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On March 7, 2007 the Cabinet of Ministers of Ukraine approved the Government Program of Counteraction to Trafficking in persons up to 2010. However, the final redaction became considerably shorter comparing with the draft version worked out by joint efforts of government, international, and public organizations in 2005. For example, now the Program contains no records of the system of realization monitoring, no clauses on creation of the office of the National Coordinator of counteraction to trafficking in persons, on development of national mechanism of redirection of the victims of trafficking in persons etc. The total budget of the program makes as little as Hr1, 469, 700.

Socio-political situation in Ukraine: 2009-2010

Speaking about the socio-political context of counteraction to trafficking in persons, one can but repeat that “in recent years, the organization of counteraction to trafficking in persons in Ukraine has been evolving in a difficult social and political environment, which to a great extent determines achievements and shortcomings in this field.”

2009 became a year of political discussions on the eve of presidential elections, continuation of financial and economic crisis and confrontation of different branches of power that prevented effective management. It was also characterized by continuous political instability and beginning of presidential electioneering, deepening of financial and economic crisis in Ukraine that had its effect on upping inflation, prices and unemployment figures. At the same time those Ukrainians who had gone off in search of a living decided not to return home en mass, though the number of returnees grew up against previous years.

2010 became a year of fundamental political changes in Ukraine affecting not only political elites and parties but also directions and vectors of socio-political development of country, values and reference-points that could not but influence the policy of counteraction to trafficking in persons in Ukraine. The counteraction to trafficking in persons and public policy in this sphere can be considered, in spite of inactivity declaration by predecessors and abandonment of everything that was done, as sheer inertia using past groundwork: approval of the draft concept of the Law of Ukraine “About fighting against trafficking in persons”, ratification of CE Convention about fighting against trafficking in persons, preliminaries for the new program of counteraction to trafficking in persons, re-approval of the order about creation of the Council of Experts for consideration of complaints about sex discrimination.

The reshuffle was undertaken in the Ministry of Ukraine for Family, Youth and Sports and in the Ministry of Internal Affairs2. Besides the political figures of minister and deputy ministers the restructuring touched the chiefs and personnel of the Department of domestic policy of the Ministry for Family, Youth and Sports and Department Trafficking-in-People Crime Control of the MIA of Ukraine. Therefore it’s too early to assess the work of new chiefs. We can only aspire to success of further traditional development.

The new team started with rejection of everything their predecessors did speaking about administrative dereliction of the orange government during five years in office (though the present team at the time held office for one year and a half). Giving political flavor to work and relations became the distinctive mark of 2010. The ambitious statements and declarations of the first six months of 2010 crashed against the results of administrative reform on December 10, 2010 liquidating the Ministry of Ukraine for Family, Youth and Sports. Its functions concerning domestic and gender policy and planning of counteraction to trafficking in persons and protection of children’s rights were not handed over to any single structure. In a few weeks they decided to transfer the Department of Family and Gender policy including a separate department for counteraction to violence and trafficking in persons to the Ministry of Education, Science, Youth and Sports.

At the same time there remains the important initiating and active stand and role of international and public organizations working in the field of prevention of trafficking in persons and international assistance to the victims. Such international organizations as IOM, OSCE, CE, and UNICEF to name a few remained active in control of trafficking in Ukraine.

Five years after Ukraine had signed the CE Convention on the measures of counteraction to trafficking in persons the latter was ratified in September 2010. It is applied to all forms of trafficking in persons: both national and international, linked or not linked with the organized crime. The convention gives the mechanism of identification of the victims of trafficking in persons, provisions about the necessity of criminalization of using the services of a person suffering from trafficking in persons, clauses on travel and certifying documents, provisions on coordination of efforts in counteraction to trafficking in persons and the mechanism of monitoring of the implementation of Convention.

It is the very important instrument of protection of the rights of persons suffering from trafficking in persons. Moreover it helps to establish regional European mechanism of monitoring coordinated by special GRETA task force. The ratified Convention requires amending current legislation.

The estimation of the activity of Ukraine in the reports of international organizations

Annually, in June, ever since 2001, the State Department of the USA prepares and makes public its reports on the state of counteraction to trafficking in persons in different countries. The last report was published in June 2010 summarizing the results for 20093.

During the years of monitoring Ukraine found itself in the second group of countries (it means that the state takes certain steps in direction of counteraction to trafficking in persons, though insufficient) in 2002, 2003, 2004, 2006, 2008 and 2010 (by results of activity in preceding year). And there was also the so-called “supervision list” in 2005, 2007 and 2009. It means that the state can be relegated to the third group of countries and is closely monitored by international missions. The report pending in June 2011 will reflect the results for 2010.

According to the Democracy Index for 2010 (as of November) Ukraine slipped 14 points down to 67th position from 53rd in 2008. Ukraine’s democracy demotion is the biggest in Europe. The worst indexes of Ukraine are in the categories of "functioning of government", "electoral process and pluralism", "political culture" and "political participation". By the index "efficiency of the functioning of government" Ukraine is in the group of countries including Ghana, Dominican Republic, Philippines and Peru yielding to such countries, as Lesotho, Mali, Namibia, Papua New Guinea, Mongolia, Suriname, Jamaica etc4.

