Activities of Mariya GABRIEL related to 2015/2118(INI)
Shadow opinions (1)
OPINION on the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims from a gender perspective
Amendments (49)
Amendment 1 #
Draft opinion
Citation 1 (new)
Citation 1 (new)
– having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims and replacing Council Framework Decision 2002/629/JHA,
Amendment 2 #
Draft opinion
Citation 2 (new)
Citation 2 (new)
– having regard to the 1948 Universal Declaration of Human Rights,
Amendment 3 #
Draft opinion
Citation 3 (new)
Citation 3 (new)
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
Amendment 4 #
Draft opinion
Citation 4 (new)
Citation 4 (new)
– having regard to the UN Convention on the Rights of the Child of 20 November 1989,
Amendment 5 #
Draft opinion
Citation 5 (new)
Citation 5 (new)
– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 6 #
Draft opinion
Citation 6 (new)
Citation 6 (new)
– having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, and to the subsequent outcome documents adopted at the United Nations Beijing +5, Beijing +10 and Beijing +15 special sessions and the Beijing +20 review conference,
Amendment 7 #
Draft opinion
Citation 7 (new)
Citation 7 (new)
– having regard to Article 5 of the Charter of Fundamental Rights of the European Union,
Amendment 8 #
Motion for a resolution
Citation 8
Citation 8
– having regard to the 1989 UN Convention on the Rights of the Child, and the European Parliament Resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child;
Amendment 17 #
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the demand for women, girls, men and boys in the prostitution industries is a decisive pull factor for THB for sexual exploitation; and whereas the demand for cheap labour and incapacity to uphold labour rights are pull factors for THB for labour exploitation;
Amendment 29 #
Draft opinion
Recital E
Recital E
E. whereas special attention must be given to vulnerable groups such as Roma, children and refugees, including children, unaccompanied minors, migrant women and Roma;
Amendment 32 #
Motion for a resolution
Recital B
Recital B
B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing, prostitution, sexual exploitation of children online, domestic work, manufacturing, care, cleaning, other types of forced labour (particularly in the service industries), forced begging, forced criminality, forced marriage, illegal adoptions and the trade in human organs;
Amendment 42 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States and intergovernmental organizations to ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination;
Amendment 43 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to accelerate the full and correct enforcement of Directive 2011/36/EU on preventing and combating trafficking in Human beings and protecting its victims;
Amendment 44 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice and that sanctions are strengthened; calls on Member States to improve collection of evidence and to increase police and judiciary cooperation to combat trafficking including with Europol and Eurojust.
Amendment 54 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Insists that equality between men and women and zero tolerance towards violence against women are core values of the European Union to be respected by all people on the territory regardless from which culture they originate; considers that in the respect of the rule of law and to protect the security of women in Europe those migrants who perpetrated criminal activities like human trafficking, sexual exploitation and forced labour should, after a fair trial, be repatriated;
Amendment 56 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to strengthen cooperation in order to track and confiscate assets of traffickers; calls on Member States to use all existing tools available more efficiently such as mutual recognition of Court judgements, joint investigation teams and the European investigation order;
Amendment 60 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Member States to make legal aid available to victims of trafficking not only in criminal proceedings, but also in civil, labour or immigration/asylum proceedings in which they are involved;
Amendment 60 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas particular attention should be given to children, unaccompanied minors and migrant women as they face multiple risks;
Amendment 63 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses the importance of 'following the money' as a key strategy to investigate and prosecute the organised crime networks that profit from THB, and calls on Europol and Eurojust to reinforce its capacities in the field of combating THB; Member States should freeze and confiscate the assets of individuals involved in trafficking, the confiscated assets of persons convicted of trafficking offences should be used to support and compensate victims of trafficking;
Amendment 72 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to come forward with proposals that create consistency in EU legislatiMember States to fully implement articles 11to 17 concerning protection and support of victims of Trafficking in Human Beings of the Directive 2011/36/EU and fully implement Directive 2012/29/EU establishing minimum standards on, to ensure that victims of THB are entitled tohe rights, support and protection of victims of crime to ensure consistency and proper support and assistance for victims of Trafficking in human beings;
Amendment 72 #
Motion for a resolution
Recital J
Recital J
J. whereas a majority of the registered victims are women and girls trafficked for the purposes of sexual exploitation, together comprising up to 95 % of the victims trafficked for sexual exploitation12 ; whereas trafficking is a form of violence against women and girls; __________________ 12 Idem, Eurostat report.
