Human trafficking in Poland

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The U.S. State Department Office to Monitor and Combat Trafficking in Persons placed Poland in Tier 1 in 2024. [1] Below is the full copy of a webpage section relating to Poland in a report published by the Bureau of Public Affairs of the United States Department of State, entitled "Country Narratives: Countries N Through Z: Trafficking in Persons Report 2024" [2] ,which is in the public domain. [3]

Contents

Poland is a source and destination country for men and women subjected to trafficking in persons, specifically conditions of forced labor and for women and children in forced prostitution. Men and women from Poland are subjected to conditions of forced labor in Italy and Sweden. Women and children from Poland are trafficked for forced prostitution within Poland and also in Belgium, Germany, Italy, the Netherlands, Spain, Portugal and Sweden. Women and children from Moldova, Ukraine, Bulgaria, Romania, Belarus, and Russia are trafficked to Poland for forced prostitution. Men and women from Bangladesh, China, and the Philippines are found in conditions of forced labor in Poland. Men and women from Thailand, Nigeria, Iraq, Ukraine, Belarus, Romania, Bulgaria, Moldova, Mongolia, Vietnam, Turkey, Djibouti, and Uganda are found in conditions of forced labor, including forced begging and debt bondage, and also forced prostitution in Poland. [4]

The government of Poland fully complies with the minimum standards for eliminating trafficking and in 2024 was upgraded to Tier 1. [5] These accomplishments include increasing prosecutions and convictions of traffickers, increasing funding for victim services, and boosting funding for the National Action Plan (NAP) implementation for the first time since 2018. The government also intensified efforts to investigate and identify labor trafficking, with 79 percent of ongoing prosecutions related to labor trafficking, and the majority of identified victims being labor trafficking victims. The government funded two NGOs that assisted more potential trafficking victims. Courts awarded restitution to trafficking victims in four cases, marking the first time since 2020. [1] In September 2023, the government formed an Inter-Ministerial Team for Counteracting Human Trafficking, which replaced the Ministry of Interior (MOI) advisory board that had been in operation since 2019. [1]

In 2022 the government implemented comprehensive measures to combat the trafficking of individuals escaping the conflict in Ukraine. These measures included raising public awareness, establishing a dedicated hotline, [6] formulating and applying standard operating procedures (SOPs) for unaccompanied children from other countries arriving at the Poland-Ukraine border, and engaging in proactive collaboration with international bodies and non-governmental organizations. Efforts included investigating and prosecuting more suspected traffickers, adopting a new national action plan (NAP), [7] and implementing a procurement strategy to prevent forced labor in government contracts.

In 2023 the Organised Crime Index gave Poland a score of 5.5 out of 10 for human trafficking noting that most victims are women from Eastern Europe and Russia. [8]

Prosecution

The government of Poland demonstrated progress in its overall anti-human trafficking law enforcement efforts during the reporting period. Poland prohibits all forms of trafficking through Article 253, Article 204 Sections 3 and 4, and Article 203 of the criminal code. Article 253 and organized crime statutes are used to prosecute labor trafficking cases, though there are no provisions that specifically define and address trafficking for forced labor. Penalties prescribed under Article 253 range from three to 15 years’ imprisonment, and Articles 203 and 204 prescribe from one to 10 years’ imprisonment; these punishments are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape. Law enforcement officials and NGOs continued to report that the lack of a clear legal definition of trafficking in Poland's criminal code limits effective prosecutions. Prosecutors rely on trafficking definitions in the 2000 UN TIP Protocol when pursuing prosecutions against traffickers.

In 2022 law enforcement authorities conducted 23 investigations under Article 189a, which was a decrease compared to the 32 investigations in 2021. These investigations focused on various forms of trafficking:

Prosecutors also initiated 26 investigations based on referrals from police and border guards, a decrease from the 57 investigations in 2021. They prosecuted 17 defendants under Article 189a, down from 25 in 2021. Additionally the police initiated 12 case investigations under Article 203 and four cases under Article 204.3. Prosecutors indicted 11 defendants under Article 203.

In 2021 police investigated 16 cases related to Article 203 and/or Article 204.3. Prosecutors indicted 16 defendants under the same articles.

The National Prosecutor's Office (NPO) reported that courts convicted four traffickers under Article 189a in 2022, a significant decrease compared to the 25 traffickers convicted in 2021. The sentences included:

Furthermore: Three persons were convicted under Article 203 in 2022, compared to none in 2021. The Border Guard launched two investigations into forced labor, involving victims from Guatemala, Colombia, Venezuela, and Mexico. These victims were exploited through local recruitment agencies and fraudulent internet platforms.

