Report by the Inter-Ministerial Working Group
on Combating Trafficking in Human Beings
for the year 2014
Ljubljana, June 2015
Contents
Introduction 3
- Legislation and policies 4
- Prevention 6
Raising awareness of the wider public 6
Raising awareness of high-risk target groups 7
Raising awareness and training of expert public 10
- Detection, investigation and prosecution of criminal acts
related to trafficking in human beings
Police activities 11
Activities of the State Prosecutor's Office 14
Activities of the Labour Inspectorate of the Republic of Slovenia 15
- Assistance to and protection of victims 17
‘Providing Assistance to Victims of Trafficking in Human Beings’ Project 17
Reintegration of victims of trafficking in human beings 19
PATS Project 19
- International activities and partnerships 20
International activities 20
Partnerships and surveys 22
In place of a conclusion 23
Introduction
In compliance with the mandate defined in decisions of the Government of the Republic of Slovenia Nos. 240-05/2003-1 of 18 December 2003 and 01201-7/2012/4 of 5 July 2012, the Inter-Ministerial Working Group on Combating Trafficking in Human Beings (hereinafter referred to as the IWG) has prepared a report on its work in 2014.
Members of the IWG are representatives of competent ministries and government offices, and non-governmental and humanitarian organisations the activities of which are focused on combating trafficking in human beings. In 2014, the national coordinator convened four meetings of the group, i.e. on 30 January, 5 March, 18 June and 9 December. The work of individual ministries was coordinated on the basis of confirmed decisions from the minutes which were sent to members of the working group. In addition to regular meetings of the IWG, a number of coordinating and operational meetings were held on the topic in question, depending on the need and the format of participants.
Cooperation between individual ministries competent for the field of trafficking in human beings was good, especially at the level of concrete examples, when direct exchange of experience and harmonisation of positions was involved. Certain ministries were somewhat lesser represented in the work of the IWG, and their responsiveness corresponded to this.
The field of prevention and combating trafficking in human beings is increasingly demanding a comprehensive and coordinated approach within relevant institutions in the country, a high degree of cooperation with non-governmental and humanitarian organisations, particularly in the field of assistance to and care for victims of trafficking, and readiness and openness as part of international and project cooperation, both among the EU member states and the neighbouring countries in the Western Balkan region and international organisations which are actively dealing with this topic.
All three dimensions, i.e. cooperation between relevant institutions, cooperation with civil society and international cooperation, were adequately implemented. Although inter-ministerial cooperation needs to be significantly improved with a higher degree of pro-activity, international cooperation needs to be mentioned in a positive sense. The latter was reflected through the implementation of international projects as well as an active role and presence in international events.
The content of the report does not significantly differ from the content of the reports from previous years. In Slovenia, trafficking in human beings in still most frequently recognised for the purposes of sexual exploitation or exploitation through prostitution. The presence of organised groups of beggars was detected, but these were mostly persons who were transiting through Slovenia. No victims of forced labour were detected, while a larger number of exploited workers was detected, who were treated in pre-trial investigations and criminal proceedings as victims to other criminal acts which are prosecuted ex officio, referred to in Chapter 22 of the Criminal Code (KZ-1) (criminal offences against employment relationship and social security). One must not generalise when looking for reasons, and it is also hard to impose responsibility on an individual institution. It is largely about the ability of perpetrators to abuse of the system, which enables involvement of potential victims through the establishment of numerous companies. After all, these are acts which have epilogue in other EU countries and not in Slovenia. One of the new forms of trafficking in human beings which was recognised in Slovenia also in the report year are forced marriages of underage girls, usually in the Roma community.
I.Legislation and policies
No legislative acts which would directly impact the field of prevention and combating trafficking in human beings were adopted or amended in the report year.
–On the basis of the evaluation mechanism of the Group of Experts on Action against Trafficking in Human Beings (GRETA) under the Council of Europe Convention on Action against Trafficking in Human Beings, the Committee of the Parties to the Convention adopted on 7 February 2014 the report for Slovenia and presented recommendations (26 in total), whose implementation is envisaged by February 2016. The Government of the Republic of Slovenia was acquainted with the report and the recommendations. With the purpose of bringing the recommendations to the implementation level, the IWG included them in the introduction of the new action plan for the 2015–2016 period and accordingly adjusted certain activities. The recommendations relate to systemic strengthening of coordination and reporting, training, collection of data and surveys, international cooperation, awareness raising, recognition and assistance to victims, including the regulation of status, payment of compensation, criminal, substantive and procedural law.
–National Assembly deputy Maja Dimitrovski addressed on 28 January 2014 a deputy initiative to the Government of the Republic of Slovenia, calling on the Government to "in accordance with the recommendations of GRETA, establish an independent role of the national rapporteur or ensure that this role is played by the national coordinator for combating trafficking in human beings, which is currently incorporated in one of the bodies affiliated to the ministry, and to ensure its appropriate incorporation in state bodies". The Ministry of the Interior prepared an answer to the deputy’s initiative on behalf of the Government, in which it expressed the awareness and readiness to solve this issue, and committed to do this in the first half of 2014. This commitment was not realised because of the ousting of the then Government and the early elections, and was instead transferred into an indefinite time frame.
