Peculiarities of the institution of National Peculiarities of the institution of National Rapporteur on trafficking in persons in the Rapporteur on trafficking in persons in the Republic of Belarus Republic of Belarus : : role, functions and role, functions and

legislative regulationlegislative regulation. .

INTERNATIONAL ORGANIZATIONS, INTERNATIONAL ORGANIZATIONS, DEALING WITH THE PROBLEM OF DEALING WITH THE PROBLEM OF TRAFFICKING IN PERSONSTRAFFICKING IN PERSONS::

- United Nations OrganizationUnited Nations Organization ( (UNUN);); - - International Organization for Migration International Organization for Migration (IOM)(IOM);; - О- Оrganization for Security and rganization for Security and Co-operation in Europe Co-operation in Europe ((OSCEOSCE);); - - Office of the United Nations Commissioner Office of the United Nations Commissioner for Human Rights (OHCHR)for Human Rights (OHCHR);; - - UN Special Agencies (UNODC, UNICEF, UN Special Agencies (UNODC, UNICEF, UNHCR, UNFPA, UNDP) UNHCR, UNFPA, UNDP) – – according to their according to their mandate and in relation to the special mandate and in relation to the special categories of victimscategories of victims;;- European Commission (EC);European Commission (EC);- Council of Europe (CE) and etcCouncil of Europe (CE) and etc..

Organization for Security Organization for Security and Co-Operationand Co-Operation

in Europe (OSCE)in Europe (OSCE)::

Special Representative / OSCE Coordinator on Trafficking in Human Beings;

United Nations Council for Human RightsUnited Nations Council for Human Rights::

Special Rapporteur on trafficking in persons, especially in Special Rapporteur on trafficking in persons, especially in women and childrenwomen and children..

THE NECESSITY OF INCREASING OF THE THE NECESSITY OF INCREASING OF THE EFFECTIVENESS OF NATIONAL MONITORING AND EFFECTIVENESS OF NATIONAL MONITORING AND

EVALUATING MECHANISMS EVALUATING MECHANISMS IN THE SPHERE OF HUMAN TRAFFICKINGIN THE SPHERE OF HUMAN TRAFFICKING

WAS CONDITIONED BY THE NUMBER OF FACTORS:WAS CONDITIONED BY THE NUMBER OF FACTORS:

--  latent and organized nature of human trafficking;latent and organized nature of human trafficking;

- constantly increase of trafficking scale;- constantly increase of trafficking scale;

- lack of full and objective information- lack of full and objective information;;

- low efficiency of national and international measures to - low efficiency of national and international measures to countertrafficking in human beings and elimination of countertrafficking in human beings and elimination of fundamental reasons of this phenomenon;fundamental reasons of this phenomenon;

THE NECESSITY OF INCREASING OF THE THE NECESSITY OF INCREASING OF THE EFFECTIVENESS OF NATIONAL MONITORING AND EFFECTIVENESS OF NATIONAL MONITORING AND

EVALUATING MECHANISMS EVALUATING MECHANISMS IN THE SPHERE OF HUMAN TRAFFICKINGIN THE SPHERE OF HUMAN TRAFFICKING

WAS CONDITIONED BY THE NUMBER OF FACTORS:WAS CONDITIONED BY THE NUMBER OF FACTORS:

-- bare state financing bare state financing;;

- - necessity of adjustments of the national priorities in necessity of adjustments of the national priorities in the forming of internal and external policy in the the forming of internal and external policy in the sphere of counteraction in human beingssphere of counteraction in human beings, , etcetc..   

FIRST MODELFIRST MODEL::

The functions of national The functions of national rapporteur on trafficking in rapporteur on trafficking in persons are assigned to persons are assigned to specially established specially established independent body, which independent body, which regularly must report to the regularly must report to the Government.Government.

SECOND MODELSECOND MODEL::

Data gathering is carried out Data gathering is carried out on the inter-agency level.on the inter-agency level.

THIRD MODELTHIRD MODEL::

The functions of national The functions of national rapporteur are assigned rapporteur are assigned

to one of the existing to one of the existing state bodies.state bodies.

There are 4855 victims of trafficking identifiedin 2002–2012

There are 4855 victims of trafficking identifiedin 2002–2012

.

5813

4271

victims offorced labour

victims of organremoval

victims ofsexualexploitation

Victims exploited in Belarus and abroad Victims exploited in Belarus and abroad

.

