23. Human trafficking and violation of human rights
General overview. Statistics. Tendencies. Trafficking remains a serious problem for Ukraine. Comparing analytical reports of the last 3-4 years and available data for 2013 we can draw conclusions on current developments and major tendencies in this area. Russia, Poland, Czech Republic and Turkey are among the main countries of destination for Ukrainians. Meanwhile Ukraine itself is becoming one of the destination countries (labor exploitation in agriculture and construction). This exploitation is escalating, both abroad and in Ukraine. Among the victims of human trafficking the percentage of males has been increasing (according to the International Organization for Migration (IOM) this figure amounted to 23 % in 2009, 36 % in 2010, 43 % in 2011, 56 % in 2012 and 51 % in the 9 months of 2013). The number of minors among the victims remains high. Many cases show mixed forms of human trafficking. The number of foreign nationals among human trafficking victims (from Moldova, Uzbekistan, Kazakhstan, Pakistan etc.) is growing.
The results of research exploring the level of human trafficking awareness in Ukraine ( September-October 2013, sampling of 2500 respondents within the range of 14-65 years in the ARC, Dnipropetrovsk, Lviv, Mykolaiv, Ternopil, Kharkiv oblasts’) show that the number of people aware of human trafficking issues in their areas has grown (9% as opposed to 7% in 2011). 59 % are certain that they cannot become the victims of human trafficking (2011 – 70 %). The research showed increased awareness of the existence of “hot lines” preventing human trafficking, international and non-governmental organizations, and role of the local state administrations.
International context of counteraction to human trafficking. 2013 has become a year of active international operations aimed at counteracting human trafficking. Ukraine either initiated or participated in the events. It was a year of Ukraine’s presiding in the OSCE, where Ukrainian government had pointed out fight against human trafficking as one of the priority areas.[2]
2013 has also become a year of the first round in the monitoring of Ukraine’s fulfilling the provisions of the CE Convention #197 on the measures for action against trafficking in human beings (GRETA). On February 1, 2013, in compliance with GRETA procedure Ukrainian government will receive a questionnaire[3] to be filled out prior to June 1, 2013. Public organizations in Ukraine have also provided their alternative answers to the questions, in compliance with GRETA procedure[4]. GRETA monitoring visit to Ukraine is planned for October 21-25, 2013. In March 2014 GRETA will review the preliminary report on Ukraine, which has to be finally approved at the summer session of 2014, upon receiving adequate clarifications and answers from the government with subsequent approval and publication by the Committee of the Parties to the Convention.
In 2013 Ukraine reported the implementation of the provisions of the International Covenant on economic, social and cultural rights. Non-governmental organizations and “La Strada- Ukraina” Center prepared an alternative report covering the issues of non-discrimination, equality between men and women, violence against women, including domestic violence, uprooting of slavery[5].
In 2013 the preparatory work on the eighth National report as well as on the shadow reports concerning the implementation of the provisions of the UN Convention on the elimination of all forms of discrimination against women has started. The report will be submitted to the UN Committee for elimination of all forms of discrimination against women in the first half of 2014. Non-governmental organizations and experts participating in the Gender strategic platform started preparing shadow report. The Convention (art. 6) calls its participating countries to use all the available measures, including the legislative ones, to stop all types of women trafficking and use of women prostitution[6]. When governmental delegation was defending the sixth and seventh combined report in 2010, about 30 % of the questions posed by the committee members were related to the issues of human trafficking and gender violence. The Final recommendations contain specific proposals on the improvement of state policy with respect to protection of women-victims of human trafficking and to fighting the criminals.[7] The information on the fulfillment of the suggested proposals should be included into the eighth report.
“Ukraine – Council of Europe: plan of action for 2011-2014[8], approved in 2011, stipulates the implementation of the project 1.3.3 – “Formation of the mechanism of the immediate response to the problems of people facing complicated life situations, including prevention of home violence, human trafficking and gender discrimination by way of setting up an all-Ukrainian “intellectual” line of quick response”. According to Action plan, 1 billion Euros are needed for its implementation. By November 2013 it has not been launched yet. Another”Project for counteracting human trafficking in Ukraine” was also planed (2.2.6) It should have lasted for 30 months, and its cost amounted to 1.5 million Euros, but due to the lack of funding by November 2013 it has not been started yet[9].