Since the start of Russia's full-scale invasion of Ukraine, the National Police initiated five investigations into possible trafficking of Ukrainian refugees. Among these cases, one was confirmed as human trafficking and involved two child victims of sex trafficking.

The government provided training on trafficking awareness and victim identification to officers in the national police, Border Guard, and the Internal Security Agency. In March 2009, the National School for Judges and Prosecutors provided trafficking-specific training for 60 prosecutors. Additional anti-trafficking training and victim identification and treatment training was provided to at least 614 police officers, border guard officials, and social workers. In partnership with a local NGO, the Ministry of Labor and Social Policy focused significant training for law enforcement and social workers on child trafficking issues, including identification and the special needs of children exploited in the sex trade. [4]

The National Police took part in three major international operations launched by EUROPOL within the framework of the European Multidisciplinary Platform Against Criminal Threats. These operations targeted child trafficking, forced labor, and the fight against human trafficking related to sexual abuse, begging, or criminal activities. [9]

Protection

During 2009 the government continued to improve efforts to assist trafficking victims; they identified at least 206 victims of trafficking - including 123 children in prostitution - compared with 315 victims identified by NGOs and government authorities in 2008. In total, 193 victims received some government-funded assistance. The government referred 22 victims for assistance in 2009. In April 2009, the government established the National Intervention Consultation Center, which expanded the ability of authorities to assist victims. The NGO-operated center established a 24-hour hotline, provided direct assistance to victims of trafficking, and served as a consultation point for law enforcement working with victims of trafficking. The national center enhanced victim protection available to foreign victims of trafficking. Previously, only foreign victims who agreed to cooperate with law enforcement were eligible for government-funded emergency assistance. With the establishment of the national center, both Polish and foreign victims were no longer required to be identified by or cooperate with local law enforcement to receive government-funded emergency assistance through Poland's victim assistance program. [4]

In 2009 the government allocated approximately $298,000 for victim assistance, including $59,000 for a shelter for use by adult female victims of trafficking. In response to criticism that there were no shelters dedicated to assisting male victims of trafficking, the government housed seven male trafficking victims in a government-run crisis center in January 2010 and enrolled them in the Victim/Witness protection Program, ensuring they had access to necessary care. Under Polish law, all foreign victims are permitted to stay in Poland during a three-month reflection period, during which time they are eligible to access victim services while they decide whether or not to cooperate with law enforcement. In 2009, no victims took advantage of the 90-day reflection period. Those foreign victims who choose to cooperate are permitted to stay in Poland during the investigation and prosecution process. In 2009, two foreign victims were granted temporary residency permits to remain in Poland pending completion of the prosecution process. However, some trafficking experts expressed concern that some victims who chose not to cooperate with law enforcement may not have been given victim status and therefore may not have received emergency victim assistance. Police encouraged victims to cooperate with law enforcement. In 2009, 22 victims assisted law enforcement, compared with 21 victims in 2008. There were no reports that identified victims were penalized for unlawful acts committed as a direct result of being trafficked. [4]

In 2022, the Polish government provided 1.1 million zloty (around $251,140) to two non-governmental organizations dedicated to assisting trafficking victims. This level of funding has been maintained since 2015.

National Action Plan (NAP) against Trafficking in Human Beings

National Action Plan (NAP) against Trafficking in Human Beings for 2022–2024 in Poland is a comprehensive document that outlines the country's strategy to combat human trafficking. [10]

The NAP defines human trafficking as a crime involving the recruitment, transportation, harboring, or receipt of a person through various means such as force, fraud, or coercion for the purpose of exploitation, including forced labor, prostitution, and other forms of exploitation. [11] The NAP aims to intensify preventive measures, training, and strengthen the role of Voivodeship Teams for Counteracting Trafficking in Human Beings. It also focuses on introducing remedial actions to ensure all components of the anti-trafficking system are complementary.

The plan emphasizes the need to intensify prevention, information, and education activities at all levels, aiming to reach the widest possible groups of people. This is particularly important considering the increasing number of individuals seeking employment in Poland, who may be at risk of falling victim to human trafficking crimes. [12]

See also

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Chile ratified the 2000 UN TIP Protocol in November 2004.

