TRAFFICKING IN HUMAN BEINGS: THE PROSPECTS OF PREVENTION IN AN ENLARGED EU Contribution

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1 EU/IOM STOP European Conference on Preventing and Combating Trafficking in Human Beings - A Global Challenge for the 21 st Century - organised under the High Patronage of H.R.M. the King of the Belgians September 2002, European Parliament MR. VYTENIS POVILAS ANDRIUKAITIS Deputy Chairman of the Seimas of the Republic of Lithuania TRAFFICKING IN HUMAN BEINGS: THE PROSPECTS OF PREVENTION IN AN ENLARGED EU Contribution 1

2 TRAFFICKING IN HUMAN BEINGS: THE PROSPECTS OF PREVENTION IN AN ENLARGED EU The prospects of preventing trafficking in human beings in an enlarged European Union should be more linked to the need to reform the policy with regard to trafficking in human beings itself on the European Union level. Trafficking in human beings is not singled out as a separate topic in the existing European Union acquis in the field of home and justice affairs. Issues related to trafficking in human beings, however, should be treated as an integral part of EU co-operation, and, in some cases and in future as an integral part of the Union s common policy in the field of justice and home affairs. Trafficking in human beings, as a criminal activity and constituent part of the system of justice and home affairs must be first of all adequately penalised on the national level. Proper regulation of a country s penal policy must ensure the legitimacy of penalisation of this criminal activity. This should be stipulated in criminal laws of every state. It is necessary to emphasise the world context of this criminal activity. Trafficking in human beings is a universal problem. It is a crime that often moves across state borders and is committed on the territory of several states. This implies that a state is incapable of effectively combating this phenomenon on its own. Joint international and/or regional measures are needed. Drugs, organised crime, trafficking in human beings, sexual exploitation of children are problems faced by every European, and not only European, state. Moreover, when viewed in the context of other criminal activities, trafficking in human beings is in the broad sense linked to violations of human rights because trafficking in human beings means also restriction of an individual s freedoms; it is also linked to organised crime because human trafficking is increasingly identified as a new form of international criminal business. Such a crime, which steps beyond the borders of one single state, can only be effectively prevented by creating a successful system of co-operation between law enforcement institutions of individual states. It is a paradox, but international regulation of trafficking in human beings is not sufficient. International conventions directly related to human trafficking are not exhaustive. They fail to define both the concept of this crime and its possible variations. For instance, not a single international document has been adopted with regard to trafficking in women, which is one of the most often occurring types of human trafficking. Reference is still made to the old Geneva Convention on Slavery of 1926, Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1957 and even the definition of forced labour as found in Article 2 of the ILO Forced Labour Convention. That is why the initiative of the European Union to consolidate efforts in this area is welcome. Insufficient legal regulation in the sphere of trafficking in human beings has also been noticed by the EU institutions. This is testified to by the European Parliament Resolution, adopted as early as 18 January 1996, which calls for providing a clear definition of the concept of trafficking in human beings and for drafting a new UN 2

