THE OSCE CHALLENGED - NHC/IHF

PART II: OSCE PRIORITIES AND PERSPECTIVES FROM CIVIL SOCIETY
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focal group on trafficking in human beings
“Put trafficking on the political agendas”

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The discussions in the focal group results in several conclusions and recommendations.
Firstly, the main responsibility for the prevention of human rights abuses rests with states. Governments should ensure transparency and accountability in their programs and policies. States should also ensure the ability of NGOs to provide assistance in various forms through budgetary and other means.
Secondly, as prevention of trafficking in human beings is a relatively neglected area, more efforts, resources and commitment should be given to the promotion of the progressive attainment of social and economic rights and the promotion of real gender equality. In achieving these efforts, state organs should build a constructive cooperation with NGOs.
Thirdly, the protection of trafficked persons’ human rights should be at the centre of all efforts to prevent and combat trafficking and to provide protection, assistance and redress to victims. Thus anti-trafficking programs themselves should not infringe on human rights, such as the right to freedom of movement and the right to privacy, either through the activities of law enforcement agencies (which may victimize the trafficked person) or through the activities of migration centres or through measures that further stigmatise or marginalize already vulnerable groups.
Fourthly, the role of international organizations should be to assist governments to establish a common legal framework and to promote cooperation and mutual responsibility of OSCE-participating states. International organizations should promote efforts at national level, including that of the NGOs, in providing adequate protection for victims and effective prosecution of perpetrators.
Fifthly, the OSCE Special Representative on Trafficking in Human Beings should:

have a clear human rights mandate; to ensure accountability for the implementation of the integration of a human rights perspective, the promotion of the achievement of social and economic rights and de facto gender equality, and the strengthening of the role of civil society, including the role of NGOs;
have the resources, financial and otherwise, to exercise this mandate, including the resources to carry out research;
be independent;
have the confidence of the NGO community;
ensure that OSCE-participating states are held accountable for their failure to adopt and/or implement regulations in accordance with their OSCE commitments.

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Ms. Anne Offermans (Netherlands Helsinki Committee): “the OSCE Special Representative on Trafficking in Human Beings should be independent.”

Report by Ms. Nicole Versteegen (Netherlands Helsinki Committee)

Ms. Anne Offermans (Netherlands Helsinki Committee) as Chairperson of the Focal Group on Trafficking in Human Beings, opens the meeting by pointing out that the focus of the discussion will be primarily on obstacles, problems and dilemmas within countries, and actions that might be taken by the Special Representative of the OSCE on Trafficking in Human Beings.

Ms. Lenke Fehér (White Ring) introduces the subject (?) by focusing on the Hungarian situation. Ms. Fehér (also Legal Adviser of the Hungarian Academy of Sciences, National Institute of Criminology), refers to the White Ring as being the largest NGO in Hungary that deals with problems of trafficking in human beings. However, this organization experiences many obstacles and cannot solve all problems on its own. Ms. Fehér summarizes the problems in terms of financial resources; limited cooperation between NGOs; limited cooperation between NGOs and the state; and judges and public prosecutors lacking expertise. Ms. Fehér discusses the case of Hungary and stresses the role of NGOs in court procedures. NGOs are duly authorized to represent victims of trafficking. However, in practice this barely happens. She also observes that for victims, giving testimony can be difficult. Finally, Ms. Fehér observes that the definition of organized crime is very limited in Hungary and difficult to apply in cases of trafficking.

The ensuing discussion focuses on the role and tasks of the OSCE Special Representative to be decided upon in the 11^th OSCE Ministerial Council.

Ms. Madeleine Rees (OHCHR Bosnia Office) states that the OSCE is late in dealing with trafficking in human beings. Ms. Rees is rather cynical about the current policies of OSCE-participating states addressing this subject. Ms. Rees gives migration policies as example, policies which are very restrictive and ineffective. Moreover, she observes the ineffective use of resources, since the victims are arrested instead of the offenders. There are no prevention policies, nor evaluations. She focuses attention on the fact that OSCE-participating states are not being held accountable. Ms. Rees recommends the use of existing structures and resources for prevention. She points out the need of mainstreaming the gender perspective in all OSCE policies and activities, and states that OSCE activities need to be developed at grassroots level. There also is a need for very specific and strong recommendations to the Special Representative, including sanctions.

Others suggest to install independent national coordinators or Rapporteurs in each OSCE country, who should be supported by a team of NGOs. The importance is mentioned of using existing structures, civil society and all available knowledge. Moreover, such Rapporteurs should have enough resources to carry out their tasks.
Some suggest a national referral mechanism, in order to bring together all parties involved in this issue at national level.

Ms. Anne Offermans (Netherlands Helsinki Committee) suggests the following measures:

NGOs should have access to the Special Representative;
OSCE-participating states should be held accountable;
the Special Representative should be independent;
the Special Representative should have enough financial resources for research.

Ms. Anna Korvinus (Netherlands Rapporteur on Trafficking in Human Beings) says that the Special Representative needs to be strengthened, also at national level. It is important that this person can put the question of trafficking in human beings on national and international agendas.

Ms. Marianne Wijers (Clara Wichmann Institute) argues that current methods of putting the subject on political agendas are counter-productive, since OSCE-participating states have their own agendas, and human rights issues are not their priority. The Special Representative should have a clear human rights mandate, including the integration of a human rights perspective. The Representative should be able to start research independently, also at NGOs’ requests.

Ms. Madeleine Rees (UNHCHR Bosnia Office) draws attention to three issues:

human rights implementation through national mechanisms in countries;
responsibility of OSCE-participating states for implementing human rights and the role of NGOs in assisting them;
prevention as the main goal.

Moreover, Ms. Rees states that the Special Representative should ensure that OSCE-participating states be held accountable and that anti-trafficking measures not infringe on human rights.

Ms. Bärbel Uhl (OSCE/ODIHR) stresses that NGOs could work with mechanisms that are already in place, whatever the mandate and means of the OSCE structure will be. Ms. Uhl suggests using the Action Plan (OSCE Decision no. 557, download pdf) as a tool for lobbying. She also reminds the audience of the existing field missions and focal points. Through small grants of the ODIHR, projects can be financed and one should make use of these possibilities.

There is an understanding among the participants that when trafficked persons are sent back from Western countries to the countries of origin without any form of prosecution, the criminals will not be caught.

Mr. Theo Noten, (ECPAT, Defence for Children International) stresses the importance for NGOs dealing with trafficking in children and youth, to cooperate with NGOs such as ECPAT.

Participants from Kyrgyzstan, Moldova and Romania give very interesting insights in the trafficking situation in their respective countries. Especially the situation in Kyrgyzstan and Moldova is highlighted. There is a lack of recognition of the problem by the government. Consequently, there is no political will to change the situation. In practice, law is not working. Law enforcement is hindered by corruption. Victims from both countries, but especially from Moldova, are spread all over Europe. If they are sent back by Western countries, Moldova and Kyrgyzstan cannot solve the problem, as the offenders are still active. The victims themselves are becoming involved in criminal networks. The trafficking routes change al the time. Passports can be easily falsified. 92 % Of those who call the hotline in Kyrgyzstan are jobless persons.

During the ensuing discussion it is stated that there is a flow of illegal labour from the Eastern countries to the West. Both sides profit financially. There seems to be a certain reluctance on both sides to prosecute organizations that organize these transports. Since traffickers in human beings make use of this mechanism, a legal approach to trafficking is hampered.

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