Human trafficking in Austria

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Austria is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor.

Contents

Victims originate from Eastern Europe, Africa, and Asia. Austrians reportedly spent $4.3 billion on domestic workers in 2009; exploitation is believed to be a significant problem in this sector. Some forced domestic servitude involves diplomats, primarily from the Middle East, who enjoy diplomatic immunity. Forced labor occurs in the agricultural, construction, restaurant, and tourism industries.

Forced begging involving Roma children and others from Eastern Europe continued to be a problem. An NGO which works primarily with Nigerian trafficking victims reported that traffickers abuse the legal prostitution and asylum processes to control their victims and keep them in Austria legally. [1]

The Government of Austria fully complies with the minimum standards for the elimination of trafficking. The government identified and referred an increased number of trafficking victims for assistance, and police demonstrated an increasingly victim-centered approach to law enforcement efforts. In an attempt to prevent involuntary domestic servitude, the government amended its regulations in 2009 to require all foreign domestic workers to appear in person at the Ministry of Foreign Affairs to receive information on how to get help if they become victims of forced labor. It hosted a United Nations event to notify foreign embassies in Austria about this new requirement. The Austrian government, however, did not adequately punish convicted trafficking offenders, and it did not employ systematic procedures for the identification and referral of victims. Also, some child victims of trafficking were penalized for unlawful acts committed as a direct result of being trafficked. [1] U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017. [2]

Prosecution

The Austrian government demonstrated moderate efforts to prosecute and convict traffickers during the reporting period. However, over half of convicted traffickers spent 12 months or less in jail; one-third of convicted traffickers received no jail time.

Article 104(a) of the Austrian Criminal Code prohibits trafficking for both sexual exploitation and forced labor. Prosecutors typically use Articles 104(a) and 217 of the Criminal Code, which prohibit cross border trafficking for the purpose of prostitution, as well as Article 114 of the Aliens Police Act, which contains provisions on alien smuggling, to prosecute traffickers. Penalties prescribed in Article 104(a) and Article 114 range up to 10 years' imprisonment, while penalties prescribed in Article 217 range from six months' to 10 years' imprisonment. These penalties are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape.

The government reportedly prosecuted and convicted 1 trafficking offenders in 2008; however, it only reported sentences for offenders in which trafficking was the leading charge. In 2008, the government convicted 18 trafficking offenders, a decrease from 30 such convictions in 2007. Sentences for three of these offenders were between one and three years. The government completely suspended the sentences of four offenders and partially suspended nine, resulting in sentences between one and 12 months in jail. Two other convicted traffickers paid fines. Local observers report a lack of anti-trafficking expertise among prosecutors and judges. According to one NGO, during a case in 2009, a victim testified five separate times, but the suspect was subsequently released. The Austrian government did not disaggregate its data to demonstrate it prosecuted or convicted labor trafficking offenders. [1]

Protection

The Government of Austria sustained its efforts to protect identified victims of human trafficking during the reporting period. The government did not yet, however, employ formal and systematic procedures for the identification and referral of victims within labor or legal and illegal prostitution sectors.

Police in Vienna proactively referred trafficking victims for care and collaborated with NGOs to improve their ability to spot indicators of sex trafficking, but referral was ad hoc and reliant on certain victim-sensitive officers. NGOs reported police effectively partnered with them on cases to ensure trafficking victims adequate recovery time to become more effective witnesses. It continued to fund the country's only specialized anti-trafficking NGO, which provided open shelter and assistance to female victims in Vienna. This shelter was at its full capacity of 18 beds throughout 2009. The Austrian government provided $828,000 to this NGO in 2009, compared with $542,700 in 2008. It provided counseling and other services to 182 trafficking victims in 2009; police referred approximately 90 of these victims, compared with 60 referrals from the previous year. Fifty-nine victims received shelter from the government-funded NGO; all victims received assistance in the form of social and legal counseling in their native language, German-language classes, computer courses, and health prevention.

