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France

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So far, France has neither appointed a national rapporteur, nor created other adequate mechanisms which would, in line with Article 29 of the Council of Europe Convention on Action against trafficking in human beings of May 16, 2005, „monitor activities to combat trafficking in human beings“ and „implement national legislation“ in the given field.
 
Nevertheless, France is fully aware of the importance of prevention. Trafficking in human beings poses a big threat to the entire country and that is why some of the questions below we answered different government ministries: 
  • Combating the crime of trafficking in human beings: the Ministry of Interior (Office for the Prosecution of Trafficking in Human Beings (l’Office Central pour la Répression de la Traitre des Etres Humains – OCRTEH)), Office for the Prosecution of Illegal Labour (l’Office Central de Lutte contre le Travail Illégal –OCLTI)), and Office for the Prosecution of Illegal Migration and Employment of Illegal Aliens (l’Office Central pour la Répression de l’Immigration irrégulière et de l’Emploi d’Etrangers Sans Titre – OCRIEST)). 
  • Assisting victims of trafficking in human beings: the Ministry of Interior (Department of victim support – DAV), the Ministry of Justice (Department of Access to Law and Justice and of Victim Support – SADJAV), the Ministry of Labour, Social Affairs, Family and Solidarity, and the Ministry of Housing and Urban (General headquarters for social affairs -DGAS), in cooperation with NGOs such as ACcueil-SEcurisant (Ac-Sé) financed by the General Headquarters for Social Affairs (DGAS) and the Committee against all forms of new slavery financed by various ministries.

The French penal code, namely the Act No. 2003/239 on Internal Security of March 18, 2003, qualifies trafficking in human beings as a crime pursuant to the ratification of the UN Convention on International Organized Crime of (Articles 225.4.1 to 225.4.9 of the Criminal Code). Prior to this date, trafficking in human beings had been prosecuted under various sections of the Criminal Code.

The introduction of a „national rapporteur“ is imperative since it stems from the French international obligations and clearly reacts to the need of enhanced cooperation and coordination of activities on both national and international level.
 
France has adopted several initiatives targeted at better understanding of various forms of trafficking in human beings and at stricter prosecution of this crime:

  • In 2003, the Deputy Minister in of Social Affairs, Labour, and Solidarity in charge of equal opportunities and professional equality established an interagency group for combating sexual exploitation;
  • Since 2003, France has an interagency pilot committee of Accueil-Sécurisant, an organization supported by the Ministry in of Social Affairs, Labour, and Solidarity and established by a number of dedicated NGOs. 
  • On December 2, 2008 the Ministry of Justice, together with the Ministry of Interior, established a multidisciplinary working group to protect and assist victims of trafficking in human beings. This group brings together representatives of the main ministries (Ministry of Justice, Ministry of Interior, Ministry of Defence, Ministry of social affairs, labour, and solidarity, ministry of foreign and European affairs, ministry of Migration, Integration, and National Identity and Office of the Secretary General for Solidarity), representatives of international organizations (IOM, EU) as well as representatives of dedicated NGOs.

The above working group, chaired by the Department for victim support (DAV) and the Department Victim Support (DAV) and the Department of Access to Law and Justice and of Victim Support (SADJAV), focuses on the following:

  •  Detection of victims and determining their status
  • Provision of a wide spectrum of assistance to the victims
  • Coordination of financial support dedicated to prevention activities
  • International database

The goal is to draft a national plan of combating trafficking in human beings which would by fully in line with the French international obligations, primarily with the following:

  • The UN Convention against transnational organized crime and on prevention, suppression, and prosecution of trafficking in human beings, especially in women and children, which was signed by France on December 12, 2000 and which entered in force (in France) on May 27, 2004;
  • The Council Directive No. 2004/81/EC of April 29, 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities;
  • The Council of Europe Convention on Action against trafficking in human beings of May 16, 2005, signed by France on May 22, 2006 and in force as of May 1. 2008;

Activities of this group in 2009 will focus on a draft proposal to the government concerning appointment of bodies to coordinate, on the national level, all anti-trafficking activities. Such exercise will be an important step on the way to the appointment of a „national rapporteur“.

France is planning to establish a dedicated department to: 

  • Improve coordination of all bodies involved in combating trafficking in human beings and assisting victims;
  • Optimise all available resources and capabilities in order to avoid duplicity;
  • Facilitate exchange of information;
  • Be a spokesperson for individual activities;
  • Facilitate introduction and monitoring of various obligations and initiatives;
  • Maintain a database dedicated to the issue of trafficking in human beings.

As to the support provided by the European Institutions, such support is highly needed and welcome. France assigns a lot of importance to all activities, which are currently undergo in the field of combating trafficking in human beings (the implementation of the European Action Plan, revision of 2002 Framework Decisions related to trafficking in human beings and the decision of 2003 concerning sexual exploitation of children). France has requested a European trafficking in human beings database as well as continuous EU financial support to the Member States. 

France is also very positive about the European network of national raporteurs. It is highly advisable to appoint a „European rapporteur“ to combat trafficking in human beings, the office of which would be in charge of coordinating activities of individual „national rapporteurs“ and of supporting the „European network of national rapporteurs“.

 

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