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Link to Full Article:
EU - STEPPING UP THE FIGHT AGAINST HUMAN TRAFFICKING IN EUROPE
13-12-2010 - Every year several hundred
thousand people are believed to be trafficked into the EU or within the Union
itself. To come to terms with this serious crime and gross violation of human
rights, members of the Civil Liberties' and Women's Rights committees on 29
November backed an agreement with European governments on new tougher rules.
The whole European Parliament will now debate and vote on these rules.......
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EU - TOUGHER RULES TO COMBAT
TRAFFICKING IN HUMAN BEINGS
Justice
and Home Affairs - 14-12-2010
Committees : Civil
Liberties, Justice and Home Affairs / Women's Rights and Gender
Equality
More rigorous prevention, tougher penalties for traffickers and better protection for victims, are the key aims of a new EU law on trafficking in human beings, agreed by Parliament and Council representatives and approved in committee on Monday. The new law would apply to trafficking in the sex industry or labour exploitation in, for example, construction work, farming or domestic service.
Several
hundred thousand people are trafficked into or within the EU each year. Many
victims are exploited for prostitution (43%, overwhelmingly women and girls),
or for menial labour (32%).
The
new EU directive, approved by the Civil Liberties and Women's Rights committees
on Monday, lays down minimum rules for defining criminal offences and sanctions
for traffickers and introduces common rules to step up crime prevention and
protection for victims.
"The
negotiations have been difficult but we feel that we have reached good results
and attained the most important of Parliament's points. With this proposal, we
will create a tougher environment for the human traffickers and stronger
protection for the victims”, said Civil Liberties Committee rapporteur Anna
Hedh (S&D, SE), who steered the proposal through Parliament together with
Women's Rights Committee rapporteur Edit Bauer (EPP, SK).
"The
biggest achievement in my view is that this new directive creates a dissuasive
environment for traffickers and ensures assistance and protection for victims
of trafficking, especially for children. Even though we had to give up on some
issues that were in our original proposal but I am convinced that the achieved
result is a good one and the adopted directive will create a better legal basis
in comparison with the old 2002/629 Framework Decision", added Ms Bauer.
New
rules to cover additional forms of exploitation
The
text takes a broader view of what counts as trafficking in human beings than
does the EU framework decision of 2002 (which it is to replace) and
includes additional forms of exploitation, as requested by MEPs.
"Exploitation"
now includes, as a minimum, exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or services, including begging,
slavery or practices similar to slavery, servitude, or the exploitation of
criminal activities, or the removal of organs. The definition also covers
trafficking in human beings for illegal adoption or forced marriages.
“Exploitation
of criminal activities” means exploitation of a person to commit, for example,
pick-pocketing, shop-lifting, drug trafficking and other crimes that are
subject to penalties and involve financial gain.
Stiffer
penalties for traffickers and proceeds to be confiscated
The
new directive sets maximum EU-wide penalties of at least five years'
imprisonment (i.e. Member States may not impose lower ceilings) or, in
specific aggravating circumstances, ten years' imprisonment. These aggravating
circumstances include cases where children are exploited, criminal
organisations are involved, the victim's life is endangered or serious violence
is used. Instigating, aiding, abetting or simply attempting to commit such an
offence will also be punishable.
Where
legal persons (organisations) are involved, sanctions should include criminal
or non-criminal fines and could also include, for example, exclusion from
entitlement to public benefits or aid, temporary or permanent disqualification
from engaging in commercial activities, and the placing under judicial
supervision or the temporary or permanent closure of establishments.
Member
States should also ensure that the instruments and proceeds of these crimes are
seized and confiscated. They are also “encouraged” to use them to support
help and protection for victims, including compensation.
Broader
protection for victims
Victims
should receive accommodation, material assistance and where necessary medical
treatment, including psychological assistance, counselling and information, say
MEPs. Legal counselling and legal representation should be free of charge, at
least when the victim lacks sufficient financial resources. Victims of
trafficking should also have access to witness protection programmes and to
compensation schemes.
Assistance
and support should be provided “before, during and for an appropriate time
after criminal proceedings”, irrespective of a victim's willingness to act as a
witness. A requirement not to prosecute or impose penalties on victims is
explicitly stated in the text.
Discouraging
demand
MEPs
believed that making it a crime to knowingly use the services of a trafficked
person could have a strong preventive effect, by discouraging demand. However,
the text agreed with the Council only encourages such measures. Member States
“shall consider taking measures to establish as a criminal offence the use of
services” of a victim, “with the knowledge that he/she has been trafficked”.
This criminalisation could include employers of legally-staying third-country
nationals and EU nationals, as well to as buyers of sexual services from any
trafficked person, irrespective of their nationality.
Within
five years the European Commission must submit a report assessing the impact of
existing national laws that make it a crime to use services "which are the
objects of exploitation of trafficking in human beings" or aim to prevent
trafficking in human beings. This report must be accompanied, if necessary, by
appropriate proposals.
Anti-Trafficking
Co-ordinator
The
text also provides for the appointment of an Anti-Trafficking Co-ordinator, who
would also contribute to Commission reports on progress made in the fight
against trafficking in human beings.
This
agreement will be put to a vote by the full Parliament at its December plenary
session in Strasbourg. Member States will have two years to transpose the new
rules into national law. The directive will not apply to Denmark and the UK,
but the latter might still opt in to the new rules later.
Joint
committee vote: 51 in favour, none against, no abstentions
In
the chair:
Juan
Fernando López Aguilar (S&D, ES) - Civil Liberties Committee
Eva-Britt
Svensson (GUE/NGL, SE) - Women's Rights Committee