COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT ON TRAFFICKING IN WOMEN FOR THE PURPOSE OF SEXUAL EXPLOITATION
Date: 1996-11-20
Institutions: European Commission
Subjects: EU action, cooperation policy, prostitution, trafficking in human beings, women's rights

fHWS* 

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  20.11.1996 
COM(96)  567  final 

COMMUNICATION  FROM  THE  COMMISSION 
TO  THE  COUNCIL  AND  THE  EUROPEAN  PARLIAMENT 

ON  TRAFFICKING  IN 
WOMEN  FOR  THE  PURPOSE  OF  SEXUAL 
EXPLOITATION 

PART I: GENERAL  FRAMEWORK 

CONTEXT 
SCOPE 
BACKGROUND 

PART  II:  DEVELOPMENT  OF  AN  INTEGRATED  MULTIDISCIPLINARY 

POLICY 

II.  1 : INTERDISCIPLINARY  PROPOSALS 

II.  1.  a:  The  "STOP"  Programme  against  trafficking  in  human 

beings 

II.  1.  b:  Need  for  improved  data  and  research 
IT.  1.  c:  Cooperation  and  Coordination 
II.  1.  d:  Information  campaigns 
IT.  1.  e:  Training 

II.  2  :  MIGRATION 

IT. 2.  a:  Migration  Training 

II.  2.  b:  Temporary  Permit  of  Stay 

II.  3  : JUDICIAL  COOPERATION 

IT. 3.  a:  Existing  International  Instruments 
IT. 3.  b:  National  Legislation 
II.  3.  c:  New  European  Union  Legal  Instrument 
IT. 3.  d:  Sanctions 
II.  4  : POLICE  COOPERATION 

IT. 4  a:  Cooperation  and  Communication 
IT. 4.  b:  Law  Enforcement  Training 
IT. 4.  c:  Third  Countries 

II.  5  : SOCIAL  AND  EMPLOYMENT  DIMENSION 

II.  5.  a:  Information 
IT. 5.  b:  Social  Programmes 
II.  5.  c:  Reception  and  Rehabilitation  Centres 
II  5.  d:  Employment  Conditions 
II  .  5.  e:  Training  in  the  Social  Field 

PART  III: COOPERATION  WITH  THIRD  COUNTRIES 

III.  1 : CENTRAL  AND  EASTERN  EUROPE  AND  THE  NIS 
III.  2  : AFRICA,  CARIBBEAN  AND  PACIFIC  COUNTRIES  (ACP) 
III.  3  : ALA/MED  COUNTRIES 

PART  IV:  CONCLUSION 

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ANNEX  1: Complete  List  of  Action  Points  in  Communication 

ANNEX  2: Excerpts  of  main  texts  on  trafficking 

ANNEX  3: Detailed  bibliography  on  Trafficking  in  Women  in  Europe 

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PART I: GENERAL FRAMEWORK 

CONTEXT 

Trafficking  in  women  for  the  purpose  of  sexual  exploitation  is  an  increasing  type  of 
international  organised  crime  generating  high  profits  with  relatively  low  forms  of  risk  for 
traffickers.  Thousands  of women  are being  trafficked  from  developing  countries  and  Central 
and  Eastern  Europe  to  Western  Europe  and  brought  into  conditions  in  which  their  basic 
human rights are violated. Only  a minority  of cases are reported  and convictions of  traffickers 
are  rare. 

Public  concern  and  international  awareness  have  increased  through  the  work  of  non 
governmental  organisations  (NGOs),  the  United  Nations  and  the  Council  of  Europe.  The 
Justice  and  Home  Affairs  (JHA)  Council  of  the  European  Union  agreed  a  set  of 
recommendations  in  November  1993  to  the  Member  States  to  counter  trafficking1,  and  in 
addition  to  a  number  of  resolutions,  the  European  Parliament  produced  a  unanimous  report 
and  resolution  on trafficking  in human  beings  in December  19952.  In  a major  conference  in 
Vienna  in  June  1996,  the European  Commission  took  the  initiative  of  bringing  together  for 
the  first  time,  experts,  NGOs,  academics,  law  enforcement  and  immigration  officials,  and 
government and parliamentary representatives.  The conference identified  a number of  specific 
areas  for  action,  and  adopted  a set  of  recommendations,  including  development  at EU  level, 
of  a  comprehensive  action  plan  for  a  structured  approach. 

The  purpose  of  this  Communication  is to  stimulate  a broad  policy  debate,  and  to  promote  a 
coherent European  approach  to these issues.  At the same time, whilst  considering  the actions 
currently  under  debate  in  the  JHA  framework,  it  seeks  to  identify  concrete  and  rapidly 
achievable  proposals.  The  Commission  believes  that  such  an  approach  should  include 
measures  to  improve  both  international  and  European  cooperation,  whilst  putting  more 
effective  measures  at  national  level  in  place. 

SCOPE 

Any  initiative  to  combat  this  form  of  international  organised  crime  must  devote  central 
attention  to the  devastating  effect  it has on the victims.  The  human  rights of women  include 
their  right  to  have  control  over,  and  decide  freely  on  matters  relating  to  their  sexuality, 
including  sexual  and  reproductive  health, free  of coercion,  discrimination  and violence3.  The 
Communication  will  thus  be  limited  to the  particularly  serious  abuse  of  human  rights  which 
is  involved  in  trafficking  for  sexual  purposes4. 

Recommendations on  Trade  in  Human  Beings  - Council  Press  Release  10550/93  of  29-^0  November 
1993,  see  Annex  2. 
Report  on  Trafficking  in  Human  Beings  of  the  Committee  on  Civil  Liberties  and  Internal  Au.ui^. 
Rapporteur  Mrs  Maria  Paola  Colombo  Svcvo,  of  14  December  1995, A4-0326/95. 
United  Nations  Fourth  World  Conference  on  Women  -  Beijing  1995, see  also  Annex  2 
In the  Commission  Communication  on  Incorporating  Lùjual  Opportunities  for  Women  and  Men  in all 
Community  Policies  and  Activities"  (COM  (96)  67).  the  questions  of  violence  against  women  and 
trafficking  in  persons  were  touched  upon. 

Although  this Communication  concentrates on women,  trafficking  of women  raises questions 
which  are  also  relevant  to  traffic  in  children.  However,  current  concern  about  abuse  and 
exploitation  of  children  raises  many  other  issues beside  trafficking  which  must  therefore  be 
specifically  addressed.  The particular needs and situation  of children require targeted  analysis 
and  responses,  both  socially  and  legislatively.  The  Commission  is investigating  the ways in 
which  the  European  Institutions  may  further  contribute to  this  fight  after  the  Commission's 
first  reactions  in  an  "Aide-Memoire"5  at  the  Informal  Justice  and  Home  Affairs  Council  on 
27  September  1996.  The  Commission  intends  to  follow  the  conclusion  from  the  recent 
Stockholm  World  Congress  against  Commercial  Sexual  Exploitation  of  Children,  that  a 
coherent  and  coordinated  approach  is needed.  All forthcoming  Commission  initiatives  which 
have  a bearing  on  prevention  of  abuse  or  sexual  exploitation  of  children  will  be prepared  in 
this  broader  perspective.  A  Communication  including  immediately  realisable  measures  to 
combat child  pornography  on the Internet,  and a Green Paper on the Protection  of Minors and 
Human  Dignity  establishing  a longer  term  action  plan,  were  adopted  by  the  Commission  on 
16  October. 

The  Communication  defines  trafficking  as the transport  of women  from  third  countries  into 
the European  Union  (including  perhaps  subsequent  movements  between  Member  States)  for 
the  purpose  of  sexual  exploitation.  A  distinction  must  be  made  between  legal  and  illegal 
entry.  Some  women  enter  legally,  either  because  they  come  from  countries  whose  nationals 
are  not  required  to  hold  a visa  in  order  to  enter  for  a short  period  stay  into  the territory  of a 
Member  State, or  are in possession  of a short  stay visa or even  of a longer  term  work  permit, 
for  example  as  a  "dancer".  This  may  be  a cover  for  prostitution. 

Trafficking  for  the  purpose  of  sexual  exploitation  covers  women  who  have  suffered 
intimidation  and/or  violence  through  the trafficking.  Initial  consent  may  not  be relevant,  as 
some  enter  the  trafficking  chain  knowing  they  will  work  as  prostitutes,  but  who  are  then 
deprived  of  their  basic  human  rights,  in  conditions  which  are  akin  to  slavery.  The 
Communication  does  not  however  seek  to  address  the  question  of  women  who  are  not  put 
under  duress by  a third  party  to travel  to work  as prostitutes over borders, nor does it address 
the  questions  of  black  market  labour  in  other  sectors  in  the European  Union. 

BACKGROUND6 

How  many  victims  of  trafficking  are  there? 

There  is  no  doubt  that  trafficking  in  women  conducted  by  organised  criminals  is  on  the 
increase.  Although  accurate  figures  are  not  available,  partly  because  of  the  illegal  and 
clandestine  activities  involved,  and  partly  because the problem  has  not been  fully  recognised 
at an official  level  in many countries, there are some national  studies7, The IOM (International 
Organisation  for  Migration)  estimates  that  some  500,000  women  were  trafficked  in  1995, 
most  of  them  illegally,  to  the  countries  of  the  EU,  and  research  by  the  NGO  International 

available  from  the  Task  Force  for  Justice  and  Home  Affairs  of  the  Commission, 
information  based  largely on data gathered during the Conference  held  in Vienna and on IOM studies -
see  also  Bibliography  in  Annex  3. 
for  example  at  a  national  level,  such  as:  "Traite  des  circs  humains  -  vers  une  politique  de  volonté 
commune",  Centre  pour  l'égalité  des  chances  et  la  lutte  contre  le  racisme,  March  1996  (Belgium). 

Campaign to End Child Prostitution  in Asian Tourism  (EPCAT) recently observed clear trends 
involving  large  numbers  of  women  and  girls  from  Russia,  Ukraine  and  Belarus  being 
transported  westwards8.  Figures  reported  by  national  NGOs  also  suggest  an  increasing 
number  of  women  originating  in  Central  and  Eastern  Europe9. 

What  are  the  causes? 

IOM  studies  indicate  that  the  causes  of  migration  related  to  trafficking  in  women  can  be 
found,  inter  alia,  in  the  lack  of  opportunity  in  the  countries  of  origin,  extreme  poverty  in 
many  developing  countries  and  marginalisation  of  women  in  the  source  countries.  Poor  or 
non-existent  education  is  also  of  critical  importance,  and  in  areas  where  unemployment  is 
high,  women  tend  to  be  more  severely  affected  than  men.  It  also  appears  that  demand  for 
"exotic" prostitutes is growing, and women from  countries which have a sex tourism  industry 
are  more  likely  to  be  trafficked  abroad.  Increasingly  strong  organised  crime  networks  also 
act both  to  stimulate  demand,  and  to  lure  potential  victims  into  the  trade. 

Which  countries  are  involved? 

It  appears  that  trafficked  women  come  from  almost  all  over  the  world:  more  from  some 
regions  and  countries  than  others.  For  example,  Ghana,  Nigeria  and  Morocco  in  Africa, 
Brazil  and  Colombia  in  Latin  America,  the  Dominican  Republic  in  the  Caribbean,  and  the 
Philippines and  Thailand  in South East Asia appear to be particularly  affected.  IOM research 
also  shows  that  there  are well  established  links  between  certain  source  and  host  countries10. 
Furthermore,  after  the  emergence  of  the  New  Independent  States  and  the  fall  of  the  Berlin 
wall,  it  has  been  noted  that  a  large  number  of  Central  and  East  European  countries  have 
become  source  and/or  transit  countries. 

The flow  is towards industrialised  countries, and involves, to a greater or lesser extent,  all EU 
Member  States.  The  Commission  is conscious that  trafficking  within  and between  countries 
in  other  regions  of  the  world,  where  the  EU  has  only  an  indirect  way  of  influencing  the 
situation,  also  exists. 

How  does  trafficking  occur? 

Law  enforcement  experience  shows  that,  although  there  is  small-scale  traffic  involving  few 
individuals, there are, more importantly,  large enterprises  and international  networks  creating 
a sophisticated  and well organised  "industry"11, with political  support and economic  resources 
in  countries  of  origin,  transit  and  destination.  Corruption  of  officials  has also been  reported. 
Routes  and  transport  obviously  depend  on  the  geographical  proximity  of  the  source  to  the 
receiving  country.  Women  entering  the EU  from  Central  and  Eastern  Europe  tend  to  arrive 

8 

"Commercial  Sexual  Exploitation  of  Children  in  some  Eastern  European  Countries"  EPCAT,  March 
1996. 

9  Dutch  Foundation  against  Trafficking  in  Women  (STV)  1994  and  1995  reports. 
10 

"Trafficking  and Prostitution: The  Growing Exploitation  of Migrant  Women from  Central  and  Eastern 
Europe",  May  1995. 
"Trafficking  in women  for  purposes  of  sexual  exploitation",  Dr  W Bruggeman,  Europol  Drugs  Unit, 
conference  paper  for  Vienna  Conference. 

11 

by  train  or  private  car,  whilst  women  from  further  away  enter  by  plane. 

Who  are  the  women? 

The women  are normally  very  young  (most  of them  under  25 and  many  underage).  An  IOM 
study12  suggests  that  a  distinction  should  be  made  between  the  trafficking  of  women  from 
Central  and  Eastern  European  countries  and  from  developing  countries.  Women  from 
developing  countries  tend  to  be  older,  and  are more  likely  to be  married  and  have  children. 
Women  from  Central  and  Eastern  Europe  appear  to  be  younger  and  better  educated. 

PART n:  DEVELOPMENT  OF AN INTEGRATED  MULTIDISCIPLINARY  POLICY 

The main conclusion from  the European  Commission  Conference  in Vienna in June  1996 was 
that  trafficking  cannot  be  tackled  effectively  without  a  multidisciplinary  and  coordinated 
approach  which  involves  all  concerned  players  - NGOs  and  social  authorities,  judicial,  law 
enforcement  and  migration  authorities  -  and  which  involves  both  national  and  international 
cooperation. 

The recommendations  from  the  Conference  point  to a lead  responsibility  for Member  States, 
because many  issues either  need  to be or can best be tackled  at national  level.  However,  the 
transfrontier  nature  of  the  issues  also  requires  action  at  European  Union  level:  firstly  by 
initiating  actions  at European  level  or  by  complementing  national  actions;  secondly  through 
Community  cooperation  with  third  country  partners.  All the instruments  available  to the EU 
under the Treaty  need  to be mobilised,  both in the Community  context,  and  in the third  pillar 
on justice  and  home  affairs13. 

The  Commission  attaches  special  importance  to  the  work  of  NGOs  and  civil  society  in 
combating  trafficking.  NGOs  have  demonstrated  their  ability  to  devise  innovative  ways  of 
reaching  and  helping  victims  of  sexual  exploitation.  They  have  a  vital  role  in  sensitising 
governments  and  the  public  and  in  lobbying  for  legislative  change. 

