Trafficking in human beings in Germany: lessons learnt from identifying victims

during the international protection procedure

Structure

1. Mapping human trafficking in Germany

2. Legal rights of third-country nationals who have become victims of human trafficking

3. Project “Identification and protection of trafficked persons in the asylum process”

4. Cooperation between authorities: state of the art and future plans

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Mapping human trafficking in Germany (1)

• “Federal Situation Report on trafficking in human beings” published by Federal Criminal Police Office• Provides figures on the offences in the area of

human trafficking defined in the German Criminal Code (StGB)

a) Human trafficking for the purposes of sexual exploitation (Section 232 StGB)

b) Human trafficking for the purposes of labour exploitation (Section 233 StGB)

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Mapping human trafficking in Germany (2)

2010 2011Europe 85,2% 87,5%Romania 19,8% 25,8%Germany 19,8% 21,7%Bulgaria 18,9% 15,3%Africa 10,2% 6,9%Nigeria 7,5% 4,4%Asia 1,0% 1,4%America 0,5% 1,4%

Nationality of victims

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Mapping human trafficking in Germany (3)

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Mapping human trafficking in Germany (4)

• Considerable number of unidentified cases• Reasons:

1. Threat scenarios and dependencies created by perpetrators

2. Lack of awareness of being a victim of human trafficking

3. Exploitative labour as only means to provide for family

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Legal rights of TCNs who have become victims of human trafficking (1)

Reflection and stabilisation period of min. 3 months (§59 (7) Residence

Act)

Reflection and stabilisation period of min. 3 months (§59 (7) Residence

Act)

Witness in criminal proceedings

Witness in criminal proceedings

No witness in criminal proceedings

No witness in criminal proceedings

Temporary residence (§25(4a) Residence Act)

Temporary residence (§25(4a) Residence Act)

Obligation to leave the country

Obligation to leave the country

LeaveLeaveTrialTrial

Provisions for extension of residence titles:

§§25 (5), 60 (7), 25 (4b) S. 3 Residence Act

Provisions for extension of residence titles:

§§25 (5), 60 (7), 25 (4b) S. 3 Residence Act

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Legal rights of TCNs who have become victims of human trafficking (2)

Residence permits for temporary stay (Section 25(4) Residence Act)

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Identification & protection of trafficked Identification & protection of trafficked persons in the asylum systempersons in the asylum system

European UnionEuropean Refugee Fund

Project background

Situation at the outsetAnecdotal references: links between ThB and the asylum system. But no

systematic knowledge or approach to this nexus.

Project aimsExchange experiences on the protection of trafficked persons between relevant

stakeholders. Collect and systematize existing practical evidence. Raise awareness to enable identification and protection.

Activities• Research relationship between asylum procedure and protection of trafficked

persons assessment of Nigerian asylum cases

• Awareness-raising for asylum decision makers of the BAMF• 2-day training of trainers for decision makers from the 22 local BAMF offices• Creation of networks between asylum decision makers and relevant local

counselling organisations for trafficked persons

• Publication in order to raise awareness more broadly in Germany

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Assessment: Nigeria

Nigeria chosen for in-depth analysis as a relevant third country both in terms of asylum and trafficking in human beings

Methodology• Case sample of 214 Nigerian asylum applicants in Germany• First filtering of the asylum interview protocols – 164 cases further

assessed for hints pointing to trafficking for the purpose of sexual exploitation using Palermo Protocol definition and indicators:• General indicators: Being forced to prostitution, limited freedom of

movement, threats and use of force, bonding/impressing

• Country-specific indicators Nigeria: female traffickers, use of magic and witchcraft

• Quantitative and qualitative analysis - different variables• Second analysis of the 164 asylum cases based on findings in

previous steps

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Assessment findings

Different evidence was found that poined to trafficking in human beings:

• 53 out of 164 interviews (32,3%) contained hints towards ThB

• In 9 cases women had been apprehended by police in red light districts and had filed asylum applications from detention

