Human trafficking in Poland

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The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed Poland in Tier 2 in 2023. [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 2023", [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 does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. [5] The government sustained its law enforcement efforts and undertook important steps to improve victim access to government-funded assistance by establishing the National Intervention Consultation Center in April 2009. The government also made specific efforts to ensure identified male victims of forced labor were provided with shelter and necessary assistance, a notable improvement from the previous reporting period. [4]

The government implemented comprehensive measures to combat the trafficking of individuals escaping the conflict in Ukraine instigated by Russia. 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.

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 [1] .

Protection

The government continued to improve efforts to assist trafficking victims during the reporting period. During the reporting period, the government 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 in order 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]

Prevention

The government demonstrated adequate efforts to prevent trafficking through awareness-raising activities during the reporting period. The Ministry of the Interior forged partnerships with IOM and MTV Polska to develop and air televised public service announcements entitled “Trafficking is a Fact” from October through November 2009. The government funded NGOs to conduct training for school teachers to discuss the basics of human trafficking with students. The government also published and distributed 100,000 copies of a leaflet titled “You are Not For Sale,” targeted at high school and vocational students, educating them about their rights. The Ministry of Labor conducted an information campaign for Polish citizens looking to work abroad, including interactive question and answer sessions on its website that provided information about legal assistance and advice on how to determine the legitimacy of job offers abroad. The government did not conduct a specific campaign to reduce the demand for commercial sex acts targeted at potential clients of prostitution. [4]

See also

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Chilean law does specifically prohibit trafficking in persons, and there were isolated reports that persons were trafficked to, from, and within the country for the purposes of sexual exploitation and involuntary domestic servitude. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017. The law criminalizes promoting the entry into or exit from the country of persons for the purpose of facilitating prostitution, with penalties of up to three years in prison and a fine of $827. Sanctions are increased in a number of circumstances, including cases in which the victim is a minor, violence or intimidation is used, deception or abuse of authority is involved, the victim is related or under the tutelage of the perpetrator, or advantage is taken of a victim's circumstances or handicap. The law criminalizes the prostitution of children and corruption of minors, and the age of consent for sexual relations is 14. The law criminalizes obtaining sexual services from a minor in exchange for money or other considerations.

Efforts to crack down on human trafficking in Russia focus not only on the men, women, and children who are illegally shipped out of Russia to undergo forced labor and sexual exploitation in other countries, but also those who are illegally brought into Russia from abroad. The Government of the Russian Federation has made significant progress in this area over the past decade, 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. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 3" in 2017.

Serbia is a source, transit, and destination country for women and girls trafficked transnationally and internally for the purpose of commercial sexual exploitation. Foreign victims are trafficked to Serbia from Macedonia, Ukraine, Moldova, Bosnia and Herzegovina, Bulgaria, Romania, Croatia, Albania, and the People's Republic of China. Serbia is a transit country for victims trafficked from Bosnia, Croatia, and Slovenia and destined for Italy and other countries. Internal sex trafficking of Serbian women and girls continued to increase as of 2007, comprising more than three-fourths of trafficking cases in 2007. Some children continue to be trafficked into forced labor or forced street begging. According to non-governmental organizations (NGOs) and law enforcement, efforts to shut down known brothels continue to prompt traffickers to better conceal victims of trafficking.

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.

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

Ukraine is a source, transit, and destination country for men, women, and children trafficked transnationally for the purposes of commercial sexual exploitation and forced labor.

Vietnam is primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Women and children are trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Vietnamese women are trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. Vietnam is also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Vietnam is a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. Vietnam has an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Vietnam is increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone.

Zambia is a source, transit, and destination country for women and children trafficked for the purposes of forced labor and sexual exploitation. Child prostitution exists 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, are also victims of human trafficking. Zambian women, lured by false employment or marriage offers, are trafficked to South Africa via Zimbabwe for sexual exploitation, and to Europe via Malawi. Zambia is 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 are 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.

Laos is primarily a source country for women and girls trafficked for commercial sexual exploitation and labor exploitation as domestics or factory workers in Thailand. Some Lao men, women, and children migrate to neighboring countries in search of better economic opportunities but are subjected to conditions of forced or bonded labor or forced prostitution after arrival. Some Lao men who migrate willingly to Thailand are subjected to conditions of involuntary servitude in the Thai fishing and construction industry. To a lesser extent Laos is a country of transit for Vietnamese, Chinese and Burmese women destined for Thailand. Laos’ potential as a transit country is on the rise with the construction of new highways linking the People’s Republic of China, Vietnam, Thailand, and Cambodia through Laos. Internal trafficking is also a problem that affects young women and girls who are trafficked for commercial sexual exploitation in urban areas.

