ANNEXES – Development of Guidelines for the Collection of Data on Trafficking in Human Beings, Including Comparable Indicators

TABLE OF CONTENTS

ANNEX I- FIRST EXPERT MEETING

A.AGENDA

B.LIST OF PARTICIPANTS

C.REPORT

ANNEX II- SECOND EXPERT MEETING

A.AGENDA

B.LIST OF PARTICIPANTS

C.REPORT

ANNEX III- THIRD EXPERT MEETING

A.AGENDA

B.LIST OF PARTICIPANTS

C.REPORT

ANNEX IV- FOURTH EXPERT MEETING

A.AGENDA

B.LIST OF PARTICIPANTS

C.REPORT

ANNEX V- EXPERT CONFERENCE

A.AGENDA

B.LISTS OF PARTICIPANTS

C.MINUTES

ANNEX VI- FINAL MINISTERIAL CONFERENCE

A.AGENDA

B.LIST OF PARTICIPANTS

C.REPORT

ANNEX VII- INFO BROCHURE

ANNEX VIII- EVALUATION QUESTIONNAIRE

ANNEX VIII- LISTS OF ATTENDANCE

ANNEX I- FIRST EXPERT MEETING

  1. AGENDA

FIRST EXPERT MEETING

19-21 February 2008

Altlengbach, Austria

AGENDA

Tuesday, 19 February 2008
Arrival of Experts
11:00 – 13:00 / Welcome and Opening
-Brigadier General Kurt Hager
Head of Department for International Affairs, Federal Ministry of the Interior (FM.I)
-Peter von Bethlenfalvy
Director of the International Organization for Migration (IOM) in Vienna/Head of Special Liaison Mission to the OSCE, UN and other International Organizations in Vienna
Introduction: Objectives, structure and possible outcomes of the project
-Günther Sablattnig
Department for International Affairs, FM.I
13:00 – 14:30 / Lunch
14:30 – 16:00 / Brainstorming Session*
-Existing initiatives
16:00 – 16:15 / Coffee Break
16:15 – 17:30 / Working Session
Data collection objectives
18:30 / Dinner
Wednesday, 20 February 2008
9:00 – 10:30 / Working Session
Common definition on trafficking as well as other prerequisites for the collection of data
10:30 – 10:45 / Coffee Break
10:45 – 13:00 / Working Session
Indicators
13:00 – 14:30 / Lunch
14:30 – 16:00 / Working Session
Indicators
16:00 – 16:15 / Coffee Break
16:15 - 17:30 / Working Session
Implementation of data collection mechanisms on the national level
Summary of the day
19:00 / Dinner
Thursday, 21 February 2008
9:00 – 10:30 / Working Session
Structure/content of the report
10:30 – 10:45 / Coffee Break
10:45 – 13:00 / Concluding Session
-Günther Sablattnig, Department for International Affairs, FM.I
-Barbara Albrecht, IOM Vienna
13:00 – 14:30 / Lunch

Departure of Experts

* All working sessions are moderated by Günther Sablattnig and Barbara Albrecht.

