Summary of the Roundtable Child Trafficking in Europe - How to Improve Prevention. Drawing Lessons from Field Practice for an Improved European Policy Brussels, October 18th, 2006 More than 40 participants took part in this Roundtable organised by Terre des Hommes and UNICEF: representatives from national governments (Albania, Romania, Moldova and the UN Administered Province of Kosovo), representatives from the European institutions (European Commission and European Parliament), International Organisations, as well as NGOs experts. Mr Salvatore Parata (EU Officer of the IFTDH Brussels Office), the moderator of the Roundtable, introduced the transnational phenomenon of child trafficking: even though many actors have been involved in fighting trafficking since the 1990's, children continue to be trafficked across Europe. For this reason Terre des Hommes took a closer look at the question of strategies to prevent child trafficking in Europe, together with UNICEF. Mr Mike Dottridge (independent expert) presented the outcome of the report “Action to Prevent Child Trafficking in South Eastern Europe - A Preliminary Assessment” (2006). He analysed the causes of child trafficking in four European countries, assessed the impact of measures implemented and indicated more strategic measures that could certainly help prevent children from being trafficked. He drew several conclusions: • too much emphasis is currently focused on child prostitution while other forms of child exploitation linked with trafficking are effectively ignored; • insufficient attention is paid to focusing on children who can be identified as vulnerable to being trafficked, such as children who are abused at home; • there is inadequate protection of child trafficking victims in the EU Member States; • finally, little has been done to address the demand for trafficked children. Mr. Dottridge also provided six main recommendations: 1. money would be better spent on building child protection infrastructure, rather than narrowly focusing on child trafficking in both South Eastern Europe and EU; 2. appropriate prevention strategies could then be built on the existing child protection structures; 3. existing data on children already trafficked should be studied much more carefully to understand the implications of the phenomenon and build on what is known; 4. as different dimensions of prevention strategies, social workers should develop techniques for street work to establish contact with children in the street; 5. other networks of professionals routinely in contact with children at the community level (doctors, teachers, police) should be developed; 6. finally, life skills should be taught in every European school. Mr. Dottridge added that countries need to work together to address trafficking, rather than focusing on the perceived damage the issue might do to the country’s image. A lack of coordination among relevant players is a main reason trafficking is occurring. He also emphasised that the role of the media has not always been constructive, since on occasion, both in the EU and SEE, the media has paid little attention to the content of reports on trafficking and instead have drawn their own, sometimes unfounded conclusions about trafficking. The Report can be downloaded at www.childtrafficking.com Following Mr Dottridge's presentation, the floor was given to the representatives of the governments, in order to hear their reactions on the report. All of them stated that the report was clear, objective and based on consolidated information. It was also considered a useful basis to shape more strategic policy and programmes. Mrs Carmen Sahan (Coordinator for Child Trafficking, Migration and Sexual Exploitation, National Authority for Child Rights Protection), representing Romania, mentioned that a National Interministerial Working Group on anti-trafficking is present in Romania; and all the major Romanian Ministries are part of it. Within the National Authority she is working for, there is also a structure in charge of coordination. The legal framework is also in place but there remain difficulties in implementation. Regarding prevention: 15 new coordination centres focused on prevention are going to be established in Romania at the local level. Mrs Sahan pointed out two specific issues as directly linked with trafficking: the vulnerability of the Roma population and the migration of unaccompanied Romanian children abroad. She also referred to cases of internal trafficking in Romania. Romanian data for 2005 refer to approximately 600 suspected cases of internal trafficking, among which only 175 were confirmed. For the first semester in 2006, data refer to 400 suspected cases, 17 of which have been confirmed. Mrs Iva Zajmi (Deputy Minister, Ministry of Interior), on the behalf of the Albanian Government, expressed her country's commitment to child trafficking. In Albania the legislative framework is in place, there are specialised structures in courts and the police and the referral system is functioning. The referral system is established at the national level but has also been extended to the local level where the services are more needed. She noted that while the systems are mostly more in place, there needed to be more emphasis on helping the victims and more emphasis on full implementation. She mentioned that there are some cases where the police had found it difficult to consider children as victims