Category Archives: Fight against Trafficking in Human Beings

Trafficking in human beings, for whatever reason – sexual exploitation or work – is a violation of fundamental human rights. Because it affects vulnerable groups such as women and children in particular, the European Union has focused its action on objectives aiming to protect these groups and to prevent and combat this phenomenon, especially by strengthening cooperation and coordination between the police and judicial authorities of the Member States. Likewise, the EU is introducing a framework of common provisions in order to tackle certain issues, such as criminalisation and penalties or aggravating circumstances in the case of trafficking in human beings. The action of the EU, which in this way is also designed to protect the victims of trafficking, is based on instruments defining its objectives and priorities, but it is also integrated in a broader context of protection against violence, sexual tourism and child pornography.

Experts Group on Trafficking in Human Beings

Experts Group on Trafficking in Human Beings

Outline of the Community (European Union) legislation about Experts Group on Trafficking in Human Beings

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Experts Group on Trafficking in Human Beings

This Decision sets up a group of experts to provide the European Commission with expertise in preventing and fighting trafficking in human beings.

Document or Iniciative

Commission Decision 2003/209/EC of 25 March 2003 setting up a consultative group to be known as the “Experts Group on Trafficking in Human Beings”.

Summary

Trafficking in human beings is a serious violation of human rights. Since 1996, the European Union (EU) has taken a comprehensive and multidisciplinary approach to the fight against this phenomenon by adopting various legal instruments such as the Framework-Decision 2002/629/JHA) and a series of programmes including:

  • A programme of incentives and exchanges for persons responsible for combating trade in human beings and the sexual exploitation of children (STOP I and II);
  • A programme on preventive measures to fight violence against children, young people and women (DAPHNE Programme);
  • A framework programme on police and judicial cooperation in criminal matters (AGIS).

As part of the STOP II programme, in September 2002, the European Commission, in conjunction with the International Organisations for Migration (IOM) and the European Parliament, organised the European Conference on Preventing and Combating Traffic in Human Beings – Global Challenge for the 21st Century.

The final result of the Conference is the Brussels Declarationwhich states that “trafficking in human beings is an abhorrent and worrying phenomenon involving coercive sexual exploitation, labour conditions akin to slavery, exploitation in begging and juvenile delinquency as well as domestic servitude”.

The recommendations attached to the Declaration call for an experts group to be set up to consolidate and develop the validity and performance of standards and best practices of the counter trafficking policy.

Provisions relating to the experts group

The Experts Group will take the form of a consultative group in accordance with current practice in other areas. The aim is to provide the European Commission with expertise in the shape of opinions or reports relating to the prevention of and the fight against trafficking in human beings. The group is required to submit a report within nine months of being set up, to enable the Commission to launch new initiatives at European level.

The group will consist of experts in the fight against trafficking in human beings. They must have acquired experience from activities in entities involved in the fight against trafficking in human beings. They will be appointed by the Commission by a procedure involving all the actors concerned. There will be no remuneration.

For the sake of balance, the number of experts in the group is set at 20 including seven from the administrations of EU Member States, four from the administrations of the candidate countries and nine from inter-governmental, international and non-governmental organisations engaged in activities at European level with proven competence and experience in the fight against trafficking in human beings.

The one-year term of office may be renewed. The decision to renew the term of office will be taken on the basis of the results obtained by the group.

Activities of the group

In order to fulfil its mission, the experts group may set up ad hoc working parties comprising eight members at most.

The experts’ opinions and reports are transmitted to the Commission, which can publish them on the Internet. If these documents are unanimously adopted by the group, it may establish common conclusions

Additional experts

Under the decision, the experts group can invite official representatives of the Member States, candidate countries or third countries and of international, inter-governmental and non-governmental organisations to hold a dialogue at an early stage between the States and organisations which will have to implement future measures possibly based on the group’s recommendations.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Decision 2003/209/EC 26.3.2003 – 16.10.2007 OJ L 79 of 26.3.2003

Related Acts

Commission Decision 2007/675/EC of 17 October 2007 setting up the Group of Experts on Trafficking in Human Beings [Official Journal L 277 of 20.10.2007].

This Decision repeals Decision 2003/209/EC as of 17 October 2007.

Protocol against the trafficking of people

Protocol against the trafficking of people

Outline of the Community (European Union) legislation about Protocol against the trafficking of people

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Justice freedom and security > Fight against trafficking in human beings

Protocol against the trafficking of people

Document or Iniciative

Council Decisions 2006/618/EC and 2006/619/EC of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime.

Summary

With these decisions the Council ratifies, on behalf of the European Union (EU), the Protocol on trafficking in persons supplementing the United Nations Convention against Transnational Organised Crime adopted by the General Assembly of the United Nations on 15 November 2000. Annex II to the decisions specifies the competence of the European Community with regard to matters governed by the Protocol.

The purposes of the Protocol are:

  • to prevent and combat transnational trafficking in persons *, especially women and children *, by organised criminal groups;
  • to protect and assist the victims of exploitation *;
  • to promote cooperation among countries in this domain.

Each signatory State is required to adopt the necessary legislative and other measures to establish as criminal offences the acts defined as trafficking in persons, including acting as an accomplice in such acts.

