Communication from the Commission to the European Parliament and the Council -  Fighting trafficking in human beings : an integrated approach and proposals for an action plan
Date: 2005-10-18
Institutions: European Commission
Subjects: action programme, fight against crime, human rights, organised crime, trafficking in human beings

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.10.2005 
COM(2005) 514 final 

COMMUNICATION FROM THE COMMISSION TO 
THE EUROPEAN PARLIAMENT AND THE COUNCIL 

Fighting trafficking in human beings - an integrated approach and proposals for 
an action plan 

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FIGHTING TRAFFICKING IN HUMAN BEINGS - AN INTEGRATED APPROACH AND 
PROPOSALS FOR AN ACTION PLAN 

I. 

II. 

III. 

IV. 

V. 

VI. 

Introduction .................................................................................................................. 3 

THE FUNDAMENTAL CONCERN: THE PROTECTION OF HUMAN RIGHTS . 3 

THE ORGANISED CRIME DIMENSION................................................................. 4 

THE ILLEGAL MIGRATION DIMENSION............................................................. 6 

SPECIFIC GROUPS, ESPECIALLY WOMEN AND CHILDREN .......................... 7 

RELIABLE DATA ...................................................................................................... 9 

VII. 

COORDINATION AND COOPERATION .............................................................. 10 

ANNEX .................................................................................................................................... 12 

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I. 

INTRODUCTION 

This Communication aims at further1 strengthening the commitment of the European Union,2 
and the Member States to prevent and fight against trafficking in human beings, committed 
for the purpose of sexual or labour exploitation as defined in the Framework Decision of 19 
July  2002  on  combating  trafficking  in  human  beings,3  and  to  the  protection,  support  and 
rehabilitation of its victims.  

It  is  based  on  the  recognition  that  in  order  to  effectively  address  human  trafficking  an 
integrated approach is needed, having as its fundament the respect of human rights and taking 
into account its global nature. This approach calls for a coordinated policy response notably in 
the  area  of  freedom,  security  and  justice,  external  relations,  development  cooperation, 
employment,4  gender  equality  and  non  discrimination.  It  also  aims  to  reinforce  the  broad 
public-private dialogue in this area. 

Such  response  is  required  in  the  Hague  Programme,5  endorsed  by  the  European  Council  in 
November 2004, in which the Council and the Commission are invited to develop a plan in 
2005  for  common  standards,  best  practices  and  mechanisms  to  prevent  and  combat  human 
trafficking and to enhance the fight against illegal immigration.6  

The  Communication  that  was  announced  in  the  Commission  and  Council  Action  Plan 
implementing the Hague Programme7, intends to contribute to the establishment of this plan. 
It  takes  due  account  of  the  comprehensive  action  plan  to  combat  illegal  immigration  and 
trafficking in human beings of 2002 and of the reflection and recommendations presented in 
the Report of December 20048 of the Expert Group on Trafficking in Human Beings9 that was 
set up by the Commission end 2003. 

II. 

THE  FUNDAMENTAL  CONCERN:  THE  PROTECTION  OF  HUMAN 

RIGHTS  

The persons concerned, their needs and rights shall be at the centre of the EU policy against 
human trafficking. This means first and foremost a clear commitment of EU institutions and 
Member States to follow a human rights centred approach and to promote it in their external 
relations and development policies. 

Article 5(3) of the Charter of Fundamental Rights of the EU10 prohibits human trafficking in 
the context of inviolable human dignity which is at the very core of national constitutions and 
international human rights instruments binding the Member States. 

According  to  international  laws  and  commitments,  the  State  which  condones  human 
trafficking  or  does  not  take  any  effective  measure  to  curb  it  commits  a  human  rights 
violation11. 

EU institutions and Member States shall actively pursue policies reinforcing the 

prohibition of human trafficking including the protection of real and potential 

victims at EU as well as at regional and international level. 

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Third  country  nationals  who  are  victims  of  human  trafficking  but  without  a  legal  residence 
status  in  the  EU  should  not  be  excluded  from  such  protection12,  in  particular  if  they  have 
cooperated with Member States’ competent authorities by testifying against their traffickers. 
Moreover,  such  persons  should  not  be  de  facto  excluded  from  the  possibility  of  exercising 
their rights, for example to initiate an action against the perpetrator or for compensation or to 
seek asylum. 

Regular monitoring and follow up at experts and political level ensuring compliance with the 

above principles throughout the EU is essential. 

The Council, in close cooperation with the Commission  and  on  the basis  of an 
in-depth dialogue with civil society, 13 should hold at least once a year a political 
debate on the EU anti-trafficking policy and assess its compliance with human 
rights  standards  and  the  need  for  further  action,  e.g.  improving  schemes  for 
assistance, protection and social inclusion.14  

It is legitimate to raise the issue in the political dialogue with third countries, drawing on the 
human  rights  essential  elements  clause  which  is  included  in  EC  trade  and  co-operation 
agreements, and in multilateral fora.15  

The Community should strengthen the political dialogue with partner countries 
at  bilateral  and  multilateral  level  on  the  human  rights  dimension  of  human 
trafficking and of anti-trafficking policies, as well as continue raising the issue 
in relevant regional and multilateral fora.  

The European Initiative for Democracy and Human Rights gave special attention to the issue 
in  2005/2006  and  envisaged  specific  support  under  the  campaign  “Fostering  a  culture  of 
human rights”.  

EU institutions and Member States should intensify efforts to address the issue 
of human trafficking within the EU and in relations with third countries, e.g. by 
building  on  efforts  to  support  anti-trafficking  initiatives  through  development 
co-operation. 

III. 

THE ORGANISED CRIME DIMENSION 

Human trafficking is a serious crime against persons,16 which must be addressed as a form of 
organised crime linked to other serious offences and as a clear law enforcement priority. High 
profits from labour and sexual exploitation17 are often subject to money laundering and may 
enable  traffickers  to  engage  in  other  criminal  activities  and  to  achieve  economic,  social  or 
even political power18.  

Human trafficking has to be converted from a “low risk – high reward enterprise for organised 
crime”19 into a high risk - low reward one. Law enforcement must use all the resources and 
capacity  available20  to  enforce  the  prohibition  of  human  trafficking,  to  deprive  it  of  any 
economic  advantage  and,  where  financial  gain  has  been  made,  to  seize  and  confiscate  any 
assets.21 The investigation of human trafficking should be afforded the same priority as other 
areas  of  organised  crime  in  that  specialist  investigative  techniques  and  disruption  strategies 
should be employed.  

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Member  States  should  provide  for  necessary  organisational  structures,22 
specialised23  personnel  and  adequate  financial  resources  to  their 
law 
enforcement  authorities  to  effectively  combat  human  trafficking.24  Insofar  the 
Council,  on  the  basis  of  evaluations  of  the  Commission  and  within  the 
competences  of  the  Union,  should  ensure  regular  monitoring  and  develop 
standards and benchmarks. 

