20 Trafficking in human beings
| (30067)
14602/08
COM(08) 657
| Commission working document: Evaluation and monitoring of the EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings
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| Legal base | — |
| Document originated | 17 October 2008
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| Deposited in Parliament | 24 October 2008
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| Department | Home Office |
| Basis of consideration | EM of 11 November 2008
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| Previous Committee Report | None
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| To be discussed in Council | No date fixed
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
20.1 The main EC legislation on trafficking in human beings is
a Framework Decision of 2002.[75]
Its main provisions are as follows:
Article 1 requires Member States to ensure that specified acts
are punishable if they are for the purpose of exploiting a person's
labour or exploiting a person for prostitution or another sexual
purpose.
Article 2 requires Member States to make punishable
the instigation, aiding, abetting or attempting of the acts specified
in Article 1.
Article 3 requires Member States to ensure that an
offence referred to in Articles 1 and 2 is punishable by a criminal
penalty which is effective, proportionate and dissuasive. In specified
circumstances (for example, where the offence was committed for
the purposes of prostitution or pornography), an offence referred
to in Article 1 should be punishable by imprisonment for up to
eight years.
Articles 4 and 5 make provision for the liability
of legal persons for offences and the sanctions for them.
Article 6 requires each Member State to establish
what its jurisdiction will be for the offences referred to in
Articles 1 and 2 where the offence is committed in its territory
or the offender is one of its nationals or where the offence is
for the benefit of a legal person established in its territory.
Article 7 requires Member States to ensure that investigations
or prosecution of offences do not depend on a report or accusation
made by the victim of the offence. Special provision is specified
for the support of child victims and their families.
Article 8 declares that the Framework Decision applies
to Gibraltar.
20.2 In 2004, the European Council adopted the Hague
Programme for work on justice and home affairs over the next five
years.[76] The Programme
included an invitation to the Council and Commission to devise
a plan for the development of common standards, best practices
and mechanisms to prevent and combat trafficking in human beings.
20.3 In response, the Commission presented a Communication
describing what it saw as the priorities for action.[77]
It proposed that action to protect the human rights of victims
of trafficking should be at the centre of EU policy. It called
for special attention to be given to the protection of women and
children. It stressed the need for more and better data on trafficking.
And it advocated that law enforcement authorities should give
the prevention and detection of trafficking the same priority
as action against other serious organised crime.
20.4 In December 2005, the Council adopted the Action
Plan for which the European Council had called.[78]
It is based on the Commission's Communication. It specifies actions,
objectives, timescales, allocations of responsibility and performance
indicators. It is not legally binding on Member States; but having
adopted it in the Council, it is politically binding on them.
20.5 Title VI of the EU Treaty contains the legal
base for EU action on trafficking in human beings. Article 29
EU says that the Union's objective is to provide its citizens
with a high level of safety in the area of freedom, security and
justice through police and judicial cooperation in criminal matters.
The Article says that the objective is to be achieved by preventing
and combating trafficking in human beings, among other serious
crimes.
The document
20.6 This Commission working paper has been produced
in response to the request of the Justice and Home Affairs Council
for an evaluation of the Action Plan. It is based on the replies
the Commission received from 23 Member States and Norway to a
questionnaire.
20.7 The first section of the document is about
the action Member States have taken. The following are among the
main points:
- Prevention
— many of the respondents to the questionnaire have taken
preventive action within their own borders, such as providing
training for law enforcement agencies, but much less has been
done to promote prevention in the countries from which victims
originate.
- Investigation and Prosecution
— while the statistics are not comprehensive, the figures
for the number of investigations and prosecutions lead the Commission
to the conclusion that trafficking for the purposes of sexual
exploitation and labour exploitation are still low-risk crimes
for the offenders.
- Compensation —
while the legislation of many of the respondent countries includes
a right for victims of trafficking to receive compensation from
public funds, the only available figures indicate that the actual
number who have received compensation is very low (Denmark 1,
France 5, Holland 18, the UK 4, Norway, 2).[79]
- National coordination
— each of the respondent countries has its own arrangements
for inter-agency coordination. National monitoring arrangements
appear to be inadequate. Two countries have already appointed
rapporteurs and eight others (including the UK) are considering
whether to make similar appointments.