There are 3664 criminal cases in the field of THBThere are 3664 criminal cases in the field of THBand related crimes have been revealed since 2000and related crimes have been revealed since 2000

Places of exploitation of Places of exploitation of Belarusian citizensBelarusian citizens

AustriaAustria Great Great BritainBritain GermanyGermany GreeceGreece SpainSpain ItalyItalyCyprusCyprusLithuaniaLithuania the the NetherlandsNetherlands PolandPoland PortugalPortugal TurkeyTurkey Czech Czech RepublicRepublic FranceFrance

ГОСУДАРСТВЕННЫЕ ПРОГРАММЫГОСУДАРСТВЕННЫЕ ПРОГРАММЫ

1) State program of comprehensive measures on counteraction of trafficking in human beings and dissemination of the prostitution for 2002-2207 ((approved by the Council of Ministers decision)approved by the Council of Ministers decision);;

2) State program on counteraction of human trafficking, illegal migration and related crimes for 2008–2010 ((approved by President’s Decree)approved by President’s Decree);;

3) State program on counteraction of human trafficking, illegal migration and related crimes for 2011-2013 ((approved by President’s Decree)approved by President’s Decree);;

The Law of the Republic of Belarus on The Law of the Republic of Belarus on Counteraction of Trafficking in Human Counteraction of Trafficking in Human Beings Beings entered into force on July 25, 2012entered into force on July 25, 2012

In this Law the legal norms, In this Law the legal norms, previously contained in different legal acts previously contained in different legal acts

related to combating human trafficking, related to combating human trafficking, were systematizedwere systematized

STATE REGULATION IN THE SPHERE OF STATE REGULATION IN THE SPHERE OF COUNTERACTION OF HUMAN COUNTERACTION OF HUMAN

TRAFFICKING IS CARRIED OUT BYTRAFFICKING IS CARRIED OUT BY::

-President of the Republic of BelarusPresident of the Republic of Belarus;;- Council of Ministers of the Republic of Council of Ministers of the Republic of BelarusBelarus ( (GovernmentGovernment););- other governmental authorities.other governmental authorities.

PRESIDENT’S AUTHORITIES IN THE SPHERE PRESIDENT’S AUTHORITIES IN THE SPHERE OF COMBATING HUMAN TRAFFICKINGOF COMBATING HUMAN TRAFFICKING

- - definition of unified sate policydefinition of unified sate policy;;

- - general administration of state bodies activitygeneral administration of state bodies activity;;

- - approval of state programsapproval of state programs;;

- - carrying out other authorities according to the carrying out other authorities according to the Constitution and other legislative acts of the Constitution and other legislative acts of the Republic of BelarusRepublic of Belarus. .

GOVERNMENT’S AUTHORITIES IN THE GOVERNMENT’S AUTHORITIES IN THE SPHERE OF COMBATING HUMAN SPHERE OF COMBATING HUMAN

TRAFFICKINGTRAFFICKING

- - Conducting of unified state policy in the sphere Conducting of unified state policy in the sphere of combating human trafficking;of combating human trafficking;

- - Elaboration of state programs in this sphereElaboration of state programs in this sphere..

STATE BODIES, EXCISINGSTATE BODIES, EXCISING COUNTERTRAFFICKINGCOUNTERTRAFFICKING

-BODIES OF INTERNAL AFFAIRSBODIES OF INTERNAL AFFAIRS; ;

- STATE SECURITY BODIESSTATE SECURITY BODIES; ;

- BORDER CONTROL SERVICEBORDER CONTROL SERVICE; ;

- PROSECUTION BODIESPROSECUTION BODIES;;

- INVESTIGATION BODIES.INVESTIGATION BODIES.

State bodiesState bodies, , responsible for rehabilitation responsible for rehabilitation

of the victims of traffickingof the victims of trafficking

1) MINISTRY OF LABOR AND SOCIAL PROTEDTION ((for the persons above 18)for the persons above 18)

Ministerial structure includes 151 local centres of social serviceMinisterial structure includes 151 local centres of social service and 50 crisis roomsand 50 crisis rooms

2) MINISTRY OF EDUCATION ((for children between the age of 3 and 18for children between the age of 3 and 18))

Ministerial structure includes 140 social and pedagogical centresMinisterial structure includes 140 social and pedagogical centres

3) MINISTRY OF HEALTH ((for children under 3for children under 3))

Ministerial structure includes 10 orphanagesMinisterial structure includes 10 orphanages

.

Only 156 VoTs – which is 6.9% of all identified in 2007–2012 – obtained rehabilitation from the state organizations.The rest were referred to NGOs and IOM

Only 156 VoTs – which is 6.9% of all identified in 2007–2012 – obtained rehabilitation from the state organizations.The rest were referred to NGOs and IOM

.

