46 Amendments of Maria NOICHL related to 2020/2029(INI)
Amendment 14 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to Directive 2011/93/EU of the European Parliament and of the Council of13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision2004/68/JHA,
Amendment 43 #
Motion for a resolution
Recital A
Recital A
A. whereas trafficking in human beings (THB) constitutes modern-day slavery and isa violation of human dignity, of the physical and psychological integrity of a human being, a modern-day slavery surrounding us in our everyday life, and a profound violation of fundamental rights, as outlined in Article 5(3) of the Charter of Fundamental Rights of the European Union;
Amendment 54 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas trafficking in human beings is a highly gendered crime, with nearly three quarters of all victims in the EU being women and girls, mainly trafficked for sexual exploitation;
Amendment 55 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there are many forms of trafficking, but they are all based on the abuse of the inherent vulnerability of the victims and aimed at the exploitation of human beings;
Amendment 62 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas trafficking in human beings is a form of organised crime and thus demand and profit driven; whereas the reduction of demand, also with regards to the sexual exploitation of women and girls, needs to be a focus in the fight against trafficking;
Amendment 65 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. Whereas trafficking is a highly gendered phenomenon and sexual exploitation remains the most prevalent form of trafficking in the EU since 2008;
Amendment 66 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 70 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas societal tolerance of gender inequality and violence against women and girls and the lack of public awareness of the issues surrounding THB perpetuate a permissive environment for THB and a culture of impunity;
Amendment 72 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas physical, psychological and sexual violence are constitutive elements of trafficking for sexual exploitation and violence against women and the EU ratification of the Istanbul Convention could complement EU und Member States efforts in the fight against trafficking in human beings;
Amendment 77 #
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the last years have shown that migrants and asylum seekers are particularly at risk of being trafficked; whereas, among these, unaccompanied minors and women are a special target group for trafficking networks;
Amendment 79 #
Motion for a resolution
Recital A f (new)
Recital A f (new)
Af. whereas all monitoring reports show that almost 10 years after the Directive’s adoption obstacles to its full implementation on Member States’ level remain with most victims remaining undetected and prosecution and convictions of perpetrators remaining low;
Amendment 80 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas trafficking in human beings is a complex transnational phenomenon that can be tackled effectively only if the EU institutions, Member States and international organisations work together in a coordinated manner;
Amendment 85 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. whereas THB is a crime driven by high demand and profits, estimated at of EUR 29,4 billion a year, according to Europol; whereas differences between legislation in Member States greatly facilitate the activities of organised crime, there is still too low risk of prosecution and a high level of impunity and the sanctions applied to deter this crime are inadequate in comparison with the high profits;
Amendment 87 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Whereas law enforcement authorities in the EU have witnessed a considerable increase in intra-EU trafficking and that nearly half (49%) of all victims of trafficking in the EU are EU citizens and more than one third (27%) of all EU victims are trafficked internally within one’s own country;
Amendment 89 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out the need for a coordinated and coherent framework at EU level that guarantees the protection of victimsstrengthening of the prevention of THB and the protection of victims of THB with the aim of a complete elimination of THB, including through coordinated implementation with the rights conferred by the Victims’ Rights Directive, the Residence Permit Directive and the Compensation Directive15 as human trafficking is a global crime and cannot be dealt with at national level only; _________________ 15 Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, OJ L 261, 6.8.2004, p. 15.
