DRAFT 12.9.2002

BRUSSELS DECLARATION ON PREVENTING AND COMBATING TRAFFICKING IN HUMAN BEINGS

Trafficking in human beings is an abhorrent and worrying phenomenon involving coercive sexual exploitation, labour exploitation in conditions akin to slavery, exploitation in begging and juvenile delinquency as well as domestic servitude. These practices constitute serious violations of the victims’ human rights as enshrined in international law and the EU Charter on Fundamental Rights. Trafficking in human beings has been identified as a criminal activity increasingly penetrated by transnational organised criminal networks generating substantial illicit proceeds with a too low risk of prosecution and confiscation.

The international community, including institutions at local, regional and governmental level, national governments, non governmental organisations (NGOs), international organisations (IOs) and the EU institutions are called upon to match up to the challenges posed by this international crime phenomenon and to provide an unambiguous and comprehensive response at national, European and international levels, working towards a comprehensive, multidisciplinary and effectively co-ordinated policy that involves actors from all fields concerned.

A comprehensive European policy to prevent, fight and curb human trafficking with all its abhorrent aspects such as the exploitation of children and women for sexual and labour purposes needs to be further elaborated, agreed upon, implemented and effectively supported by national governments, EU institutions, law enforcement bodies, judiciaries, IOs and NGOs active in this field.

The comprehensive European policy against human trafficking needs to address the entire trafficking chain, comprising countries of origin, transit and destination alike, targeting recruiters, transporters, exploiters, other intermediaries, clients, and beneficiaries. Furthermore, root causes of trafficking, not least including unemployment, poverty, gender inequalities, social and cultural attitudes, must continue to be at the forefront of the long-term efforts to fight human trafficking effectively.

The coalition of committed governments, international bodies and NGOs is called upon to take concrete measures and to intensify co-operation in the fields of prevention, victims’ protection and assistance, and police and judicial co-operation, in particular with a view to achieving an immediate reduction of trafficking in human beings.

The European Conference on Preventing and Combating Trafficking in Human Beings – Global Challenge for the 21^st Century – brought together, on 18-20 September 2002, the EU Member States, Candidate Countries, neighbouring countries, including…, US, Canada, … international organisations (IOs), non governmental organisations (NGOs) and the institutions of the European Union.

The representatives from the countries, organisations and sectors mentioned expressed a commitment to the above objectives and affirmed their intention to develop the work against trafficking in human beings on the basis of the following recommended measures, standards and best practices.

The Conference was initiated by the European Commission under the STOP II Programme set up to financially support actions to fight and prevent trafficking in human beings and the sexual exploitation of children. The International Organisation (IOM), in close co-operation with the European Parliament and the European Commission organised the Conference. Member States, Candidate Countries, NGOs and IOs supported the preparations of the Conference.

The Brussels Declaration, prepared in the spirit of contributions submitted in the preparations of the conference and in the spirit of contributions made at the Conference, aims at further developing European and international co-operation, concrete measures, standards, best practices and mechanisms to prevent and combat trafficking in human beings.

MECHANISMS FOR CO-OPERATION AND CO-ORDINATION

1. International co-ordination and exchange of information

· All international bodies active to fight and prevent trafficking in human beings should intensify their co-operation and exchange of information with a view to achieving a better co-ordinated response, to avoid overlaps and duplications of work, and to maximise the impact of actions taken at international level.

2. European Experts Group and national structures

· The validity and performance of standards and best practices of the counter-trafficking policy at the national and international levels should be subjected to review, consolidation and development. At European level, an Experts Group, comprising representatives from governments, NGOs, international bodies, researchers and other stakeholders should be set up by the European Commission. At national level a systematic mechanism, such as the appointment of National Rapporteurs and/or multidisciplinary groups meeting regularly, should be set up to monitor and evaluate the implementation of a national policy against trafficking. Links between such mechanisms should be established at European level and beyond.

3. The European Forum on Prevention of Organised Crime

· In addition to the setting up of an European Experts Group on trafficking, the European Commission should continue the work of the workshop on trafficking within the European Forum on Prevention on Organised Crime with a view to continue the identification of appropriate measures against trafficking in human beings and to support a process to review, consolidate and develop a European policy to combat trafficking.

