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Germany

In Germany, trafficking in human beings constitutes a specific criminal offence. However, the definition the law gives of this practice is limited to the exploitation of another person's prostitution and does not take into account any form of economic exploitation.

The notion of 'economic slavery' is reduced to a breach of German labour laws. Indeed, only the labour laws sanction the exploitation of foreigners through work.

The notion of 'trafficking in human beings for the purpose of sexual exploitation' is defined in Germany's criminal code.

Article 180b, which addresses the issue of trafficking in human beings, sanctions the inducing or forcing of a person into prostituting him or herself by taking advantage of vulnerabilities or difficulties caused by his or her presence in a foreign country.

Article 181 defines serious trafficking in the following terms: first, as the inducing or forcing of an individual to prostitute him or herself; and secondly, as the engaging of an individual for the purposes of prostitution either by taking advantage of this person's vulnerability or through the use of force, violence, or any other form of fraudulent behaviour.

Other articles of the criminal code condemn situations inherent in trafficking conducted for the purpose of sexual exploitation, such as the exploitation of prostitution (article 180a), acting as a pimp (article 181a), abduction (article 177), sexual coercion (article 178), sexual abuse of a person incapable of self-defence (article 179), or the exploitation of child prostitution (article 180).

The German government considers the problem of trafficking in human beings as part of the fight against organised crime and illegal immigration. In principle, any immigrant judged to be illegal, including victims of trafficking, is deported. However, victims of trafficking are not systematically prosecuted, especially if they agree to co-operate with the courts.

In certain Lander, internal administrative texts allow victims four weeks to leave Germany. During this period, known as the Duldung, victims can decide either to make preparations for their departure or to lodge a complaint. If after four weeks they are still present in the country without having lodged a complaint, they are deported.

The lodging of a complaint authorises victims to stay in the country during the course of the ensuing legal proceedings (article 5 of the law concerning the residence of foreigners in Germany). But this authorisation does not take the form of an official residence permit; rather, it amounts to a postponement of deportation in the general public interest. Such a deferment depends upon the usefulness of the victim as a witness in the legal enquiry. Victims do not acquire the right to work, and nor are they eligible to receive assistance provided for by a federal law regulating social benefits. Such benefits can only be granted to victims by a law providing aid to asylum seekers, a social assistance package that is 20-25% less than that handed out under federal law.

Once a judgement has been made, victims must leave Germany. Article 54 of the law concerning the residence of foreigners provides for the granting of a permanent residence permit if it is judged that the victim/witness would risk his or her life by returning home. But this type of permit is only granted in a very few cases.

As a result of this situation, many victims simply disappear and live a clandestine life either in Germany or in another country that has signed the Schengen agreement. Others attempt to marry in order to stay on legally in Germany. However, a permanent residence permit is only granted after four years of marriage. And circumstances such as these undoubtedly make the victim vulnerable.

Certain Lander have set up special commissions to address the problems related to trafficking in human beings (Fachkommisssion Frauenhandel). These bodies bring together NGOs along with members of the police force, the legal authorities and social services departments. Their objectives are to co-ordinate activities related to problems of trafficking in women and to make recommendations to the government.

When a victim files a complaint and when the police judge that the victim is actually in danger, she may choose to take advantage of a protection programme. In Germany, victim assistance and protection is provided by social centres.