Why victims of human trafficking need better protection

Overall, far more victims are identified than crimes recorded by the police. A new regulation could remedy this situation. Keystone / Natacha Pisarenko

People who have been forced or coerced into labour or sexual services abroad cannot access victim counselling or shelter in Switzerland – a policy that has long been criticised. A change is now on the horizon. 

A woman is wandering along an unlit street one night somewhere in Switzerland. A passing driver stops. The crying woman asks him to call the police. When they arrive, she tells her story: pimps had forced her into prostitution and were transporting her to Germany in a van along with some other women when she managed to escape during a break at a rest stop. 

This story unfolded last February and is just one of many cases of trafficking in Switzerland. The woman, who told police she comes from the Democratic Republic of Congo, was carrying nothing on her, could not prove her identity, and had not registered with the authorities.  

The police accepted her statement as credible and launched an investigation. They believe she had been sexually exploited at various establishments in western Switzerland. The fact that this crime took place in the Alpine nation meant she could be placed in a shelter following a brief hospital stay.  

“If she had been exploited in Italy, she would have had no claim to the same protection in Switzerland,” says Geraldine Merz of FIZ, an advocacy and support organisation for migrant women and victims of trafficking. Under Swiss law, a person who has been trafficked abroad and does not have a Swiss address cannot access victim support services.   

In concrete terms, this means that the person is not entitled to state subsidies for specialised accommodation, professional counselling or translation services. Without a residence permit, she could also face deportation. These are not trivial matters, says Merz.  

“Cases of human trafficking are costly and complicated as it is,” she says. “When they have taken place in another country, the whole thing becomes even more difficult.” It is therefore all the more important to expand protection for victims in Switzerland.  

The lack of support can have far-reaching consequences. The international fight against human trafficking is particularly dependent on the testimony of victims. But people who have been trafficked may find it difficult to take part in legal proceedings if they do not have access to counselling and accommodation, and on top of that believe they will be deported all the same. Not only are they in an emotionally difficult and financially precarious situation, but they also fear for their safety. Expulsion could drive them right back into the arms of their tormentors. 

The Council of Europe panel GRETA (Group of Experts on Action against Trafficking in Human Beings) has long criticised SwitzerlandExternal link for treating victims of human trafficking differently depending on where the crime occurred. This, experts say, brings Switzerland in violation of both the Council of Europe Convention on Action against Human Trafficking in Human Beings and the Istanbul Convention to combat violence against women.  

Scale of the problem is unknown 

Switzerland is located in the heart of Europe. It is a transport hub and – as a member of the Schengen zone that allows free movement – does not undertake systematic border controls. It is not only a destination, but also a transit country, for people being trafficked. 

Getting an overview of the extent of the problem, however, is difficult. Plateforme TraiteExternal link (Swiss Platform against Human Trafficking), of which FIZ is a member, helped 492 victims in 2021. Yet there were a mere 13 convictions for human trafficking that same year. Overall far more victims are registeredExternal link than convictions are handed down or crimes are recorded by the police. 

Professional human trafficking rings are in operation and the number of unreported cases of these crimes is high, according to police. However, it is rare for victims to escape and alert the police, as the woman from the DRC was able to do earlier this year.  

“Human trafficking takes place in secret, and the victims fear for their own safety or the safety of their relatives,” says Merz.  

Federalism plays a role in exacerbating the problem. The Federal Office of Police acknowledged in a reportExternal link that considerable differences between cantons exist. Cantons do not prioritise the fight against human trafficking in the same way; and not all authorities have access to the expertise needed. It is therefore not uncommon for victims to remain undetected – and for victim support to remain out of their reach as a consequence. 

Proposal in parliament 

After years of civil society organisations pointing out this policy deficit, change may finally be on the way. The parliamentary legal affairs committee is considering a proposal to modify the Victims Assistance Act that would extend support to victims of human trafficking-related crimes that were committed outside Switzerland. 

In addition, the federal government recently adopted a new national plan of action against human trafficking that states: “Persons residing in Switzerland who have been victims of human trafficking abroad shall receive the necessary protection and assistance”. 

Merz welcomes these developments “because the case at hand shows just how human trafficking usually operates across borders”. The fight against transnational crime usually lags one step behind criminal networks. In such cases, more effective victim protection would not only help the victims, but also strengthen the fight for justice. 

Who would benefit from a change in the law? 

The parliamentary proposal to amend the Victims Assistance Act includes a non-exhaustive list of people who could potentially benefit from this modification: victims of domestic violence, female genital mutilation, sexual violence, forced marriage, human trafficking and all other types of gender-based violence. 

By way of illustration, an example related to the Ukraine war is given: “For example, a woman who, due to the conflict, has experienced sexual violence at the hands of Russian soldiers in Ukraine, or who has been trafficked or raped while fleeing Ukraine, would not currently receive support services (access to counselling at specialised agencies, psychological support, legal counselling) under the Victims Assistance Act.” 

Edited by Balz Rigendinger. Adapted from German by Sue Brönnimann/Geraldine Wong Sak Hoi