Human  trafficking  for  labour  exploitation  requires  new  types  of  specialisation 
and  cooperation  with  partners,  e.g.  agencies  responsible  for  the  control  of 
working conditions and financial investigations related to irregular labour.25  

Anti corruption strategies should make an integral part of any anti trafficking 
policy.26 

EU  institutions  and  Member  States  should  promote  combating  human 
trafficking  as  a  priority  in  their  law  enforcement  relations  with  third 
countries.27  

The  testimony  of  the  victim  is  highly  important  as  evidence  against  a  trafficker.  Given  the 
increased  risk  for  a  testifying  victim,28  the  challenge  is  to  find  ways  to  have  victims  give 
testimony while ensuring their safety and without exposing them or their relatives to risks.29 

Member States should provide protection and assistance to testifying victims as 
an  integral  part  of  effective  prosecution  and  further  develop  pro-active, 
intelligence  led  investigations,  which  do  not  depend  on  the  testimony  of  the 
victims.30 

European  bodies  have  been  equipped  with  specific  competencies  and  specialised  personnel. 
Eurojust  has  a  competence  for  human  trafficking31.  The  role  of  Europol  is  particularly 
important.32  It  can  provide  access  to  intelligence  databases  and  offers  operational  support 
through  the  exchange  of  intelligence  and  expert  advice.33  It  shall  facilitate  the  exchange  of 
information and provide operational analysis for Member States and generate strategic reports 
on  the  basis  of  the  information  and  intelligence  supplied  by  Member  States,  generated  by 
Europol or gathered from other sources. However, the information flow from Member States 
to  Europol  is  small  compared  to  the  number  of  investigations.  It  would  appear  that 
investigations are based more on spontaneous bi- or multilateral co-operation and the regular 
structures  and  mechanisms  are  seen  as  options.  There  is  only  one  Analytical  Work  File 
managed by Europol on behalf of the Member States that is specifically focussed upon human 
trafficking.34  

Member States should ensure that national law enforcement agencies regularly 
involve  Europol  in  the  exchange  of  information,  in  joint  operations  and  joint 
investigative teams and use the potential of Eurojust to facilitate the prosecution 
of traffickers. 

The  European  Police  Chiefs  should  regularly  monitor  operational  cooperation 
between Member States and, where appropriate, make recommendations for its 
improvement. 

CEPOL  should  continue  to  regularly  organise  specific  training  for  law 
enforcement personnel. 

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EU  institutions  and  bodies  as  well  as  Member  States  should  support  and 
strengthen  regional  forms  of  police  cooperation,  notably  through  programmes 
such as AGIS. 

On  4  August  2005,  only  15  Member  States  were  party  to  the  UN  Trafficking  Protocol  and 
only  13  Member  States  party  to  the  UN  Protocol  on  Migrant  Smuggling.  The  Commission 
proposed the conclusion of these Protocols by the European Community35 in August 200336 
but  the  Council  has  not  adopted  the  relevant  decision  due  to  disagreement  on  the  extent  of 
Community competence with regard to the provisions of these Protocols. 

The  Council  should  as  soon  as  possible37  adopt  the  proposal  for  a  Decision  on 
the  conclusion,  on  behalf  of  the  EC,  of  the  UN  Trafficking  Protocol  submitted 
by the Commission on 22 August 200338. 

EC  instruments  combating  money  laundering,  in  particular  to  strengthen  the  criminal  law 
response such as the new Directive recently proposed by the Commission will form a basis to 
tackle the financial implications of trafficking in human beings39. Full use must be made of 
the  new  Council  Framework  Decision  on  Confiscation  of  Crime-Related  Proceeds, 
Instrumentalities and Property.40 The work of the Financial Action Task Force, in particular of 
the  Working  Group  on  Typologies  (WGTYP),  which  focuses,  inter  alia,  on  Money 
Laundering  Methods  Associated  with  Human  Being  Trafficking,  must  be  followed  and 
evaluated  in  order  to  develop  further  political  and  operational  options  to  combat  human 
trafficking.  

IV. 

THE ILLEGAL MIGRATION DIMENSION  

The  crime  of  human  trafficking  often  has  a  transnational  dimension  as  numerous  trafficked 
persons  move  or  are brought across  external borders. For this reason, the prevention of and 
the fight against human trafficking is an essential element of the EU’s efforts to improve the 
checks  and  surveillance  at  the  external  borders  and  to  enhance  the  fight  against  illegal 
immigration. 

Migrant  smuggling  and  human  trafficking  are  linked  by  the  fact  that  they  are  frequently 
organised  by  internationally  operating  criminal  networks  and  part  of  organised  crime 
phenomena linked with the demand for cheap and illegal services. As far as the facilitation of 
unauthorised  entry,  transit  and  residence  by  such  networks  is  concerned,  Directive 
2002/90/EC of 28 November 200241 and the Framework Decision of the same day42 already 
play an important role to prevent these criminal activities. 

In 2002, the Council adopted a comprehensive action plan to combat illegal immigration and 
trafficking of human beings in the EU43, which contains a wide list of measures and actions 
ranging from visa policy, information exchange, border related measures to return issues and 
criminal sanctions against the traffickers. A number of measures proposed in the 2002 Action 
Plan were implemented,44 in particular: (1) Directive 2004/81/EC of 29 April 200445, which 
defines  the  conditions  for  granting  a  residence  permit  to  third-country  nationals  who  are 
victims  of  human  trafficking  or  who  have  been  subject  of  an  action  to  facilitate  illegal 
immigration and who cooperate with the authorities, and (2) Regulation (EC) N° 491/2004 of 
10 March 2004,46 establishing the AENEAS programme for financial and technical assistance 
to  third-countries  in  the  area  of  migration  and  asylum,  which  explicitly  allows  for  the  co-
financing of projects related to the prevention and the fight against human trafficking.  

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The  same  comprehensive  approach  is  also  to  be  found  in  the  UN  Protocol  on  Migrant 
Smuggling as well as in the UN Trafficking Protocol47, which reflect the global recognition of 
the problem and should be swiftly ratified by all EU actors.  

If  action  against  human  trafficking  is  to  be  reinforced,  the  following  border  control  and 
migration management related measures should be taken: 

Member  States  should  –  in  order  to  improve  the  status  of  trafficked  persons  - 
speed-up the transposition of Directive 2004/81/EC48. 

The Commission will consider the possibility of regularly organising meetings of 
experts  from  Member  States  to  exchange  information  on  means  and  methods 
used  for  the  purpose  of  migrant  smuggling  in  order  to  draw  practice  oriented 
conclusions  for  preventing  and  combating  human  trafficking,  e.g.  regarding 
recruitment  and  transportation  of  victims.  The  European  External  Borders 
Agency  (FRONTEX)  and  CEPOL  should  pay  specific  attention  to  these 
phenomena in their respective training programmes. 

The  Member  States  should  ensure  that,  on  the  basis  of  the  future  Regulation 
establishing  a  Community  Code  on  the  rules  governing  the  movement  of 
persons across borders 49 particular attention will be paid to more efficient and 
targeted checks at the EU’s external border crossing points on potential victims 
of human trafficking. The FRONTEX Agency will assist Member States on this 
task.  FRONTEX  should  take  into  account  the  need  to  combat  the  traffic  of 
human beings in the coordination and organisation of joint operations and pilot 
projects  at  the  external  borders  and  in  the  fulfilment  of  its  risk  analysis 
function.  EUROPOL  and  FRONTEX  should  cooperate  in  this  domain  in  the 
framework of their respective competences. 

