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UNIVERSITY OF ECONOMICS, PRAGUE FACULTY OF INTERNATIONAL RELATIONS

MASTER’S THESIS

2021 Bc. Martina Macháčková

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UNIVERSITY OF ECONOMICS, PRAGUE FACULTY OF INTERNATIONAL RELATIONS

International and Diplomatic Studies

The EU’s Fight Against Human Trafficking (Master’s Thesis)

Author: Bc. Martina Macháčková

Supervisor: Ing. Mgr. Markéta Votoupalová, Ph.D.

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Author’s Declaration

Herewith I declare that I have written the Master’s Thesis on my own and I have cited all sources.

Prague, 10 December, 2021

………

Author’s Signature

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Acknowledgment

I would like to thank my Supervisor, Ms. Markéta Votoupalová, for her patience and valuable inputs for the elaboration of my thesis, as well as for additional guidance by the personnel of the European Union Agency for Law Enforcement Cooperation and the Council of the European Union’s unit for migrant smuggling. Additionally, I would like to thank my family, partner, and friends for the love and unconditional support throughout the years of my studies.

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List of abbreviations

CEDAW Convention on the Elimination of all Forms of Discrimination Against Women

CEPOL European Agency for Law Enforcement CoE Council of Europe

CoEU Council of the European Union CSAM Child sexual abuse material DALYs Disability Adjusted Life Years DG Directorate-General

DG HOME Directorate-General for Migration and Home Affairs EASO European Asylum Support Office

EIGE European Institute on Gender Equality

EMCDDA European Monitoring Centre for Drugs and Drug Addiction EMPACT European Multidisciplinary Platform Against Criminal Threats EP European Parliament

EU European Union

EUCO European Council

EU-LISA European Union Large Scale IT Systems for Freedom, Security and Justice EUROFUND European Foundation for the improvement of living and working conditions EUROJUST EU Agency for Criminal Justice Cooperation

EUROPOL European Union Agency for Law Enforcement Cooperation EUROSTAT Statistical Office of the European Union

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EU SOCTA EU Serious and Organized Crime Threat Assessment FEMM Committee on Women’s Rights and Gender Equality FRA Fundamental Rights Agency

FRONTEX European Border and Coast Guard Agency GBD Global Burden of Disease

ILO International Labor Organization

LIBE Committee on Civil Liberties, Justice and Home Affairs MEPs Members of the European Parliament

MS(s) Member State(s)

NREMs National Rapporteurs and equivalent mechanisms OCGs Organized Crime Groups

TFUE Treaty on the Functioning of the European Union THB Trafficking in Human Beings

UN United Nations

UNCTO United Nations Convention against Transnational Organized Crime UNODC United Nations Office on Drugs and Crime

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INTRODUCTION

Trafficking in human beings is a serious and highly persistent form of organized crime which generates enormous profits from the exploitation of vulnerable victims, including women, children, and other highly marginalized demographic groups. The victims of trafficking are often recruited by deceptive or coercive practices and further exploited for different purposes, most predominantly for sexual and labor exploitation.

The reason for deciding to analyze this complex topic of trafficking in human beings in the European Union is my long-term interest in the problematics of this phenomenon, as well as in organized crime in general. For the purpose of this paper, there have been several consultations with personnel of the European Union Agency for Law Enforcement Cooperation, as well as with the Council of the European Union’s unit for migrant smuggling, which helped provide a deeper perspective of the scope of this crime and understanding of the EU policies and other actions that address it.

This Master’s thesis is divided into three chapters. The first provides the necessary theoretical background on the phenomenon of trafficking in human beings, including the history and definition, the distinction between human trafficking and human smuggling, the root causes linked with this phenomenon, as well as the most prevalent forms that are encountered.

Additionally, it provides information on the profile of victims and traffickers, as well as the characteristics and modus operandi of the organized crime groups.

The second chapter takes a deep look into the analysis of the scale and nature of trafficking in human beings in the European Union, from the victims’ and traffickers’ perspective, and provides the cost analysis of this particular form of crime in the European Union.

Finally, the third chapter provides a policy analysis of the EU legal and policy framework and is accompanied by final evaluations of those policies, as well as recommendations.

This paper aims to answer the main research question which is: “Are the EU policies on trafficking in humans consistent with the theoretical framework?” The policy analysis is based on setting up the indicators of effective policies to target trafficking in human beings,

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in accordance with the theoretical framework based on the literary research, and examine whether these are applied in the EU legal and policy framework, and to which extent.

Further partial research questions are: “Which forms of trafficking in human beings are the most common?”, “Why does trafficking in human beings occur?”, “Who are the victims and the traffickers?”, “What is the nature of trafficking in human beings in the European Union”,

“Which nationalities are the most frequent for victims and traffickers?”, and “What is the cost of human trafficking in the European Union”?

In order to answer the main research question, the following indicators were set, based on the theoretical approach in the academic article “Economics of Human Trafficking” from Elizabeth M. Wheaton, Edward J. Schauer, and Thomas V. Galli.¹

Category Indicator

DEFINITION Adoption of concise definition

DEMAND REDUCTION

Awareness raising, education and training Criminalization of the use of victims’ services Punishment of employers who employ victims

SUPPLY REDUCTION

Addressing security issues Development cooperation

Making THB a high-risk, low-profit crime through high penalties for perpetrators and strengthening of cross-

border cooperation

PROTECTION OF VICTIMS

Assistance and support Protection Compensation

LEGAL

EMIGRATION Possibilities of legal emigration

DATA COLLECTION,

ANALYSIS, RESEARCH

Presence of legal framework and actions to improve data collection and analysis, and research

1 Wheaton et al, Economics of Human Trafficking, 2010.

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Moreover, the literature used in this Master’s thesis consists primarily from primary sources issued by the European Union, such as data collections, directives, strategies, communications and progress reports, all published in English language. Other used sources include statistics and information reports from international and inter-governmental organizations, including the United Nations or International Organization for Migration, among others.