By results for 2010, the index of gender development of Ukraine slipped 15 points down.

The UNO department places Ukraine in the middle of the list of destination countries. The last IOM statistics shows that Ukraine has become a destination country.

The government program of economic and social development of Ukraine for 2010 (Crisis-proof program)

The government program of economic and social development of Ukraine for 2010 (Crisis-proof program) among the basic tasks of social policy in the field of family support contains “provisions for equal rights and possibilities for women and men in all spheres of public life, counteraction to sex abuse and trafficking in persons” (p. 19).

The anticipated targets and results include as follows: lower occurrence of domestic violence, cases of sex discrimination, diminishing number of trafficking-in-persons victims (p.21). The planned arrangements include as follows: to draft a Bill “About counteraction to trafficking in persons” (December, 2010), to draft a Bill “About amending the Bill of Ukraine “On prevention of domestic violence” (July, 2010), to draft the decree of the Cabinet of Ministers of Ukraine “About approval of the planned arrangements of the National campaign “Stop Violence!” for 2010––2015” (p.21). The Ministry of Ukraine for Family, Youth and Sports was appointed the chief executor and later liquidated as a result of administrative adjustment.

The program provides for cuts of target programs budgeted by the state and leaving only the top priority tasks for 2010 (the leftover target programs will use other sources of income, such as local budgets, customers’ money etc. provided by the Ministry of Economic Affairs, Ministry of the Treasury, other central executive bodies (с. 10).

1. Labor migration trends

The end of 2008-2009 was characterized by the global financial crisis. In such situation the specialists were at variance about future consequences of world economic crisis for Ukrainian labor migrants. Some experts were of the opinion that it could bring back home a lot of Ukrainian labor migrants, who had lost their job abroad. Taking into account mass job cuts in Ukraine, the labor migrants would join the unemployed at home5. However, other experts, including those from the Ministry of Labor and Social Policy, deny such mass return of labor migrants to Ukraine. By some estimates, the labor migration pattern remains the same: they come to visit their relatives on high days and holidays and later return to work abroad. At the same time there evolves a new pattern of domestic labor migration, when the oblasts with labor-scarcity situation invite workers from oblasts with high unemployment rate. Moreover, Deputy of Verkhovna Rada, ex-Minister of Foreign Affairs Arseniy Yatseniuk thinks that, despite the efforts of the European Union and Russia to limit labor migration to their countries, Ukrainians do not return because there is a great need in skilled manpower6.

2. Institutional steps. Management and coordination problems

The gender policy is coordinated through the intermediary of the Interdepartmental coordinating committee on counteraction to trafficking in persons, domestic violence, gender and domestic policy, protection of children’s rights. Such prodigious office intended to coordinate the activities of different bodies of state power was created as early as in 2007 and survived until 2010. Once and again it was under attack for poor performance. The attempts were undertaken to reform it and create a number of targeted teams instead. In addition, there remained a problem of office work in decision-making. In fact, the Interdepartmental Committee is an advisory board and its decisions should be classified as assignments and instructions of the Cabinet of Ministers to be binding upon central executive bodies, oblast state administrations, and organs of local self-government. After having reformatted it, we should go on boosting the impact of the committee. Its authority is underrepresented; nevertheless, if there is political will, official instructions may be drawn for the Cabinet of Ministers, which practice was resorted to in the past. It is very important at that that its efficiency should be backed by the invitation of representatives of relevant international and public organizations to participate both in committee’s discussions and decision making.

Poor activity coordination remains a problem today. In many situations it is not worsening of activity that matters, but disregarding problems and supporting of far-from-perfect practice of the former government. Anyway, there are no promised improvements.

Collaboration with public and international organizations. An estimation of government’s readiness to cooperate

Actually, all assistance to the trafficking-in-persons victims and prophylactic work (with rare exceptions) are promoted and initiated by the same international and public organizations. Therefore the degree of openness of power to civil society NGOs, its readiness to carry on a dialog and delegate authority are important conditions of success (and existence) of this area of public policy in general.

In order to estimate changes in the field of introduction of gender policy in 2010 against 2009 (including the counteraction to trafficking in persons, prevention of violence against women etc.) the expert inquiry was conducted7. The study does not claim to be exhaustive; however, the polled opinions of activists in the field of protection of rights of women and introduction of gender equality give grounds to bring out trends gender policy development in 2009 and 2010. For the most part the questions touched on the estimation of activity of government bodies of national and oblast level in the field of development and implementation of gender policy, cooperation of state authorities and NGOs, estimation of activity of international, donor and public organizations in this sphere.

By all indicators the state-of-affairs indexes slipped in 2010 against 2009. The lowest became the index “The level of response of the Authorized Representative of Verkhovna Rada for Human Rights to violation of women’s rights and gender discrimination”: 1.77 point in 2009 and 1.4 in 2010. The lowest 2010 index “The level of response of the bodies of state power to violation of women’s rights and gender discrimination”: 1.38 points. The most negative was the dynamics of such indicators as “The attention of top leadership to gender issues” (minus 1.22 points) and “The estimation of performance of the Ministry of Ukraine for Family, Youth and Sports” (minus 1.06 points}.

