Awaiting Parliament 1st reading / single reading / budget 1st stage
2015/2118(INI) Implementation of the Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims from a gender perspective
Lead committee dossier: FEMM/8/03507
Legal Basis RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | FEMM | BEARDER Catherine (ALDE) | CORAZZA BILDT Anna Maria (EPP), HONEYBALL Mary (S&D), GERICKE Arne (ECR), BJÖRK Malin (GUE/NGL), URTASUN Ernest (Verts/ALE) |
| Opinion | LIBE | BJÖRK Malin (GUE/NGL) |
Legal Basis RoP 052
Activites
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2016/05/12
Debate in plenary scheduled
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2016/04/27
Committee report tabled for plenary, single reading
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A8-0144/2016
summary
The Committee on Women’s Rights and Gender Equality adopted the own-initiative report by Catherine BEARDER (ALDE, UK) on implementation of the Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims from a gender perspective. The Committee on Civil Liberties, Justice and Home Affairs, exercising the prerogative of an associated committee in line with Article 54 of the Rules of Procedure of the European Parliament, was also consulted to give an opinion on the report. To recall, trafficking in human beings (THB) is a violation of fundamental human rights under Article 5 of the Charter on Fundamental Rights of the EU, as well as a violation of the victim’s personal integrity and a serious organised crime that undermines the state and the rule of law. It has been addressed at many levels of governance, most notably in the EU with Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, which established a legal framework to better enable criminal prosecutions against traffickers. The current refugee crisis has shown up the lack of proper tools at a European level for jointly combating THB, especially when its aim is the sexual exploitation of women and children. The report noted that women and girls make up 80 % of registered victims of THB and children make up approximately 16 % of registered victims. 70 % of the identified victims of THB and 70 % of suspected traffickers in the EU are EU nationals. THB is a complex transnational phenomenon that can be tackled effectively only if the EU institutions and Member States work together in a coordinated manner in order to prevent ‘forum shopping’ by criminal groups and individuals. Addressing the gender dimension of THB in the implementation of the directive: Members noted that Directive 2011/36/EU was due to be transposed into Member States’ national laws by 6 April 2013, and that all Member States except one have notified the Commission of the transposition of this directive into national law. Members States should speed up the full and correct enforcement of Directive 2011/36/EU. The gender dimension must be consistently monitored in the implementation of EU anti-trafficking legislation. Women and men, girls and boys are vulnerable in different ways, and are often trafficked for different purposes, and that prevention, assistance and support measures must therefore be gender-specific. Members welcomed the Commission’s creation of a webpage against trafficking that contains a database of EU-funded projects in the EU and elsewhere, up-to-date information on EU legal and political instruments, measures to combat people trafficking in the Member States, funding possibilities and EU initiatives. They considered that asylum seekers, refugees and migrants are particularly vulnerable to trafficking and that special attention should be given to the trafficking of women, children and other vulnerable groups. The Commission and the Member States are called upon to investigate the link between the increasing numbers of refugees arriving and THB. Gender perspective in the prevention of THB: Members stressed the need for a gender perspective approach based on four key strategies: prevention; prosecution; victim protection; multi-level partnership. They also stressed the need for a consistent approach to prosecution of offences related to human trafficking, and for the Member States to step up their investigations and prosecutions. Criminal penalties for crimes of human trafficking, modern slavery and exploitation should be put in place. Increased cross-border cooperation and collaboration with the relevant EU agencies is stressed. Members called on Justice and Home Affairs (JHA) agencies such as Eurojust, Europol, the FRA, Frontex, CEPOL and the EASO to develop a sustained programme of improving gender balance in decision-making relevant to trafficking. Members states are called upon to take more proactive preventative actions such as information and awareness-raising campaigns, training specifically designed for men, targeted workshops with vulnerable groups and education activities in schools, including promoting equality, combating sexist stereotypes and gender-based violence, as equal treatment should be an objective of the whole of society. The EU is called upon to pay attention to and make visible the new forms of trafficking and exploitation of human beings, including reproductive exploitation and trafficking in new-born children. Forced marriage can also be regarded as a form of trafficking in human beings if it contains an element of exploitation of the victim. The gender dimension of assistance and support to, and protection of, victims: Members expressed concern that not all victims are able to access services easily or have knowledge of them. Victims of THB require specialised services, including access to safe short- and long-term accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services, etc. The Commission is asked to come forward with a European strategy for combating gender violence, containing a legislative proposal on violence against women that includes THB. Member States are called upon to: establish hotlines which victims of human trafficking and exploitation can call to seek assistance and advice; provide free legal aid, including legal assistance and representation, psychological and medical support, and information on the rights to assistance and health care; make legal aid available to victims of trafficking not only in criminal proceedings, but also in any civil, labour or immigration/asylum proceedings in which they are involved. Assessment of other gender-sensitive measures taken in the implementation of the Directive: noting that the current EU Strategy towards the Eradication of THB comes to an end in 2016, Members called on the Commission to evaluate the current strategy and to introduce a new one that follows a human-rights-based approach, focusing on victims, includes a clear gender dimension and contains concrete actions in this regard, adequately and effectively addresses prevention, and continues to discourage the demand that fosters all forms of trafficking. The report called on the Member States to collect more detailed and up-to-date data by compiling reliable statistical information gathered from all the main actors, by ensuring that the data is homogeneous and 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, in order to better identify potential victims and prevent crime. Member States should increase data sharing in order to better assess the gender dimension and recent trends in THB and combat trafficking more effectively. Despite the clear definition of THB given in the Directive, a number of different definitions have been adopted in Member States’ national legislation. The Commission called on the Commission to conduct research on this and to report on what these differences in definition mean in practical terms for the application of the Directive.
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A8-0144/2016
summary
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2016/04/19
Vote in committee, 1st reading/single reading
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2015/05/21
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A8-0144/2016
| Amendments | Dossier |
| 358 |
2015/2118(INI)
2016/02/24
LIBE
117 amendments...
Amendment 1 #
Draft opinion 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 10 #
Draft opinion Recital A a (new) Aa. whereas, as stated by the Joint UN Commentary on the EU Directive –A Human Rights-Based Approach (2011), several UN agencies recall that "trafficking in both men and women should be acknowledged, and the similarities and differences in the experiences of women and men in relation to vulnerabilities and violations should be addressed";
Amendment 100 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the European Commission to examine how the different approaches to prostitution in national legislation affects trafficking in human beings;
Amendment 101 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the EU to pay attention and make visible the new forms of trafficking and exploitation of human beings, including reproductive exploitation and trafficking in new-born children;
Amendment 102 #
Draft opinion Paragraph 4 a (new) 4a. Calls for terms such as 'sexual services' not to be used in legislation, since they trivialise prostitution and legitimise the exploitation of women and men for prostitution;
Amendment 103 #
Draft opinion Paragraph 4 a (new) 4a. Calls for a consistent approach to prosecution of offences related to human trafficking, and for Member States to step up their investigations and prosecutions; calls, in that regard, for Member States to increase cross-border cooperation and collaboration with the relevant EU agencies;
Amendment 104 #
Draft opinion 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) 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 106 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission and the Member States to take targeted actions to discourage demand for THB as it is an inevitable element of preventing and combating THB;
Amendment 107 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle trafficking in beings;
Amendment 108 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the EU to provide through Eurostat estimations in its statistics on victims of trafficking in human beings, and not only registered victims, following the general pattern by UN agencies such as IOM, UNODC or ILO;
Amendment 109 #
Draft opinion Paragraph 4 b (new) 4b. Calls on all Member States to sign and ratify the Council of Europe Convention on Action against Trafficking in Human Beings;
Amendment 11 #
Draft opinion Recital A a (new) Aa. whereas THB is a modern kind of slavery that cannot be accepted in a society that is based on the respect for human rights including gender equality;
Amendment 110 #
Draft opinion Paragraph 4 b (new) 4b. Calls for a stronger collaboration with online platforms on projects aimed at raising awareness of the risks of being targeted and recruited over the internet and via social networks;
Amendment 111 #
Draft opinion 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) 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 113 #
Draft opinion Paragraph 4 b (new) 4b. Encourages the EU and the Member States to research into of the newest trends and forms of THB, including the influence the current migration crisis could have on THB, in order to address the new developments with an adequate and targeted response;
Amendment 114 #
Draft opinion Paragraph 4 c (new) 4c. Encourages national authorities and EU agencies to create, where relevant, joint investigation teams and involve Europol and Eurojust in all cross-border trafficking cases;
Amendment 115 #
Draft opinion 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 116 #
Draft opinion Paragraph 4 c (new) 4c. Appreciates the work of the EU Anti- Trafficking Coordinator, who is responsible for improving coordination and coherence among EU institutions, EU agencies, Member States and international actors and developing existing and new EU policies to address trafficking in human beings, however is of the view that in order to accelerate the EU response to the THB his/her mandate might be extended;
Amendment 117 #
Draft opinion 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 12 #
Draft opinion Recital A a (new) Aa. whereas under Directive 2011/36/EU the following intentional acts are punishable: the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas the own-initiative report on which this opinion is based is limited to an analysis of the implementation of Directive 2011/36/EU;
Amendment 13 #
Draft opinion Recital A b (new) Ab. whereas trafficking in human beings is transnational in nature; whereas a European approach, both in monitoring the phenomenon and in coordinating responses to it, is needed in order to effectively tackle this type of organised crime;
Amendment 14 #
Draft opinion Recital B B. whereas any effective anti-THB efforts
Amendment 15 #
Draft opinion Recital B a (new) Ba. whereas the deepening problems of violence against women and human trafficking are fuelled by the sexualisation of cultural, media and advertising space, with girls and women being reduced to the role of sex objects, and so-called sexual services and escort agencies becoming a normal part of our world and our language;
Amendment 16 #
Draft opinion Recital B a (new) Ba. whereas the clear link between prostitution and trafficking in human beings for sexual purposes calls for measures to put an end to the demand for prostitution;
Amendment 17 #
Draft opinion 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 18 #
Draft opinion Recital B b (new) Bb. whereas girls and young women, who encounter media content more often, are more likely to support sexual stereotypes depicting women as sex objects;
Amendment 19 #
Draft opinion Recital C a (new) Ca. whereas the European Parliament resolution P8_TA(2015)0470 of 17 December 2015 condemns the practice of surrogacy as it undermines the human dignity of the woman since her body and its reproductive functions are used as a commodity;