It should not be omitted that trafficking in human beings has illegal nature and therefore it is necessary to be aware of limits of this Master’s thesis, as well as understand that some of the data may reflect underestimations. Despite the data used in this paper were provided by relevant sources, they may not represent the reality with 100% accuracy.

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1 HUMAN TRAFFICKING

Human trafficking, also known as trafficking in human beings (THB), trafficking in persons, or modern slavery, are umbrella terms used in this paper, and internationally, to describe an ongoing, deeply rooted and highly persistent phenomenon. The profit-driven motives linked to this crime deprive victims of access to their basic rights and freedoms, including, but not limited to, the right of: life; liberty and security; not being forced to slavery and similar practices; not being discriminated based on race, religion, or nationality; not experience gender-based violence; not being subjected to torture or any other type of inhuman or humiliating maltreatment; being able to work and live in appropriate conditions, as well as to freely move and associate, among others.²

In order to understand the phenomenon of human trafficking, it is necessary to first trace the historical development of this concept. The term ‘trafficking’ originates in the late Victorian 19^th to the beginning of the 20^th century, when it was used in relation to the ‘white slave traffic’, specifically, the trafficking of women and children who were forced purposely into prostitution.³

The issue of trafficking was first discussed at the Congress on the White Slave Trade, organized by the National Vigilance Society, a British association established with the purpose of responding to the white slave traffic, in London, United Kingdom in 1899. The results formulated at the 1899 Congress included proposals on penal measures related to women and under-aged girls, in addition to conclusions of an International Convention. They subsequently served as a base for the realization of the International Conference on the White Slave Traffic in 1902, convened by the French Government, which marked the first pre- League of Nations common international efforts to tackle trafficking.⁴

2 Office of the United Nations High Commissioner for Human Rights, Human Rights and Human Trafficking:

Fact Sheet No. 36, 2014.

3 Global Alliance Against Traffic in Women, Human Rights and Trafficking in Persons: A Handbook, 2000.

4 Allain, White Slave Traffic in International Law, 2017.

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Due to the states’ reserved behavior towards signing off the international treaties in framework of the international law in that time, the 1902’s efforts to adopt a joint Convention were blocked.⁵ Finally, the first International Agreement for the Suppression of the White Slave Traffic was signed by twelve signatories⁶in 1904⁷ and came into force in 1905. It was then further renegotiated in 1910 as the International Convention for the Suppression of the White Slave Traffic.⁸

Since 1904, the international community adopted several international human rights instruments⁹, which were directly or indirectly linked to human trafficking. Nonetheless, some of them continued emphasizing trafficking being necessarily linked to prostitution, such as the adoption of the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.¹⁰

After decades without agreed international definition of human trafficking, a key element for identification of incidence and scope of the problem, the United Nations General Assembly adopted by resolution A/RES/55/25 of 15 November 2000, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (UNCTO), also referred

6 The Agreement was signed by Belgium, Denmark, France, Italy, Germany, Norway and Sweden, Portugal, Russia, Spain, Switzerland, the Netherlands, and the United Kingdom.

7 UN, International Agreement for the Suppression of the White Slave Traffic, signed at Paris on 18 May 1904, amended by the Protocol signed at Lake Success, New York, 4 May 19498, 1950.

9 Such as the 1921 International Convention for the Suppression of the Traffic in Women and Children; the 1930 International Labor Organization (ILO) Convention No. 29 on Forced Labor; the 1933 International Convention for the Suppression of the Traffic in Women of Full Age; the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others; the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery; the 1959 ILO Convention No. 105 on Abolition of Forced Labor; the 1966 International Covenant on Civil and Political Rights; the 1979 Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW); the 1984 Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; the 1989 Convention on the Rights of the Child; the 1993 United Nations General Assembly Declaration on Violence Against Women; the 1999 ILO Convention No. 182 on the Worst Forms of Child Labor; among others.

10 Global Alliance Against Traffic in Women, Human Rights and Trafficking in Persons: A Handbook, 2000.

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to as “Palermo Protocol” or “Trafficking Protocol” in this paper, has finally established widely accepted, inclusive and complex definition of trafficking in persons.¹¹

The Palermo Protocol, which imposes high level of obligations on governments that choose to adopt it, focuses on three P’s: Prosecution, Protection, and Prevention¹² and currently has 117 Signatories and 178 Parties.¹³Article 3 of the Trafficking Protocol provides the first internationally agreed, universal and in its essence, a ‘revolutionary’ definition, which is composed of three compulsory elements: the act, means, and purpose, and it also introduces the irrelevancy of the consent. Trafficking in human beings therefore shall mean:

(a) [...] “the recruitment, transportation, transfer, harbouring or receipt of 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery, or practices similar to slavery, servitude or the removal of organs;”¹⁴

This universal interpretation of what shall be identified as trafficking in persons, refers to the act as “the recruitment, transportation, transfer, harboring or receipt of persons” and to the means as the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, as well as the provision of payments or benefits in order to obtain victim’s consent. It is to be emphasized that the innovative feature of this comprehensive definition is

11 United Nations Treaty Collection, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000.

12 UNODC, United Nations Convention against Transnational Organized Crime and the Protocols thereto, 2004.

13 United Nations Treaty Collection, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000.

14 UNODC, United Nations Convention against Transnational Organized Crime and the Protocols thereto, 2004.

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based on the broadening of the purpose of trafficking, which is not exclusively limited to prostitution, referring to the purpose as being intended to exploit victims.¹⁵

