GRETA Publishes Its Third Report on Ukraine

The Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA) in its new report published today welcomes legislative and policy measures taken by Ukraine to ensure trafficking victims’ access to justice and effective remedies, despite the difficulties and limitations imposed by the ongoing war. GRETA provides a number of recommendations to the authorities, including on improving the assistance and protection of victims of trafficking, guaranteeing their access to compensation for the damages suffered, and ensuring child-friendly proceedings.

Ukraine remains primarily a country of origin of victims of trafficking in human beings who are exploited both abroad and within the country, the report reads. The majority of the identified victims were subjected to labour exploitation, followed by sexual exploitation, involvement in criminal activities and exploitation in armed conflict. The armed aggression of the Russian Federation against Ukraine, which began in 2014, and the full-scale invasion on 24 February 2022, have considerably increased the risks of trafficking in human beings.

In its report, GRETA welcomes a number of steps taken by the Ukrainian authorities to continue tackling trafficking in human beings, such as the adoption of a dedicated state programme with an increased funding, the inclusion of victims of trafficking among the beneficiaries of free legal assistance, the legislative changes adopted to improve victims’ access to psychological assistance, as well as strengthening international co-operation to tackle trafficking, in particular through the law-enforcement.

Among the recommendations provided to Ukraine is the setting up of a state compensation scheme accessible to victims of trafficking, regardless of their citizenship and residence status, and guaranteeing effective access to compensation for victims.

Besides, GRETA calls on the authorities to adopt a specific legal provision on the non-punishment of victims of trafficking for their involvement in unlawful activities and to provide guidance to relevant professionals on its application.

In addition, the authorities should ensure that all presumed and identified victims of trafficking receive adequate assistance and support. This should include steps to facilitate the reintegration of victims into society and guaranteeing their access to healthcare. 

In the report, GRETA voices concerns about the procedures for interviewing child victims and urges the authorities to adopt legislation on child-friendly justice, ensure that interviews with child victims and witnesses are recorded and used in court, and avoid the cross-examination (direct confrontation) with the accused.

The report notes that the limitations on the mandate of labour inspectors does not enable them to effectively participate in the fight against human trafficking. Further, the lack of licencing and supervision of recruitment agencies for employment abroad raises concerns about risks of abuse. Therefore, GRETA urges the Ukrainian authorities to take additional measures to effectively prevent, detect and combat trafficking for the purpose of labour exploitation.