Tag Archives: Trafficking in persons

Action plan on unaccompanied minors

Outline of the Community (European Union) legislation about Action plan on unaccompanied minors

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Human rights > Human rights in non-EU countries

Action plan on unaccompanied minors (2010-14)

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 6 May 2010 – Action Plan on Unaccompanied Minors (2010 – 2014) [COM(2010) 213 final – Not published in the Official Journal].

Summary

A significant number of unaccompanied minors arrive in the European Union (EU) each year. The term “unaccompanied minors” refers to non-EU country nationals or stateless persons who are below the age of eighteen and who arrive in an EU country unaccompanied by a responsible adult or who are left unaccompanied after having entered an EU country.

Although EU legislative and financial instruments on asylum, immigration and trafficking in human beings address, either directly or indirectly, the situation of unaccompanied minors, greater coherence and better cooperation is needed within the EU as well as with countries of origin and transit. In order for the EU and its countries to respond more effectively, a common approach needs to be established that respects the rights of the child provided by the EU Charter of Fundamental Rights and the United Nations Convention on the Rights of the Child (UNCRC) and that is based on solidarity between the relevant countries and cooperation with civil society and international organisations.

This action plan identifies several problems and presents a number of solutions relating to the situation of unaccompanied minors. It acknowledges the lack of data on these minors and sets out three main strands for action: prevention, protection and durable solutions.

Data on unaccompanied minors

Comprehensive, reliable and comparable data is paramount to properly assessing and finding appropriate solutions to the situation of unaccompanied minors. Currently, the regulation on statistics on migration requires EU countries to only provide data on unaccompanied minors applying for international protection. This limitation needs to be overcome to obtain harmonised and complete statistics on all unaccompanied minors.

The information and data exchanges between EU countries should be improved with the help of existing agencies and networks, such as the European Migration Network and the European Asylum Support Office. Cooperation with countries of origin and transit should also be improved. To this end, the gathering of information on migration routes and criminal networks is essential. The systematic inclusion of this information in the migration profiles of the countries concerned should also be promoted. Both Frontex and Europol are already active in their respective fields; however, their roles with regard to data collection and analysis should be further reinforced.

Main strands of action

To effectively deal with the issue of unaccompanied minors, the first action must consist of preventing the unsafe migration and trafficking of children. In this context, consideration must be given to the different reasons the minors leave their country/region of origin and come to the EU. Therefore, central to the preventive work is collaboration with countries of origin and transit as well as with civil society and international organisations. Prevention involves four principal areas:

addressing the issue of migration of unaccompanied minors in other policy fields, such as development cooperation, poverty reduction, education, health and human rights;
promoting awareness-raising activities and training relating to early identification and protection of victims targeted at those who are or will be in contact with children in the countries of origin and transit;
promoting awareness-raising activities on the risks relating to irregular migration targeted at children and their families;
supporting the development of comprehensive child protection systems and birth registration systems.

EU and national external cooperation instruments should be used to support activities in these areas. At the same time, it is essential that protection programmes close to countries of origin continue to be financed.

Upon detection at the border or on the territory of the EU, an unaccompanied minor must be placed under appropriate protection. While provisions on reinforced protection are included in the relevant EU migration instruments, they are context-specific and do not provide the same standards of reception and assistance. The appointment of a representative for an unaccompanied minor should be guaranteed. It is also paramount to separate minors from adults to prevent (re)victimisation. In addition, minors should be provided with appropriate accommodation; detention should only be used in exceptional cases.

Early profiling of the type of minor, building trust and the use of measures provided by EU legislation are important for:

identifying the minor, assessing his/her age and tracing his/her family;
preventing the minor’s disappearance form care;
identifying/prosecuting the traffickers/smugglers.

In order to find durable solutions, each case should be assessed individually, keeping in mind the best interests of the child. An unaccompanied minor may either be:

returned and reintegrated in his/her country of origin, with priority given to voluntary return, in full respect of the safeguards provided by the “Return Directive”;
granted an international protection or other legal status and integrated in the host country;
resettled to an EU country.

Preventing and combating trafficking in human beings

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Preventing and combating trafficking in human beings

Outline of the Community (European Union) legislation about Preventing and 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

Preventing and combating trafficking in human beings

Document or Iniciative

Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA [OJ L 101 of 15.4.2011].

Summary

Trafficking in human beings is globally considered to be one of the most serious of criminal offences. It constitutes a violation against human rights and is a modern form of slavery. The new Directive adopted by the European Union (EU) defines the minimum common rules for identifying and sanctioning offences of trafficking in human beings.