In 2013 “La Strada-Ukraina” Center disagreed with the conclusions on Ukraine for 2012, formulated in the annual report of the US State Department[10] with respect to human trafficking in various countries of world (published in June 2013), claiming that they lacked objectivity.[11]. Ukraine ended up on the so-called “observation list”, having thus deteriorated its position as compared to 2011 (second group of countries), although in 2012 legislative basis enabling practical implementation of the provisions of the Law of Ukraine “On counteraction to human trafficking” was approved.[12]
In March 2013 Ukrainian government received recommendations from the countries-members of the UN Human Rights Council, based on the results of the second round of reporting within the frame of the Universal periodic Review (UPR)[13]. Among other things recommendations addressed the issues of human trafficking prevention and assistance to its victims.[14] Over the year 2013 NGOs have been actively lobbying the formation of the working groups in charge of implementation of the said UPR recommendations. First practical steps were taken in October 2013.[15]
Governmental measures aimed at counteracting human trafficking. To make counteraction to human trafficking more efficient, the Law “On counteraction to human trafficking” was passed in 2011[16]. It was described in the former reports and academic papers.[17] Practical implementation of this law and supportive normative and legal acts started in late 2012 and early 2013. In 2013 the National social targeted program for counteracting human trafficking, covering time period till 2015, was launched; the process of granting the status and one-time financial assistance to the victims of human trafficking has started. On July 30, 2013 the Ministry of social policy issued an order #458 establishing the standards for the social services to the victims of human trafficking. They include standards concerning social integration and reintegration for adults and children – victims of human trafficking and services for social prevention of human trafficking[18].
In summer 2013 methodological recommendation on rendering social services to the individuals – victims of human trafficking [19] and a training program for experts in these services were developed.[20] These documents were compiled and approved under p. 55 - “Improvement of system of counteracting human trafficking” of the National plan of action for 2013 with respect to the implementation of the Program for economic reforms for the years “Affluent society, competitive economy, efficient state”, approved by the Presidential Decree #128 of 03.2013[21]. Noteworthy, the conclusions on the expediency of methodological recommendations and training programs were formulated in 2011-2012 and reflected in the monitoring reports. These examples demonstrate the importance of monitoring and its practical results.
In 2013 results of monitoring conducted in the facilities providing assistance for the victims of home violence and human trafficking in June-September 2012 were published.[22] They highlighted the difficulties of access to services for the victims of human trafficking (age-based restrictions – the clients should be no older than 35; registration as the necessary condition of eligibility for help in the centers etc). So, as in the previous years, there is urgent need for introducing changes into a number of Cabinet of Ministers resolutions in force addressing the organizing of assistance to the victims of human trafficking, especially the resolutions including standard by-laws for the centers of social-psychological help to adults and the centers of social-psychological rehabilitation for children. These recommendations have been formulated by the experts over the recent years, but so the state has paid no heed to them. The difficulties related to identifying the victims of human trafficking among the clients of the centers (individuals facing complicated circumstances) have been revealed.
Assistance to the victims of human trafficking, despite a number of normative and legal acts which have been passed remains a problematic area of the state policy. The absolute majority of persons that have been certified reject any legal or psychological help, seeking only material assistance. The difficulties include: 1. Lack of information among the individuals eligible for the status of the victim of human trafficking as to what facilities and structures to approach for help. 2. Low professional qualifications of the local employees in charge of the identification of human trafficking victims. 3. Lack of knowledge of legislative basis regulating prevention of human trafficking. 4. Insufficient capacity to provide the whole range of services needed by the victims of human trafficking.
The State target social program of counteracting human trafficking adopted for the period till 2015 (Resolution of the Cabinet of Ministers of Ukraine # 350 of 21.03.2012) does not help either, as it contains no reference to the funding needed for the provision of services, i.e. help to the human trafficking victims in the specialized facilities. Meanwhile, the experience of implementing the mechanism of referring the victims the human trafficking to the said facilities in the pilot oblasts’, demonstrated that appropriate trainings and work-shops for the specialists working in these facilities helped in identifying the victims of human trafficking, thus increasing the number of the clients.
