In its new EU strategy on combatting trafficking in human beings 2021-2025, the European Commission strives to provide a comprehensive response and cover all aspects from prevention to the conviction of traffickers.European Commission. (2021, April 14). Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Strategy on Combatting Trafficking in Human Beings 2021- 2025. COM(2021) 171 final. https://ec.europa.eu/home-affairs/system/files_en?file=2021-04/14042021… The document notes instances when traffickers took advantage of national asylum systems and gives examples of the instruments under the Pact on Migration and Asylum to ensure that smuggling networks are dismantled and victims can safely reach the EU.
In response, several Member States, for example Slovakia and Slovenia, adopted new national action plans for combating trafficking in human beings.Ministry of the Interior | Ministrstvo za notranje zadeve. (2021). Action Plan for Combatting Trafficking in Human Beings for the 2021-2022 Period. https://www.gov.si/assets/vladne-sluzbe/UKOM/Boj-proti-trgovini-z-ljudm…; Regulation of the Ministry of the Interior of the Slovak Republic No 161/2020 on Implementing the Human Trafficking Victims Assistance and Protection Programme The Spanish government adopted the National Strategic Plan against Human Trafficking for 2021-2023 with 16 action lines and 62 measures. This is considered to be the first comprehensive plan to address all forms of trafficking in the country, involving several ministries, the judiciary, the state prosecutor’s office, international organisations and civil society organisations.
The Council of Europe’s GRETA published reports on Bulgaria,Council of Europe, Group of Experts on Action against Trafficking in Human Beings. (2021, April 29). Evaluation report: Bulgaria: Third evaluation round: Access to justice and effective remedies for victims of trafficking in human beings. GRETA(2021)04. https://rm.coe.int/greta-evaluation-report-on-the-implementation-of-the… Denmark,Council of Europe, Group of Experts on Action against Trafficking in Human Beings. (2021, March 17). Evaluation report: Denmark: Third evaluation round: Access to justice and effective remedies for victims of trafficking in human beings. GRETA(2021)05. https://rm.coe.int/greta-evaluation-report-on-the-implementation-of-the… MaltaCouncil of Europe, Group of Experts on Action against Trafficking in Human Beings, GRETA. (2021, November 10). Evaluation report: Malta: Third evaluation round: Access to justice and effective remedies for victims of trafficking in human beings. GRETA(2021)10. https://rm.coe.int/greta-evaluation-report-on-malta-3rd-evaluation-roun… and RomaniaCouncil of Europe, Group of Experts on Action against Trafficking in Human Beings. (2021, June 3). Evaluation report: Romania: Third evaluation round: Access to justice and effective remedies for victims of trafficking in human beings. GRETA(2021)09. https://rm.coe.int/evaluation-report-on-the-implementation-of-the-counc… in 2021 and on FranceCouncil of Europe, Group of Experts on Action against Trafficking in Human Beings. (2022, February 18). Evaluation report: France: Third evaluation round: Access to justice and effective remedies for victims of trafficking in human beings. GRETA(2022)01. https://rm.coe.int/evaluation-report-france-third-evaluation-round/1680… in early 2022.
The Slovak government adopted a resolution to outline its plan for addressing the 2020 recommendations from GRETA.Ministry of the Interior | Ministerstvo vnútra. (2021). LP/2021/290 Návrh opatrení na zabezpečenie plnenia odporúčaní skupiny expertov Rady Európy pre oblasť boja proti obchodovaniu s ľuďmi (GRETA) k implementácii Dohovoru Rady Európy o boji proti obchodovaniu s ľuďmi v treťom kole hodnotenia [LP / 2021/290 Proposal for measures to ensure the implementation of the recommendations of the Council of Europe Group of Experts on Trafficking in Human Beings (GRETA) on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings in the third round of evaluation]. https://www.slov-lex.sk/legislativne-procesy/-/SK/LP/2021/290 As part of the changes, authorities have started to implement the updated national referral mechanism in 2021, laying down the roles and responsibilities for the identification of and support to survivors of human trafficking.Regulation of the Ministry of the Interior of the Slovak Republic No 161/2020 on Implementing the Human Trafficking Victims Assistance and Protection Programme