4. A European IO-NGO co-ordinating and co-operation mechanism

· The IO-NGO sector should establish a mechanism to act as a network focal point of contact and exchange as well as a co-ordination point for the actors within the IGO-NGO sector across Europe. Such a mechanism could co-ordinate and provide information on for instance the availability of IO-NGO resources, ‘safe house’ accommodation and specialist support measures. It could also play a critical role in voluntary return programmes for victims of trafficking.

5. An independent accreditation scheme for the IO-NGO sector

· The IO-NGO sector should take the initiative to develop an independent accreditation scheme for all organisations operating within the IO-NGO sector in the field of human trafficking. An accreditation panel of experts should be set up, the members of which would be drawn from recognised and established IOs and NGOs with a proven track record of service delivery to trafficked victims. The panel could examine the structure, financing and capacity of any new support organisation wishing to enter the field and accredit them accordingly.

6. European Bureau for missing persons

· A feasibility study should be conducted on the establishment of a European Bureau for Missing Persons that would include specifically recorded details of missing persons that are believed to be the victims of traffickers. Such a database would be of critical importance in the context of child trafficking victims.

PREVENTION OF TRAFFICKING IN HUMAN BEINGS

7. Root Causes

· Legislation and policies on equal opportunities must protect and strengthen the legal and social position of women and children and specifically address all forms of gender discrimination.

· Support programmes should be established aiming at the full participation of women and empowerment of women in educational facilities and economic life, including support to female entrepreneurship.

· Support programmes should aim at the strengthening of efforts to tackle poverty, particularly amongst the most vulnerable sections of the populations, through measures designed to improve governance, material support, social protection and employment opportunities.

8. Research

· In order to develop efficient and targeted prevention measures on trafficking in human beings, there is a need for improved data, research, and analysis, including the character and scale of trafficking and the mechanisms and developments (detection of new trends) playing a role in trafficking. A methodology, taking into account that trafficking is an evolving phenomenon, should be developed.

· To facilitate research and analysis, de-personalised qualitative and quantitative data and information on all the component structures of trafficking should be made available and exchanged on a bilateral and multilateral basis.

· A vital component in the counter-trafficking response will be further research and analysis of the ‘demand’ side of the trafficking process and an examination of methods by which the clients ‘ demand can be effectively reduced.

9. Training

· Specialised, case history based, joint training for police investigators, prosecutors, IO and NGO personnel in the conduct of counter-trafficking operations, with particular emphasis on the identification and rescue of trafficked victims and of their subsequent interview and treatment by the police and criminal justice system and on the use and management of pro-active, intelligence led investigative tactics, should be developed. Specific specialised training modules on child trafficking, that specifically address the complex and special vulnerability and needs of child victims should be developed for the same target groups.

· General, multidisciplinary counter-trafficking training for judicial, law enforcement, medical, education, diplomatic, immigration, IO and NGO personnel and other concerned professional groups should be developed. This training should also focus on the immediate needs and treatment of victims and of how they should be treated by the criminal justice system. It should also promote a multidisciplinary approach by for instance specialised NGOs providing lectures at police academies.

· Specific training programmes aimed at front-line police and frontier personnel and the new recruits of both agencies should be developed that are designed to enable them to recognise the indicators of trafficking related crimes, the collection and dissemination of counter-trafficking intelligence, and to fully realise their potential to identify and rescue victims.

· General training of international military and police peace-keepers and related civilian contractors on the subject of human trafficking and of the impact of it upon the victims should be included in preparations of missions. The training include the required standards of behaviour to be observed by such personnel – with particular emphasis on the duty upon the personnel to report any intelligence on trafficking activity and to observe a regime of strict non-involvement in any activity that adds to the exploitation of trafficked victims.

· Closer links should be developed with educators and ministries of education to ensure that relevant and realistic teaching modules be included in school and college curricula to inform pupils and students of human rights and gender issues. These subjects should be specifically linked to teaching young people about the modus operandi and dangers presented by trafficking crime, the opportunities for legal migration and foreign employment and of the grave risks involved in irregular migration.

10. Awareness raising

· Awareness raising and information campaigns should be an on-going process and should not be limited to ‘one-off’ activity in various locations. To be fully effective, campaigns must be repeated.

· Awareness raising campaigns should be aimed at relevant target groups, including potential victims, policy makers, law enforcement officers, diplomatic and consular personnel and other relevant public officials, such as medical, social services, and employment officials. They should include an overall aim towards the target groups to increase their readiness to address trafficking in human beings adequately, strengthen their institutional capacity to counter trafficking and promote the sustainability of the activities of the campaigns.

