• Friday, 10 May 2024

GRETA: Legal framework to combat human trafficking improved, better implementation needed

GRETA: Legal framework to combat human trafficking improved, better implementation needed

Strasbourg, 24 March 2023 (MIA) - The Group of Experts on Action against Trafficking in Human Beings (GRETA) published an evaluation report on Friday in which it welcomes North Macedonia's progress in the development of the legal framework to combat human trafficking, but urges for its better implementation in terms of access to justice and effective remedies for victims of trafficking in human beings.

 

Based on GRETA's evaluation visit to the country in MARCH 2022, as well as information from authorities and the civil society, the report notes that the number of formally identified victims of trafficking has been low (between two and nine per year), except for 2021 when 39 victims from Taiwan were identified, and there has been a shift to labour exploitation as the predominant form of exploitation. 

 

Improvement to the legal framework includes the 2018 Law on Foreigners, as well as the Law on the Payment of Monetary Compensation to Victims of Violent Crimes adopted in November 2022. GRETA also welcomes the designation of the Office of the Ombudsman as National Rapporteur on Combating Trafficking in Human Beings.

 

Despite the existence of legal provisions in North Macedonia for the legal assistance to victims of human trafficking, GRETA notes that they lack clarity and there are gaps in their application in practice. GRETAurges the authorities of North Macedonia to ensure that the legislation provides a clear basis to provide legal assistance as soon as there are reasonable grounds for believing that a person is a victim of
trafficking.

 

GRETA considers that the authorities should strengthen effective access to the labour market for victims of trafficking and their economic and social inclusion through the provision of vocational training and job placement, raising awareness amongst employers, and the promotion of micro-businesses, social    enterprises and public-private partnerships.

 

GRETA commends the efforts made to overcome shortcomings in investigating and prosecuting human trafficking offences, including the setting up of a National Unit for Combating Trafficking in Human Beings and Smuggling of Migrants (Task Force). There has been an increase in the number of convictions compared to the previous evaluation period. However, in most of the child trafficking cases and in all adult
trafficking cases examined by GRETA, the sentences were well below the statutory minimum. 

 

 

The Council of Europe's Group of Experts on Action against Trafficking in Human Beings urges the authorities to strengthen the human, financial and technical capacities of law enforcement agencies
to enable them to proactively investigate human trafficking offences, making use of all possible evidence,
including evidence gathered through special investigative measures, financial and digital evidence.

 

 

The report also examines progress made on the implementation of previous GRETA recommendations  on selected topics. While welcoming the steps taken to train labour inspectors and raise awareness about labour exploitation, GRETA urges the authorities of North Macedonia to ensure that the Labour Inspectorate has a clear mandate and adequate human and financial resources to carry out inspections with a view to preventing and detecting cases of human trafficking for the purpose of labour exploitation.

 

             

GRETA welcomes the revision of the Standard Operating Procedures for Treatment of Victims of Trafficking in Human Beings and the work of the five mobile teams for the identification of vulnerable persons, including THB victims. However, GRETA urges the authorities of North Macedonia to strengthen the identification of victims of human trafficking, including by involving the Police Unit for Combating Human Trafficking in joint inspections with the Labour Inspectorate and in the raids conducted by other police units on premises where victims of human trafficking are likely to be detected.

 

 

GRETA remains concerned by the lack of adequate accommodation for children who are victims or potential victims of trafficking. GRETA asks the authorities to ensure that child victims of THB benefit from specialised accommodation and services, and strengthen the capacity and human resources of the Centres for Social Work to enable them to play an active role in preventing child trafficking, detecting child victims of human trafficking and assisting them.

 

 

The Group of Experts on Action against Trafficking in Human Beings (GRETA) is an independent body whose task is to monitor the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings.