VZCZCXRO7796
PP RUEHAG RUEHDF RUEHLZ
DE RUEHRL #2015/01 3090930
ZNR UUUUU ZZH
P 050930Z NOV 07
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC PRIORITY 9693
INFO RUCNFRG/FRG COLLECTIVE

UNCLAS SECTION 01 OF 03 BERLIN 002015 
 
SIPDIS 
 
SIPDIS 
DEPT FOR EUR/AGS, EUR/PGI, DRL/IL, G/TIP, INL/HSTC, AND PRM 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC PGOV GM
SUBJECT: TIP - UPDATE ON GERMAN EFFORTS TO COMBAT 
TRAFFICKING IN 2007 
 
 
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Summary 
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¶1. In 2007, Germany's counter-TIP campaigns and awareness 
raising programs brought together high-level decision makers 
and NGOs.  As a result of strengthened legislation penalizing 
labor exploitation, NGOs and government officials are 
starting to focus on improving awareness and counseling in 
this area.  The Federal Cabinet adopted Germany's second 
Action Plan Action to Combat Violence against Women, a 
comprehensive interagency plan that contains measures to 
prevent and protect women from a wide range of violence, 
including forced marriage, trafficking, and other forms of 
exploitation.  End Summary. 
 
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Awareness Raising Programs 
-------------------------- 
 
¶2. The government-funded Friedrich Ebert Foundation in 
cooperation with the German Federal Ministry of Labor and 
Social Conference Affairs held a workshop on effective 
strategies against Labor Trafficking April 19-20 in Berlin. 
Approximately 200 participants attended, including 
representatives of the federal and state governments, the 
International Labor Organization (ILO), political parties, 
unions, and both national and international NGO's involved in 
combating human trafficking.  The aim of the conference was 
to present and discuss different aspects of social inclusion 
of trafficked persons and their relevance in combating human 
trafficking. 
 
¶3. Ernst Kreuzaler, Deputy Director General for International 
Employment Policy of the Federal Ministry of Labor and Social 
Affairs, stated Germany has addressed the issue of 
trafficking mainly in the context of forced prostitution. 
While trafficking of labor migrants accounts for at least 25 
percent of all cases of trafficking worldwide, Kreuzaler 
said, labor trafficking has not received much public 
attention.  Although Germany introduced measures specifically 
criminalizing labor trafficking in 2005, he said, German 
authorities still lack reliable data on the actual scope of 
forced labor.  Kreuzaler said that the German Federal 
Government is in the process of setting up a new national 
agency/office to coordinate law enforcement activities of the 
various authorities involved in combating trafficking, labor 
migration, and clandestine labor. 
 
¶4. On June 13, members of the Federal Parliament (Bundestag) 
together with a number of NGOs held a conference on 
trafficking in Berlin.  Speakers included the vice president 
of the Bundestag and several parliamentarians, as well as 
Hiltrud Breyer, a German member of the EU parliament and an 
adamant advocate of counter-TIP initiatives at the EU level. 
Family Ministry Director for the Protection of Women from 
Violence Birgit Schweikert applauded the U.S. T-visa program 
and called on the Bundestag to adopt a similar instrument in 
Germany.  NGOs and the Family Ministry representative called 
for more funding for TIP victims. 
 
¶5. The Federal Association of Counseling Centers for Women is 
conducting a national campaign "Standpoints 2007 ) For a 
Violence-Free Life for Women."  Federal Family Minister 
Ursula von der Leyen serves as the campaign's patron.  The 
campaign calls on politicians, media representatives, and 
other public figures throughout Germany to make statements 
about the issue which are then published on the internet. 
 
¶6. In November, the government-funded Association against 
Trafficking in Women and Violence against Women in the 
Migration Process (KOK), which represents 37 TIP counseling 
centers and NGOs in Germany, will hold its annual member 
meeting with a focus on labor exploitation, including an 
analysis of the legal situation and sharing of best practices 
on counseling approaches. 
 
¶7. Publications.  In October 2007, the Family Ministry 
published an English version of the 2007 evaluation of German 
legislation enacted in 2002 to improve the legal and social 
situation of prostitutes.  A copy has been pouched to G/TIP. 
The Family Ministry also published a 60-page brochure 
available online listing benefits and services available to 
TIP victims in Germany.  The publication is designed to 
explain to counseling centers and authorities the benefits 
that are available under German law and how to help victims 
apply for them.  The Family Ministry has also published 
guidelines developed by the Federal-State Interagency Working 
Group on Trafficking that offer standardized modules for 
TIP-related training for police, counseling centers, 
prosecutors and judges and other authorities.  The modules 
 
BERLIN 00002015  002 OF 003 
 
 
include training on victim identification techniques and best 
practices.  The KOK also completed a study recommending the 
establishment of national TIP rapporteurs and a study on the 
situation of labor trafficking in Germany. 
 
------------------------ 
Law Enforcement Measures 
------------------------ 
 
¶8. Annual TIP Report ) Law Enforcement Statistics.  In 
August 2007, the Federal Office of Criminal Investigation 
(BKA) published its annual TIP Report, which includes 
statistics for the year 2006 on investigations, victims, and 
traffickers.  According to the report, police concluded 353 
investigations against traffickers in 2006, 11 percent more 
than in 2005 (317 investigations).  The majority of TIP 
investigations included investigations for other crimes, such 
as alien-smuggling, violent crime, etc.  The report also 
noted that only five of the 33 TIP investigations launched 
during the 2006 Soccer World Cup were actually related to the 
event.  The report concluded that increased police presences 
and controls during the World Cup, as well as NGO awareness 
campaigns, helped to prevent an increase in TIP victims 
during the four-week, nationwide event. 
 