Even though the Palermo Protocol does not precisely define the term ‘exploitation’, it provides examples of what shall be referred to, at a minimum, as: “the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery, or practices similar to slavery, servitude or the removal of organs.”¹⁶

Furthermore, Article 3 (b) of the Trafficking Protocol indicates that victim’s consent to the deliberated exploitation is irrelevant:

(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;¹⁷

Finally, Article 3 (c) and (d) indicate that in case of a child, which shall be defined as any person under the age of eighteen, the act shall be recognized as ‘trafficking in persons’

despite any of the aforementioned means applying to the case.¹⁸

As some of the experts on the phenomenon of trafficking in human beings highlight, a misinterpretation of the term ‘coercion’ and ‘deception’ may occur when closely evaluating the individual cases of human trafficking. In regard to the former, it shall be noted that the trafficking process does not necessarily need to start with coercion, as for example, some of the victims were promised prospects of a better future which would grant them employment, and therefore gave consent to traffickers, without knowing that the coercion would likely be applied in the following stages of the trafficking process. As for the latter, deception can also become a part of the trafficking process in later stages, for instance, the victims being

15 UNODC, United Nations Convention against Transnational Organized Crime and the Protocols thereto, 2004.

16 Ibid.

17 Ibid.

18 Ibid.

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promised legitimate employment and being subsequently forced into illegitimate activities, such as prostitution.¹⁹

Nonetheless, it should be noted that the definition of trafficking established by the Palermo Protocol has been widely accepted by the states, as well as international organizations, and it was also placed into newly created international instruments, such as the Council of Europe’s (CoE) 2005 Convention on Action against Trafficking in Human Beings²⁰ and the Directive 2011/36/EU of the European Parliament and of the Council on preventing and combating trafficking in human beings and protecting its victims, among others.²¹

1.1 Human Trafficking vs. Migrant Smuggling

The phenomenon of trafficking in human beings is often linked to another serious form of organized crime: migrant smuggling, also referred to as human smuggling in this paper, as well as internationally.

These two concepts, however, shall not be mistaken, nor used interchangeably, due to the application of distinct legal implications, pertinent to each offence.²²

Moreover, the phenomenon of smuggling of migrants is defined by the Article 3 of the United Nations Protocol Against the Smuggling of Migrants by Land, Sea and an Air, supplementing the United Nations Convention against Transnational Organized Crime as:

(a) […] “the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;”²³

19 Aronowitz, Human Trafficking, Human Misery: The Global Trade in Human Beings, 2009.

20 CoE, Council of Europe Convention on Action against Trafficking in Human Beings, 2005.

21 Official Journal of the EU, Directive 2011/36/EU, 2011.

22 EMCDDA, EU Drug Markets Report 2019, 2019.

23 UNODC, United Nations Convention against Transnational Organized Crime and the Protocols thereto, 2004.

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For easier orientation, Table 1 provides a comparison between trafficking in human beings and migrant smuggling:

Table 1. Comparison between Human Trafficking and Migrant Smuggling

TRAFFICKING SMUGGLING

CRIME Against the Individual. Against the State.

PURPOSE

Exploitation of human beings as trade commodities for the purpose

of financial profit.

A migration related phenomenon, whose purpose is to facilitate, upon agreement, a service which

involves illegal movement of people across the international

borders for a fee.

PROFIT Mid- to long-term, as for the account of traffickers.

One-time payment in order to secure migrant’s illegal entry to the State, or a residence permit.

RELATIONSHIP

Mid- to long-term, depending on how long traffickers find the exploitation of victims profitable.

Short-term. Traditionally, the relation between the smugglers and smuggled migrants ends upon

arrival to the destination.

However, additional risks may emerge, and smuggled migrants may eventually become victims of trafficking in human beings, if not being released upon arrival, and then further forced to exploitation.

BORDER CROSSING

(TRANS- NATIONALITY)

Not necessarily.

As trafficking often occurs domestically, within the victim’s

country of residence or origin.

Always.

For smuggling to occur, migrants must be transported across the

international border.

CONSENT

Irrelevant, even if initially granted, as traffickers use elements of force, violence, fraud,

coercion, and deception, among others, in order to recruit, as well

as to manipulate victims.

Yes, the decision is made voluntarily.

Source: Author’s elaboration based on sources in footnotes ^{24 25 26}

24 Aronowitz, Human Trafficking, Human Misery: The Global Trade in Human Beings, 2009.

26 EC, Working together to address trafficking in human beings: Key concepts in a nutshell, 2018.

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Finally, it should be emphasized that smuggled migrants are a vulnerable target group, not only for the smugglers, but also for traffickers and diverse organized crime groups (OCGs) which may end up exercising coercion or exploitation due to the migrants’ illegal status in the new recipient country, and therefore their indebtment to the smugglers.²⁷

1.2 ‘Push’ and ‘Pull’ Factors

There are numerous root causes of trafficking in human beings, ranging from social, political, economic, and other factors, often being distinct on a case-to-case basis and varying from country to country. However, some of the root causes, which are often described as ‘push’

and ‘pull’ factors among the authors²⁸ focusing on this phenomenon, as well as by international organizations such as United Nations, and agencies, such as EUROPOL, among others tend to be similar throughout the world.²⁹

The first of the common factors is related to people’s desire to migrate in search of a better life which does not necessarily need to have a transnational character, as the victims of trafficking in human beings are often trafficked within their country of origin. Traffickers, in their role as perpetrators, frequently opt for deceptive or coercive methods at some stage of the trafficking process, which allow them to gain control over potential victims that are usually from disadvantaged and adverse backgrounds, and poorly skilled, which make them especially vulnerable and susceptible to traffickers, who subsequently recruit and exploit them.³⁰

