Agreement between the Government of the Hellenic Republic and the Council of Ministers of the Republic of Albania for the protection and assistance of children victims of trafficking

The Council of Ministers of the Republic of Albania and the Government of the Hellenic Republic, hereafter referred to as Contracting Parties, guided by the will to cooperate and implement and respect the rights and obligations stemming from the applicable international instruments concerning the protection of the rights of children;

Expressing their solidarity and their commitment to combat trafficking in children and any form of exploitation of children;

Taking into consideration that unaccompanied children are, in principle especially vulnerable to trafficking and need special protection and care;

Seeking, on the basis of reciprocity and in a spirit of cooperation, to deal with child trafficking;

Considering as a priority the protection of children victims of trafficking;

Aiming, based on reciprocity and a spirit of cooperation to establish the required legal framework for implementing specific procedures and structures for the protection and assistance of trafficked children;

Recognizing that the most effective way to prevent trafficking in children is to eliminate its root causes;

Recognizing that the best interest of the child victim of trafficking shall always be the key consideration;

Taking into consideration the relevant conventions ratified by both Contracting Parties and more specifically the European Convention on the Protection of Human Rights and Fundamental Freedoms (1950), the Convention on the Rights of the Child (1989), the Convention on the Elimination of all Forms of Discrimination against Women (1979) and the ILO Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour No. C182 (1999);

Taking into consideration the specific international conventions signed by both Contracting Parties, such as the UN Convention against Transnational Organised Crime (2000) and the Protocol to Pre-vent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the UN Convention against Transnational Organised Crime (2000);

Taking into consideration the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000), the Hague Convention on the Civil Aspects of International Child Abduction of 1980,

Have agreed as follows:

Article 1. Definitions

1.1 For the purposes of this cooperation agreement, the parties agree on the following definitions of the terms used herein:

Trafficking in children shall mean the recruitment, transportation, transfer, harbouring, or receipt of a child, including the exchange or transfer of control over such person, for the purpose of exploiting such a child. The consent of the child, implied or real, is immaterial.

Trafficker shall mean the perpetrator of trafficking in children. The concept of perpetrator shall include also legal persons, in accordance with the provisions of article 4 of the EU Council Framework Decision of 19 July 2002 on combating trafficking in human beings (2002/629/JHA).

Exploitation shall include the exploitation of the prostitution of children or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal or transfer of organs.

Child victim of trafficking shall mean any person under the age of 18 years old against whom the act of trafficking as defined in this Article has been committed. For the purposes of this agreement, a child shall be considered to become an adult on the date when he/she turns 18 years old. In the event that the exact date of birth is unknown, the child is considered to become an adult on December 31 of the year of its 18^th birthday. In the event that the age of the person is not established definitely but there are reasons to presume that the person is a child, the person shall be considered as a child and shall benefit from this agreement, until the persons’ age is fully established.

Potential child-victim of trafficking shall refer to the child who is in a present, concrete and serious situation, due to which the child faces the risk of becoming a trafficked child, as described above.

Unaccompanied child shall mean the person under the age of 18, who resides in the territory of one of the contracting parties, separated from the parents and not placed under the guardianship of an adult. Unaccompanied children shall benefit from the protection offered by the relevant Articles of this agreement when qualified as potential child-victims.

The person having custody of the child shall mean the parent or the person who represents the child, by virtue of the applicable laws of the country, where custody was granted

Provisional guardian shall mean the person responsible for the child until the implementation of a permanent solution.

Immigration Regulations shall mean the legal provisions which enable the issuance of residence permits to child victims staying in social centers, having attended a social integration programme.

