23 Amendments of Ana GOMES related to 2015/2340(INI)
Amendment 13 #
Draft opinion
Paragraph 1
Paragraph 1
1. Insists on the need for the EU to enhance police and judicial cooperation between Member States and with third countries in the prevention, the investigation and prosecution of trafficking in human beings (THB), in particular via Europol and Eurojust, including information sharing, participation in Joint Investigation Teams and in combating recruitment of people for THB through the internet and other digital means; encourages greater cooperation between Europol and Interpol in the fight against trafficking in human beings;
Amendment 18 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on all the Member States to establish National Contact Points on the fight against trafficking in human beings, whose work and actions could be coordinated within a European Centre on the Fight against trafficking in human beings based in Europol, which should be set up on the same model as the Agency's European Counter Terrorism Centre;
Amendment 19 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that trafficking in human beings, as a serious crime which constitutes one of the worst forms of human rights violations, has to be understood in a holistic manner, focusing not only on sexual exploitation, but also - in particular- on forced labour, organ trafficking, forced begging, forced marriages, child soldiers or trafficking of babies;
Amendment 26 #
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THBthe EU Borders Agency, Europol, and EASO, as well as other officials likely to come into contact with victims or potential victims of trafficking in human beings, are provided with adequate training in THB, so as to help them identify and deal with these victims, with an emphasis on the special needs of trafficked women, children and other vulnerable groups, the respect for fundamental rights and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; is of the opinion that this training should be delivered in a harmonised and coordinated manner within the EU; calls for greater attention to be given to this aspect of training in the new EU Borders Agency;
Amendment 31 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on EU and Member State law enforcement agencies to reinforce their capacities as regards financial investigation and prosecution of individuals and criminal networks that profit from THB and to ‘'follow the money’' as a key strategy in their work; underlines that Member States' financial intelligence units should be more involved in the fight against human trafficking and cooperate together to that end through a better exchange of information and best practices; believes that banks should be compelled to assist financial intelligence units in the fight against trafficking in human beings when they are required to do so under law;
Amendment 38 #
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, the main difference being that migrants have consented to the smuggling, which ends with the arrival at their destination, contrary to victims of trafficking who are exploited by means of coercion, deception and abuse, without any possibility of consent; underlines that there can also be a crossover between the two, entailing the risk that criminals groups force refugees and migrants into exploitation as victims of THB, in particular unaccompanied minors and women travelling alone; urges the competent authorities in the Member States to pay attention to this overlap during their police, judicial-cooperation and law- enforcement activities;
Amendment 42 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern that according to Europol at least 10 000 unaccompanied child refugees have vanished after arriving in Europe and having been registered by state authorities, that many are feared to have fallen into the hands of criminal groups, and that there is little information about what happens after their disappearance; deplores that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking to identify victims;
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 47 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Raises the preoccupying issue of administrative detention, often used in a systematic and abusive way by some Member states, while it should be a solution of last resort; underlines that the use of detention very often leads to violations of migrants and asylum seekers' fundamental rights; calls on the Member States to put an end immediately to the detention of victims of human trafficking and children; demands more transparency with respect to the current situation in detention centres (through a better access for civil society, journalists and parliamentarians); calls on the Member States to make a better and more systematic use of existing alternatives to detention, taking into account the needs of vulnerable groups such as victims of trafficking;
Amendment 48 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that no possible consent to perform labour or services should ever be considered valid for a trafficked child, and that there can be no valid consent in a situation where a third country national is taken away from her or his country to go into the EU (or when a EU national is taken away to another Member State) for the purposes of prostitution, any other form of sexual exploitation or forced labour;
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 50 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Recalls Article 82(1) of the Treaty on the Functioning of the European Union provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions, and whereas this should include decisions concerning protection measures for victims of crime, including victims of trafficking;
Amendment 51 #
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Calls on the Member States to guarantee full mutual recognition of decisions concerning protection measures for victims of human trafficking, which means that the status of victim, once granted in a Member State, has to be applicable within the whole European Union; calls for the setting up of a European ad hoc structure for the protection of victims of trafficking, which would be attached to the Commission, and whose task would be to help and assist victims (or associations representing them) in case of non-recognition of their status when they are travelling within the Union, in the framework of judicial or administrative procedures; insists that this new structure should be adequately staffed and resourced in order to fulfil its missions;
Amendment 52 #
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that trafficked people are victims of crime and should benefit from protection regardless of their willingness to cooperate with the law enforcement authorities; considers it essential that, after conducting a comprehensive risk assessment on the viability of the return of a victim of THB, a residence permit should be granted to those victims and their families whose safety upon return to their country of origin might not be guaranteed; calls on the Commission to review Directive 2004/81/EC, including by raising the minimum validation time of a residence permit on the residence permit issued to third-country nationals who are victims of trafficking in human beings, including by raising the minimum validation time of a residence permit; insists that such a revision should change the underlying philosophy of the current directive, meaning that victims of human trafficking should be able to receive a residence permit for protection and assistance, even if they can't cooperate with the competent authorities; underlines that a minimum threshold should be set at the European level for the duration of the reflexion period and that common criteria should be fixed in order to determine its starting point, so that more harmonisation is achieved between Member States; stresses that any return must always be consistent with the principle of non- refoulement;
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 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 82 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Member States to develop awareness and educational programs on the reality of trafficking in human beings and exploitation, including at school;
Amendment 83 #
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
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 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 93 #
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Calls on the EU and the Member States to cooperate with the private sector and all relevant stakeholders, so as to prevent trafficking in human beings along the entire supply chain, taking into account in particular the case of child labour; is of the opinion that this should involve an obligation for companies to report annually on their actions taken against trafficking in human beings and to conduct more labour inspections on sites; underlines the need in that respect to fully and promptly set up the European Business Coalition against trafficking in Human Beings, as outlined in the EU strategy towards the eradication of trafficking in human beings (2012-2016);
Amendment 95 #
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Calls on the Member States to collect more comparable data on the fight against human trafficking and to improve the exchange of such data between them and with third countries, in full respect of EU standards on data protection, so as to be able to better understand and analyse this complex phenomenon; underlines that these data should also cover protection and assistance mechanisms for victims and the results of actions undertaken against trafficking; urges the Commission to publish the implementation report of Directive 2011/36/EU as soon as possible this year, even more considering that it was due to be presented in April 2015;