Disputes between the signatory States concerning the interpretation or application of this Protocol should be settled by negotiation and, failing that, by arbitration. In the latter case, if an arrangement has not been made within six months, any of those States may refer the dispute to the International Court of Justice.

Preventing trafficking in persons

The signatory States should adopt measures to prevent and combat trafficking in persons, in cooperation with relevant civil society organisations. These measures might include information and media campaigns and social and economic initiatives.
It is also important to address the factors that render people vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity, through bilateral and multilateral cooperation.

Protecting victims

The signatory States must protect the privacy and identity of victims of trafficking and provide them with information on relevant court and administrative proceedings. They are also required to provide for their physical, psychological and social recovery, for example by providing housing, appropriate care, and employment, educational and training opportunities.
They must allow victims of trafficking to remain in their territory, temporarily or permanently, giving appropriate consideration to humanitarian and compassionate factors. These persons must also be assisted to return to their country of origin or to reach another country, with due regard for their safety.

Cooperation

The relevant services of the signatory States should exchange information on the types of travel documents that are used for the purpose of trafficking in persons, and the means and methods used by organised criminal groups for this purpose. Cooperation between the border control services of the signatory States should also be strengthened.

Background

The United Nations Convention against Transnational Organised Crime, adopted by the General Assembly of the United Nations on 15 November 2000, came into force on 23 September 2003.
It is supplemented by three Protocols: the Protocol against trafficking in persons, which came into force on 25 December 2003, the Protocol against the smuggling of migrants by land, air and sea, which came into force on 28 January 2004, and the Protocol against the illicit manufacture of and trafficking in firearms, which came into force on 3 July 2005.

Key terms used in the act
  • Trafficking in persons: the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation.
  • Exploitation: exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
  • Child: any person under 18 years of age.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Council Decisions 2006/618/EE and 2006/619/EC [adoption: consultation CNS/2003/0197] 24.7.2007 OJ L 262 of 22.9.2006

Related Acts

Council Decision 2004/579/EC of 29 April 2004 on the conclusion, on the behalf of the European Community, of the United Nations Convention against Transnational Organised Crime [Official Journal L 261 of 6.8.2004].

Council Decisions 2006/616/EC and 2006/617/EC of 24 July 2006 on the conclusion of the Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organised Crime [Official Journal L 262 of 22.9.2006].

Council Decision 2001/748/EC of 16 October 2001 on signing on behalf of the European Community of the Protocol against the illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, annexed to the United Nations Convention against Transnational Organised Crime [Official Journal L 280 of 24.10.2001].

Group of Experts on Trafficking in Human Beings

Group of Experts on Trafficking in Human Beings

Outline of the Community (European Union) legislation about Group of Experts on Trafficking in Human Beings

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Group of Experts on Trafficking in Human Beings

Document or Iniciative

Commission Decision 2011/502/EU of 10 August 2011 on setting up the Group of Experts on Trafficking in Human Beings and repealing Decision 2007/675/EC [OJ L 207 of 12.8.2011].

Summary

This Decision establishes a Group of Experts on Trafficking in Human Beings responsible for advising the European Commission on all anti-trafficking matters.

The Group’s main tasks are:

  • to provide the Commission with written contributions on matters related to trafficking in human beings, ensuring a coherent approach to the subject;
  • to help the Commission to assess the evolution of policy in the field at national, European and international levels, and to identify possible measures;
  • to provide a forum for discussion on matters related to trafficking in human beings.

The group shall be composed of fifteen members appointed by the Commission for four years on the basis of a call for applications. Its members shall be individuals with expertise and experience in the prevention of and fight against trafficking in human beings. They shall be citizens of a Member State of the European Union (EU), a candidate or potential candidate country or a European Economic Area country.

The group shall be chaired by the EU Anti-Trafficking Coordinator. Experts and observers may be invited to participate in meetings.

Neither group members nor experts and observers will receive any remuneration for their services.

Context

Set up in 2003, the group has enabled the Commission to develop its anti-trafficking policy. This Decision repeals the previous Decision establishing the group of experts, in order to take account of the new European Directive on the prevention of and fight against trafficking in human beings and the creation of the position of EU Anti-Trafficking Coordinator. The latter has the task of improving the coordination of action at European, national and international levels and of participating in the development of EU policies in the field of anti-trafficking.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Decision 2011/502/EU

1.9.2011

OJ L 207, 12.8.2011

Combating the sexual abuse and sexual exploitation of children and child pornography

Combating the sexual abuse and sexual exploitation of children and child pornography

Outline of the Community (European Union) legislation about Combating the sexual abuse and sexual exploitation of children and child pornography

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Justice freedom and security > Fight against trafficking in human beings

Combating the sexual abuse and sexual exploitation of children and child pornography

Document or Iniciative

Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating sexual abuse and sexual exploitation of children, and child pornography, replacing the Council Framework- Decision 2004/68/JHA.