Local conditions in respective countries significantly influence and pressure the potential victim’s decision to migrate. Poverty and low living standards, political repression, discrimination, violence, abuse and other human rights violations, lack of socio-economic

28 Such as Alexis Aronowitz and Louise Shelley, among others.

29 UNODC, Toolkit to Combat Trafficking in Persons: Global Programme against Trafficking in Human Beings, 2008.

30 Ibid.

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opportunities, political instability in the country, such as impending or ongoing conflict or war, leading into country’s destabilization and people’s displacement making them vulnerable to be controlled by traffickers and further exploited, are among important ‘push’

factors. Emphasis should also be put on issues concerning political instability, armed conflicts, militarism, the nature of the country’s political regime, natural catastrophes, along with the deeply rooted state corruption, which put further pressure on to-be migrants’

intention to depart.³¹

Furthermore, a lack of education is often noted within low-income families, an important factor that prevents potential victims of trafficking in human beings to enter or participate at the labor market, together with scarce employment opportunities or discrimination (for instance, sexual, gender and ethnic) and inequality within it, are also linked to ‘push’ people into migration.³²

On the other hand, what tends to attract potential victims into migration are the ‘pull’ factors.

The contrast between living in extreme poverty and seemingly promising views of progressing into less-extreme poverty, enhanced by the continuous expansion and development of the internet and other telecommunication medias in the developing countries, has notably further increased the desire to improve the standard of living and working conditions of to-be migrants, which as a result opt to move in the developed countries.³³ The “pull” factors further include promising perspectives of accessing quality education, absence of discrimination, violence, abuse and oppression, protection of human rights, improved standard of living quality of life, broader choice of employment opportunities and improved working conditions accompanied with high salaries.³⁴

32 Europol, 2016.

33 UNODC, Situation Report: Trafficking in human beings in the EU, 2008.

34 Europol, Knowledge Product: Trafficking in Human Beings in the European Union, 2011.

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Additionally, the number of migrant communities or foreign diasporas established within the recipient countries also serve as a ‘pull’ factor.³⁵

It is to be noted that the high market demand for cheap labor and commercial sexual services, stimulated by consumers’ demand for products or services provided by victims, also represents another cause of trafficking in human beings, including children.³⁶ In regard to the latter, the demand for sexual services is not necessarily driven by the demand for “trafficked sex” but by demand for commercial sex in general.³⁷

36 Ibid.

37 O’Brien et al, The Politics of Sex Trafficking, 2013.

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22 Table 2. Summary of Push and Pull factors of trafficking in human beings

PUSH FACTORS (Countries of origin)

PULL FACTORS (Countries of destination)

Poverty, low living standards and quality of life

Improved living standards, higher quality of life

Human rights violations, gender inequality, political persecution,

discrimination

Respect for human life and freedom from oppression, violence,

discrimination etc.

Lack of socio-economic opportunities (education, work, etc.),

unemployment, established barriers to access the labor market (discrimination of women, etc.)

Accessible education, legitimate employment opportunities, higher salaries, enforced working conditions Political instability, conflicts, wars Absence of conflicts and wars

Natural disasters Migrant communities and foreign diasporas

Social factors and cultural practices (slavery, debt bondage, selling of

children, etc.)

Demand for cheap labor and sex services

Source: Author’s elaboration based on sources in footnotes ^{38 39 40}

1.3 Forms of Trafficking in Human Beings

Trafficking in human beings is a complex, and a particularly serious form of organized crime which generates high profits to the traffickers, who abuse vulnerable people and further exploit them. Trafficking affects both females and males: women and girls tend to be

38 Europol, Situation Report: Trafficking in human beings in the EU, 2016.

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trafficked especially for the purposes of sexual exploitation, domestic servitude, or care sector, while men and boys are trafficked principally for the purposes of labor exploitation in the sectors of agriculture, mining, or forestry, among others.⁴¹

In addition, the vulnerable groups involve children, including unaccompanied children and children with disabilities, not to mention people from marginalized communities, such as the Roma. Furthermore, the demand for products and services provided by victims is fostered by consumers and users, and as nature of any form of organized crime, it is prompt to swiftly adapt to new circumstances, including to demand shifts or vacuums.⁴²

Human trafficking has several forms, typically categorized into the following types:

1) trafficking for the purpose of sexual exploitation, the most common type disproportionately involving women and girls; 2) trafficking for the purpose of labor exploitation, the second most prevalent form of trafficking; 3) trafficking for forced criminality and forced begging, associated with benefit fraud, petty and property crime;

4) trafficking for forced and exploitative sham marriages; 5) trafficking for selling of babies as well as for unlawful adoptions and finally, 6) organ trafficking. Due to the limited extent of this paper, the primary focus is oriented on the trafficking for the purpose of sexual and labor exploitation, as these forms are the most prevalent worldwide.⁴³

1.3.1 Trafficking for the purpose of sexual exploitation

Trafficking in human beings for the purpose of sexual exploitation, also known as sex trafficking or sex slavery, is the most common form of trafficking, also being the most detected and reported globally.⁴⁴ It is characterized as an increasing type of organized crime, facilitated by the ongoing progress of new technologies and increasing mobility, in addition

41 EC, Communication from the Commission, 2012.

42 Ibid.

43 EC, Report from the Commission, 2018.

44 UNODC, Global Report on Trafficking in Persons 2018, 2018.

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to featuring low risk and high profits for perpetrators, that is committed at the expense of respect for human rights and dignity of exploited victims, further causing irreversible psychological and physical harm to victims as result.⁴⁵

