Identification of those affected by human trafficking
Experts agree that there is no “typical” victim of human trafficking. Therefore, identifying those affected is difficult. However, there are signs indicating human trafficking. Within the EU project Assist, in which SOLWODI was involved, a list was created. According to this list human trafficking can be assumed if people:
were recruited through false promises (e.g. with the prospect of a job);
do not have access to their own personal documents;
are threatened to report their illegal stay to the police or relevant authorities;
live at the place of work;
are threatened or experience physical violence;
are forced to work in prostitution;
are humiliated and forced to perform sexual acts;
the money from forced sexual acts is managed by another person;
are forced to work extremely long hours;
are not allowed to move freely, for example by being brought to and picked up from work;
work to pay off a loan or debt;
aren’t paid as agreed;
were locked up at work;
frequently move between brothels and other places of work;
are taken to different cities or countries;
show signs of drug or substance abuse.
Those affected by human trafficking often appear frightened, do not dare to make their own decisions and seem to be constantly on a watch. It is important to note, that none of the indicators necessarily mean that human trafficking takes place.
Currently, the introduction of a National Referral Mechanism (NRM) is being discussed in Germany. Such referral mechanisms already exist at the state level. NRMs are processes which shall enable the identification of potential victims of human trafficking and their referral to the right people in the support system, in particular specialised counselling services. In this way, those affected by human trafficking should be protected more effectively and be able to exercise their rights.
One problem is that the initial contact of those affected by human trafficking can be with a variety of people: police, border guards, employees in asylum accommodation, authorities, the health system, civil society organizations, etc. Therefore, it must be determined who can carry out such identification and which processes must be implemented so that everyone involved knows who is responsible. As the identification of those affected is difficult and is actively hampered by the perpetrators, comprehensive and regular training is necessary to guarantee adequate identification and referral. Nevertheless, a practice-oriented, transparent and binding set of rules would be desirable to protect those affected by human trafficking and improve access to their rights.
Because of the difficulty of identifying those affected, it is illusory that the legislature postulates a punishment for punters in § 232a sec. 6 if they knowingly exploit the predicament of a person affected by human trafficking or forced prostitution. Although the law has existed for several years, it has only been applied in a single case. In practice, it is hardly possible to prove that a punter was aware of such predicament. The frequently heard argument that there is no need for general punishment for punters because such punishment already exists in the case of human trafficking and forced prostitution is thus reduced to absurdity.