of serious crime and thus intervention has not always been quick. She added that strong cooperation exists between different Ministries (Culture and Education, and a national schooling programme is foreseen in a short period of time). She also referred to an initiative of her office to amend the Criminal Code by criminalizing exploitation of children for begging and forced labour, measure which she hopes will be followed by assistance measures for the exploited children. She disagreed with the often easily made connection between trafficking and Roma but recognized that Roma are still vulnerable to social exclusion in particular because they are not often registered. As an example of good practice, Mrs Zajmi noted that Albania and Greece have signed a bilateral agreement on the protection of trafficked Albanian children that identifies and returns the trafficked children. Mrs Zajmi wishes to extend this kind of agreements to other European countries, such as Italy. She noted that she invited the EU Delegation and Member States in Tirana to discussions on trafficking but only the USA attends the meetings, with trafficking specialists. For Mr Habit Hajredini (Head of the Office of Good Governance, Office of Prime Minister), from Kosovo, the best way to guarantee children's right is a strong cooperation between families and local authorities. Currently in Kosovo, the new High Committee for Children's Rights (chaired by the Prime Minister) - whose mandate is to create policies, regulations, strategies- has started a process of elaboration of a national child rights policy and strategy. The Government is working with NGOs and international organisations to establish a common strategy on children's rights. The new strategy will contain a specific Acton Plans on child trafficking and discrimination. Finally, Mrs Ecaterina Berejan (Principle Specialist, Department of Equal Opportunities and Family Policies, Ministry of Health and Social Protection) from Moldova, a young country affected by illegal migration. In 15 years, almost a million people left the country and children have been abandoned, putting them at risk of being internally and externally trafficked. Child trafficking is both a national and international issue for the country - in fact a high number of children are trafficked within Moldova’s borders. According to Mrs Berejan, the number of Roma residing in Moldova is small. Moldova has adopted a new Action Plan on Trafficking and a new law. Furthermore in less than two months a new Ministry should start its work: the Ministry of Child, Family and Social Development with a staff of social assistants. There is also a national committee comprised of all ministries dealing with social protection, as well as donors, that is looking at the social protection of children. Moldova has a new action plan on deinstitutionalisation of children. Moldova has already implemented some strategic policies, but resources are lacking in order to develop more programmes. Discussions among participants then focused on the Roma populations, the problems they faced and steps undertaken to address these problems. Reference was made to the fact that a considerable part of the Roma population are not registered in the countries where they stay; identifying them as well as having correct data is difficult, making it difficult to provide appropriate assistance. In response to the discussion, Mike Dottridge and Judita Reichenberg (UNICEF) then pointed out that there were three “clusters” of recommendations from the Report to respond to some of the issues raised: 1. Prevention strategies can be improved through better data and knowledge (highlighting the need to analyse the multiple causes of supply and demand; better use of lessons of experience and involving children who have been trafficked to gain better insights). 2. Existing laws and policies can be improved by drawing on already existing good practice (for example the UNICEF Reference Guide on Protecting the Rights of Child Victims of Trafficking in Europe, the Separated Children in Europe programme, agreements between countries of origin and destination). 3. Improvements can be made by using existing EU policies and instruments (for example by upgrading child protection systems as part of the Enlargement process, by requiring life skills education for all European children). Representatives from the European Commission and the European Parliament then presented the point of view of the European institutions in the field of child trafficking. Mrs Ingrid Bellander-Todino from DG Justice, Liberty and Security (DG JLS) of the European Commission, Coordinator of the Daphne Programme, asserted the EC has given more visibility to child rights in its agenda: children’s rights are identified as one of the priorities in the Commission’s Strategic Objectives 2005-2009, since 2005 there have been several consultations with NGOs which resulted in the adoption in July 2006 of the Communication “Towards an EU Strategy on the Rights of the Child”. She briefly described its content, outlining the efforts of almost 10 Directorate Generals in elaborating it. She underlined the already existing programmes (Criminal Justice, Fundamental Rights and Daphne), which will also cover children’s rights issues in the future. She recalled the funds of the Daphne programme (almost €10 million /year increasing to €60 million/year), as well as the role played by AGIS