The Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA) has urged the German authorities to take further action against human trafficking, notably by providing specialised assistance and compensation for victims and ensuring effective sanctions for human traffickers.
In its latest report, GRETA welcomes positive developments since the publication of its second evaluation report on Germany in 2019 as regards the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings. These include the designation of the German Institute of Human Rights as the National Reporting Mechanism on trafficking in human beings, and the expansion of the mandate of the Unit for Financial Control of Undeclared Work (FKS) to cover human trafficking. However, GRETA once again urges the German authorities to develop a comprehensive national action plan or strategy against human trafficking which addresses all forms of exploitation.
Today’s report shows that the number of identified victims of human trafficking and related offences (including commercial sexual exploitation of children) has increased from 589 in 2019 to 1,672 in 2022. While the majority of the victims (62%) continue to be subjected to sexual exploitation, the proportion of victims of labour exploitation (34%) has increased due to two large scale investigations, in the beverage logistics sector and the meat industry.
The report acknowledges an increased number of investigations, prosecutions and convictions for human trafficking and related offences but raises concern over the significant proportion of suspended or partially suspended sentences, as well as by excessively lengthy court proceedings. GRETA considers that the German authorities should ensure that human trafficking offences are proactively investigated, regardless of whether a report has been filed, making use of all evidence gathered through special investigation techniques and financial investigations, and not having to rely on the victims’ testimony.
Noting the low number of compensation awards to victims of trafficking, GRETA urges the German authorities to enable all victims of trafficking, irrespective of their residence status, to effectively exercise their right to compensation, as a priority through criminal proceedings or in civil and labour law proceedings.
GRETA also calls on the German authorities to take further steps to ensure that victims of trafficking are not punished for unlawful activities that they were compelled to commit.
Further, GRETA urges the German authorities to ensure that the direct confrontation of victims and defendants in human trafficking cases is avoided, making use of audio-visual equipment and other appropriate methods.
The report stresses the need for more efforts to prevent and combat human trafficking for the purpose of labour exploitation by providing sufficient staff and resources to the FKS, and by strengthening the monitoring of recruitment and temporary work agencies.
Moreover, GRETA urges the authorities to ensure that, in practice, the identification of victims of trafficking is not linked to the prospects of the investigation and prosecution. Increased attention should be paid to detecting victims of trafficking amongst asylum seekers, including by providing systematic training and instructions to staff of the reception centres. GRETA also calls on the authorities to increase their outreach work to identify and assist child victims of trafficking, including among unaccompanied migrant children.
Whilst welcoming the increased state funding for assistance programmes for trafficking victims in some Länder, GRETA urges the German authorities to provide adequate assistance, including safe accommodation, adapted to the victims’ specific needs.