Amendment 78 #
Motion for a resolution
Recital K
Recital K
K. whereas there is a clear distinction between THB and human smuggling, but undocumented migrants are particularly vulnerable to exploitation and further victimisation, especially children and women;
Amendment 79 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for better implementation of Article 11 of the directive, so as to ensure the early identification, adequate assistance and protection of victims of trafficking, in particular by increasing the number of shelters for victims and by strengthening programmes for victims' reintegration into society;
Amendment 80 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that according to Europol about 10.000 unaccompanied children have disappeared after their arrival in the EU in 2015 and that they could be victims of trafficking and exposed to all sort of exploitation and abuse; calls on the Member States to fully implement the asylum package and register children upon their arrival in order to ensure their inclusion in the Child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe;
Amendment 81 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas trafficking is a serious organised crime that generates high profits of about 150 billion dollars a year; whereas there is still too low risk of being prosecuted and too low sanctions to be applied to deter crime compared to the high profits;
Amendment 83 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that prevention in terms of taking appropriate measures, such as education and training, to discourage and reduce demand, as well as information and awareness-raising campaigns, research and educational programmes, aimed at reducing the risk of people, becoming victims of trafficking, is of crucial importance to effectively combat trafficking in human beings;
Amendment 86 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines that training for officials likely to come into contact with victims or potential victims of trafficking in human beings is essential, so that those involved fully understand the phenomenon they are seeking to tackle and know how to recognise it at an early stage;
Amendment 88 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States to speed up the full and correct enforcement of Directive 2011/36/EU on preventing and combating trafficking in Human beings and protecting its victims;
Amendment 90 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States to combat impunity, criminalise trafficking and ensure that perpetrators are brought to justice and that sanctions are strengthened as well as adequate to be dissuasive; calls on Member States to improve collection of evidence to combat trafficking and to increase police and judiciary cooperation including with Europol, Eurojust and Frontex with particular attention to the gender dimension of THB;
Amendment 94 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. AcknowledgeCommends the good work done by the office of the EU Anti-Trafficking Coordinator in the development ofing knowledge and evidence on the various aspects of THB, including research into the gender dimension and the particular vulnerability of children;
Amendment 98 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Member States to strengthen cooperation in order to track and confiscate assets of traffickers, in particular linked to abuse and sexual exploitation of women and girls; calls on Member States to use all existing tools available more efficiently such as mutual recognition of Court judgements, joint investigation teams and the European investigation order;
Amendment 100 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Considers that migrants are particularly vulnerable to trafficking, especially children and women; calls on Member States to increase cooperation, including in the hotspots, to identify potential victims and to use all means to combat traffickers and smugglers;
Amendment 104 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to implement the principle of non- refoulement in their anti-trafficking directives as is the case in the UN Trafficking Protocol and the CoE Trafficking Convention and in accordance with States obligations under international refugee law and international human rights law;
Amendment 105 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that training of practitioners and officials is crucial to early identify potential victims and prevent crime; calls therefore on the Member States to fully apply art 18. 3 of the Directive 2011/36/EU and to share best practices;
Amendment 105 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that under Article 11 of the directive, Member States have an obligation to establish mechanisms to ensure the early identification of, assistance to and support for victims, in cooperation with relevant support organisations; calls on Member States to implement Articles 11 to 17 of the Directive concerning protection and support of victims with a gender sensitive approach and to fully apply Directive 2012/29/ EU establishing minimum standards on the rights, support and protection of victims of crime to ensure proper support and assistance for victims of THB;
Amendment 111 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that migrants are particularly vulnerable to trafficking, especially children; calls on Member States to increase cooperation, including in the hotspots, to identify potential victims and to use all means, including military operations, to combat traffickers and smugglers;
Amendment 112 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that third country nationals victims of trafficking should be given the possibility to safe return, but also be entitled to residence permits, in order to ensure their proper access to justice, support and assistance;
Amendment 115 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that safe and legal ways of entry to the EU would decrease vulnerability and trafficking in human beings;
Amendment 117 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls the obligation of Member States to pay special attention to child victims of trafficking including unaccompanied minors coming from third countries, and to provide special protection to children in criminal procedures, the best interests of the child must be considered paramount at all times (Art 13, 14,15,16);
