VZCZCXRO2829
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHRL #0256/01 0630858
ZNR UUUUU ZZH
R 030858Z MAR 08
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC 0557
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCNFRG/FRG COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 0119
RUEHOS/AMCONSUL LAGOS 0090
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEAUSA/DEPT OF HHS WASHINGTON DC
UNCLAS SECTION 01 OF 19 BERLIN 000256
SIPDIS
SENSITIVE
SIPDIS, EUR/AGS, EUR/PGI, DRL/IL, G/TIP, INL/HSTC, AND PRM
PLEASE PASS USAID
E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG ASEC PREF ELAB PGOV GM
SUBJECT: GERMANY - 2008 TRAFFICKING IN PERSONS REPORT
REF: A. STATE 2731
B. BERLIN 240
C. DUSSELDORF 10
D. 07 BERLIN 2015
E. 07 BERLIN 1190
F. 07 BERLIN 601
G. 07 BERLIN 390
H. 06 BERLIN 1094
1. (SBU) The following is Mission Germany's submission for
the eighth annual Trafficking in Persons (TIP) Report. The
entire report should be treated as sensitive but
unclassified. Mission point of contact is Craig Conway
SIPDIS
(email: conwaycm@state.gov; tel: 49-30-8305-2127).
2. (SBU) SUMMARY: The German government continued to make
important strides in combating TIP during the reporting
period:
-- Germany adopted a new Action Plan to Combat Violence
against Women, a comprehensive inter-agency plan that
contains 130 measures to prevent and protect women from a
wide range of violence, including forced marriage,
trafficking, and other forms of exploitation. The plan
places special emphasis on expanding counseling services for
women affected by violence and on strengthening cooperation
between authorities and NGOs. The plan also includes efforts
to raise awareness within the German armed forces, including
additional training in advance of peacekeeping deployments
abroad.
-- Germany adopted amendments to the immigration law that
formally codified the long-standing practice of granting
third-country TIP victims a 30-day "reflection period."
-- The Federal-State Interagency Working Group on Trafficking
published guidelines on TIP-related training that offer
standardized modules for training for police, counseling
centers, prosecutors, judges, and other state and municipal
authorities. The modules include training on victim
identification techniques and best practices.
-- As in previous years, the government funded various
campaigns to raise awareness of child sex tourism.
-- Germany continued and built on strategies implemented in
conjunction with the 2006 Soccer World Cup Championship to
raise public awareness of TIP and to improve the
effectiveness of efforts to combat it. Best practices and
lessons learned were shared with EU member states, and
countries planning to host large-scale sporting events, e.g.,
Switzerland and Austria, the hosts of the Euro 2008 Soccer
Cup.
-- Germany worked to raise awareness of labor trafficking and
to improve enforcement of labor trafficking laws enacted in
2005. Germany also took steps toward establishing an
inter-agency cooperation mechanism similar to the
federal/state interagency working group set up in 1997 to
coordinate action against sex trafficking. END SUMMARY.
3. (SBU) Responses below are keyed to questions posed in
paras 27-34 of ref A:
--------------------
CHECKLIST - OVERVIEW
--------------------
A. Victims. Germany is a country of origin, transit and
destination for trafficked persons. Trafficking takes place
into, within, and through Germany. The Federal Office of
Criminal Investigation (BKA) makes a concerted effort to
compile accurate statistics, but acknowledges many instances
of trafficking go unreported due to the difficulty in
identifying victims. German authorities state it will become
more difficult to identify victims as the result of the
ongoing opening of EU internal borders.
In its most recent report, covering 2006, the BKA recorded
775 sex trafficking victims identified, compared to 642 in
2005. As in years past, nearly all victims (98.5 percent)
were female. According to the BKA report, the increase in
BERLIN 00000256 002 OF 019
the number of victims identified corresponds to an increase
in the number of related police investigations. Of the 775
victims identified in 2006, 181 were German nationals (23
percent -- up from 18 percent in 2005). Over fifty percent
(460 victims) were 18-24. Eight percent (62 victims) were
under 18. German nationals comprised the largest portion of
the underage victims (28).
In 2006, the BKA recorded 83 victims of labor trafficking.
Of those, 61 were male and 22 were female. The BKA report
notes that more detailed statistics on labor trafficking do
not yet exist due to the fact that amendments to the Penal
Code criminalizing labor trafficking only entered into effect
in 2005.
The BKA statistics capture trafficking victims only, not
actions against other related crimes, such as pimping,
exploitation of prostitutes, child sex abuse, or human
smuggling.
B. Situation. As in recent years, most sex trafficking
victims came from European -- and in particular Eastern
European -- countries. Of the 775 sex trafficking victims
reported in 2006, 94 percent came from Europe, including
Germany. The largest numbers of foreign victims came from
the Czech Republic (20 percent), Romania (11 percent), and
Poland (10 percent). The BKA report states that the 15-fold
increase in the number of Czech victims is the result of two
major investigations conducted in 2006. The report notes a
significant increase in the number of Polish victims, as well
as a significant decrease in the number of Russian victims.
Non-European victims came from Asia (15), Africa (14), and
the Western Hemisphere (11). According to the Interior
Ministry, the top destinations for trafficking victims
transiting Germany are the United Kingdom and Scandinavian
countries.
Government Efforts to Combat TIP and Political Will.
Political will to combat trafficking exists at all levels of
government, including the Federal Chancellery, Cabinet and
Federal Parliament.
In September 2007, the Federal Cabinet adopted a new Action
Plan to Combat Violence against Women (hereafter Action
Plan), originally proposed and drafted by the Federal Family
Ministry. The Action Plan, which includes 130 measures to be
implemented by a wide array of government agencies, updates
and elaborates on the first Action Plan from 1999. The plan
places special emphasis on expanding counseling services for
women affected by violence and on strengthening cooperation
between authorities and NGOs. The plan also focuses on
improving the protection of migrants and lists numerous
development projects abroad. Among the mandated measures,
the Action Plan instructs the government-funded Association
against Trafficking in Women and Violence against Women in
the Migration Process (KOK), an umbrella organization of 38
anti-TIP NGOs, to publish a study on the status of
trafficking in Germany. The Action Plan also instructed the
BKA and the Family Ministry to develop guidelines on how to
deal with traumatized victims of trafficking and forced
prostitution in order to ensure that police, judicial
authorities, immigration officials, and welfare authorities
are sensitized to the unique needs of trafficking victims and
that authorities treat victims appropriately. These
guidelines were published in October 2007.
Additionally, the Action Plan requires prevention measures
and efforts to raise awareness within the German armed forces
(see PREVENTION I). A copy of the Action Plan has been
e-mailed to G/TIP and EUR/PGI.
The 2003 "Action Plan for the Protection of Children and
Juveniles from Sexual Violence and Exploitation," which
Germany is now implementing, includes public awareness
campaigns on child sex tourism. Both the federal and Laender
(state) governments devote substantial resources to combating
TIP in Germany and in source countries.
The Christian Democratic Union/Christian Social Union
(CDU/CSU) and Social Democratic Party (SPD) coalition
partners in the German government (elected in November 2005)
listed combating trafficking in persons as a high priority in
BERLIN 00000256 003 OF 019
their coalition agreement. The coalition agreement forms a
roadmap for major policies and strategies to be implemented
in the government's four-year term and specifically cited
TIP, as well as improving the overall migration situation, as
issues on which the government will focus.
Trafficking Conditions. Victims are trafficked for purposes
of sexual and labor exploitation.
Traffickers. The BKA registered 664 suspected sex
traffickers in 2006. Of those, 77 percent were men. As in
previous years, German nationals comprised the largest share
of suspected traffickers (282 or 43 percent). Fifty-two (8
percent) of those were born outside of Germany (primarily
Turkey, Poland, Romania, and Kazakhstan). The largest number
of non-German suspects came from Turkey (9 percent), Romania
(7 percent), Poland (6 percent) and Bulgaria (5 percent).
