Council Conclusions of 8 May 2003
Date: 2003-05-08
Institutions: Council of the European Union
Subjects: child protection, database, judicial cooperation, organised crime, penalty, police cooperation, trafficking in human beings, woman

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(Information)

COUNCIL

COUNCIL CONCLUSIONS

of 8 May 2003

(2003/C 137/01)

THE COUNCIL:

1. Takes note of

the Brussels Declaration made at

the
European Conference on preventing and combating traf-
ficking in human beings, global challenge for the 21st
Century, on 18 to 20 September 2002;

2. Welcomes
document
scourge of trafficking in human beings;

the general approach that
to the prevention and combating of

is given in the
the

3. Recommends to the Member States to:

(a) take, as soon as possible, the appropriate measures to
enable the deposit of instruments of ratification of the
UN Convention against transnational organised crime,
the Protocol to prevent, suppress and punish trafficking
in persons, especially women and children, supple-
menting the UN Convention against
transnational
organised crime and the Protocol on smuggling of
migrants by land, sea and air, supplementing the UN
Convention against transnational organised crime;

(b) implement as soon as possible, before 1 August 2004,
the Framework Decision on trafficking in human beings;

4. Agrees

to examine

to
implement specific items contained in the Declaration on
preventing and combating trafficking in human beings;

appropriate proposals made

5. Notes that the Commission will contribute to the elabo-
ration of an action plan for the implementation of the
objectives of the Declaration;

6. In view of the above, urges the Member States to consider

the following items as policy priorities:

(a) subject to a feasibility study being taken forward in the
work to develop the Schengen Information System II,
the creation of a European data base of missing persons,
in conjunction with such bodies as Interpol, Europol
and
specifically
recorded details of missing persons that are believed
to be victims of traffickers;

Eurojust, which would

include

(b) to ensure appropriate measures so that, where illegal
practices supporting trafficking in human beings are
detected,
i.e. within job finding and travel agencies,
adequate sanctions may be imposed on them;

(c) to intensify judicial and police cooperation with relevant
third countries neighbors to the European Union;

(d) to continue to develop appropriate supporting measures
in order to protect the victims of trafficking, especially
women and children; this assistance should be provided,
where appropriate,
in close cooperation between state
authorities and independent specialised organisations
(NGOs) and to encourage further development of the
sharing of best practices.

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BRUSSELS DECLARATION ON PREVENTING AND COMBATING TRAFFICKING IN HUMAN
BEINGS (*)

The European Conference on preventing and combating traf-
ficking in human beings, global challenge for the 21st Century,
brought
the EU
together on 18 to 20 September 2002,
Member States, candidate countries, neighbouring countries
such as Russia, the Ukraine, the NIS, and the countries of
the stabilisation and association process as well as US,
Canada, China, regions, international organisations (IOs), inter-
governmental organisations (IGOs), non-governmental organi-
sations (NGOs) and the institutions of the European Union.
More than 1 000 representatives of
the abovementioned
sectors participated.

Initiated by the European Commission under the STOP II
Programme, which was set up to financially support actions
to fight and prevent trafficking in human beings and the sexual
exploitation of children, the Conference was organised by the
International Organisation for Migration (IOM), in close coop-
eration with the European Parliament and the European
Commission, and supported by a broad range of interested
parties and participants, in particular those governments that
hosted preparatory meetings.

The overarching objective of the Conference was to provide an
opportunity to take stock of trends in human trafficking and a
European policy to respond to a challenge that risks under-
mining our fundamental values and the full realisation of an
area of freedom, security and justice.

The Conference was built on the vast experience gathered so
far in the fight against trafficking in human beings, including
legislative initiatives, numerous workshops, conferences and
meetings on how to improve the intergovernmental and inter-
institutional cooperation, projects, and policy implementation
at European level and beyond. After some years of devel-
opment of a comprehensive policy, the Conference provided
yet another important milestone in the fight against human
trafficking which invited actors to take the next crucial steps
towards
to implement best practices
identified in a comprehensive and coordinated European
approach.

reinforcing efforts

Trafficking in human beings is an abhorrent and worrying
phenomenon involving coercive sexual exploitation,
labour
exploitation in conditions akin to slavery, exploitation in
begging and juvenile delinquency as well as domestic servitude.
the victims'
These practices constitute serious violations of
human rights as enshrined in international
law and the EU
Charter on Fundamental Rights. Trafficking in human beings
has been identified as a criminal activity increasingly penetrated
by transnational organised crime that generates substantial
illicit proceeds, often laundered and fed into licit markets,
with a too low risk of prosecution and confiscation.