Summary

This Directive harmonises throughout the European Union (EU) criminal offences relating to sexual abuse committed against children, the sexual exploitation of children and child pornography. It also lays down the minimum sanctions. The new rules also include provisions aimed at combating child pornography on-line and sex tourism. Furthermore, it aims to prevent paedophiles already convicted of an offence from exercising professional activities involving regular contact with children.

Offences and sanctions

Some twenty criminal offences are identified by the Directive divided into four categories:

  • sexual abuse, such as engaging in sexual activities with a child who has not reached the age of sexual consent or forcing them to submit to such activities with another person;
  • sexual exploitation, such as, for example, coercing a child to engage in prostitution or to participate in pornographic performances;
  • child pornography: , possessing, accessing, distributing, supplying or producing child pornography;
  • the solicitation of children on-line for sexual purposes: , proposing, via the Internet, to meet a child for the purpose of committing sexual abuse and, through the same means, soliciting the child to provide pornographic material of themselves.

At national level, the maximum terms of imprisonment must, at the least, meet certain thresholds ranging from one to ten years depending on the seriousness of the offence and depending on whether or not the child has reached the age of sexual consent. Incitement to commit an offence is also punishable.

A legal person may be held liable and sanctioned if the offence is committed for their benefit by a person who has decision-making powers. .

Several aggravating circumstances are provided for, specifically when the offence is committed against a particularly vulnerable child, or by a member of the child’s family, or where a person has abused a position of trust or authority, or also where the offender has previously been convicted of offences of the same nature

With regard to consensual sexual activities, the Directive leaves it to the discretion of Member States to decide whether or not certain practices are punishable where they involve persons who are close in age and in their degree of psychological and physical development or maturity, and which may be regarded as the normal discovery of sexuality.

Professional activities involving contact with children

In order to avoid any risk of recidivism, a person convicted for one of the offences defined by this Directive must be prevented from exercising employment involving direct and regular contact with children.. The employers concerned must be able to request information on the existence of a conviction or a disqualification from exercising this type of employment. This information must also be sent to other Member States in order to prevent a paedophile from taking advantage of the free movement of workers within the EU by working with children in another country.

Sex tourism

The organisation of trips aimed at committing acts of sexual abuse, sexual exploitation of children, and also child pornography, must also be banned. As these crimes often go unpunished in the countries where they took place, this Directive provides that Member States can try their citizens for offences of this type committed abroad.

Furthermore, along with their competency when an offence is committed on their territory or by one of their nationals, Member States may also extend their competency to offences committed abroad when the offender of the crime regularly resides in their territory, or if the offence has been committed on behalf of a legal person established in their territory, and also when the victim is one of their citizens.

Child pornography on the Internet

Member States must also ensure that child pornography sites hosted within their territory are promptly removed and must strive to remove those hosted abroad. Furthermore, under certain conditions regarding transparency and Internet user information, they have the possibility to block access to these sites in their territory.

Investigations, prosecutions and competencies

Investigations and prosecutions concerning offences must not solely depend on a report or accusation being made by the victim, and criminal proceedings must be able to continue even if that person has withdrawn his or her statement.. Furthermore, for the most serious offences, prosecutions must be possible for a sufficient period of time after the victim has reached the age of majority.

Assistance, support and protection for victims

In accordance with the provisions provided for by the Directive on the standing of victims in criminal proceedings, assistance and support must be provided to victims before, during and after criminal proceedings.. Child victims of sexual abuse, sexual exploitation or child pornography are considered as particularly vulnerable victims and must be treated in a manner which is most appropriate to their situation.

Specific protective measures will be taken, in particular, when the offender is a member of the child’s family. In addition, young victims must have, without delay, access to free-of-charge legal advice and representation, if required. Furthermore, the assistance and support provided must not depend on their willingness to cooperate in the investigation or the legal proceedings.

Prevention

Specific programmes aimed at reducing the risks of recidivism must be proposed to persons convicted or prosecuted for sexual offences against children. These persons must also be assessed to determine the danger they pose and the risks of recidivism.

Context

This Directive replaces Framework-Decision 2004/68/JHA. Given that some victims of human trafficking are also child victims of sexual abuse or sexual exploitation, this Directive also supplements the Directive on preventing and combating trafficking in human beings.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2011/93/EU

17.12.2011

18.12.2013

OJ L 335 of 17.12.2011

Plan on best practices, standards and procedures

Plan on best practices, standards and procedures

Outline of the Community (European Union) legislation about Plan on best practices, standards and procedures

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Plan on best practices, standards and procedures

Document or Iniciative

EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings [Official Journal C 311 of 9.12.2005].

Summary

The Hague Programme, adopted by the European Council in November 2004, invited the Commission and the Council to establish a plan in 2005 for developing common standards, best practices and mechanisms to prevent and combat trafficking in human beings.

General principles governing implementation of the action plan

In the communication to the Parliament and the Council of 18 October 2005 on fighting trafficking in human beings, the Commission laid down the specific means necessary for developing an integrated approach to tackling trafficking in human beings. This approach is based on respect for human rights and a coordinated policy response, notably in the areas of freedom, security and justice, external relations, development cooperation, social affairs and employment, gender equality and non-discrimination.

