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Portugal

  • Generally
  • Excerpt from the questionnaire
  • Contacts

Generally

Flag of Portugal Flag of Portugal
Portugal
has, since 2007, a National Rapporteur in the issue of Trafficking in Human Beings. The National Rapporteur belongs to a national governmental department – Presidency of Council of Ministers - Commission for Citizenship and Gender Equality.
 
Being dependent of the Presidency of the Council of Ministers (governmental organism who tutelage the Commission for Citizenship and Gender Equality) it facilitates a boarding, transversal and including vision in terms of knowledge of the problem. This way it´s not circumscribed at only one area of intervention.
With effect, and based on Decree-in-Law no. 202/2006 dated 27th of October, the Presidency of the Council of Ministers is the central department of the Government that has for mission to give support to the Council of Ministers, to the First-Minister and to the other members of the Government integrated organically and to promote the coordination inter-ministerial of the diverse governmental departments.
 
Since the National Rapporteur is equally the coordinator of the 1st National Plan against Trafficking in Human Beings (2007-2010), it exists therefore a correspondence with the national referral mechanism. The NRM is an instrument with diverse components where we can detach the processes of identification of the victims of trafficking, and the cooperation between the Criminal Police Division and the NGO´s. It is conjugated equally in the creation of a shelter, specialized training, protection and social inclusion of the victims. Thus being, a National Plan against Trafficking in Human Beings is assumed as the most favorable context to establish this NRM.
 
Therefore, in virtue of the Coordinator of the National Plan being equally the National Rapporteur, such fact will allow to create synergies in the direction to promote a constant improvement of eventual gaps detected in the NRM.
 
Being dependent of the Presidency of the Council of Ministers (governmental organism who tutelage the Commission for Citizenship and Gender Equality) it facilitates a boarding, transversal and including vision in terms of knowledge of the problem. This way it´s not circumscribed at only one area of intervention.
 
With effect, and based on Decree-in-Law no. 202/2006 dated 27th of October, the Presidency of the Council of Ministers is the central department of the Government that has for mission to give support to the Council of Ministers, to the First-Minister and to the other members of the Government integrated organically and to promote the coordination inter-ministerial of the diverse governmental departments.
 
The budgetary incumbencies are supported by endowments proceeding from the Commission for Citizenship and Gender Equality and from the General Secretary of the Presidency of the Council of Ministers, as stipulated in the Resolution of the Council of Ministers no. 81/2007 dated 22nd of June.
The fact of the National Rapporteur being equally the Coordinator of the 1st National Plan against Trafficking in Human Beings, is assumed as an important aspect. With effect, the coordination of the National Plan is considered as an important instrument of acting in the combat of trafficking, always in narrow joint with the tutelage.

Excerpt from the questionnaire

9. What are the main tasks and responsibilities of the National Rapporteur in your country?
To become related with foreign and international similar entities at the level of the THB.
  • 9.1. Monitoring and analyses of the situation, trends and possible threads.
  • 9.2. Collection of data on THB.
    • 9.2.1.There is a central collection of a statistical data on THB and the data is received from various stakeholders.
      Yes.

      Following a structured methodology, presently, the body that is collecting and storing THB data at the national level is the Directorate-General of Internal Affairs – DGAI - (Ministry of Internal Affairs), through its monitoring system. 

      The data is used for the following purposes:
      1)     Statistical analysis
      2)     Geo data analysis (geographic information system)
      3)     Investigation
      4)     Reports (in the near future published by DGAI. Its methodology is in development, but it will be produced both in paper as well as in electronic format)

      The data – in the sequence of the monitoring purposes – it is thought to be disseminated in several levels: from the public sphere up to governmental level in order to support political decisions and future orientations.

      Recently, the decree-Law n.º 229/2008, D.R. n.º 231, 1st series, of November, 2007, as approved the development of the foreseen Observatory on Trafficking in Human Beings (as specified in several international as well national documents, as, for example, in the 1st National Action Plan).

