OSCE holds roundtable discussion on overcoming challenges related to the prosecution of trafficking in human beings

Impunity of human traffickers remains a crucial and persisting challenge in the OSCE area. The Office of the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings hosted a roundtable discussion, on 8 and 9 November 2021, on effective prosecution strategies, in line with the recommendation stemming from the 20th Alliance Conference.

Participants from nine OSCE participating States (Austria, Denmark, Finland, France, Iceland, Ireland, Sweden, Norway and the United Kingdom) took part in the discussion. Prosecutors, law enforcement, lawyers, and experts in the field shared experiences and worked on a fictitious scenario involving labour trafficking. A mock trial was held, with participants divided among judges, prosecutors and defense attorneys, learning and critically reviewing victim-centered approaches to evidential issues around victim consent, law and practice.

During the event, Rahel Gershuni, an international anti-trafficking expert, noted that victims often become exploiters themselves to alleviate their own mistreatment. By highlighting cases from various jurisdictions, Gershuni emphasized how victim consent in exploitation is irrelevant when it undermines basic human rights and autonomy. European Court of Human Rights (ECHR) lawyer Kresimir Kamber presented ECHR case law in relation to human trafficking and victim protection, which served as the foundation for discussing different countries’ legislation and approaches.

“The issue of victim consent is particularly challenging in cases where the coercion is more subtle, such as through abuse of vulnerability,” said Valiant Richey, OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings.

Although the mock trial involved a fictitious case, participants noted how important this exercise was for their learning and understanding of different jurisdictions and legislation and hoped further roundtable discussions could be organized in the future.

For more information on the 20th Alliance Conference recommendations, visit 20th Alliance against Trafficking in Persons | OSCE.