In 2009, efforts to crack down on human trafficking in Russia focused not only on the men, women, and children who were illegally shipped out of Russia to undergo forced labor and sexual exploitation in other countries, but also those who were illegally brought into Russia from abroad. The Government of the Russian Federation has made significant progress in this area since 1999, but a report commissioned by the United States Department of State in 2010 concluded that much more needed to be done before Russia could be taken off its Tier 3 watchlist.

The Government of Sweden fully complies with the minimum standards for the elimination of human trafficking. Beginning in July 2007, all foreign victims of trafficking were granted temporary residence permits for a minimum 30-day reflection period to consider whether to cooperate with law enforcement. In December 2007, the government adopted a national action plan on child sexual exploitation, improved awareness on trafficking issues, and increased internal and international cooperation to combat child sex tourism. The government continued to fund both awareness and victim assistance programs in trafficking source countries.

In 2008 Zambia was a source, transit, and destination country for women and children trafficked for the purposes of forced labor and sexual exploitation. Child prostitution existed in Zambia's urban centers, often encouraged or facilitated by relatives or acquaintances of the victim. Many Zambian child laborers, particularly those in the agriculture, domestic service, and fishing sectors, were also victims of human trafficking. Zambian women, lured by false employment or marriage offers, were trafficked to South Africa via Zimbabwe for sexual exploitation, and to Europe via Malawi. Zambia was a transit point for regional trafficking of women and children, particularly from Angola to Namibia for agricultural labor and from the Democratic Republic of the Congo to South Africa. Malawian and Mozambican adults and children were occasionally trafficked to Zambia for forced agricultural labor.

Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East.

Angola ratified the 2000 UN TIP Protocol in September 2014.

Armenia ratified the 2000 UN TIP Protocol in July 2003.

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

The Bahamas ratified the 2000 UN TIP Protocol in September 2008.

Belgium is a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. Victims originate in Eastern Europe, Africa, East Asia, as well as Brazil and India. Some victims are smuggled through Belgium to other European countries, where they are subjected to forced labor and forced prostitution. Male victims are subjected to forced labor and exploitation in restaurants, bars, sweatshops, horticulture sites, fruit farms, construction sites, and retail shops. There were reportedly seven Belgian women subjected to forced prostitution in Luxembourg in 2009. According to a 2009 ECPAT Report, the majority of girls and children subjected to forced prostitution in Belgium originate from Balkan and CIS countries, Eastern Europe, Asia and West Africa ; some young foreign boys are exploited in prostitution in major cities in the country. Local observers also report that a large portion of children trafficked in Belgium are unaccompanied, vulnerable asylum seekers and refugees. Criminal organizations from Thailand use Thai massage parlors in Belgium, which are run by Belgian managers, to sexually exploit young Thai women. These networks are involved in human smuggling and trafficking to exploit victims economically and sexually. Belgium is not only a destination country, but also a transit country for children to be transported to other European country destinations.

In 2009 Bosnia and Herzegovina was primarily a source for Bosnian women and girls who were subjected to trafficking in persons, specifically forced prostitution within the country, though it was also a destination and transit country for foreign women and girls in forced prostitution in Bosnia and Western Europe. There were four identified victims from Serbia in 2009. Most trafficked women entered the country through Serbia or Montenegro. There were reports that some girls, particularly Roma, were trafficked, using forced marriage, for the purpose of involuntary domestic servitude, and that Roma boys and girls were subjected to forced begging by organized groups. There was one case involving Bosnian males recruited for labor and subjected to coercive conditions in Azerbaijan in 2009. NGO's report that traffickers frequently use intermediaries to bring clients to private apartments, motels, and gas stations where victims are held.

Portugal ratified the 2000 UN TIP Protocol in May 2004.

In 2009 Namibia was a country of origin, transit, and destination for foreign and Namibian women and children, and possibly for men subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Traffickers exploited Namibian children, as well as children from Angola and Zambia, through forced labor in agriculture, cattle herding, involuntary domestic servitude, charcoal production, and commercial sexual exploitation. In some cases, Namibian parents unwittingly sold their children to traffickers. Reports indicate that vulnerable Namibian children were recruited for forced prostitution in Angola and South Africa, typically by truck drivers. There was also some evidence that traffickers move Namibian women to South Africa and South African women to Namibia to be exploited in forced prostitution. Namibian women and children, including orphans, from rural areas were the most vulnerable to trafficking. Victims were lured by traffickers to urban centers and commercial farms with promises of legitimate work for good wages they may never receive. Some adults subjected children to whom they are distantly related to forced labor or commercial sexual exploitation. Small business owners and farmers may also participated in trafficking crimes against women or children. Victims were forced to work long hours to carry out hazardous tasks, and may have been beaten or raped by traffickers or third parties.