The government provided foreign victims of trafficking with legal alternatives to their removal, and in April 2009 passed the Residence and Settlement Act, which listed victims of trafficking as a special category with a right for temporary resident status. The government encouraged victims to assist with investigations and prosecutions of traffickers and an NGO reported a high rate of victims who willingly cooperated on their cases. Furthermore, police provided information on potential female victims of forced prostitution to NGOs when these victims appeared reluctant to disclose elements of their exploitation to law enforcement. According to one NGO, the only systematic regulation by the government within Austria's sizable, legal commercial sex sector consisted of weekly health checks for sexually transmitted diseases and periodic police checks of registration cards. In 2009, the government began training labor inspectors to increase identification of forced labor trafficking. [1]

The City of Vienna's specialist center for unaccompanied minors accommodated 121 children in 2009, some of whom were reported to be victims of trafficking. This center reportedly facilitated the repatriation of children subjected to forced prostitution and forced begging during the reporting period. However, according to local observers, this center has limited capacity to accommodate trafficked children, does not function as an anti-trafficking NGO, and there was little official follow-up or assurances made to ensure a safe return or protection from re-trafficking. Furthermore, the center only accommodated children who had been apprehended by the police, and is an open facility, allowing traffickers continued access to their victims.

According to local experts, authorities, especially outside Vienna, do not identify many child trafficking victims and there are no specialized services or targeted outreach efforts to identify potential children who are trafficked throughout Austria. The government reportedly ensured identified victims were not punished for unlawful acts committed as a direct result of being trafficked; however, during the year at least some child sex trafficking victims were penalized for unlawfully engaging in prostitution. [1]

Prevention

Austria continues its proactive efforts to prevent trafficking by conducting public awareness activities. It continues to subsidize television programs about trafficking and hosts international conferences aimed at raising awareness about human trafficking. It also funds campaigns to educate people about the possible presence of trafficked women in the prostitution sector and to inform female prostitutes about their rights under national law by distributing brochures and continues to maintain an active presence in well known "red light districts".[ citation needed ]

Likewise, the Interior Ministry produced and distributed literature that could increase law enforcement's awareness about human trafficking and improve victim identification processes. The brochure lists contact numbers of anti-trafficking NGOs and government offices responsible for victim protection. The government also subsidized the production and distribution of leaflets containing information that offers support to victims. According to ECPAT Austria, approximately 4,500 Austrians contribute to the global demand for child sex tourism. Austrian law provided extraterritorial jurisdiction over Austrian nationals who travel abroad to engage in child commercial sexual exploitation. [1]

The above initiatives are aligned with the adopted strategy that involve the "coordination of all activities concerned at the regional, national and international level by raising awareness, the protection of victims by establishing victims' rights," and "the prosecution of offenders of THB." [3] Austria is a signatory to a number of international conventions addressing human trafficking such as the United Nations Convention Against Transnational Organized Crime (2000) and its Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children; the Council of Europe Convention on Action against Trafficking in Human Beings(2005); the UN Convention on the Rights of the Child (1989) and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography(2000); and the UN Convention on the Elimination of All Forms of Discrimination against Women. [4]

In 2004, the Austrian government also created the Task Force on Combating Human Trafficking under the direction of the Foreign Ministry and was tasked to elaborate and monitor the implementation of the National Action Plans on Combating Human Trafficking. [5] This national plan underwent a series of changes in 2009 and 2012.

There are observers who argue that Austria should adopt specific measures to enforce compliance to the principle of non-punishment of human trafficking victims. The argument is that the criminalization of victims of trafficking discourages victims from coming forward and cooperating with authorities. [6] Recently,[ when? ] Austria started granting residence permits to victims under its "red-white-red card" immigrant program to address the security issue for those cooperating with authorities.

See also

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Germany is a European source, point of transit, organization and destination country for women, children, and men subjected to trafficking in persons, specifically forced prostitution and forced labor.

