- WHAT IS HUMAN TRAFFICKING ?
Trafficking in human is a serious crime which is characterised by a high degree of organisation and transnationality. It strikes fundamental human rights: the right to life, freedom, personal and family security and the prohibition of discrimination and humiliating or inhuman treatment. Women and children are most often the victims.
NOTE! You are a victim of human trafficking or forced labour – you are protected by law, regardless of whether you are in Poland legally or not. Please know that the activities of the Polish state and its competent institutions are focused on detecting a crime, capturing its perpetrators and punishing them, and providing protection and all necessary assistance to its victims.
Human trafficking is to enslave a personusing a wide range of criminal methods. They end up using a personregardless of her age, gender or nationality.
IMPORTANT! A perpetrator taking action to exploit other person even with its consent, is an essential element for classifying an act as the crime of human trafficking.
In the Polish law, the perpetrator’s activities indicated in Article 115 par. 22 of the Polish Penal Code, such as
- recruiting (incitement, enlisting, dragging),
- transport (movement, transport by means of communication),
- delivery (placement in another location),
- transfer (entrustment, providing for disposal),
- storage (keeping in one place, keeping hidden),
- retaining a person (detention of a transferred person).
Whereas, at the same time:
- using violence or an illegal threat,
- using deception, misrepresentation or the use of error or inability to understand the action taken,
- Abusing the relationship of dependence, critical position or a state of helplessness,
- thegranting or acceptance of a financial or personal advantage or a promise thereof to a person having the care or supervision of another person with a view to its use, even with his consent, in particular:
- in prostitution, pornography or other forms of sexual exploitation,
- in forced labour or services, mendicancy, slavery or other forms of exploitation that degrade human dignity,
- in order to obtain cells, tissues or organs in violation of the law
- if the behaviour of the offender involves a minor , it always constitutes trafficking in human beings, even if the methods or means mentioned above have not been used.
- IMPORTANT! ADDITIONAL CIRCUMSTANCES THAT MAY INDICATE HUMAN TRAFFICKING FOR FORCED LABOUR
- If you have worked in conditions that are not in accordance with the Polish Labour Code, i.e. not in accordance with the general rules according to which:
- you performed work without a signed contract or the contract of employment you were presented to sign was written in a language you do not know
- despite working, you do not receive the agreed remuneration or you are paid less than the agreed amount
- you do a different job than you were supposed to do
- the accommodation provided by the employer did not meet basic standards of comfort and hygiene
- you have been subjected to intimidation, physical violence, forced labour
- the working time exceeded 8 hours per day and on average 40 hours in an average five-day working week in the adopted settlement period not exceeding 4 months;
- the weekly working time, including overtime, exceeded 48 hours on average in the adopted pay period
- you were not entitled to at least 11 hours of uninterrupted rest every day
you may have become a victim of human trafficking. Remember that your agreement to the terms and conditions of employment does not exclude your employer’s liability for illegal activity.
- IMPORTANT – VICTIMS OF HUMAN TRAFFICKING ARE MOST OFTEN EXPLOITED:
- for forced labour in sex business,
- for mendicancy or domestic slavery,
- in order toobtain from them and then trade the organs ,
- criminal exploitation, credit fraud, social benefits.
- IMPORTANT! – THE IMPUNITY OF VICTIMS OF HUMAN TRAFFICKING.
- Victims of human trafficking are protected by law and are entitled to medical, psychological, legal and social assistance in order to be assimilated as soon as possible.
- AT THE BEGINNING – LEGALIZATION OF STAY
- Anyone who is a victim of human trafficking or forced labour is entitled to a number of rights, among other things:
- the possibility of confirming the legality of the stay, when they are staying on the territory of the Republic of Poland illegally (within the so-called reflection period);
- the possibility of obtaining a temporary residence permit with, among others, the right to work;
- the possibility for a victim of human trafficking to obtain a permanent residence permit under special conditions after only 1 year of residence on the basis of a temporary residence permit for victims of human trafficking.
- The impunity of the victims of human trafficking According to the law, it is necessary to refrain from prosecuting or sanctioning the victims of human trafficking in case of:
- granting a victim of human trafficking the status of an injured party in preparatory proceedings in respect of acts under Article 189a par. 1 of the Polish Penal Code,
- committing a prohibited act under the influence of physical or mental coercion, which they were compelled to commit as a direct consequence of becoming victims of human trafficking.
In recent years, the phenomenon of human trafficking has been receiving increasing attention from state and local government institutions. Since 2015, Pomeranian Voivodeship Team for Combating Human Trafficking operates in the Pomeranian Voivodeship. He is an advisory and opinion-forming body of the Pomeranian Voivode. The task of the Team is to carry out prevention activities, support and reintegration of victims of human trafficking and to stimulate the activity of local governments, foundations and associations in this field.
- IF YOU HAVE INFORMATION OR ARE A VICTIM OF HUMAN TRAFFICKING – THE FOLLOWING AUTHORITES WILL PROVIDE YOU HELP:
- Pomeranian Voivodeship Team for Combating Human Trafficking
Phone no. 58 30 77 156
- Immigrant Support Centre – CWII (Centrum Wsparcia Imigrantów i Imigrantek)
Address: ul. Gdyńskich Kosynierów 11 lok. 1, 80-866 Gdańsk
Phone no. 512 949 109
E-mail address: email@example.com
- Crisis Intervention Centre – OIK (Ośrodek Interwencji Kryzysowej)
Address: ul. Ks. Gustkowicza 13, 80 – 543 Gdańsk
Phone no. (+48) 58 511 01 21, (+48) 58 511 01 22
E-mail address: firstname.lastname@example.org
- Fundacja Przeciwko Handlowi Ludźmi i Niewolnictwu „La Strada”
helpline: (+48) 22 628 99 99
Phone no. (+48) 22 628 01 20
E-mail address: email@example.com
- Police Phone no. 997
- Border Guard Phone no. (+ 48) 800 422 322
- emergency number: 112
More information is available at the following websites:
handelludzmi.eu strada.org.pl cwii.org.pl oik.org.pl