It is vital to improve our collective understanding of the issues involved in human trafficking. In particular, it is important to understand its root causes in the countries of origin and the factors that facilitate its development in the countries of destination, as well as its links with other forms of crime. In order to improve our knowledge of the scale and nature of this phenomenon as it concerns the European Union (EU), common guidelines need to be developed by autumn 2006 on the collection of data, including comparable indicators. A common research template needs to be developed for EU countries in order to increase research in specific areas, starting with child trafficking.

The EU recognises that it is indispensable to ensure that the human rights of victims of human trafficking are respected at every stage of the process. EU countries should set up an appropriate governmental coordination structure to evaluate and coordinate national policies and to ensure that the victims are treated appropriately.

EU countries and the Commission should implement policies that reinforce the criminalisation of human trafficking, protecting vulnerable groups such as women and children in particular.

The EU’s policy in this area should aim for a child’s rights approach based on internationally recognised principles. In particular, the policy should respect the principles set out in the UN Convention of the Rights of the Child and take account of the Council of Europe Action Programme on Children and Violence (2006-08).

Gender-specific strategies should be adopted as a key element in combating trafficking in women and girls. This includes implementing gender equality principles and eliminating demand for all forms of exploitation, including sexual exploitation and domestic labour exploitation.

A number of actions to prevent trafficking in human beings will be taken by the end of 2006. For example, EU campaign materials will be prepared to raise awareness of the dangers involved and to publicise crime prevention and criminal justice in order to deter traffickers. A network of media contacts will be created on trafficking to raise public awareness of successes within and outside the EU.

Human trafficking is a serious crime against persons that must be addressed as a clear law enforcement priority. It must be converted from a “low risk/high reward enterprise for organised crime” into a high risk/low reward activity. The EU should step up its operations to ensure that trafficking in human beings does not generate any economic advantage and, where profits are made, to seize and confiscate all of them.

There should be increased cooperation with the agencies responsible for the control of working conditions and for financial investigations related to irregular labour in order to combat human trafficking for labour exploitation.

In the same way, the law enforcement agencies need to work more with Europol, which should regularly participate in exchanges of information, joint operations and joint investigative teams. Eurojust should also be consulted to facilitate the prosecution of traffickers.

Strategies to combat human trafficking should be coordinated with strategies to combat corruption and poverty. Employers’ organisations, trade unions and civil society organisations active in this field should also cooperate with the public authorities. EU countries and institutions must continue to cooperate with the relevant international organisations, such as the United Nations, the OSCE and the Council of Europe.

Regional solutions for the prevention of trafficking in human beings and the protection of its victims are essential. EU countries and the Commission should make greater efforts to promote regional initiatives that supplement and inspire cooperation at EU level.

This action plan will be revised and updated regularly. The annexed table of actions will facilitate regular evaluation and updates.

Related Acts

Commission working document of 17 October 2008 – Evaluation and monitoring of the implementation of the EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings [COM(2008) 657 final – Not published in the Official Journal].
This report provides an overview of the implementation of anti-trafficking measures in the EU countries and Norway, as well as by the EU bodies.
The approximation of EU countries’ anti-trafficking legislation has proceeded rapidly in the past years, especially with regard to criminal law and victim assistance. However, there are large inconsistencies between adopting and implementing legislation. Furthermore, the Commission is contemplating the revision of the framework decision on trafficking. In this manner, the support mechanisms for victims will also be made more effective. The law enforcement and judicial cooperation at an international level has increased as well; nevertheless, more efforts need to be made. Government coordination mechanisms are also now set up, but work needs to still be done on monitoring systems.
The relevant EU bodies have also taken steps to implement certain anti-trafficking measures. Yet, considerable weaknesses still exist in practice and some measures remain to be implemented altogether.
In continuing with the EU anti-trafficking policy, the Commission is proposing that, in the short term, efforts be concentrated on the following crucial actions:

  • the establishment of National Rapporteurs, especially for monitoring purposes;
  • the creation or improvement of national mechanisms for the identification of and referral to victim support services;
  • the creation or improvement of child protection systems;
  • the provision of support, including financial, to non-governmental organisations (NGOs) active in the field;
  • the organisation of trainings for relevant stakeholders;
  • the improvement of coordination of investigations and prosecutions;
  • the further development of cooperation on anti-trafficking measures with the EU’s external partner countries.

The outcomes of this plan will be used as the basis for a new post-2009 strategy.

Incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children

Incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children

Outline of the Community (European Union) legislation about Incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children (STOP)

1) Objective

To establish a programme for exchanging information between member States on trade in human beings and the sexual exploitation of children.

2) Document or Iniciative

Joint action 96/700/JHA, of 29 November 1996, adopted by the Council pursuant to Article K.3 of the Treaty on European Union, establishing an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children [Official Journal L 322, 12.12.1996].

3) Summary

The object of the joint action for the period 1996 – 2000 now under way is to establish a programme to develop coordinated initiatives on the combating of trade in human beings and the sexual exploitation of children, on disappearances of minors and on the use of telecommunications facilities for the purposes of trade in human beings and the sexual exploitation of children.