programme. She mentioned that the Commission was negotiating with the Governments of the Western Balkans and neighbours countries to enable NGOs registered in these countries to apply and benefit from EU funding. She also pointed to the EC framework decision of 2006 on child trafficking and the Copenhagen criteria in the DG Enlargement process. According to Mrs Bellander-Todino, the EC in its activities has already taken into consideration the recommendations of the report “Action to Prevent Child Trafficking in South Eastern Europe - A Preliminary Assessment”. Mrs Katarjna Tuominen from DG Enlargement, Romania Team mentioned that the EC is now helping candidate countries in the fight against trafficking and in improving child protection mechanisms under the Copenhagen criteria and work on the JLS chapter. The EC provided €160 million to Romania for child protection, to shut institutions and improve foster care. Mrs Katarjna Tuominen also added that corruption is a major problem (also linked to trafficking) and the two new accessing countries, Romania and Bulgaria still need in addressing these issues as they will be monitored on progresses by the EU (DG JLS) during their first EU membership year. The EC representative gave a brief overview of the situation, mainly based on statistics and information already available and known. Mrs Edit Bauer, Member of the European Parliament, and member of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), is the author of a provisional report on “Fighting Trafficking in Human Beings - An Integrated Approach and Proposal For an Action Plan” (which will be discussed on November 14 and 15, 2006 in Plenary Session of the European Parliament). She gave the opportunity to the participants of the Roundtable to comment to the report within a week. One of the conclusions of her report was the need for more prevention and the better implementation of the legal framework, noting that numerous Member States had not even ratified core conventions on trafficking. She noted strong pressure from parts of the Parliament to focus her report solely on forced prostitution, without taking a wider look at demand for other services from trafficked children. She noted in particular that the level of tolerance for illegal labour in the EU was very high. Mrs Edit Bauer appreciated the Terre des Hommes/UNICEF report and recommendations, which she will use in her report. She mentioned the lack of implementation of actions to tackle trafficking: “We know so much and we do so little” she said. Mrs Judita Reichenberg from UNICEF elaborated five principles which she addressed during the Roundtable. UNICEF is convinced that these five basic principles are essential for effective prevention of child trafficking. 1. Trafficking in children can not be eliminated nor substantially reduced if prevention is not the centrepiece of anti-trafficking work: Trafficking patterns, methods, routes and even supply-demand dynamics are changing constantly. However, children who are trapped into trafficking cycles seem to show very common vulnerability profiles. Many assisted child victims belong to families in distress or in disadvantage or to dysfunctional families; others lack parental supervision or are growing up without parental care often in a residential institution. Policies and programmes that address poverty or social exclusion are instrumental for reducing vulnerabilities and the risk of trafficking. And social protection measures, especially those that combine social assistance and services for the family, with provisions of day care or after-school care for children can considerably up-grade the capacities of vulnerable families and at the same time mitigate the risks for children. It is essential to ensure that children without parental care do not grow up in an institution but in a family environment, whether that is an extended, foster or adoptive family. 2. The success of prevention depends in large part on the effectiveness of protection: Current child protection systems are failing because they are not sensitive and timely in the identification and response to risks. For many child victims, trafficking is not the first experience of abuse but rather the last event in the downwards spiral of adult failures to protect the child. As noted in the Report, many children have been seeking help from teachers, social workers and even from law enforcement authorities but have not received it. Escape from abusive situations many times meant leaving home and becoming vulnerable to further abuse and trafficking. The same children report that the assistance that they have received at the place of rescue or where they escape from trafficking was also very weak. There was no person appointed specifically to assist them, such as a temporary guardian to protect their best interests and to accompany them through the process, they were not informed of their rights and options and the individual assessment of their situation did not guarantee a durable solution. After their return their environment had not changed. The child protection systems in the countries of origin and destination must be urgently transformed, up-graded and strengthened. They must be organized on a continuum that links professionals from the health, education, social welfare, law enforcement and justice systems in a network of connected services and responsible practices. Only such effective systems can protect children’s rights and contribute to prevention. 