Barbados is a source and destination country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Some children in Barbados are subjected to commercial sexual exploitation in “transactional sex” wherein a third party such as a parent receives a benefit from the child's participation in sexual activity. Researchers identified patterns of transactional sex within families, most often by adult male caretakers such as step-fathers, as well as child prostitution outside the home. Women from the Dominican Republic, Guyana, and Jamaica voluntarily enter Barbados as illegal migrants, and some expect to engage in prostitution. Some of these women are exploited in forced prostitution subsequent to their arrival. Some other foreign women who entered the country illegally are exploited in involuntary domestic servitude in private homes. Foreign men have been transported to Barbados for the purpose of labor exploitation in construction and other sectors. Sex traffickers, primarily organized criminals from Guyana, form partnerships with pimps and brothel owners from Trinidad and Tobago and Barbados, and lure women to Barbados with offers of legitimate work. Trafficking victims tend to enter the country through legal means, usually by air; traffickers later use force and coercion to obtain and maintain the victims’ work in strip clubs, massage parlors, some private residences, and “entertainment clubs” which operate as brothels. Traffickers use methods such as threats of physical harm or deportation, debt bondage, false contracts, psychological abuse, and confinement to force victims to work in construction, the garment industry, agriculture, or private households.

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Botswana is a source and destination country for women and children subjected to trafficking in persons, specifically forced labor and commercial sexual exploitation. Parents in poor rural communities sometimes send their children to work for wealthier families as domestics in cities or as herders at remote cattle posts, where some of these children are vulnerable to forced labor. Batswana girls are exploited in prostitution within the country, including in bars and by truck drivers along major highways; it does not appear, however, that organized pimping of children occurs. In the past, women reported being forced into commercial sexual exploitation at some safari lodges, but there were no similar reports during this reporting period. Residents in Botswana most susceptible to trafficking are illegal immigrants from Zimbabwe, unemployed men and women, those living in rural poverty, agricultural workers, and children orphaned by HIV/AIDS. Some women from Zimbabwe who voluntarily, but illegally, migrate to Botswana to seek employment are subsequently subjected by their employers to involuntary domestic servitude. Botswana families which employ Zimbabwean women as domestic workers at times do so without proper work permits, do not pay adequate wages, and restrict or control the movement of their employees by holding their passports or threatening to have them deported back to Zimbabwe.

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Hungary is a source, transit, and destination country for women and girls subjected to trafficking in persons, specifically forced prostitution, and a source country for men and women in conditions of forced labor. Women from Hungary are forced into prostitution in Canada, the Netherlands, Switzerland, the United Kingdom, Denmark, Germany, Austria, Italy, Spain, Portugal, Ireland, Greece, and the United States. Women from eastern Hungary are subjected to forced prostitution in Budapest and areas in Hungary along the Austrian border. Roma women and girls who grow up in Hungarian orphanages are highly vulnerable to internal forced prostitution. Men from Western Europe travel to Budapest for the purpose of adult sex tourism, some of which may involve the exploitation of trafficking victims. Men and women are subjected to conditions of forced labor within Hungary. Women from Romania and Ukraine are transported through Hungary to the Netherlands, the United Kingdom, Denmark, Germany, Austria, Italy, Switzerland, France, and the United Arab Emirates where they are subsequently subjected to forced prostitution; some of these victims may be exploited in Hungary before they reach their final destination country.

<span class="mw-page-title-main">Human trafficking in Ghana</span>

Ghana is a country of origin, transit, and destination for women and children subjected to trafficking in persons, specifically forced labor and forced prostitution. The nonconsensual exploitation of Ghanaian citizens, particularly children, is more common than the trafficking of foreign migrants. The movement of internally trafficked children is either from rural to urban areas, or from one rural area to another, as from farming to fishing communities.

North Macedonia is a source, transit, and destination country for women and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Macedonian women and children are trafficked internally within the country. Women and girls from Albania, Bulgaria and Kosovo were reportedly subjected to forced prostitution or forced labor in Macedonia in 2009. Macedonian victims and victims transiting through Macedonia are subjected to forced prostitution or forced labor in South Central and Western Europe. Children, primarily ethnic Roma, are subjected to forced begging by their parents or other relatives. Girls were subjected to conditions of forced labor in Macedonian bars and nightclubs. A small number of Macedonian men were allegedly subjected to forced labor in Azerbaijan. Traffickers continued to operate in more hidden, private sectors in an attempt to conceal their exploitation of victims from law enforcement.