(*) This text is only available in the English language.

including institutions at local,
The international community,
regional and governmental
level, NGOs, IOs, IGOs, and the
EU institutions are called upon to match up to the challenges
posed by this international crime phenomenon with all
its
repellent aspects and to provide an unambiguous and compre-
hensive response, at national, European and international
levels, working towards a comprehensive, multidisciplinary
and effectively coordinated policy that involves actors from
all fields concerned. Such an unambiguous response must be
consistent with, and indeed put at the front, human rights
standards such as the Principles and Guidelines elaborated by
the UN High Commissioner for Human Rights, and must give
particular attention to trafficking in children taking into
account
interest and the consistency with inter-
national instruments on children's rights.

their best

to address

transit and destination alike,

The comprehensive European policy against human trafficking
the entire trafficking chain, comprising
needs
countries of origin,
targeting
recruiters, people who transport the victims, exploiters, other
intermediaries, clients, and beneficiaries. Also the development
of a broader policy on migration management can offer a
substantial contribution in reducing and preventing trafficking
in human beings. Furthermore, root causes of trafficking, not
least
including unemployment, poverty, gender inequalities,
including the status of girls, social and cultural attitudes, and
the demand for sexual services, cheap labour and other forms
of exploitation must continue to be at the forefront of the
long-term efforts to fight human trafficking effectively. A
global approach to trafficking must address all forms of exploi-
tation,
in
particular child labour, and begging.

including sexual exploitation,

labour exploitation,

The Brussels Declaration, prepared in the spirit of contributions
submitted in the preparations of the Conference and in the
spirit of contributions made at
the Conference, aims at
further developing European and international cooperation,
concrete measures, standards, best practices and mechanisms
to prevent and combat trafficking in human beings.

The coalition of committed governments, international bodies
and NGOs is called upon to take concrete measures and to
intensify cooperation in the fields of prevention, victim
protection and assistance, and police and judicial cooperation,
in particular with a view to achieving a swift and sustainable
reduction of trafficking in human beings.

Representatives from the countries, organisations and sectors
mentioned above, underlined their intention to develop the
work against trafficking in human beings on the basis of the
draft recommendations, standards and best practices of the
Annex to this Brussels Declaration on preventing and
combating trafficking in human beings.

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ANNEX

RECOMMENDATIONS, STANDARDS & BEST PRACTICES

MECHANISMS FOR COOPERATION AND COORDINATION

1. International coordination and exchange of information

— All international bodies, governments and other actors internationally active to fight and prevent trafficking in
human beings, should intensify their cooperation and exchange of information with a view to achieving a better
coordinated response, to avoid overlaps and duplications of work, and to maximise the impact of actions taken at
international level. Governments should ensure that all IOs and IGOs that play a significant role in the fight against
trafficking have adequate resources to fulfil their mandate. Imperative for improved cooperation is, furthermore, to
put into to practice international instruments in place and to further develop action plans that provide pragmatic
and concrete solutions for cooperation that should be evaluated and followed-up.

— For the European Union, particular emphasis should be put on further efforts to continue the integration of
candidate countries into the structures for cooperation against trafficking in human beings. The relation between
the European Union and other countries such as non-EU Member States of the Council of Europe and other relevant
countries should be given increased attention.

— In the field of law enforcement and judicial cooperation, direct contacts between competent authorities should be

further promoted and take precedence over the use of complex procedures and structures.

2. European Experts Group and national structures

— The validity and performance of standards and best practices of the counter-trafficking policy at the national and
international levels should be subjected to review, consolidation and development. At European level, an Experts
Group, comprising representatives from governments, IGOs, NGOs, international bodies, researchers, the private
sector such as the transport sector, and other stakeholders should be set up by the European Commission.