Definitions

The following are considered as punishable acts: the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, for the purpose of exploitation.

Exploitation shall include, as a minimum:

exploitation for prostitution or other forms of sexual exploitation;
forced labour or services (including begging, slavery or practices similar to slavery, servitude, exploitation for criminal activities, or the removal of organs).

Exploitation exists when a constraint has been exerted on a person (by means of threat or use of force, abduction, fraud, deception, etc.), whether or not the victim has given his/her consent.

When the victim is a child (a person below 18 years of age), these acts of exploitation are automatically deemed to be an offence of trafficking in human beings, even if none of the means of constraint set forth in the paragraph above has been used.

Penalties

Incitement to undertake trafficking in human beings, as well as the aiding and abetting, and attempt to do so shall be punishable.

The Directive sets the maximum penalty for these offences to at least five years of imprisonment and to at least ten years when the following aggravating circumstances can be identified:

the offence was committed against a victim who was particularly vulnerable (children always come under this category);
the offence was committed within the framework of a criminal organisation;
the offence deliberately or by gross negligence endangered the life of the victim;
the offence was committed by use of serious violence or has caused particularly serious harm to the victim.

Legal persons can also be held liable if the offences are committed for their benefit by a person who has a leading position. The same applies if a lack of supervision or control on the part of this person enabled another person placed under his/her authority to commit these offences.

Penalties against legal persons include criminal and non-criminal fines, and other sanctions such as placing them under judicial supervision, or judicial winding-up.

Member States may decide not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit.

With regard to the prosecution of offenders, the Directive provides for the possibility for Member States to prosecute their nationals for offences committed in another EU country and to use the same means of investigation as usually used for combating organised crime, such as phone tapping.

Assistance, support and protection for victims

Member States must ensure that assistance and support are provided to victims before, during and after criminal proceedings in order to enable them to exercise the rights conferred upon them by the standing of victims in criminal proceedings. In particular, this support may consist of the provision of accommodation, medical treatment including psychological assistance, as well as information, and interpretation and translation services, if necessary. As particularly vulnerable victims, children must receive additional measures such as physical and psycho-social assistance, access to education, and, where appropriate, the option to appoint a guardian or a representative.

During the investigation and criminal proceedings, victims must receive appropriate protection including access to legal counselling and representation, free of charge if necessary, and access to a witness protection programme, where appropriate. Any further trauma to the victim should be avoided, for example by sparing him/her any contact with the accused. Children must benefit from specific measures, particularly concerning the conditions of their hearings. Specifically, they will be interviewed without delay, in adapted premises, and by professionals trained for that purpose.

Victims of trafficking in human beings must have access to compensation for victims of violent crimes of intent.

Prevention

In order to prevent trafficking in human beings, the Directive requests that Member States:

discourage demand through education and training;
lead information and awareness-raising campaigns;
train the officials likely to come into contact with victims of trafficking;
take the necessary measures to establish as a criminal offence the use of services, sexual or other, of a person who is a victim of trafficking.

The position of a European anti-trafficking Coordinator is established in order to ensure a consistent approach to combating this phenomenon in the EU.

Denmark is not taking part in the adoption of this Directive.

Context

Trafficking in human beings is explicitly prohibited by the Charter of Fundamental Rights of the European Union and the EU has made combating this phenomenon one of the priorities of the Stockholm Programme.

This new Directive replaces Framework Decision 2002/629/JHA on combating trafficking in human beings. It adopts a wider definition of this phenomenon by including other forms of exploitation.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2011/36/EU	15.4.2011	6.4.2013	OJ L 101 of 15.4.2011

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The EU strategy towards the Eradication of Trafficking in Human Beings 2012-2016 [COM(2012) 286 final – Not published in the Official Journal].
The Communication presents a strategy designed to focus on concrete measures that will support the transposition and implementation of Directive 2011/36/EU, bring added value and complement the work done by governments, international organisations and civil society both in EU and non-EU countries. The strategy identifies the following five priorities for the EU to focus on:

identifying, protecting and assisting victims of trafficking;
stepping up the prevention of trafficking in human beings;
increased prosecution of traffickers;
enhanced coordination and cooperation among key actors and policy coherence;
increased knowledge of and effective response to emerging concerns related to all forms of trafficking in human beings.