In parallel with the Commission's  follow-up  to the Vienna Conference,  the Member  States are 
already  taking  steps to improve cooperation  in the third  pillar,  and  a number  of initiatives  are 
under  negotiation  at  present.  This  Communication  is intended  to  complement  those  actions 
It  is  also  the  first  internal  step  for  the  Commission  to  develop  a  coherent 
in  other  fields. 
strategy  in  its  actions  - within  its  competence  - to  help  victims. 

In  line  with  the  key  areas  identified  at  the  conference,  the  Communication  makes  the 
distinction  between  migration,  judicial  cooperation,  law  enforcement,  social  issues,  and 
international  issues.  However,  actions  taken  in  these  areas  must  also  be  seen  in  a  broader 

sec  footnote  10. 
11lie VI of the Treaty  on European Union  (the so-called  "third pillar") provides for  the Member  States 
to  regard  certain  interior  and justice  issues  (particularly  immigration  and  asylum,  police  and judicial 
cooperation)  as  matters  of  common  interest.  The  forms  of  cooperation  provided  for  differ  from  the 
European  Community's  mechanisms  in  a  number  of  respects,  such  as  a  general  requirement  for 
unanimous  decision-making,  and  a  limited  right  of  initiative  for  the  Commission. 

perspective,  and  a  number  of  recommendations  are  of  a  multidisciplinary  nature  because 
certain  of  the  problems  addressed  are  interrelated14.  This  paper  first  deals  with  the 
multidisciplinary  issues,  and  then  looks  at  specific  fields. 
In  each  chapter,  the  Vienna 
Conference  recommendations  are  recalled  (in  italics)  and  action  points  suggested  (in  bold). 
For  each  action  point  identified,  the  Commission  suggests  where  responsibility  for  taking  it 
forward  lies15. 

II.  1 : INTERDISCIPLINARY  PROPOSALS 

II.  1.  a:  The  "STOP"  Programme  against  trafficking  in  human  beings 

Among  recent  initiatives  taken  in  the  field  of  justice  and  home  affairs,  an  incentive  and 
exchange programme  for  persons  responsible  for  combating  trafficking  in human  beings  and 
the  sexual  exploitation  of  children,  is  expected  to  be  adopted  soon.  This  will  be  known  as 
the "STOP" Programme (Sexual  Trafficking  of Persons), and once in place (it is hoped  before 
the  end  of  1996)  the  programme  should  be  a useful  instrument  to  fill  the  gaps  identified  in 
the field,  particularly  for  data and research,  dissemination  of information  between  authorities, 
and training.  It is expected that 6.5 MECU will  be available for  the next five years under this 
programme  (0.5  for  1996  and  1.5  for  1997  onwards),  depending  on the  appropriation  which 
is voted  annually  by  the Budgetary  Authority. 

EU  action  point: 

Rapid  adoption  and  implementation  of  the  joint  action  on  the  above-mentioned 
programme. 

IT.  1.  b:  Need  for  improved  data  and  research 

The  lack  of  reliable  data  on  all  aspects  of  trafficking  has  so  far  hampered  targeted  action. 
Specialist research  projects which complement the few existing studies are required,  including 
social  and  economic  research  on  the  structural  causes  (poverty,  inequality,  social  exclusion), 
as well  as on  clients. 

In addition, the paucity  of figures  on victims and the scale of networks is particularly  striking. 
There  are weaknesses  in  data  collection  and  methodology,  in  particular  the  problem  of  non-
comparable  definitions,  and  to  date  no  regular  reports  to  evaluate  trends.  This  is  true  both 
at national, regional  and  international  level.  In order to plan  precise, well-targeted  preventive 

For example,  the  proposal  for  a temporary  permit  of  stay, which  is dealt  with  under  migration  issues, 
has as  its  purpose  the  facilitation  of judicial  proceedings.  Another  example  is the  close  link between 
improved  information  and  strengthening  of  coordination.  Furthermore, the difficulty  of establishing a 
clear distinction between authorities and actions was seen during the conference  debates and all experts 
were  agreed  that  no  single  agency  could  deal  with  the  issue  on  its  own. 
either consideration by the Member States acting at national level, or for the European Community  (first 
pillar  i.e. Treaty  of  Rome)  or  the European  Union  (third  pillar  i.e.  cooperation  in the  Fields of justice 
and  home  affairs),  or  for  direct  action  by  the  Commission. 

programmes,  a  clearer  picture  of  the  relative  importance  of  different  source  and  transit 
countries  is  required  (although  organisations  such  as  the  IOM  have  done  useful  work  on 
migration  flows).  Furthermore,  exchange  of  knowledge  of  systems  used  by  traffickers, 
including  information  on  routes  and  use of  false  documents,  is needed  to improve  efficiency 
of  controls  by  migration  authorities.  Those  with  expertise  in  the  field  should  be  involved, 
such  as  European  NGOs  and  NGOs  in  the  source  and  transit  countries  (which  need  to  be 
identified  as  part  of  the  research).  Of  note  is  the  practice  of  some  Member  States  to 
commission  national  annual  situation  reports  provided  by NGOs. 

A  system  to  ensure  regular  provision  of  information  will  be  needed  to  enable  authorities  to 
adapt  policies  on  an  ongoing  basis.  Certain  aspects  of  research  will  need  to be  done by  law 
enforcement  authorities, particularly  development of standardised and comparable figures, and 
the  Commission  hopes  it  will  be  possible  for  national  law  enforcement  bodies  and  the 
international  bodies  (Europol  and  Interpol)  to  cooperate  with  civil  research  and  specialised 
organisations  such  as the IOM,  and  avoid  duplication  of effort.  However,  although  this may 
be  a valuable  long  term  objective,  it  does  not  seem  to the  Commission  to be  realistic  at  this 
stage to  organise  the  production  of  a consolidated  annual  situation  report  covering  all  areas. 
Specific  studies  and  reports  will  be  of  greater  value  to  Member  States  better  to  identify 
effective  actions,  and  also  provide  a  firm  basis  for  further  follow-up  action  by  the 
Commission  in  its  areas  of  competence. 

Community  and  Commission  action  points: 

To  use  and  develop  as  far  as  possible  Community  social  budget  lines  to  investigate 
the  above-mentioned  areas16,  along  with  studies  on  the  role  of  trafficking  in  the 
spreading  of  sexually  transmitted  diseases  and  drug  abuse.  To  identify,  through 
specialised  workshops  of  practitioners  and  researchers,  the  priority  areas  for 
specialised  research; 

To  publish  and  make  available  Commission-funded  research. 

EU  action  point: 

To  allocate  appropriate  studies under  the  "STOP"  programme,  particularly  taking  the 
future  work  of  the  Europol  Drugs  Unit  into  account. 

IT.  1.  c:  Cooperation  and  Coordination 

A clear conclusion  to be drawn from  the lack of comprehensive information  available to assist 
agencies,  is  that  there  is  an  urgent  need  to  share  what  information  is  available,  and  for 
agencies  to  act  in  a  coordinated  manner.  At  the  Vienna  Conference,  both  government 
authorities  and NGOs felt  that  there was insufficient  contact between  the persons involved  in 
the  various  stages  of  help  for  victims,  and  repeated  calls  were  made  for  national  central 
coordinating  bodies  to  be  set  up  in  the  Member  States,  made  up  of  law  enforcement, 
migration,  judicial  and  social  authorities,  and  also  of  members  of  NGOs.  Clearly,  the 

for example, the Fourth Programme  on Equal  Opportunities. 

establishment  of  such  bodies  is  a  matter  for  the  Member  States  alone  to  decide,  but  the 
Commission  finds  it  hard  to  see  how  trafficking  could  be  effectively  combatted,  at  national 
as  well  as  at  international  level,  without  forms  of  internal  coordination.  Mechanisms  for 
centralisation  of  data would  assist  the  creation  of  comparable  information,  but  there  appears 
to  be  a lack  of  contact  also  on  individual  cases,  for  which  forms  of  communication  need  to 
be  improved. 

It is not only within  or between  Member  States that  increasing  coordination  would  be  useful. 
Other international  organisations  are also active in this field. The Council  of Europe, through 
the work  of its Steering  Committee for  equality  between  women  and men  (CDEG), has been 
active  in  the  field  of  trafficking  in  women  and  forced  prostitution  since  September  1991, 
when  it  organised  a  Seminar  on  action  against  traffic  in  women17.  As  a  follow-up  to  the 
Seminar,  the CDEG established  a Group of Specialists on action against traffic  in women  and 
forced  prostitution,  which,  in  1994,  defined  an  action-oriented  list  of  priorities  to  be 
considered  by  the  Steering  Committee.  Subsequently,  the  CDEG  asked  an  expert  consultant 
to draw up  a Plan  of  Action, based  on the recommendations  made in the report  of the  Group 
of  Specialists18. At a recent meeting on 22-25 October  1996, the CDEG decided  that it should 
consider  setting  up  a multi sectorial  Group  of  Specialists,  entrusted  with  preparing  proposals 
for  concrete  action  which  might  take  the  form  of  a  Recommendation. 

The  Commission  will  seek to improve  its links with  international  and  regional  organisations 
such as the United Nations,  Council  of Europe, EU institutions  and  other regional  groupings, 
in  order  to  identify 
improved 
complementary  policies.  These include  support  for  bodies  that monitor  and  promote  actions 
addressing  the  specific  problem  of  trafficking,  promotion  of  medium  and  long  term 
programming  of  priority  activities  to be  implemented  jointly,  and  stepping  up  exchanges  of 
information  on  activities  under  way  and  on  relevant  research  projects. 

the  relevant  needs  and  priorities,  and  to  benefit  from 

Since  the  Vienna  Conference,  the  Commission  has  appointed  a  coordinating  point  for  its 
actions19.  The  Commission  would  also  like to  see  more  contact  between  NGOs  in  different 
countries  for  exchange  of  best  practice  and  possible  common  projects. 

Member  State  action  point: 

To  consider  ways  of  improving  collection  of  national  data,  and  for  communication 
mechanisms  between  concerned  groups  and  authorities. 

Member  State  and  Commission  action  point: 

To  coordinate  closely  work  in  the  Council  of  Europe. 

EU  and  Commission  action  points: 

sec  "Proceedings  of  the  Seminar,  Strasbourg  25-27  September  1991 
"Plan of Action against traffic  in women and forced  prostitution", Michèle Hirsch. l-G^1^  2. Strasbourg 
1996.  In its preparation of the Vienna Conference, the Commission look the work already  accomplished 
by  the  Council  of  Europe  into  account. 
in  the  Task  Force  for  Justice  and  Home  Affairs. 

To  consider  with  other  international  organisations  coordinated  policies,  and  the 
possibility  of joint  actions; 

To  step  up  dialogue  with  and  encourage  networking  of  NGOs  working  in  different 
countries,  both  in  and  outside  the EU. 

IL  1.  d:  Information  campaigns 

An important measure of prevention  is to provide women in source countries with  information 
about  the  possibilities  and  the  limitations  of  legal  immigration  and  about  the  risks  of 
exploitation  which  illegal  immigration  presents.  Important  work by NGOs  in third  countries 
is already  done but  needs to be  consolidated  and  extended.  A decisive  role would  appear  to 
be  for NGOs, with  their  specialised  knowledge  of local  conditions through  experience  in  the 
origin  countries.  The  role  of Member  State embassies  and  consulates  is  also  important,  and 
was  recognised  by  the  Council  in  1993,  when  one  of  its  five  recommendations  against 
trafficking20  was  to  launch  information  campaigns  in  diplomatic  and  consular  circles  to 
forestall  the  exploitation  of  prostitution.  Further  work  could  be  done  in  this  respect  in 
conjunction  with  host  governments,  perhaps  also  by  targeting  young  people  in  education. 

Information  on  ways  of  seeking  assistance  must  be  directed  to  women  who  have  been 
trafficked  and  are  in  the  EU.  It  is  provided  through  social  and  health  departments,  as  well 
as  through  NGOs  and  the  Commission  is  looking  at  ways  of  assisting  in  the  provision  of 
information.  Women  who  enter  the  EU  in  licit  employment,  but  who  are  forced  into 
prostitution  also  need  to be informed  of their  rights  and  helped  to gain  access  to  systems  for 
the  protection  of  those  rights. 

In  order to discourage  potential  clients, preventive work  on information  on health  risks  could 
be  stepped  up.  This  would  also  help  in  reducing  risks  to  public  health  within  the  EU. 

Community  and  Commission  action  points: 

To find  ways,  with  the  support  of the Budgetary  Authority,  of  increasing  funding  for 
information  work  by  NGOs; 

To  support  information  campaigns  for  assistance  to  victims; 

To  support  information  campaigns  to  discourage  potential  clients. 

Community  and  Member  State  action  point: 

In  accordance  with  the Fourth  medium-term  Community  action  programme  on  equal 
opportunities,  to  encourage  the  setting  up  of  information  systems  on  the  rights  of 
victims;  to  exchange  information  between  Member  States  on  a  regular  basis  on  how 
to  tackle  abuses  connected  with  trafficking. 

Recommendations  on  Trade  in  Human  Beings  - Council  Press  Release  10550/93  of  29-30  November 
1993,  see  Annex  2. 

10 

Commission  action  point: 

To  consider,  with  Member  States,  coordinated  information  campaigns  on  trafficking 
in  third  countries  with  the  EU  delegations. 

IT.  1.  e:  Training 

The  need  for  interdisciplinary,  as  well  as  specific  training  for  each  professional  group  was 
recommended  during  the  Vienna  Conference.  Both  types  of  training  could  be  covered  at 
European  level  by  the  future  Grotius  exchange  programme21,  as  well  as  by  the  "STOP" 
programme. 

Action  points: 

see  particularly: 

II.  2  :  MIGRATION 

II.2.a  - Migration  Training; 
II.4.b  - Law  Enforcement  Training; 
II.5.e  - Training  in  the  Social  Field. 

Migration  issues  (visa,  controls  on  entry  into,  stay  in  and  subsequent  circulation  between  the 
territory  of  the  Member  States)  play  an  important  role  within  the  general  pattern  of  the 
trafficking  phenomenon.  According to the Treaty on European Union, immigration  policy and 
policy  regarding  nationals  of  third  countries,  together  with  rules  governing  the  crossing  by 
persons of the external  borders  of the Member  States and the exercise of controls thereon,  are 
considered  matters  of  common  interest.  (Art.  K.  1 points  2  and  3).  Thus  the  legal  basis  for 
joint  actions  in  the  specific  field  of  migration  policy  exists  in  the  Treaty. 

IT. 2.  a:  Migration  Training 

The  Vienna  Conference  recommended  strengthening  training  and public  awareness  of  civil 
servants  dealing  with  migration  (particularly  those  at  embassies  and  consulates,  and  those 
in  charge  of  the  delivery  of  visas),  and  inclusion  of  "trafficking  in  women"  in  future 
multiannual  exchange  programmes. 

The  Commission  agrees  with  the  need  to  develop  information  and  training  for  embassy  and 
consular  staff,  as  well  as  migration  services  within  the  Member  States. 
In  those  third 
countries subjected  to a visa requirement  to enter the EU, the power of issuing visas  provides 
a  double  opportunity  to  embassy  staff  to  make  would-be  applicants  aware  of  the  risks  and 
realities,  and  to  be  alert  to  the  tactics  of  traffickers. 