As such, the trafficking for the purpose of sexual exploitation involves prostitution and exploitation of other sexual practices, such as street, window, or brothel prostitution; strip clubs and bars; escort; pornography; massage centers, and model agencies.⁴⁶

Traditionally, victims are primarily women and girls, which makes this form of trafficking a particularly gender-based issue, while their services are consumed predominantly by men.⁴⁷ Victims, who generally have low socio-economic status, inadequate education, and poor skills, are forced into prostitution and other related sexual practices, and are being moved internally or across the State borders. They are actively rotating, as trade commodities, from place to place, to maximize profit as a supply of new ‘faces’ to satisfy customers desire to explore new markets, but also to prevent that those victims have a chance to establish any relations, which could consequently lead towards a detection by law enforcement agents.⁴⁸ An observation has been made of the use of red-light districts, which are now more frequently being substituted for private, clandestine places, which further complicates the law enforcement agents’ efforts of detection.⁴⁹

Nevertheless, the sexual exploitation of victims occurs also in the public venues, such as night clubs, bars, or hotels, often owned by traffickers’ partners, which also profit from the exploitation business.⁵⁰

Another key development has been observed in the relation between traffickers and victims.

Despite some cases showing evidence of victims being forced into sexual exploitation by traffickers and pimps violently, with the purpose of exhausting their energy to diminish

45 Voronova et al, Briefing: The gender dimension of human trafficking, 2016.

46 EC, Working together to address trafficking in human beings: Key concepts in a nutshell, 2018.

47 Voronova et al, Briefing: The gender dimension of human trafficking, 2016.

48 Europol, Trafficking in Human Beings in the European Union: A Europol Perspective, 2009.

49 Ibid.

50 Europol, European Union Serious and Organized Crime Threat Assessment, 2021.

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resistance, the recent findings have shown that there has been a significant increase in victims being compelled into alcohol or drug dependencies, or being given sham work contracts.

Furthermore, social factors, and cultural and ritual practices are also being used to gain control over the victims.⁵¹

Equally important observation in relation to the phenomenon of trafficking for the purpose of sexual exploitation is the increasing proportion of female perpetrators involved. The female offenders themselves are often former victims, who then stay part of the whole trafficking chain, including the recruitment, control of victims, as well as business operations.⁵²

Furthermore, the recent trend concerning the use of online platforms, social networks, and the dark web to recruit and advertise sexually exploited workers, including children, has increased and become fundamental for sex trafficking.⁵³ It is to be emphasized that during the Covid-19 pandemic, the dynamics of trafficking for sexual exploitation has changed and shifted from traditional to modern online trafficking, and the use of cyberspace in relation to trafficking has therefore skyrocketed. Extremely worrying is the link to the advertisement of children’s sexual services and pornography and its implications on child’s well-being, health, and development.⁵⁴

Finally, the demand for pornography, including the child sexual abuse material (CSAM), and live streaming significantly increased during the pandemic, notably in countries affected by lockdown measures. The push factors and victims’ vulnerabilities were further exacerbated, leading them to be exploited within the online sex industry.⁵⁵

52 Ibid.

53 Europol, European Union Serious and Organized Crime Threat Assessment, 2021.

54 Ibid.

55 OSCE Office, Addressing Emerging Human Trafficking Trends and Consequences of the COVID-19 Pandemic, 2020.

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1.3.2 Trafficking for the purpose of labor exploitation

Trafficking in human beings for the purpose of labor exploitation, also known as labor trafficking, is the second most common form of trafficking worldwide. The term ‘forced labor’ was defined in 1930 by Article 2 of the International Labor Organization’s Forced Labor Convention as: […] “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”.⁵⁶ Slavery, slave-like practices, servitude, and debt bondage are examples that fall within the definition of forced labor.⁵⁷

Debt bondage, also referred to as bonded labor, is the most widespread form of forced labor which coerce people to work in order to pay off a debt they made or inherited.⁵⁸ However, the laborers receive extremely low or no wage for the work they carry out, while their debt increases as a result of high interest rates and over-inflated prices for inputs provided by their employers, which makes the prospects of repaying the debt, hence exiting the vicious circle, unrealistic.⁵⁹

This particular form of trafficking is characterized by heterogeneity of methods victims are exploited, which closely depends on which sector they are employed. Furthermore, trafficking for forced labor is strongly infiltrated in the legal economy and it often interacts with daily life in sectors such as construction or HORECA⁶⁰ sector.⁶¹ Despite that, trafficking for labor exploitation remains a hidden and largely undetected form of crime, often linked to migration and especially migrant communities. Poorly skilled migrants are in particularly

56 ILO, Forced Labour Convention, 1930.

57 Swepston, Forced and compulsory labour in international human rights law, 2014.

58 Council on Foreign Affairs, Modern Slavery: Bonded Labor, (no date).

59 ILO, Global Report on Forced Labour In Asia: debt bondage, trafficking and state-imposed forced labour, 2005.

60 HORECA is a term referring to HOtels, Restaurants, and CAfeterias.

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high risk of becoming victims of this form of crime, due to their vulnerabilities linked to the illegal status in the destination country.⁶²

Above all, labor trafficking is on increase, and it is significantly driven by high demand for cheap labor in a range of sectors. These sectors are often poorly regulated and lacking sufficient labor controls which further facilitates abuse, human rights violations, and quasi enslavement of victims.⁶³

To provide a list of all labor activities, in which victims are involved, would be challenging due to the thorough extent, however, it is possible to provide a brief overview of the major economic sectors where they are most frequently exploited. The industries concerned are usually characterized as low-skill and low-wage, for instance, construction and agricultural sector, domestic work, fishing, garment, mining, catering, and street trading.⁶⁴ In addition, hospitality, massage centers, private employment agencies, waste management, and cleaning and care services, are also among high-risk sectors that are targeted by organized crime groups involved in labor trafficking.⁶⁵

