Activities of Barbara SPINELLI related to 2015/2340(INI)
Shadow opinions (1)
OPINION on the fight against trafficking in human beings in the EU’s external relations
Amendments (33)
Amendment 1 #
Draft opinion
Citation 1 (new)
Citation 1 (new)
- Having regard to the 1951 Geneva Convention relating to the Status of Refugees
Amendment 6 #
Draft opinion
Recital A (new)
Recital A (new)
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 %; whereas different forms of trafficking need to be addressed with specific and tailored policy measures;
Amendment 7 #
Draft opinion
Recital B (new)
Recital B (new)
B. Whereas the closing of the external borders of the European Union makes people more vulnerable to traffickers and exploitation;
Amendment 8 #
Draft opinion
Recital C (new)
Recital C (new)
C. Whereas a new form of trafficking for ransom emerged in the Sinai, especially involving Eritrean refugees, and has, according to estimates by the study "The Human Trafficking Cycle: Sinai and Beyond" by Wolf Legal Publisher, affected 25.000-30.000 people, causing the death of 5.000-10.000 persons, and whereas the torture for extortion has deeply traumatised those directly affected and their families and communities;
Amendment 9 #
Draft opinion
Recital E (new)
Recital E (new)
E. Whereas the victims of Sinai trafficking have not received any specific attention nor protection by EU Member States, lack official papers and urgently need care for physical and mental trauma;
Amendment 10 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
1a. Calls for Member States to implement Directive 2011/36/EC, as well as all relevant legal frameworks on THB, without any delay; urges the Commission to take legal actions against neglecting Member States;
Amendment 29 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that, according to Directive 2011/36/UE Member States should encourage and work closely with civil society organisations, including recognised and active non-governmental organisations in this field working with trafficked persons, in particular in policy- making initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of anti-trafficking measures. Furthermore, NGOs should also assist with the regards to early identification of, assistance to and support for victims;
Amendment 34 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to work closely with Europol, Eurojust and each other in order to investigate the financial aspects and the laundering of money in human trafficking cases. Member States should strengthen cooperation to freeze and confiscate the assets of individuals involved in trafficking 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 36 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Member States to establish as a criminal offence the use of trafficked services and exploitation; in accordance with Article 2(3) of Directive 2011/36/UE the term exploitation covers, as a minimum, sexual exploitation or prostitution, forced labour or services (including begging, slavery and exploitation of criminal activities) and the removal of organs;
Amendment 37 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that migrant smuggling and THB are different phenomena but that the former can easily turn into the latter when smuggled adults and children into the EU end up as victims of THB; urges the competent authorities in the Member States to pay attention to this overlap during their police, judicial-cooperation and law- enforcement activities;
Amendment 41 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of the principle of mutual recognition as a fundamental pillar in the proper functioning of the EU; Calls on the Commission and Member States to strengthen the status of victims of trafficking through mutual recognition of judicial and administrative decisions and legislative measures;
Amendment 43 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes the development of a new form of human trafficking where individuals are being trafficked for ransom with severe torture practices; notes that this new form of commoditisation of human beings is characterised by extortion, beatings and rape as a means to enforce payment of debts from family and relatives residing inside and outside the EU;
Amendment 44 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls the EU and its Member States to recognise human trafficking for ransom with torture practices as a form of human trafficking; considers that the severely traumatised survivors should be recognised as victims of a form of prosecutable human trafficking and receive protection, care and support1a ; __________________ 1aThis new type of trafficking has already been introduced by the EP "resolution of 10 March 2016 on the situation in Eritrea", Paragraph T
Amendment 45 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that it is essential as regards unaccompanied minors to achieve a better and more proactive identification of children victims of trafficking, in particular at border crossings and in reception centres, as well as a stronger multi-disciplinary cooperation to ensure the best interests of the child are effectively protected; underlines that it is also imperative to promptly appoint legal guardians to all unaccompanied children and to ensure that the latter are properly trained; recalls that, according to the Directive 2011/36/EU, "Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child"; believes a durable solution can be found through integration of the child into her or his host society, or facilitation of family reunification in order to enable the child to join her or his family in another Member State;
Amendment 46 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that being a refugee, an asylum seeker, a humanitarian visa holder or a person in need of international protection should be considered as a factor of vulnerability for human trafficking victims; calls on the Member States to ensure that law- enforcement authorities and asylum authorities cooperate in order to help human trafficking victims in need of international protection to lodge an application for protection; reaffirms that measures taken against human trafficking shouldn't adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection;
Amendment 49 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on Member States to fully and properly implement article 8 of Directive 2011/36/EU; recalls that victims of trafficking shouldn't be criminalised and held responsible for criminal activities they were forced to take part in, in particular in case of prostitution, any other form of sexual exploitation or forced labour;
