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The European Parliament ,
– having regard to the Charter of Fundamental
Rights of the European Union, particularly Articles 1, 3, 4, 5 and 6
thereof,
– having regard to the 1948 Universal
Declaration of Human Rights, especially Articles 4 and 5 thereof, affirming
that the slave trade shall be prohibited in all its forms,
– having regard to the 1949 United Nations
Convention for the Suppression of the Traffic in Persons and of the
Exploitation of the Prostitution of Others,
– having regard to the 1989 UN Convention on the
Rights of the Child, particularly Articles 1, 7, 32, 34 and 35 thereof, and
to the 2000 Optional Protocol to the Convention on the Rights of the Child,
on the sale of children, child prostitution and child pornography, in
particular Article 3 thereof,
– having regard to the 1979 UN Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW),
particularly Articles 5 and 6 thereof,
– having regard to the 2000 UN Palermo Protocol
to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the UN Convention against Transnational
Organized Crime,
– having regard to International Labour
Organization Conventions No 29 concerning forced or compulsory labour
(1930) and No 182, adopted by the ILO General Conference at its 87th
session (1999), concerning the prohibition and immediate action for the
elimination of the worst forms of child labour,
– having regard to the Fourth World Conference
on Women held in Beijing in September 1995, the Declaration and Platform
for Action adopted in Beijing and the subsequent outcome documents adopted
at the United Nations Beijing +5 and Beijing +10 Special Session on further
actions and initiatives to implement the Beijing Declaration and Platform
for Action, adopted on 9 June 2000 and 11 March 2005 respectively,
– having regard to the 1997 European Convention
on Human Rights and Biomedicine and Article 22 of the 2002 Additional
Protocol thereto on Transplantation of Organs and Tissues of Human Origin,
– having regard to the UNICEF Guidelines on
Protection of the Rights of Child Victims of Trafficking (2003) and the
Reference Guide on Protecting the Rights of Child Victims of Trafficking in
Europe (2006),
– having regard to the 2005 Council of Europe
Convention on Action against Trafficking in Human Beings,
– having regard to the Council of Europe
Organised Crime Situation Report 2005,
– having regard to Council of Europe
Recommendation 1611/2003 on trafficking in organs in Europe,
– having regard to the Brussels Declaration on
Preventing and Combating Trafficking in Human Beings, adopted on 20
September 2002,
– having regard to Council Framework Decision
2002/629/JHA of 19 July 2002 on combating trafficking in human beings,
– having regard to 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(1) ,
– having regard to the report from the
Commission to the Council and the European Parliament based on Article 10
of the Council Framework Decision of 19 July 2002 on combating trafficking
in human beings (COM(2006)0187),
– having regard to the Commission communication
of 18 October 2005 entitled "Fighting trafficking in human beings – an
integrated approach and proposals for an action plan" (COM(2005)0514),
– having regard to the Commission working
document entitled "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)0657
final),
– having regard to the Commission proposal for a
Council framework decision on preventing and combating trafficking in human
beings, and protecting victims, repealing Framework Decision 2002/629/JHA (COM(2009)0136
final),
– having regard to the Roadmap for equality
between women and men: 2006-2010 (COM(2006)0092),
particularly the priority action aimed at eradicating gender-based violence
and trafficking,
– having regard to the Stockholm Programme on an
area of freedom, security and justice serving the citizen,
– having regard to the October 2009 Brussels
Declaration on trafficking in human beings,
– having regard to Europol's 2009 reports on
trafficking in human beings,
– having regard to the July 2009 report of the
European Union Agency for Fundamental Rights on child trafficking in the
European Union,
– having regard to the United Nations Office on
Drugs and Crime (UNODC) Global Report on Trafficking in Persons, of
February 2009,
– having regard to the report of 6 February 2009
by the UN Special Rapporteur on the human rights aspects of the victims of
trafficking in persons, especially women and children, and the
recommendations contained therein,
– having regard to the US Department of State
Trafficking in Persons Report of June 2009,
– having regard to its resolutions on this
subject(2) ,
– having regard to the oral questions to the
Commission on preventing trafficking in human beings and protecting victims
(O-0148/2009
– B7-0341/2009, O-0149/2009
– B7-0342/2009),
– having regard to Rules 115(5) and 110(2) of
its Rules of Procedure,
A. whereas trafficking in human beings is a
modern form of slavery, a serious crime and a severe violation of
fundamental human rights and reduces people to a state of dependency via
threats, violence and humiliation,
B. whereas trafficking in human beings is an
extremely profitable business for organised crime, with high profit
possibilities and limited risk-taking,
C. whereas trafficking takes many forms,
relating for example to sexual exploitation, forced labour, illegal trade
in human organs, begging, illegal adoptions and domestic work,
D. whereas Europol's assessment for 2009 is that
trafficking of women for sexual exploitation has not decreased and
trafficking for forced labour is increasing,
E. whereas the UNODC, in its Global Report on
Trafficking in Persons, records sexual exploitation as the most commonly
identified form of human trafficking, followed by forced labour, and has
also noted that 79% of the identified victims of trafficking are women and
girls,
F. whereas mail-order brides can be trapped into
an environment of slavery, becoming victims of sexual exploitation, forced
labour, domestic work and other forms of trafficking in human beings,
G. whereas children are particularly vulnerable