— At national level, a systematic mechanism, such as the appointment of national rapporteurs and/or regular multi-
disciplinary group meetings, would support a regular evaluation, monitoring and further improvement in the
implementation of national policies. Links between such mechanisms should be established at European level, in
close cooperation with the EU institutions, Europol, the European Judicial Network, Eurojust, and CEPOL.

3. The European Forum on prevention of organised crime

— In addition to the setting up of an European Experts Group on trafficking, the European Commission should
intensify its efforts to enhance and deepen inter-institutional dialogue and cooperation under its European Forum
on prevention of organised crime, in particular with a view to continuing the identification of appropriate measures
against trafficking in human beings and intensifying the dialogue between public and non-governmental actors on
the basis of a consultation mechanism to be established. The objective would be to establish a European policy that
comprises a continuous and transparent process of policy review, consolidation and further development of
approaches and instruments in the fight against
trafficking in human beings. For this purpose, a dedicated
subgroup of the European Forum on prevention of organised crime should be set up. The European Forum on
the fight against trafficking in human beings should be convened without delay to continue its important work and
to commence the follow-up to this Declaration.

4. Strengthening European networking on victim assistance

— All organisations involved in the provision of assistance to victims should further develop networking and
exchanges with a view to ensure the promulgation and implementation of best practices, including accessibility
of information on the availability of both governmental and non-governmental facilities and resources, ‘safe house’
accommodation and specialist support measures. Such networking of especially the NGO sector should also be used
to facilitate the dialogue with the relevant European institutions. Intensified networking will also play a critical role
in return programmes for victims of trafficking. In addition, the IO- IGO-NGO sector and others involved in the
assistance to victims should make efforts to ensure the management and quality of the assistance to and protection
of victims that is provided, for instance through the development of a self-assessment framework, to be further
elaborated and supported under the European Forum on the fight against trafficking in human beings.

5. European database of missing persons

— A feasibility study should be conducted on the establishment of a European database for missing persons,

in
conjunction with Interpol and Europol, which would include specifically recorded details of missing persons that
are believed to be the victims of traffickers. Such a database would be of critical importance in the context of
unaccompanied minors that become child trafficking victims.

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6. Mobilising EU-instruments

— Instruments used in cooperation with government authorities or in supporting local NGOs and civil society should
be further developed with all countries of origin, transit and destination. The Tacis and Phare programmes have
retained attention to the problem of trafficking in human beings. The CARDS programme for the Balkans includes
the fight against trafficking as a strategic objective.

All these programmes are also important in view of their broader aims that will contribute to the long-term efforts
to address the root causes of trafficking in human beings.

— Jointly financed and implemented actions against trafficking in human beings, such as the joint EU/US information

campaigns, should be further considered and implemented.

— Specifically in the field of justice and home affairs, the Framework Programme on police and judicial cooperation in
criminal matters (AGIS) should be fully utilised to augment the achievements under the STOP and STOP II
Programmes and the implementation of a comprehensive European policy against trafficking in human beings.

— Trafficking in human beings should be included on the social agenda in Europe.

PREVENTION OF TRAFFICKING IN HUMAN BEINGS

7. Root causes

— An essential aspect of a human rights based approach to trafficking in human beings is to put emphasis on gender
perspectives. A European counter trafficking strategy should include the combating of gender-based violence and
patriarchal structures that foster a favourable environment for trafficking.

— Legislation and policies on equal opportunities must protect and strengthen the legal and social position of women

and children and specifically address all forms of gender discrimination.

— Support programmes should be established aiming at the full participation and empowerment of women in their
societies, in particular, in educational facilities and economic life, including support to female entrepreneurship.

— Support programmes should aim at the strengthening of efforts to tackle poverty and further marginalisation,
particularly amongst the most vulnerable groups of the populations, including women and the girl child, in all
countries of origin, transit and destination through measures designed to improve governance, material support,
social protection and employment opportunities and sustainable economic developments.