–The common European policy in combating trafficking in human beings is the fundamental guideline in the adoption of legislative and strategic measures in this field in Slovenia. Directive 2011/36/EU as a new document was thus fully transposed into the Slovenian legislation and the notification procedure started in August 2014. The coordination and exchange of information in the field of combating trafficking in human beings was implemented at the EU level as part of meetings of the informal network of national rapporteurs or equivalent mechanisms, which are being called twice a year by the EU coordinator in cooperation with the presiding member state. Two such meetings were held in the report year, between 6 and 7 May and between 20 and 21 October.
In accordance with Article 23 of the aforementioned Directive, a report had to be also submitted to the European Commission in 2014. The report covered a three-year period and contained the statistics of the registered cases of criminal proceedings and proceedings with victims of trafficking.
–The Commission for Petitions, Human Rights and Equal Opportunities of the National Assembly was acquainted on its first regular session on 16 October 2014 with the Report on the work of the IWG in 2013. The report was presented by the national coordinator for combating trafficking in human beings.
–The Intergovernmental Working Group for the Preparation of Possible Measures for the Implementation of Migration Policy of the Republic of Slovenia, which was established with decision of the Government of the Republic of Slovenia number 21400-4/2009 of 9 July 2009, was also active in the report year. The working group, a member of which was also the national coordinator for combating trafficking in human beings, held a meeting in December 2014 and discussed the effectiveness of the measures with which the Government tasked relevant ministries, namely to prepare changes and amendments to sectoral legislation and eliminate abuses of the system in the acquisition of work permits without the control of the labour market and, consequently permits for first residence, abuse of marriages of convenience, acquisition of social transfers and the issue of posted workers. Connected with the issue of the latter is the abuse of the system of the establishment of single-member companies, whose fictitious founders or procurators are actually the abused workers. There is the possibility that these migrant workers may end up as victims in the spiral of trafficking in human beings.
–Activities in the drafting of amendments to the Companies Act from the aspect of prevention of abuses by companies. The Labour Inspectorate of the Republic of Slovenia actively participated in 2014 also in the drafting of amendments to the Companies Act, a part of which was prepared on the basis of proposals from the Intergovernmental Working Group for the Preparation of Possible Measures for the Implementation of Migration Policy of the Republic of Slovenia. The Inspectorate pointed out particularly the absence of restrictions for establishing companies and entrepreneurs and acquisition of the status of a partner for a certain period for violators of labour legislation, especially in relation to payment for work. The said violation was the most frequently detected violation in the field of labour relationships in the last six months, with payment for work being one of the basic obligations of an employer in relation to a worker.
The proposal to restrict the establishment of companies and acquisition of the status of a partner, as given by the Inspectorate, was adopted and included in the wording of the draft amendments to the act.
–Drafting of a new regulation in the field of employment and work of foreigners. In 2014 the Labour Inspectorate of the Republic of Slovenia participated in the drafting of a new bill that will regulate employment, self-employment and work of foreigners. Together with the Aliens Act, the draft Employment, Self-employment and Work of Aliens Act implements Directive 2011/98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. In the process of drafting of the regulation, the Labour Inspectorate of the Republic of Slovenia provided its remarks regarding the institutes where it had detected most of the irregularities in the period of the application of the currently valid law. Remarks were related primarily to the excessively wide regulation of the possibility of work by representatives or owners of companies who are foreign citizens, inadequate regulation regarding seasonal work on the basis of work contracts, regarding the regulation of accommodation of foreigners and regarding the conflict between the Employment and Work of Aliens Act and the Prevention of Undeclared Work and Employment Act in the part which regulates the term of undeclared employment in relation to work of foreigners. Several minor editorial remarks were also prepared. The drafter of the regulation took into account most of the remarks from the Inspectorate and reasonably incorporated them in the new draft act.
II.Prevention
Raising awareness of the wider public
Raising awareness of the wider public about the issue of trafficking in human beings was, according to the agreement and guidelines from the national coordinator, mainly coordinated by the Government Communication Office (UKOM). In this field, all the tasks defined in the IWG Action Plan and summarised below were performed.
- 18. October 18 – EU Anti-Trafficking Day
–The Government Communication Office (UKOM) financed and provided technical support for the panel Are we asking victims of human trafficking for services?, which took place on 15 October 2014 in Ljubljana. Persons participating at the panel were: Sandi Čurin, national coordinator for combating trafficking in human beings from the Ministry of the Interior, Danijela Frangež of the Faculty of Criminal Justice and Security of the University of Maribor, Mojca Pajnik of the Faculty of Social Sciences and the Peace Institute, Goran Lukič of the Association of Free Trade Unions of Slovenia and Rene Suša of Humanitas, an association for human rights and supportive action, and the Buna fair trade association.
