UNHCR advises EU on measures to protect victims of human trafficking

_{©UNHCR / K. McKinsey}

Not all victims of trafficking are refugees, but in their flight, refugees frequently have to rely on smugglers or traffickers, with both preying on their vulnerabilities. Other victims of trafficking may also become refugees because they are unable to return to their countries of origin for fear of being stigmatized for their forced participation in sex work, or may risk being re-trafficked, and not be able to find protection. Return may not be the most appropriate solution for all victims of trafficking. Non refoulement, i.e. ensuring that no one is sent back to persecution, as well as referral mechanisms to the asylum authorities with access to proper legal counseling, are key to victim protection. 

Protection must be extended regardless of victims’ involvement in criminal proceedings; this victim-centered approach also supports measures to combat trafficking through the trust and confidence it fosters. Some victims of trafficking who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, may be particularly vulnerable, and need specific protection, assistance or support. 

Trafficking and Smuggling

Human trafficking is often confused with the smuggling of persons. While there are some common elements, the critical factor that distinguishes trafficking from smuggling is the use of force, coercion and/or deception in order to exploit the victims. People are trafficked for sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, forced begging, or the removal of organs. Unlike smuggled persons, victims of trafficking may be trafficked within a country or across borders including legally. 

UN Puts Victims at the Centre

The United Nations advocates for a comprehensive approach to preventing and combating trafficking, and recommends a victim-centered, and human rights based approach. Trafficking is a criminal offence and it is the traffickers and not their victims who should be punished. Victims of trafficking should not be prosecuted for their illegal entry or stay in the European Union, or for their forced involvement in illegal activities. As victims of crime they are entitled to protection, assistance and compensation.

Anti-trafficking measures should not adversely affect the human rights and dignity of the victims. Two thirds of identified victims are women and girls, and human traffickers often abuse a position of power or vulnerability. Responses to trafficking must be gender-sensitive, and take into account the similarities and differences in the trafficking experience of men and women.

Like adults, children, including very young ones and teenagers, can also be victims of trafficking, even if no force, coercion and/or deception are used. The best interests of the child, at the core of the UN Convention on the Rights of the Child, must always guide any response to trafficking.

Trafficking in Europe

A June 2010 report issued by the United Nations Office on Drugs and Crime (UNODC) shows that trafficking in persons is one of the most lucrative illicit businesses in Europe, generating €2.5 billion per year. At any one time, over 140,000 persons are victims of this modern-day slavery. 84% of the victims in Europe are trafficked for sexual exploitation, and up to 1 of every 7 sex workers in Europe may have been forced into prostitution through trafficking. Victims from Eastern Europe are found throughout Europe.

Almost all of the trafficking from South America is for the purpose of sexual exploitation; it includes transgender victims and is concentrated in certain countries. East Asian victims have also been increasingly detected in many European countries, and in some countries represent the top group. 

Europe’s Anti Trafficking Efforts

Since the late 1980s, trafficking has been on the radar screens of the Council of Europe, the Organization for Security and Co-operation in Europe, and the European Union. The Council of Europe has adopted a Convention on Action against Trafficking; the OSCE is putting more emphasis on trafficking of men for labour exploitation, a prevalent form of trafficking including in the construction sector and  through domestic servitude; and the EU is working on a new Directive on Preventing and Combating Trafficking in Human Beings, and Protecting Victims.

Six UN Agencies Advocate for Change

As this is a matter of great concern to the UN, six UN agencies -- the UN Office on Drug and Crime (UNODC), the UN High Commissioner for Human Rights (OHCHR), the UN High Commissioner for Refugees (UNHCR), the UN Children’s Fund (UNICEF), the International Labor Organization (ILO) and the UN Development Fund for Women (UNIFEM - part of UN Women) -- have jointly submitted their views and suggestions on the proposal for a Directive to ensure that the rights of victims of trafficking are effectively addressed in European Union rules.

Beyond this Directive, the six UN agencies also call on the EU to address victims’ rights in a comprehensive manner, including their residence status in line with the new prevention and protection focused approach. The UN agencies also encourage the EU to adopt a human rights-based and gender sensitive approach in its future strategy against trafficking

UNHCR Guidelines on Victims of Trafficking available here.