Brussels, 25/11/2010 (Agence Europe) - On Thursday 25 November, the Committee of Permanent Representatives of the EU member states (Coreper) paved the way for EU-wide minimum rules aimed at stepping up the fight against the trafficking in human beings. Cecilia Malmström, European Commissioner for Home Affairs, immediately hailed the progress made. The draft directive on preventing and combating trafficking in human beings and protection of victims had been submitted by the Commission on 29 March this year (see EUROPE 10108).
The text of the directive was agreed on Thursday at member state level after being previously negotiated with the European Parliament. If the Parliament confirms its agreement of the current text during the December plenary session, then the Council will swiftly give its approval to the text resulting in a first reading agreement. Member states will then have to comply with the new rules within two years. The new directive will replace Framework Decision 2002/629/JHA and will apply to all member states except Denmark and the United Kingdom. The latter might still use an opt-in to participate in the new rules at a later stage.
The directive will make it an obligation for member states to act on three fronts: - prosecution against those who commit such offences, the protection of trafficking victims, and the prevention of trafficking offences. The proposal would increase consistency among national rules on crimes and penalties. Maximum five year prison sentences or, in particularly aggravating circumstances, ten year prison sentences are foreseen as well as fines in some cases. Each member state will have to investigate and prosecute offences committed in whole or in part within its territory or committed by one of its nationals, even outside its territory. Member states can choose to go beyond that basic rule by establishing further jurisdiction over an offence committed outside its territory, e.g. where the offence is committed against one of its nationals or against a person who has his or her habitual residence in the territory of that member state. This is also possible where the offender has his or her habitual residence in the territory of that member state.
The directive provides, moreover, for there not to be prosecution of victims forced against their will to take part in criminal activity.
Victims would receive accommodation, medical care to help them recover and witness protection so that they are not afraid to testify against their perpetrators. They would also receive legal aid throughout the proceedings including for the purpose of claiming financial compensation.
In order to do more to prevent human trafficking, the proposal for a directive provides for raising awareness of potential victims to the risks of falling prey to traffickers, and of public officials to detect cases of trafficking and to deal with them as necessary.
Finally, the directive mentions opening a post for a future “Anti-Trafficking Coordinator (ATC)” who would contribute to Commission reports on progress made in the fight against human trafficking. Reports would be presented to the Council and Parliament every two years. (O.L./transl.jl)