51 Amendments of Angelika MLINAR related to 2015/2118(INI)
Amendment 12 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas under Directive 2011/36/EU the following intentional acts are punishable: the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas the own-initiative report on which this opinion is based is limited to an analysis of the implementation of Directive 2011/36/EU;
Amendment 13 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas trafficking in human beings is transnational in nature; whereas a European approach, both in monitoring the phenomenon and in coordinating responses to it, is needed in order to effectively tackle this type of organised crime;
Amendment 14 #
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
– having regard to the Europol Situation Report: Trafficking in human beings in the EU (February 2016)
Amendment 20 #
Motion for a resolution
Recital A
Recital A
A. whereas trafficking in human beings (THB) is a terrible violation of fundamental rights, as outlined in Article 5(3) of the EU Charter on Fundamental Rights, and a violation of the victim's personal integrity and a serious, often organised crime that undermines the rule of law;
Amendment 22 #
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas the exploitation of others for sex shows should be considered trafficking in human beings;
Amendment 23 #
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas new technologies and the internet can facilitate the recruitment of victims and the advertising and selling of services connected with trafficking in human beings on a global scale;
Amendment 23 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas THB is defined in article 2 of Directive 2011/36/EU as the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour of services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs;
Amendment 28 #
Draft opinion
Recital E
Recital E
E. whereas special attention must be given to vulnerable groups such as Roma, children and refugeLGBTI people, domestic workers, undocumented workers, asylum seekers, refugees and children, particularly in the light of the recent Europol report stating that a conservative estimate of around 10,000 unaccompanied child refugees have gone missing since arriving in Europe and registering with the authorities;
Amendment 28 #
Motion for a resolution
Recital B
Recital B
B. whereas THB takes many different forms across many legal and illegal activities, including, but not limited to, agriculture, food processing, prostitutionthe sex industry, domestic work, manufacturing, care, cleaning, other types of forced labourindustries (particularly in the service industries), forced begging, forced marriage, forced prostitution, illegal adoptions and the trade in human organs;
Amendment 43 #
Motion for a resolution
Recital C
Recital C
C. whereas Directive 2011/36/EU (the directive) should be commended for its human rights- and victim-centred approach, where victims of THB are entitled to certain rights and services under international law, regardless of their willingness or ability to take part in criminal proceedings (under article 11.3 of the Directive);
Amendment 46 #
Motion for a resolution
Recital D
Recital D
D. whereas THB can be the result of global economic and social inequalities and further exacerbated by societal inequality between women and men, and is driven by demand and profit;
Amendment 50 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to establish asmake it a criminal offence theo knowingly use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum, sexual exploitation or the exploitation of the prostitution of others, forced labour or services (including begging, slavery and exploitation of criminal activities) and the removal of organs;
Amendment 56 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas societal tolerance of gender inequality and violence against women and girls and the lack of public awareness of the issues surrounding THB perpetuate a permissive environment for THB;
Amendment 58 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the cumulative effect of different types of discrimination on the grounds of sexual orientation or gender identity makes LGBTI people particularly vulnerable to trafficking in human beings; calls on the Member States to address the unique needs of LGBTI people; calls on the Commission to promote the exchange of best practices in this regard;
Amendment 61 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that forced marriage can be seen as a form of trafficking in human beings if it contains an element of exploitation of the victim, and calls on all Member States to include this dimension; stresses that exploitation may be sexual (marital rape, forced prostitution and pornography) or economic (domestic work and forced begging), and that the ultimate aim of trafficking can be forced marriage (selling a victim as a spouse or entering a marriage under duress); stresses that it is difficult for the authorities to detect such trafficking as it takes place in the private sphere; calls on the Member States to provide appropriate refuge services for these victims; calls on the Commission to strengthen the exchange of best practices in this regard;
Amendment 64 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Is concerned at the growing phenomenon of sexual grooming; points out that the victims are often in a state of emotional dependence, which hinders investigative work as they are less easily identified as victims of trafficking in human beings and often refuse to testify against the person grooming them; calls on the Commission to strengthen the exchange of best practices in this regard; calls on the Member States to provide a specific refuge for these victims and to ensure that law enforcement and judicial services recognise their status as victims, in particular if they are minors, so as to avoid stigmatising them for ‘deviant behaviour’;
Amendment 65 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas gender expectations and discrimination are harmful to everyone, with men less likely to admit that they have been the victims of exploitation;
Amendment 66 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Stresses that many victims of sexual exploitation are drugged for the purpose of keeping them in a state of physical and psychological dependence; calls, therefore, on the Member States to provide specialised support programmes for these victims and to recognise this as an aggravating circumstance in their criminal justice response to trafficking in human beings;
Amendment 68 #
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Recalls that Regulation 2015/2219/EU on the European Union Agency for Law Enforcement Training (CEPOL) provides for CEPOL to promote, in its training activities, common respect for, and understanding of, fundamental rights in law enforcement, such as the rights, support and protection of victims, including safeguarding the rights of victims of gender-based violence; stresses the importance of these provisions in the context of trafficking in human beings, given the vulnerability of the victims, and calls on CEPOL to take full account of this dimension in the development of all future training;
Amendment 69 #
Motion for a resolution
Recital I
Recital I
I. whereas children make up approximately 16 %10 of registered victims of THB andof which girls make up to 13 %11 , and whereas they are particularly vulnerable, with child victims facing severe and lasting physical, psychological and emotional harm; __________________ 10 11Idem, Eurostat report. Idem, Eurostat report. 11 Idem, Eurostat report. Idem, Eurostat report.
