CHAPTER 11
France
We need money, we need food. We can live in Romania, but we have no job and in this village each family has about 10 kids. We are members of the European Union and we have rights.
—IIORDAN MARIAN, A ROMA FORCIBLY EXPELLED FROM FRANCE
In March 2003 human trafficking was made an offense in France under the Internal Security Law. The nation prohibits trafficking for the purposes of forced labor or sexual exploitation via Article 225-4-1 of the Penal Code (CRC, 2009). Those found guilty face up to 7 years’ imprisonment and a fine of $209,275 for trafficking an adult and up to 10 years’ imprisonment and a fine of $2.1 million for the trafficking of a minor. This can be increased to life imprisonment (French Republic, 2005; UNODC, 2009a). Authorities also utilize other articles of the Criminal Code to prosecute trafficking offenders, such as soliciting prostitution and subjection to working and living conditions that are incompatible with human dignity (UNODC, 2009a).
Nevertheless, immigrant and Roma populations, which are particularly vulnerable to human trafficking, continue to be further marginalized by the French government. Also, unaccompanied children, some of whom are trafficking victims, enter France and are sometimes sent to their final destinations without adequate protection (HRW, 2009; U.S. Department of State, 2009).
FRANCE AS A DESTINATION
Persons are trafficked into France for commercial sexual exploitation and forced labor primarily from Africa (Cameroon, Ghana, Guinea, Morocco, Nigeria, and Togo), Asia (Indonesia), Brazil, the Caribbean, and Europe (Albania, Austria, Bulgaria, Hungary, Moldova, Poland, and Romania). Additionally, persons of the Roma ethnic group and unaccompanied minors in France continue to be vulnerable to forced begging (U.S. Department of State, 2008, 2010). The trafficking of women and children for the purpose of domestic servitude is also a problem. The NGO Committee Against Modern Slavery (CCEM) has reported that this abuse often transpires at the hands of diplomats serving in France. Such persons benefit from diplomatic immunity. In 2010 the NGO noted that the Saudi Arabian diplomatic community often violated French labor laws and that roughly 10 percent of cases of modern slavery in 2009 involved diplomats as employers, compared to 8 percent in 2008 (Embassy of the United States in Paris, France, 2010; U.S. Department of State, 2010).
As is the case with all nations, it is difficult to determine how many persons face human trafficking in France. The French government estimates that the majority of the 20,000 women in France’s commercial sex trade are victims of trafficking. An estimated 75 percent of them are foreigners (U.S. Department of State, 2012). In 2005 and 2006 the Central Office for the Suppression of Trafficking in Human Beings (OCRTEH) registered 2,407 persons as victims of commercial sexual exploitation; 1,757 of the victims were foreign nationals (UNODC, 2009a). From January to September 2008, 98 persons were identified as forced-labor victims. Twenty-three victims were from China, another 23 were from Brazil, 13 were from Poland, and 7 were from Morocco (UNODC, 2009a).
The most prevalent economic sector of forced labor is construction (35 percent). Forced labor was also found in the garment industries (19 percent); agriculture (18 percent); and hotels, bars, and catering (15 percent). Persons from Brazil, central Europe, and North Africa were often exploited in the construction sector. Persons from China were more commonly exploited in the catering and textile sectors, while persons from Poland and North Africa were detected in the agriculture sector (UNODC, 2009b; U.S. Department of State, 2010). In fact, persons from Africa are highly vulnerable to both sex trafficking and forced labor in France. Between 1994 and 2009, African women made up the majority of the more than 500 trafficking victims assisted by the CCEM in France. Nearly 30 percent of the victims arrived in France as minors (People’s Daily, 2008; Embassy of the United States in Paris, France, 2010).
Both males and females are victims of the offense “soliciting prostitution,” but the majority of identified victims from 2003 through 2006 were female—4,148 females compared to 158 males. However, the number of identified males is on the rise—18 in 2003 compared with 17 in 2004, 41 in 2005, and 82 in 2006 (UNODC, 2009a). The number of women trafficked from Bulgaria to France has been an ongoing problem. In 2007, 10 Bulgarians were arrested for trafficking at least 105 Bulgarian women and girls to France for commercial sexual exploitation from 2002 through 2005. “We received 13 European arrest warrants from the French authorities, but three of the wanted men are outside Bulgaria,” said Darina Ivanova, of the National Investigation Service. “The other ten were arrested in the towns of Pazardzhik and Plovdiv” (IOL, 2007).