In preparation for GRETA’s visit to Ireland,Council of Europe. (2021, December 14). GRETA visits Ireland as part of the third evaluation round. https://www.coe.int/en/web/anti-human-trafficking/-/greta-visit-to-irel… the Irish Human Rights and Equality Commission prepared a report on Ireland’s compliance with the Council of Europe’s Convention on Action against Trafficking in Human Beings. The report welcomes the approval of the National Referral MechanismDepartment of Justice | An Roinn Dlí Agus Cirt. (2021, May 11). Government approves proposal for a revised National Referral Mechanism to make it easier for human trafficking victims to come forward and receive supports: Press release. https://www.gov.ie/en/press-release/27823-government-approves-proposal-… and underlines that it needs to apply to all suspected victims of trafficking regardless of their nationality and immigration status. The report underlines that the development of specific accommodation for trafficking victims needs to be a priority under the reform of the Irish reception system.Irish Human Rights and Equality Commission. (2021, October 18). Trafficked people in Ireland need faster state action, Council of Europe told. https://www.ihrec.ie/trafficked-people-in-ireland-need-faster-state-act…
The Working Group on Asylum and Human Trafficking in Switzerland published its recommendations for the State Secretariat for Migration. Some of the recommendations have already been implemented as a result of the discussions within the working group, for example a 30-day recovery and reflection period for potential victims of human trafficking who are identified during the asylum procedure. The authority is planning to further improve its processes, for example by introducing a special interview for survivors of human trafficking, harmonising rules for identification and assistance, and facilitating communication among support, medical and security staff, as well as legal advisors.State Secretariat for Migration | Staatssekretariat für Migration | Secrétariat d’État aux migrations | Segreteria di Stato della migrazione. (2021, May 25). Rapport sur la traite des êtres humains: le SEM met en œuvre les recommandations [Report on human trafficking: SEM implements the recommendations]. https://www.sem.admin.ch/sem/fr/home/sem/medien/mm.msg-id-83657.html
A consultative group was established in Bulgaria to launch an online platform offering guidance and support to victims of trafficking. The group includes the State Agency for Asylum, the Agency for Social Aid, the Agency for Quality of Social Services, the State Agency for Child Protection, the Prosecutor’s Office, Directorate Generals National Police, Combating Organized Crime, border police, as well as the IOM and UNHCR. The launch of the platform is part of the activities under the project “ACTIVATE – Improving the identification of victims, prevention of trafficking in human beings and support mechanisms”, funded by AMIF and implemented by Animus Association Foundation. Following the standard operating procedures of the Bulgarian National Mechanism for Guiding and Assisting Traffic Victims which was approved by a Council of Ministers’ decree in 2016, the platform will include information on the stakeholders involved in the national mechanism, an interactive map of social services for victims of trafficking, information on international, European and Bulgarian legislative frameworks, and research, reports and data on trafficking in human beings.
Under the same AMIF project, 126 Greek reception and public health employees working in reception facilities received training on the identification of victims of human trafficking.Activate - Enhancing the anti-trafficking identification, prevention and support mechanisms. (2022, May 3). Actions. https://www.activateproject.eu/?page_id=15
The Deputy Minister for Social Welfare, the Minister for Justice and the police signed a memorandum in Cyprus to strengthen cooperation for the referral and support to survivors of human trafficking.Press and Information Office of the Republic of Cyprus | Γραφείο Τύπου και Πληροφοριών της Κυπριακής Δημοκρατίας. (2022, January 24). Χαιρετισμός Υφυπουργού Κοινωνικής Πρόνοιας κας Αναστασίας Ανθούση στην τελετή υπογραφής Μνημονίου Συνεργασίας για τα θύματα εμπορίας προσώπων [Statement of the Deputy Minister of Social Welfare, Ms. Anastasia Anthousis, at the signing ceremony of a Memorandum of Cooperation for the victims of trafficking in human beings]. https://www.pio.gov.cy/%CE%B1%CE%BD%CE%B1%CE%BA%CE%BF%CE%B9%CE%BD%CF%89…; Ministry for Social Welfare | Υφυπουργείο Κοινωνικής Πρόνοιας. (2022, January 24). Υπογραφή Μνημονίου Συνεργασίας μεταξύ Αστυνομίας Κύπρου και Υπηρεσιών Κοινωνικής Ευημερίας για την παραπομπή, το χειρισμό, την προστασία και την ενημέρωση των πιθανών και αναγνωρισμένων θυμάτων της εμπορίας προσώπων [Joint statement on Memorandum of cooperation between the Cyprus Police and the Social Welfare Services for the referral, handling protecting and informing potential and recognised victims of trafficking ]. http://www.dmsw.gov.cy/dmsw/socialwelfare.nsf/All/F9A496631B00E65BC2258… The national reception strategy also established assessments and referral mechanisms as core objectives.General Secretariat of the Council of Ministers, Cyprus | Γενική Γραμματεια Υπουργικού Συμβουλίου. (2021, November 4). Απόσπασμα από τα Πρακτικά της Συνεδρίας του Υπουργικού Συμβουλίου Ημερομηνίας 4/11/2021, Αριθμός Απόφασης 92.119 Εθνικό Σχέδιο Δράσης 2019-2021 για την αντιμετώπιση της εμπορίας προσώπων [Extracts of the Ministerial Council Meeting of 04/11/2021, Decision 92.119 National Action Plan for combatting trafficking in human beings]. http://www.cm.gov.cy/cm/cm.nsf/All/CFABF11813A1CF18C22587D40044204E/$fi…