— Without confusing the fight against

immigration,
programmes to prevent and combat trafficking should be inserted in a global concept of migration management,
therefore, taking into account all different aspects that could intervene in the migration process. It is necessary to
examine ways of increasing opportunities of legal, gainful and non-exploitative labour migration in order to reduce
the usage of irregular means.

trafficking in human beings with the fight against

illegal

— It should be an essential and common goal for the fight against trafficking to address the reduction of the demand
for sexual services and cheap labour. This includes education to equal and respectful relationships between sexes,
and awareness campaigns especially targeting clients.

8. Research

— In order to develop efficient and targeted prevention measures on trafficking in human beings, there is a need for
improved data, research, and analysis, including on the character and scale of trafficking and the trafficking and
exploitation mechanisms deployed by the organised criminal groups. A methodology should be developed that takes
into account the evolving character of this form of crime into consideration. Research on this phenomenon should
be a priority at European level under the sixth Research Framework Programme.

— To facilitate research and analysis, strategic, depersonalised, qualitative and quantitative data and information on all
the component and structures of trafficking should be made available and exchanged on a bilateral and multilateral
basis.

— A crucial component in the comprehensive counter-trafficking response will be further research and analysis of the
‘demand’ side of the trafficking process and an examination of methods by which the demand of clients can be
effectively reduced.

— Research should be developed that focuses specifically on the needs and vulnerability of children.

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9. Training

joint training should be set up which targets police investigators, prosecutors, IO, IGO and NGO
— Specialised,
intended in particular at improving the conduct of counter-trafficking operations, the identification
personnel,
justice system.
and rescue of trafficked victims and of their subsequent treatment by the police and criminal
intelligence led investigative tactics should be developed.
Moreover,
Specific specialised training modules need to focus on child trafficking, addressing the complex and special vulner-
abilities of child victims.

the use and management of proactive,

— General, multi-disciplinary and human rights based counter-trafficking training for judicial,

law enforcement,
IGO and NGO personnel and other concerned professional
medical, education, diplomatic,
groups should be developed. This training should also focus on the immediate needs and treatment of victims
and of how they should be treated by the criminal
justice system. It should also promote a multi-disciplinary
approach by for instance specialised NGOs providing lectures at police academies.

immigration,

IO,

— Specific training programmes aimed at front-line police and frontier personnel and the new recruits of both agencies
should be developed that are designed to enable them to recognise the indicators of trafficking related crimes, the
collection and dissemination of counter-trafficking intelligence, and to fully realise their potential to identify and
rescue victims. As an integral part of increasing the ability of front line and recruit personnel to assist victims, this
training should incorporate the principles of democratic policing, human rights and gender equality and should
consist of elements like gender sensibility, intercultural qualification, anti-racist strategies and an overall human
rights education.

— General training of international military and police peacekeepers and related civilian contractors on the subject of
human trafficking and its impact on victims should be included in preparation of missions. This should include
codes of conduct, identification and reporting on trafficking activity and non-involvement in any activity that adds
to the exploitation of trafficked victims.

— Closer links should be developed with educators and Ministries of Education with a view to elaborating and
including relevant and realistic teaching modules in school and college curricula and to informing pupils and
students of human rights and gender issues. These subjects should be specifically linked to teaching young
people about
the opportunities for legal
migration and foreign employment and of the grave risks involved in irregular migration.

the modus operandi and dangers presented by trafficking crime,

10. Awareness-raising

— Awareness-raising and information campaigns should be an on-going process and not be limited to ‘one-off’

activities in various locations.

— Awareness-raising campaigns should be aimed at relevant target groups, including potential victims, policy makers,
law enforcement officers, diplomatic and consular personnel and other relevant public officials, such as medical,
social services, and employment officials. They should include an overall aim towards the target groups to increase
their readiness to address trafficking in human beings adequately, strengthen their institutional capacity to counter
trafficking and promote the sustainability of the activities of the campaigns.

— The campaigns must be realistic and factual concerning the possibilities of legal migration and foreign employment
opportunities and of the potential risks posed by the use of irregular migration methods. They should be of a
multimedia format to include videos, printed material etc. To support this process, each potential State of desti-
nation should prepare briefing materials such as leaflets, brochures or videos, prepared in the language of the
country concerned, addressing migration and employment opportunities within their territory. This material should
be prominently displayed in the consular and visa sections of the State diplomatic missions and copies should also
be enclosed in any postal visa applications.