3. Prevention strategies must be two-pronged: a) Strengthening the protective environment around children Prevention strategies must strengthen all three pillars of the protective environment that have obligations to children, namely the family, the state and civil society. The strategy must be directed to upgrading capacities and accountabilities of - a) the family - so that it can provide for and protect the child; b) of the state, so that it ensures legal and social protection, allocates resources and upholds the standards for fulfilment and protection of children’s rights; and c) of civil society so that it challenges and addresses the attitudes, behaviours and practices that can undermine children’s potential, their dignity and integrity. b) Empowering children (knowledge and skills, participation and respect of their views) Prevention strategies must also empower children. Life skills based education for example, provides children with knowledge and skills that help them to: a) recognize the risks and dangers b) negotiate tricky situations and c) make informed decisions. And every strategy becomes more fine-tuned and more effective if children, including those with experience of trafficking, are consulted and have participated in the design, implementation and evaluation of the strategy. 4. Child rights standards must guide the strategic design and implementation of strategies to prevent child trafficking. 5. Multi-sectoral co-ordination from national down to local levels, partnership between public and private organizations, including NGOs, and inter-country and international cooperation are crucial for building synergy between prevention efforts: Harmonized legislation, policies, mandates and regulatory frameworks between different sectors have to be negotiated at the national level – as they are the necessary condition for effective coordination among different service providers at the local level. Partnership between public and private institutions and organizations (including the NGOs) is instrumental for the quality of services. And lastly, bi-lateral or multilateral agreements, the use of diverse processes and policies, such as the EU policies on development, neighbourhood or enlargement and international cooperation are essential for the synergy in efforts to achieve effective prevention. Conclusions The governments of Albania, Moldova, Romania and the UN Administered Province of Kosovo are looking forward to a concrete and deeper commitment and engagement of the EU in their countries on fighting trafficking. Assistance in drafting new legislations and policies as well as developing adequate programmes is still needed. Because fighting child trafficking is linked to improving child protection and addressing other social issues, an active role of the EU in these fields is also necessary. Cooperation, collaboration and a more coherent European policy on trafficking are the requests made by the governments. The difficult question of the returns of trafficked children has also been raised as a priority, while the child rights perspective should be strongly emphasised in migration policies. The consultation process between NGOs, international organisations and the EU is important in order to achieve a common strategy that can counteract trafficking. That strategy needs to move towards focusing on prevention. In this connection, the NGO Group on Child Trafficking and UNICEF provided a list of recommendations to the European institutions present at the meeting (attached). IFTDH EU Office and UNICEF Brussels Office Brussels, November 2006 Attachment Roundtable Child Trafficking in Europe – How to Improve Prevention? Drawing lessons from field practice for an improved European policy The Centre, Avenue Marnix 22 – 1000 Bruxelles 18 October 2006 Recommendations for the European Union Introduction Despite considerable anti-trafficking efforts in countries of origin, transit and destination, the issue of prevention of trafficking is still not getting the level of attention it requires. UNICEF and Terre des Hommes, together with NGOs belonging to the Human Rights and Democracy Network/Working Group on Trafficking1, are convinced that trafficking in children can not be prevented nor considerably reduced unless there is a comprehensive approach to the multifaceted causes of trafficking. The root causes that create and perpetuate the trafficking cycle are found in both countries of origin and countries of destination. In the countries of origin root and underlying causes include family and child poverty, social exclusion, corruption, violence against children, perceptions of children as commodities and weak social and child protection systems. There are also factors facilitating trafficking in the countries of destination, such as the demand for services and goods produced by cheap and unprotected labour and child protection systems that are inadequate to ensure durable solutions for child victims of trafficking. There is a dearth of hard data on the specific number of children being trafficked within countries of South East Europe (SEE) or into other European countries. However, research, such as SEERIGHTS (2003-2005)2 and reports from agencies providing assistance to trafficking victims in SEE,3 indicate that children are being trafficked internally and across borders and that they account for approximately of 10 – 20 % of all trafficking victims who are identified and assisted. Accumulated knowledge from field work in SEE shows that child victims generally fall into two major categories: • • adolescent girls between 15 and 17 years of age – for commercial sexual exploitation boys and girls under the age of 13 – for forced labour and begging Trafficking is a dynamic process – the underlying causalities, the means and routes of trafficking and “supply and “demand” dynamics change constantly. Nevertheless, reports from the field show some consistency in the vulnerability profiles of child victims. Many for instance belong to a family in distress or a disadvantaged or dysfunctional family, being without parental care or exposed to domestic violence and abuse. 