EN
Spain
Country Profile
Action Plan on Trafficking in Persons – Smuggling of Migrants
Following the expiry of the first National Action Plan to combat TIP for sexual exploitation in 2012, Spain implemented the second National Action Plan to combat TIP of women and girls for sexual exploitation (2015-2019). This is an integral and multidisciplinary instrument specific to combatting trafficking for sexual exploitation. It provides a road map for implementing actions to combat the trafficking of women and girls for sexual exploitation.
- The Plan as developed through data driven analysis on trafficking of women and girl for forced sexual labor. It is worth noting that the data goes beyond strictly police and judicial data on the investigation and prosecution of the crime.
- The plan utilizes a multidisciplinary approach, that takes into account the prevention and prosecution of the offence as well as protection and care for victims.
A Seven Pillar National Action Plan:
Human rights approach.
Gender approach.
Primacy consideration of the minor’s best interest.
Improving our understanding of the state of trafficking for sexual exploitation.
The victims are the centre of the entire process.
Prosecuting the crime.
Comprehensive approach, cooperation and participation.
The Action Plan is divided into five priorities, 10 objectives and 143 measures. It is based on the priorities enshrined in the EU Strategy against human trafficking.
Priority 1: detection and reinforcement of prevention of trafficking.
Priority 2: identification, protection and assistance for victims of human trafficking.
Priority 3: analysis and enhanced understanding, to respond effectively to trafficking for sexual exploitation.
Priority 4: more active prosecution of traffickers.
Priority 5: coordination and cooperation among institutions, and the participation of civil society.
Comprehensive National Plan (English)/ (Spanish)/ (French)
The National Strategic Plan against Trafficking and Exploitation of Human Beings under development (please refer to section: Relevant National Legislation and Policies, new policies). The process is coordinated by the State Secretariat for Security, and it includes the participation of all stakeholders.
This plan is organized into two parts:
one is the legal framework of the phenomenon of trafficking in human beings together with an updated vision of the situation in Spain
the other outlines the goals and criteria on which it was designed and lays out a series of actions needed for an integral approach with full guarantees
The plan is organized around five priorities:
Detection and prevention of trafficking in human beings
Protection, assistance, and recovery for victims
Prosecution of the crime
Cooperation and coordination
Increasing knowledge about this phenomenon
Please refer to the Comprehensive Plan to combat trafficking of human beings for the purpose of sexual exploitation for further information.
Related Action Plans
The Third Action Plan against the Sexual Exploitation of Children and Adolescents includes a chapter on TIP for the purpose of sexual exploitation and refers to the Action Plan to Combat TIP for Sexual Exploitation, which had specific actions on child victims of trafficking. One of the operational measures envisaged by this action plan is to provide specialized assistance to child victims of trafficking for the purpose of sexual exploitation, which requires coordination between relevant ministries and the authorities of the autonomous communities. The monitoring and evaluation of the Third Action Plan is carried out by the Working Group on Child Abuse at the Observatory on Children, which publishes annual reports
The First Human Rights Plan for 2009-2011 was adopted in December 2008. One of its objectives was to combat TIP, including through closer international cooperation. The Human Rights Plan addressed TIP in the context of migration policies and the fight against the smuggling of migrants. Further, it called for the adoption of an action plan to combat TIP, in particular of women and children, and the introduction of the crime of TIP in the Criminal Code. The evaluation of the First Human Rights Plan was published in November 2012.
Regarding domestic and gender-based violence, Spain has developed the following instruments:
Organic Law 1/2004, of December 28, on Protection Measures Comprehensive against Gender Violence.
An action guide for women who are experiencing domestic violence in a situation of home stay due to COVID-19.
Institutional Framework
The Institution/s in charge of identifying VOTs or traffickers in the field
Only law enforcement (National Police and Civil Guard) can formally identify VOTs.
The National Police, the main police force in municipalities of more than 20,000 inhabitants, is in charge of asylum and immigration. The National Police has central, provincial, and local units.
The Civil Guard is responsible for controlling the Spanish coastline, borders, ports, and airports, and in that context, it controls irregular migration.
Both the National Police and the Civil Guard have Judicial Police units that assist judges, courts, and prosecutors in criminal investigations. The provincial Judicial Police brigades of the National Police include Groups on Minors (GRUMEs), tasked with protecting child victims of physical and psychological abuse. Since 1995, the Civil Guard has had Teams for Women and Minors (EMUMEs) set up to protect and assist vulnerable persons such as women, children, the elderly, and the disabled, as well as to investigate crimes involving them as victims. EMUMEs are part of the Judicial Police Units in charge of the investigation of TIP-related crimes. The National Police and the Civil Guard are trained to identify victims of trafficking and investigate TIP-related crimes.
