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Human rights in Ukraine – 2008. 18. HUMAN TRAFFICKING AS A MODERN FORM OF SLAVERY

27.06.2009   

[1]

1. Overview

The problem of human trafficking and organizing anti-trafficking measures, as well as providing assistance to its victims, remain as current as ever. Most of the conclusions regarding ensuring the rights of victims from the annual reports «Human Rights in Ukraine» for 2006 and 2007 remain valid at the beginning of 2009. We are therefore prompted to highlight some new aspects, in particular developing transparency in the work of the authorities in countering human trafficking, analysis, circulating information on the problem on the websites of State institutions, and so forth.

The main problem areas with implementing State anti-trafficking policy remain effective examination and judicial punishment of the perpetrators, as well as organizing the help which victims need in accordance with the demands and standards of international documents, such as the Council of Europe Convention on Action against Trafficking in Human Beings which formulates the basic principles of governments’ role in this sphere.[2], OSCE Action Plan to Combat Trafficking in Human Beings [3] and others..

Each year since 2001 the US State Department’s Office to Monitor and Combat Trafficking in Persons has published a report on the situation throughout the world. In gathering and analyzing information, it divides countries into three groups, first, second and third in terms of the level of implementation of anti-trafficking policy. Ukraine’s positioning has been as follows:[4]:

 

2001

2002

2003

2004

2005

2006

2007

2008

 

2

2

2

2 Watch list

2

2 Watch list

2

 

The main criticism of Ukraine’s policy has concentrated around problems with coordinating the efforts of different bodies, not enough court prosecutions and the effective lack of opportunity for providing assistance to victims.

A major international event stimulating activity on combating the commercial sexual exploitation of children at national and international levels was the Third World Congress against the Sexual Exploitation of Children and Adolescents. (25-28 November 2008). The Congress was organized by the Brazilian Government, by the organization ‘End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes’ (ECPAT) and by the United Nations Children’s Fund (UNICEF)[5]. Unfortunately Ukraine did not have an official Government Delegation at the Congress and it was represented by civic and international organizations. The All-Ukrainian Network on Combating the Commercial and Sexual Exploitation of Children prepared a monitoring report on how State on combating trafficking of children is being implemented.[6]. No governmental report was presented.

 

2. The activities of State bodies and coordinating their work

A roundtable was held on 27 February 2008 by the Verkhovna Rada Committee on Legislative Backup for Law Enforcement Activities on implementation of the State Anti-trafficking Programme. It formulated relevant tasks for improving the work of State bodies on combating human trafficking, as well as recommendations for State structures, international and civic organizations.[7].

On 19 November 2008 the Cabinet of Ministers adopted Resolution No. 1013 «On criteria for assessing the risk factor in carrying out economic activity involving acting as middleman for job recruitment abroad, and determining the regularity of State supervisory (control) measures». This normative legal acts establishes clear criteria for determining how much risk a person could face from the fraudulent activities of dishonest licensees, the unlawful activities of foreign employers and the risk of falling victim to human traffickers.

In 2008 the work of the Inter-Departmental Coordination Council on Issues of Demography, Family Policy, Gender Equality and Combating Human Trafficking was restarted, after virtually not working in 2007. Three meetings were held during 2008. However with such a wide range of areas of social policy, the Council cannot function effectively as was demonstrated in 2008.

In response to criticism from civic and international organizations, including the International Women’s Human Rights Centre «La Strada – Ukraine», the Ministry on the Family, Youth and Sport, which remains the coordinating body among the central authorities in the area of combating human trafficking, initiated the preparation of a Cabinet of Ministers Resolution to create a separate Inter-Departmental Coordination Council on Combating Human Trafficking, separating this from the above-mentioned Coordination Council with broader scope created in 2007.

Such a step could have led to improved coordination of the work of different structures at national level, while also being reflected in the work of regional structures which follow the pattern and model of work of the national coordinating body.

However the draft resolution was rejected by the Ministry of Justice.

During 2008 the Ministry on the Family, Youth and Sport, together with civic and international organizations, worked on updating the State Anti-Trafficking Programme up to 2010 in accordance with adopted rules and requirements for such programmes. They endeavoured to turn an effectively little connected action plan into a document setting out strategic objectives, measures to achieve these, anticipated results, indicators for assessing activity, strategy for carrying out monitoring of implementation of this programme.