Amendment 2 #
Draft opinion Citation 2 (new) – having regard to the 1948 Universal Declaration of Human Rights,
Amendment 20 #
Draft opinion Recital D D. whereas identification of victims remains a challenge, and whereas
Amendment 21 #
Draft opinion Recital D a (new) Da. whereas the closing of borders makes people more vulnerable to traffickers and exploitation;
Amendment 22 #
Draft opinion Recital D a (new) Da. whereas the exploitation of others for sex shows should be considered trafficking in human beings;
Amendment 23 #
Draft opinion Recital D b (new) Db. whereas new technologies and the internet can facilitate the recruitment of victims and the advertising and selling of services connected with trafficking in human beings on a global scale;
Amendment 24 #
Draft opinion Recital E E. whereas special attention must be given to vulnerable groups
Amendment 25 #
Draft opinion Recital E E. whereas special attention must be given to vulnerable groups living in extreme poverty, such as Roma, children and refugees;
Amendment 26 #
Draft opinion Recital E E. whereas special attention must be given to vulnerable groups such as Roma, children, people with disabilities and refugees;
Amendment 27 #
Draft opinion Recital E E. whereas special attention must be given to vulnerable groups
Amendment 28 #
Draft opinion Recital E E. whereas special attention must be given to vulnerable groups such as Roma,
Amendment 29 #
Draft opinion Recital E E. whereas special attention must be given to vulnerable groups
Amendment 3 #
Draft opinion Citation 3 (new) – having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
Amendment 30 #
Draft opinion Recital E E. whereas special attention must be given to vulnerable groups such as Roma, children
Amendment 31 #
Draft opinion Recital E E. whereas
Amendment 32 #
Draft opinion Recital E a (new) Ea. whereas women and children may be compelled to exchange sex for protection, in order to survive, in order to advance along their migratory route, and for basic sustenance. Survival sex is frequently a direct consequence of gaps in assistance, failures of registration systems, family separations, and absence of safe and legal entry ways into the EU;
Amendment 33 #
Draft opinion Paragraph 1 1. Calls on the Member States and the Commission to ensure that the implementation of the directive is based on an integrated, holistic and human rights approach, with an emphasises on victim
Amendment 34 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that migrant smuggling and THB are different phenomena but that they often overlap and need to be tackled in a consistent manner; recalls the role of Frontex and other EU agencies in the early identification of victims at EU borders;
Amendment 35 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that a strong and coordinated approach to tackling the problem of human trafficking across the EU is essential in order to avoid forum shopping for criminal groups and individuals, who look to exploit the weaknesses in individual Member States' criminal systems;
Amendment 36 #
Draft opinion Paragraph 1 b (new) 1b. Calls for greater cooperation between EUROPOL, national authorities and third countries in order to prevent the flow of trafficked persons into the EU;
Amendment 37 #
Draft opinion Paragraph 1 c (new) 1c. Calls on Member States to cooperate in better developing guidelines to help identify victims of trafficking in human beings, which can aid consular services and border guards on the identification of victims of trafficking in human beings;
Amendment 38 #
Draft opinion Paragraph 1 d (new) 1d. Calls for Member States to work closely with EUROPOL and each other in order to investigate the financial aspects and the laundering of money in human trafficking cases; notes that the huge funds raised by human trafficking and exploitation fund other kinds of serious criminality and terrorism;
Amendment 39 #
Draft opinion Paragraph 1 a (new) 1a. Calls on Member States to give particular attention to vulnerable groups, which naturally include children; reiterates that Member States must consider poverty, gender, disability, pregnancy, state of health, migration status and the fact of belonging to an ethnic minority as factors when assessing the vulnerability of a victim;
Amendment 4 #
Draft opinion Citation 4 (new) – having regard to the UN Convention on the Rights of the Child of 20 November 1989,
Amendment 40 #
Draft opinion Paragraph 1 a (new) 1a. Considers that greater consideration should be paid to the situation of transgender victims, who often experience discrimination, stigmatisation and threats of violence because of their gender identity; is of the opinion that transgender persons should be considered as a vulnerable group, particularly prone to fall into the hands of traffickers seeking to exploit their despair; believes this vulnerability factor should be taken into account when Member States conduct individual risk assessment so as to ensure victims of trafficking receive appropriate protection and care; calls on the Member States to provide adequate training for officials, likely to come into contact with victims or potential victims of trafficking in human beings, on the specificities of transgender victims, so as to be able to identify them more proactively and adapt assistance services to meet their needs;
Amendment 41 #
Draft opinion Paragraph 1 a (new) 1a. Urges the Member States to ratify all relevant international instruments, agreements and legal obligations which will make the efforts to combat trafficking in human beings more effective, coordinated and coherent;
Amendment 42 #
Draft opinion 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) 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) 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 45 #
Draft opinion Paragraph 2 2. Calls on the Member States to establish as a criminal offence the use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers
Amendment 46 #
Draft opinion Paragraph 2 2. Calls on the Member States to
Amendment 47 #
Draft opinion Paragraph 2 2. Calls on the Member States to establish as a criminal offence the use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum
Amendment 48 #
Draft opinion Paragraph 2 2. Calls on the Member States to establish as a criminal offence the use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum,
Amendment 49 #
Draft opinion Paragraph 2 2. Calls on the Member States to establish as a criminal offence the use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum, sexual exploitation or prostitution, forced labour or services (including begging, slavery and exploitation of criminal activities; and should include commercial surrogacy) and the removal of organs;
Amendment 5 #
Draft opinion Citation 5 (new) – having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 50 #
Draft opinion Paragraph 2 2. Calls on the Member States to
Amendment 51 #
Draft opinion Paragraph 2 a (new) 1a. Calls for an increased priority and resourcing to be given by EUROPOL and national police forces to the prosecution of those facilitating human trafficking; with special attention being paid to raising awareness for both police forces and the general public, of new forms of human trafficking;
Amendment 52 #
Draft opinion Paragraph 2 a (new) 2a. Calls on Member States to cooperate in the exchange of best practice; and the exchange of information in the fight against human trafficking; through networks such as ECRIS, and through the work of EUROPOL and national authorities; calls in this regard for EUROPOL to be given the necessary resources in order to achieve this;
Amendment 53 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Member States to combat phenomena that lead to violence against women, including the widespread availability of pornographic materials that are full of violence and that objectify women;
Amendment 54 #
Draft opinion 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 55 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Member States and the European Commission to develop concrete measures to decrease the demand for women, girls, men, and boys in prostitution as a key strategy to prevent and decrease THB, in this context urges the Member States to fully implement Art. 18.4 and the European Commission to report back on the outcome;
Amendment 56 #
Draft opinion 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 57 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Member States to ensure that traffickers are prosecuted and punished with effective, proportionate and dissuasive penalties, including also by seizing and confiscating their assets and proceeds from the offences, as this could be an effective mean to change the THB from a "low risk-high profit" business to a "high risk-low profit" one;
Amendment 58 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that the cumulative effect of different types of discrimination on the grounds of sexual orientation or gender identity makes LGBTI people particularly vulnerable to trafficking in human beings; calls on the Member States to address the unique needs of LGBTI people; calls on the Commission to promote the exchange of best practices in this regard;
Amendment 59 #
Draft opinion Paragraph 2 b (new) 2b. Calls for Member States to establish hotlines which victims of human trafficking and exploitation can seek assistance and advice; notes that such hotlines have proven successful in other areas such as radicalisation and child abduction;
Amendment 6 #
Draft opinion 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 60 #
Draft opinion 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 61 #
Draft opinion Paragraph 2 b (new) 2b. Stresses that forced marriage can be seen as a form of trafficking in human beings if it contains an element of exploitation of the victim, and calls on all Member States to include this dimension; stresses that exploitation may be sexual (marital rape, forced prostitution and pornography) or economic (domestic work and forced begging), and that the ultimate aim of trafficking can be forced marriage (selling a victim as a spouse or entering a marriage under duress); stresses that it is difficult for the authorities to detect such trafficking as it takes place in the private sphere; calls on the Member States to provide appropriate refuge services for these victims; calls on the Commission to strengthen the exchange of best practices in this regard;
Amendment 62 #
Draft opinion Paragraph 2 c (new) 2c. Calls for Member States to put in place stronger penalties against employers and landlords who often facilitate human trafficking by further exploiting individuals; calls on Member States to take concrete steps to reduce the demand for and supply of services and goods by victims of trafficking in human beings; notes that alongside tough criminal penalties, there should also be a drive by Member States to raise awareness of human trafficking and modern slavery through information campaigns; asks that Member States and law enforcement authorities also strengthen their cooperation with labour, social, health and safety inspectors, as well as fisheries inspectors;
Amendment 63 #
Draft opinion 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 64 #
Draft opinion Paragraph 2 c (new) 2c. Is concerned at the growing phenomenon of sexual grooming; points out that the victims are often in a state of emotional dependence, which hinders investigative work as they are less easily identified as victims of trafficking in human beings and often refuse to testify against the person grooming them; calls on the Commission to strengthen the exchange of best practices in this regard; calls on the Member States to provide a specific refuge for these victims and to ensure that law enforcement and judicial services recognise their status as victims, in particular if they are minors, so as to avoid stigmatising them for ‘deviant behaviour’;
Amendment 65 #
Draft opinion Paragraph 2 d (new) 2d. Calls on the EU and Member States to strengthen regional cooperation on trafficking in human beings along known routes such as from the East to the EU by using the Instrument for Stability, and the on-going continuing responsibilities of candidate countries;
Amendment 66 #
Draft opinion Paragraph 2 d (new) 2d. Stresses that many victims of sexual exploitation are drugged for the purpose of keeping them in a state of physical and psychological dependence; calls, therefore, on the Member States to provide specialised support programmes for these victims and to recognise this as an aggravating circumstance in their criminal justice response to trafficking in human beings;
Amendment 67 #
Draft opinion Paragraph 2 e (new) 2e. Calls on Member States and the EU to collect and exchange reliable and detailed information regarding human trafficking;
Amendment 68 #
Draft opinion Paragraph 2 e (new) 2e. Recalls that Regulation 2015/2219/EU on the European Union Agency for Law Enforcement Training (CEPOL) provides for CEPOL to promote, in its training activities, common respect for, and understanding of, fundamental rights in law enforcement, such as the rights, support and protection of victims, including safeguarding the rights of victims of gender-based violence; stresses the importance of these provisions in the context of trafficking in human beings, given the vulnerability of the victims, and calls on CEPOL to take full account of this dimension in the development of all future training;
Amendment 69 #
Draft opinion Paragraph 2 f (new) 2f. Calls on Member States to combat human trafficking by clamping down on those individuals using the internet and social networks to both recruit and exploit individuals;
Amendment 7 #
Draft opinion Citation 7 (new) – having regard to Article 5 of the Charter of Fundamental Rights of the European Union,
Amendment 70 #
Draft opinion Paragraph 3 3.