  1. LIST OF PARTICIPANTS

LIST OF PARTICIPANTS - FIRST EXPERT MEETING

AUSTRIA

Erika GAMSJÄGER

Head of Subdepartment 4.3. – Statistics

Federal Ministry of the Interior/Criminal Intelligence Service

Günther SABLATTNIG

Department for International Affairs

Federal Ministry of the Interior

BELGIUM

Wim BONTINCK

Chief Commissioner

Head of the Central Unit THB

Belgian Federal Police

HUNGARY

Viktória VÉGH

Counsellor

Ministry of Justice and Law Enforcement

ITALY

Giampiero D´AMICO

Vice Sovrintendente

Central Directorate of Criminal Police

International Service for Police Cooperation

Italian Ministry of the Interior

LUXEMBOURG

Michel KRANK

Expert on THB

Police Grand Ducale

SWEDEN

Henrik SJÖLINDER

Division for Police Issues including Public Order and Safety

Ministry of Justice

ASSOCIAZIONE ON THE ROAD

Marco BUFO

General Coordinator

EUROPEAN COMMISSION – EXPERT GROUP ON TRAFFICKING IN HUMAN BEINGS

Bärbel UHL

Member of the EC Expert Group on Trafficking in Human Beings

ICMPD

Enrico RAGAGLIA

Project Officer

IOM

Barbara ALBRECHT

Counter-Trafficking Focal Point

IOM Vienna

Sarah CRAGGS

Researcher/Project Officer

IOM Headquarters

David REISENZEIN

Head of Development, Policy and Media Unit

IOM Vienna

Peter von BETHLENFALVY

Director/Head of Special Liaison Mission

IOM Vienna

LUDWIG BOLTZMANN INSTITUTE OF HUMAN RIGHTS

Kerstin BUCHINGER

Researcher

NEXUS INSTITUTE TO COMBAT HUMAN TRAFFICKING

Rebecca SURTEES

Senior Researcher

OSCE

Anelise GOMES DE ARAUJO

Adviser

Office of the Special Representative and Co-ordinator for Combating THB

OSCE Secretariat

PAYOKE

Patsy SÖRENSEN

President

UNODC

Fabrizio SARRICA

Research Expert

  1. REPORT

First Expert Meeting

Altlengbach/Austria, 19-21 February 2008

List of Participants:

Barbara ALBRECHT, Wim BONTINCK, Kerstin BUCHINGER, Marco BUFO, Sarah CRAGGS, Giampiere D´AMICO, Erika GAMSJÄGER, Anelise GOMES DE ARAUJO, Michel KRANK, Enrico RAGAGLIA, David REISENZEIN, Günther SABLATTNIG, Fabrizio SARRICA, Henrik SJÖLINDER, Patricia SÖRENSEN, Rebecca SURTEES, Bärbel UHL, Viktória VÉGH, Peter VON BETHLENFALVY

Steering Committee Meeting/Expert Meeting:

The members of this group have discussed and recommended:

  • to involve the upcoming EU Presidencies 2008 and 2009 as well as the EU Council in the expert meetings as well as in the two conferences in order to ensure wide political support and visibility. Details will be further discussed with the upcoming Swedish EU Presidency 2009.
  • that the Members of this group will promote the exchange of data collection mechanism amongst all relevant agencies in Europe in order to further and promote the creation of one coherent European network dealing with the issue of trafficking based on objective and reliable data.

Expert Meeting/Discussions:

  • The orientation and the framework of the project have to be fine-tuned in operative terms.
  • The project should concentrate on strategic issues and continue its holistic approach in order to adapt to the priorities of the future EU Presidencies and the ever-changing situation in the field (evolving forms of trafficking, new cooperation partners, new techniques used by the crime scene). Accordingly, the methodologies and terminology must be adapted.
  • It is evident that data collection shall be looked upon as a fundamental issue of ownership by the national governments (EU).
  • Amongst others, the following results came up as to why data should be collected in a comparable and systematized way:

- To gain detailed information on the complex phenomenon of THB

- To understand and assess trends

- To assess and monitor the efficiency of policies, assistance and other measures

taken

- To identify gaps

- To improve policy responses

- To improve assistance, prosecution and prevention measures

  • It was agreed that victim-centered and trafficker-centered data should be collected, related to all phases of the trafficking process (profile of the trafficked person and trafficker, trafficking process, exploitation, responses to the trafficked person, investigation, trial and others). To this end, it was agreed that in addition to identified trafficked persons hidden populations shall be targeted as well.
  • The indicators should be developed and defined in such a way as to be easily applicable by all stakeholders in the field. If this can be achieved, the governments and the EC will find a handy and effective way to collect data.
  • In order to streamline the national data collection mechanisms, it was agreed that the participants discuss the establishment of common national platforms for data collection in the EU MS.
  • Participants agreed that utmost priority must be given to ensure the protection of the data collected, observing at each phase national as well as European legal standards in this perspective. The European Data Protection standards will guide this exercise.

