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International Seminar on Trafficking and Sexual
Exploitation
Lisbon, 21 November 2006
Trafficking in human beings is a criminal activity and a
violation of the human rights enshrined in the European Charter of
Fundamental Rights. Trafficked persons are affected in their
physical integrity and health; sometimes even their life is at risk.
This is the reason why trafficking is considered a modern form of
slavery.
The Framework Decision of 19 July 2002 provides a definition of
trafficking.
(a) use is made of coercion, force or threat, including
abduction, or (b) use is made of deceit or fraud, or (c) there is an
abuse of authority or of a position of vulnerability, which is such
that the person has no real and acceptable alternative but to submit
to the abuse involved, or (d) payments or benefits are given or
received to achieve the consent of a person having control over
another person
-for the purpose of exploitation of that person's labour or
services, including at least forced or compulsory labour or
services, slavery or practices similar to slavery or servitude,
or
- for the purpose of the exploitation of the prostitution of
others or other forms of sexual exploitation, including in
pornography.
The majority of the MS have now passed penal legislation that
complies with this definition.
This is going to help the EU to cope more efficiently with this
complex phenomenon, which is one of the most lucrative activities
for international organized crime. 12 billions dollars are the
estimated proceeds obtained from trafficking; at least a half of
them are believed to derive from sexual exploitation.
Although trafficking is very often connected with smuggling,
there is a substantial difference between trafficking and smuggling.
In the case of smuggling, the whole process is over when the person
involved pays the requested fee, and enters the territory of another
State. On the contrary, when trafficking occurs, after the transfer
the worst part of the process starts, which implies severe forms of
violence, abuse and exploitation for an unlimited period of time.
For many people, mostly women and children, life becomes hellish.
They are isolated from their family and social environment, deprived
of freedom of movement and freedom of choice, very often subject to
acts of violence comparable to torture, compelled to work in unsafe
and coercive conditions.
The fight against trafficking is a clear political priority. It
is a complex and specific phenomenon. In some cases there is
trafficking of citizens of Member States, especially in case of
sexual exploitation. Moreover, in the trafficking process there is
always a person whose fundamental rights have been violated. In the
trafficking process, there is always a victim.
For this reason, assistance and protection of victim's rights
must be at the centre of our political action. It is essential that
the Member States accelerate the implementation of the Directive
2004/81. The transposition deadline expired on 6 August 2006 and as
I announced last week in Strasbourg – since we got no notification
by 12 Member States and only two notified full transposition – we
are going to launch infringement procedures.
The 2004 Directive on the residence permit for victims of
trafficking (that Member States can extend to persons that were
smuggled into the EU) states that Member States shall grant a
reflection period to victims, allowing them to recover and take an
informed decision about their co-operation in future criminal
proceedings. During this period, no expulsion order can be enforced
against them. After that, they are granted a residence permit of at
least six months on condition that they co-operate with law
enforcement authorities. During the reflection period and the term
of validity of the residence permit they receive assistance and
support.
Although a person subject to trafficking is a victim, and not a
mere instrument to be used by investigators, the trafficked person
is an important source of evidence, which is essential, and often
enough the only reliable source of information, to ensure effective
prosecution.
I also want to mention the 2005 Council of Europe Convention on
trafficking, that a number of Member States so far have signed. This
is an instrument which heightens the standards of victims'
assistance and protection measures, in the sense that these are not
limited only to victims who cooperate, but also provides for
"humanitarian permits".
National best practices show that when victims have been
sheltered, assisted and reassured about their residence status, in
the large majority of the cases they are ready and willing to
testify. The directive allows doing so.
I want to be clear: we want to eradicate trafficking. The
achievement of this objective requires a joint effort and a close
co-operation of all the actors involved in preventing and combating
trafficking: governments, local institutions, law enforcement,
prosecutors, judges, International Organizations, NGOs and civil
society.
