October 18 marks the European Day against Trafficking in Human Beings and there are still many challenges facing this new form of slavery in the 21st century. According to reports published by the EU statistical office, Eurostat, more than 7,000 people are victims of human trafficking in the EU. The majority of registered victims are women and girls (68% of the total), and sexual exploitation is the predominant form of trafficking (56%).
On the other hand, the Group of Experts in the Fight against Trafficking in Human Beings (GRETA) points out that trafficking for labor exploitation has
has become its main manifestation in a growing number of European States, representing more than 50% of the victims identified in countries such as Belgium, Latvia, Malta, the Republic of Moldova, Portugal and the United Kingdom.
In the case of Spain, according to the 2018-2022 Statistical Balance on Trafficking and Exploitation of Human Beings in Spain, in 2022, a total of 6,655 people were identified at risk of trafficking and sexual exploitation (41.48% more than compared to the previous year) and 15,711 workers as potential victims of situations of trafficking and/or labor exploitation (13.55% more than in 2021).
However, these data only reflect the tip of the iceberg. According to the United Nations Office on Drugs and Crime, for every identified victim there are twenty more unidentified victims. This number increases if we take into account the data provided by social entities that are working directly in the contexts of exploitation. And we find ourselves at a key moment, both at the European and state level, to advance in the generation of broader frameworks of rights for victims of trafficking.
On the one hand, the European Council has outlined the need to move forward in this direction by promoting, in December 2022, the reform process of the European Directive on the fight against trafficking. On the other hand, at the state level, during the previous legislature, the process of drafting a Comprehensive Law against trafficking and exploitation was promoted, which was paralyzed with the dissolution of the chambers.
Human rights approach
The RECTP, of which Cáritas is a part, has participated in both processes by offering proposals generated from experience and specialization in direct work with victims and potential victims. In both cases, the importance of advancing regulations that have a focus on human rights, childhood, disability, intersectionality and gender has been highlighted, where prevention, detection, intervention and care for victims is prioritized, over action focused on priority in the prosecution of crime, reinforcing collaboration with specialized social entities that provide direct assistance.
Regarding the reform of the European Directive, in March 2023, the RECTP held meetings with the Coordinator against Human Trafficking of the European Union, Diane Schmitt, to send her the proposals prepared by the platform regarding the modification of the Directive. . The RECTP expressed its concern about improving the detection and identification processes, so that they allow for the direct participation of specialized social entities that intervene with victims and potential victims.
With the aim of improving identification and protection, the importance of articulating safe avenues for reporting that prevent the imposition of sanctions – such as expulsion – or the need for access to avenues for legal residence for victims in an administrative situation was pointed out. irregular, which represent a high percentage due to the usual transnational nature of the crime of trafficking in human beings.
For its part, Spain currently holds the Presidency of the Council of the European Union. Among its main issues and highlighted for its particular relevance during that period, is “ending trafficking.” Despite the fact that the Government has adopted some instruments in the fight against trafficking in recent years, such as the National Strategic Plan against Trafficking and Exploitation of Human Beings (PENTRA, 2021-2023) or the Operational Plan for the Protection of the human rights of women and girls victims of trafficking, sexual exploitation and women in contexts of prostitution (Plan Camino, 2022-2026), among others, our country still does not have a coherent legal framework.
The RECTP claims the need for a comprehensive law against trafficking that has the rank of Organic Law and consolidates the advances that have been made in this area in recent years and provides a stable framework of obligations, providing coherence to the current legal system. This law would be the appropriate instrument to correct practices that impose barriers and obstacles to the enjoyment of the human rights recognized by victims of trafficking. Likewise, it would allow compliance with the international obligations assumed by Spain, in particular, the duty to act with the
due dilegence.
For all these reasons, the RECTP urges the Government to promote, within the framework of the Spanish Presidency of the Council of the European Union, the modification of the Directive that guarantees the protection of the rights of all victims and survivors. Likewise, we ask all political forces in Spain to assume a solid commitment to continue advancing in the fight against trafficking and exploitation through the adoption in this new legislature of a comprehensive Law from the perspective of human rights, childhood, disability, intersectionality and gender.
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