— The perception of the problem of trafficking in human beings brought forward by media needs to include a clear
explanation of the phenomenon and this explanation needs to be better developed. To maximise public knowledge
and awareness of trafficking, targeted awareness raising campaigns with media professionals should be conducted,
including the preparation of updated briefing or background material on trafficking crime.

— Awareness raising campaigns aiming at the ‘demand’ side of the trafficking process should be developed as part of a

comprehensive process of reducing trafficking effectively.

— Well-publicised telephone ‘hotlines’ should be established in the countries of origin, transit and destination. These
‘hotlines’ should serve two purposes: (i) they can act as an independent source of advice and guidance to potential
victims who may be considering the merits of offers made by the traffickers, (ii) the ‘hotline’ can be used as a ‘first
point of contact’ for trafficked victims who can then be referred to the full available range of support measures. The
data protection must be guaranteed for the victims' safety.

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11. Administrative controls

— Regimes and practices should be implemented to regulate and monitor agencies that frequently appear within the
modus operandi of the trafficking crime. Agencies such as bridal, employment, tourist, escort, au-pair or adoption
entities should be monitored by State authorities so that those that act outside of the legal requirements and
practices can be identified, and, where appropriate, be subjected to adequate sanctions. This activity should
include coordination with the ministerial entities responsible for international police cooperation with a view to
provide early identification of those agencies that may be engaged in malpractice or actively complicit in trafficking
crime.

— The security and quality of identity and travel documents must be enhanced at every stage of the trafficking process.
Personnel training and equipment to detect forged or altered documents must be strengthened. A closer cooperation
and exchange of information should be developed among consulates and embassies in countries of origin, transit
and destination.

— Within the countries of destination, it is essential to implement measures to reduce the ‘invisibility of exploitation’.
A multi-agency programme of monitoring, administrative controls and intelligence gathering within the sex and
labour markets will greatly contribute to this objective. Police, health, employment, other concerned public officials,
and IO, IGO and NGO personnel should work together to impose high visibility monitoring of the sex and labour
markets and to develop intelligence sources within them to provide early warning of trafficking indicators. Close
liaison should be conducted with employers and workers organisations' in order to develop early warning systems of
the use of illegal labour.

— Given the increasing use of the Internet within the overall modus operandi of trafficking crime, monitoring of the
medium must be seen as an integral part of the reduction of the ‘invisibility of exploitation’. Public-private
partnerships with the Internet sevice providers must be further developed.

— In order to prevent trafficking for the purpose of labour exploitation, more effective measures aiming at curbing the
illegal labour market and the promotion of better life and working conditions in countries of origin and destination
are needed.

12. Specific recommendations to prevent the trafficking of children

— The special vulnerability and needs of child-trafficked victims is recognised and enshrined in international and
national law. This must also be clearly reflected in practice. To reduce the incidence of child trafficking, specific
action should be implemented such as in the field of passport and visa regulations, including the possibility to
require that all children over the age of five must be in possession of their own passport and the extension of
submission times for visa applications in respect of children to allow for background enquiry in the origin and
destination countries. The inclusion of biometrics in issued travel documents will contribute to better identification
of trafficked and missing children. Another important measure is to require carrier agents to retain the identity and
travel documents of unaccompanied minors and those of children that are accompanied, but not by an immediate
family member that can then be handed into the possession of the immigration authorities at the point of arrival. In
addition, research and development of systems for registration of children could contribute to the prevention of
trafficking in children once set up.

13. Immediate victim assistance

VICTIM PROTECTION AND ASSISTANCE

— Research and analysis must be developed to identify profiles of traffickers and trafficked victims, including the
design of a matrix of key trafficking indicators for use by front-line police and border personnel to enable them to
make the distinction between trafficked victims and irregular migrants.

— Victims of trafficking must be granted access to a full range of support measures that should include access to
sheltered accommodation, physical, sexual and psychological health care and support and independent health, legal
and social counselling. The provision of such treatment must be on a consensual and fully informed basis.

— Victims should be counselled as to the benefits of sexual health checks, but should not be subjected to mandatory

testing for HIV-AIDS or other forms of sexually transmitted diseases.