The highest were such indicators as “The degree of NGO’s activity in the field of protection of women’s rights and promotion of gender equality at the national level” (3.68 point in 2009 and 3.54 in 2010) and “The level of collaboration of the Ministry of Ukraine for Family, Youth and Sports with international organizations at the national level” (3.68 points in 2009 and 3.4 points in 2010).

Recommendations of the UNO Committee on the Elimination of Discrimination against Women

On January 21, 2010 Ukraine presented the combined sixth and seventh periodic report about implementation of the UNO Convention about elimination of all forms of discrimination against women. The report was prepared and submitted in accordance with the procedure of corresponding UNO Committee. The questions to the members of delegation for the most part touched upon the issues of low representation of women among the top leaders and in decision-making, violence against women and organization of counteraction to trafficking in persons.

As to the counteraction to trafficking in persons, the Committee welcomed the activity of Ukraine intended to prevent forced labor and trafficking in persons and fight against them, which had been conducted from the consideration of its last periodic report in 2002, inclusive with the adoption of complex program of prevention of trafficking in persons in Ukraine for 2002-2005 and ratification in 2004 of the UNO Convention against transnational organized crime and additional protocols.

In March 2010 the new government received the UNO Committee recommendations on elimination of discrimination of women, in which it showed concern about low policy efficiency in counteraction to trafficking in persons, low representation of women in top administrative bodies, and about prevalence of gender stereotypes in society, and violence against women (see: http://umdpl.info/index.php?id=1275745690).

At the same time in par. 30 and 31 of the final remarks of Committee members recognizing the efforts of Ukraine intended to tackle the problem of trafficking in women and girls, including the creation of several advisory and consultative bodies, drafting of a bill on combating trafficking in persons and protecting of victims and ratification of relevant international instruments they noted with concern “that he root causes of trafficking are not sufficiently addressed, funding of shelters remains scarce and that, in general, resources allocated to combat trafficking are still inadequate. The Committee is furthermore concerned about insufficient international cooperation to bring perpetrators to justice.” The Committee proceeds and "calls upon the State party to address the root causes of trafficking, to accelerate adoption of legislation on trafficking, to provide sufficient funding for the effective implementation of the State Program for the Prevention of Trafficking in Persons in Ukraine and of other measures aimed at combating human trafficking and to regularly monitor their impact. Furthermore, it urges the State party to take all appropriate measures, including allocating sufficient funding and establishing additional shelters for the rehabilitation and social integration of women and girl victims of trafficking. Likewise, the Committee calls upon the State party to ensure a systematic investigation, prosecution and punishment of traffickers, including through enhanced international cooperation, and to provide information about the number of victims as well as the number of investigations and their outcome."

The Committee requested (par. 50 of the final remarks) the wide dissemination in the State party of the present concluding observations in order to make the people, including Government officials, politicians, parliamentarians and women’s and human rights organizations, aware of the steps that have been taken to ensure de jure and de facto equality of women, as well as the further steps that are required in that regard.

But despite the Committee’s requirements, the Ministry failed to acquaint public with final remarks and to discuss ways of their realization. As to two measures recommended by the Committee––combating trafficking and increase the representation of women in decision-making (accordingly paragraphs 31 and 33 of final recommendations)––the reporting must take place in 2012. The answers to other remarks will be included into next periodic report in February 2014.

Drafting the Bill of Ukraine “About counteraction to trafficking in persons”

On December 15, 2010 the Cabinet of Ministers of Ukraine adopted the resolution No 2257-r «About the approval of Conception of the Bill of Ukraine “About counteraction to trafficking in persons”. Under this document the Ministry of Education, Science, Youth, and Sports, Ministry of Internal Affairs together with interested central executive bodies should “draft, taking into account the guidelines of the Conception approved by this resolution, and submit to the Cabinet of Ministers of Ukraine the Bill of Ukraine “On combating trafficking in persons”8 before December 31, 2010 .

It should be noted that such bill was drafted by the Ministry of Ukraine for Family, Youth and Sports backed by the Office of Coordinator of OSCE Projects in Ukraine and underwent international examination as early as in 2008-2009. It was brought up for public discussions organized on June 30, 2009, and submitted for endorsement to central executive bodies. However, such tight timetable prevents proper public discussion of the final bill.

The enactment of the bill is intended to determine ways of legislative settlement of counteraction to trafficking in persons, minimization of consequences on established legal basis, executive authorities, determination of the status of the victims of trafficking, and priority assistance to such persons. The law should determine as follows: the guidelines of public policy targeted at counteraction to trafficking in persons; authority of executive bodies while combating trafficking in persons; mechanism of prophylactic of trafficking in persons, combating it, and assistance and protection to the wronged persons; rights of trafficking victims applying for aid; principles of international cooperation in combating trafficking in persons; strengthening of responsibility for offences related to trafficking in persons.