However the work was not supported by the Cabinet of Ministers and not included in the updated document.

At the end of 2008 there was a danger that the existing anti-trafficking programme would be cancelled altogether, however fortunately this did not happen.

Analyzing the activities of State structures on combating human trafficking, one can conclude that despite serious failings, the Ministry on the Family, Youth and Sport in 2008 significantly increased its activities. Separate funding was allocated from the Ministry’s budget for implementing measures.

Of particular importance is the fact that activities were directed towards the development of a system of referrals for trafficking victims which is a basic mechanism for providing such victims with assistance. The work was carried out in close cooperation with the Office of the OSCE Project Coordinator and La Strada – Ukraine, the International Organization for Migration, civic organizations and charities.

The position of the Ministry of Health is still not sufficiently active.

In order to ensure efficient contact between those involved in carrying out coordination of State anti-trafficking policy and the subordinate body which implements directives on concentrating its own efforts in a given direction of State policy of the given profile, the following suggestions, supported also by international experts (OSCE, IOM, ILO) warrant attention:

-  In order to improve the impact of those carrying out coordination to consider the possibility of creating a separate office of National Coordinator on combating human trafficking (this could be a public official at the level of Deputy Prime-Minister, or office which would carry out coordination via decisions approved by a Deputy Prime-Minister;

-  To carry out objective assessment of State policy in this area to consider the creation of a separate office of National Coordinator on combating human trafficking which would be independent of the executive branch of power;

-  Attention is given to improving the advisory system of the Inter-Departmental Coordination Council – an Expert Working Group possibly through the creation of a merged advisory body including the Minister of his/her Deputy with the right of delegating decision-making powers to designated individuals like representation in court with the maximum range of rights).

Among problems which also need to be resolved, although not necessarily at legislative level, is that of general, unified, objective State statistics in this area. At present all those carrying out the State programme provide purely departmental statistics with this at variance in its methodology from the statistics of international and civic organizations, and from the system for collecting statistics in other countries.

 

Transparency in coverage of State policy on combating human trafficking

Topics around prevention of human trafficking are covered on the website of the Ministry on the Family, Youth and Sport. The section «Countering human trafficking» contains the State Anti-trafficking Programme for 2006-2010. Information about current measures, seminars, confidences, etc is posted in the news section.

Nine ministries and a lot of departments are involved in implementing the State Anti-trafficking Programme for 2006-2010.

 

Analysis of the websites of ministries and departments involved in implementing the State Anti-trafficking Programme

 

Ministry or department

Has a separate section «Combating human trafficking»

There are some State documents on anti-trafficking issues

contains the State Anti-trafficking Programme for 2006-2010

There is news on the subject, with coverage of current activities

There are analytical material, publications, reports

There is the opportunity to ask questions, receive consultations

Ministry of Education

-

-

-

+

-

+

Ministry of Justice

-

+

-

+

+

+

Ministry of Employment and Social Policy

-

+

-

+

-

+

State Employment Service www.dcz.gov.ua

-

+

-

+

+

+

 

Ministry of Internal Affairs[8]

-

+

-

+

+

+

Department for fighting crimes linked with human trafficking www.ctu.mvs.gov.ua

+

+

-

+

+

+

Department for monitoring human rights observance in police stations

+

+

+

+

+

+

Ministry of Foreign Affairs

-

+

-

+

+

+

Ministry of Health

-

-

-

-

-

+

SBU [Security Service]

-

-

-

+

-

+

Ministry of Transport and Communications

-

-

-

-

-

+

State Border Guard Service

-

+

-

+

+

+

State Committee for Television and Radio Broadcasting

-

-

-

-

-

+

State Committee for Nationalities and Religion

-

-

-

+

+

+

Ministry on the Family, Youth and Sport.

+

+

+

+

+

+

Ministry of Culture and Tourism

-

-

-

-

-

+

National Bureau of Interpol

-

-

-

-

-

+

State Committee on Regulatory Policy and Enterprise

-

-

-

-

-

+

 

Through information resources (www.dcz.gov.ua, 27 websites of regional employment centres and www.trud.gov.ua), regularly inform the public of the possibility of receiving social services in the employment service, consultations regarding current legislation, looking for a job, news from the regions regarding work with the public by employment centres, provision of services to employers, cooperation of the service with social partners.

