[ Human Trafficking, Country-by-Country ]
UKRAINE (Tier 2) – Extracted in
part from the U.S. State Dept
2023 TIP Report
The Government of Ukraine
does not fully meet the minimum standards for the elimination of
trafficking but is making significant efforts to do so. The
government demonstrated overall increasing efforts compared with the
previous reporting period; therefore Ukraine remained on Tier 2.
These efforts included significantly increasing cooperation with European
counterparts on anti-trafficking investigations despite diminished
resources and capacity due to Russia’s full-scale war against
Ukraine. For the second consecutive year, the government also
allocated more money to its national budget for anti-trafficking
measures. Finally, the government increased awareness efforts,
especially among displaced Ukrainians, and screened for potential
trafficking victims amongst vulnerable populations. During the
reporting period, Ukraine’s government operated on a total-war
footing to withstand Russia’s unprovoked full-scale invasion,
performing a range of core functions to mitigate trafficking risks despite
major war-related challenges, continued Russian strikes on Ukrainian
civilian and critical infrastructure targets, and displacement of nearly
one-third of Ukraine’s population, many of whom faced increased human
trafficking risks. However, the government did not meet the minimum
standards in several key areas. Authorities prosecuted and convicted
fewer traffickers, and most convicted traffickers avoided
imprisonment. This lenient sentencing weakened deterrence, did not
adequately reflect the nature of the crime, and undercut broader efforts to
fight trafficking. Despite persistent concerns about corruption
fostering impunity for trafficking crimes, for the sixth consecutive year
the government did not secure any convictions of complicit officials.
The government identified fewer victims and, while the government took some
steps to protect unaccompanied children, deficiencies in the
government’s oversight of children evacuated from Ukrainian care
institutions, increased their trafficking risk. NGOs continued to
identify systemic shortcomings in the implementation of the NRM and victim
services.
Prioritized Recommendations
Identify
and certify the official status of more victims to ensure they are afforded
their rights under the trafficking law and modify the procedure for
granting victim status to lessen the burden on victims to self-identify and
divulge sensitive information.
Vigorously
investigate and prosecute alleged trafficking crimes and seek adequate
penalties for convicted traffickers, which should involve significant
prison terms.
Increase
efforts to investigate, prosecute, and convict officials allegedly
complicit in trafficking crimes under the trafficking statute.
Increase
efforts to identify victims and vigorously screen for trafficking victims
among highly vulnerable populations, such as IDPs, refugees, unaccompanied
minors, children evacuated from care institutions, undocumented persons,
foreign migrant workers, women in commercial sex, and Ukrainian citizens
whom Russia has forcibly deported to its territory.
Provide
additional, extensive training on the NRM and the difference between
trafficking and other crimes to local officials and service providers
throughout the decentralization process to minimize disruption in
identification, referral, and assistance to trafficking victims.
Increase
protections for, and maintain data on, unaccompanied and separated
children, including children evacuated from Ukrainian care institutions.
Increase
training for law enforcement, prosecutors, and judges in the investigation
and prosecution of trafficking cases, particularly on forced labor, using a
victim-centered and trauma-informed approach, and how to gather evidence
outside of victims’ testimony.
Maintain
victims’ access to legal assistance throughout the criminal process
and improve victims’ ability to access court-ordered restitution in
criminal cases and compensation through civil proceedings.
Establish
and fill a dedicated national coordinator position to lead national efforts
to coordinate and implement anti-trafficking policies.
Increase
worker protections by eliminating recruitment fees charged to workers by
labor recruiters and ensuring employers pay any recruitment fees.
Increase
government funding for anti-trafficking efforts, particularly funding for
local communities.
Increase
law enforcement investigations and prosecutions of labor recruitment firms
engaged in fraudulent practices.
Finalize
the anti-trafficking strategy and allocate resources to its implementation.
|