Human Trafficking and the infringement of the European Values

by Beniamin Lup
Jacques Delors was the president of the European Commission. Just before his term of office
expired, in 1992, he wrote a letter to the religious leaders across Europe pleading for them to
help recover the soul of Europe to help shape her future. Was the soul of Europe saved? Are
we still waiting for a response? Have you answered the call?
Jacques Delors wrote: If in the ten years ahead of us we do not succeed in giving Europe its
soul, a spiritual dimension, true significance, then we will have been wasting our time. That is
the lesson of my experience. Europe cannot live by legal argument and economic know how
alone. The potential of the Maastricht Treaty will not be realised without some form of
inspiration.1
The founding fathers of the European Union were certainly inspired by ideals/objectives that
transcended and values that animated legal and economic integration. One of them, Robert
Schuman, put it this way in 1958:
We are called to bethink ourselves of the Christian basics of Europe by forming a democratic
model of governance which through reconciliation develops into a community of peoples in
freedom, equality, solidarity and peace and which is deeply rooted in Christian basic values.
The European Union has been created as a supranational foundation to make war unthinkable
and materially impossible, and reinforce democracy. The Europe Declaration was a joint
statement issued by the Foreign Ministers of Germany, France, Italy, the Netherlands,
Belgium, and Luxembourg and it said that the Community marked the birth of the Europe as a
political, economic and social entity, reflecting the principles that Robert Schuman had
announced in the Schuman Declaration. It included the statement:
By the signature of this Treaty, the participating Parties give proof of their determination to
create the first supranational institution and that thus they are laying the true foundation of
an organised Europe. This Europe remains open to all European countries that have freedom
of choice. We profoundly hope that other countries will join us in our common endeavour.2
The founders of the European Union believed in these Values:
respect for human dignity
liberty
democracy
equality
the rule of law
Respect for human rights. 3

Summary Addresses by President Delors to Churches, European Commission, Forward Studies Unit, 14 May
1992.
2
Der Schuman Plan. Vertrag ueber die Gruendung der europaeischen Gemeinschaft fuer Kohl und Stahl, p21
Ulrich Sahm mit einem Vorwort von Walter Hallstein. Frankfurt 1951.
3
These values, which are set out in Article I-2, are common to the Member States.

As the Union grew and member states were added to the European family, the enemies
became active. Beside the economical and political challenges, social phenomenons became a
reason for concern.
Organized crime and networks of criminal structures were threatening the great plans for a
common and united entity.
Corruption and greed caused many people to harm others. The differences between the
judicial systems becane a reason for some to be concerned but for some it became a way to
take advantage of others.
Albert Einstein once said: It has become appallingly obvious that our technology has
exceeded our humanity. The fast development of technology was used by criminal
organizations to infrige every concept of humanity and freedom.
Surveys tell us that organized crime increases around the world like a plague.
The Global Report on Trafficking in Persons launched by the United Nations Office on Drugs
and Crime (UNODC) provides new information on a crime that shames us all.
According to this Report, the most common form of human trafficking (79%) is sexual
exploitation. The victims of sexual exploitation are predominantly women and girls.
Worldwide, almost 20% of all trafficking victims are children.
The EU Strategy towards the Eradication of Trafficking in Human Beings 20122016
contains thie reports:
Trafficking in human beings takes many different forms, and evolves with changing
socioeconomic circumstances. It targets women and men, girls and boys in vulnerable
positions. The latest estimates from the International Labour Organization of June 2012
covering the period 2002-2011 put the number of victims of forced labour, including forced
sexual exploitation, to 20.9 million at a global level4, with an estimated 5.5 million children
being trafficked. However, this estimate is also believed to be conservative. A lucrative form
of crime, trafficking in human beings generates profits of dozens of billions of euro5 for the
perpetrators each year. 6
Most people think that slavery is a crime of the past. However, this notion couldnt be any
further from the tragic reality of a well organized criminal activity which victimized more
than 30 millions women and children worldwide. As matter of fact, there are more people
being enslaved today than at any other time in human history. There are two distinct facets of
this modern slave trade: one concerns victims who are sold, bought and used as sex slaves, the
other one pertains to people exploited for labor purpose [...] Sophisticated criminal
organizations are exploiting a situation of despair created by a global system where human
beings are not much more than a resource and a commodity.7
4