Agency responsible for border management and control of entry and exit from the country
Under the Ministry of Interior, the two police agencies share roles and responsibilities.
National Police (border control, immigration, refuge and asylum, extradition and expulsion)
Civil Guard (border surveillance)
National Actors Addressing Smuggling of Migrants
The Civil Guard is responsible for controlling the Spanish coastline, borders, ports, and airports, and in that context, it controls irregular migration. The National Police has set up Units against Immigration Networks and False Documents (UCRIFs), which are in charge of investigating criminal activities related to TIP, people smuggling, and irregular immigration.
National Coordinating Bodies
Spain has no coordinating committee as per se, but there are two main agencies that handle coordination and forums to support other actions related to TIP.
The Government Delegation against Gender-Based Violence within the State Secretariat for Social Services (Ministry of Health, Social Services and Equality) is responsible for promoting coordination at the central government level on issues related to trafficking for the purpose of sexual exploitation, including implementation of the Action Plan to Combat TIP for Sexual Exploitation. The Government Delegation against Gender-Based Violence is also tasked with promoting cooperation among the public institutions and administrations that are responsible for assisting and protecting victims of trafficking.
In July 2009, the Social Forum to Combat Trafficking in Human Beings for Sexual Exploitation was set up to enhance cooperation and exchange of information between the competent authorities and civil society. The Social Forum was established under the Action Plan to Combat TIP for Sexual Exploitation and was coordinated by the Government Delegation against Gender-based Violence. It is composed of NGOs specialized in providing assistance to victims, representatives of nine ministries involved in the implementation of the action plan, and representatives of two autonomous communities (Navarra and Galicia) and the Spanish Federation of Municipalities and Provinces. A working group on children has been set up within the Social Forum. The Social Forum’s publishes its internal regulation and meeting agendas (in Spanish only) are available on its website.
The inter-ministerial agreement for the implementation of the Framework Protocol for the Protection of Victims of Trafficking set up a Monitoring Committee for its follow-up, which is also tasked with deciding on issues of interpretation or compliance. The Monitoring Committee was established in June 2012 with representatives from the Ministries of Justice, the Ministry of the Interior, the Ministry of Employment and Social Security, the Ministry of Health, the Ministry of Social Services and Equality (through the Government Delegation), as well as the General Council for the Judiciary and the State Prosecution Service. It meets at least twice a year. NGOs are not members of the Monitoring Committee.
Through a resolution of the Secretary of State for Security of April 3, 2014, the Director of the Private Office of the Secretary of State for Security was appointed as National Rapporteur for trafficking in human beings. This appointment was linked to the designation of the Intelligence Centre against Terrorism and Organized Crime (CITCO) as focal point in the field of TIP on May 27, 2014, with the aim of supporting the National Rapporteur in his tasks. The Office of the National Rapporteur has a total of three staff, including a focal point official at CITCO. The tasks of the Office of the National Rapporteur include supervision, monitoring, and control of the anti-trafficking activities of all state institutions; assessment of trends in TIP; measuring results of actions; collection and analysis of information; identification and exchange of good practices; and development of common indicators to facilitate comparison and consistency of information. The Office of the National Rapporteur is focusing on creating synergies and channels for coordination among stakeholders, establishing collaboration mechanisms, and providing a greater role to NGOs. Every three months it convenes meetings of the state actors involved in the fight against TIP to which civil society actors and international organizations are invited.
Specialized Trafficking in Persons (TIP) and Smuggling of Migrants (SOM) Unit
Both the National Police and the Civil Guard have Judicial Police units that assist judges, courts, and prosecutors in criminal investigations. These are the departments/units specialized in TIP and SOM.
The provincial Judicial Police brigades of the National Police include Groups on Minors (GRUMEs), tasked with protecting child victims of physical and psychological abuse.
Since 1995, the Civil Guard has had Teams for Women and Minors (EMUMEs) set up to protect and assist vulnerable persons such as women, children, the elderly, and the disabled, as well as to investigate crimes involving them as victims. EMUMEs are part of the Judicial Police Units in charge of investigating TIP-related crimes. The National Police and the Civil Guard are trained to identify victims of trafficking and investigate TIP-related crimes.
In January 2013, a new internal structure of the National Police was set up, including a Central Brigade against TIP, under the Central UCRIF Unit (Unit against Immigration Networks and False Documents), which means that combatting TIP continues to be linked to action against people smuggling and irregular migration. The main tasks of the new brigade are “to investigate and combat networks and criminal organizations involved in the smuggling of migrants, illegal immigration, labour exploitation, exploitation of prostitution and TIP.