The  Council  should  as  soon  as  possible  implement  biometric  identifiers  in  EU 
visa  and  residence  permits  since  more  secure  documents  are  helpful  for  the 
identification of trafficked persons. 

Council, European Parliament50 and Commission should as soon as possible, in 
accordance with their respective responsibilities, complete the development of a 
common Visa Information System. 

Consular staff in countries of origin should cooperate and exchange experience 
and  be  trained  in  recognising  visa  applications  which  could  involve  human 
trafficking51. 

V. 

SPECIFIC GROUPS, ESPECIALLY WOMEN AND CHILDREN 

The  promotion  of  non-discrimination  including  gender  equality,  the  rights  of  children, 
indigenous people and minority groups52 is particularly relevant as many victims or potential 
victims  of  human  trafficking  are  women,  children  and  individuals  belonging  to  ethnic  and 
minority  groups  who  may  be  subject  to  discrimination  in  their  place  of  origin.  Human 
trafficking is not necessarily a gender specific crime as men and, in particular, boys are also 
victims of sexual and labour exploitation. However, trafficking in women and girls especially 
for commercial sexual exploitation is a wide reality.  

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EU institutions and Member States should promote gender specific prevention 
strategies  as  a  key  element  to  combat  trafficking  in  women  and  girls.  This 
includes  implementing  gender  equality  principles  and  eliminating  the  demand 
for all forms of exploitation, including sexual exploitation and domestic labour 
exploitation.53  

Within  the  EU,  programmes  such  as  Daphne  should  continue  to  be  used  for 
financial  support  of  projects  addressing  human  trafficking  as  violence  against 
children,  women  and  other  groups  at  risk,  whereas  increased  attention  should 
be included in development cooperation.  

Further  attention  and  research  on  trafficking  in  children  within  Europe  are 
needed.  Municipalities  confronted  with  the  problem  of  forced  child  labour 
(including  ‘sweat  shops’,  begging,  pick-pocketing  and  prostitution)  should  be 
actively  supported.  Solutions  to  address  the  problem  should  be  developed  in 
close consultation with the countries of origin of the children. 

Offences  related  to  child  trafficking,  in  particular  coercing  children  into  prostitution  or 
engaging  in  sexual  activities  with  child  prostitutes,  have  already  been  addressed  in  the 
Council  Framework  Decisions  on  combating  trafficking  in  human  beings  and  the  sexual 
exploitation  of  children  and  child  pornography.54  But  the  degree  of  harmonisation  is  quite 
limited.  

The  Commission  will,  in  2006,  when  evaluating  the  implementation  of  the 
Council  Framework  Decisions  on  combating  trafficking  in  human  beings  and 
the  sexual  exploitation  of  children  and  child  pornography,  focus  in  its 
evaluation  reports  on  the  need  for  further  strengthening  of  legal  framework 
specifically  addressing  child  trafficking  and  related  offences,  in  particular 
coercing  children  into  prostitution  or  engaging  in  sexual  activities  with  child 
prostitutes, and where necessary submit appropriate proposals. 

Child trafficking55 must be tackled in the light of the EU Charter of Fundamental Rights that 
stresses the child's best interests as a primary consideration in all actions relating to children.56 
The  Convention  on  the  Rights  of  the  Child  of  1989  (CRC)57  as  the  most  important 
international  child  rights  instrument  includes  provisions  on  child  trafficking.58  The 
Convention applies to every child under the age of 18 years, an approach which is shared by 
the Commission. The UN Trafficking Protocol must be read in the light of the CRC, taking 
into account also other relevant international instruments, such as the Optional Protocol on the 
sale  of  children,  child  prostitution  and  child  pornography  of  25  May  2000  and  the  ILO 
Convention  concerning  the  Prohibition  and  Immediate  Action  for  the  Elimination  of  the 
Worst  Forms  of  Child  Labour59  as  well  as  the  Hague  Convention  on  the  Protection  of 
Children and Co-operation in Respect of Inter Country adoption. The actions decided in this 
field by the 46 Member States of the Council of Europe at their Warsaw summit should also 
be accounted for, in particular the 3-year Action Programme on Children and Violence. 

EU  institutions  and  Member  States  should  ensure  that  the  EU  anti  trafficking 
policy  reflects a child rights approach based on globally recognised principles, 
in particular in the UN Convention on the Rights of the Child. Such approach 
must consequently apply to any person below the age of 18. Coordination with 
the  Council  of  Europe  Action  Programme  on  Children  and  Violence  (2006-
2008) should also be ensured.60 

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Particular attention has to be paid to unaccompanied minors or children travelling without an 
immediate family member61 in the context of border management as it has been done in the 
recently  adopted  Regulation  establishing  a  Community  Code  on  the  rules  governing  the 
movement  of  persons  across  borders.62Very  soon63  the  Commission  will  address  the 
protection of children in a specific communication. 

Development  co-operation  must  provide  an  effective  contribution  to  address  the  plight  of 
trafficked children in Developing Countries. 

The  Commission  should  ensure  that  Country  and  Regional  Strategy  Papers, 
wherever  relevant  and  possible,  strengthen  strategies  to  address  factors 
facilitating  child  trafficking  such  as  the  failure  to  secure  birth  registration  or 
the lack of access to basic education.64 

VI. 

RELIABLE DATA 

The  EU  anti  trafficking  policy  must  be  based  on  a  clear  picture  of  the  actual  extent  of  the 
problem at EU and global level.65 But precise figures are not available,66 and law enforcement 
data,  although  important,  are  not  sufficient.67  In  2003,  the  Council  invited  the  Commission 
and  the  Member  States  to  promote  measures  to  set  up  a  monitoring  system  on  human 
trafficking  in  order  to  provide  updated  data  through  the  continuous  and  regular  collection 
from  the  competent  national  authorities.68  Taking  into  account  the  2003  Statistics  Action 
Plan69 and Eurostat data in the area of migration70 which cover aspects of the phenomenon, 
the  first  step  for  a  coherent  statistical  system  is  to  systematically  collect  and  analyse  data  - 
disaggregated  by  age,  sex  and  other  relevant  aspects71  -  from  different  sources  based  on 
common guidelines at a central place at the national level. When data are adequately gathered 
at the national level, it becomes essential to collect and compare them at the European level72 
as  well  as  to  cooperate  at  the  EU  and  global  level  with  third  countries,  international 
organisations  and  NGOs.  Member  States  should  dispose  of  independent  institutions,  e.g. 
National Rapporteurs or Bureaus, with systematically collecting data, including from NGOs, 
and monitoring the effects of national action plans.  

The  Commission  will,  taking  into  account  existing  bodies  at  EU  level  and  the 
possible  future  role  of  Eurostat  examine  possibilities  for  the  collection  and 
comparison  of  relevant  national  data  in  order  to  ensure  proper  monitoring  at 
EU level. 