Despite trafficking for labor exploitation mainly concerns adult men, domestic work is a sector where this does not apply as adult women are the most predominant. This type of trafficking usually takes place in private homes and is characterized by harassment, psychological abuse, physical violence, sexual assaults, and high levels of exploitation, performed by the household’s members rather than by traffickers.⁶⁶ Furthermore, victims tend to work long hours for miserable wages which are often withheld or unpaid; they lack access to health care, and are also forced to live in poor conditions.⁶⁷

In addition, there are multiple factors that complicate detection of the victims of trafficking for the purpose of domestic servitude, such as the nature of this crime which is nearly

65 EC, Commission Staff Working Document, 2020.

67 ILO, Global Estimates of Modern Slavery: Forced labour and forced marriage, 2017.

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invisible and unnoticeable by the public; the victims may not be conscious of the fact that they are being exploited; or because they fear they would not be classified as victims in local jurisdictions; or finally, because they fear legal consequences which could, as an example, result in their deportation.⁶⁸

On the other hand, men dominate as victims of trafficking for labor exploitation in highly demanding, dangerous, or labor-intensive sectors such as construction, manufacturing, or agriculture and fishing, which are also characterized as low paying. Working in these sectors is also associated with excessive working hours, unbearable costs of recruitment services, in addition to physical violence, imprisonment, and illegal passport confiscation. It shall be emphasized that undocumented migrants and seasonal workers are at special risk to become victims of this type of crime.⁶⁹

1.3.3. Trafficking in children

The trafficking in children is an illustration of an extremely worrying form of trafficking which is underlined by an alarming annual increase o of detected child victims.⁷⁰ It cannot be overemphasized that children, especially those from marginalized groups and disadvantaged backgrounds, are extremely vulnerable to fall victim to traffickers involved in THB.⁷¹ Besides that, there is also a high risk of children being subjected to secondary victimization⁷² when identified by the authorities or being re-trafficked after they are released.⁷³

69 ILO, Global Estimates of Modern Slavery: Forced labour and forced marriage, 2017.

70 News: EP, Human trafficking: stronger measures to protect women, children and migrants, 2021.

71 Anti-Slavery International, Child Slavery, (no date).

72 Secondary victimization is a term referring to considering child as an offender committing crimes, rather than as a trafficked victim.

73 EC, Report from the Commission, 2016.

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One of the primary reasons why traffickers target children is because they are extremely easy to recruit and replace, in addition to mentioning that their maintenance is relatively inexpensive and discreet. Child victims are under assiduous and ubiquitous surveillance and often pressured into committing crimes, including robberies, benefit fraud, or drug-related crimes.⁷⁴ Moreover, trafficking in children enables traffickers to easily manipulate, control and exploit child victims, who are unlikely going to demand wage adjustments or improvement of working conditions.⁷⁵

The children are trafficked internally, internationally and across continents and are employed in sectors where the rights of children are severely infringed, negatively affecting their well- being and development. Children are no exception from becoming victims of all forms of trafficking, including sexual exploitation, production of CSAM, prostitution, forced labor, debt bondage or practices like slavery.⁷⁶

It shall be noted that families with complicated socio-economic background are traditionally represented as those who sell their children to traffickers for exploitation, or those who are forced to give them away as a method to pay for their debts.⁷⁷

Furthermore, alarmingly concerning is trafficking in children for the purpose of using them as child soldiers, who are consequently deployed in armed conflicts around the world. The children, often forced into deployment, can be recruited by government army forces, as well as rebel, or opposition groups.⁷⁸

74 Europol, Intelligence Notification: Child trafficking for exploitation in forced criminal activities and forced begging, 2014.

75 Anti-Slavery International, Child Slavery, (no date).

76 ILO, Trafficking in Children, (no date).

77 Europol, Intelligence Notification: Child trafficking for exploitation in forced criminal activities and forced begging, 2014.

78 Bleasdale, Child Soldiers, 2013.

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1.3.4 Other Forms of Trafficking

The most persistent forms of trafficking in human beings, after sexual and labor exploitation, is the trafficking for forced criminality and forced begging. This form of exploitation is characterized by using its victims in areas of petty⁷⁹, as well as aggravated⁸⁰ and drug-related crimes⁸¹. Traffickers’ target vulnerable groups, preferably younger people, which further include persons with disabilities or with alcohol or drug disorders, marginalized communities, or ethnic minorities, as well as people experiencing financial difficulties.

Victims tend to be coerced into this type of criminality by force or psychological manipulation, sometimes by members of their families who act as accomplices to this crime.

Furthermore, high mobility of victims between regions and countries is linked with this particular form of trafficking, in order to prevent detection by law enforcement agents. The cases of trafficking for the purpose of forced criminality and begging are practically invisible and therefore remain highly unidentified.⁸²

In continuation, trafficking for forced and exploitative sham marriages is also on the rise, disproportionately affecting mainly vulnerable women and girls from poor backgrounds and marginalized groups, who are frequently physically or psychologically disabled. The objective of these sham marriages is generally linked to the perpetrator’s desire to obtain a residence permit facilitated by marrying a national of the desired country.⁸³

Finally, additional types of exploitation that are raising concerns are: trafficking for selling of babies and for illegal adoption, as well as for organ selling. Another emerging form of human trafficking is linked to surrogacy and shall be further examined.⁸⁴

79 Such as property crime, including pickpocketing and shoplifting, theft, and begging.

80 Such as aggravated theft and fraud.

81 Such as drugs trafficking and selling, or forced work on cannabis cultivation.

83 Ibid.

84 Ibid.

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1.4 Profile of Victims

To provide a universal profile, applicable to all victims of trafficking, is unfeasible, as this crime is committed on highly diverse demographics, including children and adults, males and females, occurring in the countryside and in cities, on people with or without education, and who have varying socio-economic backgrounds.⁸⁵ Nevertheless, traffickers target victims based on their vulnerabilities, which are further exploited. Among these common characteristics, the lack of support from victims’ families plays an important role, and so does the victims’ fear of perpetrators and authorities, as well as the distrust towards the authorities.

