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Slovakia

  • 1. GENERAL INFORMATION

    The fight against trafficking in human beings was given a new political boost in the Slovak Republic in 2005, when the Minister of the Interior established an inter-ministerial expert group. The group was tasked with drawing up the first National Action Plan for Combating Trafficking in Human Beings, which was ultimately adopted in 2006.

    The Slovak Republic has gradually adopted all relevant documents concerning trafficking in human beings into its national legislation and in 2008 the second national programme was adopted.

    The Slovak Republic is a country of origin, transit and destination for human trafficking.  Roma women and girls are trafficked internally for sexual exploitation. Roma children are also trafficked to Austria, Italy, and Germany for forced begging.

    The State Secretary of the Ministry of Interior of the Slovak Republic was appointed in the role of the National Coordinator for the Fight against Human Trafficking. The internal regulation of the Ministry of Interior of the Slovak Republic establishing the Expert Group for the Area of the Fight against Human Trafficking. This supra-departmental group is an advisory, initiative and coordinating body of the national coordinator. In terms of fulfilling the tasks of the National Program on the Fight against Human Trafficking, multidisciplinary work groups were created by the Internal Regulation of the Ministry of Interior of the Slovak Republic focusing on the fight against human trafficking in order to respond in a timely manner to specific and presently occurring needs and challenges. Working groups are aimed at preventing human trafficking and at providing complex care for victims of human trafficking.

    The procedure for identifying victims of human trafficking in the Slovak Republic and potential victims including in the Program of Support and Protection for Victims of Human Trafficking is defined in the National Reference Framework. This material contains the structure of cooperating entities through which the governmental authorities fulfill their obligations in terms of protection and enforcement of human rights for individuals who became victims of human trafficking, while coordinating their efforts as part of strategic partnership with civil society. National Reference Mechanism is a form of cooperation focused on managing individual cases and should cover all possible areas, including the identification, assistance, and protection, participation in legal proceedings and compensation and social inclusion victims of trafficking in the country of destination, transit country or in country of origin. Identification of the victims is generally determined on the basis of identifiers, which has each partner NGOs. Confirmation of identification that they are indeed victims of trafficking can take place only by certified operator (International Organisation for Migration Slovakia, Slovak Crisis Centre DOTYK and the Slovak Catholic Charity).

    The scope and quality of services provided to domestic and international victims of human trafficking are set by the Ministry of Interior of the Slovak Republic Decree No. 47/2008 on Ensuring the Program of Support and Protection for Victims of Human Trafficking governing the functioning of the Program of Support and Protection for Victims of Human Trafficking. Both categories of victims pursuant to the principles of equality and non-discrimination are provided services according to their individual needs on the same level, while care for international victims considers more measures in terms of language barriers, legalization of the stay of an alien and voluntary return to country of origin. Comprehensive care is a type of state aid granted to victims of human trafficking – citizens of the Slovak Republic as well as foreign nationals during the period of crisis care or a recovery period lasting 90 days. Following this period, complex care is provided during the full duration of a criminal case if the victim decides to cooperate with authorities involved in a criminal case. After the end of the criminal case, care is provided as needed during the period of reintegration lasting 90 days. In case that the victim decides not to cooperate with authorities involved in a criminal case, comprehensive care is provided to a victim who is a citizen of the Slovak Republic during the period of reintegration lasting 90 days and victim of human trafficking – foreign national during the period of preparing return to the country of origin. Victims of human trafficking have the possibility to return to the country of origin or another third country in the form of voluntary return. The possibility of voluntary return for victims corresponds with Article 16 paragraph 5 of the Council of Europe Convention on Action against Trafficking in Human Beings.

