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MME Senior Officials Meeting

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Trafficking in Human Beings and Smuggling of Migrants EU response and potential areas for EU-Africa cooperation MME Senior Officials Meeting 15-17 September 2010, ... – PowerPoint PPT presentation

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Title: MME Senior Officials Meeting


1
Trafficking in Human Beings and Smuggling of
Migrants EU response and potential areas for
EU-Africa cooperation
MME Senior Officials Meeting 15-17 September
2010, Brussels Agata Sobiech DG Home Affairs
2
Trafficking to/in the EU for
  • Sexual exploitation
  • Labour exploitation
  • Organ removal
  • Begging
  • Street crime
  • Terrorism ?
  • ?

3
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.

4
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)

5
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.

6
Other Policy Initiatives
  • EU Anti-Trafficking Coordinator
  • EU Anti-Trafficking day
  • National Rapporteurs
  • THB Website
  • Partnership approach

7
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.

8
EU Legal Framework on Smuggling of Migrants
  • 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.
  • 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.

9
Supporting THB and Anti-Smuggling initiatives in
non-EU 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

10
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)

11
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?

12
  • Thank You !
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