The expectations linked to the enacted Bill of Ukraine “On combating trafficking in persons” formulated in the Conception are ambitious, but their realization depends on respective legal formulas, because the wording of the conception is nothing but descriptive generalizations. Therefore, for example, there are different ways to increase the efficiency of activities, improve methods of management, and improve coordination of executive bodies combating trafficking in persons. The international experts and organizations, including OSCE, believe that the creation of institutes of National coordinators may become such effective mechanism. The bill contains no such norms.

The conception contains declarative statements as well; for example, about “imprinting in popular memory of negative attitude to trafficking in persons as flagrant infringement of human rights” or “eradication of popular bias towards victims of trafficking in persons”.

Or such, which, from our point of view, need no embodying in the laws, for example, “the increase of common awareness concerning the ways of elimination of trafficking situations and possibilities of assistance; devising and implementation of prevention of trafficking in persons, preclusive measures (information and education, settlement of migratory issues, socio-economic initiatives)”, “determination of effective pattern of cooperation of executive bodies and local self-government authorities, international, public organizations and legal entities in combating trafficking in persons; revving up international cooperation in combating trafficking in persons and assistance to the wronged persons”.

There are problems, which can be solved only if there is a program budget; for example, “assistance by human services centers for family, children and youth, by the centers for psychological support, centers for children, psychological rehabs for children, establishments set up by enterprises, institutions, charity funds, associations of citizens or individual citizens to the victims of trafficking in persons taking into account their special necessities depending on the form of exploitation, and category of victim (children, foreigners aggrieved from trafficking in persons in Ukraine etc.)”. The amount of financing of the Law of Ukraine “On combating trafficking in persons” is determined annually during reality budgeting at the national and local levels.

There is a positive need in “continuous monitoring of domestic situation checking trafficking in persons and efficiency of combating it and taking into account new challenges.”9

Drafting a program intended to combat trafficking in persons

The effective period of the Government program of counteraction to trafficking in persons ended in 2010; therefore there is a need of drafting a new program of counteraction to trafficking in persons up to 2015. The main questions are as follows: will the new program take into account the recommendations of national and international experts and organizations, consider experience (positive and negative) of previous program, and, which is the most topical, will the budgetary financing be available.

In spring 2010 the Ministry of Ukraine for Family, Youth and Sports created a working group to draft a new program. However, it has not set to work after ministerial reshuffle. As in the case with other programs and documents, in summer 2010 the new appointees started from scratch. The program was expected to be drafted in a few weeks, which was doubted by the experts. at the instance of the Ministry of Ukraine for Family, Youth and Sports the Coordinator of OSCE projects in Ukraine rendered expert and technical support to the interdepartmental team drafting the new Government target program of counteraction to trafficking in persons up to 2015 (2 experts, group conference: July 7 and 21, August 9, 2010). The draft program was finalized in the fall. It is worth noting that it allows for indexes and indicators, which in the future (if the present redaction is approved) will provide the ability to measure the efficiency of performance.

Data collection and analysis

The problem of reliable statistics is still topical in Ukraine. The same is underlined in the final remarks of UNO Committee by results of consideration of the sixth and seventh reports of Ukraine about implementation of the UNO Convention on elimination of all forms of discrimination of women: “the Committee regrets that the report contains insufficient statistical information on the situation of women in all areas covered by the Convention.” Therefore the Committee implores Ukraine to improve data collection system, including the use of measureable indexes for evaluation of trends in position of women and progress in actual equality of women.

In case of need Ukraine was advised to appeal for international aid for data collection and analysis. There is no background on such appeal. There is no uniform system of statistics on trafficking in persons. MIA of Ukraine keeps record of criminalities statistics, the Government service for family, children and youth, International migration organization, NGOs and so on are responsible for aid-to-victims statistics. Meanwhile the Ministry of Ukraine for Family, Youth and Sports is devising an administrative data collection on control of trafficking in persons. However, it is rather alarming that the wronged persons’ DBs may feature no personal data and private life protection.

Law-enforcement activity

In 2009 the MIA Trafficking Crime Control Department filed 279 suits, article 149 CCU. There were 42 wronged children. However, like in the past, only scarce cases came to court or got the sentence pronounced.

In 2009 the Department of Trafficking Crime Control set up an inside cybercrime control unit, which was a positive step. In spring 2010 the new MIA management reorganized the Department of Trafficking Crime Control into the Department of Cybercrime and Trafficking-in-Persons Control. However, at the end of 2010 the reshuffle was still underway. They planned to do away with the department.

During eight months of 2010 the MIA units cleared 189 crimes qualified by article 149 CC of Ukraine (against 279 for 2009), stamped out six international gangs of traffickers (against 11 in 2009). They identified and brought to Ukraine 254 victims of trafficking in persons (against 335 in 2009). For the first six months of the current year the specialized trafficking-in-persons control units drew up 2300 administrative records on prostitutes, including over 40 minors. They detected about 200 brothels and about 100 cases of procuration. Certainly, it is a far cry from the real-life situation in Ukraine, which only testifies to low efficiency of internal affairs units combating trafficking in persons. They tend to detect insignificant crimes only. They fail to notice the long-term activity of international gangs. They verify and solve crimes only when informed by victims, their relatives or NGOs, to which the wronged persons turned to for assistance10.