    The statistical informations available from the Information Center to Combat Human Trafficking and Crime Prevention Košice show that in 2011 were identified new forms of exploitation of THB - a forced marriage and exploitation of criminal activities. In 2011, the Information Center reported the highest number of trafficking victims, who were enrolled in the program support and protection. Compared with the year 2010, in which the vast majority of cases related to trafficking for the purpose of forced labor, including forced begging and the economic exploitation, in 2011 again the majority purpose was a sexual exploitation. Despite these ever changing trends, in the Slovak Republic is still ongoing media campaign aimed at identifying human trafficking for the purpose of forced labor. Also the manual was created, which is dedicated this purpose of exploitation. On the basis of this manual we will organize a lot of trainings this year for the labor inspectors and for officers of the Border and Aliens Police, for employees of the Ministry of Labour, Social Affairs and Family of the Slovak Republic and also for social workers.

    In the recent period, the problems of trafficking in human beings were encountered in the case of issued permits and applications for residence filed by citizens of the Dominican Republic at the Slovenian Embassy in Buenos Aires. With this category of persons, residence permits were often abused as the Dominican citizens did not perform the work for which they had been granted a work permit but were mainly engaged in artistic dancing, while some cases also involved forced prostitution or abuse of permit to enter other EU member states. With a view to reducing this phenomenon, Slovenia has introduced individual measures to decrease the possibility of abuse:

    • Decree on restrictions and prohibition of employment and work of aliens (which was in force until 31. 12. 2010),
    • Guidelines for administrative units and embassies, proposing consistent interviewing of foreigners (informational questionnaire), with a view to discovering a possible hidden agenda related to residence in Slovenia and therefore refusing to issue a residence permit.

    Beside preventive activities, concrete cases have been dealt with by law enforcement authorities in the last two years. In its actions, the police cooperate with the Embassy in Buenos Aires. It should be noted that the police, rather than being passive, monitor the network, carry out controls in the premises where those persons are employed, as well as monitor self-employment by employers and transfers of girls to other premises. Permanent supervision is carried out, together with other inspection services.

    The Ministry of the Interior of the Republic of Slovenia is actively involved in solving the problems of the citizens of the Dominican Republic both through the National Working Group on Combating Trafficking in Human Beings in cooperation with NGOs and through the Migration and Integration Directorate. All the above measures have already reduced the problems involving the citizens of the Dominican Republic.

    This text is also available in the official language of the country.

    Under the programme named „Prevention of and fight against crime“ European Commission adopted a proposal of project entitled „Strengthening of Joint Measures for the Prevention of Forced Labour of Roma Communities and the Development of Referral Mechanism“.

    The main ideological purpose of the project proposal is to strengthen and build existing national reference mechanism, provide the most vulnerable groups of population, especially marginalized Roma communities with targeted prevention against exploitation mainly for forced labour and other forms of exploitation.

    Individual project activities should be directed to create new tools of targeted prevention or their extended implementation on horizontal level by inclusion of new subjects and sharing experience on national and international levels as well. Wide-spectrum nature of project activities stems from the need to reduce vulnerability of potential victims coming from Roma communities by means of a film and other promotional materials distributed not only in the territory of the Slovak Republic but also in Great Britain which, based on the current experience of the Slovak Republic, has been assessed as the most frequent destination of victims of trafficking in human beings. As the second objective in the field of prevention, precautionary guide for employers in different job sectors will be created in order to increase employers' awareness of trafficking in human being. Targeted nature of precautionary measures above should be achieved by implementation of the research aimed at case analysis of victims coming from Roma communities of selected Slovak regions in the Great Britain. The project is planned for the period 24 months, starting from the 01 of January 2013.

    Attachments

  • 2. INSTITUTIONAL AND LEGAL FRAMEWORK

    Legislation

    All forms of trafficking in human beings have been prohibited since 2002 through the Criminal Code. In 2005 the legislation was amended, and the new paragraph 179 was made part of the Criminal Code. Paragraph 179 creates the criminal offence of trafficking in human beings and paragraphs 180 and 181 create the criminal offence of trafficking in children. Paragraph 179 forbids and punishes trafficking in human beings for the purposes of prostitution or other forms of sexual exploitation including pornography. The penalties range from four to 25 years’ imprisonment and are commensurate with those prescribed for other grave crimes, such as rape.

    Foreign victims of human trafficking are granted an initial 40-day reflection period to consider whether to assist law enforcement in criminal proceedings.