This case illustrates both the coordination that must occur for international arrests and the need for and importance of international collaborations. Fortunately, French officials make a significant effort to collaborate with the authorities of common source nations of persons trafficked to France. In April 2010 a specialized operation between French and Bulgarian officials resulted in the arrest of 7 persons in Varna, Bulgaria, and 20 persons in Nice, France, who were allegedly part of a sex-trafficking ring. In October 2010, 9 Bulgarians were arrested in Germany for allegedly trafficking Bulgarian women to Germany and France for commercial sexual exploitation (Novinite, 2010). “The trafficking of women from Bulgaria to France is alarming, especially in the past few years,” Bulgarian Interior Minister Tsvetan Tsvetanov told the Focus News Agency. “I hope that with the co-operation between the Bulgarian and French services, those channels will be stopped” (Sofia Echo, 2010).
Internal trafficking of French citizens also occurs, both for commercial sexual exploitation and for forced labor. Twenty-seven percent of the 2,407 identified sex-trafficking victims and 20.4 percent of the 98 identified forced-labor victims were French citizens (UNODC, 2009a).
A population that is particularly vulnerable to human trafficking throughout Europe, including France, is the Roma ethnic group. Most Roma in Europe are EU citizens, which entitles them to certain rights, including the right to move and reside freely in the EU. In August 2010 France began a controversial deportation of Roma persons from France. The office of then-president Nicolas Sarkozy put out a statement purporting the expulsions to be an anti-trafficking effort. The office called Roma camps “sources of illegal trafficking, of profoundly shocking living standards, of exploitation of children for begging, of prostitution and crime” (BBC News, 2010b). The government did not screen camp inhabitants to determine whether they were victims of human trafficking, but instead systematically destroyed camps and deported Roma (some of whom the president’s office itself said were “exploited”). In the first month roughly 1,000 Roma persons were deported and sent to Romania and Bulgaria. France stated that it was acting in line with EU law and that it would urge the Romanian government to integrate the Roma in Romania. “France will call [Romania] for commitments on police and judiciary cooperation, the fight against human trafficking and integration of Roma in Romania,” Pierre Lellouche, the French European affairs minister, said (BBC News, 2010a).
France insisted that it was abiding by EU law, but the European Parliament had serious concerns that the country was targeting Roma and Travellers (persons, including Roma and non-Roma, with itinerant lifestyles). As a result, it passed a resolution calling on France to suspend the deportation of Roma and demanding that the European Commission (EC) and EU governments take action to integrate the Roma (COE, 2006; BBC News, 2010a). “[The European Parliament] urges those authorities immediately to suspend all expulsions of Roma, at the same time calling on the [European] Commission, the Council and the Member States to intervene with the same request,” states the adopted text of the resolution (European Parliament, 2010).
Claude Moraes, a member of the European Parliament, said the resolution “places the European Commission under renewed pressure to begin legal action against the French authorities for failing to respect the rule of law in the way it has been targeting the Roma as an ethnic group” (BBC News, 2010a). One Roma forcibly expelled from France is Iiordan Marian. He stated that French police forced him onto a plane and smashed his camp. He was given $420 in compensation. “We need money, we need food. We can live in Romania, but we have no job and in this village each family has about 10 kids,” Marian told
Sky News
. “We are members of the European Union and we have rights” (Rossi, 2010).
In October 2010 France submitted plans to bring its legislation into line with EU law on freedom of movement. As a result, the EC will not begin infringement procedures against France over the expulsion of Roma (UPI, 2010). While on its face France appears to be toeing the line by halting the forced expulsion of Roma, the EC should keep a close eye on the treatment of Roma in France to ensure that they do not continue to be marginalized and vulnerable to human trafficking and other forms of exploitation. NGOs report that there continues to be discriminatory targeting of the Roma by the French government, and Victoria Vasey, the legal director for the Hungary-based European Roma Rights Center, stated that expulsions “are still primarily occurring in France and Italy” (Phillips & Chrisafis, 2011). In August 2012 France renewed its efforts to shut down camps and remove the Roma who were living there. On August 9, authorities raided 2 camps near Lille, and 240 Romanian Roma (evicted from camps in the Lyon area) were evicted to Romania. The camps near Lille were home to roughly 200 Roma, including 60 children. The government of France said these 240 Roma left for Romania voluntarily and were paid up to $387 each to leave. The issue is that in the past Roma accepted voluntary return only after receiving an order to leave—this is what the government is deeming voluntary. This is significant because voluntary return sidesteps court review of the removals (HRW, 2012).
