Trafficking in Human Beings and
Smuggling of Migrants
EU response and potential areas for EUAfrica cooperation
MME Senior Officials Meeting
15-17 September 2010, Brussels
Agata Sobiech
DG Home Affairs
Trafficking to/in the EU for:
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Sexual exploitation
Labour exploitation
Organ removal
Begging
Street crime
Terrorism ?
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Trafficking in the EU
• The EU has among its 27 MS both transit and source
countries (in particular among the new Member States)
but is as a whole primarily a destination region.
However, data for the EU are scattered and often based
on estimations and extrapolations
• IOM has estimated that about 120,000 women and
children are trafficked every year through the Balkans
alone.
• ILO has estimated that, at minimum, 270,000 victims are
under exploitation as a result of trafficking in the
industrialized countries (Europe and North America), at
any moment.
• Transcrime has estimated that, in Italy alone, about
40,000 victims are exploited for sexual exploitation.
Trafficking in the EU – Trends in Prosecution
• The response to human trafficking in terms of number of
convictions recorded per year is still weak, especially
compared to the number of victims.
• Most European countries record national conviction rates
for human trafficking below one convict per 100,000
people.
• In Europe, there are more convictions for rare crimes
such as kidnapping in Denmark (3 per 100,000 people),
homicide in Finland (4 per 100,000 people) or robbery in
Norway (5.8 per 100,000 people) than for human
trafficking
(Source : UN. GIFT 2009)
New EU Legal Framework
• A new proposal for a Directive was adopted on 29 March
2010 – key principles :
• Reinforcing a holistic approach (prevention, protection,
prosecution)
• Approximating substantive criminal law
• Bringing robust provisions on victim's protection
• Supporting the principle of non-punishment for petty
crimes and unconditional assistance.
Other Policy Initiatives
• EU Anti-Trafficking Coordinator
• EU Anti-Trafficking day
• National Rapporteurs
• THB Website
• Partnership approach
Partnership with non-EU countries
• Introducing a fourth “P” – Partnership approach
with third countries of origin and transit
• Framework for action : the Action Oriented
Paper on the external aspects of THB
adopted in November 2009.
• The aim of this AOP is to strengthen the
commitment and co-coordinated action of the
EU and the Member States to prevent and fight
all forms of THB in partnership with third
countries, regions and organisations at
international level.
EU Legal Framework on Smuggling of Migrants
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Directive 2002/90/EC of 28 November 2002 defining the facilitation of
unauthorised entry, transit, and residence:
provisions relating to a definition of the general infringement, optional
humanitarian clause and the obligation to establish proportionate, effective
and dissuasive sanctions.
•
Framework Decision 2002/946/JHA of 28 November 2002 on the
strengthening of the penal framework to prevent the facilitation of
unauthorised entry, transit and residence:
provisions relating to sanctions to be established, aggravating
circumstances, penalties for natural and legal persons, jurisdiction, rules on
extradition and prosecution.
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Stockholm Programme Action Plan: the Commission will examine the
possibility of strengthening EU instruments aimed at fight against smuggling
of migrants and creating a single and coherent instrument.
Supporting THB and Anti-Smuggling initiatives in nonEU countries
• In addition to country and regional cooperation through
the geographic instruments, the fight against trafficking is
a priority in the thematic instruments, such as the
AENEAS Programme (2004-2006) and currently, the
Thematic Programme on Migration and Asylum and the
Instrument for Democracy and Human Rights (EIDHR)
• Countries benefiting from support:
South Africa, Zambia, Nigeria, Benin, Zimbabwe, Gabon,
Morocco, Senegal
Examples of initiatives supporting African States at regional
level
- 3M global project implemented by UNODC to promote the ratification of
the Smuggling and the Trafficking Protocols and their transposition into
domestic law, provide capacity building for criminal justice actors to
implement these protocols, improve assistance and protection to trafficking
victims and smuggled migrants, and raise awareness among the public and
vulnerable groups.
- Strengthening the Criminal Justice System Response to Smuggling of
Migrants in North Africa by establishing adequate legislative framework,
building the capacities of law enforcement, prosecution and judiciary,
strengthening international and regional cooperation and fostering
awareness among relevant authorities and the general public (implemented
by UNODC and Europol)
- Law Enforcement Capacity Building Project for West Africa in Preventing
and Combating the Smuggling of Migrants – building capacities and
strengthening cooperation mechanisms among law enforcement and
prosecution authorities to effectively prevent, investigate and prosecute
smuggling of migrants, and to develop effective cooperation mechanisms
with third countries to that end, while protecting rights of smuggled migrants
(implemented by UNODC and Europol)
Potential areas of enhanced cooperation at the regional
and continental level
• Continuing to promote ratification of the Smuggling and the
Trafficking Protocols and their transposition into domestic law
• Promoting dialogue and cooperation between countries within a
region and along trafficking and smuggling routes
The cooperation could focus in particular on:
- prevention and awareness raising campaigns, including
involvement of civil society
- establishment and promotion of transnational referral mechanisms
- prosecution of cross-border crimes
- collection, dissemination and exchange of data
- return and reintegration to avoid re-victimisation and ensure social
inclusion
• Distinction between actions addressing trafficking in human beings
and smuggling of migrants?
Thank You !