SPECIAL COMMITTEE

AGAINST TRAFFICKING IN HUMAN BEINGS

NATIONAL ACTION PLAN

TO COMBAT TRAFFICKING IN HUMAN BEINGS

ATHENS

DECEMBER 2006

SPECIAL COMMITTEE

AGAINST TRAFFICKING IN HUMAN BEINGS

NATIONAL ACTION PLAN

TO COMBAT TRAFFICKING IN HUMAN BEINGS

  1. Updated Program
  2. Progress Report

ATHENS

DECEMBER 2006

The National Action Plan is the work product of the Special Committee for the political coordination and implemetnation of the provisions of the Law 3064/2002 and the introduction of legislative or other measures “To Combat Trafficking in Human Beings” .

The members of the Special Committee are:

  • Panagiotis PANOURIS, Secretary General, Ministry of Justice, Chairman.
  • Athanasios VEZYRGIANNIS, Secretary General, Ministry of Interior, Public Administration and Decentralization.
  • Evgenia TSOUMANI, Secretary General, for Equality, Ministry of Interior, Public Administration and Decentralization.
  • Georgios MERGOS, Secretary General, Ministry of Economy and Finance.
  • Ambassador Charalambos ROCANAS, Secretary General, Ministry of Foreign Affairs, Spokesperson.
  • Andreas KARAMANOS, Secretary General, Ministry of National Education and Religions.
  • Dimitrios KONTOS, Secretary General, Ministry of Employment and Social Protection.
  • Vasilios RIZAS, Secretary General, Ministry of Health and Social Solidarity.
  • Konstantinos Ailianos, Secretary General, Ministry of Public Order.

Acting Secretary of the Committee is Mrs. Christina PRAPIDI, Attorney.

The following persons also took part in the works of the Committee:

  • The President of the NationalCenter of Social Solidarity (EKKA), Dr. Andreas MILIOS,
  • From the Ministry of Interior, Public Administration and Decentralization, Mrs. Sotiria KASNAKOUDI (Directorate of Migration) and Mrs. Athina CHRISTODOULOU, legal associate of the General Secretariat for Equality.
  • From the Ministry of Economy and Finance, Mr. Gerasimos NIKOLATOS, Head of the Directorate of Social Policy.
  • From the Ministiry of Foreign Affairs, Ambassador Mr. Frangiskos VERROS, Dr. Heracles MOSKOFF, Expert Counsellor on Human Security and Trafficking in Human Beings and Dr. Angelos SYRIGOS, Lecturer of international law.
  • From the Ministry of Public Order, Police Vice-Commissioner Mrs. Antonia ANDREAKOU (Directorate of Public Security).
  • From the Ministry of Justice, Mrs. Ioanna VOULGARAKI (Division of the European Union).

Introduction

The global increase of illegal migration led to a dramatic increase of two crimes that until the beginning of the 90’s were limited, at least in Europe. Currently, all European states are faced with the following:

a)Development of channels that promote smuggling of illegal migrants and

b)Traffickingin human beings for sexual and economic exploitation.

Contrary to the networks connected with illegal immigration, which are comparatively limited, trafficking in human beings is an every-day crime that affects large segments of society.

Greece’s geographical position, its high living standards and the fact that it is a member of the European Union, make it attractive for criminal networks engaged in human trafficking. According to human trafficking statistics, Greece can be considered as a “destination country” of trafficking victims.

Since 2001, Greece started in a more consistent manner to combat with trafficking in human beings. A significant step was the establishment of the Task Force Against Trafficking in Human Beings, known as OKEA, under the jurisdiction of the Ministry of Public Order. This Group, with its inter-ministerial and inter-disciplinary composition, aimed at changing the legal framework and raising awareness on this problem. During this period, the first part of the legal framework to combat human trafficking was created through the revision of the relevant articles of the Penal Code the introduction of specific articles on trafficking by means of the Law 3064/2002 and the Presidential Decree 233/2003.

In May 2004, by incentive taken by the Minister of Justice, Mr. Anastasis Papaligouras, a special committee was established, with the participation of the Secretaries General of eight competent Ministries, aiming at coordinating, at political coordination of the actionsagainst trafficking in human beings. The Committee was assisted by experts, operational authorities and officials (law enforcement officers, prosecutors) and specialized Non-governmental Organizations.