Amendment 71 #
Draft opinion Paragraph 3 3. Calls on the
Amendment 72 #
Draft opinion Paragraph 3 3. Calls on the
Amendment 73 #
Draft opinion Paragraph 3 3. Considering the cross-border, including intra-EU nature of THB, calls on the Commission to come forward with proposals that create consistency in EU legislation, to ensure that victims of THB are entitled to proper support and assistance;
Amendment 74 #
Draft opinion Paragraph 3 3. Calls on the Commission to come forward with proposals that create consistency in EU legislation, to ensure that victims of THB are entitled to proper support and assistance that is not conditional on victims lodging complaints or cooperating in criminal investigations;
Amendment 75 #
Draft opinion Paragraph 3 3. Calls on the Commission to come forward with proposals that create consistency in EU legislation, to ensure that victims of THB are entitled to proper support and assistance including the right to reside in and access the labour market of the Member State where the victim has been trafficked;
Amendment 76 #
Draft opinion Paragraph 3 3.
Amendment 77 #
Draft opinion Paragraph 3 a (new) 3a. Calls on Member States to critically assess their registration of refugees and the appropriate services and care structures as this group, particularly unaccompanied minors, are very vulnerable to exploitation by criminal gangs and subsequent trafficking in human beings;
Amendment 78 #
Draft opinion Paragraph 3 a (new) 3a. Calls for a common definition of ‘guardian’ for child victims of trafficking to be established across the Member States, to include the role, required qualifications and competence for guardians;
Amendment 79 #
Draft opinion 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 8 #
Draft opinion Recital -A (new) -A. whereas prostitution and the accompanying evil of human trafficking for the purposes of prostitution are contrary to human dignity and value, and they threaten the good of individuals, families and society;
Amendment 80 #
Draft opinion 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 #
Draft opinion Paragraph 3 a (new) 3a. Calls on all Member States to effectively guarantee the rights of victims, in particular by providing access to legal aid, legal assistance and psychological and medical support, including the right to an abortion for victims of sexual exploitation; notes that Directive 2012/29/EU lays down minimum standards on the rights, support and protection of victims of crime and that the implementation of Directive 2011/36/EU should be analysed in the light of the provisions of Directive 2012/29/EU;
Amendment 82 #
Draft opinion Paragraph 3 b (new) 3b. Calls on Member States to give clear information to victims with regards to the appropriate authorities or organisations to contact for information on their rights to assistance and health care, their right to a residence permit and their labour rights, their rights regarding access to justice and to a lawyer, and any possible compensation;
Amendment 83 #
Draft opinion 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 84 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to assess the effectiveness of cooperation between the Member States and Europol in combating trafficking in human beings; stresses the importance of systematic exchange of data and of all Member States contributing to the European databases used for this purpose, including the Europol databases Focal Point Phoenix and Focal Point Twins; stresses the need for border guards and coast guards have access to Europol databases;
Amendment 85 #
Draft opinion Paragraph 3 c (new) 3c. Urges Member States to ensure that victims of human trafficking receive protection during criminal investigations and proceedings, such as quick access to legal advice, the necessary legal representation and possible access to witness protection programmes; special measures may also be put in place to protect victims from further victimisation and trauma during investigations and trials;
Amendment 86 #
Draft opinion 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 87 #
Draft opinion Paragraph 3 c (new) 3c. Calls on the Commission to investigate further, in the light of Directive 2011/36/EU, the role of the internet, social networks and new technologies in trafficking in human beings, in particular with regard to sexual exploitation on pornographic sites and sites offering online sex shows;
Amendment 88 #
Draft opinion Paragraph 3 d (new) 3d. Encourages the exchange of best practices between Members States with regards to prevention and combatting of all forms of human trafficking, including sexual exploitation;
Amendment 89 #
Draft opinion Paragraph 3 d (new) 3d. Calls on Europol and the Member States to strengthen their action against recruiters, whether via a proactive approach or on the basis of a victim’s testimony in accordance with Article 9 of Directive 2011/36/EU; stresses that recruiters use a variety of channels, including social networks and internet sites (online recruitment agencies); calls on the Commission to expand the mandate of Europol’s EU IRU (EU Internet Referral Unit) in the fight against trafficking in human beings;
Amendment 9 #
Draft opinion Recital A A. whereas over the three-year period 2010-2012, 69 % of registered victims of trafficking in human beings (THB) were trafficked for sexual exploitation, 19 % for forced labour, and 12 % for other forms of exploitation such as removal of organs or criminal activities; whereas women account for 67 % of registered victims of THB in this period, men for 17 %, girls for 13 % and boys for 3 %, also including transgender persons; whereas different forms of trafficking need to be addressed with specific and tailored policy measures;
Amendment 90 #
Draft opinion Paragraph 3 e (new) 3e. Calls on the Commission to develop a privileged partnership with the major internet companies and to keep Parliament duly informed;
Amendment 91 #
Draft opinion Paragraph 4 4. Calls for better implementation and monitoring of Article 8 of the directive, so as to ensure the non-prosecution and non- application of penalties to victims of THB
Amendment 92 #
Draft opinion Paragraph 4 4. Calls for better implementation and
Amendment 93 #
Draft opinion Paragraph 4 4. Calls for better implementation and monitoring of Article 8 of the directive, so as to ensure the non-prosecution and non- application of penalties to victims of THB, and emphasises that this includes the non- application of penalties for persons in forced prostitution and non-punishment for irregular entry or residence in countries of transit and destination;
Amendment 94 #
Draft opinion Paragraph 4 a (new) 4a. Takes the view that Article 11(5) should be expanded to introduce aid for future integration (language learning, familiarisation with the culture and community, etc.) where the victims’ circumstances allow them to opt for a residence permit;
Amendment 95 #
Draft opinion Paragraph 4 a (new) 4a. Insists on the need for member states to enhance their police and judicial cooperation, particular via Europol and Eurojust, including information sharing and combating recruitment of people for THB through internet;
Amendment 96 #
Draft opinion Paragraph 4 b (new) 4b. Urges the Commission and the Member States to ensure that law enforcement personnel, including border agencies such as Frontex, are provided with adequate training in THB, with emphasise on the gender dimension, special needs of trafficked women, children and other vulnerable groups and how to provide incentives for victims of THB and others to report traffickers;
Amendment 97 #
Draft opinion Paragraph 4 c (new) 4c Calls for Member States to implement Directive 2011/36/EC, as well as all other relevant legal frameworks on THB, without any delay; Urges the Commission to take legal actions against neglecting Member States;
Amendment 98 #
Draft opinion Paragraph 4 d (new) 4d. Stresses that NGOs and individuals working to protect and help victims of THB should not be held responsible of any crime;
Amendment 99 #
Draft opinion Paragraph 4 e (new) 4e. Calls for Member States to educate their citizens on THB and victim identification through information campaigns; Calls on the Member States and the EU to target funding to NGOs supporting victims of THB;
source: 578.516
2016/03/02
FEMM
241 amendments...