The issue of providing assistance to the foreign nationals remains crucial, as well as their protection and care during their stay in Ukraine that was mentioned in the former reports.
The Ministry of social policy was appointed the national coordinator in counteracting human trafficking in 2012[23]. The amendments to the Ministry by-laws defining its functions in this area were introduced on 27.03.2013[24]. The next stage of the administrative reform at the oblast’ level consisted in transferring the functions of counteracting human trafficking to the different subdivisions – those of social security, education and science, family and young adults. Thus, the vertical of power was disrupted. Besides, the staff of the new subdivision lacks experience in this area, which fact leads to negative consequences, like inability to identify the human trafficking victims or to prepare paperwork needed to establish the status of human trafficking victim etc. The ARC in particular is encountering a lot of problems. The transformations within the Ministry of social policy are still going on: the participation of the Department for gender issues and children health care, under which the office of counteracting human trafficking operates, has not been defined. Operation in the area of counteracting human trafficking had to be coordinated via inter-department coordination council dealing with the matters of family, gender equality, demographic development and counteraction against human trafficking. In 2013 (as well as in 2011 and 2012) the council remained idle. The low level of coordination or its absence is registered at the oblast’ level in almost all the regions of Ukraine.
L.Polulyakh from “A-Vesta” NGO (Vinnytsya oblast’) opines that “assessing the scope of implementation of the state policy for counteracting human trafficking, human trafficking one should note that the majority of professionals responsible for this implementation relate to these activities only indirectly. The experience of conducting the educational events for many years leads us to the conclusion that very often professionals are not aware of the meaning of basic concepts (e.i. human trafficking, country of destination, victims of human trafficking etc), have a limited knowledge of legislative base etc. Counteracting human trafficking human trafficking is not priority issue for the overwhelming majority of departments. International and local NGOs have undertaken the task of upgrading the professional level of specialists”[25]. They organized the training for oblast’, raion and local employees on how to implement the provisions of the adopted documents in practical activity. In the course of 2013 such trainings were conducted by “La Strada - Ukraina” Center for raion and oblast’ staff in Cherkassy and Chernigov oblasts’. Training seminars on the implementation of standards were organized for the specialists in Kharkiv, Lugansk, Lviv, Vinnytsya, Khmelnitsky, Kherson, Odessa, Poltava and Donetsk oblasts’ and in the city of Kiev. Over 500 employees participated in the trainings. The Office of the Coordinator of OSCE projects in Ukraine and IOM mission in Ukraine together with the NGOs organized similar trainings in other oblasts’. They were positively assessed by the participants. However, these trainings are not systematical, as they are not included into the curricula for upgrading of the public servants. That is why so far the scope and schedule of these trainings depend on donors’ assistance and funds.
The reorganization within the structure of the Ministry of Interior of Ukraine caused serious criticism on behalf of both NGOs and international organizations. In the course of reorganization the Department fighting the crimes involving human trafficking was liquidated, which step had negative impact on the law-enforcement activity in this area and affected the indicators of the resolved crimes involving human trafficking in 2010-2012 as compared to the former indicators. In 2013 the Department was restored within the Ministry of Interior structure, but both qualified staff and time have been wasted.
Thus, during 11months of 2013, according to the Ministry of interior data 137 criminal actions, punishable under article 149 of the CCU, have been registered, including 26 in Kharkiv oblast’, 24 – in Chernigov oblast’, 12 – in the ARC, 9 - in Dnipropetrovsk and 9 - Odessa oblast’, 8 – in Kiev, 7 – in Donetsk oblast’. The crimes of this nature have not been registered at all in Lviv and Khmelnitsky oblast’; 1 case was registered in Volyn’, Lugansk, Plotava, Rivne and Kherson oblast’. These figures by no means reflect the actual scope of the problem. For the sake of comparison, in 2004 269 crimes of this nature were registered, in 2005 – 415, in 2006 – 376, in 2007 – 359, in 2008 – 322. Over the 6 months of 2011 126 cases were resolved (in 2010 – 337), while over the 6 months of 2012 this indicator amounted to 109.