Angola is a source and destination country for men, women, and children subjected to trafficking in persons, specifically conditions of forced prostitution and forced labor. Internally, trafficking victims are forced to labor in agriculture, construction, domestic servitude, and reportedly in artisanal diamond mines. Angolan women and children more often become victims of internal rather than transnational sex trafficking. Women and children are trafficked to South Africa, the Democratic Republic of the Congo (DRC), Namibia, and European nations, primarily Portugal. Traffickers take boys to Namibia for forced labor in cattle herding. Children are also forced to act as couriers in illegal cross-border trade between Namibia and Angola as part of a scheme to skirt import fees. Illegal migrants from the DRC voluntarily enter Angola's diamond-mining districts, where some are later reportedly subjected to forced labor or prostitution in the mining camps.

Armenia is a source country for women subjected to trafficking in persons (TIP), specifically forced prostitution; a source and destination country for women in forced labor; and a source country for men in forced labor. Women from Armenia are subjected to sex trafficking in the United Arab Emirates and Turkey.

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

Belarus is a source, destination, and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. The majority of identified Belarusian victims were females forced into prostitution abroad, including in: Russia, Germany, Latvia, other European countries, Turkey, Kazakhstan, Lebanon, and the UAE. There were reports that women from low-income families in Belarus’ regions were subjected to forced prostitution in Minsk. Belarusian men, women, and children continued to be subjected to forced begging, as well as forced labor in the construction industry and other sectors in Russia. According to the Ministry of Interior, Belarusian single, unemployed females between the ages of 16 and 30 were most at risk of being trafficked. Human traffickers often used informal social networks to approach potential victims.

Portugal is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Trafficking victims in Portugal are from Brazil, Colombia, Dominican Republic, Venezuela, Romania, Bulgaria, Ukraine, Moldova, Poland and some African countries. Children from Eastern Europe, including Romani, are subjected to forced begging, sometimes by their families.

Norway is 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 also be 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.

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.

Burundi is a source country for children and possibly women subjected to trafficking in persons, specifically conditions of involuntary domestic servitude and forced prostitution. Children and young adults may also be coerced into forced labor on plantations or small farms in southern Burundi, or to conduct informal commerce in the streets. Child labor is very common in agricultural fields where major exports, like tea and coffee, are harvested. Forced labour of children and adults is also very common in mines due to a large market for valuable stones and ores. Many trafficking victims can be found in mines in the northern area of Burundi, especially around Cibitoke. Some traffickers may be family or acquaintances of victims who, under the pretext of assisting underprivileged children with education or with false promises of lucrative jobs, subject them to forced labor, most commonly as domestic servants. While there is little evidence of large-scale child prostitution, “benevolent” older females offer vulnerable younger girls room and board within their homes, and in some cases eventually push them into prostitution to pay for living expenses; extended family members also financially profit from the commercial sexual exploitation of young relatives residing with them. It is most common for the trafficking of victims to remain internal within the country or to extend only to the surrounding countries. Male tourists from Oman and the United Arab Emirates exploit Burundian girls in prostitution. Businessmen recruit Burundian girls for commercial sexual exploitation in Rwanda, Kenya, and Uganda, and recruit boys and girls for exploitation in various types of forced labor in Tanzania. Unlike in past years, there were no reports of forced or voluntary recruitment of children into government armed forces or rebel groups during the reporting period. If the trafficking of Burundians does extend externally, it is most common for them to be sent to locations in the Middle East and Western Europe.

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 "2023 Trafficking in Persons Report: Poland".
  2. "2023 Trafficking in Persons Report".
  3. "Copyright Information". The U.S. State Department Bureau of Public Affairs. December 3, 2010. Retrieved 2 November 2013.
  4. 1 2 3 4 5 6 "Trafficking in Persons Report 2010 Country Narratives -- Countries N Through Z". 2010-06-17. Archived from the original on 2010-06-17. Retrieved 2023-02-19.
  5. "pl.usembassy.gov/" (PDF). pl.usembassy.gov. Retrieved 2024-04-11.
  6. "Temporary Protection". UNHCR Poland. Retrieved 2024-04-16.