Amendment 76 #
Draft opinion
Paragraph 3
Paragraph 3
3. CNotes that Directive 2011/36/EU prohibits the criminalisation of victims of trafficking in human beings; calls on the Commission to come forward with proposals that create consistency in EU legislation, to ensure that victims of THB are entitled to proper support and assistance; calls on the Commission to strengthen the exchange of best practices on protection of victims;
Amendment 77 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to critically assess their registration of refugees and the appropriate services and care structures as this group, particularly unaccompanied minors, are very vulnerable to exploitation by criminal gangs and subsequent trafficking in human beings;
Amendment 80 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas THB is often perceived as being carried out by only organised criminal groups, but in fact can also be carried out by the victim's family members, friends, relatives, romantic partners, and ordinary employers;
Amendment 81 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on all Member States to effectively guarantee the rights of victims, in particular by providing access to legal aid, legal assistance and psychological and medical support, including the right to an abortion for victims of sexual exploitation; notes that Directive 2012/29/EU lays down minimum standards on the rights, support and protection of victims of crime and that the implementation of Directive 2011/36/EU should be analysed in the light of the provisions of Directive 2012/29/EU;
Amendment 83 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the majority (70%) of suspected, prosecuted and convicted traffickers are male, although female perpetrators form a sizeable minority (29%) and can play a significant role in the process of THB1a , especially in the case of child trafficking; __________________ 1a 2015 Eurostat report
Amendment 84 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to assess the effectiveness of cooperation between the Member States and Europol in combating trafficking in human beings; stresses the importance of systematic exchange of data and of all Member States contributing to the European databases used for this purpose, including the Europol databases Focal Point Phoenix and Focal Point Twins; stresses the need for border guards and coast guards have access to Europol databases;
Amendment 86 #
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas THB as a concept is distinct from slavery and broader discussions of exploitation; whereas not all types of exploitation would qualify as THB;
Amendment 87 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to investigate further, in the light of Directive 2011/36/EU, the role of the internet, social networks and new technologies in trafficking in human beings, in particular with regard to sexual exploitation on pornographic sites and sites offering online sex shows;
Amendment 89 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on Europol and the Member States to strengthen their action against recruiters, whether via a proactive approach or on the basis of a victim’s testimony in accordance with Article 9 of Directive 2011/36/EU; stresses that recruiters use a variety of channels, including social networks and internet sites (online recruitment agencies); calls on the Commission to expand the mandate of Europol’s EU IRU (EU Internet Referral Unit) in the fight against trafficking in human beings;
Amendment 90 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Commission to develop a privileged partnership with the major internet companies and to keep Parliament duly informed;
Amendment 92 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. RegretStresses that the gender dimension is notmust be consistently monitored in the implementation of EU anti-trafficking legislation and urges the Commission to take it into account in its reporting; continue to monitor this in its assessment of Member States' compliance and implementation of the Directive;
Amendment 93 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for better implementation and monitoring of Article 8 of the directive, so as to ensure the non-prosecution and non- application of penalties to victims of THB, and emphasises that this includes the non- application of penalties for persons in forced prostitution and non-punishment for irregular entry or residence in countries of transit and destination;
Amendment 106 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the majority (71%) of victims of THB identified within the EU are EU citizens1a ; stresses that this must be taken into account when developing identification systems in order to better identify all victims of THB; __________________ 1a Europol, Situation Report: Trafficking in human beings in the EU (February 2016)
Amendment 107 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle trafficking in beings;
Amendment 112 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that all counter-trafficking efforts must balance the focus on prosecution with a responsibility to protect victims; notes that support for victims plays an important role in prevention of THB, as victims who are well supported, are more able to recover from the trauma of their experience, assist in the prosecution of offenders and inform policy making, as well as avoid being re- trafficked;
Amendment 115 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the huge and increasing role of the internet in the recruitment of victims and the exchange of information between criminal networks; calls on the Member States to ensure that their respective anti- trafficking policies take account of this and that law enforcement efforts addressing cyber technologies have the gender expertise needed to tackle this in the best way, particularly relating to THB for the purposes of sexual exploitation, both in terms of recruitment of victims and the advertisement of sexual services that are the result of THB;