    Foreign victims who cooperate with law enforcement are permitted to remain in Slovakia and work for the duration of the investigation or trial.

    National Strategy/National Action Plan

    On 23 April 2008, the Slovak Government approved its second National Programme for Combating Human Trafficking 2008-2010. 

    The programme covers the following four areas:  

    1. Support framework (including co-ordination and cooperation of all stakeholders);
    2. Prevention (providing the public with information – in particular through training and a free national hotline for victims of trafficking in human beings);
    3. Support and protection of victims (identification of victims, reflection period, full care for victims, protection of victim – witness, reintegration and safe return);
    4. Criminal prosecution (investigation, international cooperation of law enforcement authorities, criminal procedure, compensation of victims, communication of law enforcement authorities and victims, anticorruption measures).

    Coordination of anti-trafficking actions at a national level

    The National Coordinator for Combating the Trafficking in Human Beings - currently the Second State Secretary of the Ministry of Interior - was appointed on 1 October 2005. The National Coordinator is mainly responsible for coordinating the activities in the National Action Plan.

    Expert Group for Combating Trafficking in Human Beings

    The Expert Group on Trafficking in Human Beings was established in 2006. It is primary an advisory body of the National Coordinator and responsible for the performance of tasks set under the National Action Plan. The group is composed of experts from the competent ministries in the field, as well as representatives of other central state authorities such as the General Prosecutor’s Office, non-governmental organisations and the International Organisation for Migration (IOM).

    National Rapporteur or equivalent mechanisms

    A National Rapporteur has not been established in the Slovak Republic.

    The Information Centre for Crime and Human Trafficking Prevention, established in 2009, fulfils similar tasks to a National Rapporteur. The Centre was established with the aim of collecting information on victims of trafficking, providing analysis and evaluation of activities, and sharing information at the national and international level.

    The most important challenges you face at national level

    National Program on the Fight against Human Trafficking for the years 2011 – 2014 is primarily focused on forced labor as a form of trafficking.

    Continue in process of approving a responses and countermeasures on a complex and systemic level that assumes participation of a wide spectrum of bodies in the governmental, private as well as non-governmental sectors and effective coordination.

    Continue in ensuring the concordance of domestic legislation and international standards in the area of fight against human trafficking in order to provide the best care for victims of human trafficking and to ensure successful criminal persecution of offenders.

    The aim is to reduce the risk of becoming a victim of human trafficking, mainly in the most vulnerable groups in the population by increasing information awareness of population about the existence of the problem with human trafficking, as well as by passing supporting social and economic measures.

    The aim is to increase the ability of professional representatives of state and non-state entities, municipalities and non-governmental organizations to identify victims of individual forms of human trafficking and report them in the system of help.

    The aim is to minimize social and economic risks for endangered groups of the population.

    The aim is to discourage potential human trafficking and to map the current situation in the area of human trafficking on the Labour market in connection with avoiding or breaking administrative measures.
  • 3. IMPLEMENTATION OF ANTI-TRAFFICKING POLICY

    Prevention

    The Slovak Republic has focused its preventive efforts on information campaigns to inform potential victims about human trafficking and raise public awareness. The government partially funded an IOM-run trafficking hotline that opened in June 2008. The hotline assisted victims of human trafficking and provided information to vulnerable persons. Three victims were identified by hotline staff members in 2008. Moreover, the government paid for posters, leaflets, and radio and television commercials to advertise the existence of the hotline.

    In the same year, the government provided trafficking awareness training for Slovak troops before they were deployed to international peacekeeping missions.

    Assistance and support provided to victims

    In 2009, the Ministry of Interior provided five non-governmental organisations and IOM with funding of 200,000 EUR to implement the Programme of Support and Protection of Victims of Trafficking in Human Beings. The organisations include: the Slovak Crisis Centre "Dotyk", the Civil Associations "Prima", the Slovak Catholic Charity and the Cultural Association of Roma in Slovakia.