The experts believe that the MIA units fail even to inquire into the matter of persons belonging to potential risk groups. The most probable routes of trafficking in persons remain outside the investigation. For example, in the early summer, the Ternopil VEZHU sent 49 bachelors of hospitality business for work practice to Bulgaria. However, in reality, the students were reduced to hewers of wood and drawers of water (to clean suites and beaches) 14 hours a day. They were not paid for their work (in fact, their money went to their academic instructors), the children got one meal a day, inappropriate accommodation, and their passports were taken away by employers on arrival to Bulgaria. They had no chance to return to Ukraine on their own. Their phone calls to their educational establishment requiring stopping such “practice” and bringing them back home were ignored. Only after several students had succeeded to escape and return to Ternopil and file an application to militia the students were brought back to Ukraine. The criminal proceedings were instituted against teachers. Unfortunately, there is still no legislative regulation of students’ work practice abroad; not a single Ministry, including MIA, has initiated such step.

The militia units do not devote sufficient attention to functioning of private saunas, massage cabinets, tour operators, marriage and model agencies, which are often a false front of unlawful activity in this sphere. Their activity must be monitored by militia units. The up and going criminal brokerage is the result of inactivity of the organs of internal affairs. The latter ignore instructions of the Decree of the Cabinet of Ministers of Ukraine No 1013 from 19.11.2008 “On approval of criteria of risk evaluation in the case of brokerage in job placement abroad and scheduled inspection periodicity”. This normative legal instrument established clear criteria of estimation of threats for a person of fraudulent schemes initiated by unfair licensees, wrongful acts of foreign employers, threats to fall a prey to trafficking in persons. Its clauses on control and initiation of withdrawal of license by the Ministry of Labor and Social Policy are not fulfilled by law enforcers.

In fact, the organs of internal affairs make no use of the Guidelines for detection and investigation of crimes related to trafficking in persons, which were co-authored with the American association of lawyers in 2009. Their content was agreed with the Judicial Court of the Supreme Court of Ukraine and Prosecutor General’s Office and recommended for implementation by operative and investigatory organs of internal affairs11.

The number of cases of the so-called inside trade in people is upping all the time, and its victims are mostly countrypersons, because there is severe unemployment, outmigration of whole villages, and criminals can easily persuade a peasant through his/her ignorance. The problem is aggravated by the fact that the victims have no idea, whereto they can apply for aid and are afraid of publicity. More and more the Ukrainians exploit their fellow-citizens, esp. labor and sexual slavery. Therefore, the militia units should urgently design a mechanism of detection of the victims of trafficking in persons and aid them, which should be stated in the Law «On prevention of trafficking in persons».

The judicial branch of power: problems of inefficiency

The reports of international organizations and findings of experts permit to state the low efficiency of judicial branch of power, which is brought out by inefficient trials. The problem of trials and passing of sentences seriously undermines the right of the victims of trafficking-in-persons for fair trial. The problem may be tackled with educational measures and advanced training of personnel of the judicial branch of power, including the Academy of Judges of Ukraine and improvement of anticorruption legislation and control, design of mechanisms preventing abuse of power by the representatives of the judiciary.

Indemnification to the trafficking-in-persons victims

In 2008 the European campaign “Europeans for indemnifications to the trafficking-in-persons victims” (Comp.Act) went underway; it intended to provide for real reimbursement of material and moral damage to the victims of trafficking in persons. Comp.Act is a three-year campaign prioritizing the study of real access to indemnity by victims of trading in people, lobbying of inclusion of compensations to the trafficking-in-persons victims into the legislation and legislative actions, training of advocates, policemen, public prosecutors, judges in these fields. The Ukrainian partner is the La Strada Center.

In 2010 - 2011 all campaigners from 15 countries of Europe investigate the trafficking-in-persons victims’ accessibility to compensations. The general aim of the project is to include the issue of indemnifications for the trafficking-in-persons victims into national legislation and real compensation for their material and moral losses. The priorities of the project are as follows: 1. Detection of judicial and system restraints, which prevent the trafficking-in-persons victims from receiving compensations. 2. Protection and aid to trafficking-in-persons victims in getting indemnifications. 3. Minimization of restraints preventing the victims of trafficking in persons in getting their indemnifications.

 Standardization of social services in combating trafficking in persons

In 2010 the standardization of social services in combating trafficking in persons went on in 2010. The 2010 priorities included lobbying of adoption of design-driven documents (Instruction in the pattern of social work in combating trafficking in persons, Preliminary regulations about a hotline for combating trafficking in persons) which had been drafted by a task group and approved by academic council of the State institute for family and youth development in 2009; the international skill sharing and introduction of standards of social services in combating trafficking in persons; improvement of documents (reformatting as an order).