In 2009, Norway was a destination and to a lesser extent, a transit and origin country for women and girls subjected to human trafficking, specifically forced prostitution, and men and women subjected to forced labor in the domestic service and construction sectors. Some foreign migrants may have been subjected to forced labor in the health care sector. Victims identified in 2009 originated in 45 countries, but most originated in Nigeria or other African countries and Eastern Europe. Often, victims were from minority groups in their countries of origin. Criminal organizations were often involved in human trafficking in Norway, and trafficking schemes varied by victims' countries of origin. Children in Norwegian refugee centers and migrants denied asylum were vulnerable to human trafficking in Norway; 44 children went missing from refugee centers during the 2009 calendar year.

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

In 2009, Ghana was 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, was more common than the trafficking of foreign migrants. The movement of internally trafficked children was either from rural to urban areas, or from one rural area to another, as from farming to fishing communities.

North Macedonia ratified the 2000 UN TIP Protocol in January 2005.

In 2010 Mongolia was a source country, and to a much lesser extent, a destination for men, women, and children who were subjected to trafficking in persons, specifically forced prostitution and forced labor. Mongolian men, women, and children were found in these conditions in China, Macau, Malaysia, South Korea, and Hong Kong. Mongolian men and women were found in conditions of forced labor in Turkey, Kazakhstan, and the Czech Republic. Visa-free travel of Mongolians to Turkey resulted in a significant increase in the number of both labor and sex trafficking cases of Mongolian labor migrants in Turkey. There remained concerns about involuntary child labor in the Mongolian construction, mining, and industrial sectors, where children were 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 - continued. Trafficking within Mongolia often involved women and girls forced to work in saunas or massage parlors where they were subjected to forced prostitution. Anecdotal reports continued to indicate that South Korean and Japanese tourists engaged in child sex tourism in Mongolia.

Bulgaria ratified the 2000 UN TIP Protocol in December 2001.

Women, and children from Eastern Europe, West Africa, and Asia, as well as the Caribbean and Brazil, subjected to trafficking in persons, forced prostitution and forced labor. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017. Women and children, many from Africa, continued to be subjected to forced domestic servitude. Often their "employers" are diplomats who enjoy diplomatic immunity from prosecution, including those from Saudi Arabia. Reportedly men from North Africa are subjected to forced labor in the agricultural and construction sectors in southern France. The Government of France estimates that the majority of the 18,000 women in France's commercial sex trade are likely forced into prostitution. It also estimates a significant number of children in France are victims of forced prostitution, primarily from Romania, West Africa, and North Africa. Romani and other unaccompanied minors in France continued to be vulnerable to forced begging. There were reportedly six French women subjected to forced prostitution in Luxembourg in 2009.

References

  1. 1 2 3 "Poland Trafficking in Persons report 2024". United States Department of State. Retrieved 19 July 2024.
  2. "2024 Trafficking in Persons Report". United States Department of State. Retrieved 19 July 2024.
  3. "Copyright Information". The U.S. State Department Bureau of Public Affairs. 3 December 2010. Retrieved 2 November 2013.
  4. 1 2 3 4 "Trafficking in Persons Report 2010 Country Narratives - Countries N Through Z". 17 June 2010. Archived from the original on 17 June 2010. Retrieved 19 February 2023.
  5. "State Dept says Poland is more competent in fighting Human Trafficking". www.pap.pl. Retrieved 19 July 2024.
  6. "Temporary Protection". UNHCR Poland. Retrieved 16 April 2024.
  7. "Poland - European Commission". home-affairs.ec.europa.eu. Retrieved 19 July 2024.
  8. Organised Crime Index website, Poland: 2023
  9. "2023 Trafficking in Persons Report: Poland".
  10. "National Action Plan against Trafficking in Human Beings for 2019–2021 - Compendium of Supply Chains Reference Materials and Resources - OSCE Communities (communities.osce.org)". communities.osce.org. Retrieved 8 May 2024.
  11. "Raporty i analizy dotyczące Polski - Portal o przeciwdziałaniu handlowi ludźmi - Portal Gov.pl". Portal o przeciwdziałaniu handlowi ludźmi (in Polish). Retrieved 8 May 2024.
  12. "Handel ludźmi w Polsce. Raport 2021 - Portal o przeciwdziałaniu handlowi ludźmi - Portal Gov.pl". Portal o przeciwdziałaniu handlowi ludźmi (in Polish). Retrieved 8 May 2024.