The  "Sherlock"  programme  for  training,  exchange  and  cooperation  in  the  field  of  identity 
documents was adopted  on 28 October  on the basis of a proposal  from  the Commission.  This 
programme  aims  at  improving  the  theoretical  and  practical  understanding  of  the  security  of 

This programme  is being set up during  1996 under the third  pillar, and  relates to training and  exchange 
programmes  in  the judicial  Field. 

11 

identity  documents,  and  could  play  a  positive  role  in  the  struggle  against  trafficking  in 
women,  when forgery  and  the use of false  documents occur.  It is expected  that  5 MECU will 
be  made  available  for  the  period  1996-2000  under  the  programme. 

A  Commission  pilot  project  on  migration  and  external  borders  was  carried  out  during  1996 
and  the  Commission  will  shortly  introduce  a  proposal  for  a  multi-annual  training  and 
exchange  programme  for  officials  of  Member  States  dealing  with  migration,  asylum  and 
external  borders. 

EU  action  points: 

To  use  the  "STOP"  programme  for  training  of  migration  officials; 

To  carry  out  training  actions  related  to  false  documents,  in  compliance  with  the 
multiannual  Sherlock  programme. 

Commission  action  point: 

To  introduce  a  proposal  for  a  multiannual  programme  on  training  and  exchange  of 
officials  responsible  for  immigration,  asylum  and  external  borders,  which  will  take 
into  account  the need  for  specific  training  for  the officials  dealing with  these  matters 
in  the  field  of  combatting  and  preventing  trafficking  in  women. 

IT. 2.  b:  Temporary  Permit  of  Stay 

To address  the  issue  of a  temporary permit  of stay for  victims prepared  to  act  as  witnesses 
in  judicial  proceedings,  and  to  have  proper  coordination  between  judicial  and  police 
authorities  to avoid  expulsion  without  consultation. 

Research  shows that trafficked  women who reside illegally  in the countries rarely  escape their 
traffickers.  Fear  of  repatriation  prevents  them  from  cooperating  with  authorities  against 
traffickers.  In  many  cases the victims  are indeed  swiftly  repatriated.  From  the point  of  view 
of  combatting  traffickers,  this  is  an  unsatisfactory  situation,  for  without  the  evidence  of  the 
victims,  cases  may  never  come  to  court.  Since  the  Vienna  conference  an  initiative  by 
Belgium,  including  inter alia  a proposal  for  a temporary  permit  of  stay,  has been  put  before 
the  JHA  Council  and  discussions  are  ongoing.  The  Commission  supports the  principle  of  a 
permit  of  stay,  both  to  combat  traffickers  and  to protect  victims.  It is particularly  important 
to  ensure  that  the  length  of  any  permit  should  at  least  cover  judicial  proceedings  against 
traffickers.  It  should  also be clear that  after  court proceedings,  so long as return  has not  taken 
place,  the  holder  of  the  permit  has  legal  status  in  the  host  country. 

EU  action  point: 

To  reach  rapid  agreement  on  the  draft joint  action  on  a temporary  permit  of  stay  for 
victims. 

II.  3  : JUDICIAL  COOPERATION 

12 

Traffickers  will  continue to take advantage of gaps and limits of the national judicial  systems 
unless judicial  cooperation  between  EU  States  is improved.  Victims  also  need  to be  able  to 
rely  on  the judicial  system,  and  forms  of  witness  protection  are  needed  to  give  victims  the 
opportunity  to speak  out against  their  traffickers.  The Vienna  Conference  raised  a variety  of 
issues of judicial cooperation, including criminalisation of trafficking,  confiscation  of proceeds 
of  trafficking,  and  witness  protection  schemes. 

II.  3.  a:  Existing  International  Instruments 

The position  regarding international  instruments is not satisfactory.  A collection  of more than 
5 international  instruments were drawn up in the period  1900 to  1950 dealing with  trafficking 
in persons and prostitution.  The focus  of these conventions varies but generally  they  provide 
for  the criminalisation  of certain types of behaviour  associated  with the trafficking  of women 
for  the purpose  of prostitution  or make provision  for  cooperation  between  states to  deal  with 
the  problem.  None  of  these  has been  ratified  by  all  15 Member  States. 

II.  3.  b:  National  Legislation 

Preparation  of an  inventory  and  evaluation  of  national  legislation 

In  most  Member  States,  legislation  does  not  specifically  address  the  question  of  sexual 
exploitation  of women  trafficked  from  abroad,  or the  problem  is  addressed  in the  context  of 
procurement for the purposes of prostitution.  However,  some Member  States do take account 
of  the  vulnerable  position  of  women  trafficked  from  abroad. 

EU  action  points: 

To  implement  the  proposal  in  the  "STOP"  programme  to  collect  information  on 
relevant  national  legislation,  to  help  assessments  to  be  made  of  its  effectiveness,  as 
well  as  to  facilitate judicial  cooperation; 

To consider encouraging source third countries to introduce and implement  effectively 
criminal  legislation  against  traffickers. 

II.  3.  c:  New  European  Union  Legal  Instrument 

Improvement  of criminal legislation.  The Vienna Conference made specific  recommendations 
on  criminalisation  of  abuse,  confiscation  of proceeds  and  extraterritoriality,  protection  of 
witnesses  and  sharing  information  on  convictions 

The  various  gaps  and  inconsistencies  identified  in  the  recommendations  would  appear  to 
justify  the introduction  of  a new  legal  instrument  to cover  them.  Since,  however,  the  issues 
named  fall  primarily  in the area  of judicial  cooperation  on criminal  matters, the  Commission 
does not have a right  of initiative22.  It therefore  particularly  welcomes the proposal  put to the 

22  Treaty  of  European  Union  Article  K3(2)  second  indent. 

13 

Council  since the  Vienna  Conference  to  adopt  an  instrument  in  the  form  of  a joint  action  to 
improve judicial  cooperation  in  the  fight  against  trafficking  in  human  beings,  which  makes 
proposals  on  all  the  above  items. 

The  Commission  considers  it  imperative  that  agreement  is  reached  on  the  following  key 
issues: 

the  need  for  measures  which  will  encourage  and  help victims  of  trafficking  to  report 
offences,  particularly  special  arrangements  for  reception  and  provision  of  assistance; 

the  need  to  take  account  of  the  abuse  and  exploitation  of  the  particularly  vulnerable 
position  and  dependency  of  the  victims  regardless  of  apparent  consent; 

arrangements  are required  for  dealing with  protection  of witnesses which  could  apply 
to  victims  of  trafficking  and  which  involve  the  NGOs  who  provide  assistance  for 
victims; 

the  need  for 
establishment  of  a  legal  basis  for  the  spontaneous  sharing  of  information; 

information  exchange  between  judicial  authorities  including  the 

confiscation  of  proceeds  of  organised  crime  relating  to  trafficking  in  women. 

A number  of Member  States  have  recently  changed  national  law  to  allow  for  extraterritorial 
jurisdiction  in  cases  of  sexual  abuse  of  children  (child  sex tourism).  It  is  vital  to  dismantle 
networks  of  traffickers,  but  very  few  Member  States  have  provisions  extending  to  those 
caught  trafficking  or  exploiting  adults.  The  Commission  does  not  think  that  this  legal  gap 
provides  an  adequate  reflection  of  the  gravity  of  any  sexual  exploitation. 

Member  State  and  EU  action  point: 

To  reach  agreement  on  a joint  action  on judicial  cooperation  covering  trafficking  in 
women  which  includes  the  key  issues  mentioned  above  and  to  consider  introduction 
of  extraterritorial  jurisdictional  provisions  to  cover  traffickers  in  human  beings. 

II.  3.  d:  Sanctions 

In  addition  to  the  Vienna  recommendations  on  criminal  legislation,  the  Commission  notes 
differences  of  approach  to sanctions  provided  for  in  Member  States'  laws  on  traffickers. 

In  at  least  one  EU  state,  severe  sentences  (up  to  15 years  imprisonment)  can  be  imposed  in 
the  case  of  organised  trafficking.  However,  since  not  all  EU  states  have  specific  offences 
related  to trafficking,  there  are  considerable  discrepancies  in  the  level  of  sanctions  provided 
for  in national  legislation.  The Commission  is of the view that offences  related  to  trafficking 
in  women  for  the  purpose  of  sexual  exploitation  should  in  every  Member  State  attract 
penalties  involving  deprivation  of  liberty  and  other  measures. 

Member  State  action  point: 

14 

To  consider  the  introduction  of  serious  penalties  for  trafficking,  which  adequately 
reflect  the  grave  nature  of  the  offence. 

II.  4  : POLICE  COOPERATION 

Trafficking  in  women  appears  to  be  largely  in  the  hands  of  organised  crime  networks, 
operating  as  structured  international  enterprises. 
It  may  often  be  connected  with  other 
criminality,  such  as drugs trafficking.  No  single law  enforcement  agency  in a Member  State 
is  able  to  combat  trafficking  alone.  This  chapter  must  be  seen  in  the  context  of  the  present 
debate  in  the  JHA  Council,  where  Member  States  have  the  sole  right  of  initiative23. 

II.  4  a:  Cooperation  and  Communication 

Analysis  and  information  exchange,  and  improved  communication  and  cooperation  between 
law enforcement  authorities,  including  appointment  of national  contact points  and  directory. 

Within  Member  States,  communication  between  law  enforcement  services  is  of  course  a 
matter for  internal  regulation.  Many  states have a small police strength  specialised  on  crimes 
of  vice,  with  expertise  of  trafficking  as  a  form  of  criminality  limited  to  these  persons  with 
direct  experience  of  victims. 
In  some  states,  there  have  been  moves  towards  the 
establishment  of specialised  units of law enforcement  authorities, either of a multidisciplinary 
nature  for  different  authorities  (law  enforcement,  social,  immigration),  or with  the  objective 
of  providing  a  national  contact  point  only  for  improved  law  enforcement 
information 
exchange.  There  are of course different  ways of setting up  structures  at national  level,  which 
must take different  national  systems into account.  What is important  is that efficient  methods 
of  communication  exist. 

To  improve  international  cooperation,  Member  States  agreed  in  1994  to  include  trade  in 
human  beings  in  the  Convention  to  establish  Europol.  Europol  will  be  an  information  and 
intelligence  exchange  organisation  for  EU  law  enforcement,  and  final  agreement  on  the 
Convention  was  reached  at  the  European  Council  in  Florence  on  21-22  June  1996.  Article 
2  of  the  Convention  lays  down  combatting  of  immigrant  smuggling  and  trade  in  human 
beings  as two  of  the  priority  areas  of  activity  for  Europol.  The  Convention  will  come  into 
force  once  all  Member  States  have  completed  ratification,  when  Europol  will  be  required  to 
develop  a  role  in  strategic  and  operational  analysis  of  traffic  in  human  beings  which  is  part 
of  organised  crime.  Under  Article  42(2)  of  the  Convention,  Europol  and  Interpol  will  have 
a formal  cooperation  agreement,  which  might  explicitly  include trafficking  in  human beings. 

In  the  interim,  the  first  stage  of  Europol,  the  Europol  Drugs  Unit  (EDU),  has  a  mandate, 
which  was  extended  in  March  1995  to  include  action  against  clandestine  immigration 
networks,  and  again  on  27  September  1996 to traffic  in  human  beings. Ministers  also  agreed 
that  the  EDU  is  to  establish  a Directory  of  specialised  competences  (a  list  of  contact  points 
for  law  enforcement  purposes)  for  the  fight  against  crime,  with  as  a  priority,  a  Directory 

Under  the  TEU  Article  K3(2)  second  indent,  there  is  no Commission  right  of  initiative  to  make  legal 
proposals  in  this  field. 

15 

covering  illicit  drug trafficking  and  trafficking  in human  beings.  This is a significant  step in 
the  improvement  of  police  cooperation  at  European  level,  and  is  greatly  welcomed  by  the 
Commission.  For the EDU to be effective,  provision  of fast and accurate national  information 
will  also  need  to  be  improved. 

The Vienna  Conference  recommended  appointment  of national  contact points.  In some cases 
this  may  be  addressed  through  the Directory  of  specialised  competences,  but  it  would  seem 
appropriate for each Member  State to designate such a contact point, if it has not already been 
done. 

One of the first  tasks to be addressed  under the  "STOP" programme  is likely  to be  studies on 
the centralisation  of information  and analysis on subjects  including victims of trade in human 
beings,  along  with  the  advisability  of  establishing  a  database  for  recording  of  DNA 
intelligence. 

Member  State  action  point: 

To  ensure  rapid  ratification  of  the Europol  Convention. 

EU  action  point: 

For  EDU  to  set  up  the  Directory  of  specialised  competences  and  for  Member  States 
to  designate  national  contact  points. 

II.  4.  b:  Law  Enforcement  Training 

To develop  operational  training  on  the one hand, and  sensitisation  training  on  the  other. 

Already  in  1993,  the  Council  agreed  that  more  training  was  required  for  law  enforcement 
officers  to  combat  trafficking  in  human  beings  for  the  purposes  of  prostitution.  When  the 
Commission  requested  information  from  the Member  States  on the level  of  follow-up  to  the 
recommendations  in  May  1996,  one  Member  State  reported  specific  training  courses  which 
were open to other EU  states (although  to date only two neighbouring  states had taken up the 
offer).  Small  units  of  specialised  officers  exist  in  some  Member  States,  but  the  Vienna 
conference  showed  that  improved  knowledge  on  networks  and  forms  of  trafficking,  and 
related  money  laundering,  including  large  business  organisations,  was  needed  on  a  wider 
basis. 

In relation  to victims,  the police response may have been  characterised  in some cases by  poor 
awareness  of  the  women  as  victims  of  crime.  A  low  expectation  of  police  as  providers  of 
assistance would  of course aggravate reluctance  from  victims to cooperate and lack of victim 
confidence  is  therefore  an  important  issue.  The  Vienna  conference  view  was  that  an 
appropriate  police  reaction  to  victims  can  be  best  developed  through  specialised  training. 
Relevant  language  skills  were  also  mentioned  as  of  significance  to  improve  communication 
with  victims.  A  draft  Title  VI  programme  (Oisin)  due  for  agreement  shortly  will  provide 

16 

training  for  law  enforcement  officers24. 

EU  and  Member  State  action  points: 

To  include  in  the  "STOP"  programme  the  above  aspects  in  the  training  programmes 
for  law  enforcement  officers; 

To  sensitise  police  to  the  position  of  victims,  for  example  through  joint  training 
courses  with  bodies  caring  for  victims; 

To provide training in the languages of the victims, or at least to provide  interpretation 
facilities; 

To  provide joint  training  courses  with  bodies  caring  for  victims; 

To  develop  training  courses  on  trafficking  under  the  "Oisin"  law  enforcement 
programme. 

Member  State  action  point: 

To  make  trained  female  officers  available  when  requested  by  victims,  and  to  inform 
victims  of  this  possibility. 