Amendment 1 #
Motion for a resolution Citation 2 – having regard to Articles 3, 5 and 23 of the Charter of Fundamental Rights of the European Union,
Amendment 10 #
Motion for a resolution Citation 9 b (new) – having regard to the Hague Adoption Convention;
Amendment 100 #
Motion for a resolution 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 101 #
Motion for a resolution Paragraph 5 b (new) 5b. Highlights the importance of having clear consistent information for victims and for frontline staff who may come into contact with victims, security forces, judicial authorities, police and social services, including information on rights with regard to emergency assistance, medical treatment and healthcare, residence permits, employment rights, access to the courts and to a lawyer, the possibilities for seeking redress, the specific rights of children, etc.;
Amendment 102 #
Motion for a resolution Paragraph 5 c (new) 5c. Emphasises that it is also important to pay greater attention to labour market intermediaries, contractors, subcontractors and employment agencies, especially in high-risk sectors, as a way of preventing people trafficking, particularly for the purpose of labour exploitation but also for the purpose of sexual exploitation concealed behind what purport to be contracts for services in the hotel and catering industry and personal care services;
Amendment 103 #
Motion for a resolution Paragraph 5 d (new) 5d. Emphasises that the EU’s legal and political framework on THB combines the internal and external dimensions, recognising that action to combat trafficking, which is a serious human rights violation, constitutes a clear objective of the EU’s external action; emphasises, likewise, that countries outside the EU are often the countries of origin and transit for trafficking within the EU and that trafficking, as an illegal cross-border activity, is an important area for cooperation with non-Community countries; welcomes, in this connection, the fact that, at the request of the Council, the Commission and the European External Action Service have put together a package of information on activities carried out to combat people trafficking in priority countries and regions, as well as a list of the tools and instruments available to the EU and Member States, including external policies that deal with trafficking and projects funded by the EU and Member States in this field; calls on Member States to cooperate with the Commission and EEAS in combating people trafficking;
Amendment 104 #
Motion for a resolution 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; stresses the need for an approach based on four key strategies: prevention, prosecution, victim protection and multi-level partnership;
Amendment 105 #
Motion for a resolution 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 106 #
Motion for a resolution Paragraph 6 a (new) 6a. Highlights that the majority (71%) of victims of THB identified within the EU are EU citizens1a ; stresses that this must be taken into account when developing identification systems in order to better identify all victims of THB; __________________ 1a Europol, Situation Report: Trafficking in human beings in the EU (February 2016)
Amendment 107 #
Motion for a resolution Paragraph 6 a (new) 6a. Recalls that women and children may be compelled to exchange sex for protection, in order to survive, in order to advance along their migratory route, and for basic sustenance; underlines that survival sex is frequently a direct consequence of gaps in assistance, failures of registration systems, family separations, and absence of safe and legal entry ways into the EU and that women and children engaging in survival sex are not considered trafficking victims, and thus cannot receive the required assistance;
Amendment 108 #
Motion for a resolution Paragraph 6 a (new) 6a. Stresses that, in order to prevent THB and people smuggling, it is important to create safe legal migration channels for women and children (such as humanitarian visas); points out that it is also important for destination countries to ensure that women migrants who have been granted legal residency in the destination countries have access to language teaching and other means of social integration, education and training in particular, with the aim of enabling them to exercise their rights as citizens;
Amendment 109 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on the Member States to make use of properly structured victim interview techniques to help achieve a precise reconstruction of events without at the same time placing psychological pressure on victims who are already frightened and confused;
Amendment 11 #
Motion for a resolution Citation 11 Amendment 110 #
Motion for a resolution Paragraph 6 b (new) 6b. Calls on the Member States to use properly trained female staff to interview victims in order to help them more effectively, both physically and psychologically, by putting them at ease in providing information;
Amendment 111 #
Motion for a resolution Paragraph 7 7. Stresses that
Amendment 112 #
Motion for a resolution Paragraph 7 7. Stresses that all counter-trafficking efforts must balance the focus on prosecution with a responsibility to protect victims; notes that support for victims plays an important role in prevention of THB, as victims who are well supported, are more able to recover from the trauma of their experience, assist in the prosecution of offenders and inform policy making, as well as avoid being re- trafficked;
Amendment 113 #
Motion for a resolution Paragraph 7 7. Stresses that support for victims plays an important role in prevention of THB, as victims who are well supported, are more able to recover from the trauma of their experience, assist in the prosecution of offenders, preparation of prevention programs and inform policy making, as well as avoid being re-trafficked;
Amendment 114 #
Motion for a resolution Paragraph 8 8.
Amendment 115 #
Motion for a resolution 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, particularly relating to THB for the purposes of sexual exploitation, both in terms of recruitment of victims and the advertisement of sexual services that are the result of THB;
Amendment 116 #
Motion for a resolution Paragraph 8 8. Notes the huge and increasing role of the internet
Amendment 117 #
Motion for a resolution 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 118 #
Motion for a resolution Paragraph 8 a (new) 8a. Highlight the need to strengthen transnational cooperation in order to reinforce the fight against THB; ask the Commission to promote and reinforce Europol and Eurojust activities due to the transnational nature of the problem
Amendment 119 #
Motion for a resolution Paragraph 8 a (new) 8a. Calls on Member States to monitor websites more effectively, so as to ensure the prompt identification of those that lend themselves to links with criminal gangs, without restricting or criminalising the web, but using its enormous potential to disseminate good practices and raise awareness of human trafficking issues;
Amendment 12 #
Motion for a resolution Citation 15 a (new) – having regard to Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells;
Amendment 120 #
Motion for a resolution Paragraph 9 9. Regrets that the identification of victims remains one of the most difficult aspects of implementation, but stresses that this does not diminish the responsibility of the Member States to protect these vulnerable people; highlights that by the coercive and deceptive nature of the crime, victims may be unable to recognise their own vulnerability; stresses that the actions that victims of trafficking in persons are compelled to perform are criminal acts in some Member States, which in some cases impairs trust between victims and the authorities, and that at a later stage this makes it more difficult to prosecute the true offenders;
Amendment 121 #
Motion for a resolution Paragraph 9 9. Regrets that the identification of victims remains one of the most difficult and incomplete aspects of implementation, but stresses that this does not diminish the responsibility of the Member States to protect these vulnerable people; highlights that by the coercive and deceptive nature of the crime, victims may be unable to recognise their own vulnerability;
Amendment 122 #
Motion for a resolution Paragraph 9 9. Regrets that the early identification of victims remains one of the most difficult aspects of implementation, but stresses that this does not diminish the responsibility of the Member States to protect these vulnerable people; highlights that by the coercive and deceptive nature of the crime, victims may be unable to recognise their own vulnerability;
Amendment 123 #
Motion for a resolution Paragraph 9 a (new) 9a. Notes with disappointment the low number of prosecutions and successful convictions of the criminal offence of human trafficking at a national level;
Amendment 124 #
Motion for a resolution Paragraph 9 a (new) 9a. Insists that EU Member States must apply legislation against THB effectively in order to improve the identification of victims, including the criminalisation of people trafficking and assistance and protection for victims of trafficking; highlights, further, the need to ensure that the application and interpretation of provisions on crimes relating to trafficking and immigration laws do not clash with legislation against THB; stresses, likewise, that, in order to improve the identification of victims and the identification of subtle means of trafficking, the criminal justice system (legislation and practice) should focus more on the dynamics of exploitation and the application of the law, and prosecutors and judges should be carefully trained in this area;
Amendment 125 #
Motion for a resolution Paragraph 10 10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for
Amendment 126 #
Motion for a resolution Paragraph 10 10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers and a greater gender balance amongst staff; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 127 #
Motion for a resolution Paragraph 10 10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers; highlights that using prisons and detention centres as registration sources shows a failure of the system; stresses the critical role of police forces and the need to monitor certain of their procedures, especially in the current situation where the victims are often asylum seekers fleeing war and routinely caught up in trafficking networks en route;
Amendment 128 #
Motion for a resolution Paragraph 10 10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers;
Amendment 129 #
Motion for a resolution Paragraph 10 10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers, as well as the need for sufficient human and financial recourses; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 13 #
Motion for a resolution Citation 16 a (new) – having regard to Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA,
Amendment 130 #
Motion for a resolution Paragraph 10 a (new) 10a. Points out that victims’ clients are also an important source of information; suggests, in this connection, that consideration be given to the possibility of allowing cases to be reported anonymously in order to encourage clients to report possible cases of THB that they encounter, particularly in the context of prostitution;
Amendment 131 #
Motion for a resolution Paragraph 11 11. Notes that victims experience exploitation differently, and that a method of identification using a ‘check list’ of indicators can hinder formal identification and thereby have an impact on victims’ access to services, help and protection;
Amendment 132 #
Motion for a resolution Paragraph 11 a (new) 11a. Stresses that, to encourage victims of trafficking to report these crimes to the authorities and thus facilitate the early identification of victims, the law must be amended to recognise victims of trafficking as rights-holders in the eyes of the law; takes the view that victims of trafficking should be entitled to assistance and protection even if their case is dismissed by the courts; stresses the need to give more power to social workers, medical staff and immigration services to determine what constitutes trafficking and who are provided assistance and protection by law;
Amendment 133 #
Motion for a resolution Paragraph 11 a (new) 11a. Stresses the cultural change regarding trafficking and the importance of communication in adopting an approach that is free of public censure;
Amendment 134 #
Motion for a resolution Paragraph 12 12. Notes with concern the evidence of victims of THB being subject to arrest and deportation rather than being allowed and aided to access their rights as victims, as they should be in accordance with Directive 2004/81/EC; deeply regrets that some Member States have not approved the required legal instruments to comply with the Article 8 referring to the principle of non-prosecution and non- application of penalties to the victim for those crimes committed as a direct consequence of being subject to trafficking, the absence of which may conclude with the victim's imprisonment or deportation;
Amendment 135 #
Motion for a resolution Paragraph 12 12. Notes with concern the evidence of some of the victims of THB being subject to arrest and deportation rather than being allowed and aided to access their rights as victims and necessary help, as they should be in accordance with Directive 2004/81/EC;
Amendment 136 #
Motion for a resolution 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
Amendment 137 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls on Justice and Home Affairs (JHA) agencies such as EUROJUST, EUROPOL, FRA, FRONTEX, CEPOL, EASO to develop a sustained programme of improving gender balance in decision- making relevant to trafficking. Figures on the gender composition of their management boards and staff should be released, followed by discussions with Member States on the benefits of equitable recruitment and promotion in law and border enforcement services. Programmes such as Europol's Female Factor should be rolled out across the most male-dominated JHA agencies on a periodic, rather than one-off basis;
Amendment 138 #
Motion for a resolution Paragraph 14 14. Calls on the Commission and the Member States to work together to create gender-sensitive training programmes for persons coming in contact with victims of THB in an official capacity, including police officers and other security forces, border officers, judges, magistrates, lawyers, and other judicial authorities, 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 139 #
Motion for a resolution Paragraph 14 14.