Amendment 104 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of the funding of the Asylum, Migration and Integration Fund (AMIF), the Daphne Program and Internal Security Fund (ISF) programmes to continue to be used for projects tackling THB, as well as using other available instruments, such as the Rights, Equality and Citizenship Programme, EMPACT actions, EU-UN Spotlight Initiative, the EU Trust Fund for Africa, Glo.Act Initiative, the Development Cooperation Instrument and the European Development Fund;
Amendment 119 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that the lack of consistent and detailed data continues to hamper the adequate assessment of trends in THB; calls on the Member States to collect more up-to-date data disaggregated by age and gender and including internally trafficked people, by compiling statistical information in cooperation with civil society; and relevant international organisations while respecting the rights of trafficked persons to privacy and autonomy and to protect their personal data;
Amendment 141 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to monitor the use of digital technologies, internet and social media for THB as the predominant tools used to recruit trafficking victims and to regulate third party responsibility for technology companies hosting exploitative materials;
Amendment 159 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that the early identification of victims remains one of the main challenges to implementation, and is one of the most crucial in terms of enabling victims to exercise their rights; calls on the Member States to give more actors responsibility and awareness raising possibilities for identifying victims of THB at all stages of the process, including civil society representatives, immigration and asylum officials, labour inspectors, law enforcement officers and social workers or healthcare staff;
Amendment 163 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on all Member States to ensure that early expert legal intervention and advice is provided to potential victims of THB at the earliest possible moment, including accessible information about their legal rights and options;
Amendment 167 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on all Member States to effectively guarantee the rights of victims and to support them with a gender- sensitive approach while ensuring complementarity with the Victims’ Rights Directive; notes that the Anti-Trafficking Directive prohibits the criminalisation of victims of THB calls therefore for a deeper analysis of the effects of this pandemic on potential victims of THB and the structure and functioning of THB in general in order to create specific measures to eliminate THB;
Amendment 191 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that while the full impact of the COVID-19 pandemic is not yet measureable, it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of THB, especially women and children; calls on Member states to ensure effective functioning of NRMs and equivalent systems and that they should be updated to respond to emerging THB trends during the COVID- 19 pandemic;
Amendment 220 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Member States to ensure gender-specific provision of services and supports to victims of THB that is appropriate to their needs, recognizing any needs that may be specific to the form of trafficking to which they have been subjected; Calls on the Member States to address the needs of LGBTI people, as they are highly vulnerable to THB due to the cumulative effect of different types of discrimination on the grounds of sexual orientation and gender identity;
Amendment 231 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights that sexual exploitation remains the most prevalent form of trafficking in the EU since 2008, as 60 % of victims are trafficked for sexual exploitation; notes that more than 90 % of these victims are women and girls, and that more than 70 % of traffickers are male thus reflecting power structures in our societies;
Amendment 245 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges therefore the Member States to adopt specific measures to address violence against women and, structural gender inequalities and gender stereotypes as the root causes of trafficking; recommends that the Commission strengthen and develop the gender dimension in the monitoring of the implementation of EU anti-trafficking legislation;
Amendment 272 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Member States to focus on the recurring and emerging patterns of THB for sexual exploitation, such as the increasing exploitation of children and women and the use of the ‘lover boy’ method as the most frequent means of recruiting victimsattracting and making victims compliant by using online technologies;
Amendment 280 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Highlights the importance of gender-sensitive training programmes for all officials attending victimsthat are dealing with trafficking cases, investigations, and potential victims in order to enhance the early identification of those who are victims of trafficking for sexual exploitation and encourages Member States to adopt measures to support victims, such as exit programmes, social and professional reintegration or sexual health servicepsychological support measures, decent social and professional reintegration opportunities or access to sexual and reproductive health services and related rights; underlines in this regard as well the importance of awareness programmes for the general public in order to identify and protect potential victims;
Amendment 293 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Member States to adopt comprehensive sexuality education as a key form of prevention of all forms of violence against women and girls including trafficking and sexual exploitation, to include consent and relationships education promoting healthy attitudes of respect and equality in all interactions and the reality of prostitution and THB for sexual exploitation;
Amendment 311 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the EU20 ; points out that there has been a sharp increase in the number of women and girls trafficked through the Central Mediterranean route for sexual exploitation in the EU21 ;calls on the Member States and the EU to find these women and girls and to prevent similar cases in the future by using a coherent and coordinated rights-based and gender-sensitive approach to prevent and address human trafficking; _________________ 20Second progress report, COM(2018)0777; Europol, European Migrant Smuggling Centre (EMSC), 4th Annual Report, 2020; Europol, Situation Report ‘Trafficking in Human Beings in the EU‘, 18 February 2016. 21 Second progress report, COM(2018)0777, p. 3.