Fighting human trafficking has remained a priority for the Finnish government. In July 2021, it adopted the national Action Plan against Trafficking in Human Beings, including five strategic objectives and 55 actions.Ministry of Justice | Oikeusministeriö. (2021). Finland fights human trafficking: Action Plan against Trafficking in Human Beings. https://julkaisut.valtioneuvosto.fi/bitstream/handle/10024/163326/OM_20… The Finnish Ministry of the Interior and the Ministry of Economic Affairs and Employment requested the Non-Discrimination Ombudsperson to analyse practices related to issuing a special residence permit to victims of human trafficking. The request came from the Finnish parliament inquiring about the need for legislative amendments on the grounds of the special residence permit.Ministry of the Interior | Sisäministeriö. (2021, March 18). Residence permit practices concerning victims of human trafficking are being reviewed. https://intermin.fi/en/-/residence-permit-practices-concerning-victims-…
The report concluded that most victims were granted international protection or a residence permit based on humanitarian reasons, but the provisions on the special residence permit created for victims of human trafficking were rarely applied.Ministry of the Interior | Sisäministeriö. (2021, September 28). Report: The special provision on trafficking in human beings is rarely used as grounds for a victim’s residence permit. https://intermin.fi/en/-/report-the-special-provision-on-trafficking-in… In addition, several other initiatives were ongoing to revise the identification of and support to survivors of human trafficking in general, for example by developing a comprehensive legislative framework to combat trafficking,Ministry of Justice | Oikeusministeriö. (2021, August 23). Commitments to sustainable development made by the Ministry of Justice aim to combat human trafficking and reduce inequality. https://oikeusministerio.fi/en/-/commitments-to-sustainable-development… a pilot programme on job training for victims of human trafficking,Finnish Immigration Service | Maahanmuuttovirasto. (2021, September 16). Assistance System for Victims of Human Trafficking offers working life training to victims. https://migri.fi/en/-/assistance-system-for-victims-of-human-traffickin… and a general revision of support to survivors to avoid re-victimisation.Finnish Immigration Service | Maahanmuuttovirasto. (2021, September 16). Assistance System for Victims of Human Trafficking offers working life training to victims. https://migri.fi/en/-/assistance-system-for-victims-of-human-traffickin…
UNHCR and the Italian National Commission for Asylum published new guidelines for the identification of victims of trafficking in an effort to standardise the procedure across territorial commissions.National Commission for the Right to Asylum | Commissione Nazionale per il Diritto d’Asilo, & United Nations High Commissioner for Refugees. (2021). L'identificazione delle vittime di tratta tra i richiedenti protezione internazionale e procedure di referral [Identification of victims of trafficking among applicants for international protection and referral procedures]. https://www.unhcr.org/it/wp-content/uploads/sites/97/2021/01/Linee-Guid… Italian tribunals were faced with several asylum claims by trafficked applicants, for example women from Nigeria (see here and here). The CNDA in France noted that a Nigerian woman from Lagos, escaping a prostitution network, could not be considered to belong to a particular social group, as the scale, methods and traffickers’ means of control over the victims were not comparable to that in Edo or other southern states in Nigeria. Still, due to the risks after escaping from prostitution, the court concluded that she should be granted subsidiary protection.
In contrast, the Swiss Federal Court concluded in a case that an applicant from Edo who was forced into prostitution after she arrived to Europe could return to Nigeria and re-establish her life there, given that she remained in constant contact with her family and there were no indications that they would not support her upon return.
The French action plan on vulnerabilities foresees an evaluation of the 300 places dedicated to victims of human trafficking and female victims of violence.Ministry of the Interior | Ministère de l'Intérieur. (May 2021). 10 actions renforcer la prise en charge des vulnérabilités des demandeurs d'asile et des réfugiés [10 actions strengthening the response to vulnerabilities of asylum seekers and refugees]. https://www.interieur.gouv.fr/content/download/127815/1021010/file/Plan…
The Dutch Court of the Hague referred questions to the CJEU seeking clarification on the issuance of a residence permit for victims of trafficking in human beings in conjunction with the Dublin III Regulation. The Council of State questioned the impact of an appeal on the counting of the Dublin transfer time limit in a case involving human trafficking (see Section 4.2).