International Labour Organization, ' ILO 2012 Global estimates of forced labour', June 2012. The report
states that human trafficking can be regarded as forced labour, and so the estimates captures the full
realm of human trafficking for labour and sexual exploitation (page 13).
5
Estimated global annual profits made from the exploitation of all trafficked forced labour are US$ 31.6 billion.
Of this, US$ 15.5 billion, that is 49 per cent, is generated in industrialised economies (in Patrick
Belser, Forced Labor and Human Trafficking: Estimating the Profits, Working Paper, Geneva,
International Labour Office, 2005).
6
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL,
THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
The EU Strategy towards the Eradication of Trafficking in Human Beings 20122016
7
Article: Human Trafficking: Modern Day Slavery by Gilbert Mercier, NEWS JUNKIE POST , 15 Feb 2012

Let's look at Human Trafficking and its consequences upon its victims, their families and
nations. Let's see how this once called in a title of a book, a crime so monstrous 8 became a
slavery of th emodern age. Lets see how our efforts to build an United Europe are infriged by
the organised crime. Lets see how the values Europe was fouded upon are attacked day by
day by this shameful phenomenon which tries to grow under our eyes.
Definitions of the phenomenon called Human Trafficking have been presented to us from
different sources. It has been described from legal, sociologic, religious, economical and
political perspective.
Different organizations came up with different definitions. The truth is that there is no
universally accepted definition of trafficking for sexual exploitation. The term encompasses
the organized movement of people, usually women, between countries and within countries
for sex work with the use of physical coercion, deception and bondage through forced debt.
However, the issue becomes contentious when the element of coercion is removed from the
definition to incorporate facilitating the willing involvement in prostitution.9
1. Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in
Persons defines Trafficking in Persons as the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent
of a person having control over another person, for the purpose of exploitation.
2. The United Nations defines human trafficking as the recruitment, transportation,
transfer, harbouring or receipt of persons, by means of the threat or use of force or other
forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a
position of vulnerability or of the giving or receiving of payments or benefits to achieve
the consent of a person having control over another person, for the purpose of
exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution
of others or other forms of sexual exploitation, forced labour or services, slavery or
practices similar to slavery, servitude or the removal of organs.10
The world slavery market adds 2 million new victims of Human trafficking every year. This
21st Century slavery ruins individual lives, families and nations. Europe is facing a growing
movement of organized crime related to human trafficking.
State Members write policies and spend a considerable amount of funds to prevent the crime
and to prosecute the criminals. Many NGOs spend thousand of hours in voluntary work to
counsel the victims and to rehabilitate them for reinsertion into the society. National
Institutions spend lots of funds to provide for the victims and for their families.
Sometimes it seems that thinks are out of control.
The European Union has developed mechanisms to be implemented into the legislation of the
Member States in order to prevent, slow down and/or to combat the criminal activity in this
area. Conferences, Resolutions, Seminars and Campaigns are all designated to stop the growth
of this form of modern slavery.
International bodies have addressed trafficking and counter-trafficking measures in a
8

Benjamin Skinner, A crime so monstrous, Free Press, New York 2009

http://en.wikipedia.org/wiki/Human_trafficking
10
http://www.gotquestions.org/human-trafficking.html
9

variety of declarations, resolutions and other instruments.

Universal Declaration of Human Rights, 1948.