Malawi is primarily a source country for men, women, and children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution within the country and abroad. Most Malawian trafficking victims are exploited internally, though Malawian victims of sex and labor trafficking have also been identified in South Africa, Zambia, Mozambique, Tanzania, and parts of Europe. To a lesser extent, Malawi is a transit point for foreign victims and a destination country for men, women, and children from Zambia, Mozambique, Tanzania, and Zimbabwe subjected to conditions of forced labor or commercial sexual exploitation. Within the country, some children are forced into domestic servitude, cattle herding, agricultural labor, and menial work in various small businesses. Exploited girls and women become "bar girls" at local bars and rest houses where they are coerced to have sex with customers in exchange for room and board. Forced labor in agriculture is often found on tobacco plantations. Labor traffickers are often villagers who have moved to urban areas and subsequently recruit children from their original villages through offers of good jobs. Brothel owners or other prostitution facilitators lure girls with promises of nice clothing and lodging. Upon arrival, they charge the girl high rental fees for these items and instruct her how to engage in prostitution to pay off the debt. South African and Tanzanian long-distance truck drivers and mini-bus operators move victims across porous borders by avoiding immigration checkpoints. Some local businesswomen who also travel regularly to neighboring countries to buy clothing for import have been identified as traffickers. Reports of European tourists paying for sex with teenage boys and girls continue.

Mongolia is a source country, and to a much lesser extent, a destination for men, women, and children who are subjected to trafficking in persons, specifically forced prostitution and forced labor. Mongolian men, women, and children are found in these conditions in China, Macau, Malaysia, South Korea, and Hong Kong. Mongolian men and women have been found in conditions of forced labor in Turkey, Kazakhstan, and the Czech Republic. Visa-free travel of Mongolians to Turkey has resulted in a significant increase in the number of both labor and sex trafficking cases of Mongolian labor migrants in Turkey. There remain concerns about involuntary child labor in the Mongolian construction, mining, and industrial sectors, where children are vulnerable to injury and face severe health hazards. The problem of Mongolian women subjected to conditions of involuntary servitude after engaging in brokered marriages – mainly to South Korean men – continues. Trafficking within Mongolia often involves women and girls forced to work in saunas or massage parlors where they are subjected to forced prostitution. Anecdotal reports continue to indicate that South Korean and Japanese tourists engage in child sex tourism in Mongolia.

Morocco is a source, destination, and transit country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Children are trafficked within the country from rural areas to urban centers to work as maids or laborers, or for commercial sexual exploitation. Moroccan men, women, and children are exploited for forced labor and prostitution in European and Middle Eastern countries. Young Moroccan girls from rural areas are recruited to work as child maids in cities, but often experience non-payment of wages, threats, and physical or sexual abuse, and sometimes face restrictions on movement. These practices indicate that these girls are subjected to involuntary servitude. Moroccan boys experience forced labor as apprentices in the artisan and construction industries and in mechanic shops. A few Moroccan men and boys are lured to Europe by fraudulent job offers, and are subsequently forced to sell drugs. In addition, men and women from sub-Saharan Africa, South Asia, and the Philippines enter Morocco voluntarily but illegally with the assistance of smugglers; once in Morocco, some of the women are coerced into prostitution or, less frequently, forced into domestic service. Nigerian gangs, who engage in a variety of criminal activities like human smuggling and drug trafficking, compete to control the trafficking of sub-Saharan Africans in Morocco.

Human trafficking in Brazil is an ongoing problem. Brazil is a source country for men, women, girls, and boys subjected to human trafficking, specifically forced prostitution within the country and abroad, as well as a source country for men and boys in forced labor within the country. The United States Department of Homeland Security, describes human trafficking as "the use of force, fraud, or coercion to obtain some type of labor or commercial sex act."