In addition, the National Police includes a Central Brigade against Organized Crime, a Brigade to Respond to Clandestine Immigration (which includes TIP), and a Central Brigade for the Investigation of Crimes against Persons, which covers crimes against children.
A register of unaccompanied foreign minors (MENAS) is also run by the Directorate General of Police. The Spanish authorities report that 103 officers have been posted in the new Central Brigade against Human Trafficking, which includes specialized groups on issues such as income-related investigations.
Introduction
General Information
Spain serves primarily as a destination country for victims of trafficking, most of which originate from Eastern Europe (mainly Romania), Africa (mainly Nigeria), Asia (mainly China), and South America (mainly Paraguay). Spain however continues to act as a country of transit, chiefly to European countries. Most African nationals that travel to Spain do so by land and by boat. Nigerians, who represent the largest body of foreign nationals exploited through trafficking, often travel across the Sahel (via Niger, Mali, and Burkina Faso), and through the Maghreb. The victims who arrive in Spain are usually grouped together by traffickers and transferred to the places where they will be exploited: clubs with rooms, private houses, scattered all over the Spanish territory. As a result, Nigerian, Chinese and Romanian migrants represent the largest foreign nationalities arrests for crimes related to prostitution. Additionally, unaccompanied minors remain highly vulnerable, and often targeted for sex trafficking and forced begging. Trafficking networks have increasingly targeted western Mediterranean countries, like Spain, where the routes are perceived by traffickers to be less controlled. Alongside the number of new asylum seeker and refugees arriving in Spain, who are perceived by traffickers as particularly vulnerable, Nigerien criminal networks have recruited victims from reception centers in Italy, who are then forced into prostitution in Spain. This has led to concerns that the number of victims of trafficking in Spain will steadily increase.
Main Trends and Figures
In 2019, authorities reported identifying 467 victims (250 of sex trafficking, 173 of labor trafficking, 24 of forced criminality, and 20 of forced begging), compared with 225 victims (130 of sex trafficking, 80 of labor trafficking, 3 of forced criminality, and 12 of forced begging) in 2018. The government identified 4 minor victims and only 1 Spanish victim in 2019. NGOs reported assisting approximately 638 victims and 4,842 potential victims in 2019. In 2019, courts convicted 44 traffickers (37 for sex trafficking, 4 for labor trafficking, and 3 for forced criminality), compared with 61 convictions in 2018 (46 for sex trafficking and 15 for forced begging). Of the convicted traffickers, 20 were Nigerian, 19 were Romanian, 3 were Bosnian, 1 Colombian, and 1 Spanish national.
Between 2017 and 2020, the International Organization for Migration (IOM) assisted 58 VOTs with voluntary return. The number of migrants assisted with voluntary return was 212 in 2018, a decrease from the 889 assisted in 2014.
SOM: The authorities reported total of 41,861 irregular migrants arrived in Spain in 2020, an increase of 29% from the 32,449 reported in 2019.
Existing Mechanisms
Trafficking in Persons (TIP) and Smuggling of Migrant (SOM) Hotlines
TIP/SOM- Domestic and gender-based violence: 016 / 112 TIP: 091 / 062 / 900 15 21 52 / 900 19 10 10 TIP hotlines (NGOs): 607 54 25 15 / 609 58 94 79
Others (Children protection/ assistance) - 900 20 20 10
The hotlines are available free of charge 24 hours a day, seven days a week
Measures to Detect Trafficking in Persons (TIP) and Smuggling of Migrants (SOM) Cases Along the Borders
The identification of potential VOTs is the mandate of the Spanish law enforcement.
The identification of possible victims of TIP at border points is done by the Office of the Commissioner-General for Aliens and Borders of National Police. When the Civil Guard intervenes through its units of the Fiscal and Borders Department, possible victims are brought to the Office of the Commissioner-General for Aliens and Borders. There is a structure in the Central Border Unit of National Police that carries out functions of management, coordination, and control in relation to entry and departure of Spanish nationals and foreign nationals into and from the national territory. Furthermore, the detection of possible victims of TIP at border points is done both by the Office of the Commissioner-General for Aliens and Borders of National Police and the Customs and Border Command of Civil Guard, depending on where it takes place, at a border crossing point or another border area such as the maritime border.
The National Police has created the Protocol of Intelligence and Collection of Data for the Analysis of Risks at Borders in the framework of the Integral Plan of Spanish Border Management. Its aim is gathering and immediately communicating any information that can enable the adoption of measures and mechanisms to prevent and combat irregular immigration, trafficking in human beings, and document counterfeiting, as well as identifying threats and risks at the borders.
National Referral Mechanism (NRM) and/or Standard Operating Procedures (SOP)
There is no national referral mechanism per se, but there is the Instruction 6/16 of the Secretary of State for Security “on actions of the State Security Forces and Bodies in the Fight against TIP and in Collaboration with Organizations and Entities with Accredited Experience in Assistance to Victims.”
The Framework Protocol for the Protection of Victims of Human Trafficking, concluded in 2011 by the Ministries of Health, the Ministry of Social Services and Equality, the Ministry of the Interior, the Ministry of Justice, the Ministry of Employment and Social Security, the General State Prosecutor’s Office, and the General Council of the Judiciary constitutes an informal National Referral Mechanism in the field of human trafficking. It also established for the first time the formal communication systems between the administrations with authority in the matter and acknowledged the work of NGOs specialized in the care of the victims. Its application extends to human trafficking for any ends, irrespective of the victim’s sex, age, origin, or administrative situation. This protocol has been the basis for the articulation of various regional protocols. It is also designed to establish the guidelines for coordinating the processes for identification, determination of age and referral to the public body for the protection of minors, and the proper functioning of the Register of Unaccompanied Foreign Minors (RMENA), focusing on guaranteeing the greater interest of the minor, and including among the questions regulated aspects related to the protection of possible underage foreign victims of trafficking.
Law Enforcement Agencies Responsible for Investigating Cases of Trafficking in Persons (TIP) and Smuggling of Migrant (SOM)
Criminal investigations, including those concerning TIP offences, are almost exclusively carried out by National Police and Civil Guard.
Both the National Police and the Civil Guard have Judicial Police units that assist judges, courts, and prosecutors in criminal investigations. The National Police and the Civil Guard are trained to identify victims of trafficking and investigate TIP-related crimes.
National Police, which comprises central, provincial and local units, has set up the Central Brigade for Combatting Human Trafficking under the Unit against Immigration Networks and False Documents (UCRIF). There are 23 territorial UCRIF units that deal with TIP cases, and in parts of the country where there are no UCRIF, TIP cases are dealt with by the brigades for aliens’ affairs. National Police has approved a Strategic Plan for 2017-2021, which includes as an objective the dismantling of national and international networks dealing with migrant smuggling and TIP for all forms of exploitation. In addition, the provincial Judicial Police brigades of the National Police include Groups on Minors (GRUMEs), tasked with protecting child victims of physical and psychological abuse.
Civil Guard has Human Trafficking Groups within the Criminal Intelligence Unit and the Central Operative Unit of the Criminal Investigation Command (Judicial Police). At the provincial level, there are TIP teams within the criminal investigation units. As within National Police, Civil Guard “social interlocutors” have been appointed in all regions of Spain. National Police is responsible for entry/exit border control checks and procedures concerning Spanish and foreign citizens. In addition, since 1995 the Civil Guard has had Teams for Women and Minors (EMUMEs) set up to protect and assist vulnerable persons such as women, children, the elderly, and the disabled, as well as to investigate crimes involving them as victims. EMUMEs are part of the Judicial Police Units in charge of investigating TIP-related crimes.
SUPPORTING AND MONITORING INVESTIGATIONS
The Counterterrorism and Organized Crime Intelligence Centre (CITCO) under the Ministry of the Interior, which is staffed by officers from National Police and Civil Guard, act as focal point for the National Rapporteur. It develops strategic intelligence to combat organized crime and operational coordination when more than one law enforcement agency is involved in an investigation. It also keeps the Management Data System on Trafficking in Human Beings (BDTRATA).
The State Prosecution Service, at its Unit on Foreign Nationals, constantly monitors criminal proceedings for TIP crimes (all types of trafficking) thanks to a daily control and followup of police investigations. This information is public and can be consulted on the website www. fiscal.es (under Fiscal especialista/Extranjería/Documentos y normativa) under the title of “Notas informativas y seguimiento del delito de trata de seres humanos” (informative notes and followup on the crime of trafficking in human beings).
Identity and Travel Documentation Investigation and Forensic Lab
The National Police has set up Units against Immigration Networks and False Documents (UCRIFs), which are in charge of investigating criminal activities related to TIP, people smuggling, and irregular immigration. A central unit within the Police Headquarters for Foreign Nationals and Borders coordinates 23 territorial UCRIF units throughout Spain. In provinces or municipalities with no UCRIF unit, the above-mentioned tasks are performed by provincial or local police squads on foreign nationals. In January 2013, a new internal structure of the National Police was set up, including a Central Brigade against TIP, under the Central UCRIF Unit, which means that combatting TIP continues to be linked to action against people smuggling and irregular migration. The main tasks of the new brigade are “to investigate and combat networks and criminal organizations involved in the smuggling of migrants, illegal immigration, labour exploitation, exploitation of prostitution and TIP.”