The future European Union Agency for Fundamental Rights73 should – in line 
with its mandate and in close cooperation with the future European Migration 
Network (EMN)74 as well as with the Experts Group on Trafficking in Human 
Beings  –  collect  and  analyse  data  on  human  trafficking.  It  should  develop 
methods to improve the comparability and reliability of data at European level, 
in co-operation with the Commission and the Member States. 

The Community and the Member States should promote such approach in the 
relations  with  third  (in  particular  Developing)  countries  and  key  international 
organisations. 

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VII. 

COORDINATION AND COOPERATION 

Appropriate coordination and cooperation structures are necessary75 but can differ from one 
country  to  another  as  long  as  they  ensure  that  major  aims  of  an  anti-trafficking  policy  are 
effectively  achieved,  in  particular  proper  identification  and  referral  of  trafficked  persons  to 
protection  and  support  mechanisms.  They  should  bring  together  and  balance  different 
interests of the institutions or organisations involved. 

Public-private cooperation 

Throughout the EU and worldwide civil society organisations play a crucial role in assisting 
trafficked  persons.76  The  relation  between  such  organisations,  furthermore  employer 
organisations,  and  law  enforcement  agencies  shall  be  based  on  mutual  understanding  and 
trust.  

Member  States  should  consolidate  the  cooperation  of  public  authorities  with 
civil  society  organisations  related  to  the  prevention  of  and  the  fight  against 
human  trafficking,  e.g.  by  setting  up  rules  agreed  upon  by  both  sides  that 
promote  mutual  understanding  and  trust.  Where  appropriate  employer 
organisations and representatives of specific industries should also be involved. 

The  Commission  shall  continue  and  enhance  the  dialogue  with  civil  society 
organisations in this area, notably by way of the Expert’ Group in Trafficking 
in Human Beings and the Forum on Organised Crime.  

The Council, further to a contribution from the Commission, should adopt EU 
guidelines  and/or  a  European  Model  Protocol  of  cooperation77  in  order  to 
facilitate such cooperation throughout the EU and in third countries. 

National cooperation 

The Experts’ Group gives special emphasis to establishing National Referral Mechanisms as 
an instrument of national cooperation,  78 as already recommended in the OSCE Action Plan 
to Combat Trafficking in Human Beings79 

Member  States  should  consider  establishing  National  Referral  Mechanisms 
ensuring  identification  and  referral  of  trafficked  persons  as  well  as  A 
governmental  coordination  structure  could  draw  up,  coordinate  and  evaluate 
national  policies  and  contribute 
individual 
complaints. 80 

to  mechanisms  addressing 

Cooperation at EU level 

National cooperation and coordination mechanisms should form the basis for a corresponding 
mechanism at EU level providing for expert advice and a broad public-private dialogue.81  

The  Commission  will  examine  appropriate  coordination  and  cooperation 
mechanism  at  EU  level  ensuring  the  development  of  minimum  standards  and 
benchmarks,  evaluation  rounds  of  the  Member  States’  anti  trafficking 
policyand  the  indication  of  areas  for  priority  action,  especially  on  victim 
support and protection. 

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Cooperation with countries of origin, transit and destination82 

The  Commission  will  continue  to  address  under  the  AENEAS  programme  and,  where 
appropriate and possible, other thematic or geographical Community funds to actions in third 
countries  aimed  at  combating  and  preventing  human  trafficking,  protecting  and  assisting 
victims and promoting cooperation between these countries and the EU. 

Where relevant, the Commission should ensure that human trafficking and the 
policy framework and strategies for its prevention and mitigation are assessed 
in  the  Poverty  Reduction  Strategy  Papers,  Country  and  Regional  Strategy 
Papers and Indicative Progammes and their reviews. 

The  Community  should  –  notably  through  the  EU  development  policy,  which 
focuses on the primary objective of poverty reduction, and the achievement of 
the  Millennium  Development  Goals  -  continue  funding  measures  addressing 
factors that make persons vulnerable to trafficking, e.g. poverty, lack of access 
basic and higher education, gender inequality, denial to the right of nationality, 
discrimination and the lack of access to services and of equal opportunity.  

Cooperation at regional and global level 

Cooperation  has  to  be  further  strengthened  at  the  global  level83,  in  particular,  through 
advocating and assisting third-countries in the swift ratification and implementation of the UN 
Trafficking Protocol, and by supporting the work of the UN Special Rapporteur on trafficking 
in persons, especially in women and children  

The Commission will continue to cooperate with the Council of Europe84 and with the OSCE, 
especially  within  the  Alliance  against  Trafficking  in  Persons,  initiated  by  OSCE  Special 
Representative on Combating Trafficking in Human Beings. 

EU institutions and Member States should  

– 

– 

– 

continue  to  cooperate  with  relevant  international  organisations  e.g.  UN, 
OSCE and Council of Europe; the Union shall in particular make full use 
of  Council  of  Europe  expertise  where  action  is  required  within  its 
competence.85 

aim  at  appropriate  coordination  and  cooperation  mechanisms  based  on
 relevant international instruments; 

continue to promote regional initiatives that could complement and inspire 
EU  wide  cooperation,  e.g.  the  Nordic  Baltic  Task  Force  against 
Trafficking  in  Human  Beings86,  the  Southeast  European  Co-operative 
Initiative87,  the  pan-European  Budapest  Process88,  the  “5+5  dialogue” 
between  the  Western  Mediterranean  countries89  and  the  Mediterranean 
Transit Migration Dialogue.90 