Structure of the report:

The following structure of the report was elaborated by the participating experts during the first expert meeting:

FOREWORD

INTRODUCTION

- Introduction of project

- Aim

- Target Group

- Methodology used

- Chapters and structure of the report

Part I - BACKGROUND AND THEORY

- Objectives

- Aims of data collection

- What data do we want to collect?

- Terminology and Principles

- Protection mechanisms and ethics

- Mechanisms on direct (traditional) trafficking data collection

- Who should provide data?

- Who should collect data?

- Who should analyse data?

- Who will have access to which data?

- What data should be collected according to what indicators?

- Evaluation of collection process

- Mechanisms on indirect (non-traditional) trafficking data

- Who should provide data?

- Who should collect data?

- Who should analyse data?

- Who will have access to which data?

- What data should be collected according to what indicators?

- Evaluation of collection process

Part II – GUIDELINES

After discussing the first draft report, the guidelines will be drawn from it.

AnnexES

-Glossary

-Bibliography

-List of participating experts

-Actors who provided inputs to the project

-Existing practices and initiatives with EU context (incl. police cooperation and

website links)

-Examples: Memorandum of Understanding on data sharing, consent forms

-Others

Plan of Action/tentative schedule:

  • A first draft of the report, according to the structure compiled and the discussions of the first expert meeting will be elaborated by the experts until 14 April 2008. The drafting of the report will be coordinated by IOM Vienna.
  • The compiled draft report will be sent out to all members of the expert team for review and comments.
  • At the second expert meeting, scheduled for 20-21 May 2008, the draft report will be thoroughly discussed. Participants are kindly required to confirm their participation to the second expert meeting by 30 April 2008.
  • In June 2008, the revised draft will be sent to EU MS, EU institutions, EFTA countries, International Organizations, NGOs, social service providers, unions and others for additional inputs and comments. As agreed during the first expert meeting the scope of this will be limited to the EU. Experts are kindly invited to provide further input on what institutions/experts should be contacted for comments and review by 1 May 2008.
  • The dates for the Expert Conference have been set 16-17 September 2008, for the final high-level conference 19-20 February 2009.
  • Further expert meetings are scheduled for 15 September and the afternoon of the 17 September 2008 as well as from 11-12 December 2008.

Links to other initiatives/Avoiding duplications:

  • As several other initiatives are taking place in this field, participants stressed the need to complement each others efforts in order to avoid duplication. ICMPD, IOM, Osservatorio Tratta and Payoke gave an overview of their activities in the field of data collection, namely the databases they have developed/are using.
  • ILO is mandated by the EC Expert Group on Criminal Statistics´ Subgroup on THB to conduct research on operational indicators of human trafficking for the purpose of data collection in European Union member States by the means of a method called Delphi exercise.
  • Portugal, in cooperation with ICMPD, NGO on the Road, Nexus Institute, the Bureau of the Dutch Rapporteur on Trafficking in Human Beings and national institutions of Poland, the CzechRepublic and Slovakia, has been granted a project on developing a harmonized information mechanism, including data collection, by the EC.
  • Under the AGIS III, the Ministry of Italy and a Specialized Training Team composed of representatives of Law Enforcement, Judiciary and NGOs have developed a number of trafficking indicators that will be taken into account in the work of the present project.