Amendment 14 #
Motion for a resolution Citation 22 a (new) – having regard to the Europol Situation Report: Trafficking in human beings in the EU (February 2016)
Amendment 140 #
Motion for a resolution Paragraph 14 14. Calls on the Commission and the Member States to work together to create 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
Amendment 141 #
Motion for a resolution Paragraph 14 14.
Amendment 142 #
Motion for a resolution Paragraph 14 a (new) 14a. Calls on the Commission to bolster resources for the JHA agencies to enable the appointment of gender-trained agency officers, especially in those Member States faced with increased mixed migratory flows. Relevant stipulations should be included in a revised version of the EU Agenda for Migration. The new 'Hotspot' approach outlined in the Agenda, should not be limited to quick processing and clearing of backlogs, but include a proportionate anti-trafficking component geared towards the effective referral of potential victims. Gender- trained agency officers, male and female, should be dispatched to support local police, to collaborate with and collect intelligence from staff at reception centres, local employers and migrants themselves. It is in the uncertain circumstances directly following arrival that many vulnerable persons, particularly women, may become exploited prostitutes or victims of trafficking;
Amendment 143 #
Motion for a resolution Paragraph 15 15. Calls for the wider development and dissemination of awareness raising publications aimed at improving the knowledge within professions, such as the ‘Handbook for consular and diplomatic staff on how to assist and protect victims of human trafficking’13 ; __________________ 13 https://ec.europa.eu/anti- trafficking/publications/handbook- consular-and-diplomatic-staff-how-assist- and-protect-victims-human-trafficking_en.
Amendment 144 #
Motion for a resolution Paragraph 16 16. Recognises the importance of developing long-term relationships between law enforcement, service providers, various stakeholders and victims in order to build trust and sensitively address the needs of the latter; stresses that support organisations require sufficient funding for projects, and expresses concern that many, especially women’s organisation, are struggling because of funding cuts;
Amendment 145 #
Motion for a resolution Paragraph 17 17. Stresses that funding from the Commission and the Member States should be targeted to the
Amendment 146 #
Motion for a resolution Paragraph 17 17. Stresses that funding from the Commission and the Member States should be targeted to the best provider of services, based on the needs of the victims including gender
Amendment 147 #
Motion for a resolution Paragraph 17 17. Stresses that funding from the Commission and the Member States should be targeted to
Amendment 148 #
Motion for a resolution Paragraph 18 18. Calls on the Member States actively to include social partners, trade unions and civil society, particularly NGOs working to combat trafficking and provide assistance to victims, 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 149 #
Motion for a resolution 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-
Amendment 15 #
Motion for a resolution Citation 25 a (new) – having regard to its resolution of 10 March 2005 on the trade in human egg cells;
Amendment 150 #
Motion for a resolution Paragraph 19 19. Notes that while sexual exploitation
Amendment 151 #
Motion for a resolution 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 Commission to examine
Amendment 152 #
Motion for a resolution 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 Commission to examine how the demand for sexual services drives child trafficking, and
Amendment 153 #
Motion for a resolution Paragraph 19 19. Notes with regret that while sexual exploitation of children is illegal in all Member States, this does not prevent trafficking of children for sexual exploitation; therefore calls on the Commission to examine how the demand for sexual services drives child trafficking, and
Amendment 154 #
Motion for a resolution 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
Amendment 155 #
Motion for a resolution Paragraph 19 a (new) 19a. Notes that data collection on child trafficking should be based on a common definition of this crime phenomenon. Some Member States consider child trafficking a separate form of exploitation and others include child victims with adults hindering the possibility of creating a comprehensive intelligence picture and of defining the best investigative responses at the EU level;
Amendment 156 #
Motion for a resolution Paragraph 20 20. Underlines the Commission’s obligation under Article 23 of the directive to come forward, by 2016, with a report assessing the impact of existing national laws on the criminalisation of the knowing use of services of a victim of THB, and the need for further action; stresses that the Commission should not rely solely on the reporting of a MS, but should also assess compliance through engagement with civil society and other relevant bodies, such as GRETA and the country reports produced by OSCE Special Representative on Human Trafficking and the UN Special Rapporteur on Trafficking and Contemporary Forms of Slavery;
Amendment 157 #
Motion for a resolution Paragraph 20 20. Underlines the Commission’s obligation under Article 23 of the directive to come forward, by 2016, with a report assessing the impact of existing national laws on the criminalisation
Amendment 158 #
Motion for a resolution Paragraph 21 21. Notes the lack of a common understanding among the Member States about what constitutes demand for exploitation, and calls on the Commission and the Member States to strengthen gender-sensitive guidelines on how to discourage demand while raising awareness about all forms of THB, especially sexual exploitation, and making other forms of exploitation like domestic servitude visible;
Amendment 159 #
Motion for a resolution Paragraph 21 21. Notes the lack of a common understanding among the Member States about what constitutes demand for exploitation, and calls on the Commission and the Member States to
Amendment 16 #
Motion for a resolution Citation 26 Amendment 160 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses that demand and the enormous income associated with trafficking in persons are the two main reasons for the existence of the phenomenon; notes furthermore Sweden's legislation on prostitution, which has had a normative impact on the prevalence of demand, which has been declining, thus reducing trafficking in persons for the purpose of providing sexual services;
Amendment 161 #
Motion for a resolution Paragraph 21 a (new) 21a. Notes that the increased vulnerability of certain groups of people puts them at particular risk of falling victim of trafficking; deplores, however, the fact that trafficking takes place as a result of the high demand for products and services dependent upon the exploitation of human beings, which is a very profitable form of organised crime;
Amendment 162 #
Motion for a resolution Paragraph 22 22. Calls on the EU and its Member States to adopt active policies that will develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member States;
Amendment 163 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to develop specific strategies for reducing demand for
Amendment 164 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, and campaigns to discourage demand for sexual services, while also noting that the regulation of prostitution is a competence of the Member States;
Amendment 165 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member States; calls on the Commission to further examine any links between demand for sexual services and THB;
Amendment 166 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution
Amendment 167 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to develop specific strategies for reducing demand for
Amendment 168 #
Motion for a resolution Paragraph 22 22. Calls on the Member States to develop specific strategies
Amendment 169 #
Motion for a resolution Paragraph 22 a (new) 22a. Emphasises the data which confirm the deterrent effect that criminalisation of the purchase of sexual services has had in Sweden; highlights the normative effect of this model of regulation and its potential to change social attitudes to reduce overall demand for the services of victims of THB;
Amendment 17 #
Motion for a resolution Citation 26 a (new) – having regard to its resolution of 16 December 2015 on Human Rights and Democracy in the world 2014 and the European Union policy on that matter;
Amendment 170 #
Motion for a resolution Paragraph 22 a (new) 22a. Calls on the Member States to adopt the ‘Nordic model' to combat sexual exploitation, particularly since studies have shown that, in countries such as Sweden and Norway where the purchase of sexual services is a criminal offence, prostitution and human trafficking are on the wane;
Amendment 171 #
Motion for a resolution Paragraph 23 23. Notes with concern that very few Member States have clearly defined demand reduction programmes, and that, generally speaking, these have been focussed on trafficking for sexual exploitation only; calls on the Member States to develop demand
Amendment 172 #
Motion for a resolution Paragraph 23 a (new) 23a. Notes that sham marriages can qualify as THB under certain circumstances if there is a forced or exploitative element, and women and girls are more likely to become victims; regrets the lack of harmonisation of EU legislation regarding sham marriage as there is often overlap with other forms of THB such as forced prostitution;
Amendment 173 #
Motion for a resolution Paragraph 23 a (new) 23a. Calls on the Member States to implement laws and policies that target procurers and buyers directly to reduce demand for sexual exploitation as part of their national action plans while decriminalising individuals in prostitution and providing them with support services, including high quality social, legal and psychological assistance for those who wish to exit prostitution;
Amendment 174 #
Motion for a resolution Paragraph 23 a (new) 23a. Expresses its concern by growing practice of reproductive exploitation of women; calls on the European Commission to include gestational surrogacy as a form of THB as it involves reproductive exploitation and use of human body for financial or other gains; calls upon the Member States to respect their international commitments and to take the necessary actions to stop any involvement of European countries, citizens or companies in surrogacy tourism;
Amendment 175 #
Motion for a resolution Paragraph 23 b (new) 23b. Stresses that proactive prevention strategies contribute to breaking the cycle of trafficking; calls on Member States to take more proactive preventative actions such as targeted workshops with vulnerable groups and education activities in schools;
Amendment 176 #
Motion for a resolution Paragraph 23 b (new) 23b. Recalls that the human body should not be a source of financial gain; calls on the Commission to condemn all sorts of THB with the purpose of the removal of organs and adopt a clear attitude toward illegal trade of organs, tissues and cells, including trade in reproductive cells and foetal tissues and cells;
Amendment 177 #
Motion for a resolution Paragraph 24 24. Stresses that efforts to improve gender equality contribute to the prevention of THB, and should contain strategies for education and empowerment programmes for women and girls in order to strengthen their position in society and make them less vulnerable to trafficking, and awareness-raising campaigns and training specifically designed for men on the importance of equality between men and women and combating sexist stereotypes and gender violence;
Amendment 178 #
Motion for a resolution Paragraph 24 24. Stresses that efforts to improve gender equality contribute to the prevention of THB, and should contain strategies for education and empowerment programmes for women and girls in order to strengthen their
Amendment 179 #