Monitoring activity. In 2013 the joint visits of Ministry of social policy and other bodies of central executive power representatives, OSCE projects’ Coordinator in Ukraine, IOM, “La Strada – Ukraina” Center and NGOs to oblasts’ continued. Their goal was monitoring of the current stage in the implementation of the state program of counteracting human trafficking at oblast’ level. The visiting schedule was as follows: The ARC - 25-27.09, Vinnytsya - 30.09-2.10, Donetsk – Lugansk-15-19.07., Lviv – Transcarpathian obl.- 27-31.05, Kherson – Mykolaiv- 23-26.04, Odessa -27-29.03, Kharkiv - 16.05, Chernivtsy – Khmelnitsky - 1-5.07. Recommendations based on the visits’ results were made public at the inter-disciplinary round tables.
Monitoring conducted by a group of independent experts – NGOs representatives from Kiev, Vinnytsya, Kharkiv, Odessa, Volyn’ oblasts and the ARC in collaboration with Criminological Association of Ukraine and specialists from Kharkiv National university of the internal affairs of Ukraine resulted in “Monitoring of the implementation of the state policy for counteracting human trafficking:2013” publication, that offers the overview of the current problems and recommendations for their solving. [26].
Together with the Ministry of social policy Criminological Association of Ukraine and Kharkiv national university of the internal affairs of Ukraine “La Strada-Ukraina” Center compiled an information bulletin on the implementation of the Law of Ukraine “On counteraction to human trafficking” and state target program for counteracting human trafficking for the period till 2015”[27]. This publication can serve as practical handbook in the development and implementation of the state policy in the area of counteracting human trafficking, providing assistance to the human trafficking victims, conducting efficient monitoring at all stages of its implementation.
In 2013 the academic and practical commentary to the law of Ukraine “On counteraction to human trafficking” was completed.[28] This publication contains a collection of essays analyzing the aforementioned law, explains organizational and legal principles for counteracting human trafficking, main tendencies of the state policy and foundations of the international cooperation in this area, competences of the executive bodies, procedure for granting appropriate status to the victims of human trafficking etc.
Standardization of services in the area of counteracting human trafficking. In 2013 a long-lasting process of lobbying the approval of standards for counteracting human trafficking came to a successful end.
The Ministry of social policy by its order #458 of 30.07.2013 established three standards: Standard for services in social prevention of human trafficking, Standard for services in social integration and reintegration of human trafficking victims and Standard for services in social integration and reintegration of children who had become victims of human trafficking.
Standardization is an important step in ensuring the right to due social protection, establishing the scope of basic services required by human trafficking victims and members of the risk groups, regulating these services at the governmental level, ensuring their accessibility and high quality. Social standards for services to victims of human trafficking cover the areas of prevention, rehabilitation, mechanism for interaction between departments in providing assistance, need for upgrading of the staff, obligatory documents, indicators etc. Here are the major characteristic features of the standards: 1) The standards apply to all the services’ providers regardless of the forms of ownership. 2) NGOs are defined as the entities providing services in compliance with the standards. 3) The standards set up the bottom line, which means they are to be adhered to in full scope and without exceptions. 4) The standards apply to all the recipients of the services – Ukrainian citizens, foreign nationals, stateless persons. 5) The standards spell out the content, forms, methods and principles of the operation. 6) The standards contain clauses related to the protection and security of the services’ recipients. 7) The standards stress the need for research with due consideration of the interests of target groups or specific recipients of the services. 8) The standards stress the need to protect the personal data of the recipients of the services, under the law of Ukraine “On protection of the personal data”, and confidentiality of information with respect to the recipients of the services or their legal representatives. 9) The standards spell out in detail the general requirements towards the professional qualifications of the staff providing services. 10) The standards envisage regular upgrading for the staff providing services (at least 1 course in 3 years). 11) The standards specify material and technical equipment for the facilities where services are granted. 12) The standards envisage regular evaluation of the services’ efficiency and monitoring of the adherence to the standards (both internal and external). 13) Each of the standards includes both qualitative and quantitative indicators reflecting the quality of services. Although in general standards can be assessed positively, monitoring shows that they fail to cover such important issues as services for protection of victims-witness in criminal proceedings; normative of funding for the services; instruments for assessment of efficiency of social services and their staff; programs of dealing with the victims; lists of required documentation and reports; establishment of scope and areas of professional training for the staff involved in the services. The detailed analysis of the standardization process with respect to the social services will be carried out after the necessary experience is accumulated and the standards are tested in the social services and responsible bodies operation in 2014.