II.  4.  c:  Third  Countries 

Cooperation  with  third  countries  (training,  contact  points) 

Where training is being developed  by the Member  States, law enforcement  officers  from  third 
countries,  particularly  those  of  central  and  eastern  Europe  could  contribute  and  benefit. 
Programmes  such  as  those  of  the  Central  European  Police  Academy  (MEPA)  and  joint 
international  programmes  already  in  existence  from  some  Member  States  provide  not  only 
exchange  of  best  practice,  but  appear  to  create  important  opportunities  for  development  of 
contact points for  operational  purposes to supplement the assistance provided  by  international 
lists  of  contact  points. 

The  1993  JHA  recommendations  referred  to  designation  of  specialised  liaison  officers,  and 
a  number  of  Member  States  have  implemented  this  in  major  source  countries. 

EU  and  Member  State  action  points: 

To  open  training  to  the  countries  of  central  and  eastern  Europe,  and  to  extend  the 
directory  of  contact  points  to  be  held  by  the  EDU  to  non-EU  countries; 

To  make  best  use  of  EU  specialised  liaison  officers  in  source  countries,  in  particular 

24 

12 MECU  are foreseen  for this programme for  1996-2000 (2 MECU in  1996 and 2.5 MECU  from  1997 
onwards),  depending  on  the  appropriation  which  is voted  annually  by  the  Budgetary  Authority 

17 

sharing  of  resources,  with  the  aim  of  improvement  of  cooperation  with  local  law 
enforcement  authorities. 

II.  5  : SOCIAL  AND  EMPLOYMENT  DIMENSION 

The Member  States,  local  authorities  and  civil  society  in general  are responsible  in this  area. 
The  Community  shall  take  action  only  if  the  objectives  of  the  proposed  action  cannot  be 
sufficiently  achieved  by  the Member  States.  Whilst  the  Commission  programmes  discussed 
below  can  contribute  to  the  fight  against  trafficking,  they  are  not  a  substitute  for  Member 
State  action.  Thus the Union  might  become  involved  in25 heading  and  coordinating  forward 
studies  of  social  problems  in  the  Union,  circulating  information,  disseminating  experiences, 
stimulating  thought  and  action  in  the  Member  States,  encouraging  cooperation,  drawing  the 
attention  of  the  public  to  social  problems  of  common  concern,  and  helping  to  resolve 
problems  which,  although  pertaining  to  the Member  States,  call  for  a  common  approach26. 

II.  5.  a: 

Information 

information 

Preventive 
information  campaigns  for  raising  public 
awareness  of  violence  against  women,  as  well  as  the  exchange  of  information  and  of  good 
practice  in  the fight  against  trafficking  in women. 

in  EU:  Support  for 

see  "Information  Campaigns"  above  Section  II.  1. d 

II.  5.  b:  Social  Programmes 

Development  of  assistance  programmes,  social  exclusion  programmes  and  measures  on 
reintegration  into  society  within  EU  including public  health 

A number  of Member  States  have  initiated  national  programmes  of  integrated  approaches  to 
combat  social  and  labour  market  exclusion  involving  cooperation  between  national,  regional 
and  local  levels.  Using this example, the new EU Integra  programme  is designed  to  promote 
the  integration  into  employment  of  groups  most  at risk  of  exclusion  from  the labour  market, 
through partnership between public authorities, NGOs, SMEs, social partners and associations. 
Victims  of  trafficking  can  come  within  the  remit  of  the  programme.  Among  the  measures 
foreseen,  the  following  are  of  note: basic  skill  training,  advice  and  counselling,  assistance  to 
geographical  mobility,  and  exchanges  of  best  practice. 

There  is  a  need  for  strengthening  action  to  protect  public  health  regarding  both  victims  and 
clients, both  of whom  can spread  numerous transmissible diseases (AIDS, hepatitis etc).  Such 

The  Commission  has  already  co-financed  or given  support  to  a few  isolated  actions,  either  under  the 
third  Community  programme  on  equality  between  women  and  mcn(1991-1996),  or  in  the  framework 
of  projects  in  the  fight  against  social  exclusion,  including  a  colloquium  on  trafficking  in  women  in 
October  1996 in Greece, and  forthcoming  conferences  on women  and violence  on the Internet  in  1997 
in  the  UK,  and  a  Netherlands  Ministerial  Conference  in  April  1997. 
Recommendations  contained  in the  Report  of the  Comité  des  Sages  "For a  Europe  of  civic  and  social 
rights"  (1996). 

action  should  include  prevention,  and  medical  and  psychological  assistance  to  victims,  with 
particular  attention  to  reach  the  victims  where  they  are. 

Member  State  action  point: 

To  support  and  develop  local  and  national  assistance  programmes,  social  exclusion 
programmes  and  measures  for  reintegration. 

Commission  action  points: 

To make full  use of the possibilities  provided  in the new Integra  programme  to  assist 
victims  of  trafficking,  in  coordination  with  Member  States; 

To make use  of the  "Leonardo"  programme  in  order to provide training  for  people at 
risk; 

To make use of the Programme  "Prevention  of AIDS  and certain  other  communicable 
diseases...",  and  the Programme  "Health  Promotion  ...  in  the  field  of  public  health", 
to  help  victims27. 

II.  5.  c:  Reception  and  Rehabilitation  Centres 

Creation  of  fiirther  reception  and  rehabilitation  centres 

Some Member  States  have centres  for  victims who  have escaped  their traffickers,  and  NGOs 
help  or  run  such  centres.  It  is  obviously  vital  that  appropriate  social  and  health  assistance, 
as  well  as  caring  accommodation  is  available  to  help  victims  recover,  who  may  be  in  poor 
physical  and  mental  condition. 

Member  State  action  point: 

For  all  Member  States  to  support  reception  and  rehabilitation  centres. 

Commission  action  points: 

Examine  the  possibilities  to  use  the  Youth  for  Europe  programme28  to  help  in 
provision  of  havens  for  victims  and  to  integrate,  if  possible,  young  volunteers  of  the 
new European  Voluntary  Service  in  some  of  the  rehabilitation  projects; 

To  exchange  experience  and  best  practice  with  regard,  amongst  other  things,  to  the 
establishment  of  rehabilitation  centres,  access to the centres  (for  example  through  the 
use  of  "Outreach"  workers),  and  protection  of  confidentiality. 

Decision  No  647/96/EC,  and  Decision  No  645/96/EC. 
The  Youth  for  Europe  programme  promotes  active  citizenship amongst  young  people.  It  encourages 
a  policy  of  cooperation  between  Member  Stales  in  the  youth  field. 

19 

II  5.  d:  Employment  Conditions 

In  addition  to  the  Conference  Recommendations  made  in  Vienna,  the  following  need  to  be 
considered:  Employment,  in  relation  to attention  to  the working  conditions  of  au-pair  girls, 
bar and restaurant  employees, certain health institutes etc.  Legal  requirements  on  employers 
in  the  context  of  right  of  establishment  within  the European  Community. 

Some Member  States have introduced  requirements  relating to working  conditions  of au  pair 
girls,  in  order  to  avoid  exploitation. 

All Member  States have social  and health inspections in bars, restaurants and hotels.  Through 
these  controls,  cases  of  forced  prostitution  may  be  brought  to  light. 

Member  States may request proofs  of good character or repute for  employers of bars,  dancing 
establishments,  massage parlours and for those running  marriage bureaux  and escort services, 
or  for  those  involved  in  transport  of  immigrants. 
If  they  request  such  proofs,  they  must 
recognise  proofs  delivered  by  the  Member  State  of  provenance,  according  to  Community 
directives,  in  the  context  of  the  right  of  establishment  in  the  European  Community29. 

Member  State  action  points: 

To  exchange  information  on  best  practice  on  au  pair  working  requirements; 

To  have  coordination  between  social  and  health  inspectorates,  and  law  enforcement 
services  with  the  aim  of  identifying  and  helping  victims; 

To assess whether the provisions in Community  Directives concerning  proofs  of good 
character  and  repute  provide  an  effective  means  of  guaranteeing  legitimate  public 
order  concerns  for  the  activities  to  which  they  apply; 

To  assess  the  efficacy  of  Directive  64/221  on  the  coordination  of  special  measures 
concerning  movement  and  residence, which  are justified  on  grounds  of  public  policy 
(implementation  of  Article  56  of  the  Treaty  of Rome). 

Commission  action  point: 

To  encourage  the Member  States to assess the efficacy  of the proofs  required,  and on 
the basis  of  the results  of that assessment,  if necessary,  to propose  appropriate  action. 

II  .  5.  e:  Training  in  the  Social  Field 

In  addition  to  the  Conference  Recommendations  made  in  Vienna  the  following  should  be 
mentioned:  the  development  or  creation  of programmes  to  train, for  example,  health  and 
social personnel  in dealing  with  victims, and in languages  in order  to empower  them  to help 
victims  effectively. 

29  Directive  68/367, Directive  75/368, Directive 82/470. 

20 

Social  and occupational  rehabilitation  of victims, once they have been granted legal residence, 
requires  them  to  be  in  a  position  to  take  up  training  to  prepare  them  for  a  new  life. 
Specialised  training  is  needed  for  members  of  the  health  and  social  professions. 

Teacher training, as well as exchange of information  actions, as developed by the SOCRATES 
programme,  can  play  a role.  Adult Education  projects  for  victims could  also be  supported  by 
the  SOCRATES  programme30. 

Member  State  action  point: 

To support  local  and  national  programmes for  training  of social  and  health  personnel. 

Commission  action  points: 

To  examine  the  possibilities  of  specialised  training  for  health  and  social  workers  in 
the  framework  of  "Socrates"  and/or  "Leonardo"; 

To  use  "Socrates"  and/or  "Leonardo"  adult  education  programmes  for  victims. 

PART  Iff:  COOPERATION  WITH  THIRD  COUNTRIES 

The main  objectives  for  the Community's  development  co-operation  include the  fight  against 
poverty,  the  promotion  of human  rights  and democracy,  and  sustainable  development31.  The 
problem  of  trafficking  relates  directly  to  all  of  these  objectives. 

It  is  not  only  trafficking  from  third  countries  into  the  European  Union  which  needs  to  be 
addressed,  since  this  is  only  one  part  of  a  much  larger  global  pattern.  Sexual  trafficking 
occurs on a very  substantial  scale, both within developing  countries (rural  areas to urban  areas 
and  major  travel  arteries), and between  developing  countries  and developing  neighbours  with 
substantial  sex  industries.  Trafficking  between  third  countries  also  appears  to be  increasing 
from  the New  Independent  States  to  the  countries  of  Central  and  Eastern  Europe. 

The  range  of  instruments  already  used  includes  co-operation  programmes  with  government 
authorities  in  source  countries,  budget  lines  for  funding  action  by  NGOs  and  civil  society 
(particularly  those relating to human  rights), and these could be further  developed,  along with 

Socrates is a multiannual programme of the European Union in the field of general education.  Its main 
action  is  the  exchange  of  students  under  the  "Erasmus"  scheme  and  the  establishment  of  school-
partnerships under the new "Comcnius" action.  However, the programme allows actions in other  fields 
of education, where we want to test  new pedagogical  methods and disseminate  good practice. 

Leonardo  is  a  multiannual  programme  in the field of vocational  training.  Its  main  actions  are the 
sensibilisation of trainers for European questions and the exchange of young workers.  Here again the 
programme  allows actions to test  new training  methods and disseminate  good practice. 

Both programmes will also be used to assure the follow-up of the European Year of lifelong learning. 
Treaty  on European  Union  Art.  130u. 

21 

mobilisation  of  the  provisions  for  dialogue  with  third  country  governments  on  human  rights 
issues  included  in  the  new  generation  of  agreements  between  the  Community  and  third 
countries.  The  Community's  most  important  partners  are  the  source  countries,  so  it  is  of 
primary importance to maintain  and  step up dialogue with  national  authorities and  institutions 
there. 
International  cooperation  with  other  source  third  countries  is  also  vital.  The 
Community  should  also  seek to assist  the  development  of  cooperation  between  third  country 
affected  regions32. 

Community  and  Commission  action  point: 

To  consider  use,  where  possible,  of  agreements  with  third  countries  to  discuss 
trafficking  in  women  and  the way  in  which  partners  can  work  together. 

Vienna  Conference  Recommendations: 

To  develop  assistance programmes  and  special  measures  that facilitate  reintegration  in  the 
society  in  the  country  of  origin  and  combat  social  exclusion,  including  better  use  and 
extension  of  various  EC  programmes  in  the  fi-amework  of  development  cooperation  and 
agreements  with  third  countries. 

For  Member  States  and  the  EU  to  support  initiatives  of  the  countries  of  origin for  full 
reintegi'ation of  victims. 

III.  1 : CENTRAL  AND  EASTERN  EUROPE  AND  THE NIS 

Existing  programmes  address  the  root  causes  of  trafficking  through  the  consolidation  of 
pluralistic  democratic  procedures  and  practices  with  a view to  supporting  the overall  process 
of  economic  and  political  reform.  A wide  range  of  actions  are  already  financed  which  aim 
at  promoting  and  protecting  women's  human  rights  and  children's  rights33,  and  of  most 
importance  are the Phare  and Tacis Democracy  Programmes, whose general  objectives  are to 
assist the development of civil  society, particularly  democratic principles based on multi-party 
systems,  human  rights, the rule of law and  economic freedom,  in the countries  of central  and 
eastern Europe and the New Independent  States. Areas of activities in which the specific  issue 
of  trafficking  in  women  has  been  addressed  are  promotion  of  human  rights,  civil  liberties, 
equal  opportunities,  non-discriminatory  practices,  access  to  education  and  media,  and 
administration  of justice  and  police.  A specific  project  on  "Prevention  of  traffic  in  women" 
was  funded  under  the  1994 Democracy  programme  led by the Stichting  Tegen  Vrouwhandel 
together  with  partners  in  the  Czech  Republic  and  Poland. 

Also  important  are the Phare  and  Tacis  LIEN Programmes,  with  the objective  of  supporting 

32  Limited  support  has  already  been  given  to  reintegration  schemes  for  women  trafficked  within  some 

Asian  countries. 

33  Under Budget Lines  from  the B7-7  Chapter " European  Initiative  for Democracy  and the Protection of 

Human  Rights". 