Motion for a resolution Paragraph 24 a (new) 24a. Stresses that greater equality depends on the involvement of all and that responsibility must not be assigned only to one group within society; notes the need for legislation which calls into question the market structures which are expressed in discrimination and oppression and, by extension, in violence; notes that in order to attain equality it is necessary for more men also to take responsibility, as equal treatment should be an objective of the whole of society;
Amendment 18 #
Motion for a resolution Citation 28 Amendment 180 #
Motion for a resolution Paragraph 24 a (new) 24a. Emphasises that to prevent trafficking, ensure the inviolability of the bodily integrity of women and combat gender violence, education promoting equality and combating sexist stereotypes is needed from an early age, to be supplemented with age-appropriate sexual education;
Amendment 181 #
Motion for a resolution 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
Amendment 182 #
Motion for a resolution 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 183 #
Motion for a resolution Paragraph 27 27. Is strongly critical of the fact that it is not already a criminal offence to
Amendment 184 #
Motion for a resolution Paragraph 27 27. Is strongly critical of the fact that it is not already a criminal offence to
Amendment 185 #
Motion for a resolution Paragraph 27 27. Is strongly critical of the fact that it is not already a criminal offence to knowingly use the services of trafficked persons across all Member States
Amendment 186 #
Motion for a resolution Paragraph 27 27. Is strongly critical of the fact that it is not already a criminal offence to knowingly use the services of trafficked persons across all Member States, but acknowledges the difficulty in proving knowledge in a judicial context, and considers that this would be an important step recognising the seriousness of this crime, ensuring a real framework for the prevention of THB and for stopping the culture of impunity; stresses the need to establish a legal basis transcending individual internal national boundaries and consisting of a coordinated set of rules codified under international criminal law;
Amendment 187 #
Motion for a resolution Paragraph 27 a (new) 27a. Notes that according to Europol´s THB situation report for 2016, 70% of the identified victims of THB in the EU are EU nationals, and that most reported victims are female EU nationals from Central and Eastern Europe;
Amendment 188 #
Motion for a resolution Paragraph 27 b (new) 27b. Expresses concern about the lack of data regarding Romani women and children at risk of being trafficked for forced labour or services, which include begging; calls on the Commission to provide data regarding Romani women and children recognised as trafficking victims, how many have received victim assistance and in which countries;
Amendment 189 #
Motion for a resolution Paragraph 28 28. Expresses concern that not all victims are able to access services easily or have knowledge of them; stresses that there must be no discrimination in access to services; underlines also the importance of reviewing the efforts to be made to eradicate all forms of slavery that still exist in the twenty-first century;
Amendment 19 #
Motion for a resolution Citation 28 a (new) Amendment 190 #
Motion for a resolution Paragraph 29 29. Notes that victims of THB require
Amendment 191 #
Motion for a resolution Paragraph 29 29. Notes that victims of THB require specialised services, including access to accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services, a
Amendment 192 #
Motion for a resolution Paragraph 29 29. Notes that victims of THB require specialised services, including access to safe short and long-term accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services,
Amendment 193 #
Motion for a resolution Paragraph 29 29. Notes that victims of THB require specialised services, including access to accommodation, witness protection schemes, education, healthcare and counselling, translation and interpretation services, and (re)integration and resettlement assistance, and that these services should be further individualised case by case, with specific consideration given to the issue of gender;
Amendment 194 #
Motion for a resolution Paragraph 30 30. Stresses that the gender dimension of THB shows an obligation for Member States to address it as a form of violence against women; asks the Commission to come forward with a European strategy for combating gender violence, containing a legislative proposal on violence against women that includes THB;
Amendment 195 #
Motion for a resolution Paragraph 30 30. Stresses that the gender dimension of THB shows an obligation for Member States to address it as a form of violence against women and girls; highlights that more attention must be paid to the exploitative dynamic and the long-term emotional and psychological harms that are associated with this; asks the Commission to come forward with a legislative proposal on violence against women and girls that includes THB;
Amendment 196 #
Motion for a resolution Paragraph 30 a (new) 30a. Considers that persons in prostitution should be decriminalised in all EU countries and that focus should be shifted on to suppressing procurers and buyers which fuel the trafficking industry;
Amendment 197 #
Motion for a resolution Paragraph 31 31. Highlights the good work done by a number of government services and civil society in identifying victims of human trafficking and providing assistance and support to victims, although this work is not carried out consistently across Member States or with respect to the different types of THB;
Amendment 198 #
Motion for a resolution Paragraph 31 a (new) 31a. Ensure adequate funding for independent NGOs and gender-specific refuges to adequately meet needs at all points of the victim pathway in destination countries and to work preventatively in relevant source, transit and destination countries.
Amendment 199 #
Motion for a resolution Paragraph 32 32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for victims of all gender expressions;
Amendment 2 #
Motion for a resolution Citation 5 – having regard to Article 6 of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which seeks to combat all forms of traffic in women and the exploitation of the prostitution of women,
Amendment 20 #
Motion for a resolution Recital A A. whereas trafficking in human beings (THB) is a terrible violation of fundamental rights, as outlined in Article 5(3) of the EU Charter on Fundamental Rights, and a violation of the victim's personal integrity and a serious, often organised crime that undermines the rule of law;
Amendment 200 #
Motion for a resolution Paragraph 32 32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising any needs that may be specific to the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for victims of all genders;
Amendment 201 #
Motion for a resolution Paragraph 32 32.
Amendment 202 #
Motion for a resolution Paragraph 32 32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for
Amendment 203 #
Motion for a resolution Paragraph 32 32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for all victims
Amendment 204 #
Motion for a resolution Paragraph 32 a (new) 32a. Recalls that specific actions to assist, support and protect trafficked children, including best interest assessments, should be integrated into general child protection systems as they exist at a national level.
Amendment 205 #
Motion for a resolution Paragraph 32 a (new) 32a. Calls on the support services for THB to be tailored to meet also the needs of LGBTI victims of trafficking;
Amendment 206 #
Motion for a resolution Paragraph 32 a (new) 32a. Underlines the importance for all Member States to recognize systematically the right to access to safe abortion services for female victims of THB whose pregnancy is a result of their exploitation,
Amendment 207 #
Motion for a resolution Paragraph 32 b (new) 32b. Calls on Member States to consistently apply the principle of equal treatment in order to combat the discrimination and prejudice against women who work, or are thought to work in the sex industry. Law enforcement officers and border guards should be trained to abandon prejudicial attitudes and to offer women access to support services on an equal basis regardless of the specific nature and circumstances of the work they perform.
Amendment 208 #
Motion for a resolution Paragraph 33 a (new) 33a. Calls on the Member States to ensure that EU and third country nationals victims of trafficking are entitled to residence permits;
Amendment 209 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to provide legal assistance to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress; asks the European Commission to develop and implement the mentioned possibility within the Directive 2011/36/EU to provide international protection to THB gender-based victims, to guarantee the asylum right of those victims who fulfil the requirements established by the Geneva Convention in 1951;
Amendment 21 #
Motion for a resolution Recital A A. whereas trafficking in human beings (THB) in all its forms is a terrible violation of fundamental rights, as outlined in Article 5(3) of the EU Charter on Fundamental Rights;
Amendment 210 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to provide legal assistance free of charge to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress;
Amendment 211 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to provide free legal assistance to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress;
Amendment 212 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to provide legal assistance to all of those who
Amendment 213 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to provide legal and psychological assistance to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress;
Amendment 214 #
Motion for a resolution Paragraph 34 34. Calls on the Member States to provide legal assistance to all of those who either self-identify on the basis of justified reasons, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress;
Amendment 215 #
Motion for a resolution Paragraph 35 35. Calls on the Member States to recognise the longer time needed to recover from the harms of trafficking for purposes of sexual exploitation, as compared with the time needed to recover from other forms of trafficking, when deciding on limits to victim support; calls for protection measures offered to victims trafficked for sexual exploitation to be extended, in order to minimise harms, prevent re-trafficking and secondary victimisation and in every case cater for individual needs;
Amendment 216 #
Motion for a resolution Paragraph 35 a (new) 35a. Calls on the European Commission to explore the possibility of adopting legislative measures in cooperation with the competent authorities having seen the lack of protection suffered by gender- based victims of trafficking once their residence permit concludes;
Amendment 217 #
Motion for a resolution Paragraph 35 a (new) 35a. Notes that there are a number of different reasons that women are trafficked; sexual exploitation; forced marriage; forced pregnancy and servitude. The impact of trafficking can vary from individual to individual and there is no one type of trafficking which should been seen as more damaging;
Amendment 218 #
Motion for a resolution Paragraph 36 a (new) 36a. Calls on the EU and member states to investigate the link between the increasing numbers of refugees arriving and THB, notes that specific attention should be paid to the trafficking of women and child refugees, including by improving data collection and ensuring compliance with existing protection standards.
Amendment 219 #
Motion for a resolution Paragraph 37 37. Underlines that all victims of THB
Amendment 22 #
Motion for a resolution Recital A a (new) Aa. whereas differences between the legislation of Member States greatly facilitate the activities of organised crime groups involved in trafficking in human beings;
Amendment 220 #
Motion for a resolution Paragraph 38 38. Calls on the Member States to
Amendment 221 #
Motion for a resolution Paragraph 38 38. Calls on the Member States to assess the possibility of extending the minimum 30-day recovery and reflection period for women and girls trafficked for the purposes of
Amendment 222 #
Motion for a resolution Paragraph 38 38.
Amendment 223 #
Motion for a resolution Paragraph 38 38.
Amendment 224 #
Motion for a resolution 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 follows a human rights-based approach, focusing on victims; includes a clear gender dimension and contains concrete actions in this regard; adequately and effectively addresses prevention, and continues to discourage the demand that fosters all forms of trafficking; 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, migration and law enforcement.
Amendment 225 #
Motion for a resolution 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,
Amendment 226 #
Motion for a resolution Paragraph 40 a (new) 40a. Calls on Member States to appoint, with a view to assessing their strategies and activities and improving efforts to combat trafficking, an independent national rapporteur with the legal right to appear before the national parliament and make recommendations on how best to combat THB;
Amendment 227 #
Motion for a resolution Paragraph 41 41. Asks that the Member States collect more detailed data by compiling reliable statistical information gathered from all main actors, by ensuring that the data is homogenous and 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 dimension and recent trends in THB, as well as by collecting data on recovery and reflection periods, residence permits and victim compensation; 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;
Amendment 228 #
Motion for a resolution Paragraph 41 41. Asks that the Member States collect more detailed and up to date 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 dimension and recent trends in THB, as well as by collecting data on recovery and reflection periods, residence permits and victim compensation; calls on the Members States to ensure that national rapporteurs
Amendment 229 #
Motion for a resolution Paragraph 41 41.
Amendment 23 #
Motion for a resolution Recital A a (new) Aa. whereas THB is defined in article 2 of Directive 2011/36/EU as the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour of services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs;
Amendment 230 #
Motion for a resolution Paragraph 42 42. Notes that despite the clear definition of THB given in the Directive, a number of different definitions have been adopted in Member States’ national legislation; calls on the Commission to conduct research on this and to report on what these differences in definition mean practically for the application of the directive; stresses the importance of conceptual clarity in order to avoid conflation with other related but separate issues;
Amendment 231 #
Motion for a resolution Paragraph 42 42. Notes that despite the clear definition of THB given in the Directive, a number of different definitions have been adopted in Member States’ national legislation; Even though it recognizes the competence of the Member States on the regulation of prostitution, it calls on the Commission to conduct research on this and to report on what these differences in definition mean practically for the application of the directive;
Amendment 232 #
Motion for a resolution Paragraph 42 a (new) 42a. Notes that stakeholders generally confirm that the vast majority of victims of THB go undetected; recognises that the trafficking of certain vulnerable groups such as (homeless) youth, children, disabled and LGBTI people, has been somewhat overlooked; stresses the importance of improved data collection to enhance victim identification efforts with regard to these groups and developing best practice in dealing with the specific needs of these victims:
Amendment 233 #
Motion for a resolution Paragraph 42 a (new) 42a. Stresses that, to improve efforts to combat THB in the European Union, the EU institutions must carefully assess the implementation of EU legislation in the Member States, and take further legislative and other measures, if necessary;
Amendment 234 #
Motion for a resolution Paragraph 43 43. Calls on the Commission to develop standardised guidelines including data protection for data collection for the relevant bodies, such as law enforcement, border and immigration services, social services, local authorities, prisons, NGOs and other contributors;
Amendment 235 #
Motion for a resolution Paragraph 43 a (new) 43a. Calls on the Commission to ensure that anti-trafficking is given greater priority in the European Agenda on Migration (COM (2015) 240, final), so as to facilitate the engagement of victims in the prosecution of traffickers, by reform to rules on residency of victims of trafficking;
Amendment 236 #
Motion for a resolution Paragraph 43 a (new) 43a. Calls on the various EU agencies such as Eurojust, Europol, CEPOL, EASO, EIGE, FRA and Frontex to cooperate more effectively in combating human trafficking both inside and outside the Union;
Amendment 237 #
Motion for a resolution Paragraph 43 b (new) 43b. Calls on the Commission to address the abuse of self-employment in the employment of migrant labour in some EU member states, to avoid local labour standards and employment obligations, recognizing that bogus self-employment is often used in migrant labour domains most prone to trafficking;
Amendment 238 #
Motion for a resolution Paragraph 44 44. Asks that the Commission produce a study on the links between different types of trafficking and the routes between them and promote continued research into the main causes of different types of trafficking in human beings and their impact on gender equality;
Amendment 239 #
Motion for a resolution Paragraph 44 44. Asks that the Commission produce a study on the links between different types of trafficking and the routes between them, as victims are often exploited in different ways simultaneously or move from one type of trafficking to another;
Amendment 24 #
Motion for a resolution Recital A a (new) Aa. whereas trafficking in human beings is a serious form of organised crime driven by high demand for the forced services provided by its victims, which produce extremely high profits; whereas it affects women and men, girls and boys from the EU and from non-Community countries, in whom it causes severe damage that often affects them for the rest of their lives;
Amendment 240 #
Motion for a resolution Paragraph 44 44. Asks that the Commission
Amendment 241 #
Motion for a resolution Paragraph 44 a (new) 44a. Urges the European Commission, taking into account that the Istanbul Convention is an effective tool to prevent and combat violence against women, including trafficking, and to protect and assist the victims, to promote the Member States adhesion to the Convention;
Amendment 25 #
Motion for a resolution Recital A a (new) Aa. whereas it is acknowledged that human trafficking is 'the slavery of our times' and a major source of funding for organised crime (around EUR 6 billion in 2015 alone, according to Europol estimates) and Islamic State terrorist groups, yielding high profits for low risks;
Amendment 26 #
Motion for a resolution Recital A b (new) Ab. whereas in 2014, 69% of suspects registered at Europol were EU nationals from Bulgaria, Hungary, Romania and Slovakia. Chinese and Nigerian groups are also considerably active in Europe;
Amendment 27 #
Motion for a resolution Recital A c (new) Ac. whereas Austria, Belgium, France, Germany, Greece, Italy, the Netherlands, Spain, Switzerland, and the United Kingdom are the most targeted countries by human traffickers, due to high demand for cheap sexual and labour services in these countries;
Amendment 28 #
Motion for a resolution Recital B B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing,
Amendment 29 #
Motion for a resolution Recital B B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing, prostitution, domestic work, manufacturing, care, cleaning, other types of forced labour (particularly in the service industries), forced begging, forced marriage, illegal adoptions, gestational surrogacy and the trade in human organs, cells and tissues, including trade in reproductive cells as well as foetal cells and tissues;
Amendment 3 #
Motion for a resolution Citation 6 a (new) – having regard the Joint UN Commentary on the EU Directive – A Human Rights-Based Approach which demands the need to provide international protection to victims of human trafficking on a gender-based,
Amendment 30 #
Motion for a resolution Recital B B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing, prostitution, domestic work, manufacturing, care, cleaning, other types of forced labour
Amendment 31 #
Motion for a resolution Recital B B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing, prostitution, domestic work, manufacturing, care, cleaning, other types of forced labour (particularly in the service industries), forced begging, forced marriage, illegal adoptions and the trade in human organs; including human embryos for surrogacy in all of its forms;
Amendment 32 #
Motion for a resolution 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
Amendment 33 #
Motion for a resolution Recital B a (new) Ba. whereas trafficking in human beings harms human dignity and physical and psychological integrity. It first and foremost affects the victims of trafficking, but it also has a vast impact on society overall;
Amendment 34 #
Motion for a resolution Recital B a (new) Ba. whereas the current refugee crisis has shown the lack of proper tools at a European level to combat jointly the THB, specially with the aim of sexual exploitation of women and children;
Amendment 35 #
Motion for a resolution Recital B a (new) Ba. whereas a "one size fits all" strategy is not efficient and whereas the different forms of trafficking, such as trafficking for sexual exploitation, trafficking for labour exploitation and child trafficking, need to be addressed with specific and tailored policy measures;
Amendment 36 #
Motion for a resolution Recital B a (new) Ba. whereas the European Parliament resolution P8_TA(2015)0470 of 17 December 2015 condemns the practice of surrogacy as it undermines the human dignity of the woman since her body and its reproductive functions are used as a commodity;
Amendment 37 #
Motion for a resolution Recital B a (new) Ba. whereas trafficking in human beings is a complex transnational phenomenon that can be tackled effectively only if the EU institutions and Member States work together in a coordinated manner, with the focus being placed on identifying and protecting potential and actual victims in order to combat and successfully eradicate this serious human rights violation;
Amendment 38 #
Motion for a resolution Recital B a (new) Ba. whereas, from a regulatory point of view, human trafficking is a relatively recent criminal activity, arising from new developments relating to a globalised world that increases the scope for cross- border exploitation;
Amendment 39 #
Motion for a resolution Recital B a (new) Ba. whereas the main purpose of human trafficking is sexual exploitation, accounting for 53 % of victims, of which 97 % are women; whereas it may assume different forms, either visible (street prostitution) or invisible(in brothels, private homes or nightclubs);
Amendment 4 #
Motion for a resolution Citation 6 a (new) – having regard to the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,
Amendment 40 #
Motion for a resolution Recital B b (new) Bb. whereas current trends in sexual and labour exploitation are expected to increase;
Amendment 41 #
Motion for a resolution Recital B b (new) Bb. whereas, according to Eurostat data, human trafficking takes place largely within EU borders, 65 % of the victims being European citizens; whereas such activities are focused on a number of hotspots, including migrant registration centres in Germany, France and Belgium;
Amendment 42 #
Motion for a resolution Recital C C. whereas Directive 2011/36/EU (the directive) should be commended partly for its
Amendment 43 #
Motion for a resolution Recital C C. whereas Directive 2011/36/EU (the directive) should be commended for its human rights
Amendment 44 #
Motion for a resolution Recital C a (new) Ca. whereas all support services for victims of trafficking must be made truly non-conditional, and ensure that there is no further victimisation;
Amendment 45 #
Motion for a resolution Recital D D. whereas THB
Amendment 46 #
Motion for a resolution Recital D D. whereas THB can be the result of global economic and social inequalities and further exacerbated by societal inequality between women and men, and is driven by demand and profit;
Amendment 47 #
Motion for a resolution Recital D D. whereas THB can be the result of global economic and social inequalities and further exacerbated by
Amendment 48 #
Motion for a resolution Recital D D. whereas THB
Amendment 49 #
Motion for a resolution Recital D a (new) Da. whereas 70% of the identified victims and suspects in the EU are EU nationals;
Amendment 5 #
Motion for a resolution Citation 6 a (new) – having regard to the 2000 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and in particular the internationally agreed definition of THB here within;
Amendment 50 #
Motion for a resolution Recital E E. whereas gender itself does not inherently create vulnerability, and there are many contributing factors to create a situation of vulnerability, including poverty, social exclusion, sexism and
Amendment 51 #
Motion for a resolution Recital E E. whereas
Amendment 52 #
Motion for a resolution Recital E E. whereas
Amendment 53 #
Motion for a resolution Recital E E. whereas gender itself does not inherently create vulnerability, yet recent figures prove that most of the victims of all forms of THB are women, and there are many contributing factors to create a situation of vulnerability, including poverty, social exclusion and discrimination;
Amendment 54 #
Motion for a resolution Recital E E. whereas gender itself does not inherently create vulnerability, and there are many contributing factors to create a situation of vulnerability, including poverty, lack of education, social exclusion and discrimination;
Amendment 55 #
Motion for a resolution Recital E a (new) Ea. Calls on Member States to cooperate in better developing guidelines for border guards and consular services to help identify victims of human trafficking;
Amendment 56 #
Motion for a resolution Recital F a (new) Fa. whereas societal tolerance of gender inequality and violence against women and girls and the lack of public awareness of the issues surrounding THB perpetuate a permissive environment for THB;
Amendment 57 #
Motion for a resolution Recital F a (new) Fa. whereas trafficking in women and girls, men and boys, for sexual exploitation has decreased in countries that have criminalised the demand, including both pimping and the buying of sexual services;
Amendment 58 #
Motion for a resolution Recital F a (new) Fa. whereas women are exposed to special kinds of reproductive exploitation such as trafficking of their reproductive cells, forced marriage, coerced adoption, prostitution, surrogacy and female genital mutilation;
Amendment 59 #
Motion for a resolution Recital F a (new) Fa. whereas particular attention should be given to asylum seekers, refugees, and undocumented migrants, especially women, children and minorities.