3 convention to supersede the obsolete and ineffective 1949 Convention on the Suppression of Traffic in Persons and of the Prostitution of Others. Trafficking in human beings, like the other activities of organised criminal gangs, is not restricted to the territory of a single state and violates laws of several countries. Thus, trafficking in persons cannot be treated as a domestic problem of a state, to be dealt with by it individually. In order to disclose such criminal activities successfully, international co-operation of the relevant law enforcement bodies is necessary. Taking into consideration that trafficking in human beings is being carried out by organised criminal groups, this phenomenon can be analysed also in the context of organised crime. As a form of organised crime, trafficking in human beings threatens a country s national security. Usually, this business is organised by international criminal groups. The main purpose of organised criminal structures dealing with trafficking in human beings is to gain as high profit as possible in the shortest possible time. In the hierarchy of crimes, trafficking in human beings is the third most profitable crime, exceeded only by trafficking in drugs and arms. Therefore, the initiative of the Amsterdam Treaty to enhance the co-operation of police and customs authorities in criminal matters, and especially with regard to combating organised crime, terrorism, illicit human trafficking, and crimes against children should be continued. According to the letter of the law, issues related to trafficking in human beings within the European Union are presently regulated by applying the intergovernmental co-operation method. The pressing character of the problem, however, as well as the specificity of the EU as a distinctive regional organisation, insufficient, and, in case of the existing one, non-exhaustive international regulation of the problem prompt the idea that in future trafficking in human beings will be allotted a separate line in the common EU policy in the field of home and justice affairs and that issues related to this problem will be dealt with on supranational level. Already now the most sensitive areas of human trafficking have been identified in the EU. As early as 24 February 1997, a programme of joint action to combat trafficking in human beings and sexual exploitation of children was adopted. Concrete cases (e.g. the Dutraux case in Belgium) imply the need to take novel preventive measures. In this way the STOP (Sexual Treatment of Persons) programme was launched. The problem of trafficking in women is also a sensitive one. The most pressing problems here are prevention of prostitution and trafficking in women and rehabilitation of the victims of prostitution and trafficking in women and their reintegration into the society. That is why building and implementing of a common policy in the field of trafficking in human beings both by creating a legal basis and by maintaining co-operation between relevant institutions in EU member states is, and will be in future, an inevitable imperative. The network of trafficking in persons includes young people and children. Trafficking in human beings is associated with missing people, violent crimes, venereal diseases, spread of HIV, trafficking in human organs, distribution of pornographic production, corruption. Trafficking in human beings, therefore, is a criminal deed posing a special threat to the wellbeing of the society. The problem of the trafficking in human beings exists in Lithuania like in any other country of Europe and the world. The most frequent type of trafficking in 3

4 human beings encountered by our country is forced prostitution. Without timely social and psychological assistance, women, as socially most vulnerable members of the society, tend to choose employment in illegal business and get into the networks of traffickers in persons. They are deceived or forced into work under slavery conditions, deprived of their identity documents and freedom. Women and girls get into uncontrolled illegal business, which makes them suffer from physical and psychological coercion as well as regular violations of their rights. Women are trafficked for prostitution in Lithuania or taken to foreign states. The actual scope of trafficking in people in Lithuania is difficult to identify, as this is a latent crime. The real situation can be defined only approximately by analysing instituted criminal proceedings. Presently, 29 legal proceedings against 35 persons suspected of trafficking in human beings are underway in Lithuania. According to the latest data, the courts have already decided 4 cases, 4 persons have been sentenced, 1 was adjudged to be criminally insane. In addition to that, more nationals of the Republic of Lithuania are detained abroad on charges of trafficking in human beings. The number of nationals of the Republic of Lithuania called to witness in criminal proceedings related to trafficking in human beings is growing, as well. No facts about trafficking in children, selling of persons for debts, forced marriage, forced pregnancy or abortion, illegal transplantation or sale (smuggling) of human organs, forced male prostitution have been identified in Lithuania. Considering the risk associated with trafficking in persons and economic and financial capacities of the country, Lithuania pursues a consistent targeted policy for the control and prevention of trafficking in human beings. The policy mainly focuses on the following areas: education (information), support to the victims of trafficking in human beings, co-operation of public institutions and NGOs and co-ordination of their actions, international co-operation, elimination of organised criminal structures. These efforts must be extended, and there is a need to elaborate special programmes at the EU level to combat trafficking in human beings. The legislation of the Republic of Lithuania, in fact, complies with the requirements for the control and prevention of trafficking in human beings and prostitution set in international legislation, i.e. that of the United Nations, European Union, Council of Europe and other international organisations. Until 1998, the Criminal Code of the Republic of Lithuania provided for liability only for unlawful deprivation of liberty. In 1998, the Criminal Code was amended with a special article stipulating criminal liability for trafficking in human beings. Besides that, this criminal deed is recognised as a serious crime for which an additional punishment of the forfeiture of property can be imposed. Due to the seriousness of the problem of trafficking in human beings in Lithuania, a specialised Programme for the Control and Prevention of Trafficking in Human Beings and Prostitution in was drafted and launched for the first time in the Baltic region. This year, the programme was approved by the Government of the Republic of Lithuania (17 January 2002 Resolution No 62 of the Government of the Republic of Lithuania). 4