Over the past years our knowledge has become more precise and
comprehensive, thanks to the excellent work of many agencies and
bodies, including the Expert Group appointed by the European
Commission. We are now focusing on indicators to assess the impact
of measures taken and on different aspects of trafficking such as
forced labour and domestic servitude and all forms of child
trafficking.
In particular, trafficking for the purpose of sexual exploitation
remains important. It is believed that more than 80 percent of all
the victims of trafficking are women and girls, and that 70 percent
of them were forced into sexual servitude. Mainly girls are
exploited every year in the multi-billion dollar sex industry, one
third of all girls are subject to coercive sexual relations, one
fifth is victim of forced marriages and close to a million were
infected last year with HIV because of their exploitation.
In accordance with the Framework Decision of 2003 on combating
the sexual exploitation of children and child pornography,
children's rights must be at the core of the strategy against
trafficking. Special attention must be paid to any action aimed at
favouring integration into society of boys and girls that have been
trafficked for sexual exploitation.
Forced prostitution may occur everywhere. EU MS have adopted
different approaches concerning legislation on prostitution. Also in
this respect trafficking must be considered a priority.
The fight against trafficking for sexual exploitation is already
in the agenda of the Commission, and of Member State governments and
public institutions. However, we cannot be satisfied. Too many
women, girls, young boys are still not identified as victims of
trafficking and are still not protected.
On the prosecution I have to note that very often charges against
criminals are very weak, focusing on simple exploitation of
prostitution instead of the charge of reduction to slavery
conditions. I hope that in the future thee will be more awareness on
the importance of the problem also on the judicial side.
Regarding initiatives aimed at discouraging the demand and
implementing the Framework Decision on combating the sexual
exploitation of children, I will promote a consultation of the
Member States, aimed at evaluating the possible effects of new
improved legislation.
The Commission is committed to a comprehensive anti-trafficking
strategy.
The 2007 budget foreseen for projects in the field of prevention
and fight against crime in specific areas including trafficking,
amounts to 9,5 million Euro. In addition, co-funding in partnership
with public bodies is available, aimed at developing relevant
knowledge and tools to measure crime, victimisation and criminal
justice, regarding a number of serious crimes including trafficking.
A specific budget of 200.000 Euro is to support help lines providing
assistance for trafficked persons, especially in view of the
creation of an EU wide help line.
Many initiatives are underway:
The EU Action Plan of 1st December 2005 includes a comprehensive
list of actions aimed at co-ordinating EU action, scoping the
problem, preventing trafficking, reducing demand, investigating and
prosecuting, protecting and supporting victims of trafficking,
returns and reintegration and external relations.
International cooperation in the field of investigation and
prosecution. In particular, EUROPOL is developing a permanent
network among national police forces. In this context, a Contact
Manual was issued in October.
The Commission is carrying on the evaluation of the 2002 Council
Framework Decision on Combating Trafficking in Human Beings. In
particular, a Report from the Commission was issued in May 2006.
My services will shortly issue a Questionnaire concerning
legislative and other measures taken by the Member States to
counteract different forms of trafficking. The Questionnaire will
include a chapter specifically dealing with trafficking for the
purpose of sexual exploitation.
The Commission is trying to bring together different skills and
the Expert Group on Trafficking in Human Beings will have to
incorporate them.
In the near future, the Commission will host a seminar to address
root causes of trafficking, such as poverty, social exclusion and
gender inequalities. The seminar will gather information and share
best practice, and could lead to development of indicators in this
field.
The Council and the Commission will develop campaign materials in
cooperation with relevant NGOs, addressing different targeted
groups. Awareness raising and information campaign is needed, aimed
at sensitizing on a regular basis public opinion about the risks
deriving from criminal networks of traffickers, and promoting
solidarity towards victims.
In this context, the Commission is supporting the creation of an
EU Anti-Trafficking Day in 2007. The day aims at increasing the
visibility of the problems connected with trafficking and the
measures taken to counteract it, calling for co-operation from
public institutions and civil society, evaluating the quality and
the results of all the actions underway. | 