· The campaigns must be realistic and factual concerning the possibilities of legal migration and foreign employment opportunities and of the potential risks posed by the use of irregular migration methods. They should be of a multimedia format to include videos, printed material etc. To support this process, each potential State of destination should prepare briefing materials such as leaflets, brochures or videos, prepared in the language of the country concerned, addressing migration and employment opportunities within their territory. This material should be prominently displayed in the consular and visa sections of the State diplomatic missions and copies should also be enclosed in any postal visa applications.

· The perception of the problem of trafficking in human beings brought forward by media needs to include a clear explanation of the phenomenon and this explanation needs to be better developed. To maximise public knowledge and awareness of trafficking, targeted awareness raising campaigns with media professionals should be conducted, including the preparation of updated briefing or background material on trafficking crime.

· Awareness raising campaigns aiming at the ‘demand’ side of the trafficking process should be developed as part of a comprehensive process of reducing trafficking effectively.

· Well-publicised telephone ‘hotlines’ should be established in the countries of origin, transit and destination. These ‘hotlines’ should serve two purposes: (i) they can act as an independent source of advice and guidance to potential victims who may be considering the merits of offers made by the traffickers, (ii) the ‘hotline’ can be used as a ‘first point of contact’ for trafficked victims who can then be referred to the full available range of support measures.

11. Administrative controls

· Regimes and practices should be implemented to regulate and monitor agencies that frequently appear within the modus operandi of the trafficking crime. Agencies such as bridal, employment, tourist, escort, au-pair or adoption entities should be monitored by State authorities so that those that act outside of the legal requirements and practices can be identified, and, where appropriate, bet the objects of adequate sanctions.

This activity should include co-ordination with the ministries of foreign affairs with a view to provide early identification of those agencies that may be engaged in malpractice or actively complicit in trafficking crime.

· The security and quality of identity and travel documents must be enhanced at every stage of the trafficking process. Personnel training and equipment to detect forged or altered documents must be strengthened. A closer co-operation and exchange of information should be developed among consulates and embassies in countries of origin and transit.

· Within the countries of destination, it is essential to implement measures to reduce the ‘invisibility of exploitation’. A multi-agency programme of monitoring, administrative controls and intelligence gathering within the sex and labour markets will greatly contribute to this objective. Police, health, employment, other concerned public officials, and IO and NGO personnel should work together to impose high visibility monitoring of the sex and labour markets and to develop intelligence sources within them to provide early warning of trafficking indicators.

12. Specific recommendations to prevent the trafficking of children

· The special vulnerability and needs of child trafficked victims is recognised and enshrined in international and national law. This must be recognised also in practice. To reduce the incidence of child trafficking, specific measures in relation to them should be implemented to strengthen, not at least passport and visa regulations, including that all children over the age of five be in possession of their own passport, extended submission times for visa applications in respect of children to allow for in-depth background enquiries in the origin and destination countries, the inclusion of biometrics in issued travel documents in respect of children that are travelling as unaccompanied minors or who are accompanied by a person who is not an immediate family member, and extension of carrier liability to require carrier agents to retain possession of the identity and travel documents of unaccompanied minors and those of children that are accompanied but not by an immediate family member.

VICTIMS PROTECTION AND ASSISTANCE

12. Immediate Victim Assistance

· Research and analysis must be developed to identify profiles of traffickers and trafficked victims and to develop and design a matrix of key trafficking indicators for use by front-line police and border personnel to enable them to make the distinction between trafficked victims and irregular migrants. The improvement of the ability of operational counter-trafficking practitioners to identify trafficked victims is not only of critical importance in the context of humanitarian support, but also to the access to temporary residency entitlements.

· Victims of trafficking must be granted access to a full range of support measures that should include access to shelter accommodation, physical, sexual and psychological health care and support and independent health, legal and social counselling.

The provision of such treatment must be on a consensual basis and victims should not be subjected to mandatory testing for HIV-AIDS or other forms of sexually transmitted diseases.

· Access to protection and assistance to victims provided should be timely and adequately funded. In the context of trafficking, this very often means the proper funding of IO and NGO shelter functions.

· The exchanges between NGOs, social workers and others concerned with victim assistance from countries of origin, transit and destination should be developed. This would improve the understanding of the victim which contribute to the recovery of the victim and eventually also his or hers re-integration. Those concerned with assistance to victims should also seek to involve collaborators from countries of origin in the work of their organisation.