For the purposes of this joint action, “persons responsible for combating trade in human beings and the sexual exploitation of children” shall mean the following categories of persons inasmuch as they have responsibilities in the area concerned: judges, public prosecutors, police departments, civil servants, public services concerned with immigration and border controls and with social and tax legislation, the prevention or combating of such phenomena and assisting the victims or dealing with the perpetrators.

The programme shall provide for measures in the following fields:

  • training,
  • exchange programmes and training courses,
  • the holding of multidisciplinary meetings and seminars,
  • studies and research,
  • dissemination of information.

The Commission shall be responsible for implementing the measures provided for in this joint action and shall adopt the detailed procedures for applying it, including the eligibility criteria for costs.

The Commission shall, with the assistance of experts from the professional circles concerned, establish a draft annual programme for implementing this joint action as regards specific priorities and the allocation of the appropriations available amongst fields of action. The Commission shall each year evaluate the measures for implementing the programme during the previous year.

The Commission shall be assisted by a committee consisting of one representative from each Member State and chaired by a representative of the Commission.

The Commission shall report anually to the European Parliament and the Council on the implementation of the programme. The first report shall be forwarded at the end of the 1996 financial year.

For further information on the second phase of the programme see ” STOP II “.

4) Implementing Measures

Annual programme for 1999 Official Journal C 12, 16.01.1999
Annual programme for 2000
Official Journal C 355, 08.12.1999

It lays out the annual priorities regarding the implementation of the programme on the one hand and supplies general and practical information to applicants seeking finance to initiate projects on the other.

5) Follow-Up Work

STOP II

STOP II

Outline of the Community (European Union) legislation about STOP II

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

STOP II

1) Objective

To ensure continuity of the STOP programme, which expires at the end of 2000; to prevent and combat trade in human beings and the sexual exploitation of children, including child pornography.

2) Document or Iniciative

Council Decision of 28 June 2001 establishing a second phase of the programme of incentives, exchanges, training and cooperation for persons responsible for combating trade in human beings and the sexual exploitation of children (STOP II) [Official Journal L 186, 07.07.2001].

3) Summary

The Decision sets out to establish a second phase of the STOP programme covering the period from 1 January 2001 to 31 December 2002.

The aims of the programme are:

  • to develop, implement and evaluate a European policy in this field;
  • to encourage networking, the dissemination of information and the improvement of scientific and technical research;
  • to facilitate participation by countries that have applied to join the European Union in the projects that are developed;
  • to encourage cooperation with non-Union countries and the relevant international organisations.

The Decision provides for the co-financing of projects submitted by any institution, association or public or private organisation in the Member States involved in helping victims or combating this illegal trade.

The programme is aimed at judges, public prosecutors, law enforcement authorities, public immigration and social service authorities, researchers and representatives of charitable organisations. To be eligible for co-financing, projects must involve at least three Member States (or two Member States and one applicant country).

The programme may finance specific projects of particular interest in terms of the programme’s priorities, and complementary measures (seminars, meetings of experts, other measures to disseminate information).

The programme covers the following types of project:

  • training;
  • exchanges and work-experience placements;
  • studies and research;
  • meetings and seminars;
  • dissemination of the results obtained under the programme.

The Commission is responsible for managing and implementing the programme, in cooperation with the Member States. It will prepare an annual work programme comprising specific objectives and a list of projects regarded as priorities.

The Commission is responsible for evaluating and selecting projects on the basis of a series of criteria including, among other things, their European dimension, the scope for participation by the applicant countries, complementarity with other cooperation projects, and quality in terms of project design and the presentation of expected results.

The Commission will be assisted by a “STOP II Committee”, composed of representatives of the Member States. The Commission will chair the Committee and may invite representatives of the applicant countries to information meetings following Committee meetings.

The Commission will undertake an annual evaluation of the measures carried out and send a report on implementation of the programme to Parliament and the Council each year. The first report must be submitted by 31 July 2002.

The Decision will enter into force on the date of its publication in the Official Journal.

4) Implementing Measures

5) Follow-Up Work

Combating child sex tourism

Combating child sex tourism

Outline of the Community (European Union) legislation about Combating child sex tourism

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Combating child sex tourism

Document or Iniciative

Communication from the Commission of 27 November 1996 on combating child sex tourism.

Summary

The expansion of tourism over the past half-century has more recently been accompanied by an increase in child sex tourism. The main perpetrators of child sexual exploitation in tourism are not ‘real’ paedophiles but people who take advantage of being in another country to ignore the social taboos which would normally govern their behaviour (“preferential abusers” and “occasional abusers”). The World Congress against Commercial Sexual Exploitation of Children, held in Stockholm in August 1996, provided an opportunity to define this phenomenon more clearly.

The Commission is concerned about the increase in child sexual exploitation and the fact that it is spreading geographically, and wants the Member States and the tourism industry to become more closely involved in fighting this scourge. To this end, it intends to encourage the drawing-up and implementation of codes of conduct which are in line with the tourism ethic as laid down in the Tourism Bill of Rights and the Tourist Code adopted by the World Tourism Organisation in 1985.

Practical steps have already been taken, including the measures referred to in the Communication on harmful and illegal content on the Internet, the Green Paper on the protection of minors and human dignity in audiovisual and information services (October 1996), and the Communication on trafficking in women for the purpose of sexual exploitation (November 1996).