¶9. Ninety-four percent of TIP victims identified in 2006 came 
from countries in Europe.  In 2006, the number of Polish 
traffickers and victims doubled.  In 2006, 775 TIP victims 
were registered compared to 642 victims in 2005 (an increase 
of 21 percent).  The increase in victims corresponds to the 
increase in TIP investigations.  Twenty-three percent (181) 
of victims in 2006 were German nationals, compared to 34 
percent (115) in 2005.  In 2006, the largest number of 
foreign victims identified came from the Czech Republic (155 
victims compared to 11 victims in 2005), due primarily to two 
large-scale investigations involving Czech victims.  Eight 
percent of all registered TIP victims were under the age of 
eighteen.  The report also notes that solid statistics 
regarding labor exploitation do not exist yet due to the fact 
that the relevant provisions in the Penal Code are relatively 
new. 
According to the report, the actual number of victims 
continues to be much higher than the number of victims 
identified.  The report also states it will become more 
difficult to identify TIP victims as the result of the 
ongoing opening of EU internal borders. 
 
¶10. The BKA continued to expand and strengthen bilateral law 
enforcement and judicial cooperation against child sex 
tourism, particularly in Southeast Asia.  The BKA played an 
instrumental role in capturing a fugitive Canadian pedophile 
who had committed multiple crimes over the course of several 
years.  The BKA was able to de-code digitally-altered photos 
of the criminal which he had posted on the Internet. 
Interpol published the BKA photos, which led to the suspect's 
identification and arrest. 
 
--------------------------------------------- --- 
Legislative Developments and Government Programs 
--------------------------------------------- --- 
 
¶11. Expanding Investigative Tools.  The Bundestag is 
currently debating a bill to amend and harmonize the 
telephone surveillance law in accordance with EU law and to 
adapt provisions to Federal High Court decisions.  Current 
legislation allows police to tap telephones in serious human 
trafficking cases.  The draft legislation allows for 
telephone surveillance with regard to all trafficking crimes, 
including labor exploitation, as well as aiding and abetting. 
 
¶12. Immigration Law.  In August 2007, Germany adopted 
amendments to the immigration law to implement EU Council 
Directive 2004/81/EC on the issuance of residence permits 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 and who cooperate with the 
competent authorities."  The draft law formally codifies the 
practice of granting victims a 30-day "reflection period," 
which was previously granted based on the basis of federal 
immigration regulations, vice federal statute.  The Family 
Ministry and NGOs applauded the changes but criticize some 
aspects of the legislation for not being sufficiently 
far-reaching, especially with regard to immigration benefits 
and social services and benefits for TIP victims. 
 
¶13. Federal Action Plan to Combat Violence against Women.  In 
September 2007, the Federal Cabinet adopted a new Action Plan 
to Combat Violence against Women, originally proposed and 
drafted by the Federal Family Ministry.  The Action Plan, 
which includes 130 measures to be implemented by a wide array 
of government agencies, updates and elaborates on the first 
 
BERLIN 00002015  003 OF 003 
 
 
Action Plan from 1999.  The plan places special emphasis on 
expanding inter-connecting counseling services for women 
affected by violence and on strengthening cooperation between 
authorities and NGOs.  The plan also focuses on improving the 
protection of migrants and lists numerous development 
projects abroad.   Among the mandated measures, the Action 
Plan requires the government-funded KOK to publish a book on 
the status of trafficking in Germany.  The Action Plan also 
requires the BKA and the Family Ministry to publish 
guidelines on how to deal with traumatized victims of 
trafficking and forced prostitution in order to ensure that 
police, judicial authorities, immigration officials, and 
welfare authorities are sensitized to the unique needs of 
trafficking victims and that authorities treat victims 
appropriately. 
 
¶14. Additionally, the Action Plan requires prevention 
measures and efforts to raise awareness within the German 
armed forces.  According to the Action Plan, training for 
military personnel in advance of deployments abroad, 
including UN and other peacekeeping deployments, already 
includes sessions focused on sexual exploitation and abuse 
and other human rights issues.  Unit commanders also receive 
special training on trafficking, including how to sensitize 
their subordinates to monitor and enforce compliance with 
relevant rules and regulations.  In April, under Germany's EU 
presidency, Germany and Hungary conducted the first EU 
internal training on gender sensitivity, including 
trafficking, for personnel participating in European Security 
and Defense Policy (ESDP) missions. 
 
¶15. Sensitizing Judges.  The national Judges' Training 
Academy, which conducts trainings for judges and prosecutors 
throughout Germany, offered specific courses on how to handle 
international trafficking cases and organized crime in 2007. 
In 2008, the Academy will also offer training on domestic 
violence and child abuse, as well as how to deal with victims 
of sexual violence.  The courses are geared toward 
sensitizing judges and prosecutors.  The training program 
conforms to the new Action Plan requirements mandating 
sensitivity training for professionals who deal with cases of 
domestic violence.  The Action Plan requires the Federal 
Justice Ministry to continue to offer related training for 
judges in the future. 
 
¶16. International Agreements.  On October 25, Germany, along 
with other members of the Council of Europe, signed the 
Council of Europe Convention on the Protection of Children 
against Sexual Exploitation and Sexual Abuse.  Under the 
Convention, which takes into account new technology and 
methods used by criminals, sexual exploitation and abuse of 
children shall be penalized in each member state.  The 
Convention also requires stronger prevention measures. 
According to the Justice Ministry, Germany has already 
largely implemented the requirements of the Convention. 
Ministry officials do not expect that ratification will 
require significant new internal implementation measures. 
 
TIMKEN JR