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. Efforts included investigating and prosecuting more suspected traffickers, adopting a new national action plan (NAP), and implementing a procurement strategy to prevent forced labor in government contracts.

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 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]

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. [7]

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. [8] 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. [9]

See also

Related Research Articles

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.

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.

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.

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.

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.

The Bahamas is a destination country for men and some women from Haiti and other Caribbean countries who are subjected to trafficking in persons, specifically forced labor, and, to a lesser extent, women from Jamaica and other countries who are in forced prostitution. Haitian trafficking victims are most likely to migrate to The Bahamas voluntarily, but subsequently be subjected to forced labor in agriculture, domestic service, or forced prostitution. Some employers coerce migrant workers – legal and illegal – to work longer hours, at lower pay, and in conditions not permitted under local labor law by changing the terms of employment contracts, withholding travel documents, refusing transportation back home, threatening to withdraw the employer-specific and employer-held permits, or threatening to have the employee deported through other means. Traffickers reportedly lure Jamaican and other foreign women to the Bahamas with offers of employment in the tourism and entertainment fields and subject the women to forced prostitution after their arrival. The Ministry of Education is investigating allegations that some high school girls in Eleuthera may be involved in a prostitution ring. This report is the only indication that Bahamian citizens may be victims of human trafficking.

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.

Turkmenistan is a source country for women subjected to human trafficking, specifically forced prostitution and for men in forced labor. Women from Turkmenistan are subjected to forced prostitution in Turkey. Men and women from Turkmenistan are subjected to conditions of forced labor in Turkey, including domestic servitude and also in textile sweatshops.

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.

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.

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.

<span class="mw-page-title-main">Human trafficking in the Czech Republic</span>

The Czech Republic is a source, transit, and destination country for people subjected to human trafficking, both women in forced prostitution, and men and women working in forced labor. Women from the Czech Republic, Slovakia, Ukraine, Russia, Romania, Bulgaria, Vietnam, Mongolia, and Brazil are subjected to forced prostitution in the Czech Republic and also travel through the Czech Republic en route to forced prostitution in other European countries, including Austria, Germany, Switzerland, and Serbia. Many Roma women from the Czech Republic are subjected to forced prostitution domestically as well as abroad. Men and women from Russia, Ukraine, Kyrgyzstan, Uzbekistan, Romania, Vietnam, Mongolia, Thailand, and Belarus are subjected to forced labour in the construction, forestry, agricultural, and service sectors and are exploited within and transited through the Czech Republic to other countries in the European Union. Czech citizens are also subjected to forced labour in the United Kingdom.

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.

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 "2023 Trafficking in Persons Report: Poland".
  2. ↑ "2023 Trafficking in Persons Report".
  3. ↑ "Copyright Information". The U.S. State Department Bureau of Public Affairs. 3 December 2010. Retrieved 2 November 2013.
  4. 1 2 3 4 5 "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. ↑ "pl.usembassy.gov/" (PDF). pl.usembassy.gov. Retrieved 11 April 2024.
  6. ↑ "Temporary Protection". UNHCR Poland. Retrieved 16 April 2024.
  7. ↑ "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.
  8. ↑ "Raporty i analizy dotyczące Polski – Portal o przeciwdziałaniu handlowi ludźmi – Portal Gov.pl". Portal o przeciwdziałaniu handlowi ludźmi (in Polish). Retrieved 8 May 2024.
  9. ↑ "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.
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