In 2008 new free social services were introduced – a mobile service «Looking for work» (number 730). Around 3, 4 thousand people approach the portals of the Employment Service each day. With the help of the «Looking for work» service, people can look at current vacancies, and in the section «Work», each can leave their CV. The State Employment Centre’s nationwide database is updated on a daily basis and on 29.12.2008 contained around 100 thousand vacancies and 330 thousand CVs of people seeking work.

At the base employment centres there is an automatic system which provides callers from landlines with information about vacancies as the result of an automated selection of types of work.

There is an operator centre which, by ringing 8-800-50-50-600 jobseekers can contact with questions concerning employment.[9].

 

3. Legislation on combating human trafficking

Work on a comprehensive law «On combating human trafficking»

With the aim of resolving the above-mentioned problems and in compliance with Cabinet of Ministers Instruction from 27 February 2008 No. 383, the Ministry on the Family, Youth and Sport drew up a draft Cabinet of Ministers Instruction «On approving a Concept Framework for a Law «On combating human trafficking and assistance for trafficking victims», and in a letter from 24 December 2008 № 4.3/2332 sent it for review to the Cabinet of Ministers.

After this the Working Group drew up the actual Concept Framework for a Law «On combating human trafficking and assistance for trafficking victims» which passed through coordination procedure in central executive bodies and was sent to the Cabinet of Ministers. Later the Working Group set about preparing the draft law.

This is not the first attempt: a draft law was drawn up back in 2002-2003 by a group of authors. However the previous drafts by specialists were not considered by the newly created team.

 

Legislative consolidation of State anti-trafficking policy will free it from the vagaries of political circumstances and from the level of expertise and understanding of heads of the particular ministries and departments. The process of drawing up the law is reasonably public, demonstrating real and productive cooperation between State structures, civic and international organizations.

The European Convention on Action against Trafficking in Human Beings (2005), which pays attention to observance and protection of the rights of trafficking victims, still awaits ratification. However there is no clarity on this at present.

A positive event which took place on 5 March 2009 was the adoption by the Verkhovna Rada of a Law «On a nationwide programme «National Action Plan for implementation of the UN Convention on the Rights of the Child», which had been on parliamentary consideration since 2006. The National Action Plan is aimed at merging into one system State efforts on protecting the rights of the child. It is directed at ensuring optimum functioning of an integrated system of protection of children’s rights in Ukraine in accordance with the demands of the UN Convention on the Rights of the Children, and taking into consideration the development aims announced in the UN Millennium Declaration and the strategy of the Special Session of the UN General Assembly on Children «Building a World Fit for Children».

The National Action Plan was adopted without a list of measures. According to a Verkhovna Rada Resolution, these need to be prepared by 5 June 2009.

The National Action Plan contains a separate section on protecting the rights of children in connection with various issues, including trafficking in children, sexual exploitation and other forms of ill-treatment.

A main task in this sphere should be raising the effectiveness of preventive and explanatory work among parents in order to prevent brutal treatment of children, improve procedure for identifying children who have suffered from sexual exploitation and other forms of ill-treatment, ensure the functioning of a system to protect children from ill-treatment and carry out the relevant preventive work.

Among negative aspects of 2008, we must note the latest failure by the Verkhovna Rada to ratify the Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption.[10]. It envisages liability and tasks dividing countries of origin and destination countries, bearing in mind organizational differences and national legislation. One of the fundamental principles of the Hague Convention is that adoption is not a personal matter which can be left in the competence of the child’s relatives, legal representatives of future adoptive parents. This is a social and legal means of protecting the child. Therefore the procedure for inter-country adoption must be the responsibility of the countries involved who must guarantee that the adoption is in the best interests of the children, as well as of the child’s basic rights.

Ratification is still needed of the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse. The Convention was signed by Ukraine back in 2007, but a law has still not been tabled for its ratification by the Verkhovna Rada.

The Convention contains 50 articles and a number of obligations for the parties to it. These include establishing criminal liability for sexual abuse, the organization of child prostitution and pornography, and the participation of a child in pornographic exhibitions, abuse of children and sexual harassment of children. It also covers methods of protection and help for victims, through, for example, help lines, including for the prevention of repeat victimization, special institutions and coordinating bodies on preventing and combating sexual exploitation and abuse of children, development of programmes and measures for correcting the behaviour of law enforcement agencies and others.