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ANNEX 

Endnotes 

1 Regarding previous measures at EU level reference has to be made to three communications in 1996, 1998 and 
2000 - COM(1996) 567 final of 20.11.1996; COM(1998) 726 final of 9.12.1998; COM(2000) 85 final, Brussels, 
21.12.2000 - as well as to a number of legislative proposals from the Commission, which formed the basis of 
important EU/EC legislation: 
Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings 
(OJ L 203, 1.8.2002, p. 1); 
Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of 
children and child pornography (OJ L 13, 20.1.2004, p. 44);  
Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third country nationals who are 
victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, 
who cooperate with the competent authorities (OJ L 261, 6.8.2004, p. 19). 
Other legal acts that strengthened the standing of victims in criminal proceedings and compensation procedures 
are particularly relevant for the fight against trafficking in human beings: 
Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal 
proceedings (OJ L 82, 22.3.2001, p. 1);  
Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims 
(OJ L 261, 6.8.2004, p. 15). 
The Council Resolution of 20 October 2003 on initiatives to combat trafficking in human beings, in particular 
women stressed the need to, inter alia, eradicate gender inequalities (OJ C 260, 29.10.2003, p. 4).  
Furthermore, the EU counter-trafficking policy has become an essential part not only in the area of freedom, 
security and justice but also regarding employment and social affairs, EU enlargement, external relations 
(Stabilisation and Association Process, Partnership and Cooperation Agreements with NIS, Action Plans against 
Organised Crime with Russia (2000) and on Justice and Home Affairs with Ukraine (2002), the European 
Neighbourhood Policy, the Euro-Mediterranean Partnership) and development (such as the Cotonou Agreement 
(2000) and the EU-Africa Dialogue).  
Since 1996 considerable funding has been allocated to projects promoting the prevention of and the fight against 
trafficking in human beings in EU Member States and third countries, but to a lesser extent in Developing 
Countries: 
STOP (1996-2000) and STOP II (2001-2002), a programme of incentives, exchanges, training and cooperation 
for persons responsible for combating trade in human beings and the sexual exploitation of children 
(OJ L 322, 12.12.1996, p. 7; OJ L 186, 7.7.2001, p. 7): 
AGIS (2003-2007), a framework programme on police and judicial cooperation in criminal matters 
(OJ L 203, 1.8.2002, p. 5): 
Daphne (2000-2003) and Daphne II (2004-2008) programme of Community action (2004 to 2008) to prevent 
and combat violence against children, young people and women and to protect victims and groups at risk 
(OJ L 34, 9.2.2000, p. 1; OJ L 143, 30.4.2004, p. 1): 
EQUAL: Guidelines for the second round. Communication from the Commission establishing the guidelines for 
the second round of the Community Initiative EQUAL concerning transnational co-operation to promote new 
means of combating all forms of discrimination and inequalities in connection with the labour market - Free 
movement of good ideas (COM(2003) 840), in particular Chapter 7.2. 
For instance: Under the Tacis programme (NIS) about € 10M have been allocated over the period 2002-2004 
(Belarus, Moldova, Ukraine, Russia, for specific anti-trafficking of human beings projects focussing on 
prevention, prosecution and protection. Under the 8th ACP programme, Benin has benefited from a € 2M project 
against trafficking in children. € 5M have been allocated for South Africa. 
2 Hereinafter referred to as EU. 
3 Article 1(1) of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings 
(OJ L 203, 1.8.2002. p. 1):  
“1….the recruitment, transportation, transfer, harbouring, subsequent reception of a person, including exchange 
or transfer of control over that person, where:  
(a) use is made of coercion, force or threat, including abduction, or  
(b) use is made of deceit or fraud, or  
(c) there is an abuse of authority or of a position of vulnerability, which is such that the person has no real and 
acceptable alternative but to submit to the abuse involved, or 

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(d) payments or benefits are given or received to achieve the consent of a person having control over another 
person for the purpose of exploitation of that person’s labour or services, including at least forced or compulsory 
labour or services, slavery or practices similar to slavery or servitude, or for the purpose of the exploitation of the 
prostitution of others or other forms of sexual exploitation, including in pornography. 
2. The consent of a victim of trafficking in human beings to the exploitation, intended or actual, shall be 
irrelevant where any of the means set forth in paragraph 1 have been used. 
3. When the conduct referred to in paragraph 1 involves a child, it shall be a punishable trafficking offence even 
if none of the means set forth in paragraph 1 have been used.” 
This definition reflects the elements of the definition of the UN Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against 
Transnational Organised Crime (UN Trafficking Protocol) but excludes trafficking in human beings for the 
removal of organs. This aspect will be looked at by the Commission in more detail in the light of a Europol 
report on trafficking in human organs. 
4 More and more attention is paid to trafficking in human beings for the purpose of labour exploitation. See 
Report (Note 6, below), e.g. Recommendations 29, 73 and Chapter 2, especially page 52; furthermore ILO: 
A Global Alliance against Forced Labour - Global Report under the Follow-up to the ILO Declaration on 
Fundamental Principles and Rights at Work, Geneva 2005. 
5 The Hague Programme on strengthening the area of freedom, security and justice; (OJ C 053, 3.3.2005, p. 1). 
6  The Hague Programme on strengthening the area of freedom, security and justice - paragraph 1.7.1 in fine; 
(OJ C 53, 3.3.2005, p. 7). 
7 Council and Commission Action Plan implementing the Hague Programme on strengthening 
freedom, security and justice in the European Union – 5th hyphen letter c) (OJ C 198, 12.8.2005, p.14). 
8 Report of Experts Group on Trafficking in Human Beings (Brussels, 22 December 2004); hereinafter referred 
to as Report; published on the website of the Commission, DG JLS: 
http://europa.eu.int/comm/justice_home/fsj/crime/trafficking/fsj_crime_human_trafficking_en.htm 
9 Established by the Commission in 2003 (OJ L 79, 26.3.2003, p. 25; OJ C 205, 30.8.2003, p. 3.) further to the 
Brussels Declaration of 2002 on Preventing and Combating Trafficking In Human Beings 
(OJ C 137, 12.6.2003, p. 1.); hereinafter referred to as Experts Group. 
10 OJ C 364, 18.12.2000, p. 9. According to Explanations relating to the Charter, Article 5 (3) stems directly 
from human dignity and takes into account of recent developments in organised crime, such as the organisation 
of lucrative illegal immigration or sexual exploitation networks. On the other hand, one has to take into account 
the non-binding legal status of the Charter and that according to a classical doctrine only States could violate 
individual human rights. The Charter’s provisions are addressed to the Member States only insofar as they are 
implementing Union law. The Charter does not extend the field of application of Union law beyond the powers 
of the Union or establish any new power or task for the Union.  
11 At least seven International Conventions related to the prevention of human trafficking have been signed and 
mostly ratified by EU Member States (Convention on the Rights of the Child with the Optional Protocol, The 
Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption, 
Palermo Convention against Transnational Organised Crime and Trafficking Protocol, ILO Convention No 182 
and the Convention on Eradication on all forms of Discrimination Against Women). and advocate for further 
provisions not ratified as yet e.g. addressing trafficking in human organs and tissues. A  reference has to be made 
as well to “The European Convention on Human Rights and Biomedicine, 1997” and the Additional protocol 
concerning Transplantation of Organs and Tissues of Human Origin (2002), whose  Article 22 concerns 
trafficking in organs and tissues. 
Furthermore the Rome Statute of the International Criminal Court extends the jurisdiction of the Court on the 
enslavement as a crime against humanity. Enslavement is defined as “the exercise of any or all of the powers 
attaching to the right of  ownership over a person and includes the exercise of such power in the course of 
trafficking in persons, in particular women and children” (Article 7.2). 
Recital 3 of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings points 
out that it comprises serious violations of fundamental human rights; OJ L 203, 1.8.2002, p. 1. 
12 See also Report, recommendations 17, 114. 
13 See Report, recommendation 10 concerning the development of a “human rights impact assessment model” in 
cooperation working with trafficked persons and human rights institutions. 
14 See Report, recommendations 89 – 115. 
15 Such as the UN Commission on Human Rights (CHR) and UN General Assembly Third Committee. At the 
annual sessions of the Third Committee and CHR in 2004, the EU co-sponsored resolutions on Trafficking in 
women and girls and the resolution on the rights of the child which incorporates aspects relating to trafficking. 
The CHR also appointed a new Special Rapporteur on Trafficking. 