Declaration on the Rights of the Child, 1959.
Vienna Declaration and Programme of Action of the World Conference on
Human Rights, 1993.
Declaration on the Elimination of Violence against Women, 1993.
Programme of Action of the International Conference on Population and
Development, Cairo, 1994.
World Summit for Social Development, Copenhagen, 1995.
United National General Assembly has, since 1993, adopted a series of
resolutions on the Trafficking in Women and Girls and on the Need to Adopt
Efficient International Measures for the Prevention, Eradication of the Sale of
Children, Child Prostitution and Child Pornography and on Measures for the
Prevention of Smuggling of Aliens.
The Economic and Social Council has adopted a series of resolutions, such as
the Resolution on Measures to Prevent Illicit International Trafficking in
Children and to Establish Penalties Appropriate to Such Offences (1996), the
Resolution on Action against Illegal Trafficking in Migrants, Including by Sea
(1998), the Resolution on Action to Combat International Trafficking in
Women and Children (1998), and the Resolution on Human Rights of
Migrants (1999).
Commission of Human Rights, since 1996 has adopted several resolutions on
Traffic in Women and Girls, on Contemporary Forms of Slavery and on
the Rights of the Child, whereby governments, intergovernmental and
nongovernmental organizations, and other bodies are called upon to continue and
develop new measures to combat trafficking in women and children. From the
office of the Secretary General and the office of the High Commissioner of
Human Rights several reports on Traffic in Women and Girls.
INTERPOL adopted in 1996 a resolution on Traffic in Human Beings and the
International Exploitation of Prostitution. This resolutions recommends a
multidisciplinary, cooperative approach regarding sharing of information and
other activities aimed to combat trafficking, exploitation of prostitution and
illegal marriages.

Steve Harvey, the Acting Head of Europols Operations Department Unit, states that the scale
of organized crime in the EU is considerable and that trafficking in human beings is one of the
most prevalent organized crime activities. The EU offers an attractive consumer base for
organized crime, with half a billion relatively affluent citizens, liberalized markets, an
enterprising business culture and freedom of movement facilitated by the Schengen
Agreement.
Steve Harvey underlines that an effective EU response should address the problem in a
holistic way, recognizing its transnational features and its growing complexity. A common
integrated architecture is required, promoting joint operations between the member states and
EU agencies against the highest priority threats, including trafficking in human beings.
Tackling human trafficking should not be seen solely as a domestic challenge for the member
states.
4

The investigation of human trafficking needs to recognize the almost ever present
international elements, and investigations should be seen as integral to the international efforts
to combat trafficking specifically and organized crime in general. (Steve Harvey, Final
Report 'Monitoring mechanisms in the fight against human trafficking' conference, The
Hague, Netherlands.
We will discuss some of the values European Union is built upon, and see how these values
are infringed in general by Organized Crime and in particular by Trafficking in Persons.
The official reports are just glimpses of what the reality of this phenomenon is.

In 2002, the International Organization for Migration estimated that as many as 20,000
women were trafficked from Romania each year; according to some estimates, 10-15% of
them are minors.
Between 2005-2007 female victims detected for being trafficked to Western Europe for
sexual exploitation was highest in Romania of all countries in Eastern Europe.
In 2008, Romanians were identified as victims of trafficking in 23 countries around the
world.
In 2009, The U.S. State Department reported in its Trafficking in Persons Report that
Romania is a source, transit, and destination country for men, women, and children trafficked
for the purposes of commercial sexual exploitation and forced labor. Romanian men, women,
and children are trafficked to Spain, Italy, Greece, the Czech Republic, and Germany for
commercial sexual exploitation, forced begging, and forced labor in the agriculture,
construction, and service sectors. Men and women from Romania are trafficked to Cyprus, the
Netherlands, Slovakia, Poland, Portugal, Belgium, and Turkey, Sweden, Hungary, and
Denmark for the purposes of commercial sexual exploitation and forced labor. Romanian
men, women, and children are trafficked within the country for commercial sexual
exploitation and forced labor including forced begging and petty theft. - U.S. State Dept
Trafficking in Persons Report, June, 2009
According to the 2011 US Trafficking in Persons Report, Romania is a source, transit, and
destination country for men, women, and children subjected to forced labor and women and
children subjected to sex trafficking. Romanian men, women, and children are subjected to
forced labor in agriculture and manufacturing, as well as some forced begging in Spain, Italy,
the Czech Republic, Greece, Finland, Israel, Germany, Slovenia, the United Kingdom (UK),
Cyprus, Australia, France, Belgium, and the United States. A large proportion of the children
forced to beg in Western European countries were Romanian victims of Roma ethnicity. Men,
women, and children from Romania are victims of forced prostitution in Italy, Sweden, Spain,
the Netherlands, the United Kingdom, Greece, Germany, Cyprus, Austria, Switzerland, Czech
Republic, Denmark, Brazil, Norway, Hungary, Slovenia, and France. Forced labor and sex
trafficking within the country claim Romanian men, women, and children as victims; this
includes forced begging and forced petty theft."