Amendment 121 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that the identification of victims remains one of the most difficult and incomplete aspects of implementation, but stresses that this does not diminish the responsibility of the Member States to protect these vulnerable people; highlights that by the coercive and deceptive nature of the crime, victims may be unable to recognise their own vulnerability;
Amendment 125 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officerlaw enforcement authorities, noting that according to regulation (EU) 2015/2219 CEPOL should promote common respect for and understanding of fundamental rights in law enforcement, including the rights, support and protection of victims; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 139 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. CStresses that under Article 18.3 of the Directive Member States have an obligation to train officials likely to come into contact with victims or potential victims of THB; calls on the Commission and the Member States to work together to create gender-sensitive training programmes for persons coming in contact with victims of THB in an official capacity, including police officers, border officers, judges, magistrates, lawyers, front-line medical staff and social workers; stresses that training should include the development of understanding on gender- based violence and exploitation, the detection of victims, the formal identification process and appropriate, gender-specific assistance for victims;
Amendment 150 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that while sexual exploitation of children is illegal in all Member States, this does not prevent trafficking of children for sexual exploitation; calls on the Commission to examine how the demand for sexual services drives THB including child trafficking, and how best to reduce demand;
Amendment 165 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member States; calls on the Commission to further examine any links between demand for sexual services and THB;
Amendment 172 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that sham marriages can qualify as THB under certain circumstances if there is a forced or exploitative element, and women and girls are more likely to become victims; regrets the lack of harmonisation of EU legislation regarding sham marriage as there is often overlap with other forms of THB such as forced prostitution;
Amendment 175 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Stresses that proactive prevention strategies contribute to breaking the cycle of trafficking; calls on Member States to take more proactive preventative actions such as targeted workshops with vulnerable groups and education activities in schools;
Amendment 192 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that victims of THB require specialised services, including access to safe short and long-term accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services, and (re)integrlegal redress, compensation, travel assistance, language and other education, vocational training, job placement, (re)integration, family mediation and resettlement assistance, and that these services should be further individualised case by case, with specific consideration given to the issue of gender;
Amendment 195 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses that the gender dimension of THB shows an obligation for Member States to address it as a form of violence against women and girls; highlights that more attention must be paid to the exploitative dynamic and the long-term emotional and psychological harms that are associated with this; asks the Commission to come forward with a legislative proposal on violence against women and girls that includes THB;
Amendment 200 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising any needs that may be specific to the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for victims of all genders;
Amendment 211 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to provide free legal assistance to all of those who either self-identify, or meet an adequate number of the criteria for identification, as victims of THB, to help them access their rights, compensations and/or legal redress;
Amendment 221 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Member States to assess the possibility of extending the minimum 30-day recovery and reflection period for women and girls trafficked for the purposes of sexual exploitation, given the significant and sustained harms of this form of violence against women;
Amendment 230 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes that despite the clear definition of THB given in the Directive, a number of different definitions have been adopted in Member States’ national legislation; calls on the Commission to conduct research on this and to report on what these differences in definition mean practically for the application of the directive; stresses the importance of conceptual clarity in order to avoid conflation with other related but separate issues;
Amendment 232 #
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Notes that stakeholders generally confirm that the vast majority of victims of THB go undetected; recognises that the trafficking of certain vulnerable groups such as (homeless) youth, children, disabled and LGBTI people, has been somewhat overlooked; stresses the importance of improved data collection to enhance victim identification efforts with regard to these groups and developing best practice in dealing with the specific needs of these victims:
Amendment 239 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Asks that the Commission produce a study on the links between different types of trafficking and the routes between them, as victims are often exploited in different ways simultaneously or move from one type of trafficking to another;