Preventive activity was conducted mainly by the NGOs and international organizations. Awareness-raising campaign was planned by the Ministry of social policy within the framework of the State program for counteracting human trafficking. As of the end of December 2013 no information on its launching has been published yet. National trainers’ network organized 3285 events for 103 689 participants[29]. In 2013 the campaign “Two little girls” was also launched in Ukraine. “Two little girls” is a 3-minutes long educational animation movie, which triggered an information campaign preventing human trafficking with the goal of sexual exploitation. It started in the countries of Eastern Europe in 2009. Ukraine became the 14th country taking part in the campaign.[30]
Difficulties in obtaining the status of human trafficking victim. The number of people, who have applied for the status of the human trafficking victim and have been granted it, is growing on the monthly basis. (It amounted to 47 persons as of 10.10.2013. Almost half of all petitioners were male). More than 20 persons were denied the status. One person obtained the status filing a claim against the Ministry of social policy of Ukraine. New claims are to be lodged, demonstrating systemic problems in this area.
Over the year 2013 the legal department of the Center has reviewed 53 petitions referring to the human trafficking, violation of children’s rights, domestic violence and discrimination. The majority of these petitions contained accusations of sexual violence against children, human trafficking and domestic violence.
The case of the petitioner K. She applied for the status of the human trafficking victim, but was denied it. Under the current procedure, raion department for the families and young adults compiled a package of documents, needed to establish a person’s status as human trafficking victim and submitted it to the Ministry of social policy of Ukraine. In its letter # 560/0/14-13/56, of 07.03.2013, signed by the deputy Minister of social policy L.Drozdova, the Ministry advised that K. was denied the status of human trafficking victim. The petitioner herself never received a written response. The Ministry of social policy justified their denial by alleged lack of evidence confirming sexual exploitation: “The conclusion to the letter says that the fact of recruitment with the goal of sexual exploitation has been established, but not the fact of sexual exploitation per se”. The petitioner’s K. story supposedly confirmed that she had been recruited for sexual services, but the fact of exploitation has not been established. Criminal proceedings under article 149 of CCU were initiated and K. was recognized a human trafficking victim. This case most convincingly illustrates the ignorance of public servants, responsible for establishing the status of human trafficking victims, with respect to the Ukrainian law covering counteraction to human trafficking.
As the court claim indicated, taking into account the complexity of a specific crime of human trafficking, the full criminal responsibility is established under article 16 of CCU, even if the crime is found incomplete in the course of the inquest[31]. Therefore, the petitioner K. had suffered as a result of human trafficking and thus is eligible for the status of the human trafficking victim. In its ruling court supported the expert conclusion provided by “La Strada – Ukraina” specialists, namely, that the Ministry of social policy interpreted the submitted information incorrectly; in particular, the established fact of recruitment under article 149 of CCU and the Law of Ukraine “On counteraction to human trafficking” constitutes an inalienable component of human trafficking crime. This definition is confirmed by the Resolution on classifying a person as human trafficking victim. So the provisions of p.14 of the Procedure were violated, and the Ministry of social policy unlawfully denied K. the status of human trafficking victim.