Furthermore, another factor is defined by victims being under control of their perpetrators, while being forced into different types of exploitation.⁸⁶ In general, deceit is a regularly applied practice as victims are frequently promised employment with good working conditions and salaries, which are usually never fulfilled.⁸⁷ Equally important are other commonly used practices, defined by Article 3 of the Palermo Protocol, mentioned earlier in the text. Furthermore, the aforementioned push and pull factors are a relevant gauge that can provide a greater understanding of the leading causes of victimization.

The consequences for victims of trafficking shall not be taken lightly, as those can be very serious, irreversible, or even fatal, impacting both the physical and psychological health and well-being of the victims. The evidence has shown that the exploitation of victims is linked with severe health issues, including permanent physical disability, acquirement of sexually transmitted diseases, development of psychological disorders such as anxiety, depression or post-traumatic stress disorder, and alcohol or drug abuse, among others. The exploitation also affects victims’ behavior that will unlikely remain unchanged after experiencing long-term trauma and abuse. It shall be emphasized that the victims’ recovery and reintegration into society is not guaranteed, despite the long-term and complex process this may require.⁸⁸

85 National Human Trafficking Hotline, The Victims, (no date).

86 Victim Support Europe, Fighting Organised Crime - EU Strategy for 2021-2025, 2021.

88 UNODC, An Introduction to Human Trafficking: Vulnerability, Impact and Action, 2008.

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1.5 Profile of Traffickers, Characteristics and Modi Operandi of OCGs

The profiles of traffickers, similarly as the profiles of victims, vary significantly. Among the common characteristics is traffickers’ greed to gain high profit under low risk (see Figure 1 below), which is facilitated by manipulation and exploitation of victims’ vulnerabilities.

Traffickers use different techniques to exploit victims, ranging from fake promises of providing high-paying job, using a ‘lover boy’ method, or psychological and physical abuse, as previously mentioned in the text.⁸⁹

Figure 1. Trafficking in Human Beings: Low-Risk & High-Profit Crime

Source: Author’s elaboration based on a source in footnote ⁹⁰

Traffickers tend to target victims with the same national, cultural, linguistic or ethnic background which allows them to side with the victim, thus gives them advantage on how to optimally exploit victims’ vulnerabilities, how to successfully manipulate them and facilitate their recruitment.⁹¹

89 National Human Trafficking Hotline, The Traffickers, (no date).

90 Unicef USA, What Fuels Human Trafficking?, 2017.

PROFITS COSTS RISKS

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Moreover, traffickers operate in different arrangements as:

- Individuals, also known as ‘amateurs’ or ‘soloists’, are involved in the small-scale trafficking. OCGs involved take care of the entire trafficking process, from recruitment to exploitation.

- Small-level OCGs are mainly linked to the domestic trafficking or occasionally to the low-scale cross-border trafficking.

- Medium-level OCGs have more sophisticated structure and are involved in more logistically and organizationally demanding operations. These OCGs operate internationally, however they do not reach the scale and complexity of operations carried out by the high-level OCGs.

- High-level OCGs are extremely sophisticated, flexible and adaptable to new market trends, legislative changes and sudden law enforcement anti-trafficking actions.

These types of OCGs are structured horizontally and have decentralized character.

They are responsible for controlling mass-scale international THB operations, involving large number of victims intended for exploitation. High-level OCGs also tend to cooperate with other OCGs as well as with corrupt government officials. ⁹² The cooperation with other OCGs is often based on the need for a service that cannot be provided by themselves.

Overall, the high-level OCGs are involved in different types of THB, with THB for the purpose of sexual exploitation and forced labor being the most common and are the most worrying due to their abilities to carry out complex, mass-scale international operations which require involvement of numerous strategic actors, including the corrupt public officers, in the countries of origin, transit and destination. Furthermore, these OCGs are in position to control every segment of the trafficking process, including the falsification of victims’ identity and travel documents, building strategic connections via corruption of

92 Aronowitz et al, Analysing the Business Model of Trafficking in Human Beings to Better Prevent the Crime, 2010.

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important targets, and using precise techniques of money management and money- laundering.⁹³

It shall be emphasized that some trafficking groups operate on a family or clan basis, where strong code of conduct is applied. This further complicates the already difficult detection of criminals by the law enforcement agents.⁹⁴

Within the OCGs, a hierarchy of different roles is being applied (see Figure 2 below). The lowest role is referred to as ‘grassroots intelligence gatherers’ which are responsible for visiting strategic venues within the high-risk sectors, in order to map the presence of potential victims and to analyze the state of their vulnerabilities. The second lowest role is represented by the ‘secondary traffickers’, which are involved in delivering human cargos to ‘primary traffickers’, responsible for identification of sources of supply and demand, in addition to purchasing humans. Finally, at the top of the hierarchy is the ‘master trafficker’- the highest manager and supervisor of the entire trafficking process, who decides the direction of the THB business and who also benefits the most from this highly lucrative form of organized crime. The master trafficker has the advantage of remaining in practical anonymity, which allows for enjoyment of relative personal security. Nonetheless, this further complicates detection by the authorities and to consequently hold the criminal accountable for the crimes committed.⁹⁵

95 UN Global Initiative to Fight Human Trafficking, Background Paper: Profiling the Traffickers, 2008.

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35 Figure 2. Hierarchy within the Organized Crime Groups.