The Committee completed in July 2004 an integrated Action Plan against human trafficking, at national level. That program, entitled Actions against Trafficking in Human Beings was based on the coordination of the involved ministries and covered the entire spectrum of the actions related to trafficking:

-Monitoring of the phenomenon/locating the victim

-Identification and protection of the victim

-Established and operation of shelters

-Medical and psychological support

-Legal aid and administrative assistance

-Voluntary/ humanitarian / assisted repatriation

-Social rehabilitation projects in countries of origin

-Education, vocational training and employment integration of the victims that remain in Greece

-Police training and education

-Education of judicial officials and prosecutors

-Raising public awareness

These axes remain until today the guiding principles for the framework of actions of the National Action Plan.

The second part of the legal framework was established by virtue of the law 3386/2005 (Official Gazette A’ 212), concerning the “Entry, stay and social integration of third countries citizens in the Hellenic territory”. Articles 46-52 of the Law 3386/2005 provide specifically for the definition of the victim of human trafficking and regulate in a comprehensive manner the issue of protection and assistance to the victims of human trafficking.

A landmark in the operation of the special committee was the signing of a Memorandum of Understanding with twelve non-governmental organizations and the International Organization for Migration (IOM) to Combat Trafficking in Human Beings and Assistance to the Victims. The Memorandum specified the general cooperation terms between the Special Committee and the Non-governmental Organizations in order to ensure effective protection and assistance to the victims of human trafficking. Among others, the Memorandum provides for accommodation offered by Non Governmental Organizations, assistance in victim identification, social and administrative assistance, psychological support, free medical and health care, legal aid and training of competent authorities responsible to identify and assist victims of human trafficking (officers, prosecutors).

In May 2006 the Minister of Justice, proceeded with upgrading the special committee at Secretaries General level. A special committee was established in order to coordinate, at political level, the works for the application of the provisions of the law 3064/2002 and the introduction of legislative or other measures “To Combat Trafficking in Human Beings”. (No. 41396 by the Minister of Justice (Official Gazette B’ 493/18.4.2006) and addendum No. 41404 (Official Gazette No. 581/9.5.2006). This action enhanced the powers of the original special committee, at Secretaries General level, so that it would be able to introduce legal proposals or other measures in terms of dealing with human trafficking. Currently, each one of the eight competent ministries have points of contact with secretarial support so as to ensure the uninterrupted monitoring of the developments and pending matters.

Immediate Priorities

The immediate priorities of the Special Law Preparation Committee are:

a)Promoting a more active role for the Non Governmental Organizations in the victim’s screening and referral procedure of the victims (Memorandum of Understanding). To this end, there will be a special Annex/Addendum to the Memorandum of Understanding between the Special Law Preparation Committee and the Non Governmental Organizations. It will include special services to be rendered by each NGO (shelters, NGO expertise, employment of specialists and experts), so as to avoid overlapping and to facilitate the separation of roles of each involved agency in the field of identification, assistance and referral of the victims. After that, the Annex addendum will be distributed to the authorities so that they be aware of the special services that each NGO is able to provide, which, among others, may lead to their participation on the identification procedure with specialists who will facilitate the authorities to identify whether a person is a victim within the scope of article 187 of the Penal Code.

b)Monitoring and follow-up of the assistance offered to the identified victims

c)Promotion of the 197 24-hour help line of the NationalCenter for Social Solidarity (EKKA) with full activation and sufficient and multilingual staff.

d)Monitoring the implementation of the Reflection Period and monitoring the prosecution cases with a view to introduce amendments to the legal framework if necessary.

e)Monitoring the cases of release from prison pending the hearing of an appeal, particularly of those who have been sentenced with penalties of long imprisonment by the first-instance court.

f)Ratification of the UN Treaty in Palermo to combat transnational organized crime and the supplementary protocol for trafficking in human beings.

g)Ratification of the agreement with Albania for the minor victims of trafficking, by the Hellenic Parliament.