1 Amnesty International, La Strada International, ISCOS-CISL and Terre des Hommes, as members of the HRDN/Working Group on Trafficking (Human Rights NGO coalition focusing on EU policy) are monitoring the EU policy on trafficking with a special focus on minors. 2 See http://www.unicef.org/ceecis/protection_3974.html for links to the documents 3 See also Terre des Hommes digital library and documentation sources: www.childtrafficking.com and http://tdh.ch/website/tdhch.nsf/pages/trafic_documentationE The UNICEF/Terre des Hommes Report on “Action to Prevent Child Trafficking in South Eastern Europe – A Preliminary Assessment” (Mike Dottridge, 2006) highlights important lessons emerging from prevention strategies implemented in Albania, the Republic of Moldova, Romania and the UN Administered Province of Kosovo. The report points to good practice as well as to gaps and constraints in current responses. The overall recommendation of the Report is that to prevent trafficking, the strategic approach must be broadened to strengthen the protective environment around children, to equip children with appropriate knowledge and skills and to provide opportunities for children’s views and opinions to be taken into consideration. Recommendations to the European Union based on the UNICEF-Terre des Hommes Report The recommendations outlined in the UNICEF/Terre des Hommes report are in line with the principles embodied in the Commission Communication on Trafficking4, and the Council EU Plan on trafficking5, which both state that “in order to address effectively human trafficking an integrated approach is needed, having as its basis the respect of human rights”, and with the Commission Communication “Strategic Objectives 2005-2009”6 which states that “a particular priority must be effective protection of the rights of children, both against economic exploitation and all forms of abuse, with EU acting as a beacon for the rest of the world”. In the context of this policy framework on trafficking in human beings and of the recent European Commission Communication on the Rights of the Child7, in the light of the Report “Action to Prevent Child Trafficking in South Eastern Europe -- A Preliminary Assessment”, UNICEF and Terre de Hommes, together with NGOs belonging to the Human Rights and Democracy Network/Working Group on Trafficking, recommend that the European Union should undertake the following actions as a matter of urgency: 1. Improve qualitative data collection and analysis about child trafficking by supporting research a. On the impact of child poverty on different aspects of child development, including analyzing the factors of deprivation and exclusion, and child dependency on public policies and adult decision making. b. On the links between different forms of discrimination, violence against children and child trafficking. c. On the inter-related causes of child trafficking and the inter-dependence of “demand” and “supply” factors. d. On methods of identifying and analyzing the vulnerability of unaccompanied children in the EU and on their involvement in all forms of child labour. e. To collect and analyze data on steps taken to protect the rights of child victims of trafficking, including the assistance provided to them and their participation in the design and implementation of “durable” solutions. f. To evaluate the effectiveness, relevance and impact of existing anti-trafficking policies and programmes on children and their rights, to extract lessons learnt and to identify good practice. 4 Commission Communication “Fighting trafficking in human beings – an integrated approach and proposals for and action plan” COM (2005) 514 final 5 Council EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings, 19.12.2005/C 311/01. 6 Commission Communication “Strategic objectives 2005-2009. Europe 2010: A partnership for European Renewal. Prosperity, Solidarity and Security”, COM (2005) 12 final 7 Commission Communication – “Towards an EU Strategy on the Rights of the Child”, COM (2006) 367 final g. On the links between demand for cheap and unprotected labour in the EU, the EU migration policies and unregulated migration and trafficking of minors. Such research can also contribute to inform and improve labour laws so as to improve protection for children involved in informal and unregulated work activities. 