Every value of the European Union is clearly meant for the benefit of every person. Member
States are making efforts to ensure the social peace for the citisens of the EU. On the other
side, organized crime and Trafficking in Persons come against every value and infriges it.
Human Rights and Human Dignity
Deeply rooted in the Bible and in the Christian Tradition, the concept of Human Dignity
triggers the Concept of Human Rights. There can be no human right without the belief that
human beings are created with dignity. Human dignity originates from God and is of God
because we are made in Gods own image and likeness
Genesis 1:26-27 teaches that human life is sacred because the human person is the most
central and clearest reflection of God among us. Human beings have transcendent worth and
value that comes from God; this dignity is not based on any human quality, legal mandate, or
individual merit or accomplishment. Human dignity is inalienable that means it is an
essential part of every human being and is an intrinsic quality that can never be separated
from other essential aspects of the human person.
Freedom of Choice
The International Treaties are means through which individuals are guaranteed to be free to
make their own choices. The inner value of each person entitles individuals to be able to
choose and to bear the consequencess of their choices. Human Trafficking infriges the right of
persons to act based upon their own choice. Furthermore, victims are often punished to bear
the consequencess of someone elses choice (the criminal), sometime for a lifetime.
Freedom of Movement
Every day, scores of young women throughout the former East Bloc are lured by job offers
that lead to a hellish journey of sexual slavery and violence. Despite the barrage of warnings
on radio and TV, in newspapers and on billboards, desperate women continue to line up with
their naivet and applications in hand, hoping that, this time, they might just be in luck.
Once a person becomes a victim of human trafficking, his or her freedom of movement is
infriged.
Protection of Life
Life is the most precious gift given unto us as human beings. The oldest laws of the
humankind protected life. The Law of Moses given thousands of years ago clearly protected
life in all stages until the natural death. The Bible clearly speaks against murder, exploitation
and commerce with human beings.11 Human Trafficking infriges the Right to life and the
protection that the laws guarantees. Children and adults alike are robbed of their elementary
right to a decent life. All victims are abused and often they loose their lives. Their health and
life is endangered.
Equality
11

The Bible teaches that nobody should be exploited or damaged. Psalm 10 describes the wickedness of those
who entrap others and the Psalmist calls on God to intervene. This Psalm is as relevant now as it was when it
was written many years before the birth of Jesus.
Isaiah 42:22 But this is a people plundered and looted all of them trapped in pits or hidden away in
prisons. They have become plunder, with no one to rescue them; they have been made loot, with no one to say,
Send them back.
Joel 3:3 They cast lots for my people and traded boys for prostitutes; they sold girls for wine that they
might drink.