22 

NGO  initiatives  in  favour  of disadvantaged  sections  of the population  in  Central  and  Eastern 
Europe. Assistance to women,  in order to raise their health  and social  status, and to help them 
have  access  to  professional 
is  singled  out. 
Marginalised  groups  are  also  targeted,  including  street  children,  the  homeless,  victims  of 
diseases  and  drug-addiction  and  the under-privileged,  to improve  access to minimal  care and 
living  conditions  in  general,  and  to  facilitate  social  reintegration. 

training  and  employment  opportunities 

Community  and  Commission  action  points: 

To  make  continued  use  of  the Phare  and  Tacis Democracy  and  LIEN  Programmes; 

To  stimulate  use  of  any  relevant  Community  programmes  in  the  framework  of  the 
additional  protocols  to  the Europe  Agreements  with  the  CEEC; 

To  develop  the  legal  framework  in  the  CEEC  and  NIS  countries  through  Phare  and 
Tacis,  in the  context  of policy  advice, to promote  actions  in  cross border  cooperation 
to  prevent  illegal  migration,  including  in  the  new  programmes  related  to  the  third 
pillar; 

To  inform  NGOs  that  the  B7-7  Democracy  Programme  can  also  be  used  for  actions 
to  support  victims  of  trafficking,  such  as  development  of  prevention  campaigns, 
development  of  confidential  health  care services  and  provision  of  social,  medical  and 
psychological  support  to  victims  of  trafficking,  development  of  comprehensive 
programmes  designed  to  rehabilitate  into  society  and/or  into  the  country  of  origin, 
victims of trafficking  through job training and legal  assistance, development  of human 
rights  education  which  addressed  the  specific  problem  of  trafficking  in  women  and 
children; 

To  use  the  budget  line  on  support  for  organisations  offering  practical  aid  to  victims 
of human rights violations (rehabilitation,  legal  advice, health treatment  and  assistance 
for  victims  of Human  Rights violations), for  specific  project  on victims  of  trafficking 
(B7-707); 

To  target 
organisations  pursuing  human  rights  objectives  (B7-7040). 

to  the  fight  against  trafficking,  subsidies  for  certain  activities  of 

EU  action  point: 

To  improve  police  and  judicial  cooperation,  in  particular  with  the  CEEC  in  the 
framework  of  the  structured  dialogue  on justice  and  home  affairs. 

III.  2  : AFRICA,  CARIBBEAN  AND  PACIFIC  COUNTRIES  (ACP) 

Existing  programmes  address  root  causes of trafficking,  such  as poverty,  unemployment,  and 

23 

health,  as  well  as  the  health  conditions  of  prostitutes.  A  human  rights  budget  line34  helped 
to  finance  a preparatory  seminar  and  preparatory  studies,  and,  part  of  the  travel  expenses  to 
the  Conference  against  sexual  exploitation  of  children  held  in  August  1996,  allowing 
representatives  of  organizations  from  the  third  world  countries  to  be  in  Stockholm.  NGO 
projects  have been  cofinanced,  such  as sensitisation  and  reinsertion  of street  children,  female 
prostitutes  and  victims  of  trafficking,  help  for  networks  of  women's  NGOs  and  for  NGOs 
working  to  combat  AIDS  and  sexually  transmitted  diseases. 

Community  and  Commission  action  points: 

To  mobilise  the  European  Development  Fund  in  new  fields  such  as  improvement  of 
legislation,  judicial  and  police  training  against  trafficking  in  women,  and  prevention 
and  awareness-raising  actions; 

To promote  dialogue  on these  issues with  ACP  countries, based  on the  Commission's 
experience  in the field  of  drugs,  and  to  designate  an  ACP  rapporteur  at the  next  Joint 
Assembly  to  initiate  such  a  dialogue; 

To  support  a  pilot  project  to  be  devised  in  cooperation  with  NGOs,  Member  States 
and  international  organisations  to  be  set  up  in  a  target  country. 
It  could  concern 
prevention,  training  and  rehabilitation  (perhaps  some  victims  could  be  offered  an 
active  role  in  their  own  rehabilitation  i.e.  designing,  setting  up  and  carrying  out 
campaigns  in  the  country); 

international 
To  identify  with  other  bodies  involved  (NGOs,  Member  States, 
organisations)  and 
research  and  pilot  projects 
incentive  measures, 
(rehabilitation,  awareness  and  information  campaigns  with  a  view  to  prevention, 
targeting  specific  groups  and  the  authorities  concerned),  using  the  relevant  budget 
headings 

set  up 

35 

III.  3  : ALA/MED  COUNTRIES 

The  Community's  development  co-operation  with  Asian, Latin  American  and  Mediterranean 
Basin  governments  seeks  to  deal  with  root  causes  of  trafficking  in  a  range  of  ways.  A  high 
proportion  of  resources  has  always  been  devoted  to  developing  rural  areas,  with  the  aim  of 
combating  poverty,  expanding  income-generating  opportunities  close  to  home,  and  reducing 
involuntary  migration.  Particular  attention  is now being  paid  to gender  issues:  improving  the 

B7-702,  Human  Rights  and  Democracy  in  developing  countries. 
-  B7-7020,  Human  Rights  and  Democracy  in  developing  countries; 
- B7-6000. Community  contribution  towards  schemes  concerning  developing  countries  carried  out by 
non-governmental  organisations; 
-  B7-611,  Women  in  development; 
-  B7-633,  Small  credit  facilities  for  women  in  developing  countries; 
-  B7-641,  Rehabilitation  and  reconstruction  measures  for  developing  countries; 
-  B7-6211,  Health  Programmes  and  the  Fight  against  HIV/AlDs  in  developing  countries. 

24 

economic  position  of  women  and  their  opportunities  for  income,  and  empowering  local 
women  to take an active part in decision-making  at household  and community  level.  A range 
of  "positive  action"  programmes  aims  to  raise  women's  low  status,  increase  girls'  access  to 
literacy  and  basic  education,  and  foster  women's  general  confidence  and  awareness. 

In  urban  areas,  Community-funded  programmes  focus  on  poor  and  disadvantaged 
communities,  where  women  are  most  likely  to  be  drawn  into  sexual  exploitation.  The 
"MEDA Democracy  Programme"36  allows  for  positive  action  to  encourage  responsibility  for 
human  rights  and  democratic freedoms  including women's rights, and  a 4 MECU  programme 
in Central America focuses  on rehabilitation  and re-training of adolescent girls who have been 
sexually  exploited.  Urban  development  programmes  support  community  networks,  credit  for 
income-generating  activities, action against drugs and formation  of women's solidarity groups. 
Special  priority  is given  to  providing  support  centres,  re-training  and  rehabilitation  for  street 
children,  especially  girls,  who  are  often  prime  targets  for  sexual  exploitation. 

Commission  action  points: 

To  identify  with  other  bodies  involved  (NGOs,  Member  States, 
international 
organisations)  relevant  Mediterranean,  Asian  and  Latin  American  NGOs,  such  as 
women's  associations; 

To  facilitate  inclusion  of  a  project  on  trafficking  under  the  "MEDA  Democracy 
Programme"  and  to  use  other  relevant  budget  headings37  to  set  up  and  support 
incentive  measures,  research  and  pilot  projects  (rehabilitation,  awareness  and 
information  campaigns  with  a view  to  prevention,  targeting  specific  groups  and  the 
authorities  concerned)  as well  as projects  aiming  at the  victims'  social  and  economic 
reintegration. 

Community  action  point: 

To  promote  dialogue  on  sexual  exploitation,  where  possible  using  agreements  with 
third  countries. 

Under this programme, the Commission  has already  funded  a Tunisian based NGO. "El Taller"  to work 
on  the  creation  of  a  permanent  tribunal  against  violence  against  women. 
B7-611,  Women  in  development; 
B7-633,  Small  credit  facilities  for  women; 
B7-703, Human Rights, and to look  into the possibilities of using the general  development  cooperation 
budget  lines  to  cover  projects  in  this  sense. 

25 

PART  IV:  CONCLUSION 

Thanks  to  recent  initiatives  including  from  the  Council  of Europe,  the European  Parliament 
and  the  Commission's  Vienna  Conference,  this  topic  is  now  high  on  European  agenda. 
Actions have been  launched  which  need  to be finalised  and implemented  as soon  as possible. 
The  present  momentum  should  not  be  lost.  We  need  now  to  develop  a  consistent  and  long 
term  approach  at European  level, and the action  points identified  by the Commission38  in this 
document  need  now  to  be  discussed  in  the  relevant  fora.  The  Commission  notes  with 
satisfaction  that  the  forthcoming  Netherlands  Presidency  will  continue  to  treat  trafficking  as 
a  priority  subject39,  and  the  Commission  will  as  a  priority  take  up  contacts  with  relevant 
NGOs. 

Regarding  the third  pillar  area,  in addition  to the present important  initiatives,  continuity  has 
been  ensured  by  the  inclusion  of  trafficking  in  human  beings  as  one  of  the  priorities  in  the 
pluriannual  work  programme  adopted  by the JHA Council.  There is a need  for  a similar  long 
term  approach  in  other  areas,  where  objectives  must  be  determined,  along  with  regular 
evaluation  of  implementation. 

If  we  are  to  tackle  trafficking  seriously,  adequate  financial  resources  will  need  to  be  made 
available,  both  at  EU  level,  and  nationally. 
In  this  connection,  it  is  a  positive  sign  of 
recognition  of the  problem,  that  in December  1996, the European  Parliament  will  vote on an 
expected  allocation  of  3 MECU  for  exploited  women  and  children. 

The  Commission  is  convinced  that  all  EU  institutions  and  the Member  States  must  continue 
to  play  an  active  part  in  order  to  put  an  end  to  the  increasing  and  serious  problem  of 
trafficking  in  women. 

see  list  in  Annex  1 

38 
39  The  Commission  will  be  pleased  to support  a Ministerial  Conference  on Trafficking  to be  held  in the 

Hague  in  April  1997. 

26 

ANNEX  1: Complete  List of Action  Points  proposed  in  Communication 

PART II: DEVELOPMENT  OF AN INTEGRATED  MULTIDISCIPLINARY  POLICY 

II. 1. INTERDISCIPLINARY  PROPOSALS 

II.  1.  a:  The  "STOP"  Programme  against  trafficking  in  human  beings 

EU  action  point: 

• 

Rapid  adoption  and  implementation  of  the  joint  action  on  the  above-mentioned 
programme. 

II.  1.  b: Need  for  improved  data  and  research 

Community  and  Commission  action  points: 

• 

• 

• 

To  use  and  develop  as  far  as  possible  Community  social  budget  lines  to  investigate 
the  above-mentioned  areas,  along  with  studies  on  the  role  of  trafficking  in  the 
spreading  of  sexually  transmitted  diseases  and  drug  abuse.  To  identify,  through 
specialised  workshops  of  practitioners  and  researchers,  the  priority  areas  for 
specialised  research; 

To  publish  and  make  available  Commission-funded  research. 

EU  action  point: 

To allocate  appropriate  studies under  the  "STOP"  programme,  particularly  taking  the 
future  work  of  the  Europol  Drugs  Unit  into  account. 

II.  1.  c:  Cooperation  and  Coordination 

Member  State  action  point: 

• 

• 

• 

To  consider  ways  of  improving  collection  of  national  data,  and  for  communication 
mechanisms  between  concerned  groups  and  authorities. 

Member  State  and  Commission  action  point: 

To  coordinate  closely  work  in  the  Council  of  Europe. 

EU  and  Commission  action  points: 

To  consider  with  other  international  organisations  coordinated  policies,  and  the 
possibility  of joint  actions; 

27 

• 

To  step  up  dialogue  with  and  encourage  networking  of  NGOs  working  in  different 
countries,  both  in  and  outside  the  EU. 

II.  1.  d:  Information  campaigns 

Community  and  Commission  action  points: 

• 

• 

• 

• 

• 

To  find  ways, with  the  support  of the Budgetary  Authority,  of increasing  funding  for 
information  work  by  NGOs; 

To  support  information  campaigns  for  assistance  to  victims; 

To  support  information  campaigns  to  discourage  potential  clients. 

Community  and  Member  State  action  point: 

In  accordance  with  the Fourth  medium-term  Community  action  programme  on  equal 
opportunities,  to  encourage  the  setting  up  of  information  systems  on  the  rights  of 
victims;  to  exchange  information  between  Member  States  on  a regular  basis  on  how 
to  tackle  abuses  connected  with  trafficking. 

Commission  action  point: 

To  consider,  with  Member  States,  coordinated  information  campaigns  on  trafficking 
in  third  countries  with  the  EU  delegations. 

II.  1.  e:  Training 

Action  points: 

see  particularly: 

II.2.a  - Migration  Training; 
II.4.b  - Law  Enforcement  Training; 
II.5.e  -  Training  in  the  Social  Field. 

II.  2.  MIGRATION 

II.  2.  a:  Migration  Training 

EU  action  points: 

• 

• 

To  use  the  "STOP"  programme  for  training  of  migration  officials; 

To  carry  out  training  actions  related  to  false  documents,  in  compliance  with  the 
multiannual  Sherlock  programme; 

Commission  action  point: 

• 

To  introduce  a  proposal  for  a  multiannual  programme  on  training  and  exchange  of 

28 

officials  responsible  for  immigration,  asylum  and  external  borders,  which  will  take 
into  account  the  need  for  specific  training  for  the officials  dealing  with  these  matters 
in  the  field  of  combatting  and  preventing  trafficking  in  women. 

II.  2.  b:  Temporary  Permit  of  Stay 

EU  action  point: 

• 

To  reach  rapid  agreement  on  the  draft joint  action  on  a temporary  permit  of  stay  for 
victims. 

II.  3  JUDICIAL  COOPERATION 

II.  3.  b:  National  Legislation 

EU  action  points: 

• 

• 

To  implement  the  proposal  in  the  "STOP"  programme  to  collect  information  on 
relevant  national  legislation,  to  help  assessments  to  be  made  of  its  effectiveness,  as 
well  as to  facilitate judicial  cooperation; 

To consider encouraging  source third countries to introduce and implement  effectively 
criminal  legislation  against  traffickers. 

IT. 3.  c:  New  European  Union  Legal  Instrument 

Member  State  and  EU  action  point: 

• 

To  reach  agreement  on  a joint  action  on judicial  cooperation  covering  trafficking  in 
women  which  includes  the  key  issues  mentioned  above  and  to  consider  introduction 
of  extraterritorial  jurisdictional  provisions  to  cover  traffickers  in  human  beings. 

IT. 3.  d:  Sanctions 

Member  State  action  point: 

• 

To  consider  the  introduction  of  serious  penalties  for  trafficking,  which  adequately 
reflect  the  grave  nature  of  the  offence. 

II.  4  POLICE  COOPERATION 

If.  4.  a:  Cooperation  and  Communication 

Member  State  action  point: 

• 

To  ensure  rapid  implementation  of  the  Europol  Convention. 

29 

EU  action  point: 

• 

For  EDU  to  set up  the Directory  of  specialised  competences  and  for  Member  States 
to  designate  national  contact  points. 

IT. 4.  b:  Law  Enforcement  Training 

EU  and  Member  State  action  points: 

• 

• 

• 

• 

• 

• 

To  include  in  the  "STOP"  programme  the  above  aspects  in  the  training  programmes 
for  law  enforcement  officers; 

To  sensitise  police  to  the  position  of  victims,  for  example  through  joint  training 
courses  with  bodies  caring  for  victims; 

To provide training in the languages of the victims, or at least to provide  interpretation 
facilities; 

To  provide joint  training  courses  with  bodies  caring  for  victims; 

To  develop  training  courses  on  trafficking  under  the  "Oisin"  law  enforcement 
programme. 

Member  State  action  point: 

To  make  trained  female  officers  available  when  requested  by  victims,  and  to  inform 
victims  of  this  possibility. 