Amendment 341 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to ensure a coherent application of the provisions set out in the Dublin III Regulation, the Anti-Trafficking Directive and the Residence Permit Directive to prevent the practice employed in some Member States of transferring victims of human trafficking to the country where they were exploited when they first arrived, thereby leaving them more exposed to the risk of being re-trafficked and retraumatised;
Amendment 352 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points to the need to set up national mechanisms for data collection on THB victims in international protection procedures to be able to ensure follow up on identified cases;
Amendment 355 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on Member states to extend the International Protection granted to victims of human trafficking to their family members after having assessed the potential involvement of these relatives in the trafficking process;
Amendment 356 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on Member states to swift procedures of family reunification of those family members of the victims at risk in the country of origin;
Amendment 357 #
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23d. Is concerned that the recovery and reflection period is linked to cooperation by the victim during the investigation and is granted by law enforcement agencies; deplores that the period does not apply to EU/EEA nationals nor to asylum seekers; calls on the Commission to monitor the implementation of available legal solutions at Member states level, in particular the granting of a recovery and reflection period;
Amendment 371 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on Member states to provide more safe and legal routes for migration in order to prevent the exploitation of vulnerable individuals;
Amendment 376 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Member states to ensure strong child protection measures, presumption of childhood and child age assessment, the protection before and during criminal proceedings, access to unconditional assistance, compensation, non-punishment, assistance and support to the family member of a child victim as well as prevention;
Amendment 377 #
26. Calls on the Member States to focus on identifying child victims and helping them to avail themselves of their rights; recalls the obligation of Member States to pay special attention to child victims of trafficking and to provide special protection to children in criminal procedures, with the best interests of the child being considered paramount at all times; emphasises the need for guardians, including temporary guardians as an emergency measure, to be appointed immediately for child victims;
Amendment 391 #
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes with high concern the prevalence of child sexual abuse and normalisation of trafficking and sexual exploitation of children, and calls for the regulation of pornographic sites and hosting platforms to ensure full prevention of the risk of such materials becoming available and normalized;
Amendment 424 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Points out that not all Member States have introduced legislation relevant to Article 18 of the Anti-Trafficking Directive27 ; notes that the differing legal landscapes on criminalising the use of services exacted from victims may hampers efforts to reduce demand; reiterates its urgent call on the Member States to establish the act of knowingly using the services of victims of human trafficking as a criminal offence; _________________ 27 Second progress report, COM(2018)0777, p. 29.
Amendment 437 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of financial investigation and ‘following the money’ as a key strategy for investigating and prosecuting the organised crime networks that profit from THB; calls on the Commission to assess and promote the use of existing judicial and police cooperation, and the available toolsMember States to launch financial investigations and work with money laundering specialists when starting a new trafficking investigation; calls on Member States to strengthen cooperation in freezing and confiscating the assets of individuals involved in trafficking and providing compensation to victims; calls on the Commission to assess and promote the use of existing judicial and police cooperation, and the available tools, such as mutual recognition of court judgments, joint investigation teams and the European investigation order;
Amendment 453 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the role of EU agencies in the early identification of victims and the fight against THB; calls for more resources for the Justice and Home Affairs (JHA) Agencies to enable their staff to be trained and capacity-building instruments to be developed in the area of detecting victims, including the appointment of gender- trained agency officers, especially in the Member States faced with increased mixed migratory flows; calls on the Commission to develop guidelines to mainstream gender expertise in the activities of law enforcement authorities across the EU, including by developing sustained programs of improving gender balance in decision-making processes and in the staff of the JHA agencies relevant to trafficking;
Amendment 461 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Encourages Member States to increase exchange of data and information by using Europol’s resources and databases such AP Phoenix, AP Migrant Smuggling and AP Twins;
Amendment 470 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to amend the Anti-Trafficking Directive with a view to updating its provisions, including the establishment of specific measures for the prevention and prosecution of trafficking for sexual exploitation as the largest area of THB, to address the use of online technologies in both the proliferation and the prevention of THB, to conduct evidence-based research on risk factors for potential victims as well as in societal structures and policies like labour market governance or migration and mobility policies that intersect with trafficking in persons in risk sectors, to improve measures for prevention and the early identification of victims, and to strengthen a horizontal gender perspective across all forms of trafficking, as well as to ensure that Member States explicitly criminalise the use of all services which involve exploitation;
Amendment 476 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to review implementation of the Anti-Trafficking Directive by Member States and introduce infringement procedures where there has been a lack of effective implementation;
Amendment 484 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Emphasises the importance of a coherent approach to improve the identification of potential victims in the context of migration flows and in the hotspots, of improving access to asylum procedures and of ensuring their complementarity with the procedures related to trafficking; calls on the Commission to regularly assess the implementation of the Anti-Trafficking Directive by the Member States, introduce infringement procedures where there has been a lack of effective implementation, report to the European Parliament and to come forward with proposals to revise it;
Amendment 487 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Commission to review the application of Directive 2004/81/EC on granting residence permits to victims of trafficking who are third country nationals ensuring that victims are not returned upon expiry of reflection period, calls on the Member States to grant that the unconditional access to assistance and support mandated by Directive2011/36/EU is reconciled with Directive 2004/81/EC and its application; calls on the Commission to review Directive 2004/81/EC to ensure that residence permits for trafficked persons are not made conditional to the participation or willingness to participate of the trafficked person in the investigation or criminal proceedings of the case;