Human trafficking: a stronger ‘no’

One European initiative to counter the trafficking of human beings is the “Networking Against Human Trafficking” (Ahtnet), a trans-national partnership involving four projects that form part of the EU programme Equal II. The projects are being run in Greece, Latvia, Italy and Sweden. The partnership is networking through the exchange of experiences and good practices, and the experimentation of information and awareness-raising projects for diversified groups (social workers, media, citizens, politicians). The actions planned in the various countries include the mounting of a travelling multi-media exhibition; the collection of human experiences of individuals involved in the phenomenon; study meetings in the four participating countries; and a final seminar in Brussels. One of the requests made to the governments of the four countries is the ratification of the Warsaw Convention of 2005 against the trafficking of human beings, signed by 29 countries but ratified only by 7. It will only come into force once it is ratified by 10 States. Many recommendations on the matter have also been made by the European Parliament and the Committee of the Regions. WHAT DOES TRAFFICKING REALLY MEAN? “The trafficking of persons is the displacement of a person from the place where he/she normally resides by force or by false promises, with a view to the exploitation of that person’s body (or parts of it)”. That’s how the promoters of the European initiative define the phenomenon. “Guidelines” were recently presented to journalists in Italy with a view to sound information on the phenomenon of human trafficking, with some recommendations on how to provide “non-sensationalist information”, including the elimination of the word “prostitute” to describe the victims of trafficking for sexual exploitation and the avoidance “of ambiguity and confusion between trafficking and related phenomena such as clandestine immigration, prostitution, black market work, and such offences as begging, theft and drug pushing”. LEGISLATION IN SOME EUROPEAN COUNTRIES. In ALBANIA the Albanian Penal Code regards the trafficking of human beings as a criminal offence, yet the legislation remains inadequate and the cases of application limited. In AUSTRIA trafficking for purposes of prostitution is punished by article 217 of the Penal Code, but no article specifically condemns trafficking for purposes other than prostitution (domestic slavery, economic exploitation, or even strip-tease and animation in discotheques). Article 5 in the law on foreigners was introduced in 2000 to crack down on economic exploitation. In BELGIUM a law was adopted in 1995 on human trafficking and child pornography. In BULGARIA , one of the main countries of origin of the victims, legislation does not define the trafficking of human beings. However some articles of the Bulgarian Penal Code condemn certain aspects of it. ITALY is the only European country to consider the trafficking of human beings as a contemporary form of slavery, under article 600 of the Penal Code, the Merlin Law of 1958 and articles 609 and 630 of the Penal Code. Article 18 of the Single Text on immigration disciplines the issuing of special residence permits for foreigners who are the victims of violence or of grave exploitation. In FRANCE neither slavery nor human trafficking constitute a penal offence. Despite that, some articles of the Penal Code cover some associated offences and the crackdown on human trafficking has for some time been regarded as a priority. GERMANY enjoys a penal regime incriminating the trafficking of persons. But its definition is limited to the exploitation of prostitution of others and does not take economic exploitation into consideration. The government of LITHUANIA has pledged to respect the minimum international standards in the fight against traffickers. Provision is made for the creation of specialized centres and the funding of programmes for the reintegration of victims. The Lithuanian Penal Code prohibits trafficking, defined as the activity of selling or purchasing a person with a view to obtaining a personal or material profit. MOLDAVIA has also pledged its international support for the anti-trafficking campaign. Nonetheless, its legislation on the matter and penal proceedings are inadequate and the lack of financial resources poses objective problems. In ROMANIA the Parliament has adopted a “Law on the prevention and fight against the trafficking of human beings”, which also provides measures for the protection and assistance of the victims. RUSSIA, one of the main countries of origin of the victims, makes no provision in its Penal Code for the offence of the trafficking of human beings, but it does condemn certain aspects of it. In UKRAINE the Penal Code was reformed in 1998 and article 124 gives a definition of trafficking. The punishment provided by the statute book is imprisonment from three to eight years, with aggravating circumstances. HUNGARY is simultaneously a country of transit, of origin and of destination of the victims. New provisions condemning trafficking as a crime against personal freedom and human dignity were introduced into the Hungarian Penal Code in 1999. In addition there are many measures to protect the victims, with programmes of social, medical, legal and administrative assistance.