Nobody should consider himself of herself above other people in order to take advantage of
them. Adults and children, men and women are all equal in nature, value and dignity. They are
equally entitled to spiritual and physical development. Human trafficking steals peoples
deepest desire and hinderes their strongest dreams of succeding in life.
The European Court of Justice has ruled in specific cases:
Case Siliadin v. France (2005)
In 1994, a 15 year old girl (Siliadin) from Togo was taken to France under false pretext and
became an unpaid servant to various families (7 days/week, 15 hours/day). The European
Court of Human Rights (2005) acknowledged this as servitude. The following obligations for
States in general resulted from this case: states have positive obligations to adopt criminallaw provisions which penalise the practices referred to in Article 4 and to apply them in
practice. However, the Court was silent on operational measures(identifying situations,
prevention) and gave no attention to the subsequent position of Siliadin (residence permit,
social assistance).
Rantsev v. Cyprus & Russia (2010).
2001: a 20 year old girl (Rantseva) from Russia was brought to Cyprus on an artiste visa.
She abandons her work after three days and is found by the manager of the cabaret and taken
to the police station (with view to expulsion). The police refuse to detain Rantseva. The same
night she dies under strange circumstances. Rantsevas father complains against Cyprus and
Russia.
The European Court of Human Rights (2010) considers it unnecessary to identify whether the
treatment about which the applicant complains constitutes slavery, servitude or forced and
compulsory labour. Instead, the Court concludes that trafficking itself, within the meaning of
Article 3(a) of the Palermo Protocol and Article 4(a) of the Anti-Trafficking Convention, falls
within the scope of Article 4 of the ECHR. The Court rules that a comprehensive approach
is needed to combat trafficking, which includes measures to prevent trafficking, to
protect victims (incl. operational measures) and to punish traffickers.
Kawogo v. UK at the European Court of Human Rights.
2000: an 18 year old girl (Kawogo) is employed by Mrs A as a domestic help in Tanzania. In
2006 Mrs A brings Kawogo to the UK on a short-term domestic worker visa. Kawogo is left
behind with D family and becomes an unpaid servant (7 days/week, 15 hours/day). In June
2006 Kawogo escaped and on 22 June 2007 she went to the police. But the police did not start
an investigation because they rather considered it a civil matter. In January and April 2008
this was the same. In June 2008 the Employment Tribunal concluded that Kawogo was
extremely poorly treated, she was exceptionally vulnerable by reason of her age, background,
language and immigration status and was physically neglected and put in a state of fear.
Kawogos assertion that she had been treated as a slave was an uncomfortable but fairly apt
description. Kawogo was awarded 58,585.80 GBP against the Ds for unpaid wage etc. In
May 2009 she went again to the police, but no charges were brought under section 4 of the
Immigration and Asylum (Treatment of Claimants) Act 2004. The reason given was that
essentially they (the D family) did not commit the cross-border element. The Court is
willing to address the issue of trafficking in human beings and State obligations are
being elaborated. International instruments and NGOs are giving guidance and
individual access is effective.

Conclusion:
Human Trafficking is the most horible crime the world has known. It infriges every principle
and every value of any society and culture. It destroys lives of individuals, families and
nations.
As we consider these, we can not stand the challenge to act now.
Through the laws we elaborate and pass, we are all responsible to combat this monstruous
crime. Through our influence we are called to inform the world about the danger of this
phenomenon.
Through the actions we take we are called to pursue the goals which the founders of the
European Union once had: freedom for all, equality of all, dignity and responsibility.
Robert Schuman stated in his Declaration of May 9, 1950:
World peace cannot be safeguarded without the making of creative efforts proportionate to
the dangers which threaten it.12

Beniamin Lup este Jurisconsult, absolvent al facultii de Drept din Universitatea de Vest din Timi oara. Pe
lng titlul de Master n tiine Penale, acesta a absolvit cursurile de specializare n domeniul rela iilor
Internaionale la Institutul Diplomatic Romn.
Din anul 2003, acesta conduce Organizaia Internaional WorldTeach, care se ocup de domeniile educa ie,
juridic, umanitar i spiritual n Europa i n lume.
Este Secretar al Bordului Christian Political Foundation for Europe i particip la lucrrile diferitelor comisii ale
Parlamentului European, promovnd valorile cretin democrate n politica Statelor Membre ale Uniunii
Europene.
A publicat n diferite cri i reviste internaionale cum sunt: Christianity Today (2009), Stand Firm (2010), Walk
Thru the Bible Magazine (2011), Daily Walk (2012), Cordial Lex (2012), Indeed (2013), Cambridge Scholars
Publishing (2014), Editura Didactic i Pedagogic R.A (2014), i altele.
n domeniul juridic a oferit diferite interviuri i public diferite articole legate de Prevenirea i Combaterea
Traficului de Persoane.
Este un vorbitor apreciat la diferite Conferine Internaionale i pred ca lector n cadrul a diferite seminarii n
ar i strintate.

12

http://www.robert-schuman.eu/declaration_9mai.php