The situation of those affected and their rights

For those affected by human trafficking it is often very difficult to draw attention to their situation and seek support. The lack of knowledge of the language and local structures makes it difficult for them to find support services. In addition, they are often only allowed to stay in the area where they work and are being watched. The SOLWODI social workers report that it is often a big obstacle for women in prostitution to go to a nearby counselling service because they cannot find their way around the city and are afraid to leave the brothel. As those affected usually cannot access their income a lack of financial resources is a further obstacle to get out of a predicament.

In addition to these external obstacles, trauma and mental impairments play an aggravating role. The experience of violence, threats, compulsion and sexual exploitation often leads to post-traumatic stress disorders, which are otherwise common among soldiers in war.

Not all those affected by human trafficking see themselves as victims. They might not perceive the situation as exploitation and believe that it is their duty to e.g. repay travel debts. An illegal residence and fear of the police and authorities, fuelled by perpetrator narratives and potentially bad experiences in their country of origin, make it even more difficult for them to seek support.

These aspects illustrate how difficult it is for those affected by human trafficking to access and receive effective support but also show the importance of specialised counselling centers, so that people can free themselves from predicaments and gain their rights.

Particularly important is the three-month reflection and stabilisation period that those affected by human trafficking, forced prostitution and labour exploitation are entitled to according to § 57 sec. 7 of the Residence Act, so that they can break away from the predicaments and the influence of the perpetrators, recover and plan about whether they want to testify as witnesses in a criminal trial. The affected people are granted this three-month reflection and stabilisation period whether they have made a statement to the police. In addition, no deportation takes place during the time and the living of those affected must be guaranteed.

The KOK (nationwide coordination circle against trafficking in human beings) determines several undesirable consequences if the reflection and stabilisation period is not granted (source below: KOK brief information on the reflection and stabilisation period). 

Consequences if the reflection and stabilisation period is being ignored

• There is the danger that those affected by human trafficking are not able to withdraw from the circle of perpetrators due to a lack of alternatives. 

• If affected people must return to their country of origin quickly and unprepared, the risk of new threat and exploitation is much higher. 

• The affected people are threatened by deprivation and homelessness due to illegal residence.

• The people’s health is threatened by a lacking access to medical care.

• Testimonies are often unsatisfactory and unusable which hinders or makes the prosecution impossible. 

• Trust in government structures can not be built which is important for a criminal proceeding – this hinders a willingness to cooperate.

• There is the danger that those affected by human trafficking must return to their country of origin. In consequence, witnesses of the criminal proceeding are lost.

• The children’s welfare of those affected is not adequately protected in precarious situations.

• Germany is not meeting its obligation to protect the victims of human trafficking. 

Therefore it is incomprehensible that in practice the period for reflection and stabilisation and the related benefits to secure one's livelihood are repeatedly not granted. In some cases, proof of victimhood is requested by the prosecution or police. However, this already requires a testimony that the person should have time to think about during the reflection and stabilisation period.

The legislature provides a number of support measures so that the objectives of the reflection and stabilisation period can be achieved, for example the affected people are able to plan their future and can decide whether they want to testify in a trial.

As many are unable to earn money themselves due to the situation of exploitation, mental and physical impairments or a lacking residence permit the priority is to secure a living. Third-country nationals in the asylum process, but also those who make use of the reflection and stabilisation period can receive benefits according to the Asylum Seekers’ Benefits Law (Asylbewerberleistungsgesetz). If they are willing to testify in a criminal proceeding, they receive a temporary residence permit. During this time, they can claim benefits under SGB II or XII for people who are able to work and those who are not able to work. Normally, EU citizens can also receive benefits according to SGB II and XII. However, exclusions from benefits according § 7 SGB II are possible. This regularly causes problems in practice.

It is often difficult to fulfill the right to adequate and safe accommodation. However, this is a necessary condition for the affected people to recover and stabilise. However, there are not enough suitable protective facilities with adequate care, especially for non-German-speaking people, mothers with children, male adolescents and trans people. Accommodation in homeless shelters or collective accommodation for refugees is no effective alternative.

Because of their experiences those affected by human trafficking are often severely traumatised and need psychological and therapeutic support. The problem is that many of these benefits are not covered by the Asylum Seekers’ Benefits Law. Particularly, third-country nationals are denied access to urgently needed help. There is also a lack of therapies and many therapeutic and psychological professionals are reluctant to work with interpreters for clients who do not speak German or English. The planned cuts in the social sector of the federal budget in 2024 and the related cuts in psychosocial centres (PSZ) will further aggravate the situation. An urgent rethink among politicians is necessary here.

People affected by human trafficking are rarely familiar with the German legal and social system and need help with it. Specialised counselling centres are essential to inform affected people about their rights and evaluate action alternatives together. However, better staffing and a closer network of specialist counselling services would be desirable. Politicians are required to provide appropriate financing.

Those affected by human trafficking have a right to compensation. For example unpaid wages or compensation payments for traumatisation, insufficient care and intolerable physical and psychological stress can be claimed. In practice this is often difficult because the perpetrators are not known or the people identified are not the actual masterminds and beneficiaries of human trafficking.