Cooperation and Coordination are
the keys to counter trafficking
Nicole Zündorf-Hinte, June 10, 2010
General Remarks on Situation in Germany
 Germany is a country of destination
 Germany is to a lesser extent also country of transit
 There is national trafficking in Germany
 Germany is a federal country, many of the obligations
for victim protection lie within the responsibility of the
Länder and cities
Legal Definition of Trafficking
up to February 18th, 2005 only trafficking for sexual
exploitation was defined as trafficking;
on February 19th, 2005 definition was broadened to
include labour exploitation;
now included in the section on deprivation of liberty
other forms of exploitation are covered either by
special laws (i.e. transplantation) or other penal code
provisions (i.e. severe forms of coercion)
BKA Statistics until 2005 only cover sexual
exploitation.
Data on Trafficking
I Since 1994 Federal Police Office publishes an annual
situation report on THB
I this means data for 18 years available by now, which
can also show trends
in 2009 724 victims of trafficking identified ( 24 for
labour exploitation)
in 2008 703 victims of trafficking identified (27 for
labour exploitation)
In the area of sexual exploitation in 2009 86% of the
victims are from Europe, 25% were Germans
Information in the situation report in the Area of
trafficking for sexual exploitation
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Numbers of trafficking cases and victims
Recruiting methods
Countries of origin of victims
Nationality of offenders
Circumstances of prostitution
Support given to victims
Collateral crimes (e.g. crimes against sexual self-determination,
bodily injury, smuggling of migrants, forging of documents..)
I Registration under industrial law
Use of the situation report
I The situation report is an important basis for the work
of the Federal Working Group on Trafficking in
Women, the coordinating body is this field
I Changes in patterns can be noted and analyzed
I Further studies are commissioned to find reasons for the
findings of the situation report, e.g. a study on the
change in court proceedings in 2006 or three studies in
2006 on the validity of the situation report
Role of the Federal Ministry for Family Affairs,
Senior Citizens, Women and Youth
I Coordinating authority and Manager
• in matters concerning violence against women
• for the National Action Plan on Combating (all forms of) Violence
against Women
• for the national report on the effects of Germany’s Act on regulating the
legal affairs of Prostitutes
I Trafficking in Women is violence against women mainstreamed
into the Action Plan
I 2 steering committees for Action Plan:
• Federal Working Group on Trafficking in Women (for the purpose of
sexual exploitation)
• Federal Working Group on Domestic Violence
Need for coordination and cooperation of
policies to combat trafficking in human beings
I Combating trafficking in human beings (thb) is a very complex
task
I Underlying causes for trafficking in women:
• such as poverty, lack of equal opportunities in counties of origin and
• demand for cheap labor and prostitution in countries of destination
• cannot be countered with short term measures
I Conflict of interests in policies of different agencies
Conflict of interests as serious obstacle
I Conflict of interests between various actors
I Conflicts between law enforcement and NGOs
I Conflicts between various policy areas:
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Law enforcement
Immigration policies
Human rights policies
Gender policies
Labor policies
I For trafficking in women for sexual exploitation:
• Attitudes towards and perceptions of prostitution play a key role
I These obstacles:
• cannot be countered by one government or government agency alone
Co-ordinating Body
I Federal Working Group Trafficking in Women
founded in 1997
meets three to four times a year
Members of the Federal Working Group
I Federal Ministries and Agencies for:
I Länder level:
I Women (central coordinator and
manager)
I technical conferences of the Länder
ministries for Interior, Justice, Social
Affairs and Gender Equality
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Foreign Affairs
Interior
Justice
Labour and Social Affairs
Economic Co-operation and
Development
 Federal Commissioner for Migration
and Integration
 Federal Criminal Police Office
I NGOs:
I KOK - German nationwide activist
coordination group combating
trafficking in women and violence
against women in the process of
migration
I SOLWODI e.V.
I Co-ordination group of the German
Welfare Organisations represented by
the Diakonisches Werk EKD
Mandate of the Federal Working Group on
Trafficking in Women
I Facilitate exchange of information and experiences
I Provide overview of measures and activities
• in the 16 Länder
• at national level
• at international level
I Identify and analyze practical problems
I Develop best-practice models
I Make cross-disciplinary recommendations to
decisionmakers and practitioners
Methods of the Working Group
I Identify issues where action is needed, important source
of data: Situation Report
I Commission feasibility studies (competent ministries as
actors)
I define modes of further procedure, once facts are
established, e.g. form a sub-committee to present results
to Plenary
I Upon consensus results are forwarded as Federal
Working Group proposal to respective decisionmakers
Examples for Main Results of Federal Working
Group
I Proposals for drafting Germany’s Residence Act and
administrative regulations
I Federal cooperation model to institutionalize
cooperation between police and counseling services
I Paper on standardization of training and education of
various professionals
I Brochure on the application of the Compensation
Victims Crime Acts
Challenges in the Federal System – Transfer to
Länder
I Responsibility for implementation of national law lies
with the Länder
Länder must devise their own strategies, measures and
activities
I Federal Working Group as a structural model
many Länder have set up special committees similar to
Federal Working Group
Prime Example of the Federal Working Group:
Concept for Cooperation between counseling
services and police
I First published in 1999
I Updated in 2007
I Purpose: define how counseling organizations and
police can cooperate effectively to achieve the common
goal of improved protection of victims of trafficking
I Implementation lies at Länder level
I Successful transfer from the federal to the Länder level:
12 of 16 Länder have prescribed such cooperation
concepts
Concept for Cooperation between counseling
services and police
I Lays down in its preamble the need for a cooperation
agreement between the parties.
I Defines a common goal.
I Names its addressees, their roles and their obligations.
I Identifies the target group comprising the victim to be
protected.
I Describes the duties required of the police and of the
counselling organisations.
I Prescribes how cooperation activities should be
conducted.
Reasons for the Cooperation Concept
I stabilization and empowerment of identified victims is a
human rights issue
I personal evidence is crucial in prosecuting THB
I witnesses must be stable to be able to give a valuable
statement in court
I a 2002 scientific study of the Max Planck Institute for
Criminology confirmed direct connection between good
care for victims and verdicts
Why a special Concept for victims of trafficking?
I Classical witness protection programmes do not fit for
majority of victims of THB due to special requirements
like:
 change of identity
 breach of contact with friends and relatives
trauma does not allow these
victims like to stay in contact with their families
Thank you very much for your
attention.