The EU's Fight against Trafficking in Human Beings for the purpose of Sexual Exploitation

Mgr. Jeong Yeoul Kim, B.A.

Master's thesis

Abstract:

Trafficking in Human Beings (THB) for the purpose of sexual exploitation, often referred to as a revived form of slavery, has become one of the most serious global problems. In particular, member countries of the European Union have been major destinations of THB and need intensified cooperative measures and legislations for combating THB. With the dissolution of the Soviet Union and the destruction of the communist system, THB in Europe has recorded an increasing trend of trafficked persons from the countries of the former Soviet Union and from Central, Eastern and Southeast Europe. In 1995, the International Organization of Migration (IOM) estimated the number of trafficked women and children to Western Europe to be 500,000, some of whom were estimated to be trafficked from Central and Eastern Europe and the CIS after the fall of the Berlin Wall. In 2003, the EU reported that Balkan criminal networks traffic around 200,000 women per year for the sex trade. It is difficult to analyze and study characteristics and traits of THB in Europe due to the hidden and secretive nature of trafficking activities, resulting in lower availability of data and information, therefore the outcome is logically somewhat restricted and imperfect. Analysis has identified five THB routes into the EU. Western European countries have been major destinations for victims trafficked from non-European countries as well as from other European countries. Central, Eastern and South-East European countries have usually played the role of origin countries for victims of human trafficking, whereas victims are usually destined to be exploited in the western and southern parts of the continent. Concerning the profile of victims, it was found that majority of victims of THB are in their late teens and twenties, female, and foreigners in most destination countries. In addition, the majority of victims have below-average education and cannot speak the native language of the destination country; they have difficulties with asking other people for help to escape from their situation as they have usually been isolated from other people and are afraid of being arrested or banished for their illegal entry to the country or for illegal prostitution, drug use or other crimes. Regarding the characteristics of traffickers, it was found that information on traffickers is sparse, with very restricted knowledge on gender, age or nationality. Discovered data reveal that recruiters are older than those they recruit; the majority of traffickers are male, however, females also commit trafficking, generally in women and girls for purposes of sexual exploitation. Similarly, the background of traffickers, including their criminal history, is largely unknown. Some traffickers victimize their own family members and some family members collaboratively engage in trafficking operations; many of them are nationals of the country in which they operate, whether the county is an origin, transit or destination country, or at least they are familiar with the country, staying there for a considerable time. Accordingly, it was learned that, on the one hand, traffickers can easily lure victims in an origin country because they speak the same language and share strong cultural and ethnic homogeneity with their victims. On the other hand, in a destination country, native traffickers can easily hold foreign victims who are unfamiliar with the destination and the native language, in contrast with the traffickers’ own familiarity with the destination. Typical roles in trafficking are as follows: • those that recruit and procure; • those responsible for smuggling and transport; • those providing false or counterfeit identity and travel documents; • those seeking to corrupt law enforcement officers or others holding public office; and • those involved in the provision, management and control of safe houses, bars and nightclubs, as well as brothel owners and pimps. The usual modus operandi is

Abstract:

as follows; in recruiting, offenders use a variety of means to exploit victims and make them dependent, including deceit, coercion, and the use of force and violence, including rape and abduction. In transporting, offenders move victims directly to their ultimate destination, usually in small groups, and hand them over to their eventual employers, or move them in stages and sell victims on to other criminals. Once in destination, traffickers employ continuous control mechanisms such as debt bondage, isolation, the use of violence and fear, and the threat of violent reprisals against loved ones to ensure that the victims will continue to work as they have planned and will not try to escape. Consequently, victims are enslaved physically and at the same time psychologically to traffickers, and rarely seek to escape from their traffickers. The EU has established some significant legislative and practical measures for combating THB. First, for the sake of the protection of victims, the EU has legislated measures such as allowing residency permits valid for at least six months for victims who have shown a clear intention to cooperate with the competent authorities, and victims’ rights and measures for the safety and security of victims in criminal proceedings. Second, concerning the prevention of THB, the EU has supported data collection, research and awareness-raising measures, including campaigns and education. Further, the EU has endorsed border measures including measures relating to travel and identity documents, and other related measures. Third, in relation to the investigation and prosecution of traffickers, the EU has legislated and practiced measures such as the definition of trafficking in member states’ criminal codes; extraterritorial legislation on child sex tourism; the establishment of relevant institutions at EU level; promotion of capabilities of law enforcement and prosecution bodies against THB in member states; intensified mutual assistance over criminal justice activities between EU members, such as joint investigation teams; and cooperation with non-EU states. Even so, it has been found that the EU legislations and measures for combating THB are still inefficient because there are no legally-binding articles on early identification, on non-punishment provision for victims, or on the repatriation and return of victims, which are prerequisites for the protection of victims. Furthermore, there is no legally-binding regulation on the prevention of THB in EU legislation. Furthermore, it was analyzed that there have been some developments in supplementation, such as on the criminal legislative framework; on efficient and active law enforcement activity and the prosecution of member states for the prosecution of traffickers; and on data analysis and evaluation mechanisms on the member states’ activities and products on a regular basis. Therefore, concentration on some focal points in the EU legislation for combating trafficking is suggested as follows. First, establishing a fundamental and comprehensive regulation in the EU is required for the effective combat against trafficking. This proposal goes in line with the current increasing trends in THB in EU countries, while at least expeditious adoption of the internationally-accepted UN legislation in all EU member states is suggested. Second, the criminalization of THB in the EU member states’ national criminal codes using a common definition of the offense is suggested as a way to improve cooperation in criminal affairs. In addition, coordinated legislation and measures for the conscious purchases of sexual services from a THB victim and the establishment of legally-binding regulations on the non-punishment of victims who have been compelled to become involved in unlawful activities and have themselves become traffickers for specific reasons is also suggested. Third, to urge member states to focus on combating THB and strengthening the protection of victims, I recommend making clear provisions in EU legislation for combating THB that would concretely declare victims’ rights and states’ obligations, including compensation for states’ violation of the related laws and regulations. Fourth, the measures to deter traffickers, including ex-convicts of THB and potential traffickers such as pimps and brokers, from committing the crime of trafficking, such as the employment of corrective education, probation, police supervision and electronic tagging, is suggested. Last but not least, the study and establishment of measures and legislation for strengthening law enforcement activities for combating THB at EU level is suggested. In addition, during this study, challenges and limits have been encountered. Reports and quantitative results written in English from each member state have been insufficient to allow evaluation and comparative analysis. Furthermore, recently-practiced measures for combating THB would need some time before their products can be evaluated. However, the EU’s continuous complementation of and encouragement for combating THB to member states is necessary in order to save victims and make them free psychologically and physically from enslavement by evil-doers.

Keywords

Trafficking in Human Beings, the European Union, combat trafficking, sexual exploitation, Europol, Eurojust, Frontex, trafficking network, source, origin, transit, destination, combating trafficking, human smuggling, victim, trafficker, push factor, pull factor, profile, health risk, trafficking enterprise, trafficking process, modus operandi, recruit, control mechanism, prevention of trafficking, protection of victims, prosecution of traffickers, residence permit, identification of victims, data collection, awareness-raising measures, border measures, mutual legal assistance, joint investigation teams, repatriation, criminal justice activity

Language used: English

Date on which the thesis was submitted / produced: 4. 5. 2010

Thesis defence

• Date of defence: 2. 6. 2010
• Supervisor: Mgr. Hubert Smekal, Ph.D.
• Reader: JUDr. Mgr. Ivo Pospíšil, Ph.D.

Masaryk University

Faculty of Social Studies

Master programme / field:
Political Science / European Politics (Eng.)