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International La Strada Association

LSI

La Strada International is a European NGO Platform against human trafficking, that works from a human rights perspective in support of trafficked persons.

Lobbying Activity

Response to EU Action Plan against migrant smuggling (2021-2025)

29 Mar 2021

Human smuggling can include the recruitment and transport of migrants and lead to their exploitation and abuse, including forced labour and human trafficking. Following the UN definition of smuggling the aim to obtain financial or material benefits can make migrants indebted or debt-bonded, especially when high amounts are charged by smugglers, which can lead to their further exploitation and abuse. Moreover smuggling may endanger the lives, safety and well-being of the individuals concerned, as we have seen with the deaths of thousands of migrants that tried to enter the EU. However, the facilitation of irregular migration is not necessarily based on the intention to exploit persons, neither it is necessarily combined with exploitative practices and harm. We also acknowledge that migrants who make use of smugglers, or facilitation by others, do so, due to the absence of other possibilities to safely migrate and to escape from very difficult political, economic and social circumstances, including conflict and wars. The prevention and combating of human trafficking and smuggling has often been used to ‘justify’ measures to prevent irregular migration, impose rigid visa policy, increase border controls and obstruct family reunification. This narrative is reflected in the new EU Pact on Migration and Asylum and is likely also strongly reflected in the new EU Strategy on Organized Crime and the new Migrant Smuggling action plan. However, restrictive policies contradict their proclaimed purpose, as they create situations in which human rights violations are more likely to occur. Increasingly restrictive border control policies and the lack of legal alternatives for onward movement play into the hands of migrant smugglers taking advantage of people’s vulnerable situation. In fact it creates a market for irregular migration and exploitation, including human trafficking, due to increased reliance on smugglers and others. The way in which immigration enforcement is currently carried out often blocks access to necessary assistance and support, and make inaccessible and ineffective state civil and criminal justice mechanisms. While those identified as trafficked have access to protection and support, those that are not identified as such, but might be victims of severe exploitation or malpractices of smugglers have no access to rights and protection. Research and practice shows that the facilitation of irregular migration in third countries and into the EU ‘involves increasing and diverse numbers of people; including migrants themselves’ and is not necessary the work of a network of criminal groups and conducted with an aim of financial profit. Actions investigated under the EU anti-smuggling legislation can be initiated by individuals or small groups of people acting on their own. It is therefore important that the European Commission improves the existing legal framework – in line with the UN smuggling protocol - and avoids risks of criminalisation of migrants or those who provide humanitarian assistance to migrants in distress”. Due to the frequent conflation, inconsistent and discriminatory application of laws criminalising human trafficking, smuggling and aspects of sex work, migrants including migrant sex workers, who organise themselves, and those providing support to them, risk prosecution for trafficking or smuggling as well as for other crimes or fines for administrative offences. It is concerning that ‘hundreds of people are still criminalised on trumped-up charges of migrant smuggling. This also includes migrants, their family members and friends, with devastating consequences on their future opportunities including, often, the unjust exclusion from the right to apply for international protection’. Instead vulnerable groups should be provided with safeguards, including access to applying for asylum and access to residence permits.
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Response to EU Agenda to tackle organised crime (2021-2025)