Bulgaria is a source and, to a lesser extent, a transit and destination country for women and children who are subjected to trafficking in persons, specifically forced prostitution and men, women, and children subjected to conditions of forced labor. Bulgarian women and children are subjected to forced prostitution within the country, particularly in resort areas and border towns, as well as in the Netherlands, Belgium, France, Austria, Germany, the Czech Republic, Finland, Portugal, Greece, Italy, Spain, Poland, Switzerland, Turkey, Cyprus, and North Macedonia. Bulgaria women and children of Roma descent are the most vulnerable to trafficking, especially as it relates to sex trafficking and early childhood marriage. Bulgarian men, women, and children are subjected to conditions of forced labor in Greece, Italy, Spain, and the United Kingdom. Some Bulgarian children are forced into street begging and petty theft within Bulgaria and also in Greece and the United Kingdom.

Croatia is a destination, source, and transit country for men, women, and children subjected to trafficking in persons, specifically conditions of forced prostitution and forced labor. Croatian women and girls fall victim to sex trafficking within the country, and women and girls from Serbia, Bosnia and Herzegovina, and other parts of Europe are subjected to forced prostitution in Croatia and in Europe. Men reportedly are subjected to forced labor in agricultural sectors, and children, including Roma, are subjected to conditions of forced begging and theft. In 2017, Taiwan women and men, as well as Croatian and Bosnian women, were subjected to forced labor and forced criminality in an illegal call center.

Denmark is primarily a transit and destination country for women and children from Baltic countries, East and Central Europe, Nigeria, Thailand, and South America subjected to trafficking in persons, specifically forced prostitution. There was one report last year of a male teenager from Nigeria rescued from the commercial sex trade in Denmark. The government did not report any cases of forced labor during the reporting period, though the Danish Anti-Trafficking Center highlighted that workers in domestic service, restaurants, hotels, factories, and agriculture, may be vulnerable to forced labor in Denmark. There were unconfirmed reports of foreign children being forced to engage in organized street crime. The government released a report in 2010 about increasing evidence that "au pair" organizations could be used as front companies for human trafficking. The hundreds of unaccompanied foreign minors who arrive in Denmark every year are particularly vulnerable to human trafficking. The United States Department of State placed the country in "Tier 2" in their 2020Trafficking in Persons Report.

El Salvador is a source, transit, and destination country for women and children who are subjected to trafficking in persons, specifically forced prostitution and forced labor. Most victims are Salvadoran women and girls from rural areas who are forced into commercial sexual exploitation in urban areas, though some adults and children are subjected to forced labor as agricultural workers and domestic workers. The majority of foreign victims are women and children from neighboring countries, such as Honduras, Nicaragua, and the Dominican Republic, who migrate to El Salvador in response to job offers, but are subsequently forced into prostitution or domestic servitude. Trafficking offenders use fraudulent documentation to facilitate the movement of foreign victims. Salvadorans have been subjected to forced prostitution in Guatemala, Mexico, Belize, the United States, Spain, and Italy.

References

  1. 1 2 3 4 5 6 "Trafficking in Persons Report 2010 Country Narratives -- Countries A Through F". US Department of State. 2010-06-17. Archived from the original on 2010-06-17. Retrieved 2023-02-06.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. ↑ "Trafficking in Persons Report 2017: Tier Placements". www.state.gov. Archived from the original on 2017-06-28. Retrieved 2017-12-01.
  3. ↑ McCabe, Kimberly Ann; Manian, Sabita (2010). Sex Trafficking: A Global Perspective. Lanham, MD: Lexington Books. p. 73. ISBN   9780739129333.
  4. ↑ Österreich, Außenministerium der Republik. "Combating Trafficking in Human Beings – BMEIA, Außenministerium Österreich". www.bmeia.gv.at. Retrieved 2018-08-17.
  5. ↑ "Human Trafficking". Austria. Retrieved 2018-08-17.
  6. ↑ Gebrewold, Belachew; Kostenzer, Johanna; Muller, Andreas (2017). Human Trafficking and Exploitation: Lessons from Europe. Oxon: Routledge. p. 189. ISBN   9780415791274.
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