    During 2008:

    • Seventeen victims received government-funded shelter and assistance;
    • An additional 20 victims were assisted by nongovernment-funded programs;
    • Police identified and referred 16 victims to NGOs for assistance;
    • The Ministry of Foreign Affairs funded the repatriation of three trafficking victims.

    The procedure of identification the victims of trafficking in human beings in the Slovak Republic, as well as their possible inclusion in the National program support and protect victims of trafficking is regulated in the National Reference. This material containing structures cooperating entities through which the authorities fulfill their obligations regarding the protection and promotion of human rights of persons who are victims of trafficking, while coordinating their efforts in a strategic partnership with civil society. Primary objective is to ensure respect for human rights of victims of trafficking and providing effective access to services for them. Secondary objective of the national mechanism is to facilitate the development of national policies and procedures relating to victims of trafficking, such as legislation in the field of legalizing their stay and re-establishment of their compensation, and providing protection. Identify potential victims of trafficking can any entity - from the public bodies, non-governmental organizations, as well as from abroad. Initiation of identifying victims of trafficking may lead to different services of Police, prosecutors, staff of the Migration Office, employees of the Office of Labour, Social Affairs and Family, health personnel, employees of the Ministry of Education, Science, Research and Sport SR, field social workers, consular staff Office of the SR abroad, NGOs and international organizations operating in Slovak Republic a or abroad, as well as victims of trafficking, respectively their families through the National Helpline for Victims of THB “0800 800818”.

    The return of trafficked persons is managed by the IOM, as part of their "Programme for the Return and Reintegration of Trafficked Persons".

    Residence Permit

    Identified foreign victims are granted an initial 40-day reflection period to consider whether to assist law enforcement. During this period the victims receive assistance and shelter.

    Foreign victims who decide to cooperate with law enforcement are permitted to remain in Slovakia and work for the duration of the investigation or trial. During 2008, 17 victims participated in trafficking investigations and prosecutions.

    Special protective measures for children

    According to the US State Department Trafficking in Persons (TIP) report 2010, in 2009 the government of the Slovak Republic took some important steps to increase its capacity to identify potential trafficking victims by expanding NGO training for border police, social workers, and other front-line responders and by funding training on an IOM manual to assist front line responders in identifying potential trafficking victims. The government provided $275,000 to six anti-trafficking NGOs administering training, prevention and assistance, $241,000 of which was for direct victim care, an increase from $220,000 the previous year. The government assisted 27 trafficking victims, a significant increase from 17 in 2008. NGOs reported assisting 32 additional trafficking victims with non-government funding in 2009. These victims declined to participate in the government’s program. Eight of the victims participating in the national program in 2009 were victims of forced labor in the agricultural sector.

    Investigation and prosecution

    Latest numbers of prosecutions and convictions

    A central database on victims is operated and maintained by the Department of Trafficking in Human Beings, Sexual Exploitation and Support of Victims in the Organized Crime Bureau of the police headquarters. However, statistics focusing solely on human trafficking does not exist. The Slovak police conducted one trafficking investigation in 2008 on labour trafficking. The government funded victim identification training for 160 police officers in 2008.

    According to the US TIP report 2010, police conducted nine trafficking investigations in 2009, compared with 18 in 2008. The judicial authorities prosecuted three trafficking suspects in 2009, the same number as in 2008. The judicial authorities convicted ten trafficking offenders during the reporting period, the same number that it convicted in 2008.In 2008, seven convicted offenders were given suspended sentences and thus served no time in jail

    Established multidisciplinary groups, special units/police groups etc.

    A special anti-trafficking police unit was established in 2004, and ten officers worked full time on trafficking investigations in 2007.

    Latest initiatives/activities related to anti-trafficking policy

    In 2008, the Ministry of Interior of the Slovak Republic in cooperation with the International Organization for Migration in Bratislava concluded an agreement on the establishment of the free National Helpline for Victims of Human Trafficking (phone number 0800 800 818). The National Helpline for Victims of Human Trafficking has received 3,372 calls since it started to work. Overall, by 31 October 2010, the National Helpline for Victims of Human Trafficking helped to identify 13 victims of human trafficking, including 9 victims that decided to enter the Program of Support and Protection for Victims of Human Trafficking.