In practical terms, the Commission is considering EU measures in three priority areas:

Deterring and punishing child sex abusers

It is important to get rid of any legal vacuums that may exist, in particular by enacting laws to punish offenders for offences and crimes committed against children abroad, and by giving national courts extra-territorial jurisdiction in this area, even where the presumed offence or crime is not provided for under the laws of the country in which it was committed. It is clear from initial assessments that increased judicial cooperation between the Member States is needed.

Collecting and exchanging information on the social aspects of sex tourism will improve understanding of this phenomenon. For example, such information could cover the links between tourism and prostitution, the identity, motivation and behaviour of sex tourists, and the public health implications of sex tourism.

Preventive measures could be taken by the national tourism authorities, particularly by providing information for travellers. As well as making them aware of differences between the foreign country and their own, travellers would be reminded of the need to respect the values of the country being visited and to comply with certain basic rules of behaviour. A coordinated EU response could then be considered by the Advisory Committee in the field of tourism, made up of members designated by each Member State, and at the Commission’s consultation meetings with the tourism industry.

Stemming the flow of sex tourists from the Member States

The reasons underlying the supply side of child sex tourism are as numerous as they are complex, although poverty is one of the main factors. The Commission intends to focus its action primarily on the demand side because child sex tourists come mainly from industrialised countries, including EU Member States.

To this end, coordinated public information and awareness-raising campaigns against child sex tourism could be organised. The Community would provide funding for these campaigns and would mobilise the various Community information networks. Programmes and training modules for people working in the tourism industry (including students being trained in the tourism sector) could give them guidelines for combating child sex tourism. Finally, the drafting and tightening-up of codes of conduct and self-regulatory mechanisms in the tourism industry would be important instruments. The Commission will push for the various branches of the tourism industry to sign up to a basic minimum set of commitments.

Helping to combat sex tourism in third countries

This line of action is in keeping with the principle of respect for human rights both within and outside the EU, as laid down in the treaties and agreements the EU has concluded with countries outside the EU. While the sexual exploitation of children for commercial purposes is not actually perpetrated by governments, the Commission will apply pressure on countries which appear to be dilatory in this regard.

With regard to financing, the Commission will act in accordance with the principles of rationalising methods for action and coordinating the Community resources available for the protection of children who are victims of sex tourism. Existing instruments for promoting and protecting the rights of the child could be used specifically to support measures to help children who are victims of sex tourism. At the same time, there should be political dialogue with the developing countries most affected. Other measures could be considered once a more detailed analysis of the nature and extent of child sex tourism and of the measures implemented by the countries concerned has been undertaken.

Conclusion

The EU Member States have a duty to take practical steps to combat child sex tourism:

  • in view of the countries of origin of the tourists involved;
  • to prevent the development of child prostitution in Europe;
  • because they have ratified the Convention on the Rights of the Child.

References

Act Entry into force – Expiry date Deadline for transposition in the Member States Official Journal
COM(96)547 final OJ C 3 of 7.1.1997

Related Acts

Decisions

Council Framework Decisionof 22 December 2003 on combating the sexual exploitation of children and child pornography.

to combat child pornography on the Internet.

Decision 96/700/JHA Official Journal L 322, 12.12.1996

Council Joint Action of 29 November 1996 establishing an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children (STOP programme).

Decision 96/748/JHA Official Journal L 342, 31.12.1996

Council Joint Action of 16 December 1996 extending the mandate given to the Europol Drugs Unit to traffic in human beings.

Decision 97/154/JHA Official Journal L 63, 04.03.1997

Council Joint Action of 24 February 1997 concerning action to combat trafficking in human beings and the sexual exploitation of children.

Communications

Communication not published in the Official Journal

Communication from the Commission of 26 May 1999 on the implementation of measures to combat child sex tourism.

 

The implementation of measures to combat child sex tourism

The implementation of measures to combat child sex tourism

Outline of the Community (European Union) legislation about The implementation of measures to combat child sex tourism

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

The implementation of measures to combat child sex tourism

Document or Iniciative

Communication from the Commission of 26 May 1999 on the implementation of measures to combat child sex tourism.

Summary

In the wake of the 1996 Communication from the Commission on combating child sex tourism, the European Parliament adopted a resolution on this subject and the Tourism Council adopted a declaration in November 1997. In addition to the funding provided under existing Community policies, programmes and initiatives, a specific new budget line was set up to fund public awareness campaigns to combat child sex tourism.

In a general sense, the Commission has worked to improve coordination at EU level both within the Commission itself (through interdepartmental meetings) and through national information campaigns.

Raising awareness of the phenomenon of child sex tourism

A survey was carried out in 1998 to sound out the views of Europeans on child sex tourism. One of its findings was that an overwhelming majority of respondents wanted EU intervention to combat this scourge.

Since 1997, the Commission has taken part in various tourism events (the most important being the Brussels Travel Fair and the Internationale Tourismus-Börse in Berlin), where it has met tourism professionals and carried out surveys of their attitudes to child sex tourism. Further analyses will be carried out at other tourism events such as the World Travel Market in London in November 1999.