      In the dependency of the Ministry of Internal Affairs, and in close articulation with the Coordinator of the 1st National Plan against Trafficking in Human Beings, the Observatory is installed in DGAI. Its mission is the production, collection, treatment and dissemination of data and knowledge as to THB and other forms of gender violence. Its attributions are:

      1) to produce and collect data on THB and other forms of gender violence;
      2) to promote the development of informatics technologies that acts as support to the data collection and treatment of information;
      3) when asked to, to support political decision in this area. 
      • 9.2.1.1. If yes, please provide information on the nature of the stakeholders. (E. g. Ministry of Justice, Police, Labour Inspectors, Embassies, NGOs, etc.).
        DGAI is collecting data through law enforcement agencies (criminal divisions of the Border Service, Judicial Police, Public Security Police and National Republican Guard) and some NGOs, and thus supply the monitoring system put into place on THB signalised cases. This system has other sources (criminal and non-criminal), like media clipping.

        The method is done by using two unified form applications: one used by the 4 law enforcement agencies[1] and the other by the Multidisciplinary team working in the first Centre for trafficking victims[2]

        In what refers to “Guia Unico de Registo –GUR”, DGAI has given training to law enforcement officers. The main results demonstrate that they considered to have gained the necessary technological knowledge to operate the application (found it simple and accessible) considering it as most relevant having an instrument shared by all agencies.
        The contents were:
        1)      Overview of the process
        2)      Presentation of the monitoring system and its work flow
        3)      Presentation of levels of access
        4)      Functionalities
        5)      Statistical potentialities
        6)      Products developed by using Geographical Information Systems 

        We are currently discussing the necessity of other training actions.

        Some local/national NGOs and public bodies have developed and/or used some types of systems and tools for data gathering. Nonetheless, a previous study has shown that although there are some procedures, they cannot be understood as a structure, systematic and reliable data collection system. Presently and along with other partners we are developing a cooperation protocol to establish and consolidate a Network for Victims Support and Protection. This will allow the incorporation of the Model of Signalization, Identification and Protection of THB victims (design by the Commission for Citizenship and Gender Equality in the framework of CAIM Project). In the 1st phase (signalizing) the entities will formally adopt the guide, and send the data to the monitoring system.

        In terms of judicial statistics it is the Directorate-General of Judicial Politics (Ministry of Justice) that collects data (data providers are law enforcement – reported crime – and court sentences).

        Thus, the primary stakeholders of the monitoring system are: the ministry, law enforcement agencies, the Coordinator of the 1st Action Plan, the multidisciplinary team, registered NGOs, governmental officials and other relevant actors, such as university centres, public and private bodies (e.g. embassies) and the public in general.

        During 2009, DGAI will implement an up-grade to this system: the development of 2 databases (one directed to THB victims and another to traffickers and criminal justice). This means working with new and revised indicators as well as new stakeholders and data providers. This is the main objective of a transnational project, co-ordinated by DGAI, named ‘Trafficking in Human Beings: Data Collection and Harmonised Information Management Systems-DCIM EU’, co-financed by the European Commission’s Programme “Prevention of and Fight against Crime”

        In close collaboration with ICMPD, the Dutch Rapporteur, Nexus Institute, and On the Road Association (besides a panel of experts), the objective of this project is to contribute to harmonization, improved quality as well as reliability of data related to trafficking in persons in the participating countries in the areas of prevention, protection and prosecution. In order to achieve this goal, a transnationally applicable set of commonly accepted and comparable indicators for data collection, will be developed. Based on these agreed indicators the project will also develop an innovative software which will be tested during a pilot phase in Portugal. Additionally, to support the effort of the participating countries in their data collection, a Handbook on Harmonised Criteria to Collect Data on THB will be drafted and published. The results and lessons learned from this pilot phase will be shared with the remaining partners (Poland, Slovakia and Czech Republic).  
    • 9.2.2. Is some of the data collected directly by the National Rapporteurs office? (E. g. personal data on the following).
      • 9.2.2.1.  victims
      • 9.2.2.2.  investigated persons
      • 9.2.2.3.  convicted persons
      • 9.2.2.4.  any other relevant data 
        The data collected, stored and analysed as described above is from the responsibility of DGAI and in close collaboration with the identified data providers. 

        The data collected in GUR as well as in GS is disaggregated in both cases, and it is primarily a victim-centred data.