 

4. Investigation into crimes

Overview of the situation as regards countering human trafficking reflected in Ministry of Internal Affairs’ statistics. Already in 2007 there was a fall in the level of crime. If in 2005 and 2006 over 400 trafficking-related crimes were recorded each year, only 359 such crimes were recorded in 2007. In 2008 322 crimes under Article 149 (human trafficking or other illegal agreement with respect to a person) of the Criminal Code were established, with 342 victims being returned to Ukraine, including 37 children, while 18 organized trafficking gangs were broken up.

As can be seen from the graph, the problem of court examination and the handing down of sentences to perpetrators remains a very serious obstacle to exercising the right of victims of human trafficking to fair court proceedings and moral and material compensation.

 

5. Provision of assistance to human trafficking victims

2008 saw positive changes in the attitude of the State structure to the provision of assistance to trafficking victims. The Ministry on the Family, Youth and Sport and the State Social Service for the Family, Children and Young People provided assistance to the first nine victims of human trafficking. This marked a beginning to breaking down the trend where help to victims has remained the responsibility of international and civic organizations.

In implementation of Item 22 of the State Anti-trafficking Programme (Promoting employment and vocational training for Ukrainian nationals who have suffered from human trafficking), during 11 months of 2008 the State Employment Centre sent over 229, 7 thousand people for vocational training, this being 17.1 thousand more than over the analogous period in 2007 (212.6 thousand). Training was provided in professionals in demand on the labour market, or which provide the opportunity of individual labour.[12]. At the same time, no figures were provided in the report on implementation of the State Anti-trafficking Programme for the number of victims of human trafficking who underwent training within the system of the State Employment Centre and regional employment centres.

At the present time, with the financial support of the Internal Organization for Migration, there are 8 centres for victims (in the Volyn, Zhytomyr, Lviv regions, 2 in the Odessa region, the Chernivtsi and Kherson regions, and in Kyiv (medical – rehabilitation). The work of these centres is aimed at providing legal defence of victims, providing confidential medical examinations, social and psychological assistance. Reintegration programmes envisage training seminars, individual work aimed at future employment of trafficking victims, providing practical assistance and resolving housing and material issues.

During 2008 the Ministry on the Family, Youth and Sport, in cooperation with IOM, carried out monitoring of State and regional anti-trafficking programmes in the Western and Southern regions of Ukraine (Kherson, Odessa, Mykolaiv, Ternopil, Lviv, Chernivtsi, Transcarpathian, Chernihiv regions, and in the Crimea). The results of the monitoring are being processed for future work and the possibility of making proposals and comments, for taking into consideration in future work with the regions. They will be posted on the Ministry’s site, sent to regional Departments on the Family, Youth and Sport.[13].

At the same time it should be noted that the State Anti-trafficking Programme for the period up to 2010 does not contain provisions on the need to provide assistance to trafficking victims or to create a system for organizing such help, as was already noted in previous reports. Amendments to the State Programme, initiated by civic and international organizations, together with the Ministry on the Family, Youth and Sport were not supported by the Cabinet of Ministers.

 

Number of human trafficking victims provided with assistance by La Strada – Ukraine (2003-2008.)

 

2003

2004

2005

2006

2007

2008

Number of victims

94

101

198

199

183

414[14]

 

Number of human trafficking victims provided with assistance by the Representative Office of the International Organization for Migration in Ukraine (2000-2008)[15]

Forms of exploitation which trafficking victim helped by IOM in 2004-2008 were subjected to[16]

Gender of trafficking victims [17]

Breakdown of victims according to gender and form of exploitation[18]

An analysis of the data shows that there has been an increase in the number of men among victims of human trafficking who were helped by international and civic organizations.

The following organizations take an active part in the system for providing assistance to trafficking victims: «Avenir» (Zhytomyr); «Veritas» (Odessa); «Vesta» (Uzzhorod); «Rebirth of the nation» (Ternopil); «Faith, Hope, Love» (Odessa); «Volyn Prospects» (Lutsk); «Donetsk Regional League of Business and Professional Women»; «Women of Donbas» (Luhansk); «Women’s Information and Consultation Centre» (Dnipropetrovsk); «Lyubystok» (Mykolaiv); «Youth Centre of Women’s Initiatives» (Sevastopol); «Hope for the Future» (Simferopol); «Progressive women» (Vinnytsa); «School of Equal Opportunities» (Kyiv); «Path to Life» (Kharkiv); the Charitable Fund Caritas of the Ukrainian Greek-Catholic Church (Ivano-Frankivsk) and in Khmelnytsky; the Charitable Fund «Salyus» (Lviv) Dovira-MET (Sumy); the International Women’s Human Rights Centre «La Strada – Ukraine» (Kyiv); «Women’s Community» (Kharkiv); «Successful Woman» (Kherson); the Centre for Support of Civic Initiatives «Chaika» (Rivne); ; «Suchasnyk» (Chernivtsi) and others.[19].