— In providing such support measures, the specific and special needs of trafficked child must be addressed. As a
minimum standard child victims must have access to the school system and vocational training taking into account
these special needs.

— Access to and provision of shelter, protection and assistance to victims should be timely and adequately funded. In
the context of trafficking, this very often means the proper funding of IO, IGO and NGO shelter functions. This
would also contribute to ensure the independent status of these organisations, in particular NGOs.

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— The exchanges between NGOs, social workers and others concerned with victim assistance from countries of origin,
transit and destination should be developed. This would improve the understanding of the victim that would
contribute to the recovery of the victim and eventually also to his or her reintegration. Those concerned with
assistance to victims should also seek to involve collaborators from countries of origin in the work of their
organisation.

— Trafficked victims must be recognised as victims of serious crime. Therefore they should not be re-victimised,
further stigmatised, criminalised, prosecuted or held in detention centres for offences that may have been committed
by the victim as part of the trafficking process.

— Where a trafficked victim is also entitled to seek asylum under the current provisions, the fact that the person is also
a trafficked victim should not interfere in any way with the right to seek asylum or other available forms of
residence. Victims should also be treated in accordance with the terms laid down in Article 14 of the UN Protocol
on trafficking in persons.

— Protocols of minimum standards should be drawn up between law enforcement services and IOs and NGOs on the
immediate treatment of trafficked victims. Without endangering the confidence a victim should have for an NGO,
these standards would include at least:

— that law enforcement officers must recognise victims of trafficking as victims of serious crime that must not be
re-victimised and must treat them in accordance with their human rights and in accordance with the UN
Protocol on trafficking in persons;

— that the safety of the victims and their families is the paramount consideration;

— that the investigator has a clear duty to conduct a continuous process of risk assessment in respect of the safety
and welfare of the victims and their families at every stage of the investigative and judicial process and beyond.

14. The victim as a witness

— Removal of victims of trafficking should be avoided in cases where it is necessary for their protection or where they

can contribute to the investigation against the traffickers.

— There is a need to identify and develop protocols to regulate the conditions under which law enforcement services
have access to victims in shelters or who are otherwise being supported by the IO-IGO-NGO sector. Such protocols
should include best practices that clearly define the roles and responsibilities of each side and address police visits to
the shelters, the presence of an independent counsellor to represent the victim at all times, the provision of a verbal
and written briefing as to the exact responsibilities and conditions under which a victim would be required to
provide his/her deposition and testimony. Such protocols should also govern the exchange of intelligence between
law enforcement and the IO- IGO- NGO sector and include as a minimum standard the prohibition of exchange of
personalised data without the written permission of the victim. A common standard for the evaluation and
dissemination of the intelligence material to be exchanged should also be agreed.

— Best practice should also be developed that allows for the presence of an independent counsellor at every stage of
the investigative and criminal proceedings, facilities to provide the deposition in a video or audio format, legal
protection of the confidentiality of his or her true identity and address, facilities to give his/her testimony via a video
link or by other means that do not require the victim to be in the physical presence of his/her exploiter, and the full
range of court support measures during the period of his/her testimony.

— On the basis of threat assessments of the risks involved for the victim witness, witness protection measures should
include the provision of shelter or ‘safe house’ accommodation, including the victim's family, change of identity with
supporting documentation, relocation, access to funding, provision of security advice and brief training, and the
provision of personal security equipment.

— Access to short-term residence permits for those victims that agree to cooperate with the criminal justice system of
the State concerned must be made available. The proposal for a Directive (COM(2002) 71) on this topic, which will
be part of the acquis once adopted, will form one of key components of a comprehensive European approach. The
detailed explanation to a victim of exactly what would be required by the criminal justice system is a central part of
a long enough reflection period before such a short-term residence permit is issued and should include the fact that
account will taken of the victim's cooperation when that person applies for a residence permit on other grounds,
once the special short-term permit has expired. The implementation of such a residence permit must be carefully
monitored and evaluated to prevent the incidence of ‘procedure shopping’ whereby the capacity to accommodate
and support genuine trafficked victims is eroded by the claims of fraudulent victims. A victim should be allowed the
opportunity to appeal against administrative or judicial decisions taken in the context of short-term permits of stay.
Furthermore, schemes on providing short-term residence permits for social protection or humanitarian reasons
should be evaluated and the feasibility of such a scheme forming part of a European policy be examined.