Why very few persons seeking the status of human trafficking victim are prepared to defend their right to it in court? One of the reasons is that, as was mentioned earlier, the decision of the central executive body denying the status should be appealed within 30 days following it. Taking into account the fact that the victim is served it almost a week later, while the lawyers need some time to study the documents and prepare the appeal, and the victim should understand the proceedings and have an attorney ready to help her, it becomes clear that 30 days are definitely not enough. Besides, more training courses are called for. The human trafficking victims are very reluctant to approach the relevant bodies in order to obtain the status. They do not want to waste their time and nerve cells in red tape. They are also afraid that their confidential information can be divulged (especially, when sexual exploitation is involved).
The professionals responsible for identification of human trafficking victims often do not have sufficient knowledge or skills. Thus, as of 01.10.2013 not a single person in Volyn’ oblast’ had been officially identified as human trafficking victim or applied for resctive status. Meanwhile such persons (about thirty of them) have been identified by an NGO “Volyn’ski perspektyvy”. All these people get help within the framework of reintegration program run by IOM Office in Ukraine. About 25 victims are now at the stage of reflections and consider the possibility of approaching official bodies with respective petitions on establishing their status as human trafficking victims[32].
Besides, the main burden of work with human trafficking victims rests with raion social services centers for families, children and young adults and not with central social services centers for families, children and young adults. These former remain outside the raion state administrations’ structure. This situation entails difficulties in coordination and procedure of establishing the status and preparing the relevant paperwork needed to grant the status. Normative and regulatory documents also provide no guidance for procedure of establishing human trafficking victim status, if the person in question lives in the cities of oblast’ significance, where raion state administrations are not present. E.g. in the ARC these administrations are absent in Yalta, Sudak, Alushta, Feodosia, because between the years 1957 and 1991 these areas of the ARC were known as “Big Yalta”, “Big Sudak”, “Big Alushta”, “Big Feodosia”, while the administrative unit of “raion” was annulled without any replacement by alternative unit of territorial and administrative division.
Recommendations
1. Disseminating the information on the order and procedure of establishing the status of human trafficking victim in the institutions which can be approached by aforementioned persons (hospitals, outpatient clinics, employment centers, social services for families, children and young adults, centers for social protection of population, departments of internal affairs etc.).
2. Conducting training for public servants from raion, city and oblast’ state administrations responsible for the procedures of granting status of human trafficking victims. It should be included into staff upgrading and training plans.
3. Allocating funds from the state and local budgets for regular training of the professionals responsible for the procedures of granting status of human trafficking victims, as well as for the personnel of the centers of social-psychological support and social-psychological rehabilitation of children with the goal of increasing the efficiency of the process of identification of human trafficking victims and practical implementation of the standards for providing social services to the human trafficking victims.
4. Carrying out regular monitoring of the use of standards to ensure the improvement in the system of social services provided to the human trafficking victims and preventive activity.
5. Ensuring the uniformity and coordination of the paperwork used by the social services for the families, children and young adults (individual rehabilitation plans for human trafficking victims and social support plans for persons who found themselves in complicated situations) to avoid the duplication of services.
6. Introducing changes into the resolutions of the Cabinet of Ministers of Ukraine regulating the operation of the facilities providing services to the human trafficking victims.
7. Introducing relevant changes into the procedure for the establishment of human trafficking victim status, i.e. the words “by local state administration” should be followed by “and if it is not set up, by the respective local self-government body”.
[1] Prepared by K.Levchenko, “La strada-Ukraina” International women’s rights protection center.
[2] See, in particular: http://kmu.gov.ua/control/uk/publish/article?art_id=245972106&cat_id=244276429, http://mfa.gov.ua/ua/press-center/comments/358-rezulytati-golovuvannya-ukrajini-v-obse-u-pershomu-pivrichchi-2013-roku, http://kmu.gov.ua/control/uk/publish/article?art_id=246420166&cat_id=244276429
[3] English version of the questionnaire can be found on GRETA site: http://coe.int/t/dghl/monitoring/trafficking/Source/GRETA_2010_1_rev3_en.pdf. Ukrainian translation: Naukovo-prakychnyi analis vidpovidnosti ukrainskoho zankonodavstva polozhennyam Konventsii Rady Yevropy pro zakhody shchodo protydii torhivli lud’my: collection of studies / group of authors, edited by O.Bandurka, K.Levchenko, O.Litvinova. – Kh. “Prava lyudyny” publishing house, 2011. – 244 p.