 

Organization of assistance to male (potential) victims of human trafficking

In 2008 activity gained momentum in providing various types of assistance to men, both those who had suffered from human trafficking, and in order to stop people falling into traffickers’ traps. This is an absolutely objective trend linked with the sharp rise in the number of men suffering from various forms of human trafficking, first and foremost, labour exploitation.

For example, from July 2008, as part of the project «Men’s Initiatives on Combating Human Trafficking in the Kherson Region» which is being undertaken by the Kherson Regional Civic Centre «Men against Violence» with the support of the International Organization for Migration, a consultation office has been providing free information, psychological and legal consultations.

There are three aspects to the work. firstly, consultation of people, mainly men, who are planning to work abroad; secondly, information to male victims of trafficking and their families, referral to special institutions providing help, psychological assistance at a personal level and with dysfunctional social relations, free legal consultations, and thirdly, training of volunteers for work at the consultation office.

Specialists of this consultation office can also provide referrals to other services and institutions in order to ensure comprehensive assistance to the client, where additional social or qualified services are needed and where certain services are not available in the office. A multidisciplinary team can also take the decision to use extra resources to improve the victim’s difficult living circumstances. In connection with this and in cooperation with the partner civic organization «Kherson Regional Centre «Successful Woman», a system of reintegration assistance for victims has been organized which includes the possibility of taking part in the IOM reintegration programme.[20].

Over 60, 000 people have received individual consultations, in person, by telephone or through email in Consultation Centres for Migrants with the IOM National Help line.[21]

Over 112, 000 people approached the contact centre attached to the Ministry of Foreign Affairs in the first half of 2008.[22]. However one feels well-founded suspicion over the declared number of consultations since simple calculations indicate that the duration of each is measured in seconds.

 

Creation of a National Referral Mechanism for victims

Active efforts on building a national referral mechanism for human trafficking victims are being made by the Ministry on the Family, Youth and Sport and the Office of the OSCE Project Coordinator in Ukraine.

In 2008 work was completed on a study begun in 2007 into requirements for a National Referral Mechanism (NRM) for human trafficking victims. The study was undertaken by a group of independent consultants (one international, two Ukrainian) and commissioned by the OSCE Project Coordinator in Ukraine, at the request of the Ministry on the Family, Youth and Sport, with the financial support of the Danish Ministry of Foreign Affairs within the framework of the Danish Programme for Combating Human Trafficking in South-East and Eastern Europe. The report of the study «Assessments of the Requirements of a National Referral Mechanism for Human Trafficking Victims in Ukraine» was submitted for the consideration of the Inter-Departmental Coordination Council on Issues of Demography, Family Policy, Gender Equality and Combating Human Trafficking and was approved at its meeting on 3 July 2008.

According to the conclusions of the study and based on the decision of the Inter-Departmental Coordination Council, the Ministry on the Family, Youth and Sport approached the OSCE Project Coordinator in Ukraine with a proposal to prepare and implement a project on developing NRM using the best international experience. The project proposal was prepared and agreed for implementation over 2009-2011. The project envisages measures for improving the normative legal base in the area of identification and provision of assistance to victims of human trafficking, drawing up mechanisms of interaction and cooperation of various State bodies and services, as well as civic organizations. It is planned to iron out the practical aspects for the functioning of the NRM through implementation in two pilot regions. In determining these regions a number of factors will be taken into consideration, including differences in demographic and socio-economic position in the regions, in geographical position etc.

In addition to the above, over recent years the OSCE Project Coordinator in Ukraine has also carried out a number of other measures which indirectly promote the development of NRM in Ukraine. Among such measures we should mention seminars and training courses for representatives of different State institutions and departments, for example, district police inspector services, regional authorities, representatives of the medical community and others. During such events the issue of identification and provision of assistance to victims of human trafficking was considered. There have also been a number of publications which address among other things various aspects of providing help to such victims[23].

