EU law toughens penalties for traffickers

LAST month, the European Parliament passed a new EU law designed to make traffickers in human beings face tougher penalties for their crime and to ensure victims would be entitled to better protection and assistance.

It said the new rules were to apply to trafficking in the sex industry or labour exploitation in, for example, construction work, farming or domestic service.

“With this legislation we will create a tougher environment for the human traffickers and stronger protection for the victims,” said Civil Liberties Committee rapporteur Anna Hedh. “We also have to work on the roots of human trafficking, such as the demand for services. The human body is not a commodity that can be used and sold for money.”

Ireland decided to sign up to the new terms even though Britain opted out.

The new directive, according to the Parliament, takes a broader view of what “exploitation” means than its predecessor, the EU frame- work decision of 2002.

It set maximum EU-wide penalties of at least five years’ imprisonment, meaning member states could not impose lower ceilings. In specific “aggravating” circumstances it set the minimum at 10 years’ imprisonment.

“These aggravating circumstances include cases where children are exploited, criminal organisations are involved, the victim’s life is endangered or serious violence is used. Instigating, aiding, abetting or simply attempting to commit such an offence will also be punishable,” it said,

The directive also stipulates that victims should receive accommodation, material assistance and, where necessary, medical treatment, including psychological assistance. It also said victims of trafficking should have access to witness protection programmes and to compensation schemes.

Assistance and support should be provided “before, during and for an appropriate time after criminal proceedings”, irrespective of a victim’s willingness to act as a witness, it said.

“A requirement not to prosecute or impose penalties on victims is explicitly stated in the text,” the Parliament’s statement said.

The directive was approved with 643 votes in favour, 10 against and 14 abstentions. It will not apply to Denmark or Britain, but Britain may opt in later. Once the directive is adopted, member states will have two years to transpose it into their national laws.

The Children’s Rights Alliance here said the decision to ratify the directive was a “positive and significant step in the international campaign to stop the sex trafficking of children and young people”.

In advance of the directive, it had secured signatures from 90,000 people for its “Stop Sex Trafficking” petition which called for the Irish Government to offer more specialised assistance to victims of sex trafficking, to identify child victims and enforce laws to prosecute traffickers.