Within the above priorities, the Communication outlines a number of actions which the European Commission proposes to implement over the next five years, alongside EU countries, European External Action Service, EU institutions, EU agencies, international organisations, non-EU countries civil society and the private sector.

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

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

Group of Experts on Trafficking in Human Beings

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Group of Experts on Trafficking in Human Beings

Outline of the Community (European Union) legislation about Group of Experts on 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

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

Plan on best practices, standards and procedures

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Plan on best practices, standards and procedures

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

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

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.

Combating trafficking in human beings

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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.

Protocol against the Smuggling of Migrants by Land, Air and Sea

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Protocol against the Smuggling of Migrants by Land, Air and Sea

Outline of the Community (European Union) legislation about Protocol against the Smuggling of Migrants by Land, Air and Sea

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

Protocol against the Smuggling of Migrants by Land, Air and Sea

Document or Iniciative

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.

Summary

The purpose of this Protocol to the United Nations Convention against organised crime is to prevent and combat the smuggling of migrants, and to promote cooperation between States in this area.

The signatory States must establish the following acts as criminal offences when committed with the aim of obtaining a financial or material benefit:

the smuggling of migrants, that is, procuring the illegal entry of a person into a State of which he is not a national or a permanent resident;
producing fraudulent travel or identity documents;
the use of a document by a person other than the rightful holder;
procuring, providing or possessing fraudulent documents;
enabling a person to remain in a country without complying with the necessary requirements.

Endangering the lives or safety of migrants, and inflicting inhuman or degrading treatment must be considered as aggravating circumstances. In addition, victims of the smuggling of migrants shall not be liable to criminal prosecution.

The Protocol shall apply to the prevention, investigation and prosecution of these offences where they are transnational in nature and where an organised criminal group is involved, as well as to the protection of the rights of the victims of these offences.

Measures against the smuggling of migrants by sea

If a State suspects that a ship without nationality is smuggling migrants, it can board and search the vessel.

If a State suspects that a ship with a foreign registration is smuggling migrants, it notifies the flag State and requests confirmation of registry and authorisation to take appropriate measures. The flag State must respond promptly to such a request. If the suspicions prove to be justified, the requesting State can board and search the vessel, and then take appropriate measures with respect to the vessel and the persons and cargo on board. They must also check the safety and the humane treatment of the persons on board. If no imminent danger is found, no additional measures can be taken without the express authorisation of the flag State.

Only ships clearly marked as being on government service are authorised to board and search vessels.

International cooperation

The States Parties will work towards strengthening their borders and are entitled to deny entry to persons implicated in the smuggling of migrants.

Countries with common borders or lying on routes used by criminal groups are required to exchange certain information such as that relating to the embarkation and destination points used by the traffickers, the routes and modes of transportation used and the methods of concealment of migrants, etc.

Immigration officials and other competent agents shall be trained in preventing the smuggling of migrants, in the humane treatment of such persons and in protecting their rights. To this end, the States shall cooperate with each other and with international organisations, non-governmental organisations and other competent organisations, as well as with other elements of civil society to ensure that there is adequate personnel training.

Furthermore, States with relevant expertise and appropriate technical resources should help States that are frequently countries of origin or transit for migrants.

Prevention, protection, assistance and return

The States will provide public awareness-raising campaigns and promote development programmes and cooperation on the regional, national and international level to combat the root socio-economic causes of this traffic, notably poverty and underdevelopment.

Furthermore, the States must take measures to protect the rights of migrants who are victims of smuggling, taking into account the special needs of women and children. They must provide appropriate protection against violence that may be inflicted upon them and appropriate assistance to migrants whose lives or safety are endangered by the fact that they have been the object of smuggling.

Lastly, and without prejudice to any right afforded to persons who have been the object of smuggling by any domestic law of the receiving State, the States party to the Protocol agree to facilitate the return of their citizens and persons who have the right of permanent residence in its territory and who have been the object of smuggling. The States shall take all appropriate measures to carry out the return in an orderly manner and with due regard for the safety and dignity of the person.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decisions 2006/616/EC and 2006/617/EC	24.7.2006	–	OJ L 262 of 22.9.2006

Related Acts

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 [Official Journal L 262 of 22.9.2006].

This Protocol aims at preventing and combating trafficking in persons, especially women and children, and at protecting and helping the victims. It promotes international cooperation in order to achieve these aims.

Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities [Official Journal L 261 of 6.8.2004].

Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence [Official Journal L 328 of 05.12.02].

Council 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 [Official Journal L 328 of 05.12.02].