2117

156

victims, obtaibedrehabilitation from IOMand NGOs

victims,obtainedrehabilitation from sateorganizations

(6,9%)

According to the Law of the Republic of Belarus on According to the Law of the Republic of Belarus on “Counter-trafficking in Persons”“Counter-trafficking in Persons”

international organizationsinternational organizationsand NGOsand NGOs have the right tohave the right to

open centers on protection and assistanceopen centers on protection and assistanceto the victims of human traffickingto the victims of human trafficking

identify victims of human traffickingidentify victims of human trafficking;;

organize and hold information campaigns;organize and hold information campaigns;

realize counter-trafficking realize counter-trafficking international technical assistance projects.international technical assistance projects.

According to the Law of the Republic of According to the Law of the Republic of Belarus on Belarus on “Counter-trafficking in Persons”“Counter-trafficking in Persons”

The National Rapporteur on The National Rapporteur on counter-trafficking counter-trafficking is definedis defined

THE MINISTER THE MINISTER OF INTERNAL AFFAIRSOF INTERNAL AFFAIRS

The main functions of the National Rapporteur The main functions of the National Rapporteur on countertrafficking are:on countertrafficking are:

- studying and generalizing the practice of application of - studying and generalizing the practice of application of Belarusian legislation on counter-trafficking in Belarus;Belarusian legislation on counter-trafficking in Belarus;

- informing other states as well as international and foreign - informing other states as well as international and foreign organizations about counter-trafficking in Belarus;organizations about counter-trafficking in Belarus;

- developing international cooperation for exchanging - developing international cooperation for exchanging experience;experience;

- preparing and submitting to the Government an annual report - preparing and submitting to the Government an annual report on the issues of counter-trafficking with the evaluation of the on the issues of counter-trafficking with the evaluation of the effectiveness of the taken measures and making suggestions to effectiveness of the taken measures and making suggestions to improve Belarusian legislation on counter-trafficking. improve Belarusian legislation on counter-trafficking.

www.mvd.gov.bywww.mvd.gov.by

C O O R D I N A T I O NC O O R D I N A T I O Ninin the sphere of combating THBthe sphere of combating THB

The first directionThe first directioncoordination of the

law enforcementefforts

The second directionThe second directioncoordination in the sphere of

protection and rehabilitation of victims of trafficking

Coordination of law-enforcement bodiesCoordination of law-enforcement bodies

1) 1) Republican levelRepublican levelThe coordinative meeting The coordinative meeting on countering crime and corruption, on countering crime and corruption, created under the General Prosecutor’s Office, created under the General Prosecutor’s Office, coordinates the activity ofcoordinates the activity of

Ministry of Internal AffairsMinistry of Internal Affairs,,State Security CommitteeState Security Committee,,

State Border CommitteeState Border Committee,,General Prosecutor’s OfficeGeneral Prosecutor’s Office,,

Investigative CommitteeInvestigative Committee2) 2) Regional levelRegional levelCoordinative meetingsCoordinative meetingson countering crime and corruptionon countering crime and corruption,,created created under the Minsk Prosecutor’s Officeunder the Minsk Prosecutor’s Officeand under six regional prosecutor’s officesand under six regional prosecutor’s offices,,coordinates the activity ofcoordinates the activity of

local bodies of internal affairslocal bodies of internal affairs,,state securitystate security,, border control border control,,prosecution and investigationprosecution and investigation

CoordinationCoordination of the activities on protection and of the activities on protection and rehabilitation of the victims of human traffickingrehabilitation of the victims of human trafficking

The Ministry of Internal AffairsThe Ministry of Internal Affairscoordinates the activity of thecoordinates the activity of the

MinistryMinistry of Educationof Education,,MinistryMinistry of Healthof Health,,

Ministry of Foreign AffairsMinistry of Foreign Affairs,,Ministry of Labor and Social Protection,Ministry of Labor and Social Protection,

Non-governmental organizations (NGOs)Non-governmental organizations (NGOs)

Today in Belarus there is no legal act, establishing Today in Belarus there is no legal act, establishing unified mechanism of identification and sending unified mechanism of identification and sending victims of human trafficking for rehabilitationvictims of human trafficking for rehabilitation

An initiative proposal on elaboration An initiative proposal on elaboration of such normative legal act until the end of 2014 of such normative legal act until the end of 2014

was introduced was introduced to the draft of a new State program.to the draft of a new State program.

THANK YOU THANK YOU FOR YOUR KIND ATTENTIONFOR YOUR KIND ATTENTION

THANK YOU THANK YOU FOR YOUR KIND ATTENTIONFOR YOUR KIND ATTENTION