The BKA report notes that the two-fold increase in the number
of Polish suspects corresponds to the significant increase in
the number of Polish sex trafficking victims.
The BKA registered 101 suspected labor traffickers in 2006.
Of those, 65 were women and 36 were men. Fifty-five percent
of the suspects were not German. Of those, the majority were
from Ukraine (14), Russia (13), and Turkey (5).
Methods used by Traffickers. With regard to sex trafficking,
35 percent of victims reported that they had agreed to engage
in prostitution. According to the BKA report, many victims
who agreed to work as prostitutes were deceived regarding
exploitative conditions of the work situation. Twenty-eight
percent of victims said they were professionally recruited
(e.g., by talent agencies or newspaper advertisements).
Twenty-seven percent of victims reported being deceived about
the true purpose of their entry into Germany. Ten percent
reported having been coerced into working as prostitutes.
According to the BKA report, 123 victims reported that
traffickers used violence against them. The majority of the
victims worked in bars and brothels (503) or apartments
(186). The number of victims working for escort services
(74) or in street prostitution (120) was also significant.
Seventy-four victims stated they were unwilling to testify as
a result of threats they had received.
C. Government Agencies. Within the German government, the
Federal Family Ministry has the lead for preventing TIP and
funds numerous public awareness campaigns and education
projects implemented by NGOs.
The Federal Justice Ministry manages the National Training
Academy for Judges and Prosecutors, which offers training
regarding cases involving organized crime, child victim
witnesses, and international cooperation. The Academy
offered specific courses on how to handle international
trafficking cases in 2007. In 2008, the Academy will also
offer training on domestic violence and child abuse, as well
as dealing with victims of sexual violence. The courses are
geared toward sensitizing judges and prosecutors.
The Federal Ministry for Economic Cooperation and Development
(Development Ministry) has funded development projects abroad
to combat TIP since 2003. Since 2004, the Ministry has also
funded programs to combat trafficking in children. The
German Society for Technical Cooperation (GTZ), a
government-owned corporation for international development
cooperation, develops and executes these projects.
The Federal Ministry for Labor and Social Affairs, through
its government employment offices, offers former prostitutes
and trafficked victims job-placement assistance and training
in other fields. The Ministry has issued strict guidelines
to ensure job seekers are not offered employment in the
commercial sex industry, unless a job seeker expressly
requests information about such employment. Government
regulations and guidelines stipulate employment agencies
cannot compel unemployed people to accept such employment,
nor can job seekers be denied unemployment benefits for
refusing to accept employment in the commercial sex industry.
The Labor Ministry administered EQUAL funds -- an EU-funded
project run by IOM and NGOs that sponsored reintegration
programs for TIP victims. The Labor Ministry is working with
the Family Ministry, along with other federal and Laender
BERLIN 00000256 004 OF 019
ministries, to establish an inter-agency cooperation
mechanism similar to the federal/state interagency working
group set up in 1997 to coordinate action against sex
trafficking.
The Ministry of Foreign Affairs (MFA), in addition to
tightening rules and procedures for reviewing visa
applications, is actively involved in outreach to potential
victims in countries of origin (see PREVENTION B).
The Federal Office of Criminal Investigations (BKA) has a
counter-trafficking office that coordinates international TIP
cases, promotes cooperation with other countries and regional
organizations (including through the Southeast European
Cooperative Initiative (SECI) and the Baltic Sea Task Force),
cooperates closely with Europol and Interpol, and organizes
training programs for German and foreign law enforcement
authorities. The BKA established a federal-state working
group in 2005 comprised of police officials from a number of
Laender, the BKA, and Customs to explore the effects of the
new counter-TIP legislation and to focus on trafficking of
children. The illegal immigration unit of the BKA's
Organized Crime Section covers trafficking for purposes of
sexual and labor exploitation, as well.
The Federal-State Interagency Working Group on Trafficking in
Women, established in 1997 under the Family Ministry's lead,
reviews counter-trafficking issues, disseminates best
practices, and provides input for new laws and directives.
Members include representatives from the Federal Ministries
of Justice, Interior, Foreign Affairs, Economics and
Technology, Labor, Health, and Development, as well as from
NGOs, law enforcement agencies, and Laender governments. The
working group has developed a model cooperation concept
agreement to formalize cooperation among police, welfare
agencies, and NGOs to enhance protection and assistance to
victims and to encourage victims to testify against
traffickers. Ten of the sixteen Laender have concluded a
cooperation agreement. Instead of a formal cooperation
agreement, the North-Rhine Westphalia Interior Ministry
issued a regulation formalizing cooperation among agencies
and NGOs as early as 1994. In August 2007, Saxony concluded
a cooperation agreement that also has the support of all
democratic political parties in the state. The working group
has drafted a paper on training government and NGO personnel
involved in combating TIP.
A federal-state working group on combating sexual
exploitation of children has existed since 2003 and meets
several times every year.
The Laender Offices of Criminal Investigations (LKA) have
special units that deal with TIP or with organized crime.
The Hamburg police, for example, deploy approximately 20
officers to deal with TIP and pimping. The BKA and the
Hamburg police have attributed the high investigation success
rate and the high number of victims willing to approach the
police in Hamburg to the trust that specially trained milieu
police have built up. The establishment of similar units in
Hannover and Osnabrueck has reportedly led to an increase in
TIP-related criminal proceedings and prosecutions.
Numerous Laender offices, including Family, Social, Justice
and Labor ministries, are involved in developing programs at
the state level. Several Laender have interagency working
groups or task forces that include NGOs. Hesse,
Baden-Wuerttemberg, Bavaria, and Thuringia have signed
inter-state memoranda of understanding to coordinate in
fighting TIP. Saarland has established an interagency unit
in the Ministry of Interior to combat TIP. As a result of
the 2005 amendment of trafficking provisions in the Federal
Penal Code, state police authorities have restructured their
organized crime or TIP units to include labor exploitation
crimes and have started to cooperate with the Customs
Authorities' Illegal Employment Control Task Force (FKS) to
enforce the new laws (see below - Federal Finance Ministry).
GASIM. The Federal Interior Ministry created an inter-agency
analysis and strategy center (GASIM) in 2006 that is
comprised of experts from the police, security agencies,
customs authorities, the Foreign Ministry and the Agency for
Refugees and Migration. It is designed to exchange and
BERLIN 00000256 005 OF 019
collect information on illegal migration, related organized
crime, visa fraud, illegal employment, and trafficking; to
analyze the illegal migration situation; and to support
investigations and international cooperation.
Federal Finance Ministry. The Customs Authorities' Illegal
Employment Control Task Force (FKS) under the Federal Finance
Ministry was restructured in 2004 and has increased its
personnel since 2006. It now employs approximately 6,500 at
113 offices throughout Germany. The task force investigates
violations of the Illegal Employment Law, including cases of
exploiting foreigners working in Germany without residence or
work permits. Under the law, it is not only a criminal
offense to employ foreigners working in Germany illegally,
but also to pay them less than prevailing wages or to provide
them substandard working conditions. The Unit cooperates
closely with a number of agencies, including federal and
state police authorities, especially in cases where the labor
exploitation reaches the level of labor trafficking. In
2006, FKS investigated 28,443 construction employers and
about 51,300 construction sites looking for evidence of
illegal employment practices, including forced labor and
labor exploitation.
D. Practical Limitations.
D-1. Federalism. Under Germany's post-World War II federal
structure, the Laender (states) have primary responsibility
for investigating and prosecuting crimes, including TIP.
Local government resources for law enforcement, assistance to
victims, and counseling by NGOs depend on the budgets of the
Laender, a situation which NGOs report can lead to an uneven
distribution of funding. Federal Family Ministry officials
promote the funding mechanism used by Rhineland-Palatinate as
a best practice model for ensuring regular funding of
programs that assist victims. Under this model, a general
budget line item is allocated annually to help trafficked
victims without allotting a fixed sum to each locality.
Baden-Wuerttemberg and Bavaria have also adopted this model.