The necessity of adoption of social service standards became a mantra at all-Ukrainian meetings organized by the Ministry of Ukraine for Family, Youth and Sports (conferences, seminars), during meetings with the Minister, Deputy Minister, department managers, and were worded in many letters to the Ministry. The standardization of services in combating trafficking in persons is the important step improving realization of the rights of citizens for proper social protection, determination of minimal services rendering aid to the victims of trafficking in persons and risk groups, streamlining of services in combating trafficking in persons by social workers at the state level. This lobbying permitted to include the article on the approval of standards into the draft of the National Special-Purpose Program of Combating Trafficking in Persons up to 2015.

The standardization in 2010 led to new drafts submitted to the Ministry of Ukraine for Family, Youth and Sports and the Deputy Minister’s letter (No 1/15780 from 16.12.2010), which highlights the importance of social service standards in combating trafficking in persons “intended for realization of social work at the higher quality level”. However, “due to the reshuffle in accordance with the Ukase of the President No 1085/2010 “On optimization of the system of central executive bodies” the central government organ vested with a function of policing counteraction to trafficking in persons will set up a task group to improve standards.”

National hotline for combating trafficking in persons

The national hotline for combating trafficking in persons is a component of the state system of detection and redirection of the victims of trafficking in persons12. The National hotline is intended to control causes, conditions and circumstances of person’s involvement in the situation of trafficking, render advice and social-psychological assistance to the risk group, detection of trafficking in persons, assistance in the search of people in the situation of trafficking in persons.

The partners of the National hotline in redirecting, consulting and information are as follows: MIA, MFA, Ministry of Labor and Social Policy of Ukraine; State Job Center; Ministry for Family, Youth and Sports of Ukraine; Government Border service of Ukraine; OSCE; International Organization for Migration.

Summary of phone calls per year, beginning from 2003

The diagram shows that the hotline calls began dropping down since 2005 with the same advertising. The similar trends are present in other countries, which use hotlines to prevent trafficking in persons.

The on-line consultations are an important category of appeals. For 2004-2009 the National hotline granted 1627 consultations. From January to November 2010 the Center provided for 281 consultations.

During 2004-2009 the experts of the National hotline, State Job Center, held 4159 consultations on company validity check concerning switch dealers working in Ukraine and offering jobs abroad. 210 consultations were held from January to November 2010.

The national hotline as a redirecting mechanism for the victims of trafficking in persons. During 2004-2009 1220 trafficking-in-persons victims were offered social assistance. There were also appeals concerning violence in family abroad. The main services rendered to the wronged persons were as follows: psychological, socio-pedagogical, socio-economic, legal and information.

The channels of information on persons in need of assistance: 84% over the hotline on prevention of trafficking in persons and 16% over the Internet.

The sources of financing of the National hotline for combating trafficking in persons included cash means of international organizations and donors. The state did not support the Hotline.

Training of specialists

According to the data presented and verbal estimates by the representatives of state structures, the absolute majority of trainings of different groups of state specialists in this sphere was initiated and financed by international and public organizations. Meanwhile 2010 is characterized by complication of process of preparation and realization of such trainings as a result of worsening attitude toward them from the side of chiefs of various state bodies. For example, Deputy Minister of Internal Affairs of Ukraine Zyma L. M., who headed the Department for control of crimes linked to trafficking in persons (DCCLTP) and Department of criminal militia for juvenile delinquency (DCMJD), forbade the staff of these departments to attend the international school of law enforcers for combating trafficking in persons, which had been organized by the EU funds in Georgia.

The participants also went off these trainings. It applies both to law enforcers waiting for job cuts and liquidation of the DCMJD. There is but a bleak outlook for them; they do not know their place in the framework of these services, await for reductions or job cuts, retirement and, therefore, consider training of no use.

At the same time teachers, social workers readily attended seminars and trainings, established personal contacts, got handouts. They maintain many permanent working contacts.

The trainings were carried out by representatives of IOM, Coordinator of OSCE projects, La Strada, other NGOs. The basic target groups included district militia inspectors, personnel of DCCLTP, DCMJD, Public social service for family, children and young people, offices for family and youth, state border service, health care services, educators (teachers, social teachers and psychologists, teachers of vocational educational establishments etc.).

Publication of materials, realization of information and educational campaigns

The publication of materials on combating trafficking in persons, realization of information and educational campaigns in 2009 and 2010, as well as training of specialists remained the initiative and task of international and public organizations. The airtime for TV and Radio social advertising is the most complicated problem. In this respect the Law of Ukraine “On advertising” does not work.

The positive example is the effort of DCCLTP to use out-of-home media in Kyiv (2009).

In 2010, the Ministry of Ukraine for Family, Youth and Sports of Ukraine, NGOs and international organizations initiated preparatory work for prophylactic of child’s sexual tourism, trafficking in children, dissemination of HIV, promotion of healthy life-style etc. before Euro-2012 would be held in Ukraine. In November 2010, in response to an appeal of the UNICEF Child’s Fund the Minister of Ukraine for Family, Youth and Sports ordered to set up the Organizing committee for preparation for Euro-2012 including representatives of various ministries, NGOs and international organizations.

 Forming of the National redirecting mechanism for the victims of trafficking in persons.