WHAT HAPPENS TO VICTIMS AFTER TRAFFICKING
Victims are granted shelter for an initial 30-day period in order to determine their legal options. NGOs offer medical and psychosocial support as well as housing and shelter (U.S. Department of State, 2008; UNODC, 2009a). Those victims who assist in the prosecution of their traffickers are granted witness protection and a three-to-six-month stay permit, which can be renewed biannually. The stay permit affords an individual the right to work in the country. The fee for the residence permit is $407. Each renewal costs $103, and the visa validation tax is $177. Fees are not waived for trafficking victims (Coatnet, 2004; U.S. Department of State, 2008). A trafficking victim who assisted in the prosecution of their trafficker may receive a Permanent Resident Permit (10 years), if and only if, the defendant is successfully convicted. Local prefects do have the discretion to grant permanent residency to victims, but often victims are not informed of this option. The permit is renewable and grants the holder the same working conditions and benefits as those of the French, such as social security, family allowance, unemployment benefits, and pension (Coatnet, 2004; U.S. Department of State, 2008, 2012).
The government reports that authorities identified and referred 799 trafficking victims to NGOs for assistance in 2009. In 2010, 688 victims were identified, and in 2011, 654 victims were identified, but the government did not report the number of victims it referred for assistance in either year. There is no official method to track and collect data on the actual number of identified victims who are referred to shelters and assistance (U.S. Department of State, 2010, 2011, 2012). Victims continue to be punished for offenses related to their trafficking experience. One explanation lies in the “passive solicitation” offense listed under the Internal Security Act; another lies in the difficulty law enforcement has in distinguishing between trafficking victims and other workers in the sex industry (French Republic, 2005). The interpretation of passive solicitation is up to the discretion of the police officer (Coatnet, 2004). As a result, trafficking victims continue to be arrested and punished on the grounds of solicitation (Amnesty International Canada, 2006; U.S. Department of State, 2008). These practices not only punish victims for offenses related to their trafficking experience but also deter victims from going to the authorities.
In a 2010 decision the European Court of Human Rights held that member nations of the European Convention of Human Rights, such as France, must provide safeguards to aid and protect potential victims of trafficking. This includes laws surrounding immigration:
The Court considers that the spectrum of safeguards set out in national legislation must be adequate to ensure the practical and effective protection of the rights of victims or potential victims of trafficking. Accordingly, in addition to criminal law measures to punish traffickers, Article 4 requires member States to put in place adequate measures regulating businesses often used as a cover for human trafficking. Furthermore, a State’s immigration rules must address relevant concerns relating to encouragement, facilitation or tolerance of trafficking. (ECHR, 2010)
In France there are guidelines for identifying victims, but they need stronger implementation, particularly among first responders. Persons who are trafficked into the sex industry continue to be arrested and fined for solicitation and immigration violations, and often face deportation without proper screening to see if they are victims of human trafficking (Amnesty International Canada, 2006; U.S. Department of State, 2009, 2010, 2012). Failure to identify victims or to provide sufficient protections and treating foreign victims as illegal migrants are not limited to the sex industry. A 2009 Human Rights Watch report,
Lost in Transit
, noted that the failure of French law to distinguish between adults and unaccompanied children results in the return of children to transit nations or their country of origin, or in sending children onward to their final destinations without sufficient safeguards. The report stated that from January 2008 to July 2009, 1,500 children arrived at Roissy Charles de Gaulle Airport in Paris and were denied entry and detained by police in what French officials call transit zones
(zone d’attente)
. The transit zones allow France to treat a person who is physically in the country as if he or she is still on the outside. In this case, the transit zone includes Paris hotels and hospitals, and even courtrooms that are more than 12 miles from the airport (HRW, 2009).