• 16 other transcripts contained direct reference to forced prostitution

• In the other cases, combinations of other indicators were found, e.g.– „She threatened my family in Africa. [Further reference made to witchcraft]“– „The people who brought her here had threatened her and accomodated her in different

places.“

Further analysis of these cases points to additional possible indicators relevant for nexus trafficking and asylum:

• Longer stays in other EU member states before entering Germany (17 cases)• Pregnancy - 35,8% of the women reported to be pregnant/ have a child from a man in Germany• Delayed asylum application: 73,1% of the women only applied for asylum later than three

months after entry

A significant number of the other 111 cases showed some of these additional indicators; the number of potential cases of trafficking might have been larger

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Outcomes of the asylum procedures

• Asylum applications were mostly rejected

• The rate of identification of cases of trafficking was low

• Many different reasons for this, including• Complex and multi-facetted nature of trafficking in human beings• Potential lack of awareness of asylum decision makers for trafficking• Potentially trafficked persons did not explicitly mention trafficking (but references

to relevant aspects were made in some of the interview transcripts)• Applicants stayed very vague, and sometimes made unlikely/ questionable

statements about their journey to and stay in Germany

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Conclusions from the trainings with the asylum decision makers (1)

Importance of the asylum procedure, in particular the hearing:• potentially the only chance to identify victims of trafficking and for

consequent assistance, prosecution and protection

• after being trained, asylum decision makers confirmed previously having had asylum cases which might have been cases of trafficking in human beings

Some steps an asylum judge could take in case of initial trafficking evidence:

• Ideally, referral to specialized counselling centres for trafficked persons

• Possiblity to interrupt the hearing and• consult other sources of information (e.g. police reports; criminal proceedings, …)• Continue it with the special representatives of the BAMF for trafficking in human

beings or gender-specific prosecution

• Rerral to other agencies (state obligation to prosecute and protect); immediate protection measures (data protection; alternative accomodation, …)

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Conclusions from the trainings with the asylum decision makers (2)

Additional measures were suggested, in particular• Further awareness raising for all asylum decision makers, including more

specific training and country of origin information specifically on trafficking in human beings

• Collection of statistical data on cases of trafficking in the asylum procedure

• Specific guidelines for asylum decision makers concerning trafficking

• Need for more broad establishment of/ participation in cooperation structures and networks at local level, including accomodation centres for asylum applicants and centres providing for counselling for asylum applicants

• Introduction of special representatives for trafficking in human beings

Trainings were considered relevant; led to more cooperation between BAMF and specialized counselling centres for trafficked personsProject has led to increased awareness within the BAMF and further steps are being taken to address trafficking and asylum nexus

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Cooperation between authorities: state of the art and future plans (1)

Suspicion case Suspicion case

Police controlsPolice controls

Obligatory witness

statement

Obligatory witness

statement

Protective measures if

person is endangered

Protective measures if

person is endangered

Specialized counselling centres for

trafficked persons

Specialized counselling centres for

trafficked persons

AccommodationAccommodation

Trauma Counselling

Trauma Counselling

SupportSupport

Medical careMedical care

Vocational training and integration

Vocational training and integration

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Cooperation between authorities: state of the art and future plans (2)

• Cooperation during asylum procedure• Special representatives for victims of trafficking in

human beings in every branch office of BAMF advise asylum decision makers and establish contact to social workers

• Cooperation during forced return• Foreigners authorities consult specialized counselling

centres for trafficked persons

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Cooperation between authorities: state of the art and future plans (3)

Plans to facilitate identification:

•Instructions for asylum decision makers

• Shall facilitate the identification and handling of human trafficking cases

• Provide common definition and indicators•Awareness raising

• “Are we aware?” film by IOM and UNODC• Annual meeting of asylum decision makers• Further training• Guidelines

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THANK YOU FOR YOUR ATTENTION

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