 ‘presumed trafficked persons’ in 15 States • c. 58% confirmed (c. 2,200) • In 2009, 3,800 reportedly the subject of referrals in 16 States
TRAFFICKED WITHIN THE EUROPEAN UNION • In 2008 & 2009, nationals from EU States who were trafficked had the same entitlement to protection and assistance as ‘third country’ nationals in 18 EU States • In 14 EU countries (out of 25), EU citizens were identified and assisted in 2008 and 2009 on the same basis as trafficked persons from outside the EU
ASSISTANCE • In 20 out of 23 countries emergency medical treatment was reported to be available in 2009 for presumed trafficked persons • in some countries assistance was still conditional on trafficked persons being willing to provide information to law enforcement officials
PROTECTION FOR VICTIM WITNESSES • In-court protection was available to trafficked adults or children who were victim witnesses in about half EU • But there were reports from 5 countries that victim witnesses had their identity revealed during trials, despite promises of confidentiality
Scorecard for availability of in-court protection measures in 2009: 8 (best) to 0 (worst)
NATIONAL RAPPORTEURS • 9 countries had a National Rapporteur on trafficking (Cyprus, Czech Republic, Finland, Latvia, Lithuania, Netherlands, Portugal, Romania, and Sweden) • 16 did not • The 9 are not all independent
RECOMMENDATIONS • Further monitoring is necessary • Both by governments themselves and by civil society • Much more standardisation is needed on relevant terminology, statistics and ways of measuring (e.g., numbers of individuals prosecuted for trafficking) • More learning and transfer of good practice by EU States from one another
THANK YOU FOR YOUR ATTENTION! mikedottridge@btopenworld.com Tel. +44 1763 242 902 Royston SG8 5BY, United Kingdom