· Trafficked victims should be recognised as victims of serious crime. Therefore they should not be re-victimised, criminalised, prosecuted or held in detention centres for offences that may have been committed due to their situation as victims of trafficking.

· Where a trafficked victim is a also entitled to seek asylum under the current provisions, the fact that she is a trafficked victim in addition, should not interfere in any way with her right to seek asylum.

· Protocols of minimum standards should be drawn between law enforcement services and IOs and NGOs on the immediate treatment of trafficked victims. These standards would include at least the following:

· That law enforcement officers address the subject of the victims from the perspective of the unequivocal humanitarian and legal duty of law enforcement officers to treat the victims of this type of crime in accordance with their fundamental human rights.

· That genuine trafficked victims should be treated as victims of serious crime and must not be re-victimised by law enforcement agencies or judicial proceedings.

· That the safety of the victims and their families is the paramount consideration and the direct responsibility of the law enforcement officer.

· That the investigator has a clear duty to conduct a continuous process of risk assessment in respect of the safety and welfare of the victims and their families at every stage of the investigative and judicial process and beyond.

· That the investigator has a clear duty to be open and honest at all times with the victims so that they are made fully aware of the issues, responsibilities and potential consequences and risks attached to any decision that they may be called upon to make.

· That the investigator has a clear duty to ensure that the victims are made fully aware of all available support measures and services that exist to help them overcome their ordeal and that the victims are enabled to establish initial contact with them.

· These duties and all explanations, decision etc. in relation to his or her status and co-operation with the criminal justice system must be conducted in a language that the victim can understand.

12. The victim as a witness

· Rapid deportations of victims of trafficking should be avoided as they serve neither the protection of victims, nor the investigation against traffickers.

· There is a need to identify develop protocols to regulate the conditions under which law enforcement services have access to victims in shelters or who are otherwise being supported by the IO-NGO sector. Such protocols should include best practices that clearly defines the roles and responsibilities of each side and address police visits to the shelters, the presence of an independent counsellor to represent the victim at all times, the provision of a verbal and written briefing as to the exact responsibilities and conditions under which a victim would be required to provide her deposition and testimony. Such protocol should also govern the exchange of intelligence between law enforcement and the IO-NGO sector. The minimum standards would include the prohibition of personalised data without the written permission of the victim and a common standard for the evaluation and dissemination of the intelligence. Furthermore, such protocols should be developed that address the presence of an independent counsellor at every stage of the criminal proceedings, facilities to provide the deposition in a video or audio format, legal protection of the confidentiality of his or her true identity and address, facilities to give her testimony via a video link or by other means that do not require the victim to be in the physical presence of her exploiter, and the full range of court support measures during the period of her testimony.

· Where necessary, witness protection measures should provision of shelter or ‘safe house’ accommodation for himself or herself and the family, change of identity with supporting documentation, re-location, access to funding, provision of security advice and brief training, and the provision of personal security equipment.

· Access to short term residency permits for those victims that agree to co-operate with the criminal justice system of the State concerned must be made available. The detailed explanation to a victim of exactly what would be required of him or her by the criminal justice system is a central part of a reflection before such a short-term residence permit is issued. The implementation of such a residence permit must be carefully monitored and evaluated to prevent the incidence of ‘procedure shopping’ whereby the capacity to accommodate and support genuine trafficked victims is eroded by the claims of fraudulent victims. A victim should be allowed the opportunity to appeal against administrative or judicial decisions taken in respect of him or her in the context of short-term permit of stay.

· It will be necessary to draw up a protocol governing the exchange of intelligence between law enforcement and the IO-NGO sector. The minimum standards would include the prohibition of personalised data without the written permission of the victim and a common standard for the evaluation and dissemination of the intelligence.

· Victims as intelligence sources are of immense potential to the counter-trafficking response, but there are real risks involved in this exchange. Therefore a process of continuous risk assessment should be with the relevant IO or NGO providing the shelter or other form of assistance at the point at which the victim decides to become a witness.

· It will be necessary to revise current entry criteria to law enforcement witness protection measures as the majority of trafficked victims would not qualify for access as they are unable to provide essential and indispensable evidence against major ‘actors’ in cases involving serious crime – many trafficked victims can only testify against mid-level operatives.

· The development of regional witness protection programmes in which a number of States could co-operate together in the provision of safe accommodation and protection for trafficked victim-witnesses should be researched and developed. This could provide for the voluntary re-location of a victim-witness to a neutral country before and after the criminal proceedings.

