Identification of victims of trafficking in human beings in international protection and forced return procedures
- Document number
- 3015
- Date
- 2013
- Title
- Identification of victims of trafficking in human beings in international protection and forced return procedures
- Author/publisher
- Ulrike Hoffmann
- Availability
- View/save PDF version of this document
- Document type(s)
- EU law, Guidelines/Recommendations, International Law, Research/Study/Analysis,
- Keywords
- human trafficking, exploitation, forced labour, asylum, protection, forced return
- Summary
Working Paper 56 focuses on the identification of victims of human trafficking from third countries in the asylum process and in the event of forced return, including general conditions under criminal, asylum and residence act.
The German Penal Code (StGB) addresses various types of human trafficking: for sexual exploitation (Section 232 StGB), for labour exploitation (Section 233 StGB), and for facilitating human trafficking (Section 233a StGB).
The German residence act (Aufenthaltsgesetz -AufenthG) provides for a reflection and stabilisation period of at least three months (Section 59, Subs. 7 AufenthG). Under Section 25, Subs. 4a AufenthG, residence act also allows for residence on humanitarian grounds for the duration of criminal proceedings. Subsidiary protection can also be ensured beyond the duration of criminal proceedings under Section 60, Subs. 2 AufenthG if the foreigner faces a tangible risk of torture or inhumane or degrading treatment or punishment in the country of origin. Furthermore, victims of human trafficking have access to statutory assistance under the Asylum Seekers’ Benefits Act and to compensation under the Victims Compensation Act when certain requirements are met.
Working Paper 56 also highlights the administrative mechanisms for identifying victims used by the Federal Office for Migration and Refugees (BAMF), reception centres, detention facilities, the German Federal Police, foreigners authorities and counselling centres for victims of human trafficking. The BAMF has taken a number of measures to identify victims of human trafficking, such as creating standard operating procedures and indicator lists for case officers. Special representatives for victims of human trafficking were also used and countless interdisciplinary training sessions conducted. Police and counselling centres are brought in early on suspected cases in order to guarantee adequate care for victims and initiate criminal proceedings against the perpetrators. Social workers working with these counselling centres also attend to victims of human trafficking in reception centres and detention facilities.
Finally, Working Paper 56 addresses the challenges in identifying victims and presents available statistics of human trafficking in Germany. Residence permits issued under Section 25, Subs. 4a AufenthG have increased slightly. Statistics also show that the majority of identified victims of human trafficking in international protection procedures are female, between the ages of 18 and 35. The primary countries of origin outside the EU are Nigeria, the Russian Federation, the Ukraine and India.
Working Paper 56 was drawn up by the National Contact Point of the European Migration Network (EMN) at the Federal Office for Migration and Refugees as a sub-report to a comparative European study, and was co-financed by the European Union.