Memorandum submitted by the Embassy of
the Slovak Republic
The Slovak Republic considers the trafficking
in human beings as a profound human rights abuse, a form of "modern-day
slavery", and a particular form of violence against women.
The fight against trafficking in persons was
given a new impetus in 2005, when the Minister of Interior established
an inter-ministerial Expert Group for the Prevention and Assistance
to Victims of Trafficking in Human Beings. The group was made
up of representatives of different ministries, NGOs and also representatives
of IOM and UNHRC. Its major task was to draw up the National Action
Plan for Combating Trafficking in Human Beings.
In the meantime, the National Coordinator
for Combating the Trafficking in Human Beings (currently the
2nd State Secretary of the Ministry of Interior) was appointed
on 1 October 2005, whose role is to coordinate activities of the
entities charged with the tasks of the National Action Plan for
Combating Trafficking in Human Beings.
The National Action Plan for Combating Trafficking
in Human Beings for 2006-07 was approved by the Government
of the Slovak Republic on 11 January 2006 by its Resolution No.
5/2006. The plan contained a number of tasks in the area of organisation
and coordination activities, collection and evaluation of the
relevant data but also in the prevention, information, training
and assistance to victims. Apart from conducting a range of information
campaigns and training events for competent state administration
officers, institutionalised cooperation of state authorities with
the non-governmental organisations was built.
At the end of 2006 the Expert Group on Trafficking
in Human Beings was established. The Expert Group is a advisory,
initiative and coordinating body of the national coordinator that
formulates anti-trafficking strategies. It is also responsible
for the performance of tasks set under the National Action Plan
to Combat Trafficking in Human Beings by individual ministries.
The group comprises several state administration bodies such as
the Slovak Ministry of Interior, Ministry of Finance, Ministry
of Justice, Ministry of Labour, Social Affairs and Family, Ministry
of Health, Ministry of Foreign Affairs, Ministry of Education,
the Office of the Government of the Slovak Republic, the Slovak
General Prosecutor's Office as well as local authorities, four
non-governmental organisations and the International Organisation
for Migration (IOM). It has its budget to cover expenses in three
areas:
— Subsidies to NGOs for direct assistance
to victims of human trafficking.
— Educational activities (training)
and conferences.
In 2008 the new National Programme for Combating
Trafficking in Persons for 2008-10 was adopted. It aims to provide
a comprehensive and effective national strategy for the fight
against phenomenon. Activities of the Programme are focused on
the cooperation and coordination of all stakeholders for purpose
of elimination of risks and prevention of trafficking in human
beings. It comprises also creation of conditions for the provision
of assistance and help to the victims of human trafficking and
protection of their human rights and dignity. The National Strategy
is implemented with the political and financial support of the
Government of the Slovak Republic that takes the full responsibility
for defining the objectives, implementation of measures and fulfilment
of the goals of the National Programme.
In her efforts to combat trafficking, the Slovak
Republic uses the experience of international institutions, particularly
the UN, OSCE and the Council of Europe. The Slovak Ministry of
Interior cooperates especially with the International Organisation
for Migration and the UN Office on Drugs and Crime.
As far as non-governmental organisations are
concerned, the Ministry of Interior cooperates in 2008 with five
partner non-governmental organisations (including IOM) in order
to implement the Assistance and protection programme for human
trafficking victims, providing them with a subsidy amounting
to SKK 5.120.000 for this year. Non-governmental organisations
include: IOM, the Slovak Crisis Centre "Dotyk", the
Civil Associations "Prima", the Slovak Catholic Charity
and the Cultural Association of Roma in Slovakia.
The return of trafficked persons is managed
in Slovakia by the International Organisation for Migration, as
part of their "Programme for the Return and Reintegration
of Trafficked Persons". If the Ministry of Interior of the
Slovak Republic includes foreign victims into its Programme for
Assistance and Protection of Victims of Human Trafficking, it
will enter into an agreement with the IOM to ensure the return
of such victims to their country of origin. Naturally, this would
occur either at the voluntary request of the victim, or if the
victim infringes the conditions of the programme, providing that
the victim would not be at peril in his/her country of origin.
The Slovak Republic is party to all important
international instruments concerning the fight against trafficking
in human beings including for the purposes of prostitution and
other forms of sexual exploitation. The relevant European legislation
was appropriately transposed into the Slovak legal order.
The Slovak Republic is party to the Council
of Europe Convention on Action against Trafficking in Human Beings
as well as to the Protocol to Prevent, Suppress and Punish the
Trafficking in Persons, especially Women and Children supplementing
the United Nations Convention against Transnational Organised
Crime (announcement No. 34/2005 Coll.). These treaties are according
to the article 7, paragraph 5 of the Constitution of the Slovak
Republic international treaties that directly confer rights or
impose duties on natural and legal persons and have precedence
over Slovak laws.
With a view to implement its international commitments,
notably the provisions of the relevant international conventions,
the Slovak Republic has adopted specific legislative measures
in the field of criminal law. Paragraph 179 of the current Penal
Code envisages the criminal offence of trafficking in human beings
and paragraphs 180 and 181 the criminal offence of trafficking
in children. Paragraph 179 forbids and punishes the trafficking
in human beings for the purposes of prostitution or other forms
of sexual exploitation including pornography.
Furthermore the sexual abuse establishes the
criminal offence of sexual abuse, which is punishable under the
Penal Code. According to paragraph 201 of the Penal Code, who
has sexual intercourse with a person who is less than fifteen
years old or who sexually abuses such a person in any other way
will be punished. According to paragraph 202 of the Penal Code
who leads a person who is less than 18 years old to an extramarital
intercourse or abuses her sexually in any other way and if such
a person is entrusted to his care or under his supervision or
is a dependent person, or it is done for the benefit, will be
punished.
Statistics focusing exclusively on human trafficking
related issues do not exist so far. However, statistics of the
Slovak police as to the number of detected and resolved crimes
and number of victims and perpetrators are available. In 2007
(as of 31 October), there were nine perpetrators (eight men and
one woman), and 15 victims (all women). There were 13 cases in
all, of which four have been resolved. The statistics on pandering
show 17 cases, of which 10 resolved, with 14 persons under prosecution
(11 men and three women). The number of victims of this crime
is not recorded. Statistical data of the Slovak General Prosecutor's
Office and the Slovak Ministry of Justice concerning the number
of convictions are also available.
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