National Programmes to Combat Trafficking in Human Beings

Background Paper

There has been gradual recognition that in order to deal with the problem of trafficking in persons, particularly for the purpose of forced commercial sexual exploitation, a range of governmental and non-governmental actors must actively participate in a co-ordinated and co-operative programme.

Overall responsibility lies with the individual States, which must ensure that they comply with their international obligations under human rights norms: to respect and protect the rights of individuals through both legal, administrative and other facility. It should be for the State, therefore, to devise the optimum structure to ensure this comprehensive approach. A tool that has been identified in numerous fora by both international organisations, non governmental organisations and individual governments is that of the National Plan of Action (NPA).

The manner in which the problem manifests is different in each country and is predicated by inter alia, the social and economic conditions, border policing and visa regimes, the geographical location, the existence of a market for trafficked persons, etc. Hence, the emphasis on activities in the NPA will vary from country to country. For example, countries of origin would place greater emphasis on the prevention and reintegration assistance elements, while in those countries that are primarily of destination, the emphasis will be on the protection of victims and the prosecution of the perpetrators.

The model attached is designed to give assistance to both NGO’s and governments in determining an appropriate framework for co-ordination, to identify where the needs are and where assistance can be sought.

In the model, examples have been given of types of activities under each objective and where responsibility lies in relation to the government. The identity of a particular ministry and its function will vary from country to country (for example, not all countries have a ministry for human rights) and it is anticipated that each government will ensure that it designates the relevant ministry to fulfil that function.

Research and Assessment: Understanding the nature and extent of the problem is a pre-requisite for effective action. This should also include assessment of current laws, policies and structures in relation to trafficking in human beings.

Awareness Raising: Awareness and knowledge of trafficking in human beings on the part of governmental institutions, NGOs and the general public is poor. Proper training and information concerning these issues are generally lacking. In addition, there is an absence of Gender awareness and failure to develop equal opportunities in South Eastern Europe the absence of which sets the context in which trafficking develops. Governments must address these issues. In co-operation with NGOs, governments need to undertake campaigns aimed at clarifying opportunities, limitations and rights in the event of migration so as to enable women to make informed decisions and reduce the possibility of them becoming victims of trafficking.

Prevention: Trafficking in persons has its roots in the social and economic conditions in the countries of origin. For prevention, the emphasis needs to be on economic regeneration and the need to reduce the numbers of persons in vulnerable groups through economic empowerment. This requires analysis of investment strategies and restructuring agreements, assessment of the availability and types of employment particularly for women and the extent of discrimination. These factors can then be addressed through, inter-alia, establishing and implementing non-discrimination in laws relating to education, employment access to credit facilities etc. Vulnerable groups should be identified and prioritised for economic assistance. in particular unprotected minors and women from economically impoverished areas. Additional national initiatives, such as NPAs for women and NPAs for children should also be considered

Victim Assistance and Support: The most immediate need in countries of origin, destination and transit is shelter and support services, including medical and psychological support, free legal aid, and interpretation services, for victims of trafficking. In this regard, training is needed for police, social workers, health workers, lawyers, and teachers on trafficking and forced sexual exploitation, the methods used by the traffickers, possible interventions to prevent trafficking and training on special skills to work with trafficking victims. Governments should utilise the resources of the local organisations that provide social services to women and children, who have experienced violence, prostitution and psychological trauma, etc, and which have expressed interest in establishing services for victims of trafficking. It must be noted that in most countries of the region, NGOs lack capacity and resources to deal comprehensively with the issue.

Return and Reintegration Assistance: Governments need to allocate resources to provide comprehensive programmes designed to reintegrate victims of trafficking into society, including through actively preventing stigmatisation, job training, legal assistance and health care and by taking measures to co-operate with non-governmental organizations to provide for the social, medical and psychological care of the victims.

Law Reform: Governments should undertake a review of all legislation which relates to trafficking, including the criminal code, laws relating to immigration and asylum, health care and social assistance to ensure that the human rights of victims are protected. In respect of the criminal code: it must ensure that all elements of the crime can be effectively prosecuted, and that all those engaged in trafficking, intermediaries, accomplices, those who abet or facilitate the commission of the offence must be subject to sanction. Penalties should take account of the grave nature of the offences committed. There must be no penalisation of the victims of trafficking, through the use of the criminal, immigration or other law.

Law Enforcement: Training and in-service courses need to be established for judicial personnel, prosecutors and police on new policies, procedures and legislation, which should include a gender component. Strong political commitment to enforcing laws to combat trafficking and organized crime is a pre-requisite to successful programmes.

International Law Enforcement Co-operation and Co-ordination: Governments to conclude bilateral, sub regional, regional and international agreements to address the problem, ensuring extradition and establishment of jurisdiction for crimes committed. Governments should sign and ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime.