WUNRN
TRAFFICKING FOR EXPLOITATION OUTSIDE
THE SEX SECTOR IN EUROPE
Direct Link to Full 102-Page Report:
RECOMMENDATIONS TO GOVERNMENTS
General
Recommendations
1.
Implement legal and policy changes that recognise that human rights standards
and the Palermo Protocol apply to all trafficked persons, including those
trafficked outside the sex sector.
2.
Ensure that national anti-trafficking legislation defines concepts such as
forced labour, coercion, abuse of power and abuse of a position of
vulnerability in accordance with international standards.
3.
Ensure that work permits are not tied to one single employer and changing
employers is allowed.
4.
Counter racism, xenophobia and anti-migration laws, policies and practices that
contribute to exploitation and trafficking.
Identification
1.
Ensure recognition that trafficking occurs in different sectors:
a.
Ensure that immigration laws and procedures in no way impede the identification
of trafficked persons.
b.
Develop guidelines and procedures for the identification of trafficked persons,
with support from civil society organisations specialised in anti-trafficking.
c.
Ensure knowledge and familiarity with relevant indicators among those in charge
of identification.
d.
Ensure inclusion of all trafficked persons in identification mechanisms that
States are obliged to establish.
2.
Train labour inspectors in the identification of trafficked persons, with
support from civil society organisations specialised in anti-trafficking in
these trainings.
3.
De-link labour inspection from immigration remits so that undocumented workers
can report abuse without having to fear for their residency in countries of
destination.
4.
Promote ways of cooperation and collaboration with trade unions, migrant rights
organisations, asylum seekers’ support organisations and other collectives that
may encounter trafficking cases.
5.
Establish referral mechanisms for those who want to stay outside the realm of
law enforcement, in cooperation with unions, labour inspectorates, and other
actors.
Assistance, Including Legal Assistance
1.
Ensure that national anti-trafficking legislation complies with international
law, which makes no distinction of the sector into which a person has been
trafficked, nor of the person’s gender in terms of access to assistance.
2.
Ensure that assistance programs are available to trafficked persons without
distinction on the sector of exploitation or the person’s gender.
3.
Conduct analysis at the national level, in partnership with civil society
organisations specialised in anti-trafficking, on the assistance needs of
trafficked persons on the basis of gender and the sector of exploitation and
implement assistance accordingly
4.
Develop assistance programs, with support from civil society organisations
specialised in anti-trafficking, which are flexible and adaptable to the needs
of trafficked persons, as expressed by them.
5.
Develop training for those providing legal assistance to trafficked persons
addressing the lack of knowledge of the different available legal frames
(including anti-trafficking, migration, labour, refugees, smuggling), and
provide practical guidance on how to take cases to criminal or civil courts.
6.
Ensure that the protection of and support for trafficked persons is not made
conditional upon cooperation with law enforcement agencies, but is based on the
persons’ human rights.
7.
Ensure access to compensation for trafficked persons.
8.
Ensure that trafficked persons can exercise their right to access justice
without fear of its possible consequences, and independently of their legal
status.