The Commission has also organised meetings at European level of the main players involved in the fight against child sex tourism, where the participants have discussed the identity, motivation and behaviour of sex tourists and the links between tourism and prostitution. As provided for in the 1998 Communication on further measures in the fight against trafficking in women, funding will be provided for research into the links between child sex tourism and the growth of trafficking in very young women. Studies on the public health implications of child sex tourism could also be carried out as part of other Community action programmes.

Of particular concern to the Commission is the rise in cases of sexual exploitation of children in the countries of central and eastern Europe and the existence of cross-border trafficking in child prostitutes into the EU. A detailed analysis of the situation will be carried out along with a list of the measures taken by the countries in question, with the aim of providing them with effective support.

Strengthening the effectiveness of laws and law enforcement, including extraterritorial criminal laws

The development of police and judicial cooperation in Europe has led to the adoption of a number of different instruments to combat trafficking in human beings:

  • The 1997 Joint Action on combating trafficking in human beings and sexual abuse of children stipulates that each Member State shall review its national legislation in these areas. Such behaviour should be classified as a criminal offence in all Member States and be punishable by dissuasive criminal penalties. The Joint Action affirms the principle of extraterritorial jurisdiction. Before the end of 1999, the Council is to undertake an examination of the changes Member States have made to their legislation.
  • An incentive and exchange programme (called STOP), with a budget of 6.5 million for the period 1996-2000 has been set up to assist persons responsible for combating trade in human beings and the sexual exploitation of children. The applicant countries could be involved in this programme.
  • The mandate of the Europol Drugs Unit was broadened at the end of 1996 to cover trafficking in human beings. At the end of 1998, a Council Decision was adopted supplementing the definition of trafficking in human beings contained in the Annex to the Europol Convention. The establishment of Europol on 1 July 1999 provides an opportunity for increased cooperation between the law enforcement authorities and for a comparison to be made of the reasons for success or failure on an operational level.
  • The DAPHNE initiative, launched in 1997, supports the activities of NGOs involved in combating all forms of violence against women and children. Measures have been funded under this initiative to combat child sex tourism and child pornography on the Internet. Further measures in this area could receive support under the Community action plan on promoting safer use of the Internet.

Intensifying efforts to stem the flow of sex tourists from Member States

To encourage people travelling abroad to behave responsibly, the coordination of national awareness-raising campaigns at European level has been stepped up. The European Commission has supported several projects (short information video shown on flights to high-risk destinations, information leaflets for travellers, training for tourism professionals), and at the end of 1998 organised the first European meeting of the main partners in the fight against child sex tourism. An exhibition on Community action in this field has been put together and displayed at various specialist events.

Action has also been taken in the area of initial and ongoing training for tourism professionals. Alongside this, media professionals have adopted rules of conduct on how the issue child sex tourism should be handled.

The tourism industry has adopted a dozen or so texts concerning ethical standards. At a technical meeting on measures to combat child sex tourism held in June 1997, the tourism industry and the Commission held an exchange of views. The Commission’s intention is to assess the implementation of these codes of conduct.

With a view to increasing the international impact of its initiatives, the Commission has started to work together with the World Tourism Organisation (WTO), particularly in the WTO’s Task Force entitled “Tourism and Child Prostitution Watch”. Cooperation could also be pursued with other organisations working in the field of child protection (UNICEF).

Developing measures to combat sex tourism in third countries

The EU has adopted a stance on child sex tourism in various international organisations (United Nations, International Labour Organisation, Asia-Europe (ASEM) Summit). In addition, the ACP-EU Joint Assembly adopted a resolution in 1999 on the situation of children in ACP countries.

Practical work has been done to rationalise methods of intervention and coordinate Community resources available for the protection of child victims of sex tourism. This next step in this work could be to identify ‘sensitive’ destinations, survey the situation there, and then draw up recommendations for action.

While no specific action has been taken in the area of support for human rights as it relates to child sex tourism, information and awareness-raising campaigns on this subject could be organised for the delegations, representations and external offices of the European Commission and, if necessary, for the consular and diplomatic staff of the Member States.

Follow-up work

On 21 December 1999 the Council adopted conclusions on the implementation of measures to combat child sex tourism [Official Journal C 379, 31.12.1999]. In agreement with the Commission Communication, it urges the Commission and the Member States to develop initiatives in the four areas of action outlined above. An integrated approach is necessary involving various policies (justice and home affairs, health, education, tourism, external policy, etc.).

As regards tourism, the Commission and the Member States are called upon to continue to support awareness-raising measures and the establishment of codes of conduct Efforts must be made to bring an end to child sex tourism from the Member States. Measures to combat this violation of the rights of the child must be incorporated in national and Community development and cooperation policies. Finally, close cooperation must be established between the Commission, the Member States and organisations concerned.

References

Act Entry into force and expiry date Deadline for transposition in the Member States Official Journal
COM(99) 262 final./TD>

Related Acts

Council framework Decisionof 22 December 2003 on combating the sexual exploitation of children and child pornography

of 29 May to combat child pornography on the Internet.

of 27 November 1996 on combating child sex tourism.