- Commission conclusion on implementation by
Member States — in the Commission's
view, there appears to be a significant gap between what the national
legislation to implement the Framework Decision provides and what
is actually being done. Weak points are police protection for
victims, compensation and assessment by law enforcement agencies
of the risk to victims before they are made to return to their
counties of origin.
20.8 The second section of the document comments
on the implementation of the Action Plan by Member States, the
Commission, Eurojust, Europol and the others to whom it is addressed.
For example, commenting on the item in the Plan on addressing
the causes of trafficking, the document says:
"The Commission has financed a wide range of
initiatives aimed at addressing the root causes of trafficking
such as poverty, exclusion, social inequalities and gender discrimination.
It also funds projects directly focussing on the prevention of
trafficking in a large number of third countries, often implemented
by civil society organisations. In addition, the Commision has
financed a number of initiatives designed to improve the economic,
legal and political position and promote the rights of the most
vulnerable groups, namely, children, women, migrants and indigenous
people."[80]
The Commission adds, however that action on some
of the items has not yet been taken and that: "it is still
difficult to assess the real impact of actions that have been
implemented on the actual development of anti-trafficking policy".[81]
20.9 In the third section of the document, the Commission
suggests concentrating efforts in the short term on:
i) establishing national rapporteurs to
help monitor trends in trafficking and the results of counter-measures;
ii) setting up or strengthening national arrangements
for identifying victims of trafficking and referring them to services
which can help them;
iii) setting up child protection systems to explore
whether trafficking has occurred in any case of child exploitation
for prostitution or other forms of exploitation;
iv) giving support to NGOs which help victims
of trafficking;
v) organising training for authorities and organisations
involved in the identification of cases of trafficking and, in
particular, trafficking for labour exploitation;
vi) improving the coordination of the investigation
and prosecution of traffickers; and
vii) strengthening cooperation with third countries
— and, in particular, the western Balkans, the EU's eastern
neighbours and north African countries — to counter trafficking
and encourage judicial cooperation.
The Commission also says that it is considering a
revision of the Framework Decision to ensure more effective support
for victims.
The Government's view
20.10 The Parliamentary Under-Secretary of State
at the Home Office (Mr Alan Campbell) tells us that the Commission's
suggestions in the third section of the document:
"are focussed on areas in which the UK already
has in place a range of policies and practices which are in the
process of being further developed and strengthened where necessary.
"None of the suggestions listed will require
any change in policy or legislation in the UK …" .
Conclusion
20.11 There can be no doubt of the imperative
need for determined and sustained effort by all Member States,
working together and with countries of origin, to prevent trafficking
in human beings — the new slavery — prosecute offenders
and give the victims the protection, support and understanding
they deserve.
20.12 We believe that the Commission's document
performs a necessary and valuable service in indicating how far
actual performance lags behind the aims of the Framework Decision
of 2002. Although it appears that the UK is one of the better
performing Member States, a great deal more needs to be done.
20.13 Because of the importance of its subject,
we draw the Commission's document to the attention of the House
and to the attention of the Home Affairs Committee, in particular.
We see no need, however, to keep the document under scrutiny.
75 Council Framework Decision 2002/629/JHA: OJ No.
L 203, 1.8.02, p.1. Back
76
European Council 4-5 November 2004, Presidency Conclusions, Annex
I, p.12, paragraph 1.7.1. Back
77
(26961) 13590/05: see HC 34-ix (2005-06), chapter 11 (9 November
2005). Back
78
EU Action Plan on best practices, standards and procedures for
combating and preventing trafficking in human beings: OJ No. C
311, 9.12.05. Back
79
We understand that, in the UK, the Criminal Injuries compensation
Board may not pay compensation to a victim unless there has been
a prosecution and conviction. Back
80
Commission working document, page 7, paragraph 2.3.1. Back
81
Commission working document, page 10, conclusions. Back
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