Source: Author’s elaboration based on a source in footnote ⁹⁶

Furthermore, human traffickers are represented both by men and women who are increasingly more involved in THB, as well as by family relatives, friends, partners or complete strangers. To introduce a few examples, traffickers can be pimps, brothel owners, labor brokers or factory owners.⁹⁷

Traditionally, the distribution of roles within the OCGs are: recruiters, transporters (or smugglers), identity and document forgers, official and law enforcement corrupters, housing providers, pimps, venue owners, gang members, profit collectors, money launderers and accountants, and providers of legal services.⁹⁸

Additionally, organized crime groups involved in THB are swift in adaptation to new circumstances, opportunities, and market changes. The OCGs use modern communication technologies, including the internet, social networks and particularly the dark web, to

96 UN Global Initiative to Fight Human Trafficking, Background Paper: Profiling the Traffickers, 2008.

Master Trafficker

Primary Traffickers

Secondary Traffickers

Grassroots intelligence

gatherers

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commercialize and exploit victims. They are mobile organizations which allow them to shift their trafficking enterprises regionally or internationally, if detected by the authorities, or if the profits are more alluring in new destinations. The trafficking organizations are in nature loosely structured which complicates identification, prosecution and conviction of the responsible criminals, and especially of the highly targeted bosses, by the law enforcement agents.⁹⁹

A common characteristic among the OCGs involved in THB is the virtual and physical cash transfer of financial criminal proceeds, which facilitates the process of money laundering.

Virtual money transfers are often facilitated by using victims’ identities for opening bank accounts, registering companies, or to invest in real estate, which allows traffickers to remain nearly in total anonymity, with low chances of being detected by law enforcement, while their criminal proceeds are getting laundered. On the other hand, the physical cash transfers directed back to the traffickers’ countries of origin are often risky and therefore victims are forced to physically carry those on behalf of the criminals.¹⁰⁰

Moreover, in order to reduce risk of being detected by the authorities, the OCGs often apply some of the following measures. For instance, the criminals tend to pay in cash, they coerce victims to apply for international protection in the destination country, they conduct identity and travel document fraud, as well as coerce victims into providing false or misleading statements if identified by authorities, in addition to the previously mentioned severe psychological and/or physical abuse.¹⁰¹

Additionally, it shall be noted that the organization and planning of human trafficking, especially in the case of international trafficking where multiple victims are being transported concurrently, is highly demanding and requires a lot of preparation.¹⁰²

100 Ibid.

101 Ibid.

102 Ibid.

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2 TRAFFICKING IN HUMAN BEINGS IN THE EU

2.1 THE SCALE AND NATURE OF THB IN EUROPE

Trafficking in human beings is one of the most lucrative forms of organized crime which allows OCGs to operate under moderately low risk of being exposed and punished by the authorities. The identification of victims, as well as the prosecution and conviction of traffickers who exploit victims in the country of origin, transit, or destination, continues to pose a significant challenge, and so does the issue of cross-border trafficking. Lamentably, the investigation of cross-border trafficking cases is complex and often lacks judicial mutual assistance, proper funding and means.¹⁰³

The European Union dedicates efforts to the appropriate collection of data in relation to the trafficking phenomenon, in order to better monitor and analyze recurrent and emerging patterns and trends. Such efforts were first launched by the Statistical Office of the European Union (EUROSTAT) and were published as working papers in 2013¹⁰⁴ and 2014¹⁰⁵, document subsequently updated in 2015¹⁰⁶. The European Commission has then published three reports on progress made in the fight against THB in 2016¹⁰⁷, 2018¹⁰⁸ and 2020¹⁰⁹, in addition to two large data collections issued in 2018¹¹⁰ and 2020¹¹¹. Using the

103 Eurojust, Report on Trafficking in Human Beings: Best practice and issues in judicial cooperation, 2021.

104 Eurostat, Trafficking in human beings: 2013 edition, 2013.

110 EU, Data collection on trafficking in human beings in the EU, 2018.

111 EU, Data collection on trafficking in human beings in the EU, 2020.

Hlavní práce66800_macm23.pdf, 751.8 kB Stáhnout

UNIVERSITY OF ECONOMICS, PRAGUE FACULTY OF INTERNATIONAL RELATIONS

MASTER’S THESIS

2021 Bc. Martina Macháčková

UNIVERSITY OF ECONOMICS, PRAGUE FACULTY OF INTERNATIONAL RELATIONS

International and Diplomatic Studies

The EU’s Fight Against Human Trafficking (Master’s Thesis)

Author: Bc. Martina Macháčková

Supervisor: Ing. Mgr. Markéta Votoupalová, Ph.D.

Author’s Declaration

Acknowledgment

Table of Contents

List of abbreviations

INTRODUCTION

1 HUMAN TRAFFICKING

1.1 Human Trafficking vs. Migrant Smuggling

1.2 ‘Push’ and ‘Pull’ Factors

PUSH FACTORS (Countries of origin)

PULL FACTORS (Countries of destination)

1.3 Forms of Trafficking in Human Beings

1.4 Profile of Victims

1.5 Profile of Traffickers, Characteristics and Modi Operandi of OCGs

Master Trafficker

Primary Traffickers

Secondary Traffickers

Grassroots intelligence

gatherers

2 TRAFFICKING IN HUMAN BEINGS IN THE EU

2.1 THE SCALE AND NATURE OF THB IN EUROPE