Combating trafficking in human beings

Combating trafficking in human beings

Outline of the Community (European Union) legislation about Combating trafficking in human beings

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against trafficking in human beings

Combating trafficking in human beings

This framework decision aims to approximate the laws and regulations of European Union (EU) countries in the field of police and judicial cooperation in criminal matters relating to the fight against trafficking in human beings. It also aims to introduce common framework provisions at European level in order to address issues such as criminalisation, penalties and other sanctions, aggravating circumstances, jurisdiction and extradition.

Document or Iniciative

Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings.

Summary

Since the adoption in 1997 of a joint action by the Council concerning action to combat trafficking in human beings and the sexual exploitation of children, a considerable number of initiatives have been developed at both national and regional levels. The Vienna Action Plan and the Tampere European Council called for additional provisions to further regulate certain aspects of criminal law and criminal procedure.

Moreover, in December 2000, at the signing conference in Palermo, Antonio Vitorino, a Member of the Commission acting on behalf of the Community, signed the United Nations Convention against Transnational Organised Crime and the two Protocols against trafficking in persons and the smuggling of migrants by land, air and sea.

With this framework decision, the Commission wishes to complement the existing instruments used to combat trafficking in human beings, including the:

  • French initiatives on facilitation of unauthorised entry, movement and residence relating to the smuggling of migrants (Directive 2002/90/EC and Framework Decision 2002/946/JHA);
  • STOP and Daphné action programmes;
  • European Judicial Network;
  • exchange of liaison magistrates.

The Commission takes the view that trafficking in human beings is a crime against the person with a view to the exploitation of that person.

Article 1 defines the concept of trafficking in human beings for the purpose of labour or sexual exploitation. EU countries must punish any form of recruitment, transportation, transfer or harbouring of a person who has been deprived of his/her fundamental rights. Thus, all criminal conduct that abuses the physical or mental vulnerability of a person will be punishable. The victim’s consent is irrelevant where the offender’s conduct is of a nature that would constitute exploitation within the meaning of the framework decision, that is, involving the:

  • use of coercion, force or threats, including abduction;
  • use of deceit or fraud;
  • abuse of authority or influence or the exercise of pressure;
  • offer of payment.

Instigating trafficking in human beings and being an accomplice or attempting to commit a crime will be punishable.

Penalties provided for by national legislation must be “effective, proportionate and dissuasive.” By setting the maximum penalty at no less than eight years of imprisonment, the Commission makes it possible to apply other legislative instruments already adopted for the purpose of enhancing police and judicial cooperation, such as Joint Action 98/699/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of the instrumentalities and the proceeds from crime and Joint Action 98/733/JHA on making it a criminal offence to participate in a criminal organisation. A custodial sentence will only be imposed in the circumstances where the:

  • victim’s life has been endangered;
  • victim was particularly vulnerable (for example, due to his/her age);
  • crime is committed within the framework of a criminal organisation as defined by Joint Action 98/733/JHA.

In addition, the framework decision introduces the concept of criminal and civil liability of legal persons in parallel with that of natural persons. Legal persons will be held liable for offences committed for their benefit by any person acting either individually or as part of the organ of the legal person, or who exercises a power of decision.

Penalties on legal persons will be “effective, proportionate and dissuasive”; they will include criminal or non-criminal fines and specific sanctions, such as a temporary or definitive ban on commercial activities, a judicial dissolution measure or the exclusion from public benefits or advantages.

Child victims of trafficking are entitled to special assistance, in accordance with Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings.

In order that the crime does not go unpunished because of a conflict of jurisdiction, the decision introduces criteria on jurisdiction. An EU country will have jurisdiction where the:

  • offence is committed on its territory (territoriality principle);
  • offender is a national (active personality principle);
  • offence is committed for the benefit of a legal person established in the territory of that EU country.

The second criterion is particularly important for countries that refuse to extradite their nationals, since they must take the necessary measures to prosecute their nationals for offences committed outside their territory.

This framework decision repeals Joint Action 97/154/JHA as regards combating trafficking in human beings.

The framework decision is applicable to Gibraltar.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2002/629/JHA

1.8.2002

1.8.2004

OJ L 203 of 1.8.2002

Related Acts

Report from the Commission to the Council and the European Parliament of 2 May 2006 based on Article 10 of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings [COM(2006) 187 final – Not published in the Official Journal].

Communication from the Commission to the European Parliament and the Council of 18 October 2005 – Fighting trafficking in human beings: an integrated approach and proposals for an action plan [COM(2005) 514 final – Not published in the Official Journal].
This communication aims to strengthen the commitment of the EU to preventing and combating trafficking in human beings. The Commission is seeking to further reinforce the commitment of the EU and its countries to preventing and combating trafficking in human beings committed for purposes of sexual or labour exploitation, and to protect, support and rehabilitate victims. It believes that trafficking in human beings cannot be effectively tackled unless an integrated approach is adopted, based on respect for human rights and taking into account the global nature of the problem. Such an approach calls for a coordinated policy response particularly in the areas of freedom, security and justice, external relations, development cooperation, employment, gender equality and non-discrimination.