Structure

1. Trafficking in human beings in Germany: lessons learnt from identifying victims during the international protection procedure

2. Structure • Mapping human trafficking in Germany • Legal rights of third-country nationals who have become victims of human trafficking • Project “Identification and protection of trafficked persons in the asylum process” • Cooperation between authorities: state of the art and future plans

3. Mapping human trafficking in Germany (1) • “Federal Situation Report on trafficking in human beings” published by Federal Criminal Police Office • Provides figures on the offences in the area of human trafficking defined in the German Criminal Code (StGB) • Human trafficking for the purposes of sexual exploitation (Section 232 StGB) • Human trafficking for the purposes of labour exploitation (Section 233 StGB)

4. Mapping human trafficking in Germany (2) Nationality of victims

5. Mapping human trafficking in Germany (3)

6. Mapping human trafficking in Germany (4) • Considerable number of unidentified cases • Reasons: • Threat scenarios and dependencies created by perpetrators • Lack of awareness of being a victim of human trafficking • Exploitative labour as only means to provide for family

7. Legal rights of TCNs who have become victims of human trafficking (1) Reflection and stabilisation period of min. 3 months (§59 (7) Residence Act) Witness in criminal proceedings No witness in criminal proceedings Temporary residence (§25(4a) Residence Act) Obligation to leave the country Trial Leave Provisions for extension of residence titles: §§25 (5), 60 (7), 25 (4b) S. 3 Residence Act

8. Legal rights of TCNs who have become victims of human trafficking (2) Residencepermitsfortemporarystay (Section 25(4) ResidenceAct)

9. Identification & protection of traffickedpersons in theasylumsystem European Union European Refugee Fund

10. Project background Situation attheoutset Anecdotalreferences: links betweenThB and theasylumsystem. But nosystematicknowledgeorapproachtothisnexus. Project aims Exchange experiences on the protection of trafficked persons between relevant stakeholders. Collect and systematize existing practical evidence. Raise awareness to enable identification and protection. Activities • Research relationshipbetweenasylumprocedure and protection of traffickedpersons assessment of Nigerianasylumcases • Awareness-raising for asylumdecisionmakers of the BAMF • 2-day training of trainers for decisionmakersfromthe 22 local BAMF offices • Creation of networksbetweenasylumdecisionmakersand relevant localcounsellingorganisations for traffickedpersons • Publication in ordertoraiseawarenessmorebroadly in Germany

11. Assessment: Nigeria Nigeria chosen for in-depth analysis as a relevant third country both in terms of asylum and trafficking in human beings Methodology • Case sample of 214 Nigerian asylum applicants in Germany • First filtering of the asylum interview protocols – 164 cases further assessed for hints pointing to trafficking for the purpose of sexual exploitation using Palermo Protocol definition and indicators: • General indicators: Being forced to prostitution, limited freedom of movement, threats and use of force, bonding/impressing • Country-specific indicators Nigeria: female traffickers, use of magic and witchcraft • Quantitative and qualitative analysis - different variables • Second analysis of the 164 asylum cases based on findings in previous steps

12. Assessment findings Different evidence was found that poined to trafficking in human beings: • 53 out of 164 interviews (32,3%) contained hints towards ThB • In 9 cases women had been apprehended by police in red light districts and had filed asylum applications from detention • 16 other transcripts contained direct reference to forced prostitution • In the other cases, combinations of other indicators were found, e.g. • „She threatened my family in Africa. [Further reference made to witchcraft]“ • „The people who brought her here had threatened her and accomodated her in different places.“ Further analysis of these cases points to additional possible indicators relevant for nexus trafficking and asylum: • Longer stays in other EU member states before entering Germany (17 cases) • Pregnancy - 35,8% of the women reported to be pregnant/ have a child from a man in Germany • Delayed asylum application: 73,1% of the women only applied for asylum later than three months after entry A significant number of the other 111 cases showed some of these additional indicators; the number of potential cases of trafficking might have been larger

13. Outcomes of the asylum procedures • Asylumapplicationsweremostlyrejected • The rate of identification of cases of trafficking was low • Many different reasons for this, including • Complex and multi-facettednature of trafficking in human beings • Potential lack of awareness of asylumdecisionmakers for trafficking • Potentiallytraffickedpersonsdid not explicitlymentiontrafficking (but referencesto relevant aspectsweremade in some of the interview transcripts) • Applicantsstayedveryvague, and sometimesmadeunlikely/ questionablestatementsabouttheirjourneyto and stay in Germany

14. Conclusions from the trainings with the asylum decision makers (1) Importance of the asylum procedure, in particular the hearing: • potentially the only chance to identify victims of trafficking and for consequent assistance, prosecution and protection • after being trained, asylum decision makers confirmed previously having had asylum cases which might have been cases of trafficking in human beings Some steps an asylum judge could take in case of initial trafficking evidence: • Ideally, referral to specialized counselling centres for trafficked persons • Possiblity to interrupt the hearing and • consult other sources of information (e.g. police reports; criminal proceedings, …) • Continue it with the special representatives of the BAMF for trafficking in human beings or gender-specific prosecution • Rerral to other agencies (state obligation to prosecute and protect); immediate protection measures (data protection; alternative accomodation, …)

15. Conclusions from the trainings with the asylum decision makers (2) Additional measuresweresuggested, in particular • Further awarenessraising for all asylumdecisionmakers, includingmorespecifictraining and country of origininformationspecifically on trafficking in human beings • Collection of statisticaldata on cases of trafficking in theasylumprocedure • Specificguidelines for asylumdecisionmakersconcerningtrafficking • Need for morebroadestablishment of/ participation in cooperationstructures and networksatlocallevel, includingaccomodationcentres for asylumapplicants and centresproviding for counselling for asylumapplicants • Introduction of specialrepresentatives for trafficking in human beings • Trainings wereconsidered relevant; ledtomorecooperationbetween BAMF and specializedcounsellingcentresfortraffickedpersons • Project hasledtoincreasedawarenesswithinthe BAMF and furtherstepsarebeingtakentoaddresstrafficking and asylumnexus

16. Cooperation between authorities: state of the art and future plans (1) Police controls Accommodation Suspicion case Trauma Counselling Specializedcounsellingcentresfortraffickedpersons Obligatory witness statement Support Medical care Protective measures if person is endangered Vocational training and integration

17. Cooperation between authorities: state of the art and future plans (2) • Cooperation during asylum procedure • Special representatives for victims of trafficking in human beings in every branch office of BAMF advise asylum decision makers and establish contact to social workers • Cooperation during forced return • Foreigners authorities consult specialized counselling centres for trafficked persons

18. Cooperation between authorities: state of the art and future plans (3) Plans to facilitate identification: • Instructions for asylum decision makers • Shall facilitate the identification and handling of human trafficking cases • Provide common definition and indicators • Awareness raising • “Are we aware?” film by IOM and UNODC • Annual meeting of asylum decision makers • Further training • Guidelines

19. Thank you for your attention