In 2009-2010, the Coordinator of OSCE projects in Ukraine and Ministry of Ukraine for Family, Youth and Sports experimented with the National mechanism of redirecting for victims of trafficking in persons (NMR) in Ukraine in the Donetsk and Chernivtsi Oblasts.

To that end they drafted the Directive of the Cabinet of Ministers of Ukraine “On realization in Donetsk and Chernivtsi Oblasts of experimental development of the National mechanism of redirecting of the victims of trafficking in persons” and national guidelines on coordination and cooperation of local executive bodies, organs of local self-government, other organs, establishments and organizations within the framework of the National mechanism of redirecting of the victims of trafficking in persons.

With that end in view, e. g. in the Chernivtsi Oblast, they finished drafting the Regulations of the Regional inter-agency committee on assistance to the victims of trafficking in persons, which was submitted for the consideration of the Coordinating committee on counteraction to trafficking in persons of COSA and Chairman COSA; concluded the curriculum the “National mechanism of redirecting of the victims of trafficking in persons in Ukraine”, and scheduled planned training for trainers.

In the Donetsk Oblast, e. g., they worked out, discussed and adopted for approbation in five chosen oblast cities “The guidelines for coordination and cooperation of local executive bodies, organs of local self-government, other organs, establishments and organizations while assisting the victims of trafficking in persons” which is a regional master document about redirecting and aid to the victims of trafficking in persons; they finalized the curriculum for public officers, trainers and program of further training of personnel. In both oblasts the local authorities backed the approbation of the National mechanism of redirecting of the victims of trafficking in persons.

Problems of assistance to the victims of trafficking in persons

The situation with assistance to the victims of trafficking in persons is very unsatisfactory. The thing is that Ukraine is ever more frequently identified not only as a country of origin of the victims of trafficking-in-persons but also as a country of transit and destination.

There are regulations of the Government program of counteraction to trafficking in persons intended for Ukrainian citizens, but there are no special regulations on repatriation and socialization of foreign victims of trafficking, provisions for their needs in shelters and aid during their stay in Ukraine. As a rule, these foreigners identified as victims of trafficking in persons in Ukraine come from Moldova, Uzbekistan, Kyrgyzstan, Kazakhstan, although there are also such victims from Belarus, Slovakia, Czech Republic, Lithuania, India, Russia, and Philippines.

The Law “On protection of persons participating in criminal court actions” stipulates the right of victims to protection, if they participate in criminal proceedings. In practice these legal instruments are not applied to the trafficking-in-persons victims or applied extremely rarely.

In Ukraine there are an insufficient number of specialized establishments for victims of trafficking in persons, although the statistical data show the annual uptrend. At the same time even the superficial comparison of data of the crisis centers and number of persons with militia record show that the trifling number of centers prevent coping with social work targeted at assistance to the victims.

The experts of international organizations complain that presently Ukraine has neither the program nor structure or specialized houses for reintegration of trafficking victims, which are taken care of by public organizations of human rights activists only. Today, only the International organization of migration in Ukraine sponsors seven centers for victims (in Volyn, Zhytomyr, Lviv, Odesa, Chernivtsi, Kherson oblasts and in Kyiv).

According to IOM data, this organization sponsors about 95% of programs of aid to victims of trafficking in persons in Ukraine. It is difficult to overestimate the value of Kyiv medical rehabilitation center for victims of trafficking in persons founded and financed by IOM. According to the data of representatives of NGO, the Center renders complex and specialized confidential medical assistance. It is a unique establishment in Ukraine, where medics see patients from all oblasts.

Victims of trafficking in persons assisted by IOM, Kyiv 13

In the Lviv Oblast all establishments involved in counteraction to trafficking in persons also direct the detected victims to NGO Women’s Prospects, which can bring them to the shelter. The shelter is designed for 6 women and 1 child. If necessary the NGO can hire an apartment for the wronged men. In such case the IOM pays for them. The NGO can send trafficking victims to other establishments, for example, the Salus Center. In the Khmelnytsk Oblast, the trafficking victims detected by the Job Center and oblast Department for control of crimes related to trafficking are sent to Karitas organization.

Only the Center La Strada Ukraine renders aid to 1822 persons in 1997 - 2009. In 2009 the assistance was rendered to 62 adults and 46 children. The main services needed by the wronged persons and other provided by the Center included psychological, socio-pedagogical, socio-economic, legal, information. At the time the top services for adult clients comprised consulting, assistance in search of persons missing abroad and their return, psychological and legal aid, assistance in establishment of contacts with relatives, payment for professional training etc.

The problems of social protection agencies are described in the section on domestic violence. The limitations of access to social services permit to conclude about inefficiency of the whole system of social services and social protection. The scattering of establishments among different departments, complicated subordination to local authorities and vertical executive structures, thematic stratification, numerous constraints on aid receivers (age, sex, registration, presence or absence of children, single or family person etc.), not to mention insufficient financing make the needed aid inaccessible which is the overt violation of human rights by the state. Therefore the best way out is the change of the system of state administration and subordination in this sphere, liquidation of excessive state structures and creation of single service of social protection.