and thus at greater risk of becoming victims of trafficking in human
beings,
H. whereas the financial and economic crisis may
lead to increased trafficking in human beings, exploiting the need of
potential victims to find a decent job and escape poverty,
I. whereas the extent and severity of this
problem are alarming:
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Europol's 2009 report on trafficking in human beings in the
European Union shows that this is a business worth many millions of
euros/dollars a year;
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based on the available figures, it is reasonable to estimate
that several hundred thousand people are trafficked into or within the EU
every year;
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in 2008 Eurojust opened 83 cases of trafficking in human
beings, representing an increase of more then 10% in comparison with 2007
(71 cases),
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J. whereas the EU legal framework on trafficking
in human beings is currently based mainly on:
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Framework Decision 2002/629/JHA of 19 July 2002 on combating
trafficking in human beings, which aims to ensure a minimum degree of
harmonisation of national legislation;
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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,
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K. whereas experience shows that this legal
framework is neither sufficiently effective nor implemented adequately, and
that the EU must consequently take stronger action,
L. whereas in March 2009 the Commission
presented a proposal for a framework decision on preventing and combating
trafficking in human beings and protecting victims, repealing Framework
Decision 2002/629/JHA COM(2009)0136
final, with the aim of strengthening the current framework decision through
tougher sanctions, better protection of victims and active preventive
measures,
M. whereas, despite the efforts of the Swedish
Presidency, the text was not adopted, and whereas a proposal for a new
legal instrument under the Treaty of Lisbon legal framework is likely to be
tabled in the near future,
N. whereas the Treaty of Lisbon will strengthen
EU action in the field of judicial and police cooperation in criminal
matters, including in combating trafficking in human beings, and
Parliament, as co-legislator, will have a full role to play here,
O. whereas action against trafficking in human
beings cannot be limited to legislative instruments but also needs to
include non-legislative efforts, in particular evaluation of the
implementation of adopted measures, information gathering and sharing,
cooperation and partnership-building and the sharing of best practices,
P. whereas it is crucial to involve civil
society organisations active in the field from the outset and at every
stage: from identification through to the provision of assistance to
victims, including in the legislative process,
Q. whereas currently there is no precise data on
this phenomenon and the available figures appear to underestimate its real
scope, as it is a form of crime that takes place underground and is often
undetected or wrongly identified; whereas more research must be done on how
trafficking takes place, who commits it, how demand drives the supply of
services from victims and who falls victim to it and why, and on ways to
discourage demand; whereas cooperation and exchanges of information between
the Member States and third countries need to be stepped up,
R. whereas future action must start with an
integrated approach, bringing together prevention and repression as well as
protection, support and assistance for victims, and including enhanced
cooperation among all stakeholders,
S. whereas if the demand from potential buyers
of the services and products supplied by victims of trafficking is reduced,
thereby also reducing profits from trafficking in human beings, the supply
of such services and goods by victims will in turn decrease,
T. whereas the social integration of potential
victims has an indirect preventive effect, helping to stop them being
re-victimised or even becoming potential traffickers,
U. whereas cooperation and partnership between
the EU, the Council of Europe, the UN and third countries – and in
particular with countries of origin of trafficked persons and with the
United States, as a commonly recognised country of destination – is crucial
in order to protect fundamental rights and to combat trafficking effectively,
V. whereas, in the establishment and subsequent
implementation of policies and measures relating to trafficking in human
beings, attention must be paid to securing such an outcome without
discrimination on any ground such as nationality, race, colour, sex,
religion, political or other views, social background or other status,
General
1. Calls on the Council and the Commission:
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to develop action against trafficking in human beings on the
basis of a holistic approach centred on human rights and focusing on
combating trafficking, prevention, and protection of victims;
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to adopt a victim-focused approach, meaning that all
potential categories of victim must be identified, targeted and
protected, with special attention being given to children and other
at-risk groups;
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to establish, under the supervision of the Commissioner for
Justice, Fundamental Rights and Citizenship, an EU anti-trafficking
coordinator to coordinate EU action and policies in this field –
including the activities of the network of national rapporteurs – and
reporting to both the EP and the Standing Committee on Operational
Cooperation on Internal Security (COSI);
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to ensure that the fight against trafficking in human beings
stays high on their agenda during times of economic and financial crisis,
for instance when preparing recovery plans;
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to ensure that policies on trafficking in human beings cover
