Combating human trafficking

Despite the efforts of international, public, and state organizations, the problem of human trafficking continues to exist in the modern world. Human trafficking is one of the most brutal crimes against humanity. The Republic of Belarus assumes responsibility for protecting victims of human trafficking or related crimes (hereinafter referred to as victims of human trafficking) and respecting their rights in accordance with human rights legislation. This responsibility includes providing access to justice, the opportunity to file a claim for compensation for harm caused, the right to asylum, provision of medical services, as well as assistance in returning to their homeland. Protection and rehabilitation measures in the Republic of Belarus apply to citizens of the Republic of Belarus, foreign citizens, or stateless persons (hereinafter referred to as foreigners) who have been subjected to human trafficking or related crimes.

The main law in the Republic of Belarus defining the organizational and legal foundations for combating human trafficking and the system of measures to protect and rehabilitate victims of human trafficking is the Law of the Republic of Belarus "On Combating Human Trafficking" dated January 7, 2012, No. 350-Z (the text of the Law can be viewed on the website of the Ministry of Internal Affairs of the Republic of Belarus at the link: http://mvd.gov.by).

In accordance with this Law:

Human trafficking is the recruitment, transportation, transfer, harboring, or receipt of a person for the purpose of exploitation, committed by means of deception, or abuse of trust, or use of force, or threat of force. The consent of a citizen to planned exploitation is not taken into account if any of the means of influence specified in this paragraph was used. The recruitment, transportation, transfer, harboring, or receipt of a minor for the purpose of exploitation is considered human trafficking even if it is not associated with the use of any of the means of influence specified in this paragraph.

Exploitation is the unlawful coercion of a person to work or provide services (including acts of a sexual nature, surrogate motherhood, removal of organs and/or tissues from a person) in a case where he/she, for reasons beyond his/her control, cannot refuse to perform work or provide services, including slavery or customs similar to slavery.

Crimes related to human trafficking include the use of prostitution or the creation of conditions for prostitution; involvement in prostitution or coercion to continue prostitution; use of slave labor; abduction of a person; illegal actions aimed at employment of citizens abroad; manufacture and distribution of pornographic materials or objects of a pornographic nature depicting a minor.

The Republic of Belarus has ratified the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime of November 15, 2000, signed by the Republic of Belarus on December 14, 2000.

According to the Protocol, "trafficking in persons" means the recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of exploitation by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or vulnerability, or by means of payments or benefits to obtain the consent of a person having control over another person. In addition:

• exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude, or the removal of organs;
• the consent of the victim of trafficking in persons to the intended exploitation shall be irrelevant if any of the means set forth above has been used;
• the recruitment, transportation, transfer, harboring, or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if it does not involve any of the means set forth above;
• "child" means any person under the age of 18.

Trafficking in persons is a crime in the Republic of Belarus, for which the Criminal Code of the Republic of Belarus provides for punishment of up to fifteen years of imprisonment.

Victims of trafficking in persons have the right to assistance, regardless of citizenship and legal status.

Identification (recognition) of a foreign citizen or a stateless person as a victim of trafficking in persons is carried out by the internal affairs bodies, state security bodies, border service bodies, prosecutor's offices, the Investigative Committee, and public associations, international and foreign organizations operating in the field of combating trafficking in persons may also participate in identification.

If a foreigner is a victim of human trafficking, as well as a witness in criminal cases involving human trafficking or crimes related to human trafficking, or provides assistance to bodies conducting operational-search activities, upon a reasoned request from such bodies or the body conducting the criminal proceedings, the expulsion or deportation of this person is suspended until a decision (verdict) is made in the criminal case against persons guilty of human trafficking or committing a crime related to human trafficking. In this case, a person who is a victim of human trafficking is registered with the registration authority at the place of actual temporary stay in accordance with the legislative acts of the Republic of Belarus, regardless of the circumstances of their entry into the Republic of Belarus.

A foreigner who is a victim of human trafficking and actively contributes to the investigation of a criminal case involving human trafficking or a crime related to human trafficking, whose period of stay in the territory of the Republic of Belarus has expired, the internal affairs bodies of the Republic of Belarus, upon a reasoned request from the body conducting operational-search activities or the body conducting the criminal proceedings, in the manner established by the legislation of the Republic of Belarus, issue permits for temporary residence in the Republic of Belarus, usually for a period of no more than one year for their participation in the criminal process, social protection, and rehabilitation (Article 22 of the Law of the Republic of Belarus "On Combating Human Trafficking" of January 7, 2012, No. 350-Z).

If a foreigner who may have suffered from human trafficking or related crimes wants to take "time to reflect" (within 30 days from the date of filling out the questionnaire) and does not immediately decide to cooperate with law enforcement agencies, their stay will be legalized on the basis of temporary stay for a period of 30 days.