In addition, the National Police includes a Central Brigade against Organized Crime (BRIC), a Brigade to Respond to Clandestine Immigration (which includes TIP), and a Central Brigade for the Investigation of Crimes against Persons, which covers crimes against children. A register of unaccompanied foreign minors (MENAs) is also run by the Directorate General of Police. The central brigade coordinates the work of the different brigades with other national or international police units and provides them with support and intelligence.
Technical Working Groups
Within the different social forums (for children, to combat trafficking), ad hoc groups are created to work on various topics related to the forum’s main theme.
The Social Forum has established a working group to analyze the impact of legal measures regarding the protection of public safety with regard to the identification of victims of TIP for sexual exploitation, which met for the first time in December 2017. It involves representatives of the Spanish network against TIP and other NGOs, the Ministry of the Interior, the Government Delegation against Gender-Based Violence, the Spanish Federation of Municipalities, and parliamentarians. At the same time, there has been increased coordination of stakeholders through meetings organized by the Office of the National Coordinator, covering TIP in general.
A working group was set up comprising representatives of the Prosecution Service (specialized services dealing with children and with foreign nationals), the Ministry of Justice, the Ministry of Education, Culture and Sports, the Ministry of Employment and Social Security, the Ministry of the Interior, the Ministry of Health, Social Services and Equality, the autonomous regions, the autonomous city of Ceuta, as well as the Red Cross, Save the Children, FAPMI ECPAT Spain, the Spanish Network against Trafficking in Human Beings, Foundation Amaranta, APRAMP, and UNICEF. A draft protocol, including a list of indicators, was presented at the Plenary of the Children’s Observatory on December 1, 2017, with the intention of making it an annex to the Framework Protocol of the Protection of Victims of TIP and its final adoption in March 2018. https://observatoriodelainfancia.vpsocial.gob.es/estadisticas/docsTecnicos/home.htm
Spanish Network against Trafficking in Persons, which is composed of over 20 NGOs and international bodies as either full or associated members. The network is represented by a coordination committee comprising a secretariat and focal points from the two working groups which have been set up within the network (on identification and referral of victims and on policy and awareness). The tasks of the secretariat are carried out in turn by a member organization, with a rotation every four months, and decisions are taken at plenary sessions with the participation of all members. The Spanish Network against Trafficking in Persons additionally publishes a factsheet that can be found on their website.
Agency in charge of Trafficking in Persons (TIP)/Smuggling of Migrants (SOM) data collection and processing
The Spanish authorities do not have a comprehensive statistical system on TIP. Data collection is carried out by different authorities: National Police, Civil Guard, the Immigration Prosecutor’s Office, specialized NGOs, and autonomous governments. The collection of data from various actors remain challenging because there is no consensus on the data.
CITCO’s Trafficking Data Management System (BDTRATA) is a tool for compiling quantitative information about preventing and combatting TIP, on the basis of information received from the State Security Forces. The analysis of the information on personal data that has been collected by BDTRATA is framed by Law 15/1999 of December 15 on the protection of personal data. Since 2013, CITCO has updated, improved and adapted BDTRATA in order to obtain broader and more reliable information on the different purposes of trafficking in Spain, which is not only limited to sexual exploitation purposes. The information in BDTRATA is the basis for the preparation of the annual reports on TIP published by CITCO, which prior to, had focused mainly on trafficking for sexual exploitation. In 2015, for the first time, CITCO published data on not only victims of TIP for sexual exploitation, but also those exploited for labor exploitation. Since 2016, CITCO has begun collecting data on all forms of TIP, including forced begging, forced criminal activity, and forced marriage.
The Prosecutor Service’s unit dealing with foreign nationals’ affairs (Fiscalia de Extranjeria) collects information on criminal proceedings in TIP cases, including on victims in such proceedings, and publishes an annual report entitled “Informative notes and follow-up on the crime of trafficking in human beings.” The difference between the statistics on victims of trafficking collected and published by the Prosecutor’s Office and those of CITCO (BDTRATA) arises from the fact that the CITCO statistics come from all the police investigations with a suspicion of TIP, while the Prosecutor Office’s statistics are based on a judicial analysis of only those cases that can result in a proper judicial case. The Prosecutor Service’s unit dealing with foreign nationals’ affairs studies every action taken throughout the country regarding TIP, receiving information from all national and regional law enforcement agencies regarding police reports opened in accordance with Article 117 bis of the Criminal Code and the investigative measures taken, as well as requests for legal assistance. Since the last quarter of 2017, the General Council of the Judiciary has started collecting data directly from criminal courts on the judicial response to TIP. The 2017 and 2018 reports can be found on their website. (For English, see the GRETA report:
Protection and Assistance to Victims of Trafficking Agencies
Competent authority and mechanism used to officially identify and recognize a person as a VOT
Law enforcement (National Police and Civil Guard) are responsible for identifying VOTs. However, access to services and assistance is not conditional upon being officially recognized as a VOT. VOTs can be assisted under the direct assistance system.
Assistance Services and Contacts
A guide to the system of action and coordination in cases of gender violence is available on this website. There is also a resource available on this website as well as resources.
Cross-Border Cooperation
International Cooperation Agreements - Cross Border and Extradition Treaties
At the regional and International levels, in addition to agreements with the UN and the EU, Spain has signed the following agreements:
The Council of Europe European Conventions on Extradition and mutual judicial assistance is signed, alongside several bilateral or regional agreements on international cooperation in criminal matters.
Spain is party to several Inter-American Conventions, including on mutual assistance in criminal matters: The Belem do Pará Convention, which aims to prevent, punish, and eradicate violence against women and international trafficking of children; it also covers enforcement of foreign criminal convictions. Spain has also singed multilateral agreements with several Central American countries, covering mutual legal assistance in criminal matters, extradition, and arrest warrants. Further, Spain has concluded bilateral conventions concerning mutual legal assistance in criminal matters with Argentina, Bolivia, Brazil, Chile, Colombia, the Dominican Republic, El Salvador, Mexico, Panama, Paraguay, Peru, and Uruguay, and extradition agreements with Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, the United States, Uruguay, and Venezuela. Spain is a member of IberRed, the Ibero-American international judicial cooperation NETWORK, and the Ibero-American Association of Public Prosecutors (AIAMP).
The Headquarters Agreement between Spain and the International Organization for Migration (IOM) was signed in 2006 in Geneva. IOM’s office in Madrid, in cooperation with the Government of Spain, provides assistance with voluntary return and reintegration through the Assisted Voluntary Return and Reintegration programme.
At the bilateral level, Spain has signed these agreements:
The Spanish Ministry of the Interior has concluded agreements on cooperation in combatting organized crime (including human trafficking) with a number of countries, including Andorra, Bosnia and Herzegovina, Cameroon, China, Chile, Croatia, Egypt, Georgia, Ivory Coast, Kazakhstan, Mauritania, Mexico, Niger, Panama, the Philippines, Republic of Moldova, Saudi Arabia, Serbia, and Uzbekistan.
Spain has signed bilateral agreements with all its neighbors on cross-border police cooperation. These agreements govern cross-border police measures such as surveillance, controlled deliveries, and hot pursuit; joint police operations, in particular joint patrols; information-sharing; cross-border personnel support; and work at the joint centres for police and customs cooperation.
Within the EU, Spain collaborates with Europol and Eurojust in setting up joint investigative teams in TIP cases. Through international police cooperation, the State Security Forces have received signals from family members or acquaintances of trafficking victims being exploited in Spain (mainly from Romania and Bulgaria); in some cases this cooperation has made it possible to release the victims and arrest the traffickers.
The National Police maintains close cooperation with Frontex and has participated in joint international missions and exchange of information on TIP. The National Police also awaits the establishment of a joint investigation team with the Greek authorities in the framework on an enquiry on TIP in Spain. The Civil Guard has taken part in joint international actions regarding the sharing of intelligence, coordination of investigations, and joint investigative teams.
CITCO, National Police, and Civil Guard have implemented a number of joint actions in combatting trafficking at both the national and international levels. CITCO participates in the European Union’s Multidisciplinary Platform against Criminal Threats (EMPACT), established as a basic component in the EU’s 2011/2017 Policy Cycle. Moreover, data exchange has been enhanced through the network of the Ministry of the Interior’s Councilors and Attachés, and with the Police Links of other countries and international bodies such as Europol and INTERPOL.
The Spanish Agency for International Development Cooperation (AECID) under the Ministry of Foreign Affairs and Cooperation has funded three projects in Mauritania since 2013 (on combatting slavery and on the protection and integration of girls who are domestic workers and victims of violence and abuse).
The Migration and Development Fund Spain - Economic Community of West African States (ECOWAS) finances projects to promote free movement of people in Western Africa, to combat human trafficking, and to foster the link between migration and development (budget: 10 million euros). Currently, projects are being implemented in Burkina Faso, Guinea-Bissau, Liberia, Mali, Niger, Sierra Leone, and Togo.
Transnational Referral Mechanism
A transnational referral mechanism does not currently exist.
To learn more about TRMs, see IOM’s Transnational Referral Mechanism Model (TACT) project and tool.
Additional International Instruments
As part of the EU-funded project “Elaborating common guidelines and procedures for the identification of victims of trafficking” (Euro TrafGuID), practical tools for first-level identification of victims of different forms of TIP (sexual exploitation, labour exploitation, forced begging, and illicit activities) were developed, translated into Spanish, and made available on the website of the Government Delegation against Gender-Based Violence. Moreover, NGOs have produced various tools to promote the identification of victims of trafficking. The Spanish General Council of Lawyers issued a guide for lawyers on detecting and assisting victims of TIP.
Council of the Judiciary “Action Criteria Guide Detection and Investigation of Trafficking in Human Beings for The Purpose of Exploitation”
“Detection and Defense of Trafficking Victims” is a practical guide for the legal profession.
Report “The Other Side of Trafficking”
“IOM Handbook on Protection and Assistance for Migrants Vulnerable to Violence, Exploitation and Abuse”
Relevant National Legislation and Policies
Entry requirements
All 15 Economic Community of West African States (ECOWAS) member states and Chad, Libya, and Mauritania: Entry requirements vary by country.
Visa not required (30- to 90-day stay permitted): Cape Verde, Senegal.
Visa on arrival (7- to 30-day stay permitted): Benin, Burkina, Cote d’Ivoire, Guinea-Bissau, Guinea, Mauritania, Sierra Leone, Togo.
Visa required: Chad, Gambia, Ghana, Liberia, Libya, Mali, Niger, Nigeria. For third countries please refer to Schengen Visa Info
Visa exempted: all EU and Swiss nationals.
UK nationals: please refer to the website: How to Apply for a Spain Visa in the UK!
National legislation
In addition to the Council of Europe Convention on Action against Trafficking in Human Beings, Spain is party to the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (both of which it ratified in 2002). Spain is also Party to the UN Convention on the Rights of the Child and its Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography (ratified in 1990 and 2001, respectively), the Convention on the Elimination of All Forms of Discrimination against Women (ratified in 1984), as well as conventions elaborated under the International Labour Organization (ILO). Further, Spain is party to a number o Council of Europe conventions that are relevant t action against TIP, including the Conventio on the Protection of Children against Sexual Exploitation and Sexual Abuse and conventions on cooperation in criminal matters.
Spain is bound by the European Union (EU) Directive 2011/36/EU of the European Parliament and of the Council of April 5, 2011 on preventing and combatting trafficking in human beings and protecting its victims, replacing Council Framework Decision 2002/629/JHA. Other relevant EU legislation applicable in Spain are Directive 2004/81/EC of April 29, 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, and who cooperate with the competent authorities, Directive 2004/80/EC relating to compensation to crime victims, and Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support, and protection of victims of crime, replacing Council Framework Decision 2001/220/JHA of March 15, 2001 on the standing of victims in criminal proceedings.
At the national level: Most recent and relevant legislation
The offence of TIP was introduced in the Spanish Criminal Code by Organic Law 5/2010 through the new Title VII bis on “Trafficking of Human Beings.” Article 177 bis of the Criminal Code criminalizing TIP entered into force in December 2010, and the first judgments dealing with this offence were handed down at the end of 2012.
Other internal legal acts relating to action against TIP include:
Organic Law 4/2000 on the Rights and Freedoms of Foreign Nationals in Spain and their Social Integration (hereinafter, the Law on Foreign nationals), which was amended in 2009 to introduce Article 59 Collaboration against organized networks and Article 59 bis on victims of trafficking of human beings.
Royal Decree 557/2011, which established a new regulation implementing the Law on Foreign nationals (hereafter, Regulation on Foreign nationals). Articles 140 to 146 of this regulation concern the identification of victims of trafficking, the recovery and reflection period (at least 90 days), non-punishment, temporary residence and work permits, the assisted return of victims of trafficking, and special rules on child victims of trafficking.
Organic Law 1/1996 on the Legal Protection of Minors, which establishes the rights of children (defined as persons below 18 years of age) and applies to all children on Spanish territory. The law regulates the protection of children, including through guardianship and the provision of specialized assistance.
Instruction 6/2016 of the Secretary of State for Security “on actions of the State Security Forces and Bodies in the Fight against TIP and in Collaboration with Organizations and Entities with Accredited Experience in Assistance to Victims.”
Existing Policies
There are no new policies, but there are recent developments, and some policies have been updated.