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16 See endnote 1, which refers to the definition in Article 1 of the Council Framework Decision on combating 
trafficking in human beings. 
17 See also: Trafficking in human beings for sexual exploitation : A Europol perspective 
http://www.europol.eu.int/publications/SeriousCrimeOverviews/2004/THB.pdf 
Furthermore, for labour exploitation: ILO, A Global Alliance against Forced Labour - Global Report under the 
Follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, Geneva 2005, e.g. page 46, 
no. 221. 
18  Further  to  the  Framework  Decision  on  combating  trafficking  in  human  beings  and  the  one  on  sexual 
exploitation of children and child pornography (OJ L 203, 1.8.2002, p. 1; OJ L 13, 20.1.2004, p. 44) Member 
States  are  adapting  their  legislation,  including  punishment  by  terms  of  imprisonment  if  the  offence  has  been 
committed in aggravated circumstances: Article 3 of the Council Framework Decision on combating trafficking 
in human beings; Article 5 of the Council Framework Decision on combating the sexual exploitation of children 
and child pornography. Different approaches prevail regarding the legalisation or criminalization of the purchase 
of  sexual  services  in  general  or  the  criminalisation  of  the  purchase  of  sexual  services  of  forced  prostitutes 
(see  f.i.  Sweden:  Law  That  Prohibits  the  Purchase  of  Sexual  Services,  see  also  Gunilla  Ekberg,  The  Swedish 
Law That Prohibits the Purchase of Sexual Services, in Violence Against Women, Vol. 10 No. 10 October 2004, 
p. 1187-1218.). 
19 Trafficking in Human Beings: A Europol Perspective – January 2004, p. 1. Published: 
http://www.europol.eu.int/publications/SeriousCrimeOverviews/2004/OverviewTHB2004.pdf 
20 The Experts Group (Report, recommendation 118) advises to continuously devote a certain percentage of 
these resources to the fight against trafficking in human beings. 
21 Report, p. 118. 
22 The Experts Group refers to the Italian Direzione Investigativa Antimafia and the French Office central pour la 
repression de la traite des êtres humains (OCRTEH) as best practices. Report, p. 122. 
23 For possible guidance see Report, p. 122. 
24 Report, recommendations 117, 118. 
25 Report, recommendation 116. 
26 Report, p. 125 and recommendation 122. 
27 Notably in line with the so-called “Libreville Declaration,” http://www.acpsec.org/fiji/gabon/final_gb.htm. 
28 Stressed on several occasions, e.g. in No. 14, fourth, sixth and last indent, of the Brussels Declaration 
(OJ C 137, 12.6.2003, p. 7, 8); Report, p.119. 
29 Report, p. 111-114, 119. 
30 However, relevant measures should not be misinterpreted and used to legitimise or suggest a disregard for the 
need to protect and assist a victim of trafficking. Report, p. 123 and recommendation 119. 
31 Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious 
crime, Article 4(1); OJ L 63, 6.3.2002, p. 1. 
32 The general competence of Europol covers trafficking in human beings (Art. 2(2) of the Europol Convention). 
33 At international level Interpol offers similar services, see http://www.interpol.int/Public/THB/default.asp 
34 Within another Analytical Work File there is a possibility fir Europol to collect and store data depending upon 
the nationality of the trafficker. 
35 Hereinafter referred to as EC. 
36 COM(2003) 512 final of 22.8.2003. 
37 On the basis of Articles 62 (2) and 63 (3), in conjunction with 300 (2) and (3) TEC. 
38 COM(2003) 512 final of 22.8.2003. 
39 Proposal for a Directive of the European Parliament and of the Council on the prevention of the use of 
the financial system for the purpose of money laundering, including terrorist financing (COM(2004) 448 final, 
Brussels, of 30.6.2004). 
40 OJ L 68, 15.3.2005, p. 49. Article 3, which provides for extended powers of confiscation under certain 
conditions, refers to the Framework Decision on combating trafficking in human beings. 
41 OJ L 328, 5.12.2002, p. 17. 
42 OJ L 328, 5.12.2002, p. 1. 
43 OJ C 142, 14.6.2002, p. 23. 
44 The most recent overview on the state of implementation is to be found in the Commission’s 2004 annual 
report on the development of a common policy on illegal immigration, smuggling and trafficking of human 
beings, external borders, and the return of illegal residents, SEC(2004) 1349 final of 25.10.2005. 
45 OJ L 261, 6.8.2004, p. 19. 
46 OJ L 80, 18.3.2004, p.1. 

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47 UN Protocol to prevent, suppress and punish trafficking in persons, especially women and children, 
supplementing the UN Convention against Transnational Organised Crime; signed in Palermo on 12 to 15 
December 2000 by all EU Member States and the European Community. 
48 Deadline for transposition according to the act: 6 August 2006. 
49 A new regulation (“Border Code”), which will be based on the Commission proposal COM(2004) 391 final of 
26 May 2004, will seek to clarify, restructure, consolidate and develop existing legislation on border controls on 
persons, which have been developed within the Schengen intergovernmental framework and integrated into the 
Treaty since May 1999. 
50 Hereinafter referred to as EP. 
51 See Report, Recommendations 68 and 76. 
52 The UN Committee on the Rights of the Child has stressed in several occasions the vulnerability of children 
belonging to minorities notably because of poor access to education and lack of birth registration. The Permanent 
Forum  on  Indigenous  Issues  in  its  session  of  2003  recommended  to  the  UN  system  to  address  the  issue  of 
trafficking of indigenous women and girls as a matter of concern. 
53 See UN Trafficking Protocol, Article 9 (5); furthermore: Resolution of the UN Commission on the Status of 
Women (CSW) of 11 March 2005 on Eliminating Demand for Trafficked Women and Girls for All Forms of 
Exploitation. 
54 OJ L 203, 1.8.2002, p. 1; OJ L 13, 20.1.2004, p. 44. 
55 Seriousness and extent of child trafficking for sexual and economic exploitation (child labour, prostitution, 
pornography, cheap labour, begging, pick pocketing, drug selling, organ trafficking, etc.) as well as for illegal 
adoption (Report, p. 67, 68) became clear, inter alia, at a Roundtable on EU Action against Child Trafficking and 
Related Forms of Exploitation, on 26 May 2004 under the auspices of the EU Forum for the Prevention of 
Organised Crime (Supported by the UNICEF Innocenti Research Centre, the International Federation Terre des 
Hommes, Save the Children and Child Focus, which were able to base their presentations on a number of 
research projects, for example, International Federation Terre des Hommes, Kids as commodities? Child 
Trafficking and What to about it, by Mike Dottridge, 2004, and Lost Kids, Lost Futures, The European Union’s 
Response to Child Trafficking, by Mirjam van Reisen and Ana Stefanovic, 2004; ECPAT, Joint East West 
Research on Trafficking in Children for Sexual Purposes in Europe: The Sending Countries, by Murieann 
O’Briain, Anke van den Borne, Theo Noten, 2004; IOM Report on Trafficking in Unaccompanied Minors in 
Ireland, by Dr. Pauline Conroy, 2004; UNICEF Innocenti, Trafficking in Human Beings, Especially Women and 
Children, in Africa, 2003, and Child Trafficking in West Africa: Policy Responses, 2002. Presentations and 
conclusions of the Roundtable are published on the website of the Commission, DG JLS:  
http://europa.eu.int/comm/justice_home/fsj/crime/forum/fsj_crime_forum_en.htm  
More recently, developments caused by HIV/AIDS epidemic and complex emergencies and natural disasters like 
the Tsunami disaster in the Indian Ocean in December 2004 have recalled the specific vulnerability of children 
to trafficking. For further information: UNICEF Innocenti, http://www.childtrafficking.org/; Save the Children, 
http://www.savethechildren.org/; or Terre des homes, http://tdh.ch/cms/index.php?&L=0 
56 Article 24 (2) of the Charter. Moreover, anti trafficking legislation as adopted in the first and the third pillar of 
the EU includes specific provisions on children. Articles 1 (3) and (4), 3 (2)(b), 7 (2) and (3) of the Council 
Framework Decision on combating trafficking in human beings; Council Framework Decision on combating the 
sexual exploitation of children and child pornography; Articles 2 (f) and 10 of Council Directive 2004/81/EC of 
29 April 2004. These provisions recognise the more limited capacities of children to fully understand the 
consequences of their actions. Even when a child agrees to be trafficked and/or exploited, consent cannot be 
assumed and should never be used against the child. In the case of children the use of force, coercion or 
deception is not required for a trafficking offence. 
The Commission, within its competencies, will strengthen the financial support for projects specifically 
addressing child trafficking. In particular, the Daphne II Programme will up to 2008 continue to support 
European organisations that develop measures and actions to prevent or to combat all types of violence against 
children and to protect the victims and groups at risk. 
57 Hereinafter referred to as CRC. More detailed information concerning contents and status of ratification on the 
websites of UNHCHR (http://www.unhchr.ch/html/menu2/6/crc/treaties/crc.htm) or UNICEF 
(http://www.unicef.org/crc/crc.htm). 
58 According to the CRC children are not only (real or potential) victims in need of protection but they also have 
rights that are clearly set out in the CRC: the promotion of the best interests of the child (Art. 3), the non-
discrimination principle (Art. 2), the right to participate (Art. 12), the right to survival and development (Art. 6). 
The views of the child must be given due weight in accordance with his/her age and maturity in consistence with 
Article 12 of the CRC. The CRC contains specific provisions (Articles 32, 33, 34, 35, 36) dealing with 
exploitation, abuse and trafficking. With regard to the definition of “exploitation” the CRC states the right of the 