Ministry of Interior, Public Administration

and Decentralization

The Ministry of Interior, Public Administration and Decentralization participates in the National Action Plan through the Directorate of Aliens and Migration and the General Secretariat for Equality.

  1. Directorate of Aliens and Migration

Reformation of the legislative framework about the issuance of residence permit to victims of human trafficking

The actions taken by the Ministry of Interior, Public Administration and Decentralization regarding matters of human trafficking, are mainly focused on the victim’s administrative support, by issuing the relevant permit and respective possibility to remain in Greece for the time period required for the completion of the relevant procedures.

The Ministry of Interior, Public Administration and Decentralization taking into consideration the applying legal framework against trafficking in human beings (Law 3064/2002, Presidential Decree 233/2003) and in view of the necessity for the transposition of the national legislation with the Directive 2004/81/EC of the 29th of April 2004 “On the residence permit issued to third country nationals who are victims of human trafficking or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities”with amending the legislative framework for the issuance of residence permits to victims of human trafficking.

More specifically, the new Law 3386/05 about the “Entry, stay and social integration of third country citizens in the HellenicTerritory”, which has been in force since 1.1.2006, includes a special chapter (articles 46-52) about the issuance of residence permits to victims of human trafficking in compliance with the provisions of the above mentioned EC directive.

In the above- mentioned articles is introduced the provision of a reflection period, a sufficient period of time, which is granted by means of a decree passed by the competent prosecuting authority, to the victim of possible victim of human trafficking so as to receive psycho – social support empower him/herself and escape from the influence of the offenders. Subsequently the victim can decide whether or not to cooperate with the competent police and court authorities. Hence a thirty day Reflection Period is provided which may be extended to sixty days in the case of minors.

A significant change introduced in this chapter is the transfer of the power for the issuance of residence permit from the Regional services of the country, to the central authority (Ministry of Interior, Public Administration and Decentralization) within the scope of effective control and supervision as well as better coordination among the competent ministries and agencies to combat trafficking in human beings.

According to the previous legislative framework (article 44, par. 7 of the Act 2910/2001), which was in force until the end of 2005, the granting of six month residence permit for victims of trafficking stood in the place of a work - permit, renewable by decision of the Region’s Secretary General until the issue of an irrevocable judicial decision.

The application for the issuance of a residence permit is submitted directly by the person concerned of through the competent Public Prosecutor to the Directorate of Aliens and Migration, Ministry of Interior, Public Administration and Decentralization.

The residence permit is issued by virtue of a decision passed by the Minister of Interior, Public Administration and Decentralization, without the obligation of paying a fee, has annual duration and is renewed until an irrevocable court decision is issued.

The third country nationals who are holders of the above mentioned residence permit have access to labour market as well as to vocational training, education, medical care etc. according to the provisions of article 6 of the Presidential Decree 233/2003 “Protection and assistance to victims of crimes provided by articles 323, 323a, 349, 351 and 351a of the Penal Code” according to article 12 of the law 3064/2002 (Official Gazette A 248).

Within one month after the completion of the relevant procedure through the irrevocable judicial decision, the holder of a residence permit, in his status as victim in trafficking in human beings, can be provided with a residence permit for another reason and under the respective conditions provided by the law 3386/05, upon decision of the Secretary General.

As far as the implementation of the above articles is concerned, a relevant circular was issued which has been posted in the website of the Ministry of Interior, Public Administration and Decentralization,

Cooperation with NGOs

The Ministry of Interior, Public Administration and Decentralization is cooperating with NGOs engaged in the field of human trafficking, providing, as the case may be, full updating about the licensing or renewal procedure to third country citizens who are victims of human trafficking.

Statistical Data

Statistical date are given on a regular basis, on the exact number of residence permits issued (initial granting / renewal) in cooperation with the Directorate of Information Technology of the Ministry of Interior, Public Administration and Decentralization, which keeps the Data Base of third country nationals who legally reside in the Greek territory according to the provisions of the law 3386/2005 among whom are the victims of human trafficking.

During the period from 1.1.2006 until 31.10.2006, the Directorate of Aliens and Migration, Ministry of Interior, Public Administration and Decentralization, has granted48 residence permits in total to trafficking victims (See table attached to the Annex).