D-2. Resources for Victims. Trafficked victims are entitled
by law to basic medical care and to assistance for basic
living expenses. Local social welfare authorities are
responsible for distributing benefits. NGOs have expressed
concern that basic benefits identified by governing
legislation do not include psychological treatment, though
victims can apply for a range of benefits, including
psychological treatment, under the 2007 Victims Compensation
Act. In addition, some Laender cover the cost of
psychological treatment on a case-by-case basis. The
government-funded KOK publishes a handbook providing a
comprehensive overview of resources available for TIP victims.
E. Surveys, Reports. The government and government-funded
NGOs systematically monitor Germany's anti-trafficking
efforts. In addition, parliamentarians routinely query the
government on efforts against TIP and related issues,
obliging the government to publish reports in response. The
German government makes regular assessments of its
counter-TIP efforts available to the UN, the EU, the Council
of Europe, and the OSCE. The BKA, as well as the
Federal-State Interagency Working Group, state level
interagency working groups, and Laender Offices of Criminal
Investigation (LKAs), meet regularly to evaluate and discuss
counter-TIP programs. Independent NGOs conduct their own
evaluations of the government's counter-TIP efforts and
regularly publish assessments.
Each year the BKA produces a report on trafficking in persons
in Germany covering the previous year's developments. Topics
include statistics on investigations, victims, and
traffickers.
In 2007, the Family Ministry published an English-language
evaluation of German legislation enacted in 2002 to improve
the legal and social situation of prostitutes. A copy has
been pouched to G/TIP. The Family Ministry also published a
60-page brochure -- available online -- listing benefits and
services available to TIP victims in Germany. The
publication is designed to explain to counseling centers and
authorities the benefits that are available under German law
and how to help victims apply for them.
BERLIN 00000256 006 OF 019
In 2007, the government-funded KOK also completed a study
recommending the establishment of national TIP rapporteurs
and a study on the situation of labor trafficking in Germany.
The Government's Action Plan directed KOK to publish a
comprehensive study on the status of trafficking in Germany.
Germany ratified ILO Convention 182 on April 18, 2002.
Germany ratified ILO Convention 29 on June 13, 1956 and ILO
Convention 105 was ratified on June 22, 1959. Germany
ratified the Optional Protocol to the Convention on the
Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography on September 6, 2000.
Germany ratified the UN Convention on Transnational Organized
Crime and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially Women and Children, signed
on December 12, 2000, on June 14, 2006.
Germany is in the final stages of ratifying the Optional
Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography.
Germany signed the Protocol September 8, 2000. The Cabinet
approved the draft bill approving ratification in August
2006. It is now with the German Parliament for approval.
Amendments to the Penal Code to implement measures in the
Protocol are currently before the German Parliament as part
of a second bill that also implements requirements of the
2003 EU framework decision to combat the sexual exploitation
of children and child pornography. Germany signed the
Council of Europe Convention on Action against Trafficking in
Human Beings in May 2005, and is currently preparing its
ratification.
In October 2007, Germany, along with other members of the
Council of Europe, signed the Council of Europe Convention on
the Protection of Children against Sexual Exploitation and
Sexual Abuse. Under the Convention, which takes into account
new technology and methods used by criminals, sexual
exploitation and abuse of children shall be penalized in each
member state. The Convention also requires stronger
prevention measures. According to the Justice Ministry,
Germany has already largely implemented the requirements of
the Convention. Ministry officials do not expect that
ratification will require significant new internal
implementation measures.
--------------------------------------------
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
A. Criminal Law on Trafficking. The criminal law on
trafficking was amended and expanded in 2005 to broaden and
strengthen provisions on sex and labor trafficking. Under
the new law, trafficking for sexual exploitation is
prohibited under Section 232 of the Federal Penal Code, and
labor exploitation is prohibited under Section 233, both
internally and trans-nationally. Trafficking for labor
exploitation includes slavery, bondage, debt peonage, and
working under exploitative working conditions.
Alternatively, a vast array of related laws with similar
penalties exist which are often used in trafficking cases,
e.g., promotion of trafficking (Section 233(a)), kidnapping
(Section 234), abduction (Section 234(a)), child stealing
(Section 235), child trade (Section 236), deprivation of
liberty (section 239), extortionate kidnapping (Section 239
a), coercion (Section 240), sexual exploitation of minors
(Section 176), promoting sexual acts of minors (section 180),
exploitation of prostitutes (Section 180(a)), pimping
(Section 181(a)), sexual exploitation of juveniles (Section
182), forcible sexual assault/rape (Section 177), sexual
abuse of children (section 176), and human smuggling (Section
96 of the Immigration Law). The German Penal Code makes a
clear distinction between trafficking in persons and human
smuggling.
Immigration Law. Since January 1, 2005, a new Immigration
Act has regulated all aspects of immigration, integration,
asylum, and deportation. Under a new provision, human
smuggling into Germany now constitutes a compelling ground
for deportation (Section 54(V)). Law enforcement authorities
believe this new provision will be an effective deterrent to
traffickers.
BERLIN 00000256 007 OF 019
Labor Laws. Several labor laws ban illegal employment.
Individuals or companies employing persons who do not have
residence or work permits violate the Illegal Employment Law
and are subject to administrative or criminal penalties.
Furthermore, employers who employ foreigners without a
residence or work permit under "exploitative work conditions"
-- working conditions significantly below the standards under
which a German employee would perform a comparable job --
commit a criminal offense. Prior to the inclusion of the
expanded labor trafficking provision (Section 233) in the
Penal Code in 2005, slavery and bondage were covered by
Section 234 (kidnapping). Since 2005, Section 233
criminalizes all forms of labor exploitation, including
slavery and bondage cases. Section 234 was amended
accordingly and limited to cases where someone is kidnapped
to bring him into a helpless situation.
Criminal Procedure Law. Germany has forfeiture laws under
which the police can seize assets that traffickers obtained
from their criminal activity.
Victims Compensation Act. In January 2007 a new law came
into effect expanding government authority to confiscate
proceeds of criminal activity and to strengthening the
corresponding rights of crime victims. TIP counseling
centers have applauded the new law, which can be applied in
trafficking cases where the victim desires to leave Germany
quickly. Previously, proceeds confiscated from traffickers
were returned to the perpetrators three months after their
conviction, if no one filed a claim. Now, victims have three
years to file claims for compensation against their
exploiters. If no claims are filed within the three-year
period, the confiscated proceeds become state property rather
than reverting back to the convicted criminal, as was
previously the case. Furthermore, under the new law, crime
victims' claims have priority over claims of creditors. The
law simplifies and streamlines filing procedures. The Family
Ministry and KOK publish a reference document for use by
counseling centers that explains benefits available to
trafficking victims, including psychological treatment, under
the Act and guidance on how to apply for benefits.
B. Punishment for Sex Trafficking Offenses. Penalties for
sex trafficking (Section 232) range from six months to ten
years imprisonment. These penalties are commensurate with
penalties for other serious crimes. Attempted sex
trafficking is also punishable under Section 232. Per 2005
amendments to the Penal Code, fines may no longer be imposed
as penalties instead of prison sentences. It is standard
German practice for judges to suspend prison sentences of two
years or less for all crimes, not just TIP-related crimes.
Suspended sentences are generally handed down to those, such
as drivers and telephone operators, who played an auxiliary
role in the crime. Those who receive suspended sentences are
often required to perform community service, pay damages,
and/or meet regularly with a parole officer.
German authorities prosecuted 175 persons under Section 232
in 2006, the last year for which statistics are available.
Of those, 138 were convicted, including 6 persons under the
juvenile justice system. Of the remaining 132, 120 persons
received prison sentences and 12 were required to pay a fine.
Thirty-eight persons (32 percent) received sentences longer
than two years (2-3 years: 23 persons; 3-5 years: 12 persons;
5-10 years: 3 persons). Eighty-two persons (68 percent)
received prison sentences of less than two years. Of those,
77 were suspended (i.e., 64 percent of the total number of
prison sentences handed down were suspended).