aspects linked to social affairs and social inclusion, and to insist on
appropriate programmes and effective methods of ensuring social
rehabilitation of victims, including measures relating to the labour
market and the social security system;
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to give due attention to the external relations dimension of
trafficking in human beings and the dimensions of immigration, asylum and
reintegration policies;
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to run information and awareness campaigns through the
education and school system in the countries of origin, transit and
destination for trafficking;
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to make the best interests of children a primary
consideration in all action against trafficking, in accordance with the
1989 UN Convention on the Rights of the Child;
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to approach all policies, strategies and measures against
trafficking from a gender perspective;
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to strengthen coordination and cooperation with the European
Union Agency for Fundamental Rights and the European Union Institute for
Gender Equality;
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to establish and step up ongoing cooperation with NGOs
working in this field;
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to establish a permanent platform at EU level, grouping the
efforts of EU institutions, agencies and institutes, of police, customs
services, procurement offices and law enforcement bodies at regional and
national level in the Member States, and of international organisations
and NGOs;
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2. Calls on those Member States that have not yet
done so to ratify and implement the 2005 Council of Europe Convention on
Action against Trafficking in Human Beings;
Information gathering
3. Calls on the Council and the Commission, in
order to obtain as much information as possible, to take action with a view
to:
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the annual publication of a joint report by Eurojust,
Europol and Frontex, to be presented to the EP and the national
parliaments as well as the Commission and the Council. This joint report,
the presentation of which should be followed by a public hearing with NGOs
and civil society so that they can add their expertise, should promote
work towards a better understanding of:
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root causes;
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factors in countries of origin and destination that
facilitate trafficking in human beings;
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current trends with regard to victims, traffickers, users
and criminal networks and their modus operandi;
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travel routes, local circumstances in destination
countries that are conducive to use of the services performed by
trafficked human beings, and different forms of exploitation (sexual
exploitation, labour exploitation, organ trafficking, child
trafficking, including for the purpose of exploitation by travelling
sex offenders, the production of abusive sexual images of children, and
other forms of exploitation that are adjacent to trafficking in human
beings but do not fall explicitly within the definition thereof, such
as begging and petty crime);
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developing a common EU template for the collection and
collation of data relating to all aspects of trafficking in human
beings, including age and gender, to be used in both the Member States
and third countries, while complying with relevant legislation on data
protection and the rights of the data subject;
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establishing, in line with Article 70 of the Treaty on the
Functioning of the European Union, an objective and impartial annual
evaluation system with specific regard to the implementation of EU
policies on trafficking in human beings, the EP and the national parliaments
to be kept fully informed;
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the evaluation of information and awareness-raising
campaigns to be carried out and developed in both the Member States and
third countries;
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Prevention
4. Welcomes the suggested provision on prevention
set out in the Commission's proposal and calls for further action to be
taken;
5. Stresses that further legislative and
non-legislative measures, including educational, social, cultural and
administrative measures as well as awareness campaigns aimed at the general
public, should be adopted and strengthened by the Member States in order to
reduce the demand for services performed by trafficked persons;
6. Calls for massive information and
awareness-raising campaigns to be carried out and developed, both in the
Member States and in third countries which have been shown to be departure
or stopover points for trafficking, targeting both potential victims of
trafficking and potential buyers of services from trafficked persons;
7. Calls on the Member States to develop targeted
awareness-raising education programmes designed to draw children's
attention to traps that can easily lead to trafficking;
Prosecution
8. Calls for an exhaustive and comprehensive
legal framework, including policies to counter cybercrime connected to
trafficking, to be adopted as soon as possible;
9. Calls for the Commission and the Member States
to take into account the following elements in drafting any future proposal
for a legislative instrument in this field:
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the level of penalties and sanctions for those – including
legal persons – who profit from trafficking in human beings should
reflect the seriousness of the crime and have a dissuasive effect, and trafficking
in children should be particularly severely punished;
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b.