IT. 4.  c:  Third  Countries 

EU  and  Member  State  action  points: 

• 

• 

To  open  training  to  the  countries  of  central  and  eastern  Europe,  and  to  extend  the 
directory  of  contact  points  to  be  held  by  the EDU  to  non-EU  countries; 

To  make  best  use  of  EU  specialised  liaison  officers  in  source  countries,  in  particular 
sharing  of  resources,  with  the  aim  of  improvement  of  cooperation  with  local  law 
enforcement  authorities. 

II.  5  SOCIAL  AND  EMPLOYMENT  DIMENSION 

IT. 5.  b:  Social  Programmes 

Member  State  action  point: 

• 

To  support  and  develop  local  and  national  assistance  programmes,  social  exclusion 
programmes  and  measures  for  reintegration. 

30 

Commission  action  points  in  coordination  with  Member  States: 

• 

• 

• 

To make  full  use of the  possibilities  provided  in the new Integra  programme  to assist 
victims  of  trafficking; 

To  make use  of the  "Leonardo" programme  in  order  to provide training  for  people  at 
risk; 

To make use of the Programme  "Prevention  of AIDS and certain  other  communicable 
diseases...",  and  the  Programme  "Health  Promotion  ...  in  the  field  of  public  health", 
to  help  victims. 

II.  5.  c:  Reception  and  Rehabilitation  Centres 

Member  State  action  point: 

• 

• 

• 

For  all  Member  States  to  support  reception  and  rehabilitation  centres. 

Commission  action  points: 

Examine the possibilities to use the Youth for Europe programme to help in provision 
of  havens  for  victims  and  to  integrate,  if  possible,  young  volunteers  of  the  new 
European  Voluntary  Service  in  some  of  the  rehabilitation  projects; 

To  exchange  experience  and  best  practice  with  regard,  amongst  other  things,  to  the 
establishment  of  rehabilitation  centres,  access  to  the  centres  (for  example  trough  the 
use  of  "Outreach"  workers),  and  protection  of  confidentiality. 

IT 5.  d:  Employment  Conditions 

Member  State  action  points: 

• 

• 

• 

• 

To  exchange  information  on  best  practice  on  au  pair  working  requirements; 

Tp  have  coordination  between  social  and  health  inspectorates,  and  law  enforcement 
services  with  the  aim  of  identifying  and  helping  victims; 

To assess whether the provisions in Community  Directives concerning  proofs  of good 
character  and  repute  provide  an  effective  means  of  guaranteeing  legitimate  public 
order  concerns  for  the  activities  to which  they  apply; 

To  assess  the  efficacy  of  Directive  64/221  on  the  coordination  of  special  measures 
concerning  movement  and  residence, which  are justified  on  grounds  of  public  policy 
(implementation  of  Article  56  of  the  Treaty  of Rome). 

Commission  action  point: 

31 

• 

To encourage the Member  States to assess the efficacy  of the proofs  required,  and  on 
the basis of the results of that assessment,  if necessary,  to propose  appropriate  action. 

II  .  5.  e:  Training  in  the  Social  Field 

Member  State  action  point: 

• 

• 

• 

To support local  and  national  programmes for training  of social  and health  personnel. 

Commission  action  points: 

To  examine  the  possibilities  of  specialised  training  for  health  and  social  workers  in 
the  framework  of  "Socrates"  and/or  "Leonardo"; 

To  use  "Socrates"  and/or  "Leonardo"  adult  education  programme  for  victims. 

PART  III:  COOPERATION  WITH  THIRD  COUNTRIES 

Community  and  Commission  action  point: 

• 

To  consider  use,  where  possible,  of  agreements  with  third  countries  to  discuss 
trafficking  in  women  and  the  way  in  which  partners  can  work  together. 

III. 1. : CENTRAL AND EASTERN EUROPE AND THE NIS 

Community  and  Commission  action  points: 

• 

• 

• 

• 

To  make  continued  use  of  the  Phare  and  Tacis  Democracy  and  LIEN  Programmes; 

To  stimulate  use  of  any  relevant  Community  programmes  in  the  framework  of  the 
additional  protocols, to  the  Europe  Agreerhents  with  the  CEEC; 

To  develop  the  legal  framework  in  the  CEEC  and  NIS  countries  through  Phare  and 
Tacis,  in the  context  of  policy  advice,  to promote  actions  in  cross border  cooperation 
to  prevent  illegal  migration,  including  in  the  new  programmes  related  to  the  third 
pillar; 

To  inform  NGOs  that  the  B7-7  Democracy  Programme  can  also  be  used  for  actions 
to  support  victims  of  trafficking,  such  as  development  of  prevention  campaigns, 
development  of  confidential  health  care services  and  provision  of  social,  medical  and 
psychological  support  to  victims  of  trafficking,  development  of  comprehensive 
programmes  designed  to  rehabilitate  into  society  and/or  into  the  country  of  origin, 
victims of trafficking  through job training and legal  assistance,  development of human 
rights  education  which  addressed  the  specific  problem  of  trafficking  in  women  and 
children; 

• 

To  use  the  budget  line  on  support  for  organisations  offering  practical  aid  to  victims 

32 

of human rights violations (rehabilitation,  legal  advice, health treatment  and  assistance 
for victims  of Human  Rights violations),  for  specific  project  on victims  of  trafficking 
(B7-707); 

To  target 
organisations  pursuing  human  rights  objectives  (B7-7040). 

to  the  fight  against  trafficking,  subsidies  for  certain  activities  of 

EU  action  point: 

To  improve  police  and  judicial  cooperation,  in  particular  with  the  CEEC  in  the 
framework  of  the  structured  dialogue  on justice  and  home  affairs. 

• 

• 

III.  2:  AFRICA,  CARIBBEAN  AND  PACIFIC  COUNTRIES  (ACP) 

Community  and  Commission  action  points: 

• 

• 

• 

• 

To  mobilise  the European  Development  Fund  in  new  fields  such  as  improvement  of 
legislation, judicial  and  police  training  against  trafficking  in  women,  and  prevention 
and  awareness-raising  actions; 

To promote  dialogue  on these issues with  ACP  countries, based  on the  Commission's 
experience  in the field  of  drugs,  and  to designate  an  ACP  rapporteur  at the next  Joint 
Assembly  to  initiate  such  a  dialogue; 

To  support  a  pilot  project  to  be  devised  in  cooperation  with  NGOs,  Member  States 
and  international  organisations  to  be  set  up  in  a  target  country. 
It  could  concern 
prevention,  training  and  rehabilitation  (perhaps  some  victims  could  be  offered  an 
active  role  in  their  own  rehabilitation  i.e.  designing,  setting  up  and  carrying  out 
campaigns  in  the  country); 

international 
To  identify  with  other  bodies  involved  (NGOs,  Member  States, 
organisations)  and  set  up 
research  and  pilot  projects 
incentive  measures, 
(rehabilitation,  awareness  and  information  campaigns  with  a  view  to  prevention, 
targeting  specific  groups  and  the  authorities  concerned),  using  the  relevant  budget 
headings. 

III.  3:  ALA/MED  COUNTRIES 

Commission  action  points: 

• 

• 

To  identify  with  other  bodies  involved  (NGOs,  Member  States, 
international 
organisations)  relevant  mediterranean,  Asian  and  Latin  American  NGOs,  such  as 
women's  associations; 

To  facilitate  inclusion  of  a  project  on  trafficking  under  the  "MEDA  Democracy 
Programme"  and to use other  relevant budget  headings to set up  and support  incentive 
measures,  research  and  pilot  projects  (rehabilitation,  awareness  and  information 
campaigns  with  a  view  to  prevention,  targeting  specific  groups  and  the  authorities 

33 

concerned)  as  well  as  projects  aiming  at  the  victims'  social  and  economic 
reintegration. 

Community  action  point: 

To promote dialogue on sexual exploitation, where possible using the agreements with 
third  countries. 

34 

ANNEX  2: Excerpts  of  main  texts on  trafficking 

1.  1993  JHA  Recommendations  on  Trade  in  Human  Beings  for  the  Purposes  of 
Prostitution  (Council  Press  Release  10550/93  of  29-30  November  1993) 

Recommendation  1 

Whereas  effectively  combating  procuring  and  dismantling  prostitution  exploitation  networks 
require  that  police  officers  have  the  best  information  possible  on  other  countries  laws  and 
foreign  police  methods  of  combat  and  practices,  the  Council  recommends  taking  bilateral 
initiatives  so that  police  officers  may  complete  their  training  in  this  area 

Recommendation  2 

Whereas  effectively  combating  the  exploitation  of prostitution  may  require the  centralization 
of  information  at  national  level  , the  Council  recommends  that  national  authorities  examine 
the  possibility  of  setting  up  national  co-ordination  structures  within  States  and  developing 
international  exchanges  of  that  information. 

Recommendation  3 

The  Council  stresses  the  need  to  develop  the  role  of  the  collection  and  distribution  of 
information  in  this  field  by  liaison  officers  with  general  powers  seconded  to  Community 
Member  States and  to non-member  countries from  which the victims of prostitution  networks 
originate. 

Recommendation  4 

As most Member  States have no special  legislation  to deal with trade in human beings for  the 
purposes  of  prostitution,  the Council  would  stress the importance  of considering  the need  for 
instituting  information  campaigns  in  diplomatic  and  consular  circles  and  among  the  border 
control  authorities  in order  to forestall  the exploitation  of prostitution,  particularly  when  visa 
applications  are  examined. 

Recommendation  5 

The  Council  decides  that  work  carried  out  in  the  fight  against  trade  in  human  beings  for  the 
purposes  of  prostitution  will  be  extended  and  intensified  in  the  areas  of  administrative  and 
police  co-operation,  law  enforcement,  immigration  and  entry  to  nationals  territories. 

2.  Vienna  Declaration  and  Programme  of  Action  A/CONF  157/23, World  Conference 
on  Human  Rights,  Vienna,  14-16  June  1993 

Part  I,  §18  The  human  rights  of  women  and  of the  girl  child  are  an  inalienable,  integral  and 
indivisible  part  of  the  universal  human  rights  (...) 
Gender-based  violence  and  all  forms  of  exploitation,  including  those  resulting  from  cultural 

35 

prejudice  and  international  trafficking,  are  incompatible  with  the  dignity  and  worth  of  the 
human  person  and  must  be  eliminated. 
Part  II,  §38  The  World  Conference  on  Human  Rights  stresses  the  importance  of  working 
towards  the  elimination  of  all  forms  of  exploitation  and  trafficking  in  women  (...) 

3.  Beijing  Declaration  and  Platform  for  Action  of  the  Fourth  World  Conference  on 
Women,  China,  4-15  September  1995 

Objective  D  . Violence  against  women 

§122 The effective  suppression  of trafficking  in women  and girls for  the sex trade is a matter 
of pressing international  concern. Implementation  of the  1949 Convention  for the suppression 
of the traffic  in persons  and  of the Exploitation  of the prostitution  of  Others,  as well  as other 
relevant  instruments,  needs  to  be  reviewed  and  strengthened.  The  use  of  women  in 
international  prostitution  and  trafficking  networks has become  a major  focus  of  international 
organized  crime.  The  Special  Rapporteur  of  the  Commission  on  human  rights  on  violence 
against  women,  who  has  explored  these  acts  as  an  additional  cause  of  the  violation  of  the 
human  rights and  fundamental  freedoms  of women  and girls, is invited  to address, within  her 
mandate  and  as a matter  of urgency,  the issue of international  trafficking  for  the purposes  of 
the  sex trade  as well  as the  issues  of  forced  prostitution,  rape,  sexual  abuse  and  sex tourism. 
Women  and girls who are victims  of this international  trade are at an increased  risk of  further 
violence,  as  well  as  unwanted  pregnancy  and  sexually  transmitted  infection,  including 
infection  with  HIV/AIDS. 

Strategic  objective  D3. Eliminate  trafficking  in women  and  assist victims  of  violence  due  to 
prostitution  and  trafficking  (see.  text  if  necessary,§130  a,b,c,d,e) 

4. Recommendations  from  the European  Conference  on Trafficking  in Women, Vienna, 
10-11  June,  1996 

Recommendations  from  the  Working  Group  on Migration  Policy 

Considering  that  general  consensus  has  emerged  on  the  idea  that  migration  policies  have  to 
be adapted  to make the prevention  and the repression  of trafficking  in women  more  effective, 

recognizing  that,  in  order  to  combat  trafficking  in  women,  a  more  effective  and  closer 
cooperation  has to take place between  destination  countries and countries of origin and transit, 

hereby; 

asks to improve  and  coordinate  the collecting  and  the exchange  of  information  and  statistics, 
with  a view  to  pooling  the  competences  of  the  various  EU  and  non-EU  institutions; 

recommends  to  support  research  focusing  on  current  trends  of  trafficking  in  women; 

stresses  the  importance  of  strengthening  the  existing  training  of  civil  servants  dealing  with 

36 

migration  matters  and  including  "trafficking-  in  women"  in  future  multiannual  exchange 
programs. 

In  order  to be  able to  prevent  the  entry  of  possible victims,  the working  group  on  migration 
recommends  to: 

increase  public  awareness  among  the  civil  servants  of the Member  States, including  those at 
Embassies  and  Consulates,  in  charge  of  the  delivery  of  visas  in  order  to  reveal  suspected 
cases  before  the  visa  application  of  the  victims  are  concluded  with  the  aim  of  combatting 
organized  trafficking  in  the  country  of  origin; 

increase  public  awareness  among  the  potential  victims  in  the  countries  of  origin  through 
information  campaigns  focusing  on the  one hand  on the  opportunities,  limitations  and  rights 
of  individuals  in  the  case  of  legal  migration  and  the  risks  linked  to  illegal  migration  on  the 
other. 

In  order  to  combat  trafficking  in  women  after  the  victims  enter  the  destination  country,  the 
working  group  on  migration  recommends  to: 

address  the  issue  of  temporary  permit  of  stay  for  victims  prepared  to  act  as  witnesses  in 
judicial  proceedings; 

address  the  issue  of  aid  for  repatriation  of  women  victims  of  trafficking  especially  to  help 
them  to  reintegrate  into  the  society  of  their  country  of  origin; 

recognize the important role of nongovernmental  organizations and foster cooperation between 
them  and  governmental  organizations. 