Sentences for sex trafficking, including the number of
suspended sentences, were comparable to sentences for
forcible sexual assault during the reporting period. In
2006, 586 of the 600 persons convicted of forcible sexual
assault received prison sentences. Of those, 78 (13 percent)
received prison sentences longer than two years (2-3 years:
48 persons; 3-5 years: 25 persons; 5-10 years: 5 persons).
Of the 586 persons receiving prison sentences, 508 (87
percent) received sentences of less than two years. Of
those, 456 were suspended sentences (i.e., 78 percent of the
total number of prison sentences handed down were suspended).
BERLIN 00000256 008 OF 019
In rape cases, a lower number of prison sentences (37
percent) were suspended. However, as reported ref H, German
statistics on trafficking convictions do not include cases
where traffickers were convicted on multiple charges and one
of the charges, such as rape, carried a higher maximum
penalty. In cases where a suspected trafficker's acts are
equivalent to rape, prosecutors are likely to simultaneously
pursue rape and trafficking charges, or simply charge the
suspected trafficker with rape. As a result, convictions of
traffickers whose criminal acts are equivalent to rape would
be counted in the German statistics as rape convictions, vice
trafficking convictions.
C. Punishment for Labor Trafficking Offenses: Under the 2005
law, penalties for labor trafficking (Section 233), including
slavery and forced labor, range from six months to ten years
imprisonment. Under Section 233(a) (promotion of
trafficking) a recruiter in a source country could be
sentenced to six months to ten years in prison. Section 233
covers employers or agents who exploit a victim's
"helplessness" to bring him/her into slavery, bondage, debt
peonage, or exploitative working conditions. Attempted labor
trafficking is also punishable under both sections.
Because Sections 233 and 233(a) became effective in 2005 and
because of the time-intensive nature of labor trafficking
investigations, German prosecution and sentencing statistics
for 2006 do not reflect the full scope of German efforts to
bring labor traffickers to justice. German authorities
prosecuted 18 persons under Section 233 in 2006. Of those,
11 persons were convicted, including four persons under the
juvenile justice system. Of the remaining seven, five
received prison sentences and two were required to pay a
fine. Four persons received prison sentences of two years or
less. All four of those sentences were suspended.
D. Rape/Sexual Assault Penalties. The penalty for rape under
Section 177 of the Penal Code is two to fifteen years
imprisonment. This sentence is commensurate with penalties
for other serious crimes. Forcible sexual assault is
punishable by one to ten years in jail. Sexual assault of
children is punishable by imprisonment from six months to
fifteen years.
E. Legal Situation of Prostitutes. Prostitution in Germany
is legal, but highly regulated and restricted in practice.
Communities have the authority to ban prostitution or to use
zoning ordinances to exclude its practice from specific
areas, usually city centers and residential neighborhoods.
Prostitutes who violate this ban can be fined and charged
under Section 184(d) of the Penal Code. The 2006 conviction
statistics list 145 convictions under this section. The
minimum age for prostitution is 18 years. However,
individuals who induce another person under the age of 21 to
take up or continue in prostitution or to commit sexual acts
on or in front of the perpetrator or a third party are
subject to criminal prosecution under Section 232
(Trafficking in Human Beings for the Purpose of Sexual
Exploitation).
The 2002 Law to Regulate the Legal Status of Prostitution was
part of a wider effort to improve the social and legal
situation of prostitutes. Prostitutes may now contribute to
social security and unemployment, health care, and retirement
insurance. Furthermore, prostitutes may participate in
Laender-offered retraining and assistance programs. The
German government completed an evaluation of the effects of
the law that was published in 2007. The evaluation concluded
the legislation established a legal framework to improve the
legal and social situation of prostitutes, but in practice
little use was made of these new tools. The report also
recommended additional measures to improve the situation of
prostitutes; greater emphasis on programs to help prostitutes
get out of prostitution; additional programs to educate
clients; and improvements in protection programs for
trafficking victims. In a public statement in 2007, Family
Minister von der Leyen said the German Government does not
consider prostitution a suitable form of employment and noted
the Ministry's primary goal is to help individuals get out of
prostitution.
BERLIN 00000256 009 OF 019
In addition to Labor Ministry programs (see OVERVIEW C), many
Laender governments finance NGO-operated work transition
programs for women who want to get out of prostitution. For
example the German state of North Rhine - Westphalia and the
European Union,s Social Fund jointly financed a program
operated by the NGO "Madonna," to train prostitutes to become
nurses in homes for senior citizens (ref C). In response to
the Family Ministry's Report on the 2002 Law to Regulate the
Legal Status of Prostitution, the Social Committee of the
Hamburg State Parliament agreed by consensus to explore
measures to improve the legal situation of prostitutes.
Brothel Keepers. Brothel keepers or landlords are criminally
liable under Section 180(a) of the German Penal Code if they
hold prostitutes in personal or financial dependency, or if
they employ a person under 18 as a prostitute. In 2006, four
adults were convicted under this section of the penal code.
In 2007, the Family Minister announced the German government
plans to review ways to increase penalties for landlords who
exploit prostitutes by charging exploitatively high rent to
make them on par with penalties for pimps.
Clients. Section 182(II) of the penal code criminalizes
clients who solicit sexual services from a person under the
age of 16. Because the age of legal consent is 16, clients
of voluntary prostitutes who are sixteen or seventeen years
old currently do not commit a crime. In late 2006, the
government submitted legislation to parliament to raise the
"protection age." The new bill will criminalize clients who
patronize prostitutes younger than 18. The bill also
criminalizes an attempt to do so and holds liable any
perpetrator over the age of 13. Currently, only perpetrators
over 18 may be prosecuted. The bill is designed to improve
the protection of juveniles from sexual exploitation and
implement the 2003 EU Framework Decision to combat the sexual
exploitation of children and child pornography.
The November 2005 agreement of the governing coalition
stipulated that the government should review ways to punish
clients of forced prostitutes. The Family Minister
reiterated this plan in 2007 and announced government support
for a draft law to criminalize clients who knowingly
patronize trafficking victims or forced prostitutes. The
expressed intent of the law is to reduce demand and serve as
a signal for clients
Pimps/Enforcers. Pimping, defined as exploiting a
prostitute, controlling/arranging the services of a
prostitute for monetary gain, or impairing a prostitute's
financial or personal independence, is a crime under Section
181(a) of the penal code (74 convictions in 2006). The
maximum sentence is five years. As noted above, individuals
who induce another person under the age of 21 to engage in
prostitution are criminally liable under Section 232
(Trafficking in Human Beings for the Purpose of Sexual
Exploitation).
F. Number of Trafficking Investigations/Convictions. German
law enforcement officials conducted a number of high profile
TIP raids and prosecutions that led to the break-up o
trafficking rings. For instance, in December 207, the BKA
arrested 20 persons suspected of trafficking Nigerians to
work as forced prostitutes in Germany. The investigation,
launched in April 2007, included the BKA, Frankfurt
prosecutors, as well as police from Hesse,
Baden-Wuerttemberg, and North Rhine - Westphalia.
Investigators seized assets totaling 40,000 euros (approx.
60,000 USD).
In April 2007, the Hamburg District Court convicted ten
defendants of trafficking in persons and forcible sexual
assault. Nine culprits received suspended sentences ranging
from 14 to 28 months, one was sentenced to two-and-a-half
years imprisonment. The ring leader, Carsten Marek, received
a suspended sentence of one year and ten months. The gang
maintained hotels with 190 prostitutes. Although the
prosecution charged that the women were exploited and put
under pressure, the court found that the group recruited
women but did not use force. The suspects were found guilty
of trafficking because eleven of the victims were below the
age of 21. As noted above, Section 232 of the Penal Code
criminalizes the inducement of persons under the age of 21 to
BERLIN 00000256 010 OF 019
take up or continue in prostitution. In addition,
authorities enforced significant outstanding tax claims
against the culprits.