[4] http://la-strada.org.ua/ucp_mod_library_view_289.html
[5] http://la-strada.org.ua/ucp_mod_library_view_280.html
[6] http://zakon4.rada.gov.ua/laws/show/995_207
[7] Concluding recommendations of the UN Committee on elimination of all forms of discrimination against women, Ukraine. – session 45, January18 – February 5, 2010. – CEDAW/C/UKR/CO/7. Concluding observations note negative aspects of the policy, namely, (1) direct causes leading to human trafficking are not resolved; (2) funding for the shelters is not sufficient, (3) on the whole, resources allocated for the action against human trafficking are inadequate, (4) the scope of international cooperation to hold the culprits responsible is insufficient. Text of the document can be found here: http://gender.at.ua/_ld/0/82_CEDAW_C_UKR_CO_.pdf
[8] http://coe.kiev.ua/uk/DPAInf(2011)17E%20Action%20Plan%20Ukraine.pdf
[9]Information on project 2.2.6. Principal partners – Ministry of interior, Ministry of social policy, Ministry of justice, courts and prosecutor’s general office, Supreme Rada of Ukraine, Social services centers and NGOs. Project task - promoting ratification and full implementation of EC Convention on counteracting human trafficking (CETS № 197) as efficient means of human trafficking prevention, prosecution of traffickers and protection of victims; establishing legal procedures and mechanisms for timely assistance to the human trafficking victims. Expected results and main areas of operation: 1. Prevention of human trafficking, criminal prosecution of traffickers and protection of victims in compliance with the EC Convention on counteracting human trafficking; 2. Increased potential of key institutions participating in the counteraction to human trafficking; 3. Improved skills in the use of standards in counteracting human trafficking. Judges, prosecutors and other officials undergo training on the implementation of the EC Convention on counteracting human trafficking EC Convention on counteracting human trafficking; 4. Assistance is granted in setting up shelters and help phone lines; 5. Consultations in the development of plans and preparation of awareness raising campaigns are available; 6. Seminars, trainings and conferences on prevention and counteraction to human trafficking are carried out; 7. Material and technical support for the law enforcement bodies fighting cyber crime and human trafficking is enhanced; 8. Visiting competent divisions of the foreign law enforcement bodies to familiarize with the best practices in identifying and stopping instances of human trafficking, exchanging information on related crimes, organizing joint events on their uncovering and banning; 9. Recommendations on current issues of documenting, revealing and investigating facts of human trafficking are devised (See.: http://coe.kiev.ua/uk/DPAInf(2011)17E%20Action%20Plan%20Ukraine.pdf).
[10] http://photos.state.gov/libraries/ukraine/895/pdf/UKRAINE_TIP_report_2013_ukr.pdf
[11] Link to our open appeal re: US Department of State report and interview– http://la-strada.org.ua/ucp_mod_news_list_show_361.html
http://la-strada.org.ua/ucp_mod_news_list_show_354.html
http://kommersant.ua/doc/2216319
http://kommersant.ua/doc/2322512
[12] See: http://zakon2.rada.gov.ua/laws/show/29-2012-%D0%BF; http://zakon1.rada.gov.ua/laws/show/417-2012-%D0%BF; http://zakon2.rada.gov.ua/laws/show/303-2012-%D0%BF; http://zakon2.rada.gov.ua/laws/show/350-2012-%D0%BF; http://zakon1.rada.gov.ua/laws/show/783-2012-%D0%BF; http://zakon2.rada.gov.ua/laws/show/660-2012-%D0%BF
[13] Governmental report can be found here: http://minjust.gov.ua/upr/upr_project_dopovid.html. Reporting date - October 2012. NGos in accordance with UPR recommendations prepared their reports and submitted them, including reports on counteracting human trafficking. The issues related to human trafficking are reflected in the report of the NGO coalition for gender equality, counteracting human trafficking and domestic violence. (http://la-strada.org.ua/ucp_mod_library_view_190.html). “La Strada” international association together with “La STrada-Ukraina” also submitted a separate report on counteracting human trafficking (http://la-strada.org.ua/ucp_mod_library_view_191.html), while the international organization ECPAT prepared report on fighting commercial sexual exploitation of children covering the issues of counteracting children trafficking (http://la-strada.org.ua/ucp_mod_library_view_192.html).