The panel debated possible measures for reducing the demand for services provided by victims of trafficking in human beings. Various players can influence on a reduction of the demand, from employers and companies to users of sexual services, and from various agencies, transport operators and workers in tourism industry to consumers of products of forced labour or child labour. A summary of the results of a survey on trafficking in human beings in Slovenia with the purpose of exploitation of labour force, trafficking of children, forced begging and carrying out criminal acts, was also presented. In addition to media representatives, there were 55 participants at the panel.
–UKOM financed the lease of a venue for a free concert organised by the Association Ključ for combating human trafficking on 17 October in the Kino Šiška Centre for Urban Culture on EU Anti-Trafficking Day. The concert was intended for raising awareness of the wider public, especially young people. It was attended by 800 visitors. A total of 70 performers performed at the concert, and content from the field of trafficking in human beings was screened during the performances. The event was a part of a larger project, which was mostly financed by the Ljubljana City Municipality – Office for Youth.
–Slovenian Caritas carried out in the summer and autumn an awareness-raising campaign called "Be attentive. Be careful." with the campaign "Stop prostitution. You are not alone" being an important part of it. As part of the campaign, which took place between 15 September and 18 October (EU Anti-Trafficking Day) and in which Slovenian musician Neisha participated with her song “Gloria” and the eponymous video, the organisation raised the awareness of the wider Slovenian public about the incidence of (forced) prostitution and possibilities for finding a way out of it offered by Slovenian Caritas as part of its programmes.
- Website
–In 2014, UKOM provided for updating the content on the website which presents issues of combating trafficking in human beings in Slovenian and English. The website provides information about the activities of the IWG, basic documents the IWG prepares, international documents in this field, surveys and studies, while it is also possible to submit anonymous e-reports and contact non-governmental organisations which provide assistance to victims. The statistics show that in 2014, 2,809 visitors visited the Slovenian version of the site and 524 visited the English version.
–The Facebook page “Slovenian Caritas against trafficking in human beings" was launched in May, raising people’s awareness about trafficking in human beings and informing them about the activities as part of the project "Be attentive. Be careful." The page has been “liked” by 897 people.
–The Centre for the Legal Protection of Human Rights also implements awareness-raising activities in the field of trafficking in human beings, mostly by means of web reporting. On its website the interested public can find information about the issue of trafficking in human beings and self-protection measures against this phenomenon. The centre also informs the public through the social network Facebook with news and content related to the work of non-governmental organisations in Slovenia.
- Media
–According to the available data, the Slovenian print, electronic and online media published over 85 reports related to trafficking in human beings. More than a half of all reports was related to the significance of 18 October and activities performed by non-governmental organisations Slovenian Caritas, DrogArt, the Association Ključ and the IWG and reports by the Association of Free Trade Unions of Slovenia and the European Commission. What is encouraging is the fact that the media, in addition to reports on these activities, also published a number of more in-depth features about various forms of trafficking in human beings in Slovenia and around the world. Reports were usually accompanied with photographs or video clips made at the opening of a "real" shop where human beings were sold and intensive radio advertising of the "You are not alone." campaign. The media also covered the procedures of detection and prosecution of criminal acts related to trafficking in human beings and, the recommendations from GRETA to Slovenia, activities of non-governmental organisations and statements made by Pope Francis on the topic given in various occasions.
–The Association Ključ for combating human trafficking participated in more than 60 media reports in 2014. Reports by Slovenian Caritas were also published in numerous media. In cooperation with editors of the magazine Vzgoja, articles by experts were published as part of preparations for a thematic issue on trafficking in human beings, and booklets and preventive activities were presented on Radio Slovenija 1 and Radio Ognjišče. In July 2014, a one-hour show was broadcast on Radio Ognjišče that featured a talk with representatives of Slovenian Caritas, the national coordinator, a police representative and the head of the Asylum Centre. As part of the project "Be attentive. Be careful." the music video “Gloria” by Slovenian musician Neisha and the radio advertisement "Stop prostitution. You are not alone." were broadcast. The following radio stations also reported on preventive activities, the assistance to victims of trafficking project and individual campaigns: Radio 1, Val 202, Radio Ognjišče, Radio Kranj, Radio Hit, Radio Kum, Štajerski Val, Radio Celje, Radio Robin, Radio Capris, Moj radio, Radio Tomi, Radio Ekspres, Radio Antena, Koroški Radio, Radio Maxi, Radio Zeleni val, Radio Gorenc. Television stations Pop TV, TV SLO and Planet TV also reported about the projects.
Raising the awareness of high-risk target groups
The IWG and the Government Communication Office on its behalf played an important role in raising awareness of high-risk target groups, primarily by co-financing and selecting service providers – civil organisations combating trafficking in human beings.