The latest statistics available are for 2006. The 2006 BKA
report lists 353 completed pre-trial investigations for sex
trafficking crimes, compared with 317 in 2005. The BKA also
launched 78 pre-trial investigations for labor trafficking
crimes in 2006. A large number of investigations were
conducted into other crimes linked to these trafficking
investigations, including offenses against sexual
self-determination (131 investigations), offenses involving
violence (64), smuggling offenses (51), narcotics violations
(35), counterfeiting (21), and weapons-related violations
(20). According to the BKA report, the majority of cases
were attendant or logistic offenses connected to trafficking.
The BKA seized assets in 17 of the 353 pre-trial
investigations in 2006, collecting 2.2 million Euros, almost
double the amount seized in 2005.
In TIP investigations, German police employ a full range of
investigative techniques, including wiretaps, electronic
surveillance, undercover operations, and offers of mitigated
punishment for suspects who cooperate with police
investigations. The German federal parliament is considering
a bill to amend and harmonize the telephone surveillance law
in accordance with EU law and to adapt provisions to Federal
High Court decisions. Current legislation allows police to
tap telephones in serious human trafficking cases. The draft
legislation allows for telephone surveillance with regard to
all trafficking crimes, including labor exploitation, as well
as aiding and abetting.
The Federal Statistics Office publishes conviction and
sentencing statistics for all crimes each year. The
statistics are available on the Internet at
http://www.destatis.de. This detailed and comprehensive (ca.
470-page) compendium lists convictions, sentences, time
served, nationality of the offenders, first-time offenders,
and juvenile offenders, along with other data. In 2006,
German authorities prosecuted 195 individuals on trafficking
charges. A total of 140 adults and ten juveniles were
convicted on charges of trafficking. For statistics
disaggregated into categories of sex and labor trafficking,
see INVESTIGATION B and C.
Government statistics on trafficking convictions generally
under-represent the total number of accused traffickers
sentenced and under-report the severity of sentences handed
down (ref H). For instance, the statistics do not include
cases where traffickers were convicted on multiple charges
and one of the charges, such as rape or murder, carried a
higher maximum penalty. Moreover, in convictions categorized
under trafficking, statistics report only the sentence handed
down for the trafficking violation and not the aggregate
sentence for all convictions.
An independent study completed by the Max-Planck
Criminological Institute concluded German prosecutors seek
maximum sentences for suspected traffickers by whatever means
they can, e.g., by dropping charges of trafficking in favor
of charges of human smuggling, tax evasion, or other crimes
in order to improve the chances of successful prosecution.
Labor Trafficking. Section 233 of the Penal Code
(Trafficking in Human Beings for the Purpose of the
Exploitation of Workers) criminalizes the actions of
individuals who "exploit another person through a coercive
situation, or the helplessness that is associated with their
stay in a foreign country, to induce them into slavery,
serfdom, or debt bondage, or to take up or continue work with
him or a third party under working conditions that are
strikingly disproportionate to the working conditions of
other workers who perform the same or a comparable activity."
An attempt is punishable. According to Interior Ministry
officials, the full range of related laws has been used to
prosecute labor trafficking cases. As reported above, German
authorities prosecuted 18 persons under Section 233 in 2006.
Of those, 11 persons were convicted, including four persons
under the juvenile justice system.
BERLIN 00000256 011 OF 019
Time Served. In Germany, prison sentences up to two years
for first time convicts -- regardless of the crime committed
-- are generally suspended, and convicted persons are
released on probation. The trial judge decides whether to
suspend a sentence or sentence probation based on detailed
rules of the Code of Criminal Procedure and case law. By
law, prison sentences over two years have to be served,
however release on probation is possible once two-thirds of
the sentence (and in some cases, half of the sentence) has
been served.
G. Training. Counter-TIP training is offered to police both
within and outside Germany. The BKA offers seminars to train
federal and LKA officers and border police in the
inter-disciplinary handling of TIP cases, as well as seminars
on investigating cases of sexual abuse of children.
Counseling centers and representatives from several different
ministries participate in these training programs. Laender
police conducted training to explain the effects of the new
counter-TIP legislation on law enforcement activities.
In October 2007, the Family Ministry published guidelines
developed by the Federal-State Interagency Working Group on
Trafficking that offer standardized modules for TIP-related
training for police, counseling centers, prosecutors and
judges and other authorities. The modules include training
on victim identification techniques and best practices. The
guidelines are intended to raise awareness and to contribute
to the specialization of police and personnel in the justice
system and the staff of foreigner services and social
services offices in order to help them to recognize
trafficking victims and to equip them to respond to victims'
special needs.
In October 2007, the BKA held an "interdisciplinary workshop"
involving state and federal law enforcement, state and
municipal government officials, and NGOs and counseling
centers to share best practices in combating trafficking in
children.
The BKA has also developed a manual on best practices for
police to use in combating trafficking crimes under the new
trafficking-related amendments to the Penal Code. The manual
is available on a restricted access intranet site for police
officers.
The National Training Academy for Judges and Prosecutors
managed by the Federal Ministry of Justice offers trainings
to prosecutors and judges that also cover issues of sexual
exploitation of women and children in connection with
cross-border crime. The Academy offered specific courses on
how to handle international trafficking cases and organized
crime in 2007. In 2008, the Academy will also offer training
on domestic violence and child abuse, as well as dealing with
victims of sexual violence. The courses are geared toward
sensitizing judges and prosecutors. The training program
conforms to the new Action Plan requirements mandating
sensitivity training for prosecutors and judges who deal with
cases of sexual violence. The Action Plan requires the
Federal Justice Ministry to continue to offer training for
judges in the future.
H. International Law Enforcement Cooperation. German law
enforcement authorities routinely cooperate with counterparts
abroad. Germany has bilateral police cooperation agreements
with several neighboring countries (see PREVENTION E).
Germany, France, Spain, Belgium, the Czech Republic and
Luxembourg are parties to the Pruem Agreement, which allows
the countries to request and receive criminal records from
each through an automated electronic transmittal system,
including convictions of traffickers. Prior to that time,
information exchange on criminal records had to be conducted
through lengthy formal legal assistance procedures. Germany
used its EU Presidency to launch negotiations to transform
this instrument into an EU-wide agreement. Germany provides
legal assistance to other countries requesting assistance and
participates in a number of regional initiatives (see
PREVENTION E).
German police cooperated closely on anti-trafficking
investigations with police in other countries -- EU member
BERLIN 00000256 012 OF 019
states and non-member states in Europe, Asia, Africa, and the
Western Hemisphere -- during the reporting period. In
addition, the BKA conducted special training programs for
administrative personnel working for the police in countries
of origin of victims and perpetrators (e.g., Russia,
Lithuania, Latvia, Belarus and Romania); staff members from
specialized counseling agencies regularly participate in the
programs.
Germany used its January-June 2007 EU presidency and its role
in the EU's 2007-2008 Trio Presidency to strengthen the
European border management agency FRONTEX.
I. Extradition. Statistics on the numbers of traffickers
extradited are not available. Law enforcement sources report
the number of extradition requests is low because foreign
traffickers arrested in Germany are generally prosecuted in
Germany. Germany can extradite non-German citizens or
request the extradition of German and non-German citizens in
accordance with extradition treaties or the Federal
International Legal Assistance Code. Under the new EU arrest
warrant bill, adopted by the Cabinet and before Parliament
for approval, German nationals can be extradited to other EU
member states for the duration of their trials for those
accused of extraditable crimes, including TIP and sexual
exploitation.
J/K. There was no evidence that came to the attention of the
Embassy of government involvement in or tolerance of
trafficking.
L. International Peacekeeping. Germany's anti-trafficking
laws have extraterritorial effect under Section 6 of the
Penal Code, i.e., it is a crime under German law to engage
in/facilitate severe forms of trafficking or to exploit
victims of such trafficking. There was no evidence that
German nationals who were deployed abroad as part of
peacekeeping or police training missions engaged in or
facilitated severe forms of trafficking or exploited victims
of trafficking. In the event such evidence came to light,
German law requires authorities to investigate and, as
warranted, prosecute suspected perpetrators.