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child to be protected from “economic exploitation and from performing any work that is likely to be hazardous 
or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, 
moral or social development” as well as from all forms of sexual exploitation and sexual abuse, in particular the 
exploitation of children in prostitution or pornography. Other relevant articles include the right to protection of 
children deprived of their family (Art. 20) and the non use of detention (Art. 37). 
59 Report, p. 69. Other relevant international instruments are: 
Optional Protocol on the sale of children, child prostitution and child pornography of 25 May 2000. Contents and 
status of ratifications: http://www.unhchr.ch/html/menu2/dopchild.htm. The Report (p. 68) points out that it goes 
further than the UN Trafficking Protocol as it includes crimes that are not of a transnational nature and that do 
not involve organised criminal groups and it also covers the transfer of organs and illegal adoption. Additionally, 
it states that the consent of the child is not relevant as long as the overall objective is the exploitation of the child. 
ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of 
Child Labour No. C182 (1999). Full text and status/ratifications of the Convention on the ILO website under:  
http://www.ilo.org/public/english/standards/ipec/ratification/convention/text.htm. Child forced labour is one of 
the main causes and consequences of Human trafficking. Harmonisation of relevant legislation at regional level 
might also be beneficial for freeing child labourers and stop trafficking. On this specific aspect an important 
initiative, the Libreville Declaration, supported by the European Commission and by the ILO IPEC 
(International Programme for the Elimination of Child labour) took place in February 2003. Ministers from 
Benin, Burkina Faso, Cameroon, Ivory Coast, Gabon, Mali and Togo joined forces to denounce the issue of 
child-trafficking in French-speaking West and Central Africa. The meeting focused on the necessity of 
harmonising legislations at national level in those specific African regions in order to fight trafficking of children 
and child labour. 
60 We will take specific action to eradicate all forms of violence against children. We therefore decide to launch a 
three year programme of action to address social, legal, health and educational dimensions of various forms of 
violence  against  children.  We  shall  also  elaborate  measures  to  stop  sexual  exploitation  of  children,  including 
legal instruments if appropriate and involve civil society in this process.” (Warsaw Summit Action Plan). 
61 See Report, recommendations 85, 86. 
62 See FN 60. In the new “Border Code” , the provisions on external border controls have been strengthened, by 
specifying that further investigation shall be carried out by border guards when “there are serious grounds for 
suspecting that they may have been unlawfully removed from the custody of the person(s) legally exercising 
parental care over them”. 
63 End 2005/beginning 2006 
64 The EU can rely on a solid framework of international obligations and commitments as a basis for such 
engagement: in addition to the almost universal ratification of the CRC and substantial ratifications of other 
instruments by third countries, 190 national delegations to the UN General Assembly Special Assembly made 
specific commitments to eliminate trafficking and sexual exploitation of children. 
65 See Report, Recommendations 35 – 42. 
66 Neither the Commission nor Europol nor any other EU mechanism, such as CIREFI (Centre for Information, 
Discussion and Exchange on the Crossing of Frontiers and Immigration, set up by a decision of the Ministers 
responsible for immigration on 30 November and 1 December 1992..), is able to publish precise figures about 
the EU-wide extent of trafficking in human beings. Although the CIREFI data collection contains a category on 
facilitated aliens including, but not solely relating to, those who have been trafficked, it is currently impossible to 
distinguish between trafficked and non-trafficked persons and so the usefulness of this data collection for 
tracking the human trafficking phenomenon is rather low. Europol stated that the nature of the crime makes it 
difficult to estimate exactly how many victims are trafficked in the EU as well as the rest of the world but there 
are reasons to believe that they should be counted in the hundreds of thousands of thousands. The assumptions 
underlying present estimates of the extent at European or global level are however unclear. See Frank Laczko 
(IOM), Human Trafficking: The Need for Better Data, November 1, 2002, Migration Information Source, 
published under: http://www.migrationinformation.org/Feature/display.cfm?ID=66 
67 Data on trafficking in human beings should not only facilitate an assessment of law enforcement activities but 
of the entire anti-trafficking policy including measures related to prevention, to protection and support of victims 
or to the impact of voluntary or forced return. Therefore, it is also important to know, for example, how many 
trafficked persons benefited from support provided by civil society organisations, how many benefited from a 
residence permit and under what conditions, how many returned to their countries of origin and what happened 
to them after three, five or even more years. Finally, it might be useful to know the financial implications of anti-
trafficking measures. 
68 OJ C 260, 29.10.2003, p. 4. 
69 COM(2003) 179 final of 15.4.2003. 