ANNEX II- SECOND EXPERT MEETING

  1. AGENDA

AGENDA - SECOND EXPERT MEETING

20-21 May 2008

Vienna, Austria

Tuesday, 20 May 2008
09:00 – 09:45 / Welcome and Opening
-Brigadier General Kurt Hager
Head of Department for International Affairs, Federal Ministry of the Interior (FM.I)
-Peter von Bethlenfalvy
Director of the International Organization for Migration (IOM) in Vienna/Head of Special Liaison Mission to the OSCE, UN and other International Organizations in Vienna
Situation Update
-Günther Sablattnig
Department for International Affairs, FM.I
09:45 – 11:00 / Working Session*
Review of the Chapter on Objectives of Data Collection
11:00 – 11:15 / Coffee Break
11:15 – 13:00 / Working Session
Review of the Chapteron Terminologies and Principles
13:00 – 14:30 / Lunch at Restaurant Bierhof, Haarhof 3, 1010 Vienna
14:30 – 16:00 / Working Session
Review of the Chapteron Protection Mechanisms and Ethics
16:00 – 16:30 / Coffee Break
16:30 – 18:00 / Working Session
Review of the Chapter onMechanisms on Direct Trafficking Data
19: 30 / Dinner at Heurigen 10er Marie, Ottakringer Strasse 222-224, 1160 Vienna
Wednesday, 21 May 2008
9:00 – 10:30 / Working Session
Review of the Chapter onMechanisms on Indirect Trafficking Data Collection
10:30 – 10:45 / Coffee Break
10:45 – 13:00 / Working Session
Development and discussion of guidelines
13:00 – 14:00 / Lunch at Restaurant Bierhof, Haarhof 3, 1010 Vienna
14:00 – 15:45 / Working Session
Development and discussion of guidelines (continued)
15:45 – 16:15 / Coffee Break
16:15 - 17:00 / Closing Session

Departure of Experts

* All working sessions will be moderated by Günther Sablattnig and Barbara Albrecht.

  1. LIST OF PARTICIPANTS

LIST OF PARTICIPANTS - SECOND EXPERT MEETING

AUSTRIA

Günther SABLATTNIG

Department for International Affairs

Federal Ministry of the Interior

BELGIUM

Wim BONTINCK

Chief Commissioner

Head of the Central Unit THB

Belgian Federal Police

HUNGARY

Viktória VÉGH

Counsellor

Ministry of Justice and Law Enforcement

ITALY

Giampiero D´AMICO

Vice Sovrintendente

Central Directorate of Criminal Police

International Service for Police Cooperation

Italian Ministry of the Interior

LUXEMBOURG

Pierre MICCOLIS

Commissaire

Operational Crime Analyses Unit

Police Grand Ducale

EUROPEAN COMMISSION – EXPERTS GROUP ON TRAFFICKING IN HUMAN BEINGS

Bärbel UHL

Member of the EC Experts Group on Trafficking in Human Beings

EUROPOL

Angelika MOLNAR

SC3 – Crimes Against Persons Unit

Trafficking in Human Beings Group

ICMPD

Mariana MARTINS

Project Officer

IFIAS - Institute for International Assistance and Solidarity

Jelena von HELLDORFF

Expert, Executive Director

ILO

Michaëlle DE COCK

Consultant

IOM

Barbara ALBRECHT

Counter-Trafficking Focal Point

IOM Vienna

Sarah CRAGGS

Researcher/Project Officer

IOM Headquarters

Roxane MILOT

Intern

IOM Vienna

Peter von BETHLENFALVY

Director/Head of Special Liaison Mission

IOM Vienna

IRS – INSTITUTO PER LA RICERA SOCIALE (Institute for Social Research)

Flavia PESCE

Senior Researcher in the Area of Vocational Training and Labour policies

Coordinator of Equal Opportunities and Gender Mainstreaming Line of Activity

LUDWIG BOLTZMANN INSTITUTE OF HUMAN RIGHTS

Margit AMMER

Researcher

OSCE

Anelise GOMES DE ARAUJO

Adviser

Office of the Special Representative and Co-ordinator for Combating THB

OSCE Secretariat

PAYOKE

Patsy SÖRENSEN

Director

UNODC

Fabrizio SARRICA

Research Expert

  1. REPORT

Second Expert Meeting

Vienna/Austria, 20-21 May 2008

List of Participants:

Barbara ALBRECHT, Margit AMMER, Wim BONTINCK, Sarah CRAGGS, Giampiero D´AMICO, Michaëlle DE COCK, Erika GAMSJÄGER, Anelise GOMES DE ARAUJO, Mariana MARTINS, Pierre MICCOLIS, Roxane MILOT, Angelika MOLNAR, Flavia PESCE, Günther SABLATTNIG, Fabrizio SARRICA, Patricia SÖRENSEN, Bärbel UHL, Viktória VÉGH, Peter VON BETHLENFALVY, Jelena von HELLDORFF

Discussions:

After reviewing and agreeing on the Situation Update following the First Expert Meeting held in February 2008, the group discussed the content of the first draft report which had been compiled and sent out to the experts prior to the Second Expert Meeting. Comments and inputs were collected with regard to the part on Background and Theory: A. Objectives of data collection, B. Terminology and Principles, C. Protection Mechanisms and Ethics, D. Mechanisms on Direct Trafficking Data Collection and E. Mechanisms on Indirect Trafficking Data Collection. A first set of guidelines was elaborated based on the Background and Theory part.