The complexity of social assistance development is multiplied by dependence on local budgets which traditionally lack funds. If even they are subsidized by the government, the social establishments are about to close. There remains an unsolved problem of commissioning public organizations which render social services to the trafficking-in-persons victims.

The program of financial support by the Ministry of Ukraine for Family, Youth and Sports remained limited and non-transparent. Despite recommendations and good sense only youth organizations are financed. The Ministry fails to finance programs targeted to combat trafficking in persons. On the other hand, most organizations try to get registered as youth ones to obtain state financing. With liquidation of ministry and transfer of its functions to the Ministry of education and science (now––education, science, youth and sports) the outlook is rather gloomy.

In December 2010, the Regulations of the Cabinet of Ministers led to approval of planned activities of the National campaign “Stop violence” up to 201614. The plan envisages register rules for establishments and organizations designed to control domestic violence, as well as media commercials on assistance to victims of domestic violence. However, the Government keeps away from its chief duty of securing civic financially backing the victims of domestic violence. Therefore they will not appropriate funds for shelters (in accordance with this document)15. As it is the same shelters that could accommodate the trafficking-in-persons victims, the outlook for aid is gloomy.

Forming of national mechanism of redirecting of victims of trafficking in persons

The national mechanism of redirecting of the victims of trafficking in persons means collaboration, when the public institutions fulfill their duties and secure protection of rights of the victims of trafficking in persons and coordinate strategic partnership with civil society. The international community treats creation and introduction of such mechanism as important and necessary precondition of effective control of trafficking in persons and protection of victims’ rights. The current Government program of counteraction to trafficking in persons contains no articles on development of such mechanism. Therefore such tasks must be included into the new program taking into account the experience of pilot activity of Office of Coordinator of OSCE Projects in Ukraine together with the Ministry of Ukraine for Family, Youth and Sports in Donetsk and Chernivtsi Oblasts.

State of implementation of recommendations contained in 2006 report

On top of unfulfilled recommendations contained in previous reports and recommendations on securing aid to the victims in the section on domestic violence we will add only one general recommendation: the control of trafficking in persons should be based on international documents, including the recommendations of UNO Committee on elimination of all forms of discrimination of women with application of indicators of measuring progress and budgetary financing.

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1 Prepared by the experts of the International Women’s Rights Center La Strada Ukraine; gen. ed. by K. Levchenko.

2 100днів нового керівництва МВС. – Харків: Права людини, 2010. – 100 с.

3 http://state.gov/g/tip/rls/tiprpt/index.htm

4 Democracy Index 2010 was prepared by the experts of Economist Intelligence Unit, a part of the analytic Economist Group. – http://pravda.com.ua/news/2010/12/30/5732893/

5  http://ua.rian.ru/economy/20081231/78072285.html, http://korrespondent.net/business/economics/756410, http://dt.ua/2000/2675/64965/.

6 http://mycityua.com/news/country/2009/03/11/085501.html, http://newsru.ua/arch/ukraine/23apr2009/ne_powertajutsja.html, http://ukranews.com/ukr/article/194167.html, http://epravda.com.ua/news/4a0164389ec0c/

7 The inquiry covered over 60 experts from 18 oblasts of Ukraine: scientists involved in researching gender issues, NGO activists, journalists writing about gender issues, former assistants of the Minister of Internal Affairs of Ukraine managing human rights issues and responsible for issues of combating gender discrimination, international organizations, and independent experts. The greatest number of experts (18) resides in Kyiv. The e-mail survey was conducted from May 23 to June 3, 2010. The experts could answer only chosen questions; therefore the total of answers to each question is different.

8 http://kmu.gov.ua/control/uk/cardnpd

9 http://kmu.gov.ua/control/uk/cardnpd

10 In preparing the information on the status of law enforcement in combating human trafficking we used the report "Human Rights in Ukrainian Militia - 2010" drawn up by the Kharkiv Human Rights Group and the Association of Ukrainian monitors of human rights in the internal affairs units. - Kharkiv: Human Rights, 2010. - 276 p. Author of the relevant section: L.O.Hema.

11 Права людини в діяльності української міліції – 2010.

12 The hotline for trafficking control was set up on the basis of La Strada-Ukraine on November 18, 1997 in the framework of the program La Strada: Prevention of Trafficking in Women in Central and Eastern Europe. Since November 2002 the hotline became a national and free facility. The National Hotline is a dual phone, which makes it possible to simultaneously consult two parties. The National Hotline enables timely information on labor migration, details of international law on education, marriage, and adoption abroad. It is also a channel aiding those who have got into the situation of trafficking. The National Hotline is a priority and an important guideline of the Centre.

13 As of September 30, 2010.

14 Regulations of the Cabinet of Ministers of Ukraine.

15 Levchenko K. The Cabinet is about to combat violence without aid to victims.

16 Recommendations of the meeting at the Verkhovna Rada Committee on legislative support of law enforcement, February 27, 2008. #s3

17 http://lastrada.org.ua/read.cgi?lng=ua&Id=216