Amendment 117 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the huge and increasing role of the internet in the recruitment of victims and the exchange of information between criminal networks; calls on the Member States to ensure that their respective anti- trafficking policies take account of this and that law enforcement efforts addressing cyber technologies have the gender expertise needed to tackle this in the best way; stresses that new technologies, social media and the internet should also be used to raise awareness and alert potential victims on the risks of trafficking;
Amendment 136 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop guidelines based on best practices to develop and mainstream gender expertise into the activities of law enforcement bodauthorities across EU;
Amendment 141 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. CRecalls on the Commission and the Member States to work together tothat training of practitioners and officials is crucial to early identify potential victims and prevent crime; calls therefore on the Member States to fully apply art 18. 3 of the Directive 2011/36/EU and to share best practices in particular when createing gender-sensitive training programmes for persons coming in contact with victims of THB in an official capacity, including police officers, border officers, judges, magistrates, lawyers, front-line medical staff and social workers; stresses that training should include detection of victims, the formal identification process and appropriate, gender-specific assistance for victims;
Amendment 149 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States actively to include social partners, private sector, trade unions and civil society in their initiatives to prevent THB, particularly in the field of labour exploitation, including as regards the identification of victims and awareness- raising activities;
Amendment 154 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that while sexual exploitation of children is illegal in all Member States, this does not prevent trafficking of children for sexual exploitation; calls on the CommissionMember States to fully implement Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography and to step up their police and judicial cooperation to prevent and combat child sexual exploitation; calls on the Commission in cooperation with the Member States to examine how the demand for sexual services drives child trafficking, and how beston Member States to share best practices to reduce demand;
Amendment 181 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that it is already illegal under Directive 2009/52/EC for employers to use the work or services of third-country nationals with no legal residency status in the EU with the knowledge that they are victims of THB,; and is concernedacknowledges that EU nationals who are victims of THB are not included under this legislation; asks that the Commission examine the impact of this apparent loophole and assess the need to change the legislation in order to close itcalls on the Member States to ensure that in their national legislation EU- nationals victims of trafficking are protected from labour exploitation and relevant sanctions are put in place;
Amendment 182 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Recalls that according to Europol about 10.000 unaccompanied children have disappeared after their arrival in the EU in 2015 and that they could be victims of trafficking and exposed to all sort of exploitation and abuse; calls on the Member States to register children upon their arrival and ensure their inclusion in the Child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe who are particularly vulnerable to trafficking;
Amendment 223 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Member StatesRecalls that according to Directive 2004/81/EC Member States are bounded to allow a period of reflection and recovery for victims of trafficking in human beings; Calls on the Member States when determining the duration of such a period to take into account art.13 of the Council of Europe Convention on action against trafficking in human beings and to assess the possibility of extending the minimum 30-day recovery and reflection period included in the Council of Europe Convention for women trafficked for the purposes of sexual exploitation, given the significant and sustained harms of this form of violence against women;
Amendment 225 #
Motion for a resolution
Paragraph 39
Paragraph 39
39. Notes that the current EU Strategy towards the Eradication of THB comes to an end in 2016, and calls on the Commission to evaluate the current strategy and introduce a new one that includes a clear gender dimension and contains concrete actions in this regard; calls for this strategy to be integrated and made coherent with other policy areas, with a view to ensuring effective implementation of anti-trafficking measures, including, but not limited to, security, migrationgender equality, migration, cybersecurity and law enforcement.
Amendment 229 #
Motion for a resolution
Paragraph 41
Paragraph 41
41. Asks thatCalls on the Member States to collect more detailed data by compiling reliable statistical information gathered from all main actors, by ensuring that the data is disaggregated by gender, age, type of exploitation (within the subsets of types of THB), country of origin and destination, and by including internally trafficked people, to better assess the gender dimensionidentify potential victims and precvent trendcrime; calls ion THB, as well as by collecting data on recovthe Member States to increase data sharing to bettery and reflection periods, residence permits and victim compensationssess the gender dimension and recent trends in THB and combat trafficking more effectively; calls on the Members States to ensure that national rapporteurs play a more significant role in the coordination of data collection initiatives, in close cooperation with relevant civil society organisations active in this field;