  • Chapter A: Objectives of data collection

It was agreed that this chapter must be very precise as regards the benefits that this project and its results bring to the various stakeholders engaged in the field of THB, e.g. NGOs, law enforcement, judiciary and others, in a way to encourage them to report trafficking cases and to collect data. Furthermore, it was discussed that Member States (MS) should map existing national data collection mechanisms, what data/the structure/type of data that is collected as well as level of access and use of data as to identify the status quo, common indicators and gaps on national level.

  • Chapter B: Terminology and Principles

Following the review of this chapter, it was agreed that the title of this chapter will be changed into “Preliminary considerations” as to more precisely reflect its content. Key terms such as “human trafficking”, “child trafficking”, “trafficked person”, “trafficker”, “indicator”, “variable”, “data subject” and others must be defined and agreed on in order to harmonize their meanings, thus creating a solid basis for the data collection exercise. It was agreed to use the definition of trafficking in human beings as used in the Palermo Protocol and specifically emphasize exploitation as one of the key elements of trafficking in human beings. An explanation of various (other) terms mentioned throughout the report will be given in a glossary.

  • Chapter C: Protection Mechanisms and Ethics

The main principles of data protection regarding data on trafficking in human beings will be addressed in this chapter, including the right of the trafficked person/trafficker to privacy, the consent of the victim to store and use his/her data, the storage, the use and exchange of personalized/depersonalized/electronic/paper data (agreements/Memoranda of Understanding) between various agencies and others. Regarding the collection, storage, use and exchange of data, Member States must follow their national and the European legal frameworks on data protection. In general it was agreed that throughout the draft report special attention must be paid to minors (victims of trafficking/ traffickers) as vulnerable group being in need of special protection mechanisms.

  • Chapter D: Mechanisms on Direct Trafficking Data Collection

Discussions focused on which data Member States should collect and report on as well as the institutional framework for the collection and analysis of data.

It was agreed that MS should collect and share at a minimum the following data:

  • Victim-related data:

Number of all victims (identified victims[1], those assisted[2], those who are refused assistance and those who decline assistance, disappeared):

- Gender (Male, female, transgender, unknown)

- Age when exploitation started and ended (in months/years)

- Age of first contact (in months/years)

- Citizenship

- Type of exploitation (sexual exploitation, labour exploitation, organ trafficking, other)

- services provided (legal, medical, psychological, other)

- type of recruitment

- cooperation/collaboration with law enforcement (yes/no)

- re-trafficking (yes/no)

Total number of assisted cases in the reporting period

Number of persons returned (under assistance)? (focus on identified victims who were assisted – not identical with number of victims from the same reporting period)

- Gender (Male, female, transgender, unknown)

- Age when exploitation ended (in months/years)

- Age of first contact (in months/years)

- Citizenship

- Type of exploitation (sexual exploitation, labour exploitation, organ trafficking, other)

- Country of return (from – to)

- with/without reintegration assistance/unknown

Number of victims testified in court proceedings

- compensation and/or remuneration

Number of trafficked persons allowed to stay?

-length of stay

-legal status (staying permit, residence permit, others)

- Gender (Male, female, transgender, unknown)

- Citizenship

- Type of exploitation (sexual exploitation, labour exploitation, organ trafficking, other)

  • Trafficker-related data:

THB and related offences (number of cases)

TRENDS in Numbers:

-number of trafficking cases (labour/sexual exploitation, organ trafficking, others) – minors or adults involved

-number of persons investigated (minor at time of committing crime, citizenship, gender, country of residence, year of crime, past criminal record [yes, no])

-number of persons prosecuted (minor at time of committing crime, citizenship, gender, country of residence, year of crime, past criminal record [yes, no])