EU Anti-Trafficking Policies: from Migration and Crime Control to Prevention and Protection

Abstract

Trafficking in Human Beings (THB) emerged on the EU’s agenda in the mid-1990s. Since then, it has been the subject of increased media attention, intense political cooperation and much legal regulation. Despite three decades of commitment to maximizing co-operation in the fight against THB however, facts regarding prevention, prosecution and especially protection remain extremely discouraging. The upcoming adoption of the European Agenda on Migration therefore, which points to the “fight against criminal human trafficking networks” as one of its four priorities, is promising. It may mark the stepping up the EU’s efforts to implement the existing tools and cooperation in dealing with THB. Even more so, when the transitional period for the entry into force of the Lisbon Treaty’s provisions regarding Justice and Home Affairs expired in December 2014. This policy brief argues however, that even though the absence of internal borders renders a European approach indispensable, the management of migration flows from third countries is not an adequate framework within which to tackle THB. In fact, the incorporation of THB into the category of migration, especially irregular migration, is arguably one of the main reasons for the lack of success of EU anti-trafficking policies to date. A revision of EU anti-trafficking policies should ensure a more inclusive decision-making process, a focus on exploitation and not on the irregular crossing of borders, a harmonization of penalties and the guarantee that measures regarding protection are made compulsory, non-discriminatory, unconditional and adequate. Moreover, the root causes of THB must be addressed and this must include a review of the impact of EU migration laws themselves.