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further action should focus on victims" protection –
with due consideration for the situation of children and women – by,
inter alia, ensuring that assistance to victims is unconditional, that a
victim's consent to exploitation is always irrelevant and that victims
are entitled to assistance irrespective of their willingness to cooperate
in criminal proceedings;
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further prevention and action could also focus on the users
of services supplied by trafficked people;
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due attention should be paid to the need for
extraterritorial jurisdiction for trafficking-related offences, with
regard to both EU nationals and residents;
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any provision on jurisdiction should be coordinated with the
draft framework decision on prevention and settlement of conflicts of
exercise of jurisdiction in criminal proceedings;
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10. Calls on the Member States and the national
parliaments – given that legislation has no effect if it is not correctly
implemented – to implement in full the EU policies on trafficking in human
beings at national level and to ratify and implement other legal
instruments in this field as soon as possible;
11. Calls on the Council, the Commission and the
Member States to take action to improve coordination at operational level
between EU bodies such as Eurojust and Europol;
12. Draws attention to the positive results
achieved by joint investigation teams and calls on the Member States to
make wider use of this tool;
13. Underlines the importance of providing
assistance and support for victims of trafficking, and, furthermore, calls
on Frontex and national border-control agencies, in the course of their
activities, to define common practices in order to raise their staff's
awareness of the issue of trafficking and to identify victims of
trafficking and ensure their protection;
14. Calls, given that repression cannot be
limited to the confines of the EU, for comprehensive agreements – including
provisions on respect for fundamental rights – to be concluded with third
countries and for the establishment of cooperation, subject to strict
rules, with those countries;
Protection, support and assistance for victims
15. Calls for protection and support for victims
to be a priority in EU actions in this field, and for victims to receive
all possible help from the moment they are identified as such, including:
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access to at least a temporary residence permit, irrespective
of their willingness to cooperate in criminal proceedings, and simplified
access to the labour market, including the provision of training and
other forms of upskilling, as a minimum on the basis of Directive
2004/81/EC;
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access to appropriate secure accommodation and specialist
support services, including the provision of a food/subsistence
allowance, access to emergency medical treatment, access to counselling
services, translation and interpretation where appropriate, help
contacting family and friends, and access to education for children;
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a simplified family reunification policy for victims,
particularly where this is required for their protection;
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16. Draws attention to particularly vulnerable
victims, such as children and women, and calls for specific assistance and
protection programmes for them;
17. Stresses that victims of trafficking should
receive the broadest possible protection, support and assistance, including
where they have been trafficked outside the EU rather than to or within it;
18. Calls for victims to be given professional
help, including free legal aid (which is essential to enable them to escape
the situation of coercion in which they find themselves), bearing in mind
that they lack financial means and would thus be unable to pay for such
assistance;
o
o o
19. Instructs its President to forward this
resolution to the Council, the Commission, the governments and national
parliaments of the Member States and the Council of Europe.
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(1)
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OJ L 261, 6.8.2004, pp. 19-23.
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(2)
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European Parliament resolution of 17 January 2006 on
strategies to prevent the trafficking of women and children who are
vulnerable to sexual exploitation; European Parliament recommendation
to the Council on fighting trafficking in human beings – an integrated
approach and proposals for an action plan (2006/2078(INI)).
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Document
stages in plenary
European
Parliament resolution of 10 February 2010 on preventing trafficking in
human beings