— Victims as witnesses and/or intelligence sources are of immense potential to the counter-trafficking response, but
there are real risks involved in their deposition, testimony and/or the exchange of intelligence. Therefore, a process
of continuous risk assessment should be developed with the IO, IGO or NGO providing the shelter or other form of
assistance, at the point at which the victim decides to become a witness or an intelligence source.

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— It will be necessary to revise current entry criteria to law enforcement witness protection measures as the majority
of trafficked victims would not qualify for access as they are unable to provide essential and indispensable evidence
against major ‘actors’ in cases involving serious crime, many trafficked victims can only testify against mid-level
operatives. Alternative and improved forms of witness protection should also be identified and researched.

— The development of regional witness protection programmes in which a number of States could cooperate together
in the provision of safe accommodation and protection for trafficked victim-witnesses should be researched and
developed. This could provide for the voluntary relocation of a victim-witness to a neutral country before and after
the criminal proceedings.

— In view of the increased level of risk that will exist after the provision of evidence by a victim, there should be no
forced return unless the victim has expressed a desire to return or a thorough risk assessment has been conducted
that concludes that it is safe to do so.

15. Victim reintegration

— The range of victim reintegration measures should be made available to trafficked persons irrespective of whether
they are being returned to their home countries or being provided with longer term residency status in the country
of destination.

— Where necessary, identified victims should be provided with proper identity documents.

— In order to support the reintegration process and reduce the risk of retrafficking, reintegration programmes should
be aimed at empowering the victims by developing their capacity to attain economic independence through the
provision of entrepreneurial support or vocational training or job opportunities.

— Networking between IOs, IGOs, NGOs, and others involved in the provision of assistance to victims in countries of
origin, transit and destination should be intensified and further developed with a view to facilitate the reintegration
of victims. The reintegration of victims would also benefit from an increased level of attention from the consulates
and embassies in the countries of origin and destination.

16. Legislative recommendations

POLICE AND JUDICIAL COOPERATION

— Trafficking in human beings is inadmissible and must not be facilitated by any legislative shortcomings or flaws. The
law must ensure the protection of victims and witnesses, the prohibition of illicit work, the prohibition of the
exploitation of the prostitution of others and monitoring and regulation of residence on national territory so that
such trafficking can be combated effectively. From the viewpoint of both definition and the sentences to be handed
down, it is necessary to strengthen and facilitate the fight against trafficking in human beings at the European level
and beyond. Almost two years after the first signatures, the ratification and implementation, including the moni-
toring of implementation, of the United Nations Convention against transnational organized crime and its supple-
menting Protocol to prevent, suppress and punish trafficking in persons, especially women and children, must be an
immediate priority for the achievement of a converged legislative platform and a basis for intensified cooperation. It
must also be ensured that other relevant international instruments and conventions, such as the Optional Protocol
to the Convention on the rights of the child, on the sale of children, child prostitution and child pornography, and
the Convention on the elimination of all forms of discrimination against women, are ratified and properly imple-
mented.

— A regime of adequate penalties should be introduced into national legislation for specific trafficking crimes and
related offences, including offences in relation to living of the earnings of prostitution. When the offences involves
children, the offence should be considered as an aggravated offence constituting a basis for more severe penalties.

— In order to identify, sequestrate and confiscate the criminal assets and proceeds of traffickers, legislative provisions
should be further developed with a view to facilitate the confidential proactive and parallel investigation of the
financial affairs of suspected traffickers. These provisions should include a legal duty on financial institutions to
disclose suspect money laundering transactions to law enforcement agencies and should impose a strict legal duty
on financial institutions not to disclose the existence of police enquiries into a suspect's financial affairs.

— With the aim to speed up exchange of information in criminal investigations and mutual legal assistance, direct
contacts between competent law enforcement services and judicial authorities should form an integral part of the
development of legal instruments and agreements on law enforcement and judicial cooperation. The cooperation
and exchange of information on procedures and channels for law enforcement and judicial cooperation between
Central Authorities and other competent authorities should be intensified. Within the EU, the Convention on Mutual
Legal Assistance and its 2001 Protocol should be ratified and implemented, a process that should be supplemented
with the elaboration of practical arrangements to ensure the fullest possible use of the instruments.