[14] Recommendations on the results of the second round: http://minjust.gov.ua/upr/Response_of_Ukraine_ukr4.pdf
[15]Ministry of justice of Ukraine, order #163/7 of 26.02.2013 on setting up a working group for the implementation of the UPR recommendations to Ukraine with respect to the observance of human rights and freedoms in Ukraine:http://minjust.gov.ua/upr/2013-02-26_163_7.pdf . The addendum contains a list of the working group members.
[16] Law of Ukraine “On counteraction to human trafficking”. – http://zakon4.rada.gov.ua/laws/show/3739-17.
[17] Theoretical/practical commentary to the Law of Ukraine “On counteracting human trafficking”. / Ed. By OmBandurka, K.Levchenko, O,Litvinova – “Ukraina” agency, 2013 – 182 p.
[18] On establishing standards for social services provided to human trafficking victims. Order of the Ministry of social policy of Ukraine #458 of July30, 2013 [On-line resource]. – Link: http://zakon2.rada.gov.ua/laws/show/z1327-13/print1378904528418679
[19] Order of the Ministry of social policy of Ukraine #432 of 19.07.2013 “On approving methodological recommendations on providing social services to human trafficking victims.” http://mlsp.gov.ua/labour/control/uk/publish/article;jsessionid=CAA374A844BAFC292704EC70BA9FD057.vapp16:1?art_id=153435&cat_id=150191
[20] Order of the Ministry of social policy of Ukraine #508 of August 16, 2013 “On approving the Program of training for the specialists in social services provided to human trafficking victims”: http://mlsp.gov.ua/labour/control/uk/publish/article;jsessionid=CAA374A844BAFC292704EC70BA9FD057.vapp16:1?art_id=153800&cat_id=150191
[21] National action plan 2013 for the implementation of the economic reforms Program for the years 2010 – 2014 “Affluent society, competitive economy, efficient state” _ Decree of the President of Ukraine # 128 of 12.03. 2013 . [On-line resource]. – Link: http://president.gov.ua/ru/documents/15521.html
[22] http://la-strada.org.ua/ucp_mod_library_view_292.html
[23] Resolution of the Cabinet of Ministers of Ukraine # 29 of January18, 2012 . RE: national coordinator for counteracting human trafficking: http://zakon4.rada.gov.ua/laws/show/29-2012-%D0%BF
[24] Decree of the President of Ukraine # 164/2013 of March 27, 2013: http://zakon4.rada.gov.ua/laws/show/164/2013
[25] Monitoring of the state policy in the area of counteracting human trafficking: 2013. – К.: “Ukraina” publishing house, 2013, . http://la-strada.org.ua/ucp_mod_news_list_show_418.html
[26] http://la-strada.org.ua/ucp_mod_news_list_show_418.html
[27] http://la-strada.org.ua/ucp_mod_library_view_285.html
[28] http://la-strada.org.ua/ucp_mod_library_view_284.html
[29] www.la-strada.org.ua
[30] You can learn more from the site http://la-strada.org.ua/ucp_mod_news_list_show_411.html.Ukrainian version is available on http://youtube.com/watch?v=qTtMWtXhS1g.
[31] According to the Law of Ukraine “On counteraction to human trafficking” entering into illegal agreement the object of which is a person, i.e. recruitment, transference, hiding, giving or accepting a person with the goal of exploitation, including sexual, with the use of cheating, blackmail, lying, vulnerable situation or material or other dependence of a person, with the use of violence or its threat, abuse of office or material or other dependence on another person is qualified by art. 149 of CCU as felonious actions.
[32] Monitoring of the state policy in the area of counteracting human trafficking: 2013. – К.: “Ukraina” publishing house, 2013. http://la-strada.org.ua/ucp_mod_news_list_show_418.html