15 Mar 2021

La Strada International – European Platform against Trafficking in Human Beings welcomes the commitment of the European Commission to a strategic and coordinated EU approach and the development of new EU strategies for 2021-25 on organised crime and the eradication of Trafficking in Human Beings. Earlier, in September 2020, we provided input for the EU strategy on the eradication of Human Trafficking, see also attached. Below we outline our main recommendations: As the Commission intends to revise the relevant current legal framework, we would like to repeat our call for adequate implementation of the existing legal framework during and beyond a possible revision process. Evaluation and revision of legislation may not be used as an excuse for not addressing current gaps in practice, especially as these will most likely remain after the adoption of new legislation. The Commission should ensure that all Member States fully comply with existing and future legal instruments. Remaining gaps in the identification of victims, in the protection of their rights and in assisting them in their recovery should be urgently addressed. Furthermore, all policies and measures to address organised crime and human trafficking must be based on a human rights approach – instead of just a criminal justice approach. This means access to justice for victims of crime, including unconditional access to support and protection for all victims of crime as well as access to residence and effective remedies. Currently those victims not able or willing to cooperate with the authorities - often out of fear for the risk this entails - are left without even basic support, while risking deportation or detention. Effective mechanisms to protect migrant workers’ rights are also required. All forms of trafficking in Human Beings must be addressed with priority. The current narrow focus on trafficking for sexual exploitation and the call for criminalising sex work mainly causes harm and does not effectively address exploitation in the sex industry, neither addresses severe forms of violence and exploitation in other vulnerable sectors. Much more attention is required for (trafficking for) forced labour, forced criminality, forced begging or trafficking for organs. For effective prevention, it is essential that root causes of organised crime and human trafficking are seriously and effectively addressed. More focus is also required on adequate and structural information provision; safe reporting and complaint mechanisms for victims of crime and their referral to protection and support, regardless of their residence or employment status. Funding is needed for organisations providing non-discriminatory services and support to participate in complaints mechanisms, doing outreach and organising with migrant workers and other vulnerable groups to increase adequate identification and referral. Both new EU Strategies should include stronger measures for companies to ensure clean supply and value chains, free from forced labour and trafficking. Next to (binding) EU due diligence and reporting procedures, it is needed to evaluate recruitment practises and regulate recruitment agencies and to raise more awareness among employees and consumers to prevent exploitative practices. The EU Commission and EU MS should be transparent about government’ procurement policies and critically assess own supply chains and services to ensure these are free of forced and exploitative labour. Countering the culture of impunity and increasing accountability further requires intensifying the number of investigations, prosecutions and convictions. More efforts, capacity and funding is needed in seizing and confiscating criminal proceeds. Focus should also put on legal entities operating in legal sectors which are still responsible for severe exploitation of workers. Lastly, more coherence is needed to mainstream rights of trafficked persons and vulnerable groups in all related policies.
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Response to New Pact on Migration and Asylum

27 Aug 2020

La Strada International - European NGO Platform against human trafficking - acknowledges the strong need for a revised European Migration and Asylum system. The upcoming Pact on Migration and Asylum is an opportunity for the European Union and its Members States to revise their migration management, offer legal migration pathways, and address the specific needs of migrants. This will prevent severe exploitation and human trafficking of these vulnerable groups. 1. Expanding safe legal pathways to the EU and supporting adequate migrants’ inclusion through rights protection The new Pact on Migration and Asylum offer more channels for legal migration, safe pathways to the EU for refugees and opportunities for legal employment in the EU. In addition social inclusion of migrants is of major importance including strengthening the economic position of vulnerable 3rd country nationals, providing them with skills, resources, and confidence to financially support themselves and their families. Irregular migrants should get access to regularization and residence. 2. Early assistance to vulnerable groups Early assistance for vulnerable persons, including for all those that newly arrive in Europe is needed. Adequate referral and support procedures should be in place to assist all persons in need or at risk and remaining gaps of inappropriate support structures and services should be addressed, taking into account specific and different needs of persons. Only once basic humanitarian needs of people are met, there can be an opportunity to initiate a process of building trust, empowering with information and support and eventually recognize people who might have been trafficked or might be at risk of trafficking or other severe forms of exploitation. 3. Procedural safeguard for victims of trafficking in asylum procedures The effective exercise of the right to seek and enjoy asylum requires that individuals be afforded procedural safeguards and guarantees at all stages of the asylum procedures. States have a (positive) obligation to identify and assist potential trafficked persons and to effectively investigate the possible exploitative situation, independent of the individual willingness or ability of the person to cooperate. 4. Dublin III regulation A human rights approach calls for placing the protection of the rights of the person at the center and for taking the best interests of the person as the point of departure in providing support. This also means exploring how to use and combine the anti-trafficking framework and the international protection one to complement each other and increase the protection of rights of people and the chances for them to receive a long term residence permit and an opportunity of integration in the job market. States should ensure that trafficked persons have fair and effective access to asylum procedures and that both victim protection standards and asylum procedural guarantees are systematically applied. Furthermore, ensuring that trafficked asylum seekers in Dublin procedures are not discriminated in their access to support and in the scope of protection of their rights solely because they fall within the realm of applicability of the Dublin III regulation. 5. Ensuring coherence with other relevant EU strategies and priorities including promoting gender equality and victim´s rights and Anti-Trafficking EU Directive The new Pact must be coherent with EU standards and policies related to the eradication of human trafficking, employment, social inclusion, fundamental rights and justice, and promote the implementation of other relevant EU strategies and priorities, including, but not limited to, the Gender Equality Strategy, the Strategy on Victims’ Rights, and the forthcoming strategy on child rights and eradication of human trafficking.
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