Amendment 60 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes, following UNHCR's guidelines on international protection, that the status of victims of THB and of refugees are closely linked since inherent in the trafficking experience are such forms of severe exploitation as abduction, incarceration, rape, sexual enslavement, enforced prostitution, forced labour, removal of organs, physical beatings, starvation, deprivation of medical treatment. Since such acts constitute serious violations of human rights which generally amount to persecution, said victims of trafficking should benefit from the same guarantees provided by the Qualifications Directive (2011/95/EU);
Amendment 62 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. 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 63 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes that, according to IOM, return of migrants and refugees carries inherent security risks of re-trafficking that must be identified, assessed and mitigated since the risk posed to trafficked migrants by their exploiters often increases when they have managed to escape, interacted with law enforcement officials, or have testified in court 1a ; __________________ 1aSee p.23 of International Organization for Migration (IOM), "Counter Trafficking and Assistance to Vulnerable Migrants Annual Report of Activities 2011"
Amendment 67 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that, when Member States conduct individual risk assessment so as to ensure victims of trafficking receive appropriate protection, including through witness protection programmes, they should take into account vulnerability factors, such as gender, pregnancy, health conditions, disability, sexual orientation, age, and the status of refugee, asylum seeker or a person in need of international protection;
Amendment 69 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages Member States to strengthen the protection and rights of victims of THB before, during and after the criminal proceedings; Urges the Members States to take into account specific needs, cultural context and other relevant factors when determining assistance; calls for Member States to strengthen their family reunification policy for victims of THB, particularly where this is required for their protection;
Amendment 71 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls Member States in this regard to facilitate family reunification for victims of trafficking to extended family members and to remove discriminatory requirements and limitations (e.g. age or time limitations, minimum income requirements above minimum wage);
Amendment 74 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that Member States should develop systems of protection and assistance for victims so as to help them finding a way out of exploitation, by providing first and foremost adequate housing, which shouldn't be conditional on the lawful stay of the victim, but also counselling and information, social, educational and professional support, reintegration programmes, therapeutic and psychological care, in conjunction with social and educational actors;
Amendment 76 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reiterates its call for the systematic inclusion of binding, enforceable and non-negotiable human rights clauses in the EU's international agreements, including trade and investment agreements concluded or to be concluded with third countries;
Amendment 80 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Reiterates that the Generalised System of Preferences was aimed at ensuring that beneficiary countries respect the principles of international human rights conventions and core labour standards, and includes a special scheme of supplementary tariff preferences to promote the ratification and effective implementation of core international conventions on human and labour rights, environmental protection and good governance; reiterates that failure to comply with these conditions can lead to a trading arrangement being suspended; stresses the importance of regular monitoring and assessment of the implementation of international conventions by countries benefiting from GSP+;
Amendment 81 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Stresses that NGOs and individuals working to protect and help victims of THB should not be held responsible of any crime;
Amendment 83 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
Amendment 85 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Deems it necessary to harmonise and strengthen guardianship system in EU Member States to prevent unaccompanied and separated children from falling into the hands of organised trafficking organisations; calls the Commission to fully implement the action plan on unaccompanied minors for 2010-2014 and to propose specific tools in collaboration with Member States to introduce minimum common standards based on best practices regarding the mandate, functions, quality and skills of the guardians;
Amendment 89 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Considers that safe and legal ways of entry to the EU would decrease vulnerability and trafficking in human beings;
Amendment 90 #
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Believes that Member States should make better use of NGOs' expertise which are active in the fight against trafficking in human beings, so as to enrich existing tools for identification, assistance and protection of victims;
Amendment 91 #
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Recommends to the international community to give particular attention to the issue of THB in crisis environments, such as environmental disasters and armed conflicts, as well as in countries where human rights are severely violated and where people have no choice but to leave the country, in order to decrease victims' vulnerability to traffickers and other criminal networks;
Amendment 92 #
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Calls on the Member States to establish better systems for monitoring the activities of private employment agencies having third countries citizens travelling to the EU for the purpose of labour;
Amendment 94 #
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Recognises the importance and the role of information and communications technologies in THB. Technology is used to facilitate recruitment and exploitation of the victims, but can also be used as a tool to prevent THB. More research should focus on the role of information and communications technologies in THB;