General comments regarding the document sent to the European Coordinator by the Spanish authorities: Comments in relation to our position on the, in our opinion, incomplete transposition of the European Directive 36/2011. In addition, it will make mention of the lack of data and the confusion of thereof.

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REPORT BY THE SPANISH NETWORK AGAINST
TRAFFICKING IN PERSONS (RECTP) FOR THE
EUROPEAN COORDINATOR AGAINST TRAFFICKING
SUMMARY
OFFICIAL VISIT TO SPAIN
26 and 27 of FEBRUARY 2015

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INTRODUCTION
1.- HUMAN RIGHTS PERSPECTIVE ON THE FIGHT AGAINST HUMAN TRAFFICKING
2.- COMPRENSIVE APPROACH IN THE FIGHT AGAINST TRAFFICKG
3.- LEGISLATIVE REFORM
 REFORM OF THE CRIMINAL CODE
 LAW ON THE LEGAL STATUS OF VICTIM
 ORGANIC LAW OF PUBLIC SAFETY
4.- NATIONAL RAPPORTEUR
5.- VICTIM PROTECTION SYSTEM
5.1 VICTIM IDENTIFICATION ESPECIALLY AT BORDERS AND AT IMMIGRANT DETENTION
CENTERS (CIES)
5.2 NATIONAL REFERRAL MECHANISM
5.3 IDENTITY DOCUMENT FOR TV (CERTIFICATE OF IDENTITY “CÉDULAS DE INSCRIPCIÓN”)
5.4 RESIDENCY AND WORK PERMITS FOR COLLABORATION AND/OR PERSONAL SITUATION
FOR TV ACCORDING TO ART. 59 BIS.
5.5 JUDICIARY
o WITNESS PROTECTION
o PROBLEMS WITH COMPENSATION FOR TV.
o LACK OF TRAINING AND AWARENESS IN JUDGES AND MAGISTRATES.
5.6. ASYLUM
6.- MINORS
o UNDOCUMENTED MINORS, NON-ACCOMPANIED OR ACCOMPANIED BY ADULTS,
ARRIVING AT THE COAST IN ANDALUCÍA, CEUTA, OR MELILLA THROUGH IRREGULAR
ENTRIES ON WATERCRAFTS.
7.- ROLE OF CIVIL SOCIETY ORGANIZATIONS AND PARTICIPATION IN COORDINATION
MEETINGS

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INTRODUCTION
General comments regarding the document sent to the European Coordinator by the Spanish
authorities: Comments in relation to our position on the, in our opinion, incomplete
transposition of the European Directive 36/2011. In addition, it will make mention of the lack of
data and the confusion of thereof.
1.- HUMAN RIGHTS PERSPECTIVE ON THE FIGHT AGAINST HUMAN TRAFFICKING
Although there has been progress made, it is important to highlight that on many occasions
authorities continue to address the problem and victim intervention (identification etc.) more
from an approach that prioritizes the fight against illegal immigration and prosecution of crime
instead of real human rights approach centered on the victim.
2.- COMPRENSIVE APPROACH IN THE FIGHT AGAINST TRAFFICKG
 Lack of a comprehensive approach.
 Lack of public policies that address other forms of trafficking other than for sexual
exploitation as well as the need, in our opinion for a comprehensive law.
3.- LEGISLATIVE REFORM
We share our views on the legislative reforms being undertaken by the Government. Legislation
that that the Government has used to argue that it has transposed in full the Directive 36/2011.
We will argue that not all of this legislation has been passed and that the content of the passed
legislation does not always meet the requirements of Directive 36/2011.
 REFORM OF THE CRIMINAL CODE
 LAW ON THE LEGAL STATUS OF VICTIM
 ORGANIC LAW OF PUBLIC SAFETY
4.- NATIONAL RAPPORTEUR
In a positive light, we mention the appointment of the National Rapporteur, which represents
an important step forward in Spain´s compliance with the Directive. Here we also encourage the
continued willingness and initiative of the national rapporteur to create a space for
representatives from the State´s General Administration and representatives from civil society
through the Spanish Network against Human Trafficking (RECTP).
 We also express our concern regarding the following issues regarding the national
rapporteur:
- There is no independent mechanism
- His position and tasks have not been detailed in an official appointment.
- We are concerned that there has been no office assigned with staff, free from other
tasks, which can give support to the workload the Rapporteur must take on.

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- The continuance of the work when the Rapporteur steps down after the general
elections, considering he is a political appointee.
5.- VICTIM PROTECTION SYSTEM
We will share the most significant difficulties that we are finding with respect to the different
aspects of the protection and access to rights of victims of trafficking:
5.1 VICTIM IDENTIFICATION ESPECIALLY AT BORDERS AND AT IMMIGRANT DETENTION
CENTERS (CIES)
The lack of an approach sufficiently focused on protecting the human rights of the victims is the
major concern in the identification process. During the identification process authorities
continue to apply an approach that is focused on the persecution of irregular immigration and
human trafficking as a crime. In addition, their actions tend to reactive and not proactive.
Most often authorities apply a “high threshold criteria” making the victim’s ability to provide
objective and verifiable information on the offenders from the very beginning a condition to be
identified as a victim. “Certainty” is required instead of “indicators.”
The identification processes in the context of Immigrant Detention Centers (CIE´s), airports and
Coasts (maritime arrivals on the Andalusian Coast and Immigration Detention Centers in Ceuta
and Melilla) are especially delicate. It is necessary for authorities to apply a much more proactive
and human rights based approach in these delicate situations.
In addition, we are concerned that specialized organizations still do not have a recognized and
formal role in the identification process. Spain should pronounce and systematize their
mandatory participation and involvement as well as take into account their reports regarding
the indicators of trafficking.
5.2 NATIONAL REFERRAL MECHANISM
There is no National Referral Mechanism in Spain that can tackle all forms of trafficking and that
can be in charge of watching over the rights of victims and presumed victims in general, of the
coordination of all stakeholders, and of the effective implementation of the protection and
assistant measures. We consider the creation of this mechanism necessary.
5.3 IDENTITY DOCUMENT FOR TV (CERTIFICATE OF IDENTITY “CÉDULAS DE INSCRIPCIÓN”)
Many foreign trafficking victims lack a document that can verify their identity because the
criminal ring had taken it from them or because the ring made them travel with a false document
or without any document.
On the ground, there are enormous difficulties, on one hand, for certain Consulates of the
countries of origin of the trafficking victims to issue victims a duplicate passport in Spain; and on

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the other hand there are also difficulties in Spanish authorities documenting these victims with
an alternative identity document if their consulate does not do so.
Thus in many cases are stuck in a vicious circle that has a disastrous effect on the victims. We
propose that in all cases in which a person is identified as a victim of trafficking and he or she
does not have a document that verifies his/her identity, Spanish authorizes should immediately
issue a provisional identity certificate (“cédula de inscripción”).
5.4 RESIDENCY AND WORK PERMITS FOR COLLABORATION AND/OR PERSONAL SITUATION
FOR TV ACCORDING TO ART. 59 BIS.
In the case of Spain, our legislation establishes the possibility of granting trafficking victims a
residence and work permit for exceptional circumstances for two motives: firstly when it is
necessary for their collaboration with law enforcement and/or judicial authorities for the
purpose of investigations or criminal proceedings, and secondly attending to their personal
situation.
However, the authorities have not yet established objective criteria on which to base the
granting or denial of these permits established for trafficking victims, nor are there criteria for
granting provisional permits or permanent ones. This situation causes uncertainty, mistrust and
helplessness for the victims. Therefore, we request that these criteria be defined with
transparency.
5.5 JUDICIARY
Below we discuss the difficulties that arise for trafficking victims, who are also witnesses in
criminal proceedings, to effectively access their rights during judicial proceedings.
o WITNESS PROTECTION
The Organic Law 19/94 on the protection of witnesses and experts in criminal cases has not been
reformed since 1994 and does not adequately address the protection needs of victims and
witnesses in cases of human trafficking. Although good progress has been made concerning the
formal application of this Act in cases of trafficking, there continues to be numerous problems
in its practical application.
The authorities should review the adequacy of the current protection system for the protection
of witness and victims of human trafficking, both for adults and children. This is essential
because an inadequate protection for victims may put them at risk and at the same time cause
them to go back on their collaboration, since they feel unprotected.