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70  See  the  Commission’s  proposal  for  a  Regulation  on  Community  statistics  on  International  migration  and 
asylum, COM(2005) xxx of xx July 2005. 
71 For instance, data disaggregated by ethnicity may provide empirical evidence to what extent ethnic minorities 
or indigenous peoples fall more easily victim to human trafficking and may allow conclusions regarding the 
discrimination of such groups. Furthermore, UNICEF has stressed that when traditional community bonds are 
eroded by lack of effective official protection and economic marginalization, indigenous women and children 
may be particularly at risk, especially those in remote rural areas or close to national borders (“Ensuring the 
rights of indigenous children”, Innocenti Research Centre, 2004)  
72 Report, chapter 3.8, p. 76 and chapter 3.8.1, p. 77, in particular recommendations 35-37. 
73 Communication from the Commission, The Fundamental Rights Agency, A public consultation document, 
Brussels, 25.10.2004, COM(2004) 693 final. 
74 Project under preparation of Commission services. 
75 Report, Chapter 3.6. Stressed in the Brussels Declaration (OJ C 137, 12.6.2003, p. 3) and recognised by UN 
(Articles 10 and 11 of the UN Trafficking Protocol), OSCE (Ministerial Council, Decision No. 2/03, Combating 
Trafficking in Human Beings, 2 December 2003; Decision No. 13/04 The Special Needs for Child Victims of 
Trafficking for Protection and Assistance, 7 December 2004), Council of Europe Convention on Action against 
Trafficking in Human Beings adopted by the Committee of Ministers on 3 May 2005 
(http://www.coe.int/T/E/human_rights/trafficking/). 
76 The useful role of victim support organisations has already been recognised in Article 13 of 
the Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings 
(OJ L 82, 22.3.2001, p. 4.). In number 6 (d) of its Conclusions of 8 May 2003 the Council urges Member States 
to provide assistance, where appropriate, in close cooperation between state authorities and independent 
specialised organisations (NGOs) and to encourage further development of the sharing of best practices 
(OJ C 137, 12.6.2003, p. 1). A workshop under the auspices of the EU Forum for the Prevention of Organised 
Crime on 30 June 2003 demonstrated that both trafficked persons and law enforcement agencies can benefit 
from the involvement of civil society organisations  
(http://europa.eu.int/comm/justice_home/fsj/crime/forum/fsj_crime_forum2003_en.htm). Some Member States 
have established mechanisms based on specific criteria to formally recognise or register civil society 
organisations that are involved in relevant public-private cooperation and entrusted with particular task. In other 
Member States the cooperation is less regulated. However, replies to a questionnaire of the Commission 
(Council Working Document 11793/03 CRIMORG 57 MIGR 73) showed that in many EU Member States 
competent authorities cooperate in a more or less systematic and regular way with civil society organisations. 
77 See also no. 13, ninth indent of the Brussels Declaration, OJ C 137, 12.6.2003, p. 7.as well as G. Vermeulen 
and H. De Pauw, Cooperation between civil society organisations and law enforcement services in the area of 
missing sexually exploited children, Possibilities and limits from a European perspective, Antwerp-Apeldoorn 
2004, in particular p. 85-94. Although focusing on sexually exploited and missing children the proposals made 
for such protocols should be taken into account in the context of trafficking in human beings. 
78 See Report, Chapter 3.6.1 and Recommendations 35-37. 
79 Endorsed by the OSCE, Ministerial Council, Decision No. 2/03, Combating Trafficking in Human Beings, 2 
December  2003;  more  detailed  information  in:  National  Referral  Mechanisms:  Joining  Efforts  to  Protect  the 
Rights of Trafficked Persons. A Practical Handbook, Warsaw 2004. 
80 See Report, recommendations 30, 31, 34. 
81 The Experts Group proposed a European Anti Trafficking Network. See Report, recommendation 33 and 
Explanatory Paper 6. Such network shall consist of contact points designated by each Member State and by the 
Commission, include governmental and non-governmental agencies and cover the areas of prevention and victim 
assistance as well as law enforcement and police and judicial cooperation. The Experts Group refers to the 
example of the European Crime Prevention Network (Council Decision of 28 May 2001 setting up a European 
crime prevention network, OJ L 153, 8.6.2001, p.1; more detailed information: 
http://europa.eu.int/comm/justice_home/eucpn/home.html). Other options are the use of existing bodies such as 
Experts Group itself or the EU Forum for the Prevention of Organised Crime. 
82 See also European Parliament resolution of 28 April 2005 on the Annual Report on Human Rights in the 
World 2004 and the EU's policy on the matter (2004/2151(INI))”, in particular no. 184, 185 
83 A tripartite plus meeting in 2003, convened by UNOG, was extremely helpful and facilitate the coordination 
between all the organisations that are active in this area. For more detailed information: 
http://www.unhchr.ch/huricane/huricane.nsf/0/6031593A6D26A507C1256CD1003BA09D?opendocument 
http://www2.unog.ch/news2/documents/newsen/dg0310e.htm 
84 In this regard it has to be recalled that, on 3 May 2005, the Committee of Ministers of the Council of Europe 
adopted  a  Convention  on  action  against  trafficking  in  human  being.  This  Convention  has  been  opened  for 

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signature at the Summit of Council of Europe Heads of State and Government held in Warsaw on 16 and 17 May 
2005. It has so far (July 2005) been signed by 15 States, including 8 EU Member States (Austria, Cyprus, Italy, 
Luxembourg, Malta, Poland, Portugal, Sweden). It is not yet in force which requires 10 ratifications, including 
by 8 Council of Europe Member States. 
85  Guidelines  on  the  relations  between  the  Council  of  Europe  and  the  European.  Union,  adopted  as  part  of  an 
Action Plan in the Third Summit of the Council of Europe in Warsaw, 16 – 17 May 2005. 
86 This initiative was set up in 2002at political level with emphasis on practical measures and the achievement of 
tangible results. According to the terms of reference a state secretary or the equivalent should represent each 
participating country as enhancing the treatment of the issue on a political level belongs to the three main 
objectives of the initiative. More detailed information, including the terms of reference and already adopted 
recommendations, on website of the Task Force:  
http://www.against-trafficking.org/templates/news.aspx?page_id=251 
87 SECI, for more detailed information: http://www.secicenter.org/html/index.htm 
88 For more information: 
http://www.icmpd.org/default.asp?nav=budapest&folderid=376&id=49&subfolderId=245 
89  This  dialogue,  which  has  been  launched  in  1990,  brings  together  the  Governments  of  France,  Italy,  Spain, 
Portugal,  Malta,  Mauritania,  Morocco,  Algeria,  Tunisia  and  Lybia,  and  it  serves  the  purpose  to  hold  annual 
meetings at ministerial level to discuss trans-mediterranean issues of mutual interest. At their annual meeting in 
Malta on 30 June 2005, it was agreed to deepen and speed-up the cooperation on combating illegal immigration. 
90 For more information : http://www.icmpd.org/default.asp?nav=budapest&folderid=362&id=-1 

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