 

«La Strada – Ukraine» National Helpline against Human Trafficking[24].

During the period November 1997 – December 2008 there were 38 761 calls to the National Helpline.

 

Statistics for calls to the «La Strada – Ukraine» National Helpline from 2003 – 2008

 

 

2003

2004

2005

2006

2007

2008

Number of calls

4851

6191

4810

4720

3943

3247

 

The main issues with which people call the helpline concern possibilities and conditions for finding work abroad, checking out firms which offer go-between services for finding work (45, 8%); questions about people who have disappeared abroad (7 %); looking for ways of returning home and help for victims who have returned to Ukraine (2 %); general conditions for marrying a foreign national (2, 3%); the legal consequences of divorcing a foreign national and questions related to getting children back (1, 7%); the possibilities for moving abroad permanently (1, 1%), consultation on court trials in cases of human trafficking (1, 2%), questions regarding private tourist trips (3, 2%), studying abroad (2, 2%) and other issues (33, 5%).

A considerable number of calls concern complaints about the dishonest activities of firms offering go-between services for finding work abroad: the firms don’t carry out their duty, don’t have the relevant State registration (licence for carrying out «intermediary services in finding employment abroad») and accompanying documents, refuse to sign a labour agreement or contract with the employer, take an advance payment for their services, and then don’t return the money if the embassy turns down the visa application, and even threaten people.

An important way of approaching the Centre is through online consultations. From January to December 2008 the Centre gave 235 consultations. During the entire period from January 2004 to December 2008 there were 1, 281 such consultations.

In 2008 the Centre continued to cooperate with the MIA Department on Fighting Crimes connected with Human Trafficking. Representatives of the Department took part in the action «16 days against gender violence» on the Centre’s Helpline on 26 November, 3 and 10 December from 17.00 to 19.00. During this period 17 consultations were given to people who had suffered not only from fraudulent go-between films, but from specific individuals engaged in criminal activities.

Complaints also concerned State bodies:

-  The Ministry of Internal Affairs (for inaction in getting rid of go-between firms continuing their fraudulent or criminal activities);

-  The Ministry of Employment and Social Policy (for issuing licences to firms engaged in fraudulent or criminal activities, also in the refusal by the licensing department to check licences of go-between firms);

-  The Ministry on the Family, Youth and Sport

-  Bodies of local self-government and local State administrations

M., an 18-year-old from a school-orphanage, was underage when he became the victim of human trafficking in the form of labour exploitation. After returning to Ukraine the need arose to fix a place to live. His mother drinks and has been stripped of her parental rights. At present he has no permanent place of registration. Approaches to the relevant State structures to resolve this have not brought any success.[25]

-  The Ministry of Foreign Affairs (for dragging out cases involving searching for people who have fallen victim to human traffickers abroad; );

«How can one punish a go-between firm for deception?»

«Why do go-between firms which have licences at the present time cheat people, why does the State not control this process?

The issue of legal culture and public awareness about human trafficking

A study carried out in 2008 gives grounds for concluding that awareness among various groups of the problem of combating human trafficking is increasing which is instead a positive trend.

For example, a survey of students at vocation colleges showed a «fairly high» level of awareness. The students were well aware of ways you could end up in the clutches of human traffickers, as well as of how to protect yourself before the trip. Yet among the most authoritative sources of information about a trip abroad respondents named those people who had already visited other countries (68%) and relatives (57%). It is worrying that students are inclined to rely on information from those who have been abroad. It is quite possible that such a person could prove to be a recruiter.

Teachers assess the level of safe conduct skills to be on a low level.

 

Recommendations

1) The most important measures in the area of legislation:

−  Ratify the Council of Europe Convention on Action against Trafficking in Human Beings;

−  Ratify the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse

−  Make changes to Article 301 of the Criminal Code defining the term «child pornography»

−  Finalize and table for the consideration of the Verkhovna Rada a comprehensive law «On combating human trafficking»;

−  Draw up and approve State standards of social services in the area of combating human trafficking;.

2) The most important measures on State management and coordination of activities

−  Complete the process of creating a separate Inter-Departmental Coordination Council on Combating Human Trafficking;

−  Create separate sections on the websites of State bodies to give coverage of activities in combating human trafficking;

−  Prepare and publish on an annual basis reports with an overview of the situation on combating human trafficking;

−  Create an office of National Rapporteur on issues of combating human trafficking;

−  Create an office of National Coordinator on combating human trafficking

−  Include the these of prevention of human trafficking in the system of training and professional development of specialists working in the area of fighting human trafficking;

−  Introduce monitoring of implementation of the State Anti-Trafficking Programme in accordance with the efficiency indicators drawn up.