B. General Secretariat for Gender Equality

I. Actions that have been completed.

-The General Secretariat for Equality, in cooperation with the ResearchCenter for Gender Equality (ΚΕΤΗΙ), takes part in the programs of Developmental Assistance and Cooperation, Ministry of Foreign Affairs, to countries of origin of economic migrants and trafficking victims.

More specifically:

Since 2005, the General Secretariat for Gender Equality has been implementing the program entitled “Education - social exclusion – prostitution - migration” in Albania, Moldova, Ukraine and Georgia, with a total cost of 150.000 Euros, in partnership with the Hellenic Association for Family Planning. The objective of the program is to deal with the problem of social exclusion of women in these countries, unemployment, sexual exploitation and (coercion to) prostitution connected to migration.

II. Actions in progress

The General Secretariat for Gender Equality participates in the Law Preparation Committee of the Secretaries General, with the following policies and actions:

-The Counseling Centers for violence against womenof the General Secretariat for Gender Equality, offer psychological support and legal advice to the victims of human trafficking.

-Within the scope of raising the awareness of the public opinion on human trafficking, the General Secretariat for Gender Equality, produced a relevant TV spot, which played on the Media for a quarter (February, March, April 2006) eliciting a very positive response form the public. Following an agreement made between the General Secretariat for Gender Equality and the Greek National Council for Radio and Television (NGRTV), the 2nd cycle of transmission of the same TV spot is being scheduled.

-Information materialin Greek and English has been publishedby the victim support services, aiming to combat the phenomenon. Such material will be also published in Albanian, Russian and French.

-Within the scope of the projects of Developmental Assistance and Cooperation run by theMinistry of Foreign Affairs, the General Secretariat for Gender Equality in cooperation with the Research Center for Gender Equality, launched in 2006 the developmental assistance project entitled “Support of regional policies against illegal trafficking of women” in Bosnia-Herzegovina and in Serbia (Kosovo), with a total budget of 100.000 Euros.

This project concerns actions carried out in the social field and aims at dealing with the phenomenon of transnational trafficking in prostitution by empowering the women-victims, raising the awareness of the public and educating the relevant agencies engaged in the field of assistance and protection of women-victims.

More specifically, within the context of cooperation with the offices of the International Organization for Migration in Athens, Bosnia-Herzegovina and Serbia (Kosovo), the project aims at a) provision of direct counseling support of the victims in Sarajevo and Pristina, b) an educational campaign to schools in both cities, c) education of teachers by a special seminar in Athens and d) indirect support of the structures of the I.O.M. at the Sarajevo and Pristina offices, which provide assistance and protection to the victims of illegal trafficking in the Balkan area.

-In the context of the Project “Integrated Interventions in favor of women” of the Measures of the Operational Program “Employment and Vocational Training” implemented by the General Secretariat for Gender Equality, the category of the unemployed women – beneficiaries, includes for the first time women who have been characterized as victims of illegal trafficking. These persons are automatically provided with residence permits which are, at the same time, work permits, a fact that has been ensured by thelegislative provision promoted by the Ministry of Interior, Public Administration and Decentralization (Law 3274/2004, No. 34, par. 7, and Law 3386/2005 No. 50), as described above in the relevant Part referring to the actions of the Directorate of Aliens and Migration. The project aims at improving access and participation of women in the labour market by providing information, counseling and social support services. Women – victims of trafficking are given priority according to the selection criteria.

-The General Secretariat for Gender Equality and the Office of the United Nations HighCommissioner for Refugees in Greece (UNHCR), prepared and executed on 5-7-2005 a new revised Memorandum of Understanding in order to jointly promote the rights of minor girls and women who have been granted asylum or who have requested asylum or who have been granted humanitarian status in Greece according to the Geneva Convention of 1951 and the Presidential Decree 61/1999. On the basis of this Memorandum, an action plan is being implemented by the Regional Equality Committees (PEPIS). The plan includes on the one hand, visits to local DetentionCenters and ReceptionCenters and on the other, the participation of the PEPIS in seminars on refugee law which have been scheduled for implementation in the Region with the cooperation of THE UNHCR, the Ministry of Public Order and the Training Institute of the NationalPublicAdministrationCenter.