Recommendations  from  the  Working  Group on Judicial  Cooperation 

Considering  that  trafficking  in  women  is  a  serious  form  of  organised  crime,  manifests  a 
particular  contempt  for  the  rights  of  victims  and  is  an  attack  on the  dignity  of  women; 

Considering  that  rather  than  concentrating  on  the  drafting  of  legal  definition  it  is  more 
important  to address the characteristics  of the phenomenon  and in this context to focus  on the 
elements  of  abuse  and  exploitation  of the particularly  vulnerable  position  and  dependency  of 
the  victims  regardless  of  apparent  consent  or  the  means  and  methods  of  trafficking; 

Considering  that  the  Joint  Action  on  Racism  and  Xenophobia  provides  a  good  model  for 
addressing  the  issue  of  trafficking  in  women 

Ask  the  European  Union  in  the  context  of judicial  cooperation  to: 

Assess  the  need  for  measures  to  criminalise  the  abuse  of  the  vulnerable  position  of  women 
(who,  with  or  without  their  consent,  have  been  the  subject  of  trafficking  for  the  purpose  of 
sexual  exploitation); 

37 

Prepare  an  inventory  and  evaluation  of  national  legislation  relevant  to  offenses  related  to 
trafficking  in  women  and  including  detail  of  extraterritorial  jurisdiction  and  the  number  of 
prosecutions  and  convictions; 

Encourage the ratification  and  effective  implementation  of existing  international  conventions 
on  trafficking  in  persons; 

Apply  provisions  on  confiscation  of  the  proceeds  of  crime  and  money  laundering  to 
trafficking  in  women; 

Provide  for  information  exchange  on  trafficking  in  women  between  judicial  authorities, 
including  establishing  a legal  basis  for  the  spontaneous  sharing  of  information; 

Recommend  that  each  state  establish  a body  for  coordinating  the  fight  against  trafficking  in 
women  which  would  include  representatives  of  the judicial,  police,  immigration  and  other 
appropriate  authorities  and  organizations; 

Confirm  that  as trafficking  in women  is a form  of organized  crime, the EU  resolutions  of 23 
November  1995  on  the  protection  of witnesses  in  the fight  against  organized  crime  (and  the 
resolution  on  individuals  who  cooperate  with  the  judicial  process  in  the  fight  against 
organized  crime)  apply  to  all  witnesses  including  victims; 

Ensure, by the granting  of temporary  residency, the availability  of victims  for  the  duration  of 
any  police  investigation  and  judicial  proceedings,  ensure  proper  coordination  with  the 
immigration  authorities to avoid  expulsion  without consultation with the authorities in charge 
of investigating  trafficking  in women  and  ensure the  provision  of financial  and  other  support 
for  the  victim  during  this  period; 

Stress  the  need  for  greater  cooperation  with  the  organizations  who  assist  victims; 

Consider  measures  to  avoid  the  abuse  of  the  INTERNET  for  the  purpose  of  sexual 
exploitation. 

Recommendations  from  the  Working Group on Law  Enforcement  and Police  Cooperation 

GENERAL 

When  dealing  with  trafficking  in  women,  the  women  are  victims  of  crime,  and  should  be 
treated  as  such.  Support  for  the  victim  is therefore  a basic  consideration. 

Investigations will  be greatly benefitted  if the victims cooperates, and this must be encouraged 
and  facilitated  by  an  appropriate  legal  framework,  such  as  the  grant  of  specific  residence 
permits  and  witness  protection  schemes. 

Cooperation  between  different  authorities  and  NGOs  should  be  developed. 

There  must  be  a  focus  on  all  types  of  trafficking  in  persons  for  sexual  abuse.  Additionally, 

38 

specific  research  on  trafficking  in  women  for  sexual  abuse  will  not  only  enrich  general 
research,  but  also  lead  to  identify  specific  needs  and  approaches. 

Clear  definitions  at  national  and  international  level  are needed  in  order  to  identify  the  limits 
of the  phenomena  to be  analyzed  and  studied.  It  should  be  borne  in  mind  that trafficking  in 
women  is  not  always  linked  to  illegal  immigration.  Legal  migrants  can  also  be  victims  of 
trafficking  activities. 

Higher political  profile  should be given  to the issue, thus enabling national  authorities to take 
appropriate  action. 

An  interdisciplinary  and  multiagency  has to be guaranteed  at both  national  and  international 
level. No  single  agency  can  deal  with  this  complex  issue. 

Improved  information  needs  to  be  made  available  in  countries  of  origin  in  order  to  warn 
potential  victims  and  other  concerned  bodies. 

NATIONAL  LEVEL 

Law  enforcement  agencies  must  contribute  to  awareness  raising  both  within  themselves  and 
to all  other  concerned  authorities.  Initiatives  which  have been  started  in the  law  enforcement 
field  should  be  encouraged. 

The  creation  of  one  central  unit 
in  each  Member  State  would  help  to  ensure  a 
multidisciplinary  approach,  making use of the experience gained  in  some EU Member  States. 
The  participation  of  all  interested  agencies  and  NGOs  must  be  guaranteed. 

A national  strategy  to be  developed  in  each  country  should  be based  on  the  following  logic: 

-  concrete  insight  into  the  phenomena,  thorough  development  of  strategic  and  operational 
analysis,  making  use  not  only  of  police  intelligence  but  of  all  relevant  information  and 
indicators.  These  efforts  could  be  structured  on  a common  basis,  perhaps  making  use  of  the 
IOM  anti  traffic  model; 

-  an  adequate  preventive  policy; 

- an  enforcement  policy,  not  limited  to criminal  investigations  and  proceedings  (punishment, 
seizure of assets, forfeiture  of unlawfully  owned property) but also on administrative measures 
(licences,  employment  regulations,  tax  measures). 

Specific  training  programmes  for  police working  on combatting  trafficking  in women  (social 
and  legal  aspects, money  laundering,  psychological  training, functioning  of reception  centres) 
need  to  be  developed. 

Contacts  between  victims  and  police  authorities  should  be  encouraged  by  increasing 
confidence  of  victims  in  police  officers,  in  particular  through  language  training,  better 
sensitization  to the  specific  situation  of  the victims  for  the  police,  and  availability  of  female 
police  officers  requested. 

39 

INTERNATIONAL 

Although  participation  in  all  international  fora  should  be  pursued,  a  specific  EU  approach 
would  be  useful. 

An  interdisciplinary  (interpillar)  action  plan  should  be  developed  at  EU  level. 

Analysis at international  level  (EU and countries of origin)  must be carried  out. Better  police 
cooperation  (within  the  framework  of  national  law)  should  be  organised,  also  in  close 
cooperation  with  Europol  and  Interpol. 

It  is  essential  that  intelligence  can  be  exchanged  in  a  speedy  and  effective  manner.  This 
should  be  done bilaterally  and where  appropriate,  though  cooperation  via the Europol  Drugs 
Unit,  Interpol,  and  other  partnership  programmes  between  countries. 

National  contact  points  need  to  be  developed,  and  a  directory,  similar  to  existing  national 
ones,  should  be  started,  both  within  the EU  and  with  the  other  countries  concerned. 

Appropriate  law  enforcement  training  should  be  developed  with  third  countries.  Use  should 
also  be  made  of  existing  training  institutes  and  programmes. 

Within  the  EU,  initiatives  must  be  developed  to  bring  the  Member  States  into  a position  to 
combat  equally  effectively  organised  crime  type  related  forms  of  criminality. 

Recommendations  from  the workshop  on Social  Policy  and  Protection 

The  working  group  on  social  policy: 

Considering  the  importance  of  the  problem  of  trafficking  in  women  and  the  common 
knowledge  of  the  issue, 

Considering  the  constant  increasing  trend  of  the  phenomenon, 

Considering  that  traffickingMn  women  is not only  a social  issue but  is mainly  a human  rights 
problem  because  it  directly  involves  the human  dignity, 

Considering  the  resolution  unanimously  adopted  by  the European  Parliament  on this  subject, 

Considering  that  some Member  States have taken  a major  step  in the fight  against  trafficking 
in  women  while  others  have  not  yet  put  this  issue  on  their  agenda, 

has  distinguished  three  factors  in  the  social  dimension  of  trafficking  in  women: 

*  Structural  problems  (poverty,  inequality,  change of values,  social  exclusion, 
etc) 
*  The  actors  (traffickers,  clients,  victims) 
*  Consequences  (human  rights  violations,  health  problems,  etc) 

identifies  three  level  of  intervention: 

*  International  and  regional  organizations  and  the  European  Union 

40 

*  States 
*  Civil  society  and  NGOs 

recalls  the  need  to use  the following  instruments: 

*  International  and  regional  instruments  (Conventions,  resolutions,  etc) 
*  Financial  instruments 

IN  THE  FIELD  OF  PREVENTION: 

asks the  authorities concerned  for  an effective  application  of the  adopted  instruments, 

asks  for  the  development  of  preventive  awareness  programs  in  origin,  transit  and 
destination  countries  (as,  for  example,  information  campaigns  of  the  public,  in 
particular  the  young  people)  that  have  to  adapt  to  the  specific  social  and  cultural 
situations  in  each  country, 

states the  importance  of  public  awareness  campaigns  on  the  issue  of  sex  tourism, 

encourages the exchange of information  and experience on trafficking  att EU level and 
with  third  countries, 

asks  the  EU  and  the  Member  States  to  support  qualitative  and  quantitative  research 
on data  comparative  legislation  and  relevant  policy  analysis, as well  as.studies on  the 
structure  of  demand, 

invites  the  EU  and  the  Meber  States  to  develop  special  interdisciplinary  training  for 
the  people  dealing  with  the  issue  (such  as judges,  police  officers,  doctors  and  social 
workers), 

stresses  the  role  of  the  embassies  in  fight  against  trafficking, 

asks for  the  creation  and/or  the development  of programs  to  combat  social  exclusion, 

IN  THE  FIELD  OF  ASSISTANCE  TO  THE  VICTIMS: 

asks the Member States to ensure appropriate protection and, when necessary,  facilitate 
access  to justice  for  the  victims, 

encourages the creation of further  local reception  and rehabilitation  centers for  victims 
of  trafficking 
in  order  to  provide  them  with  psychical,  medical,  social  and 
administrative  support  (specific  actions  for  specific  means), 

reminds  the  importance  of  cooperation  between  police  and judicial  authorities, 

asks  the Member  States  to facilitate  complementary  and  coordinated  actions  between 
the  different  actors  fighting  against  trafficking  in  women, 

IN  THE  FIELD  OF  THE  REHABILITATION  OF  VICTIMS: 

asks  for  the  development  of  assistance  programs  and  special  measures  that  facilitate 

41 

reintegration  in the society  and/  or into  the  county  of  origin,  including  better  use and 
extension  of various EC  programs  in the  framework  of  development  cooperation  and 
association  agreements  with  third  countries, 

invites  the Member  States  and  the EU  to  support  initiatives  of the  countries  of  origin 
for  a  full  reintegration  of  the  victims, 

As  a follow-up  to  the  Conference 

* ** 

every  national  government  should  consider  the  problem  of  trafficking  in  women  as a 
priority, 

a  network  should  be  created  between  official  and  non-official  institutions  in  order  to 
achieve  the  necessary  synergies  and  to  coordinate  discussions  and  initiatives, 

all  institutional  actors  should  broaden  the  scope  of  the  existing  budgetary  lines  to 
include  the  fight  against  trafficking  in  women, 

to  examine  the  possibility  to  draft  a  specific  legal  instrument  at  the European  level. 

42 

ANNEX  3.  Detailed  bibliography  on  Trafficking  in Women  in  Europe 

1. International  reference  tools 

a)  Universal  instruments 

- International  Agreement for  the suppression of the white slaw  traffic,  signed  at Paris  on  18 
May  1904 

-  International  Convention  for  the  suppression  of  the  white  slave  traffic,  signed  at  Paris  on 
4 May  1910 and amended by the Protocol  signed at Lake Success, New York, on 4 May  1949 

- International  Convention for the suppression of the traffic in women and children, concluded 
at Geneva on  30 September  1921 and amended  by the Protocol  signed  at Lake  Success, New 
York,  on  12 November  1947 

- International  Convention  for  the suppression of the traffic  in women of full age,  concluded 
at  Geneva  on  11 October  1933  and  amended  by  the  Protocol  signed  at  Lake  Success,  New 
York,  on  12 November  1947 

-  Convention  for  the  Suppression  of  the  Traffic  in  Persons  and  the  Exploitation  of  the 
Prostitution  of  Others  -  approved  by  the  General  Assembly  in  its  resolution  317  (IV)  of 
December  2,  1949,  opened  for  signature  at  Lake  Success,  New  York,  on  21  March  1950 

-  Final  Protocol  to  the  Convention  for  the  Suppression  of  the  Traffic in persons  and  of  the 
Exploitation  of  the Prostitution  of  Others,  21  March  1950 

- Third Committee Resolution  concerning  Traffic in women and girls; United Nations General 
Assembly,  50th  Session  (1995) 

- Resolution  on  Traffic in women and girls.  Commission  on the  Status of  Women,  UN,  39th 
session  (1995),  (39/6) 

b)  Council  of  Europe 

-  Recommandation  161  (3 mai  1958)  de  l'Assemblée  consultative  demandant  une ratification  rapide 
de  fa Convention  internationale  du  2 décembre  1949 pour  la répression  et l'abolition de la traite des 
êtres  humains  et  de  l'exploitation  de  la  prostitution 

c)  European  Communities 

ACP-EU  Joint 
Assembly 

ACP-EU  Joint 
Assembly 

Resolution  on  the  Traffic  in  Women, adopted  on  27  September  1991 in 
Amsterdam 

Resolution  on  the  specific  role  of  women  in  development  cooperation  and 
trafficking  in women, adopted on 22 March  1996 in Windhoek (Namibia) (ref: 
ACP-El/l674/96/fin.) 

European  Parliament 

Resolution  on  violence  against  women  - adopted  on  11 June  1986  (rcf:  OJ C 
176.  14.7.1986) 

43 

European  Parliament  Resolution  on  the  exploitation  of prostitution  and  trade  in human  beings  -

adopted  on  14 April  1989  (rcf:  OJ  C  120,  16.5.1989) 

European  Parliament  Resolution  on  trade  in women,  adopted  on  16 September  1993  (ref:  OJ  C 

268,4.10.1993) 

European  Parliament  Resolution  on  trafficking  in human  beings  - adopted  on  18 January  1996 

(OJC  32, 5.2.1996) 

Council  of the 
European  Union 

Recommendations  of  the  Council  of Justice  and  Home  Affairs  ministers 
on  Trafficking  in Human  Beings,  29 and  30 November  1993 

II.  Related  instruments 

a)  Universal  instruments 

- Slavery  Convention  signed  at  Geneva  on  25  September  1926 

-ILO  Convention  concerning  Forced  Compulsory Labour  signed at Geneva on 28 June  1930 (No.29) 

- Déclaration  Universelle des Droits de l'Homme - adoptée et proclamée par l'Assemblée générale dans 
sa  résolution  217  A  (III)  du  10 décembre  1948 

-  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms  of  4 
November  1950 

-  Supplementary  Convention  on  the  Abolition  of  Slavery,  the  Slave  Trade  and  Institutions  and 
Practices  Similar  to Slavery,  1 September  1956 

- ILO  Convention  concerning  the Abolition  of Forced  Labour  ,  1957  (NO. 105) 

- International  Covenant  on  Civil  and  Political  Rights  of December  1966 

-  Convention  on  the  elimination  of all forms  of discrimination  against  women,  18 December  1979 

-  General  Assembly's  resolution  (42/140)  of  7 December  1987 on  the  rights  and  dignity  of  migrant 
workers 

-  Convention  on  the Protection  of the Rights  of all Migrant  Workers and Members  of  their  Families 
of  18 December  1990 

- General Assembly  resolution  (48/102) of 20 December  1993 on the combat against  alien-smuggling. 