        The indicators used in GUR (and some in GS) are:

        1) Data about the location of the alleged victim (the same data collected by the GS)
        2) Data about the alleged victim
        3) Data about the mobility and the forms of coercion on the alleged victim
        4) Data about referral to support mechanisms
            Organization and results (amongst others)

        In relation to perpetrator-centred data in GUR, the data collection refers to nationality.

        In the GS form we can find extra data related to alleged perpetrator – within this group it is divided in collectors and exploitateurs, with several indicators.
  • 9.3. Coordination of anti-trafficking activities on a national level.
    As the organization responsible for the implementation of the measures given to the Ministry of Internal Affairs, DGAI coordinates the anti-trafficking activities (at a national level) mentioned in the 1st National Action Plan.

    This activity in done in close cooperation with an interministerial group, with representatives of the 4 law enforcement agencies.

    In terms of the 2008 activities and amongst others, we consolidate the monitoring system. Previously built to observe trafficking in women for sexual exploitation (framed by the 1st national project on THB), the scope of monitoring was enlarged to observe other forms of THB.

    New activities are being planned for 2009, framed by the Action Plan as well as other type of initiatives. 
  • 9.4. National Reports. 
    • 9.4.1.Annual reports.
      Necessarily linked to data collection, is the important feedback provided to the stakeholders. So, if one of our goals is to use data as a source of information to aid strategic planning (both in prevention, protection and combat against THB) dissemination actions, are crucial.

      For this reason, DGAI has the responsibility to write and disseminate the information. 

      At the moment, we are articulating and preparing the first report (on signalized cases of THB during 2008).

      Depending on the type of information (public or with some levels of confidentiality) access is going to be dual:
      • By accessing (through previous registration) to the monitoring system (website – intranet) 
      • By accessing to our website (internet).
    • 9.4.2.Reports based on a longer period. Please describe period length and state why this specific period of time was chosen.
      As mentioned before, we are preparing the 1st report. In the future, the period of time between reports will be discussed. Nonetheless, this type of report is understood as a contextual, statistical, criminal and sociological reflection on the data analyzed.

      Until now, partial statistical reports are possible for law enforcement (existence of queries in the database) which has allowed an up to date overall perception of the signalized cases register on the database and validated by the law enforcement working group.    
  • 9.5. Preparation and evaluation of the National Action Plans.  
    • 9.4.3.To whom are the above mentioned documents submitted?

      In the preparation phase, this document was submitted to a public consultation and all the relevant actors (both from the public sector and private sector (ONG)) give contributions to the plan that was coordinated by Presidency of Council of Ministers. 
    • 9.4.4.    Who approves these documents?
      The Council of Ministers.
    • 9.4.5.    Who enforces the actions stipulated by the documents?
      All of the entities mentioned and responsible or co-responsible for its implementation.

      As mentioned previously DGAI as the responsibility to enforce the actions stipulated to the Ministry of Internal Affairs.
  • 9.5. International cooperation in the majority of the above mentioned areas.
    Amongst the transnational project Trafficking in Human Beings: Data Collection and Harmonised Information Management Systems-DCIM EU, the cooperation in constituted by:
    1) Ministries of Interior of Poland, Chez Republic and Slovakia (countries partners)
    2) ICMPD, the Dutch Rapporteur, Nexus Institute, and On the Road Association (project implementation entities)
    3) Austrian Ministry of Interior, European Commission, IOM Geneva, OSCE, UNODC, EUROPOL and Terre des hommes (Hungry) (advisory board).
 Other Projects concerning THB, are being developed namely by The Commission for Citizenship and Gender Equality, in the framework of European Funds.
 
[1] The form is called Guia Único de Registo (GUR) – translation into English “Unified Registration Form”
[2]The form is called Guião de Sinalização (GS) – translation into English “Signalization Guide”

Contacts

Contacts:
 
Manuel Albano
National Rapporteur for Trafficking in Human Beings
Commission for Citizenship and Gender Equality
Rua Ferreira Borges, 69 – 2ºC
4050- 253 Porto - Portugal
Telephone: +351 222074370
Fax: +351 222074398
 
 

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