Introduction

1.1 Background

TRAFFICKING IN HUMAN BEINGS is largely a hidden form of criminality. As an example, it has been estimated in Finland that up to 90 percent of human trafficking is undetected (Yle 23.3.2021). The overall picture of the phenomenon is bound to be limited because of this, and because the offenders continuously seek new methods and routes for their operations.

Since the start of the ELECT THB-project, unforeseen events with a global impact have taken place. The COVID-19 pandemic affected the movement of people and potentially led to changes in the modus operandi of the perpetrators, as well as to changes in the detection of trafficking and exploitation. However, not much is yet known of the longer-term impacts of the pandemic on modus operandi or routes used by traffickers and facilitators. Furthermore, the geopolitical landscape of Europe changed rapidly in 2022 as a result of the escalation of the Russian invasion of Ukraine. In light of the ongoing war, particular attention has been paid in this report to the risk that Ukrainian refugees face of exploitation and trafficking. The countries covered in this report share similarities but also have their differences. Finland is primarily a country of destination in terms of human trafficking, whereas Estonia, Latvia, Poland and Ukraine are countries of origin, transit and destination. There are also differences in the size of the population of these countries, in their labour markets and in the social protection measures that are in place. The profiles of typical victims vary between the countries, ranging from their own citizens to labour migrants, asylum-seekers and undocumented migrants.

Regarding labour exploitation, it has been established in all of the countries that migrant workers in particular may face exploitative recruitment and employment practices, especially in low-paid, low-skilled jobs. Perpetrators use different legal and illegal schemes to conceal their activities, some of which are presented in this report. As for sexual exploitation, the role of the internet and technology has become increasingly important. This is all the more true as a result of the COVID-19 pandemic, which has restricted travel and in-person contacts and allowed for new ways of recruiting, controlling and exploiting vulnerable persons.

1.2 The target group

THE AIM OF THIS REPORT is to provide up-to-date information regarding the latest trends in human trafficking in Finland, Estonia, Latvia, Poland and Ukraine and to highlight the modus operandi used by traffickers especially for purposes of labour and sexual exploitation. Throughout the report, we highlight interesting case examples from different countries in order to provide insights on patterns of human trafficking and the methods used.

The main target audience of the report consists of the following:

• law enforcement representatives, especially those with responsibility for investigating trafficking cases, heads of investigation teams, and other relevant police officers who encounter and interact with victims from vulnerable groups;

• prosecutors;

• judges;

• labour inspectors;

• representatives of the tax authorities, especially those conducting inspections and specialised in the grey economy; and

• representatives of the private sector and of employers’ associations, as well as representatives of trade unions and NGOs that assist victims of human trafficking and related crimes.

1.3 Key concepts

LABOUR EXPLOITATION refers to a situation in which a recruiter or an employer subjects a (migrant) worker to poor conditions of work, such as overly long hours, insufficient pay, work in an unsafe or otherwise in a poor environment etc., and the worker has little possibility of changing the situation. Depending on the seriousness and the totality of the situation, labour exploitation may be a breach of labour law, or in cases of severe exploitation, may constitute human trafficking.

FORCED LABOUR refers to work or service that a person is forced to do under threat of punishment i.a. menace of penalty. Some countries have separately criminalized forced labour. In some countries, it is recognized as a form of exploitation in the law concerning human trafficking, whereas in some it is not explicitly mentioned in the Criminal Code.

TRAFFICKING FOR FORCED LA -

BOUR refers to serious exploitation of a person’s labour for the purpose of financial gain. Typically, victims of trafficking for forced labour are made to work long hours with little or no pay, they may be abused, threatened, or held in debt bondage, and their freedom of movement may be restricted.

TRAFFICKING FOR SEXUAL EXPLOITATION may consist of coercing a person into prostitution, exploiting a person in the sex industry, or subjecting them to other forms of sexual abuse. Victims include persons of all genders, but the majority are girls and women. A person may experience different forms of trafficking, which is not uncommon in, for example, exploitation taking place in a massage parlour, where an employee may be a victim of trafficking for both forced labour and sexual exploitation.

PANDERING refers to enticing someone to engage in sex work or prostitution, and in PIMPING , a third party benefits financially from another person’s earnings in sex work or prostitution. Pandering and/or pimping and their aggravated forms are sometimes used as parallel provisions in cases related to trafficking for sexual exploitation.

MODUS OPERANDI (mode of operation) refers to the method, manner, or pattern in which a crime is committed.