2. Implement existing legislation and policies on child protection according to international and European child rights standards and guidelines a. Promote the ratification of the Council of Europe Convention on Action against Trafficking in Human Beings and the Optional Protocol to the UN Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. b. Member States should adopt national legislation in conformity with the UN Convention on the Rights of the Child and other relevant international standards and guidelines, and implement policies in line with such standards and guidelines. c. The European Commission and Member States should actively contribute to the formulation of the up-coming Council of Europe Convention on Protection of Children from Sexual Exploitation and Abuse which should be based on the rights guaranteed by the UN Convention on the Rights of the Child and other relevant international standards. d. The Member States must ensure proper implementation of the principles and provisions of the UN Convention on the Rights of the Child, especially with regard to the best interests of the child and non-discrimination against any child regardless of his/her nationality and legal or residence status in the EU Member State. e. Promote and monitor the accountability of Member States in fulfilling and protecting of the rights of the child, with special attention to the most vulnerable, including children in poverty, children from socially excluded families, minorities, immigrant, refugee and asylum seeking children. f. Draw up standards for protection of the rights of child victims of trafficking and unaccompanied minors taking into account guidance on good practice, including the “UNICEF Guidelines and the Reference Guide on the Protection of the Rights of Child Victims of Trafficking”8 and the Separated Children in Europe Programme “Statement of Good Practice”9. g. The European Commission should monitor compliance with the relevant standards based on these good practices and involve children in the assessment and evaluation of practice. h. Strengthen effective coordination with countries of origin through the establishment of bilateral cooperation agreements that ensure prevention of child trafficking and the protection of the best interests of child victims (the agreement between Albania and Greece is a good example). i. The EU and EU Member States must ensure that information and education campaigns about child trafficking are based on up-to-date data, strategically target specific audiences, and use carefully tailored messages. 3. Make use of the relevant policies and instruments on Enlargement Pre-Accession, Neighbourhood, Development Cooperation and External Relations as a vehicle for the promotion, safeguarding and fulfilment of the rights of the child. a. Insist on mainstreaming principles and provisions of the UN Convention on the Rights of the Child in all EU internal and external policies, strategies and programmes and monitor the progress of fulfilment and protection of children’s rights as routine practice within the EU and the accession process. b. Ensure that Country/Regional Strategy Papers and Indicative Programmes address root causes and factors facilitating child trafficking, such as child and family poverty, 8 9 http://www.unicef.org/ceecis/protection_4440.html http://www.savethechildren.net/separated_children/good_practice/index.html c. d. e. f. g. h. unemployment and social exclusion of children’s communities, discrimination, violence against children and malfunctioning of child protection systems. Call for the integration of strategies specifically addressing child poverty, youth unemployment and social exclusion of minorities to prevent and mitigate child trafficking within all relevant human rights-based development strategies including Poverty Reduction Strategy Papers. Particularly appropriate strategies include investment in life-skills education in every classroom and the creation of meaningful employment opportunities for older adolescents near their home. Within the accession criteria insist on positive discrimination steps for the employment sector to address social exclusion and to benefit vulnerable groups, including minorities such as Roma and young people. Support up-grading of national monitoring mechanisms to periodically and systematically collect qualitative data on relevant key child indicators - such as school attendance and dropout rates, employment/unemployment of teenagers, placement of children without parental care and the ratio of residential institution/versus family based placements, recording both the reporting and action taken in cases of violence against children. Promote and support the reform of child protection systems on the basis of the best interests of the child and in respect of children’s rights, including to grow up in a family environment and to be protected from any situation that undermines children’s development potential, dignity and physical and psychological integrity. The European Commission should ensure that such systems operate though a continuum of services that links social welfare, health, education, law enforcement and justice professionals in the network of measures, services and practices that can effectively protect children’s rights. Support establishment of national referral mechanisms as an integral part of the child protection system, which has a capacity for early identification of risks, referral, and response, monitoring and reporting. Facilitate and support systematic co-operation with key civil society stakeholders, including relevant international and national NGOs and children themselves at the EU level, in accession, neighbourhood and other countries.
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