Amendment 6 #
Motion for a resolution Citation 7 Amendment 60 #
Motion for a resolution Recital F a (new) Fa. whereas particular attention should be given to children, unaccompanied minors and migrant women as they face multiple risks;
Amendment 61 #
Motion for a resolution Recital G G. whereas minority groups, such as Roma people, make up a disproportionate number of victims of THB as a result of being socially and economically marginalised;
Amendment 62 #
Motion for a resolution Recital G G. whereas minority and immigrant groups make up a disproportionate number of victims of THB as a result of being socially and economically marginalised;
Amendment 63 #
Motion for a resolution Recital G G. whereas
Amendment 64 #
Motion for a resolution Recital G a (new) Ga. whereas the majority of victims of labour exploitation are male EU nationals from Bulgaria, the Czech Republic, Estonia, Poland, Romania, and Slovakia;
Amendment 65 #
Motion for a resolution Recital G a (new) Ga. whereas gender expectations and discrimination are harmful to everyone, with men less likely to admit that they have been the victims of exploitation;
Amendment 66 #
Motion for a resolution Recital G a (new) Amendment 67 #
Motion for a resolution Recital H H. whereas economic and social empowerment of women and
Amendment 68 #
Motion for a resolution Recital H a (new) Ha. whereas Europol studies have shown that that criminal gangs are able to make use of new digital technologies to attract victims by means of false online vacancy advertisements;
Amendment 69 #
Motion for a resolution Recital I I. whereas children make up approximately 16 %10 of registered victims of THB
Amendment 7 #
Motion for a resolution Citation 8 – having regard to the 1989 UN Convention on the Rights of the Child
Amendment 70 #
Motion for a resolution Recital I a (new) Ia. whereas especially in case of underage victims, the risk of re-victimisation and re- trafficking is high;
Amendment 71 #
Motion for a resolution Recital I a (new) Ia. whereas 70% of victims of trafficking and 70% of suspects traffickers in the EU are EU-nationals, according to the 2016 Report of Europol on trafficking in human beings in the EU;
Amendment 72 #
Motion for a resolution 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 73 #
Motion for a resolution Recital J a (new) Ja. whereas most reported victims for sexual exploitation are female EU nationals from Central and Eastern Europe;
Amendment 74 #
Motion for a resolution Recital J a (new) Ja. whereas sexual exploitation, like any other activity, is fuelled by demand and if no-one were willing to pay for sexual services, prostitution and human trafficking could no longer exist;
Amendment 75 #
Motion for a resolution Recital J b (new) Jb. whereas Austria is a transit country for sexual exploitation victims coming from Central and Eastern Europe, and Italy, Spain and the United Kingdom are transit countries for non-EU victims;
Amendment 76 #
Motion for a resolution Recital K K. whereas there is a clear distinction between THB and human smuggling, but undocumented migrants in real need are particularly vulnerable to exploitation and further victimisation;
Amendment 77 #
Motion for a resolution Recital K K. whereas there is a clear distinction between THB and human smuggling, but undocumented migrants, asylum seekers, and refugees are particularly vulnerable to exploitation and further victimi
Amendment 78 #
Motion for a resolution Recital K K. whereas there is a clear distinction between THB and human smuggling, but
Amendment 79 #
Motion for a resolution Recital K a (new) Ka. whereas the current migration crisis occurring in North Africa and the Middle East will have a major impact on trafficking in human beings;
Amendment 8 #
Motion for a resolution Citation 8 – having regard to the 1989 UN Convention on the Rights of the Child
Amendment 80 #
Motion for a resolution Recital K a (new) Ka. whereas THB is often perceived as being carried out by only organised criminal groups, but in fact can also be carried out by the victim's family members, friends, relatives, romantic partners, and ordinary employers;
Amendment 81 #
Motion for a resolution 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 82 #
Motion for a resolution Recital K b (new) Kb. whereas the global development of online infrastructures has made the Internet a crucial tool for human traffickers, and it is likely to become more significant in the future;
Amendment 83 #
Motion for a resolution Recital K b (new) Kb. whereas the majority (70%) of suspected, prosecuted and convicted traffickers are male, although female perpetrators form a sizeable minority (29%) and can play a significant role in the process of THB1a , especially in the case of child trafficking; __________________ 1a 2015 Eurostat report
Amendment 84 #
Motion for a resolution Recital K b (new) Kb. whereas in order to be effective any legislation to combat trafficking must be accompanied by a clear cultural shift from a culture of impunity to a culture of zero tolerance against trafficking;
Amendment 85 #
Motion for a resolution Recital K c (new) Kc. whereas victims often lack information about their rights and how to effectively exercise them;
Amendment 86 #
Motion for a resolution Recital K c (new) Kc. whereas THB as a concept is distinct from slavery and broader discussions of exploitation; whereas not all types of exploitation would qualify as THB;
Amendment 87 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses that a strong and coordinated approach to tackling the problem of human trafficking across the EU is essential in order to avoid ''forum shopping'' for criminal groups and individuals who look may look to exploit the weaknesses in individual Member States' criminal systems;
Amendment 88 #
Motion for a resolution 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 89 #
Motion for a resolution Paragraph 2 2.
Amendment 90 #
Motion for a resolution 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 91 #
Motion for a resolution Paragraph 3 a (new) 3a. Recalls the Commission´s obligation under article 23 paragraph 1 of Directive 2011/36/EU to submit in April 2015 a report to the EP and Council with an assessment of the extent to which MS have taken necessary measures to comply with the Directive; this reporting task has not been completed on schedule and signals the Commission´s failure in achieving a harmonised playing field;
Amendment 92 #
Motion for a resolution Paragraph 4 4.
Amendment 93 #
Motion for a resolution Paragraph 5 5.
Amendment 94 #
Motion for a resolution Paragraph 5 5.
Amendment 95 #
Motion for a resolution Paragraph 5 a (new) 5a. Regrets that Europol's capabilities are not fully utilised among Member State law enforcement authorities, in order to increase information sharing with Europol so that links can be made between investigations in different Member States and a broader intelligence picture on the most threatening organised crime networks active in the EU can be drawn;
Amendment 96 #
Motion for a resolution Paragraph 5 a (new) 5a. Regrets the complete lack of country specific information from the Commission´s coordination of national Rapporteurs and mechanisms, which hinders the EP work and delays progress at European level;
Amendment 97 #
Motion for a resolution Paragraph 5 a (new) 5a. Considers that asylum seekers, refugees and undocumented migrants are particularly vulnerable to trafficking, especially women, children and minorities; 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 98 #
Motion for a resolution 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 99 #
Motion for a resolution Paragraph 5 a (new) 5a. Welcomes the Commission’s creation of a webpage against trafficking that contains a database of EU-funded projects in the EU and elsewhere, up-to- date information on EU legal and political instruments, measures to combat people trafficking in the Member States, funding possibilities and EU initiatives;
source: 578.660
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History
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