3) Prepare a mechanism for social commissioning of provision of services by civic organizations from State structures and measures for providing assistance to victims of human trafficking.



[1] By members of the International Women’s Human Rights Centre “La Strada – Ukraine” K. Cherepakha, T. Doroshok, O. Kalashnyk, K. Levchenko and M. Yevsyukova .

[2] Council of Europe Convention on Action against Trafficking in Human Beings was not ratified by Ukraine’s parliament in 2008 . http://lastrada.org.ua/content/doc/Convention%20on%20Action%20against%20Trafficking%20in%20Human%20Beings1.doc

[3] Decision no. 557 OSCE Action Plan to combat trafficking in human beings, http://osce.org/press_rel/2003/pdf_documents/07-3447-pc1.pdf

[4] Trafficking in Persons Report, http://state.gov/g/tip/rls/tiprpt/index.htm The report for a particular year is issued around the beginning of June of the following year.

[5] The first such World Congress took place in 1996 in Stockholm. It passed the Stockholm Declaration and Agenda for Action which bound governments to begin active work on combating the commercial sexual exploitation of children, to define and criminalize this offence, and also called for the creation of an international legal document which would formulate the general definitions, principles and obligations in this sphere. The Second World Congress took place in 2001 in Yokohama (Japan). Its practical result was the adoption by the UN in 2002 of the Optional Protocol to the Convention on the Rights of the Child against child prostitution, pornography and trafficking of children. Ukraine ratified this in 2003.

[6] http://lastrada.org.ua/content/doc/Report%20Brazil%202008.pdf

[7] Record and recommendations of the roundtable // http://lastrada.org.ua/readnews.cgi?lng=ua&Id=1424

[8] The MIA website is linked with the site of the Department for Monitoring Human rights Observance in the activities of Internal Affairs bodies, created at the end of 2008 (www.umdpl.info), on which there is a separate section “Combating human trafficking”.

[9] Data on the results of a report on implementation of the State Anti-trafficking Programme for the period up to 2010 during 2008 (the State Programme was approved by Cabinet of Ministers Resolution No. 410 from 07.03.2007) summarized by the Ministry on the Family, Youth and Sport

[10] In March 2009 the Verkhovna Rada again failed to ratify the Hague Convention.

[11] “Countering human trafficking. Ukraine // IOM http://iom.org.ua/img_collection/IOM%20Statistics%20December2008%20Ukr.pdf

[12] Data on the results of a report on implementation of the State Anti-trafficking Programme for the period up to 2010 during 2008 (the State Programme was approved by Cabinet of Ministers Resolution No. 410 from 07.03.2007) summarized by the Ministry on the Family, Youth and Sport

[13] Data on the results of a report on implementation of the State Anti-trafficking Programme for the period up to 2010 during 2008 (the State Programme was approved by Cabinet of Ministers Resolution No. 410 from 07.03.2007) summarized by the Ministry on the Family, Youth and Sport

 

[14] Including 355 child victims of human trafficking, exploitation in the sex business, labour exploitation, cruel treatment, etc.

[15] “Countering human trafficking. Ukraine // IOM http://iom.org.ua/img_collection/IOM%20Statistics%20December2008%20Ukr.pdf

[16] Ibid.

[17] Ibid.

[18] Ibid.

[19] Ibid.

[20] “Men against Violence” provide free consultation” // http://new.humanism.org.ua/index.php?option=com_content&task=view&id=349&Itemid=30.

[21] “Countering human trafficking. Ukraine // IOM , http://iom.org.ua/img_collection/IOM%20Statistics%20December2008%20Ukr.pdf

[22] Study on Labour Migration Issues in Ukraine, carried out with the support of the Open Ukraine Fund, Open Ukraine Report 2008.

[23] Information provided by the Office of the OSCE Project Coordinator in Ukraine

[24] The National Helpline on human trafficking works from Monday to Friday from 9.00 to 20.00, Saturday – from 9.00 to 16.00. It is supported by the Danish Ministry of Foreign Affairs and the DOEN Fund (the Netherlands).

[25] A case which La Strada – Ukraine is involved in.

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