M. Jurisdiction. Germany's sexual abuse laws have
extraterritorial effect. Countries of origin include the
Czech Republic, Thailand, Vietnam and other South East Asian
countries, as well as Brazil and Morocco. According to a
governmental report on child sex tourism published in 2005,
the BKA from 2000 to 2003 investigated an average of 21
Germans annually for child sexual abuse in South East Asia,
Brazil, and other countries.
Since 2006, the BKA has stepped up cooperation with law
enforcement officials in South East Asia to investigate
German sex tourists and pedophiles operating outside of
Germany. The goal is to facilitate prosecution of
perpetrators in the countries where the crimes are committed,
as well as in Germany. In March 2007, in cooperation with
the BKA and German prosecutors, Thai police arrested a German
national on charges of sexually abusing a minor. In 2007,
German cooperation facilitated the successful prosecution of
two Germans convicted in a Cambodian court on charges of
sexual abuse of minors. The two Germans were sentenced,
respectively, to 28 years in prison and 12 years in prison.
In another case, a German citizen arrested in Cambodia in
February 2007 on charges of sexual abuse of children was
extradited to Kiel, Germany to stand trial. In May 2007, two
German nationals were arrested in Thailand for suspected
sexual abuse of children. Both suspects had been under
surveillance by German and Thai police.
------------------------------------
PROTECTION AND ASSISTANCE TO VICTIMS
------------------------------------
A. Residence Status. In August 2007, Germany adopted
amendments to the immigration law to implement EU Council
Directive 2004/81/EC on the issuance of residence permits to
TIP victims who are third-country nationals. The law
formally codified the practice of granting TIP victims who
reside in Germany illegally a minimum of a thirty-day grace
period before deportation. Victims who agree to testify
BERLIN 00000256 013 OF 019
against the trafficker are entitled to remain in Germany for
the duration of the trial. Thereafter, victims must be
repatriated. However, if they face threats to life, personal
injury, or freedom, a permanent residence permit may be
granted.
B. Services and Health Care. German NGOs operate counseling
centers in approximately 45 German cities, providing
assistance and facilitating victim protection. Cooperating
closely with police authorities -- and in ten of sixteen
Laender through formal cooperation agreements -- the centers
help victims deal with the German authorities, escort them to
trials, and provide them with shelter, legal counsel,
interpreters, job training, and related rehabilitation
services. Victim witnesses are entitled to financial support
for basic living expenses and basic health care under the
Benefit Rules for Asylum Seekers. These benefits are about
20 percent lower than benefits afforded to the unemployed
under the Federal Social Welfare Law. Victims who have been
battered are entitled to long-term therapy, as well as
pension and disability payments under the Victims'
Compensation Act, even if they are illegal aliens.
The government-funded KOK publishes a brochure that
comprehensively explains the full range of benefits and
compensation claims to which TIP victims are legally
entitled. The publication is designed to inform victims,
counseling centers, and government agencies to ensure they
make use of all possibilities at their disposal. In 2007,
the Family Ministry and the KOK published a reference
document for use by counseling centers that explains benefits
available to trafficking victims, including psychological
treatment, under the Victims Compensation Act (see OVERVIEW
A). The brochure outlines the procedures for filing claims
and makes recommendations to Laender and local authorities on
how to improve provision of benefits under the Act.
A well-established referral process exists in all Laender.
In cases where a cooperation agreement exists, the process is
formalized. Authorities must inform victims of their rights
and with their consent contact a counseling center. As noted
above, victims are granted a minimum thirty-day grace period
to decide whether to testify against their traffickers and,
if they decide to testify, a temporary residence permit.
Victims who decline to testify are generally deported, but in
certain cases may apply for asylum.
Nongovernmental organizations providing services to
trafficking victims receive their funding primarily from
state and local governments.
C. Government Funding for Victim Services. Federal, state
or other public entities, as well as private donors, provide
funding for the 38 domestic NGOs that operate counseling
centers for trafficked persons. Counseling centers largely
depend on state resources. The Federal Family Ministry
financially supports a national network of women's shelters
(the Women,s Shelters Coordination Association), the
Association of Women,s Counseling Agencies and Women's
Hotlines, as well as the KOK. The national networking
offices serve as central partners for government institutions
on various levels and provide input and expertise to
policymakers, administrators, and practitioners and
administrators. The national networks also act as a conduit
to channel information and assistance to NGOs and counseling
centers. In addition, the GTZ is developing several projects
with foreign NGOs (see PREVENTION B).
In December 2007, the Federal-State Working Group published a
model cooperation concept for counseling services and the
police concerning the protection of victims of trafficking
for the purposes of sexual exploitation. The cooperation
concept is a compendium of standard operating procedures used
by all sixteen Laender and is intended to serve as the basis
of Laender-specific cooperation concepts. The aim of the
document is to ensure provision of adequate protection and
services to TIP victims. The cooperation concept includes a
requirement that only specialized, sensitized police officers
handle trafficking cases and recommends the permanent
financing of victim services, including psychological
counseling. The document was distributed as a best practices
guide to other EU member states and accession candidate
BERLIN 00000256 014 OF 019
countries. A copy of the document has been sent via e-mail
to G/TIP and EUR/PGI.
The Action Plan also identifies the need for a broad range of
support systems for victims of violence, including women,s
shelters, safe houses, hotlines, women,s counseling services
and intervention.
D/E. Victim Identification. German Laender employ
victim-centered, multidisciplinary approaches -- involving
police, prosecutors, immigration authorities, labor
inspectors, municipal government officials, public health and
safety authorities, NGOs, and victim services providers -- to
identify and protect trafficking victims. Some Laender have
established new counseling services (e.g., "intervention
agencies" in Mecklenburg-Pomerania and Lower Saxony and
mobile counseling services in Berlin) that actively reach out
to at-risk women supplement the activities of more
traditional counseling centers.
Building on the success of victim and client hotlines set up
in conjunction with the World Cup, the Family Ministry is
working to establish a national hotline that would provide
initial counseling and referral for all types of violence
against women. Hotline personnel would, as needed, make
referrals to local organizations and counseling centers. The
hotline would be integrated into existing networks of support
facilities for victims of violence. The hotline would also
be accessible to doctors or others who believe they may have
come into contact with a victim of violence. Hotline
personnel would receive special trafficking-related training,
as well.
Guidelines developed in October 2007 by the Family Ministry
for TIP-related training for police, counseling centers,
prosecutors and judges and other authorities include
standardized modules on victim identification techniques (see
INVESTIGATION G).
Of the 353 sex trafficking investigations concluded in 2006,
142 (40 percent) were the result of complaints filed by
victims. Fifty-eight (16 percent) involved complaints filed
by third parties. One hundred fifty-three investigations (43
percent) were the result of police checks. According to the
BKA report, police initiatives (e.g., random checks carried
out in red-light districts) play an important role in the
identification of trafficking victims and "contribute to
gaining a better insight into the area of undetected crimes."
F. Victims' Rights. Victims' rights are respected. Victims
are granted a grace period to stay in Germany. Victims are
not generally detained or fined, but placed with counseling
centers. The new counter-TIP legislation from February 2005
gives prosecutors more authority to decline prosecuting
victims who have committed minor crimes.
G. Victim Participation in Court Proceedings and
Compensation. The government encourages trafficked victims
to cooperate in the investigation and prosecution of TIP
cases. Victim witnesses are entitled to join as "joint
plaintiffs" in criminal proceedings against traffickers and
to have a lawyer free of charge. As joint plaintiffs, they
can actively participate in the proceedings, and are entitled
to pursue civil remedies, including claims for compensation,
in addition to the criminal proceedings.
