The implementation of the Directive on Trafficking in Human Beings (Directive 2011/36/EU) during the reporting period is welcomed. The new law criminalises all forms of exploitation established in the directive (Sections 232 of the German Criminal Code, StGB). The German Code of Criminal Procedure (Section 154c Paragraph 2 StPo) and German Youth Court Act (Sections 45, 47 JGG) permit the abandonment of prosecution against a victim of criminalised human trafficking, and termination of the proceedings. Under the German Residency Act, victims of human trafficking may be granted residency in Germany (Sections 23a, 25, 26 AufenthG). Both aspects are, however, a matter of discretion, and still require the underage victim of human trafficking to give testimony in court.
- The National Coalition Germany recommends that the UN Committee call on the German federal government to
- 138. Establish a binding legal regulation that refrains from punishing underage victims of human trafficking for acts committed through exploitation;
- 139. Not make the granting of a residence permit contingent upon whether or not a person testifies as a victim;
- 140. Establish training for authorities, the justice system, child and youth support facilities, and specialist counselling centres in relation to the EU directive on preventing and combating trafficking in human beings, to implement this, and to inform affected parties of their rights in a manner appropriate to their age;
- 141. Ensure authorities recognise the expertise of specialist counselling centres for victims of human trafficking in terms of them being able to officially identify affected parties, and to ask the law enforcement agency to confirm that the person is a victim of human trafficking;
- 142. Facilitate a well coordinated, transnational cooperation between appropriate authorities and relevant players once the affected parties have been identified;
- 143. Grant specialist counselling centres for persons affected by human trafficking steady financing and broadened mandates to expand their human-trafficking task area to also include child trafficking ;
- 144. Present a comprehensive strategy to combat the trafficking and exploitation of children, and implement the federal ‘Protection and aid in cases of child trafficking and exploitation’ cooperation scheme.