· There should be no forced return of a victim witness after she or he has testified against her exploiters unless the victim has expressed a desire to do so or a risk assessment has been conducted. Any level of risk that exists in respect of the victim can only be increased after she had testified.

13. Victim re-integration

· The range of victim re-integration measures should be made available to trafficked persons irrespective of whether they are being repatriated to their own countries or being provided with longer term residency status in the country of destination.

· Re-integrated victims should be entitled to proper and regularised documentation and employment and or training opportunities.

· In order to support the re-integration process and reduce the risk of re-trafficking, re-integration programmes should be aimed at empowering the victims by developing their capacity to attain economic independence through the provision of entrepreneurial support or vocational training or job opportunities.

· Networking between IOs, NGOs, and others involved in assistance to victims in countries of origin, transit and destination should be intensified and further developed with a view to facilitate the re-integration of victims. The re-integration of victims would also benefit from an increased attention given by consulates and embassies in these countries.

POLICE AND JUDICIAL COOPERATION

14. Legislative recommendations

· The ratification and implementation of relevant international instruments, in particular the UN Convention on Transnational Organized Crime and its accompanying Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, must be given the highest priority. Those who have not yet commenced the process to sign and ratify these instruments are called upon to do so without delay.

· A regime of adequate penalties should be introduced into national legislation for specific trafficking crimes and related offences, including offences in relation to living of the earnings of prostitution.

· In order to identify, sequestrate and confiscate the criminal assets and proceeds of traffickers, legislative provisions should be further developed with a view to facilitate the confidential pro-active and parallel investigation of the financial affairs of suspected traffickers. These provisions should include a legal duty on financial institutions to disclose suspect transactions to law enforcement agencies and should impose a strict legal duty on financial institution not to disclose the existence of police enquiries into a suspect’s financial affairs.

· Direct contacts between competent law enforcement services and judicial authorities should form an integral part of the development of legal instruments and agreements on law enforcement and judicial co-operation.

· Specific criminal offences of engaging in any form of witness intimidation or other forms of perverting or interfering with the course of justice in respect of trafficking cases should be developed where they do not already exist.

· National legislation must ensure the victims right to seek and secure compensation for the injuries and harm they have suffered.

· The implementation of the provisions of the EU Framework Decision on the standing of victims in criminal proceedings should be thoroughly evaluated. Identified gaps and lacunae in the implementation should be followed up by a legislative initiative with clearer legal obligations for implementation.

15. Specialisation and exchange measures

· Specialised, joint investigative teams of investigators and prosecutors should be set up within each State to improve the professionalism of trafficking investigations and service to victims and to improve the rate of conviction of traffickers. These teams should develop expertise in the conduct and management of both reactive, victim led and pro-active, intelligence led investigations and prosecutions together with expertise in the management of parallel financial investigations and assets seizure.

· The existing police liaison networks should be strengthened and include trafficking crime as part of their daily duties. As an interim measure, where there are deficits in the liaison network, particularly in the countries of origin, a programme of ‘liaison officer sharing’ could be agreed between participating States.

· A European Centre of Excellence of investigative and prosecutorial experts who would be made available to be sent to any requesting country act seeking expert operational assistance as short-term, ‘on-site’ advisers in complex trafficking cases should be developed.

· Bilateral and multilateral exchange of operational trafficking investigators on a longer term basis should be encouraged as a response to on-going trafficking problems between one or more States, or regionally, where the modus operandi of the crime would justify such exchanges.

16. Investigative methods

· Pro-active, intelligence led investigative techniques that are designed to identify, investigate and successfully prosecute traffickers without reliance on the testimony of the victims should be developed and refined. This include for instance targeted multiagency intelligence gathering and analysis, co-ordinated and parallel pro-active financial investigation that seeks to identify and follow the money trail in order to disclose compelling evidence of criminal activity, and the use of a range of human and technical intrusive and non-intrusive surveillance techniques.

· Investigators and prosecutors must be made aware and trained in the potential and use of DNA evidence and the opportunities that it provides in the investigation of trafficking cases and the sexual and physical abuse that accompanies it.

17. Corruption

· Effective legislative and regulatory measures to combat corruption, the establishment of standards of good governance, the promotion of legitimate commercial and financial conduct, and the development of mechanisms to curb corrupt practices, must be developed.

· States should co-operate towards the successful conclusion of the United Nations Convention against Corruption.