5 The objectives of the programme are the following: to fully eradicate causes and conditions leading to the trafficking in human beings and prostitution; to develop an effective system of preventive measures; to destroy networks of criminal groups dealing with prostitution and organising trafficking in human beings; to consolidate efforts of public organisations and NGOs in preventing trafficking in people. The programme covers a package of educational, social-economic, medical, legal, scientific, information-related, financial and other measures on the national and international level. The implementation of the programme is co-ordinated by the Ministry of the Interior. The programme has been prepared taking into account all the main United Nations, European Union and Council of Europe requirements and recommendations in this field. The mentioned programme will be realised in stages, which means that during the present year evaluation will be given to the state of trafficking in human beings and prostitution in Lithuania, and ways and means to take under control and prevent trafficking in human beings and prostitution will be outlined. The year 2003 should witness creation of a system comprising social, economic, financial, legal, organisational, informational and analytical instruments aimed at prevention and control of trafficking in human beings and prostitution. In 2004 the new trends for the prevention and control trafficking in human beings and prostitution must be identified, they should be assessed and updated in the context of new circumstances and prospects. The European dimension shal play the main role in this area in the coming decade. It is foreseen to create an information system in the field of prevention of trafficking in human beings, investigation and disclosure of these crimes, to broaden international co-operation and give more support to the NGOs. A programme of preventive education will be launched in schools. It is expected that a computerised database will be created containing information on persons, detained with forged documents, suspected of procuring, gone missing, deported from foreign countries and from the state of Lithuania. We hope that implementation of the Programme for the Control and Prevention of Trafficking in Human Beings and Prostitution will allow to fight more efficiently the specialised criminal groups, that a social care system will be set up which will help to prevent the involvement of new people in the prostitution business, that conditions to provide social, psychological and legal assistance to victims of prostitution and trafficking in human beings will be created. Lithuania devotes sufficient attention to the development of international cooperation: it participates in a common BALTCOM-Task Force project of the Baltic Sea region countries designed to combat organised crime in the countries of this region, through the Baltic Council of Ministers structures it pursues active cooperation with the neighbouring countries Latvia and Estonia, it is also developing the network of liaison officers, and planning this year to sign a co-operation treaty with the Europol; it is strengthening bilateral relations by signing governmental treaties on co-operation in combating organised crime. 5

6 In the year 2000 such an agreement was signed with Poland, last year - with Germany. From 1991 Lithuania is participating in the Interpol activities. It has been a member of the International Migration Organisation since Lithuania has acceded to a number of international conventions that regulate various aspects of co-operation among states with a view to combating organised crime in all its forms. One of the most significant steps [in this area] has been the ratification of a United Nations Convention against Transnational Organised Crime on 19 March of this year and signing of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime on 25 April this year. This United Nations convention sets forth mechanisms that widen and intensify co-operation among states. These documents establish the principal criminal law provisions, they regulate the issues of mutual assistance of states in legal and technical matters, also when carrying out investigation and criminal prosecution and conducting judicial investigation. Understanding the significance of the United Nations Convention against Transnational Organised Crime, in June of this year Lithuania initiated a regional ministerial seminar on the speeding up of ratification of the convention and its supplementing protocols. The seminar was aimed at encouraging the Central and Eastern European countries that have not yet ratified the United Nations Convention against Transnational Organised Crime to do so and join the efforts to combat organised crime. The US State Department in its annual report expressed a positive assessment of Lithuania s efforts to fight trafficking in persons throughout the previous year. As it is said in the publicised report, which evaluates the efforts of 89 states to combat trafficking in persons, Lithuania made progress last year in the implementation of instruments to take this phenomenon under control. And I believe the European dimension in this complex issue is a vital one. 6

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