If a foreigner who may have suffered from human trafficking or related crimes does not decide to cooperate with law enforcement agencies after 30 days, they will be able to use assistance in voluntary return to the country of origin (information is in section 7.2. ASSISTANCE PROGRAM "VOLUNTARY RETURN" AND REINTEGRATION).

An individual who has committed an administrative offense due to circumstances caused by acts committed against them, entailing liability under Article 181 "Human Trafficking" of the Criminal Code of the Republic of Belarus, or acts aimed at their use for the purpose of sexual or other exploitation, liability for which is provided for by Articles 171, 171-1, 181-1, 182, 187 of the Criminal Code of the Republic of Belarus, is exempt from administrative liability (Article 8.7 of the Code of Administrative Offenses of the Republic of Belarus).

The following measures for protection and rehabilitation are applied to victims of trafficking with their consent:

• ensuring safety;
• social protection and rehabilitation (providing temporary accommodation, legal and juridical, medical, psychological, social and pedagogical assistance, and other aid, assistance in finding permanent employment);
• material support;
• suspension of expulsion and deportation;
• translation services are provided if necessary.

A foreign citizen or a stateless person who may have suffered from human trafficking or related crimes is also entitled to protection and rehabilitation within 30 days from the date of application and filling out the questionnaire by state organizations (bodies) or public associations, international and foreign organizations operating in the field of combating human trafficking, regardless of participation in criminal proceedings.

Public associations, international and foreign organizations operating in the field of combating human trafficking identify (recognize) a foreign citizen or a stateless person who may have suffered from human trafficking or related crimes based on the definition of "human trafficking", guided by the following regulations:

• The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime;
• The Council of Europe Convention on Action against Trafficking in Human Beings;
• The Law of the Republic of Belarus "On Combating Human Trafficking" dated 07.01.2012 No. 350-Z;
• Decision of the Council of Ministers No. 485 of 11.06.2015 "On Approval of the Regulation on the Procedure for Identifying Victims of Human Trafficking, the Procedure for Filling out and the Form of the Citizen's Questionnaire Who May Have Suffered from Human Trafficking or Related Crimes, and the Procedure for Providing Information Contained Therein".

Victims of human trafficking (including foreigners) identified as such by public associations, international and foreign organizations are provided with the following assistance:

• assistance in returning to their homeland,
• medical assistance,
• psychological assistance,
• legal assistance,
• humanitarian assistance,
• translation assistance.

Persons (including foreigners) who have become victims of human trafficking can seek help from the following organizations and state bodies:

The Main Directorate for Drug Control and Combating Human Trafficking of the Ministry of Internal Affairs of the Republic of Belarus
Ministry of Internal Affairs: Minsk, 220030, Gorodskoy Val St., 4
phones: 8 (017) 218 71 70, 218 71 69, 218 73 42, 218 74 49
E-mail: uniptl@tut.by

Brest region: 8 (0162) 27 56 77, 45 06 00
Vitebsk region: 8 (0212) 24 86 59, 24 78 15
Gomel region: 8 (0232) 70 42 17, 70 36 53
Grodno region: 8 (0152) 79 73 58, 79 79 11
Minsk region: 8 (017) 229 06 07, 229 06 12
Mogilev region: 8 (0222) 29 80 92, 29 80 91
City of Minsk: 8 (017) 200 90 47, 229 40 42

You can also find contacts of drug control and anti-human trafficking departments on the website of the Ministry of Internal Affairs of the Republic of Belarus at the link: http://mvd.gov.by/ru/main.aspx?guid=10061.

Representation of the International Organization for Migration (IOM) in the Republic of Belarus
Minsk, 220005, Gorny Lane, 3
Phone: + 375 17 284 46 91, + 375 17 284 46 02
E-mail: iomminsk@iom.int

Public Association "Club of Business Women" in Brest:
Brest, 224030, Svoboda Square, 8
E-mail: bpwbrest@brest.by

Phone of the "Hotline for safe departure, stay abroad and combating human trafficking"

• phone for calls within Belarus:
  8-801-201-5555
  works from 8.00 to 20.00 without days off
  call is free from landline phones, operators "A1", "MTS"
• phone for calls from abroad and from mobile phones:
  +375 162 21 88 88
  paid call

Belarusian Red Cross Society
Secretariat
Minsk 220030, Karl Marx St., 35
phone: (8-017) 327-26-20
E-mail: International@redcross.by, info@redcross.by

Regional branches – "Helping Hand" Centers:

• Brest 224028, Orlovskaya St. 28-d
  Phone: (8-0162) 42-86-52
• Vitebsk 210027, Builders Ave. 6
  Phone: (8-0212) 57-41-33
• Gomel 246050, Proletarskaya St., 9
  Phone: (8-0232) 75-55-71
• Grodno 230023, Ozheshko St., 1
  Phone: (8-0152) 74-35-34
• Mogilev 212030, Pervomayskaya St., 52
  Phone: (8-0222) 32-70-35

More detailed information is available in section: 7.2. ORGANIZATIONS ASSISTING FOREIGNERS.