The Victims' Rights Reform Law, enacted in 2004, expands the
rights of crime victims in criminal proceedings. The intent
of the law is to reduce the psychological burden on crime
victims, to increase their procedural rights, and to make it
easier for victims to file claims for compensation against
traffickers. Joint plaintiff victims are now also entitled
to an interpreter. The law allows a third party, e.g., a
representative from a counseling center, to be present when
police question the victim. Police and prosecutors are now
required to inform victims of their rights regarding witness
protection, participation in the trial, and access to an
attorney free of charge.
In December 2006, another bill became law that improves the
protection of victims of juvenile offenders. The new law
BERLIN 00000256 015 OF 019
allows victims to join as co-plaintiffs, and to make claims
for compensation in the trial, which was previously not
allowed if the offender was a juvenile.
H. Witness Protection. Several options exist in Germany
regarding witness protection programs. Victims may be placed
under police protection and the care of NGOs. Furthermore,
prosecutors have the right to order protective measures as
deemed necessary (such as bodyguards, testimony under
disguise, etc.) for the duration of the trial. In some
cases, police witness protection programs may relocate the
victim to an undisclosed location with a new identity.
I. Training. In October 2007, the Family Ministry published
guidelines developed by the Federal-State Interagency Working
Group on Trafficking that offer standardized modules for
TIP-related training for police, counseling centers,
prosecutors and judges and other authorities (see
INVESTIGATION G). The guidelines are intended to raise
awareness and to contribute to the specialization of police
and personnel in the justice system and the staff of
foreigner services and social services offices in order to
help them to recognize trafficking victims and to equip them
to respond to victims' special needs.
J. Repatriation. The Federal and Laender governments share
equally in covering the basic costs for repatriation, e.g.,
travel costs and pocket money, under IOM's Reintegration and
Emigration Program for Asylum-Seekers (REAG program) in
Germany. Between July 1999 and December 2007, 916 TIP
victims were repatriated under the program.
In 2004, the EU Social Fund, working through the Federal
Ministry of Economics and Labor, granted IOM Germany funds
(so-called EQUAL funds) to launch a program, which ran
through 2007, for reintegration programs for TIP victims.
Since October 2005, IOM Germany and eight NGOs have
implemented EQUAL projects ranging from professional training
for TIP victims, to creating a database on reintegration
issues for counseling centers, as well as conducting research
projects.
K. NGOs. International organizations and NGOs that work
with victims include IOM, faith-based organizations (SOLWODI,
Misereor, Caritas), ECPAT, and Terre-des-hommes. Cooperation
among numerous local NGOs and local authorities is close and
in most Laender is formalized.
----------
PREVENTION
----------
A. Germany's government acknowledges TIP as a problem that
must be vigorously combated. During meetings with the
Ambassador and other Mission representatives, high-ranking
German officials stressed the importance of fighting TIP and
described Germany's engagement. In numerous discussions with
our consuls general, Laender ministers have also reaffirmed
their commitment to fight TIP and child sex tourism. German
officials at all levels have underscored their resolve and
their efforts to fight TIP to officers from several USG
agencies and at every level of the Mission.
B. Public Information and Education Campaigns. German
public awareness of trafficking has increased significantly.
In 2007, the government continued to support and fund NGOs
campaigns in Germany and abroad. The awareness campaigns
target potential trafficking victims and potential clients of
trafficking victims.
The Federal Family Ministry fully funds KOK, the lead body
representing 38 NGOs and counseling centers assisting
victims. The KOK as a member of the Federal-State
Interagency Working Group coordinates projects, conferences,
studies, research, and outreach campaigns.
German embassies and consulates conduct outreach programs,
including distribution of brochures in 13 languages that warn
about trafficking.
The German Government continued to support NGO public
awareness campaigns launched in conjunction with the 2006
BERLIN 00000256 016 OF 019
Soccer World Cup Championship. A significant number of the
21 World Cup-related TIP awareness campaigns continued to
receive financial assistance from federal, state, or local
governments.
For instance, building on the success of their combined
efforts in 2006, two government-funded NGOs in North Rhine -
Westphalia -- Madonna and Kober -- undertook a joint
initiative to extend counseling services to women who wanted
to get out of the prostitution industry, including
trafficking victims. While Madonna and Kober have
traditionally offered intensive counseling in-person and via
telephone, the launching of the new cooperation agreement
allowed them to pool resources to offer their services in an
online format in seven different languages and to branch out
across the state.
The Family Ministry and the Ministry of Justice announced
plans to publish a brochure entitled "More Protection against
Violence" as part of their public information campaign in
conjunction with the Violence Protection Act. The campaign's
goal is to contribute to the protection of victims of
violence, including trafficking, by educating the public.
The Federal Association of Counseling Centers for Women is
conducting a national campaign "Standpoints 2007 ) For a
Violence-Free Life for Women." Federal Family Minister
Ursula von der Leyen serves as the campaign's patron. The
campaign calls on politicians, media representatives, and
other public figures throughout Germany to make statements
about domestic sexual abuse, sex trafficking, and related
issues for publication on the internet.
Conferences. The government-funded Friedrich-Ebert
Foundation in cooperation with the Federal Ministry of Labor
held a workshop on effective strategies against labor
trafficking in April 2007 in Berlin. Approximately 200
participants attended, including representatives of the
federal and state governments, the International Labor
Organization (ILO), political parties, unions, and both
national and international NGOs involved in combating human
trafficking. The aim of the conference was to present and
discuss different aspects of social inclusion of trafficked
persons and their relevance in combating human trafficking.
In June 2007, members of the federal parliament together with
a number of NGOs held a conference on trafficking in Berlin.
Speakers included the vice president of the Bundestag and
several parliamentarians, as well as Hiltrud Breyer, a German
member of the EU parliament and an adamant advocate of
counter-TIP initiatives at the EU level. Family Ministry
representatives applauded the U.S. T-visa program and called
on the Bundestag to adopt a similar instrument in Germany.
NGOs and the Family Ministry representative called for more
funding for TIP victims.
In October 2007, a special plenary session was held at the
Baden-Wuerttemberg state parliament. The main topic was
human trafficking and forced prostitution. Members of all
political parties, Baden-Wuerttemberg LKA President Erwin
Hetger, and representatives of the Social Ministry and the
Justice Ministry discussed with representatives of several
NGOs the organizations' recommendations to strengthen efforts
to fight TIP. The session was held in conjunction with an
exhibit on forced prostitution and human trafficking
sponsored by the Catholic NGO "Solidarity with Women in
Distress," (SOLWODI).
In November 2007, the government-funded KOK held its annual
member meeting with a focus on labor exploitation, including
an analysis of the legal situation and sharing of best
practices on counseling approaches.
The NGO Coalition against Human Trafficking (Aktionsbuendnis
gegen Menschenhandel), in conjunction with the Hans Seidel
Foundation, will host a one day conference on TIP in March
2008 in Wuerzburg.
International Campaigns. In December 2006, the GTZ started a
new initiative to promote women's rights that will focus,
inter alia, on combating trafficking in women and labor
exploitation
BERLIN 00000256 017 OF 019
of women, prevention of trafficking and counseling for women.
Combating trafficking in persons is also a focus of
developmental cooperation projects. In Albania, for example,
the Federal Ministry for Economic Cooperation and Development
supports a project to improve the legal and psychosocial
situation of women who are endangered by trafficking in human
beings. The project has the goal of improving the
implementation of the legal basis for combating trafficking
in human beings and increasing the availability of qualified
legal counseling for the victims; endangered groups are also
given an opportunity to obtain occupational and
employment-related training.
In addition, the GTZ continued to conduct programs through
2007 to implement the Optional Protocol to the Convention on
the Rights of the Child (CRC) on the Sale of Children, Child
Prostitution, and Child Pornography and to counter child sex
tourism.