In 2017, the National Security Strategy established that organized crime represented one of the most determining threats these days. In this framework, it specifically mentions trafficking in human beings, the different illegal forms of trafficking or money laundering due to their seriousness.
In 2017, the National Police (Policía Nacional) and the Civil Guard (Guardia Civil) approved their Strategic Plans for the next few years, establishing the fight against organized crime, which encompasses trafficking in human beings, as a priority for both.
In 2019, the National Strategy against Organized Crime and Serious Crimes (2019- 2023) was approved. The strategy covers the fight against trafficking in human beings as one of its priorities. In order to address this phenomenon, it establishes several lines of action, among which a National Strategic Plan against Trafficking and Exploitation of Human Beings can be underscored. Its drafting is coordinated by the State Secretariat for Security, and it includes the participation of all stakeholders. This plan is outlines the legal framework, vision, objectives and the criteria for action, alongside five priority areas.
Detection and prevention of trafficking in human beings
Protection, assistance, and recovery of the victims
Prosecution of the crime
Cooperation and coordination
Increasing knowledge about this phenomenon
For more detail, see the most recent GRETA report.
Legal assistance and victim’s compensation
REGARDING LEGAL ASSISTANCE
In Spain, the information provided to victims of trafficking during the identification procedure refers to the right to free legal assistance, but not to the right to compensation from the traffickers or the State.
According to the Framework Protocol (Art 59), after the identification interview, the competent police officer provides information to the victim of trafficking on the right to free legal assistance, if the victim lacks financial resources, and the possibility of requesting support from an organization with experience in assisting victims of trafficking.
Law 1/1996 on Free Legal Aid applies to Spanish nationals, EU citizens, and third-country nationals lacking the necessary resources to initiate proceedings. Third-country nationals are entitled to legal assistance, free defense and representation in proceedings that may lead to being refused entry in Spain, expelled, or returned from Spain, and in all proceedings concerning asylum. Victims of trafficking are not included as such in the legislation currently in force, but the Ministry of Justice has indicated that adult and child victims of trafficking and victims of gender-based violence will be eligible for free legal aid under the revised law, which will include an expanded scope of beneficiaries.
The recovery and reflection period provides the victim of trafficking in human beings a period of time (at least 90 days as per Article 59 bis of the Organic Act on Foreign Nationals) to decide whether to collaborate with the authorities in the prosecution of the crime. Once the period of reflection has ended, the competent public administration will evaluate the victim’s personal situation in order to determine a possible extension of the aforementioned period. This provision in the Spanish legislation is aimed at foreign victims in irregular situations.
Legislation provides for the possibility of issuing residence permits to victims of trafficking both on the basis of the victim’s personal situation and for cooperation with the authorities. Paragraph 4 of Article 59 bis of the Law on Foreign Nationals makes the issuing of residence permits to victims of trafficking with irregular residency conditional on them being exempted from their administrative responsibility for irregular residency. If the government delegate recommends granting a residence permit, the victim automatically receives a temporary residence permit while the application is processed. This permit allows the holder to reside and work in any sector and location in Spain and is valid until a resolution is issued on the original application. Within one month after receiving the provisional residence permit, the victim must request a “foreigner identity card” in the Aliens Office or a competent police station.
Special protective measures for children: Regarding child victims of trafficking, residence permits are not made conditional upon their cooperation with the authorities. If nine months after the child was placed under the care of the competent child welfare authorities, reunification with the child’s family or return has not been possible, the child will be granted residence in Spain. That said, there is no specific legal provision on granting asylum to child victims of trafficking. The authorities in charge of processing asylum applications must place asylum seekers under 18 years of age who are in a vulnerable situation under the responsibility of the competent child welfare authority and notify the Prosecution Service.
REGARDING VICTIM’S COMPENSATION
There are no specific compensatory measures, but the Spanish authorities recognize that efforts in this regard must be increased to guarantee the right of victims to compensation. The following apply regarding the current compensation system:
In Spain, all victims of crime (whether adult or minor, national or foreigner) have the right to take part in criminal proceedings and demand compensation. All damages, both physical and moral, can be compensated provided that they are proved. Civil liability can be claimed from the perpetrators, as established by Articles 116 to 122 of the Criminal Code, before civil or criminal courts. If the victim of trafficking does not want to take part in criminal proceedings against the perpetrators, the public prosecutor will ask for compensation for damages inflicted on the victim unless he/she refuses compensation. Article 108 of the Criminal Procedure Law stipulates that the public prosecutor can file a civil action together with the criminal action, regardless of whether the injured party is involved in the criminal proceedings. That said, in order to make the perpetrators pay compensation to victims of trafficking, the money and goods must be seized in advance.