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Official Journal of the European Union

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— Specific criminal offences of engaging in any form of witness intimidation or other forms of perverting or inter-
fering with the course of justice in respect of trafficking cases should be developed where they do not already exist.
National legislation should also provide the possibility for the victim-witness to give evidence in a place other than
that in which the person being prosecuted is situated through the use of audio-visual methods or other facilities
within a court. Specific attention should be given to the particularly vulnerable position of children in judicial
proceedings.

— National legislation must ensure the victims right to seek and secure compensation for the injuries and harm they

have suffered.

— The implementation of the provisions of the EU Framework Decision on combating trafficking in human beings and
the standing of victims in criminal proceedings, both of which are part of the acquis, should be thoroughly
evaluated. Identified gaps and lacunae in the implementation should be followed up by legislative initiatives with
clearer legal obligations for implementation.

17. Specialisation and exchange measures

— It is imperative for the development of a European response to trafficking, and indeed the threat from organised
crime, to pay increased attention to the potential of the practitioners. European and international structures and
instruments should be used to their full potential and full support should be ensured to the practical day-to-day
cooperation among investigating magistrates, prosecutors and law enforcement officers in their efforts to dismantle
the international criminal networks involved.

— Specialised, joint investigative teams of investigators and prosecutors should be set up within each State to improve
the professionalism of trafficking investigations and service to victims and to improve the rate of conviction of
traffickers (see also point 9 on training). These teams should develop expertise in the conduct and management of
both reactive, victim led and proactive, intelligence led investigations and prosecutions together with expertise in the
management of parallel financial investigations, assets seizure and money laundering.

— The existing police and magistrates liaison networks should be strengthened and include trafficking crime as an
integral part of their work. As an interim measure, where there are deficits in the liaison network, particularly in the
countries of origin, a programme of ‘liaison officer sharing’ could be agreed between participating States.

— A European Centre of Excellence of investigative and prosecutorial experts who would be made available to be sent
‘on-site’ advisers in complex

to any requesting country act seeking expert operational assistance as short-term,
trafficking cases should be developed.

— Bilateral and multilateral exchange of operational

trafficking investigators on a longer-term basis should be
encouraged as a response to ongoing trafficking problems between one or more States, or regionally, where the
modus operandii of the crime would justify such exchanges.

18. Investigative methods

— Proactive, intelligence led investigative techniques that are designed to identify, investigate and successfully prosecute
traffickers without reliance on the testimony of the victims should be developed and refined. These include, for
instance, targeted multi-agency intelligence gathering and analysis, coordinated and parallel proactive financial
investigation that seeks to identify and follow the money trail
in order to disclose compelling evidence of
criminal activity, and the use of a range of human and technical intrusive and non-intrusive surveillance techniques.

— With a view to reinforcing international cooperation, the model of joint investigative teams should be further
explored and developed. In addition, the feasibility of a European budget line at the disposal of the Member States'
competent authorities should be looked into with a view to overcome identified obstacles in operational
law
enforcement and judicial cooperation.

— Investigators and prosecutors must be made aware and trained in the potential and use of DNA evidence and the
opportunities that it provides in the investigation of trafficking cases and the sexual and physical abuse that
accompanies it.

— Law enforcement services should acquire appropriate technologies and continue the development of their investi-
gative and prosecutorial expertise and abilities, in order to pursue criminals who use computer technology within
the modus operandi to perpetrate trafficking in human beings and related offences. Research and further exam-
ination of effective law enforcement techniques should be promoted in this field.

19. Corruption

— Effective legislative and regulatory measures to combat corruption,

the establishment of standards of good
governance, the promotion of legitimate commercial and financial conduct, and the development of mechanisms
to curb corrupt practices, must be developed. Ratification and implementation of international conventions and
standards as developed by OECD and the Council of Europe should be promoted.

— States should cooperate towards the successful conclusion of the United Nations Convention against Corruption.