Several civil society initiatives provided their input and expertise in the area of human trafficking and asylum. For example, the COALESCE project was launched in January 2021 with AMIF funding to provide support to female migrant victims of trafficking in human beings for sexual exploitation. It is led by the Mediterranean Institute of Gender Studies in Cyprus, and project partners include the European Network of Migrant Women and civil society organisations from Cyprus, Germany, Ireland, Italy, Latvia and Lithuania.European Network of Migrant Women. (2021). COALESCE: Gender-specific psycho-social, legal and economic support to migrant women victims of trafficking for sexual exploitation in Cyprus, Germany, Ireland, Italy, Latvia, Lithuania. https://www.migrantwomennetwork.org/2021/02/15/coalesce/ Throughout 2021, Mind the Gap reports were published for each project country, analysing the needs to integrate survivors.Mediterranean Institute of Gender Studies. (May 2021). Mind the Gap Report: COALESCE for Support in Cyprus. Needs analysis for the integration of migrant female victims of trafficking for sexual exploitation/abuse. https://medinstgenderstudies.org/wp-content/uploads/2021/07/COALESCE_Mi…; Mediterranean Institute of Gender Studies. (July 2021). Mind the Gap Report: COALESCE for Support in Ireland. Needs analysis for the integration of migrant female victims of trafficking for sexual exploitation/abuse. https://medinstgenderstudies.org/wp-content/uploads/2021/07/COALESCE-Mi…; Mediterranean Institute of Gender Studies. (July 2021). Mind the Gap Report: COALESCE for Support in Italy. Needs analysis for the integration of migrant female victims of trafficking for sexual exploitation/abuse. https://medinstgenderstudies.org/wp-content/uploads/2021/07/Mind-the-Ga…; Mediterranean Institute of Gender Studies. (April 2021). Mind the Gap Report: COALESCE for Support in Germany. Needs analysis for the integration of migrant female victims of trafficking for sexual exploitation/abuse. https://medinstgenderstudies.org/wp-content/uploads/2021/07/Mind-the-Ga…; Mediterranean Institute of Gender Studies. (August 2021). Mind the Gap Report: COALESCE for Support in Latvia. Needs analysis for the integration of migrant female victims of trafficking for sexual exploitation/abuse. https://medinstgenderstudies.org/wp-content/uploads/2021/08/COALESCE_Mi…; Mediterranean Institute of Gender Studies. (July 2021). Mind the Gap Report: COALESCE for Support in Lithuania. Needs analysis for the integration of migrant female victims of trafficking for sexual exploitation/abuse. https://medinstgenderstudies.org/wp-content/uploads/2021/07/COALESCE_Mi…
The AMIF-funded project “Identification of Trafficked International Protection Beneficiaries’ Special Needs (TRIPS)” is a 2-year initiative coordinated by Forum Réfugiés-Cosi which aims to identify and address specific integration needs of trafficked beneficiaries of international protection, both at the EU and national levels.Immigrant Council of Ireland. (2022, May 3). Trafficked international protection beneficiaries’ special needs - TRIPS initiative. https://www.immigrantcouncil.ie/campaign/ending-human-trafficking/trips The project is implemented with civil society partners from Czechia, Ireland and Italy and the Churches’ Commission for Migrants in Europe. Country-specific project updates were published throughout 2021,TRIPS Project – identification of TRafficked International Protection beneficiaries’ Special needs. (2021). Findings of the TRIPS project: Problems with the identification of victims of trafficking in human beings among international protection beneficiaries in Czech Republic. Elaborated by the Organization for Aid to Refugees. https://www.immigrantcouncil.ie/sites/default/files/2021-04/TRIPS-Artic…; TRIPS Project – identification of TRafficked International Protection beneficiaries’ Special needs. (2021). TRIPS project: A new and promising accommodation mechanism for trafficked women international protection beneficiaries in France. Elaboaretd by Forum réfugiés-Cosi. https://www.immigrantcouncil.ie/sites/default/files/2021-04/TRIPS-Artic…; TRIPS Project – identification of TRafficked International Protection beneficiaries’ Special needs. (2021). TRIPS Project: Good practice on the identification of victims of trafficking during the procedure for the recognition of international protection in Italy. Elaborated by the Churches’ Commission for Migrants in Europe, Forum réfugiés-Cosi, Immigrant Council of Ireland, Italian Council for Refugees, Organization for Aid to Refugees. https://www.immigrantcouncil.ie/sites/default/files/2021-07/TRIPS-Artic… as well as a European level comparative report leading to recommendations to European and national policymakers and national authorities.TRIPS Project – identification of TRafficked International Protection beneficiaries’ Special needs. (2021). European Report: Identification of trafficked international protection beneficiaries' special needs: A comparative report: Czech Republic, France, Ireland and Italy. https://www.immigrantcouncil.ie/sites/default/files/2021-10/TRIPS%20EUR…