-  Economic  and  Social  Council  resolution  (1995/10)  of  24  July  1995,  concerning  criminal  justice 
action  to combat  the  organized  smuggling  of illegal  migrants  across  national  boundaries 

b)  Council  of  Europe 

-  Convention  de sauvegarde  des  droits  de  l'homme et des  libertés fondamentales,  Rome 4 novembre 
1950 

44 

-  European  Convention  on  Extradition  of  13 December  1957 

-  European  Convention  on Mutual  Assistance  in  Criminal Matters  of  10 April  1959 

-  European  Convention  on  the  Transfer  of Proceedings  in  Criminal Matters  of  May  1972 

- Convention for the Protection  of Individuals  with regard to Automatic  Processing  of Personal  Data, 
28  January  1981 

-  Convention  on  Laundering,  Search,  Seizure  and  Confiscation  of  the  proceeds  from  Crime,  8 
November  1990 

-  Recommendation  n" R  (91)  11 of  9  September  1991  concerning  sexual  exploitation,  pornography 
thereto, 
and  prostitution  of,  and  trafficking 
CDPC(91)17, Strasbourg  18 July  1991 

in,  children  and  young  adults  and  draft  report 

c) European  Communities 

European  Parliament  Resolution  on  a European  Charter  of Rights  of the  Child, adopted  on  8 July 

1992 

European  Parliament  Resolution  of  22  January  1993  on  the  setting  up  of  Europol  (ref:  OJ  C 42, 

15.2.1993) 

European  Parliament  Resolution  of  17 December  1993 on pornography  (ref:  OJ  C 20,  24.1.1994) 

European  Parliament  Resolution  of  19  May  1995  on  the  Europol  Convention  (ref:  OJ  C  151, 

19.6.1995) 

d)  Others 

Schengen  Agreement  on  Abolition  of  Border  Checks,  1985 

UN 

UN 

UN 

UN 

UN 

III.Reports 

Declaration  on  the Elimination  of  Violence  against  Women,  1993 

Advancement  of  Women  -  Traffic  in  women  and  girls  -  Report  of  the 
Secretary-General,  August  1995  (rcf:  A/50/369) 

Third  Committee  Report  of the Secretary  General  to  the  50th Session  of the 
General  Assembly  concerning  Traffic  in  women  and  girls;  (1995)  (rcf: 
A/50/369) 

Fourth  World Conference  on  Women - Beijing, China, 4-15  September  1995, 
section  D,  (rcf:  A/CONF. 177/L./Add.20) 

UN Expert  Group Meeting  on  Violence  against  Women Migrant  Workers  -
Manila,  Philippines  - 27-31  May  1996 

45 

UN 

IOM 

IOM 

IOM 

IOM 

IOM 

Programme  of Action  of  the  UN Commission  on Human  Rights for  the 
Prevention  of  the  Traffic  in Persons  and  the Exploitation  of  Others,  1996 

"Trafficking in Migrants",  Quarterly Bulletin of the International  Organization 
for  Migration, N'4,  September  1994. 

Seminar  on  'International  Response  to  Trafficking  in  Migrants  and  the 
Safeguarding  of Migrant  Rights',  Geneva,  26-28  October  1994 

Trafficking and Prostitution:  the growing  exploitation of migrant women from 
Central  and  Eastern  Europe,  May  1995. 

Trafficking  in women for  sexual  exploitation  to Italy,  June  1996 

Trafficking  in Women to Austria for  Sexual Exploitation,  in collaboration with 
the  Office  of the  Austrian  Minister  of Women's  Affairs,  June  1996 

Council  of  Europe 

Working papers  and Proceedings  of the Seminar  on action  against  traffic  in 
women  and forced  prostitution  as  violations  of  human  rights  and  human 
dignity  (Strasbourg  25-27  September  1991)  (ref:  EG/PROST  (91)) 

Council  of  Europe 

Final report of the Group of Specialists  on action against  traffic in women and 
forced  prostitution  (EG-S-TP) with amended appendices,  Steering  Committee 
for  equality  between  men  and  women 
(ref: 
s:\equality\cdeg94\ecdeg31.94) 

(CDEG),  June  1994, 

Council  of  Europe 

Amended  summary  of  national  replies  to  the  questionnaire  on  forced 
prostitution  and  traffic  in  women,  Steering  Committee  for  equality  between 
men  and  women  (CDEG), June  1994, (ref:  s:\equality\cdeg94\ecdeg32.94) 

Council  of  Europe 

Synthesis of answers by the individual countries to the questionnaire  on forced 
prostitution  and  traffic  in women  - amended  tables,  Steering  Committee  for 
equality 
(ref: 
s:\equality\cdeg94\ecdeg33.94) 

between  men 

and  women 

(CDEG), 

1994, 

June 

European  Parliament 

Report  on  behalf  of  the  Committee  on  Women's  Rights  on  Exploitation  of 
Prostitution  and  the  traffic  in  Human  Beings:  rapporteur  Carmen  Llorca 
Vilaplana,  Session  document  of  31 March  1989, A2-52/89 

INTERPOL 

Recommandations  du  Colloque  international  sur  la traite  des  êtres  humains 
(Saint-Cloud,  21-23  septembre  1988) 

Michèle  HIRSCH 

Plan  of  Action  against  Traffic  in  women  and forced  prostitution  for  the 
Council  of  Europe,  9 April  1996  (rcf:  EG  (96)  2) 

IGC 

(Inter-Governmental  Consultations on Asylum Refugee and Migration Policies 
in  Europe, North  America  and  Australia) 

-Answers  by Participating  States to the Questionnaire on Trafficking of Aliens. 

Document:  IGC/TRAF/7/94 

-  Exchange  of  information  on  Alien's  trafficking  in  states  in  Europe,  North 
America  and  Australia,  December  1995  (ref:  IGCATRAF/10/95(1)) 

46 

Budapest  Group 

"Anti-trafficking  model  legislation",  Report  of  the  working  group  of  the 
Budapest  Group, prepared  by  Belgium  and  Poland  with  the technical  support 
of  IGC,  Ljubljana,  13-14 June  1996 

INTERPOL 

UNHCR 

UN 

UN 

UN 

UN 

UN 

UN 

UN 

UN 

UNESCO 

UNESCO 

IV. Related  reports 

Conclusions  de  la  Réunion  européenne  en  matière  d'exploitation  de  la 
prostitution  et  de  la pornographie  (Saint-Cloud,  28-29  septembre  1987) 

"Sexual violence against Refugees -Guidelines  on Prevention  and Response"  -
Geneva  1995 

Report  of  the  Working  Group  on  Contemporary  Forms  of  Slavery  on  its 
sixteenth  session,  Economic  and  Social  Committee,  Commission  on  Human 
Rights, E/CN.4/Sub.2/1991/41,  19 August  1991 

Report  of the  World Conference  on Human  Rights,  Vienna,  14-25 June  1993 
(A/CONF. 15 7/ (Part  I)), chap  III 

Report  of  the  International  Conference  on  Population  and  Development, 
Cairo, 5-13  September  1994 (A/CONF. 171/13), annex, para 4.9; 10-15; 10.20 

Economic  and  Social  Council  - Reports prepared  by  the  Secretary  General 
to combat  the smuggling  of illegal  migrants 
(refs:  A/49/350,E/CN. 15/1995/3) 

UNICRI - The  World's  Women 1995: Trends  and  Statistics,  prepared  by  the 
Statistics  Division  of the  Department  for  Policy  Analysis 

Economic  and  Social  Council  -  Commission  on  Crime  Prevention  and 
Criminal  Justice  -  Review  of  priority  themes  -  Measures  to  combat  the 
smuggling  of  illegal  migrants  -  Report  of  the  Secretary  General,  21  March 
1996  (ref:  E/CN. 15/1996/4) 

Economic  and  Social  Council  -  Commission  on  Crime  Prevention  and 
Criminal Justice - Review of priority themes - Elimination  of violence  against 
women,  23  May  1996  (ref:  E/CN15/I996/L.10) 

Report of the  Special  rapporteur on violence against women, April  1996  (ref: 
E/CN.4/1996/53) 

Conclusions  et  recommandations  générales  de  la  réunion  internationale 
d'experts  sur  les  causes socio-culturelles  prostitution  et  stratégies  contre  le 
proxénétisme  et  l'exploitation  sexuelle  des femmes  (Madrid,  18-21  mars 19Ï} 
(ref:  SHS-85/CONF.608/14) 

Fédération  Internationale  des  Droits  de  l'Homme.  Conseil  international  des 
femmes,  Communauté  Française  de  Belgique:  "Actes  de  la  conférence  de 
Bruxelles  du  6  mars  199S,  Commerce  du  sexe  et  droits  humains  (2ème 
édition)" 

47 

V  . Available  National  Resources 

a)  Belgium 

-  Belgian  parliamentary  Enquête  parlementaire  en  vue  d'élaborer  une politique  structurelle  visant 
la  répression  et  l'abolition  de  la  traite  des  êtres  humains.  Chambre  des 
Commission  on 
Représentants  de  Belgique, (ref:  673/8-91/92,  18 mars  1994) 
Trafficking 
(BPCT) 

-  Centre  pour  l'Egalité  Rapport  annuel  d'évaluation sur  l'évolution  et les résultats  de  la lutte  contre 
des  Chances  et  la  lutte  la  traite  des  êtres  humains,  mars  1996 
contre  le  racisme 

b)  The  Netherlands 

Ministry  of 
Social  Affairs 

Vrouwenhandel,  Onderzoek  naar  aard, globale  omvang  en  de  kanalen 
waarlangs  vrouwenhandel  naar  Nederland  plaatsvindt,  1985, Buijs,  H.W.J. 
en  Verbraken,  A-M. 

Openbaar  Ministerie 

Plan  van  Aanpak  Mensensmokkel,  Landelijk  Officier  van  Justitie  The 
mensensmokkel,  Mvr  P.M.H. van  der Molen-Maesen, rotterdam, maart  1996 

c)  France 

Ministère  de  l'Intérieur  Office  Central  pour  la Répression  de  la Traite  des  Etres  Humains: 
et  de  l'Aménagement 
du  territoire 

- Rapport  1994, 
- Rapport  du  4ème colloque sur  la criminalité  organisée,  décembre  1994 
(ref:  DCPJ/AC4/OCRTEH) 

Ministère  de  l'intérieur  Prostitution  et proxénétisme  en Europe,  étude  conçue  et  réalisée  par  Anne 
et  de  l'Aménagement  Cazals, La  Documentation  Française  (ref:  DF 5  3318-1),  Paris  1995 
du  territoire 

d)  Germany 

Bundesministerium 
fur  Frauen  und  Jugend  Frauen.  Schriftenreihe  des  BMFJ, Bd.  8, Lohlhammer,  Stuttgart 

Umfeld uns Ausmafî des Mensçhenhandels  mit auslandischen  Madchen  und 

Koths, KOK 

Lagebild  Menschenhandel  1994, Wiesbaden,  1995  (ref:  OA  31-331/332) 

Hamisch,  KK'in 

e)  Sweden 

Prostitution  Commission  Betânkande  av  1993 ârs Prostitutionsutredning,  SOU  1995:15 

VI  .Publications 

Agistra 

Frauenhandel  und Proslitulionstourismus,  Fine  bestandaufnahme.  Trickstcr-
Verlag,  Mùnchcn,  1990 

48 

Ban Ying  e.  V. 

Der  handel  mit  auslândischen  Frauen  in  Berlin  -  cine  Bcstandsaufnahmc, 
Berlin  Koordinationsstclle,  1994 

Barry,  K. 

"The prostitution of Sexuality", 381 pages, June  1996, (ISBN: 0-8147-1277-0) 

Bouffioux,  M. 
De  Staercke, J-P. 

"Appellez-moi  Elvira"  Traite  des  Femmes  et  Réseaux  de  Pédophilie  en 
Belgique  Francophone, Editions  Luc  Pire, Bruxelles,  1994 

Cabiaia, E. 

"La  repressione  délia  tratta  degli  esseri  umani  e  dello  sfrittamento  délia 
prostituzione  nella  Convenzione  di New  York", Le nuove  leggi  commentate, 
1981 

Caritas  Suisse 

La  Traite  du  malheur:  le  marché  des femmes  en  Suisse,  Lucerne:  Editions 
Caritas,  1992 

Davies,  C. 

Dem,  H. 

de  Boer,  M. 

De  Stoop,  C. 

De  Stoop,  C. 

Free  and Equal  in Dignity  and  rights?  The  Trafficking  of  Women to Europe. 
Quaker  Council  for  European  Affairs,  Brussels,  1992. 

Menschenhandel,  Gesellschaft  undPolizei.  In: Monatsschrift  fïirKriminologie 
und  Strafrechtsform,  6/91, pp.329-338,  1991 

Traffic  in  Women:  Policy  in  Focus,  Final  report,  Evaluation  of  the  PG-
directives  concerning  the  Tracing  of  and  Legal  Action  against  Traffic  in 
Women,  Utrecht  University, Netherlands,  1994 

"They  are  So  Sweet,  Sir",  Limitless  Asia  Publications,  Leuven,  Belgium, 
1994. 

Prostitutie  en  Seksueel  Misbruik:  Vrouwenhandel  in  België:  een  Diagnose, 
Brussels,  1991 

Fondation  Roi  Baudouin  Prostitution  et  exploitation  sexuelle,  Rapport,  Bruxelles,  1991 

Fôrg-Rob, E. 

Frommel,  M. 

prostitutionstourismus, 
Frauensolidaritàt 
Hintergrùnde  und  Fakten  zur  sexuellen  und  rassistischen  Ausbeutung  von 
Frauen  in  ôstrerreich",  Wicn,  1992 

"Frauenhandel 

und 

zum  Entwurf 

des 
Anmerkungen 
Bundersrates  (BR-Dr. 638/91) zum Menschenhandel. In: Streit,  10. Jahrgang, 
Hcft  2, pp.  68-70.,  1992 

eines  Strafrechtsânderungsgesetzes 

Gazan,  F. and  Vandemeulcbrocke,  0. 

"Traite des  Etres  Humains  - Exploitation  et abus  sexuels,  les 
nouvelles  lois  des  27  mars  et  13  avril  1995",  Revue  de  droit  penal  et  de 
criminologie,  sous  les  auspices  du  Ministère  de  la Justice, décembre  1995 

Gckauftes  Unglùck 

"Die Armut  als  Basis  des frauenhandels",  Dokumentation  3/92 

Hirsch,  M. 

"La traite des Etres Humains,  Une législation modèle pour VEurope? ", Journal 
des  Tribunaux,  N'  5768, Bruxelles, septembre  1995 

Kath.Univcrsitat  Erichstâtt  Umfeld  und Ausmafi des Menschenhandels  mit  auslândischen  Màdchen 
und Frauen,  Schriftcnrcihc  des Bundcsministcrium fùrFamilic,  Scniorcn, 
Frauen  und  Jungcnd, Bd.8,  1992 

49 

Kesslcr,  S. 

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COM(96) 567  final 

DOCUMENTS 

EN 

05  06  01 

Catalogue  number  :  CB-CO-96-601-EN-C 

ISBN 92-78-11760-9 

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