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Joint Analysis, Joint Action

Poland

Generally
Excerpt from the questionnaire
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Generally

Although an institution of the National Rapporteur is not established in Poland, since 3 March 2004 an inter-ministerial Committee for Combating and Preventing Trafficking in Human Beings has been playing the role of equivalent mechanism.

The Committeewas established under Order No 23 of the PrimeMinister; the chairman of the Committee is the Undersecretary of State of theMinistry of Interior and Administration.

The Committee comprises of the representatives of the governmental administration units:

The competent minister in charge of education,
The competent minister in charge of social security,
The Minister of Justice,
The National Public Prosecutor,
The competent minister in charge of foreign affairs,
The competent minister in charge of health,
The competent minister in charge of internal affairs,
The Office of the Committee for European Integration,
Head of the Office for Foreigners,
Police Commander in Chief,
The Commander in Chief of Border Guard.

Non-governmental organisations dealing with trafficking in human beings have been invited to participate in the Committee’s work, i.e. “La Strada” Foundation against Trafficking in Women, Caritas of Warsaw Archdiocese, Nobody’s Children Foundation and ITAKA – Centre for Missing Persons.

The tasks of the Committee comprise the following:

Evaluation of implementation of the “National Programme for Combating and Preventing Trafficking in Human Beings”,
Proposing and giving opinions about undertaken actions aiming at efficient combating and preventing trafficking in human beings,
Cooperation with agencies of government administration and local government, as well as with non-governmental organisations in the scope of combating and preventing trafficking in human beings.

The objective of day-to-day monitoring and information exchange as part of the Committee led to the establishment of the Working Group, comprising of experts representing the institutions taking part in the Committee’s work.

The Unit for Trafficking in Human Beings in the Department of Migration Policy of the Ministry of Interior and Administration is responsible for the following issues:

Handling the work of the interdepartmental Committee for Combating and Preventing Trafficking in Human Beings;
Monitoring the implementation of the “National Programme for Combating and Preventing Trafficking in Human Beings”;
Preparing the “National Programme for Combating and Preventing Trafficking in Human Beings” for subsequent years;
Implementation of the “Programme to Support and Protect the Victims/Witnesses of Trafficking in Human Beings” intended for foreigners.

Excerpt from the questionnaire

9. What are the main tasks and responsibilities of the National Rapporteur in your country?

9.1. Monitoring and analyses of the situation, trend and possible threats.
Such analyses are prepared by the Public Prosecutor’s Office once a year. Since 2008 also Police in cooperation with Border Guard have been obliged to do so.
9.2. Collection of data on THB.
- 9.2.1. There is a central collection of a statistical data on THB and the data is received from various stakeholders.
  There is no central base of statistics on trafficking in human beings. Data are delivered by four institutions: Police, Border Guard, Prosecutor’s Office and the Ministry of Justice. Due to the fact, that these data are connected with different stages of the case, they are not comparable. For this reason good analysis of this phenomenon should contain wide range of statistics and sources of information and limitations are connected with this matter.
  
  The Ministry of Interior and Administration is taking part in the project “Trafficking in Human Beings: Data Collection and Harmonised Information Management Systems – DCIM”. The Project is implemented within the cooperation with main applicant institution – the General Directorate for Internal Affairs of Portugal, as well as with Ministry of Interior and Administration of Czech Republic, The Ministry of Interior of Slovakia, the Bureau of the Dutch Rapporteur on THB (BNRM), the Italian NGO “Associazione On the Road” and the Nexus Institute. ICMPD is the responsible agency for the implementation of the project.
  
  Main points of the project: identification of already existing data initiatives in each participating country, design, distribute and collect questionnaires in order to collect the necessary data both for “victim database” and “traffickers database”, draft country reports, publication of first draft of the Handbook on Harmonized Criteria to Collect Data on THB, development of software for the database to be installed in the pilot country.
  
  The aim of the “victim database” is to collect basic data about victims of trafficking, which could be useful while preparing analysis needed ex. for programming preventive actions (according to polish law, collecting personal data of victims is forbidden. In the case of implementing such system, a person collecting data would need victim’s consent). Data could be then gathered by NGOs that help victims, also by prosecutors; then the Ministry of Justice or the Ministry of Interior and Administration should be responsible for collecting it.
  
  The second database should include indicators about criminals. It is recommended that indicators should be possessed by the Ministry of Justice and Prosecutor’s Office – institutions that already have most of the information. This data will show the effectiveness of the judicial system.
9.3. Coordination of anti-trafficking activities on a national level
The inter-ministerial Committee for Combating and Preventing Trafficking in Human Beingsplays a role of coordinator of all activities by accepting:
- implementation of the “National Programme for Combating and Preventing Trafficking in Human Beings” ;
- project of the “National Programme”for the following years.
9.4. National Reports
- 9.4.1 Annual reports
  Each year the Committee accepts a report from implementing of the „National Programme”.
- 9.4.2 Reports based on a longer period. Please describe period length and state why this specific period of time was chosen.
  In 2008 first report about situation of human trafficking in Poland was prepared by the Unit for Trafficking in Human Beings. It contains analysis according to period 1995-2006. According to the project of the “National Programme” for 2009-2010, this kind of report is going to be published annually. English version titled “Trafficking in Human Beings in Poland” is available on: http://www.mswia.gov.pl/portal/pl/395/4727/English_version.html.
9.5 Preparation and evaluation of the National Action Plan.
- 9.5.1 To whom are the above mentioned documents submitted?
  The Unit for Trafficking in Human Beings in cooperation with the Working Group is responsible for preparing the project of the “National Programme”; then it is submitted to the Committee.
- 9.5.2 Who approves these documents?
  The first Undersecretary of State of the Ministry of Interior and Administration, who is the chairman of the Committee, then Committee, and finally – the Council of Ministers.
- 9.5.3 Who enforces the actions stipulate by the documents?
  All governmental institutions that take part in the Committee and in it’s Working Group in cooperation with chosen NGOs, international institutions, universities etc.
9.6. International cooperation in the majority of the above mentioned areas.
The Ministry of Interior and Administration cooperates with ICMPD, G 6 Group, CBSS, also with particular countries (Moldova in 2008; in 2009 cooperation with Moldova and Ukraine is planned).