Most of the victims are used for sexual exploitation and forced labour. Since human trafficking is a cross-border crime, combating it requires international cooperation. ECPM strongly favours the Nordic model that decriminalizes the victim and criminalizes the client and the trafficker as the most effective way to stop human trafficking and (forced) prostitution. Human trafficking is the fastest growing criminal industry in the world: an estimated 50 million people around the world were victims of modern slavery in 2021 according to the global estimates of the International Labour Organization, of which almost 28 million were in forced labour and the other 22 million in forced marriage.(19)

Forced Labour

Out of the 27.6 million people trapped in forced labour, 17.3 million are exploited in the private sector, 6.3 million in forced commercial sexual exploitation, and 3.9 million in forced labour imposed by state. Forced labour is prevalent in agricultural work, the hospitality industry, in the garment industry, and in domestic work (nanny, au-pair). Most likely we have all eaten food or have in our possession clothes that have been produced by enslaved workers.

In Europe we notice a phenomenon of people from Eastern Europe travelling for work to the richer countries and being exploited (domestic, agricultural and construction workers in particular). An adopted report (2017)(20) in the Parliamentary Assembly of the Council of Europe (PACE) highlighted the issue of domestic workers in Western Europe. The problematic conditions are exacerbated by differences in the legislation of Member States and the absence of a European- wide regulation on the matter. They often must work long hours for low wages and live in unsuitable conditions. Those who come from countries outside the EU are in an even worse situation because of restrictive sponsor-based immigration policies which link their visas to their employers. As a result, employers control the workers’ immigration status and ability to change jobs, and sometimes whether the worker can return home. The record number of refugees pouring into Europe (Ukrainians, most recently, and from Middle East eight years ago) are in danger of exploitation by traffickers, children being particularly vulnerable.

ECPM believes that the efforts to prevent and combat forced labour should be aimed at all parts of the supply chain, especially in those sectors that have a high risk of exploitation. All companies, regardless of whether they operate in one European country or transnationally and regardless of where the abuse takes place, should be held accountable in line with the UN Guiding Principles on Business and Human Rights.(21) In cooperation with the Member States, the EU could compile a list of companies which do not comply with legislation against forced labour. If their non-compliance is systematic, then they could face an EU-wide ban in the trading of their goods.

At EU level, the proposed Directive on Corporate Sustainability Due Diligence(22) should be strengthened to include downstream companies as well. EU large companies (SMEs are excluded) would be required to obtain contractual assurances from direct and indirect partners that no forced labour was used in the supply chain. The contractual assurances must be accompanied by appropriate measures to verify compliance. The EU should also set up a platform and coordinate the international exchange and cooperation based on ILO and Council of Europe expertise, with a view to sharing best practices to ensure decent work for domestic workers.

On the issue of domestic workers from Eastern European countries, EU Member States should work towards developing affordable and easily accessible complaint mechanisms, taking into consideration the needs of the domestic workers. Moreover, incentives and simplified procedures must be put in place for households which will enable them to formalize the employment of domestic workers. An example can be the employment cheques that have already been introduced in several Member States.

Sexual exploitation

According to the fourth European Commission report(23) (2022) on the progress made in the fight against trafficking in human beings, sexual exploitation continues to be the most prevalent purpose behind trafficking in the EU. Nearly three quarters of all victims in the EU were female (women and girls), predominantly trafficked for sexual exploitation. The United Nations Office on Drugs and Crime Global Report on Trafficking in Persons published in 2020(24) confirms the findings of the Commission report at a global scale.

There are different legislative approaches to prostitution across Europe. In some European countries, prostitution is legalised and regulated (Austria, Germany, Greece, Hungary, Latvia and Netherlands), while in others it is legal but unregulated (Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Italy, Luxemburg, Malta, Poland, Portugal, Slovakia, Slovenia, Spain). A second model is prohibition, either by punishing the prostitute (Croatia, Romania), punishing the client (France, Ireland, Sweden) or both (Lithuania).(25) The model practiced in France, Ireland and Sweden makes purchasing sexual services illegal, but there are protection measures in place for those who sell the services; this is called the Nordic Model and it is an approach which ECPM sees as beneficial. We base our position on long-term studies and data analysis from countries which decriminalized prostitution (The Netherlands, Germany) and which showed that 1. women continued to be at risk and in unsafe situations(26) and 2, human trafficking increased.(27) On the other hand, the countries that followed the Nordic Model (Sweden(28)) witnessed a decrease in the demand for sexual services over a decade and the legislation was acting as a deterrent to human traffickers.

We welcome and support the recent report adopted by the European Parliament in September 2023(29) which highlights some positive results from the implementation of the Nordic Model and admits at the same time that this approach “is not a fix-all solution to reduce demand”. It also brought up the insufficient budgeting for exit programmes which in some countries (e.g. France) increases the dangers for the persons trapped in prostitution and makes it harder to get out. We call on the Member States governments and public agencies to engage all actors in civil society and make establishing robust, well-funded exit programmes a priority.

The PACE report(30) adopted in 2014 called “Prostitution, trafficking and modern slavery in Europe”, in addition to supporting the Nordic Model, exit programmes and comprehensive legal assistance, also called for the banning of sexual services ads, including forms of disguised advertising. We fully support the report and call on the EU Member States to adopt and implement its recommendations.

The most important piece of legislation continues to be the 2011/36/EU Directive on Preventing and Combating Trafficking in Human Beings.(31) The Directive requires Member States to criminalize the use of sexual services if there is knowledge that the person is a victim of human trafficking. In December 2022, the European Commission published a proposal for a revision(32) of the 2011 Directive that will have to be approved by the Parliament and the Council. The updated wording calls Member States to make it a criminal offence using sex services provided by exploited persons. We welcome the updated wording and urge Member States to implement it.

Additionally, we encourage Member States to intensify awareness programs through media and in schools and work on eliminating stigma and shame for victims.

Finally, Member States should strengthen existing frameworks for identifying and referring potential victims of trafficking and ensure they get the needed support (National Referral Mechanisms) in accordance with the recommendations33 of the OSCE and the EU Anti-Trafficking Directive.