C. Government Relationships with NGOs. German federal and
Laender governments and agencies work actively with civil
society and NGOs, both secular and faith-based, to combat
TIP. Nongovernmental organizations, most of which are funded
by federal and state governments, participate in the
Federal-State Interagency Working Group, as well as in
similar Laender working groups, and several Laender-level
cooperation agreements have been concluded with NGOs. The
government-funded GTZ cooperates closely with numerous NGOs
abroad to implement projects. The BKA shares information
with ECPAT about criminal proceedings in Germany against
child sex tourists to enable ECPAT to facilitate the
participation of child victims abroad as joint-plaintiffs.
ECPAT keeps the BKA informed regarding cases abroad to
expedite investigations.
D. Monitoring Immigration and Emigration Patterns. The new
inter-agency analysis and strategy center on illegal
migration (GASIM), established in May 2006, monitors and
analyzes illegal migration movements and patterns of
organized crime, including trafficking. Law enforcement
officials use roving patrols to screen for potential TIP
victims attempting to enter from bordering countries that are
party to the Schengen Agreement. Under the Schengen
Agreement, Germany and other EU countries party to the
agreement have reciprocally agreed to abolish border
inspections. Poland and the Czech Republic became party to
the Schengen agreement in December 2007. Germany still
retains formal border checkpoints along its border with
Switzerland. The Federal Police (Bundespolizei), as the
successor agency since July 2005 to the Federal Border
Police, cooperates closely with counterparts in neighboring
countries. In 2004, German and Polish authorities
established a joint border police task forces in
Frankfurt/Oder to conduct joint investigations at the border.
Cooperation between the Federal Police and Czech counterpart
agencies includes joint patrols of rail lines and roads
inside a 30 kilometer corridor on either side of the open
border. The Federal Police reported that some of the
resources formerly used to conduct immigration checks and
border patrols are being reallocated to increase monitoring
of former "green border" areas, which have been and likely
will continue to be the main corridors for trafficking across
the border. The government closely monitors entry into
Germany and patterns of migration into Germany.
E. Interagency Work Groups/Task Forces. In addition to the
Federal-State Interagency Working Group on Trafficking in
Women, similar interagency working groups and/or task forces
exist in several Laender. The BKA Division for Combating
Trafficking is another important player promoting cooperation
at both the national and international level (see OVERVIEW
C). The LKAs have counter-TIP or organized crime units, as
well as public anti-corruption units or task forces. At the
federal level, an anti-corruption directive applies to all
federal government employees. The BKA has an internal
affairs unit to combat corruption.
International Cooperation. Germany is active in numerous
international fora on TIP (e.g., Baltic Sea Task Force on
Organized Crime; Southeast European Cooperative Initiative
Task Force; G8; Interpol; Europol). Germany has taken a
BERLIN 00000256 018 OF 019
leading role in the EU and UN on counter-trafficking. As a
member of the Council of Europe (COE), Germany is the
vice-chair in the working group that drafted the Convention
on Action against Trafficking in Human Beings. Germany
contributes to the OSCE Office for Democratic Institutions
and Human Rights (ODIHR) and its counter-trafficking project
fund.
The BKA has stationed liaison officers in German embassies in
Eastern European countries and Asia; they focus on legal
cooperation and legal assistance, including TIP and child sex
tourism cases. The BKA also trains law enforcement
authorities in source countries. In 2007, the BKA played an
instrumental role in capturing a fugitive Canadian pedophile
who had committed multiple crimes over the course of several
years. The BKA was able to de-code digitally-altered photos
of the criminal which he had posted in the Internet.
Interpol published the BKA photos, which led to the suspect's
identification and arrest.
Turkey selected Berlin and a group of Austrian cities to
conduct an 18-month twinning project to raise the standards
of combating TIP in Turkey to the level of EU member states.
A team of Berlin law enforcement experts supported project
implementation in 2007.
F. National Action Plan. The Federal Family Ministry
remains in close contact with other agencies and NGOs,
especially through the Federal-State Interagency Working
Group. The Ministry's action plans on TIP (see OVERVIEW B)
and child sexual exploitation are posted on the Ministry's
website (www.bmfsfj.de).
G. Demand Reduction. Many Laender continue to fund client
awareness campaigns and NGO-operated hotlines set up in
conjunction with the 2006 World Cup. For instance, the
Frankfurt-based NGO "Women's Rights are Human Rights" (FIM)
reported that its government-funded hotline for victims and
clients has been a major source of information on TIP cases.
The client awareness campaign "Men Set the Tone," which was
launched nationwide during the 2006 World Cup 2006, was
continued by the Women's Information Center, an NGO in
Baden-Wuerttemberg, in 2007. The Family Ministry is working
to establish a national hotline to provide initial counseling
and referral for all types of violence against women. The
hotline will also be available to persons who believe they
may have come into contact with a victim of violence (see
PROTECTION D/E).
H. Child Sex Tourism. The German government continued to
co-fund the Association to Protect Children from Sexual
Exploitation (ECPAT) in Germany to undertake programs to
raise awareness regarding child sex tourism, including
distributing a flyer against child sex tourism to tour
operators, and briefings for employees in the tourism sector
in 2007. Both the German association of travel agencies and
tour organizers and the federal association for the tourism
sector have signed the Code of Conduct for the Protection of
Children from child sex tourism developed by ECPAT.
The Federal Family Ministry funds several campaigns organized
by the NGO Terre-des-hommes to stop child sex tourism, inter
alia the campaign "Please Disturb" an Internet platform that
contains information about child sex tourism and calls for
tourists to notify authorities to help stop the practice.
The Ministry is provided 200,000 euros for this campaign from
2005 through 2007. The Federal Family Ministry co-funds an
advertisement for this campaign that LTU, one of Germany's
largest charter airlines, started to show in 2006. LTU
specializes in holiday travel, and flies to vacation spots
throughout the Mediterranean, as well as to locations such as
Sri Lanka, Thailand, and the Caribbean. The campaign is
geared to potential clients and at encouraging tourists to
report suspicious activities.
Since May 1, 2004, under a German-Czech bilateral agreement,
joint task forces have been staffed with both countries'
border police. For several years, a German-Czech
counter-trafficking working group has operated to enhance
police cooperation and information sharing. Child sex crimes
committed by Germans abroad are prosecuted in Germany under
an extraterritoriality provision in the Penal Code. The
BERLIN 00000256 019 OF 019
German police maintain close contact with NGOs that are
actively involved in combating child sex tourism. A June
2006 government report on the situation of combating child
sex tourism at the German-Czech border highlights Germany's
efforts to stop trafficking and child sex tourism.
Throughout 2007, the GTZ also supported ECPAT Guatemala in
implementing training courses for approximately 600 law
enforcement and migration officers in Guatemala to sensitize
them with regard to sexual exploitation of children in
tourism.
I. Peacekeepers. The new Action Plan to Combat Violence
against Women requires prevention measures and efforts to
raise awareness within the German armed forces and among
German police officers deployed abroad. German Government
training for military personnel and police officers in
advance of deployments abroad, including UN and other
peacekeeping and police training missions, already includes
sessions focused on sexual exploitation and abuse and other
human rights issues. Unit commanders receive special
training on trafficking, including how to sensitize their
subordinates monitor and enforce compliance with relevant
rules and regulations. According to the Action Plan, "the
training in preparation for deployment on missions to prevent
conflicts and to overcome crisis is an essential element in
the training of all soldiers."
In April, under Germany's EU presidency, Germany and Hungary
conducted the first EU internal gender sensitivity training,
including trafficking, for personnel participating in
European Security and Defense Policy (ESDP) missions.
Mission hours spent researching, compiling, and clearing this
report:
-- Drafter: FS-02: 60 hours; FSN-11: 100 hours.
-- Clearance: FE-OC: .5 hours; GS-15: .5 hours; FS-02: 1
hour; FS-02: 2 hours; FS-03: 5 hours; FS-03: .5 hours; FS-03:
1 hour; FS-03: 12 hours; FS-04: 4 hours; FSN-12: 1 hour;
FSN-10: 5 hours; FSN-10: 3 hours; FSN-10: 10 hours; FSN-10: 9
hours; FSN-10: 12 hours.
-- Approval: FE-OC: 2 hours.
KOENIG