    Every year since 2001 U.S. Government´s prepare the Trafficking in Persons (TIP) Report. Countries that have a "significant number" of victims are placed into one of the three tiers based upon these countries governments’ efforts to combat trafficking. In the TIP Report 2010 the Slovak Republic was in tier 2. By the TIP Report 2011 is the Slovak republic replaced to the tier 1.

    Based on the call for proposals titled “Action Grants” as part of the program “Prevention and Fight against Crime 2007-2013”, the Ministry of Interior of the Slovak Republic submitted a grant application titled “Prevention and Enhanced Harmonized System of Data Collection on Human Trafficking” to the European Commission in 2010. The aim of the project is to create a system of unified and harmonized data collection regarding human trafficking, its later analysis in the Slovak Republic and to create an opportunity for data sharing in the area of human trafficking on international level in a long-term sense.

    The Government of Slovakia enhanced its activities on preventing trafficking, focusing on developing new strategies to prevent trafficking in the Roma communities. In September 2010, the Government of Slovakia opened the Information Centre to Combat Trafficking in Human Beings, which is located in Eastern Slovakia, designed to improve information collection and strategic analysis on trafficking in persons.

    As a part of efforts aimed at identifying victims of trafficking - foreigners in the Slovak Republic was established a specific group, comprising a representatives from the Office for Combating Organized Crime, a representatives  from the Border and Aliens Police and a representative of the National Labour Inspectorate. Their activities are the control of businesses allowing illegal work in order to ensure control and monitoring of business areas, in which may be affected a human trafficking for the purpose of forced labor. Control will be at certain regular intervals at a quarterly frequency, and also at irregular intervals after a prior agreement between the individual components in the light of operational information of Office for Combating Organized Crime and the National Unit for Combating Illegal Migration Police Corps. This inspection will be conducted in the companies of selected primary by labor inspectorates based on the suggestions for the performance of labor inspection. If during a specified period Labour Inspectorate don´t receives complaint on this issue, the selection of companies will be based on previous inspection experience. The first inspection is scheduled on March of 2012. In terms of our experience of economic exploitation, particularly of Roma citizens exploited in the Unit Kingdom we would like to know your opinion on elements identification the human trafficking for the purpose of “social benefits”. As regards the media campaigns in the Slovak Republic, we are implementing campaign entitled "Do you know what your child is doing now?", which aims to raise the attention of parents to their children and their activities carried out. Lack of interest their parents may lead to alcohol addiction or drug addiction and those factors can be push children to human trafficking (the campaign with a nationwide scope: from January 2012 to October 2012). Another media campaigns will be implemented under the NAP. It involves the rights of foreigners in Slovakia especially with regard to their status as victims of THB. (the campaign with a nationwide scope: during the summer months). In this field are also carried out other activities that constitute the content of the National Action Plan against the THB for years from 2011 to 2014 and are available at the web side of the Ministry of Interior in English.

    At present in the Slovak Republic we try to find an effective way to control the activities of employment agencies. The problem is that some employment agencies are charging clients by excessive fees, which have to be paid in advance or they are charging clients for administrative services and advice without providing these services in reality. These problems are going to be solved in  the cooperation of the Ministry of Interior of the Slovak republic with relevant institutions such as e.g. Central Office of Labour, Social Affairs and Family by information campaign.

     

    National Referral Mechanism

    In 2008, the Ministry of Interior adopted the National Referral Mechanism to be used by law enforcement across the country in referring identified victims to necessary services. However, according to the US State Trafficking Report, despite these significant efforts, it failed to identify or assist any foreign victims of trafficking during the reporting period.

