The Council of Europe’s expert group on human trafficking (GRETA) has urged Malta to make efforts to guarantee effective access to compensation for victims of trafficking and to take measures to ensure that human trafficking cases are investigated proactively and lead to effective, proportionate, and dissuasive sanctions. These are among the main proposals for action included in the latest evaluation of Malta’s implementation of the Council of Europe Convention on Action against Trafficking in Human Beings published today.
Since the previous GRETA report, the legislation has been amended to increase the penalty for human trafficking, exclude from public procurement procedures companies involved in trafficking, and strengthen victims’ access to assistance. A new National Action Plan on Combatting Trafficking in Human Beings, covering the period 2020-2023, was adopted.
All victims of trafficking have so far been represented by NGO lawyers who are funded through projects. GRETA considers that the Maltese authorities should heighten their efforts to ensure that victims of trafficking receive legal assistance and free legal aid at an early stage, including by putting in place a system through the Legal Aid Agency to identify lawyers who are qualified to provide legal aid to victims of trafficking.
Despite the possibilities existing in Maltese law to claim compensation, no victim of trafficking has ever been granted compensation in Malta, be it from the perpetrators or the State. GRETA urges the authorities to make efforts to guarantee effective access to compensation for victims of trafficking, including by reviewing the eligibility criteria for state compensation and adding compensation to training programmes for judges and prosecutors.
GRETA is concerned that the majority of prosecutions for human trafficking have resulted in acquittals and that criminal proceedings are very lengthy, and it urges the Maltese authorities to ensure that human trafficking cases lead to effective, proportionate and dissuasive sanctions.
The report also examines progress made on the implementation of previous GRETA recommendations on selected topics. While commending the efforts made to prevent and combat trafficking for the purpose of labour exploitation, GRETA considers that the Maltese authorities should encourage law-enforcement officers, labour inspectors and other relevant actors to increase their outreach work to identify victims of trafficking.
In the period 2018-2020, a significant number of asylum seekers arrived in Malta by boat from Libya. GRETA urges the Maltese authorities to take additional steps to proactively identify victims of trafficking by screening asylum seekers for indicators of trafficking upon or swiftly after their arrival.
GRETA welcomes the increase in funding for victim assistance and the setting up of a safe house for victims of trafficking. However, GRETA considers that the Maltese authorities should continue to make efforts to ensure that all presumed and identified victims of trafficking receive unconditional and timely assistance and support, according to their needs, including by providing funding to NGOs which act as service providers.
Malta remains primarily a country of destination for trafficked persons. During the period 2017-2020, 44 persons were formally identified as victims of trafficking: labour exploitation was predominant (77% of the identified victims), followed by sexual exploitation.