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o PROBLEMS WITH COMPENSATION FOR TV.
In Spain the national law recognizes the right of all victims of crime (adult or juvenile, national
citizen or foreigner), to participate in court and request compensation. However in most cases
when the perpetrators are convicted bankrupt, victims do not receive compensation. In Spain
there is no state compensation fund to subsidiarity compensate victims trafficking. Moreover,
although progress has been made, further efforts are needed and more resources must be
allocated so that the investigation on traffickers assets are carried out systematically and
thoroughly to produce positive results.
o LACK OF TRAINING AND AWARENESS IN JUDGES AND MAGISTRATES.
We have detected that judges and magistrates have, until now, remained outside of training and
specialization in the field of human trafficking. Unfortunately this has often had a negative
impact on the performance of their functions and sometimes has meant re-victimization of
victims of trafficking.
5.6. ASYLUM
Ever since the inclusion of specific protection measures for trafficking victims in the Immigration
Law, competent authorities for international protection applications systematically remit these
applications to the immigration framework.
We want to draw attention to the compatibility of the two systems of protection in accordance
with international conventions signed by Spain and the European Union legislation, both on
international protection and human trafficking.
6.- MINORS
 Lack of protocols , instruments, legislation that specifically address the issue of child
victims of trafficking to guarantee their protection
 Lack of coordination among regional governments to respond to the needs of child TV.
 Lack of specialized residential services
 Lack of Data
o UNDOCUMENTED MINORS, NON-ACCOMPANIED OR ACCOMPANIED BY ADULTS,
ARRIVING AT THE COAST IN ANDALUCÍA, CEUTA, OR MELILLA THROUGH IRREGULAR
ENTRIES ON WATERCRAFTS.
During the last few years we have documented among those entering Spanish territory
irregularly, that there are a significant number of presumed victims of trafficking for the purpose
of sexual exploitation, specifically Nigerian women, some underage. The number of these
women who arrive pregnant or with minor children has steadily increased since 2008. Because

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these women are undocumented, family ties cannot be proven. Some of our concerns regarding
these women are the following:
- Doubts regarding the filiation between the accompanying adults who claim to be the
parent of the minors.
- Even when there are no doubts and having proved the filiation, some minors disappear
with their mothers and reappear in other regions of Spain (or in some cases in other EU
countries) in the hands of other adults, who were supposedly taking care of the child
while the mother was working in prostitution to pay back a debt. Minors found in
situation of neglect and abuse.
- Use of the minors by the criminal networks to avoid expulsion of the women, and
possibly as coercion against the woman.
The government has made some important advances on this front; however, we are still
concerned with the following:
- If the mother does not identify herself as a trafficking victim or accept referral to an
organization specialized in supporting TV, she disappears without authorities providing
any protection or follow-up measures. Sudden abandonments without notice are also
common among these women if they accept a referral to an organization.
- Lack of training and specialized resources regarding child trafficking is evident.
- There is a clear lack of a human rights approach that makes the interests of the child a
priority and a lack of clear mechanisms for coordination and collaboration at local,
regional, national and international level.
7.- ROLE OF CIVIL SOCIETY ORGANIZATIONS AND PARTICIPATION IN COORDINATION
MEETINGS
- We will comment on the fact that a formal role for civil society organizations has not
been recognized under the protocol for identification and protection of victims of
trafficking. In a positive light, we will also emphasize the participation that we have been
given in the space created by the National Rapporteur, highlighting however that we are
not given participation in other spaces for coordination, for example the protocol´s
monitoring committee.
Spanish Network Against Trafficking in Persons
26 February 2015