    Slovenia doesn't have manual or other written document related to NRM. This doesn't mean that NRM are not established and developed. The National Working Group for Combating Human Trafficking (NWG) was officially established by the Slovenian Government in 2003 and is leaded by National Anti-trafficking Coordinator. The appointed members are representatives of ministries and non-governmental organizations. The NWG informs the Slovenian Government of its activities in regular annual reports. In view of the growth trend of this problem, there was a need to ensure a comprehensive and, most importantly, coordinated approach to deal with this phenomenon through the involvement of all organizations competent for this area.  At the same time this was the commitment of our country in its approach to international agreements. Establishment of NWG was the first step for development of NRM. During the years multiannual Action plan has been developed and there are defined basic actions and activities of governmental and nongovernmental organizations. Implementation is evaluated through annual reports, where can be seen improvements, difficulties and good practices of all institutions and organizations involved in combating anti trafficking phenomenon. Activities are in line for example with OSCE practical handbook on NRM.
  • 4. EU AND INTERNATIONAL COOPERATION

    The Slovak Republic uses the experience of international institutions in its efforts to combat human trafficking, particularly the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe. The Slovak Ministry of the Interior cooperates especially with the International Organisation for Migration and the UN Office on Drugs and Crime. The Ministry of the Interior of the Slovak Republic has participated in the implementation of several international projects. Their aim is to provide training for law enforcement authorities, and support for returning victims in order to prevent them from re-trafficking.

    Moreover, the police force cooperates operationally with third countries via Interpol and through the liaison officers of the Ministry of the Interior of the Slovak Republic. They are currently working with third countries like Ukraine, Russia, Bosnia and Herzegovina, Croatia and Turkey.

    Future plans in terms of implementation of the directive 2011/36/EU
    Legislation Section and External Relations of the Ministry of Interior of the Slovak Republic prepared a legal analysis of the Directive 2011/36/EU and the Slovak Republic will implement the directive 2011/36/EU in that parts, which has not modified in this time.

    In 2011 was created a special working group to review the possibility of adopting a comprehensive legal standards for law of combating trafficking in human beings. On the basis of the input from working group members was prepared an analysis of the current legal status of the fight against human trafficking. By the end of 2012 should be adopted a specific law on trafficking in human beings, which takes into account the requirements of Directive no. 2011/36/EU. Furthermore, in 2012 we prepare an amendments to the Slovak Criminal Code, in which Article 8 "prosecute victims or non-criminal to the victim" guidelines 2011/36/EÚ will be implemented.

    The amendment to the Penal Code (KZ - 1b) has implemented Directive EU 36/2011. (Article 54)

    Trafficking in Human Beings (KZ - 1b – unofficial consolidated text)

    Article 113

    1. Whoever purchases another person, takes possession of them, accommodates them, transports them, sells them, delivers them or uses them in any other way, or recruits a person, exchanges them or transfers control over them, or acts as a broker in such operations, for the purpose of abuse of prostitution or another form of sexual exploitation, forced labour, enslavement, service, commission of a criminal offence or trafficking in organs, human tissue or blood shall be given a prison sentence of between one and ten years.
    2. If an offence from the preceding paragraph was committed against a minor or with force, threats, deception, kidnapping or exploitation of a subordinate or dependent position, or by giving or accepting payments or benefits to achieve consent by the person having control over another person, or in order to force a victim to become pregnant or be artificially inseminated, shall be given a prison sentence of between three and fifteen years.
    3. Whoever carries out an offence from paragraphs 1 and 2 of this Article as a member of a criminal organisation to commit such offences, or if a large pecuniary benefit was gained through committing the offence, shall be subject to the same punishment as specified in the preceding paragraph.

    The meeting of the Expert Group for the Area of the Fight against Human Trafficking, held on 22th October 2012, and one of the meeting points was created a working group in order to examining current criminal law in terms of defining bodies of evidence of crimes of human trafficking and related crimes, specifically Article 179 - Human Trafficking, Articles 180 and 181 - Children Trafficking and Article 367 – Soliciting and  Determine concordance of given crimes with Slovak Republic agreements from applicable international agreements and relevant EU legislation (in accordance with Directive of the  European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA). The Working Group performed this task on the basis of the manual entitled: „Joint UN Commentary on the EU Directive – A Human Rights-Based Approach entitled Prevent, Combat and Protect Human Trafficking“.
  • 5. RESOURCES
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