I. PROSECUTION

Article 2. Effective harmonisation of definition of crimes and procedures – Cooperation on the basis of mutually accepted principles and methods

2.1 The Contracting Parties agree that, in the framework of their national legal systems and when required:

(a) special sanctions shall be imposed for trafficking in children and exploitation of children,

(b) in relation to the crime of trafficking in children, attempt, complicity and moral instigation shall be penalized,

(c) the liability of legal persons involved in trafficking in children shall be instituted,

(d) provisions shall be enacted imposing prohibitions, confiscation and administrative measures against traffickers,

(e) provisions shall be adopted prescribing the confiscation of all items in the possession of traffickers, which items were used for trafficking, irrespective of the fact that traffickers were the owners thereof,

(f) legislation shall be introduced prohibiting the display of gross negligence by the person having custody of the child or the delivery of the child to another person in exchange for money or for the purpose of wealth, and measures shall be taken against employers who employ children-victims,

(g) legislation on the protection of child witnesses shall be harmonized in conformity with international standards,

2.2 The Contracting Parties agree to adopt immigration regulations for the issuance of residence permits to children-victims in accordance with Article 9.4.

Article 3. Action and cooperation between police authorities

3.1 The Contracting Parties undertake to adopt effective measures, if no such measures already exist, for the establishment or operation of anti-trafficking units in the framework of the relevant police authorities, staffed with full-time trained personnel, for the protection of children.

3.2 After taking into consideration the relevant bilateral agreements on police cooperation between the Contracting Parties and more specifically the cooperation agreement of the Ministries of Public Order in matters of their competence dated 17 July 1992, it is agreed that this cooperation and the exchange of information shall be updated in order to combat trafficking in children by adopting additional protocols for the implementation of the agreement. Such additional protocols may include:

(a) the development of common standards for the regular and efficient collection and exchange of statistics relating to trafficking in children and all forms of exploitation, as regards perpetrators and methods and routes used,

(b) the creation of reference databases in border passages, under the provision of guarantees for the total safety of personal data to be entered in the database,

(c) the establishment of bilateral assessment of the adequacy of border control measures in relation to children,

(d) the training and the coordination of common procedures to be applicable in border passages, aiming at improving the ability of the border control personnel to identify possible children-victims and traffickers and regulating the procedure of initial handling of child-victims by the border control personnel,

(e) the reinforcement of border controls, to the extent which is necessary for preventing trafficking in children, subject to international commitments in relation to the free movement of persons.

(f) the adoption of border control measures, such as prohibition of entry, revocation of visa and possibly temporary detention, for persons involved in trafficking in children”.

(g) The adoption of agreed regulations concerning repatriation at the border and processing procedures, in accordance with Article 11.

(h) the potential training of border control officers, police officers, public prosecutors, judges, immigration officers and all competent officials in all matters of trafficking in children, including identification,

(i) the monitoring of the assistance provided to children-victims after their repatriation, including their living conditions and the conditions of reunion of the children with their families.

3.3 The Contracting Parties agree to use communication and cooperation channels between the police authorities and the respective embassies and consulates, with the purpose of rapidly ensuring the validity and legality of travel documents, proofs of identity and personal data, when there are reasonable suspicions about the use of such documents in trafficking in children.

3.4 For the proper implementation of this Article, both Contracting Parties shall establish specific focal points within their police authorities.

II. PREVENTION

Article 4. Financial and social policies for dealing with the root causes of trafficking in children

4.1 The Contracting Parties agree to implement effective economic and social policies in relation to the most vulnerable groups, aiming at eliminating poverty and creating real opportunities, which shall prevent the underlying causes of trafficking in children at their root. Such policies shall aim at:

(a) improving the access of children to education and vocational training opportunities,

(b) increasing the percentages of school and vocational training attendance, especially for girls and foreign children,

(c) dealing with the problem of unprotected, informal and illegal child labour.

4.2 The Contracting Parties undertake to inform each other on the specific measures taken and implemented, which are targeted to the above social groups.

4.3 The Contracting Parties shall regularly examine the effectiveness of implementation of such measures and shall agree to proceed to possible further improvements.

Article 5. Awareness raising

5.1 The Contracting Parties agree that, in order to effectively prevent trafficking in children (if such preventive measures are not available), it is necessary to make the society in general, and the relevant target groups in particular, aware of trafficking in children. In this framework, the Contracting Parties undertake:

(a) to carry out an information campaign for making the public aware of trafficking in children and the different forms in which it is manifested in the Contracting Parties, in collaboration with civil society, non-governmental organisations and international organizations involved in child protection activities and non-state actors. Each Contracting Party shall incur the cost of the information campaign on its territory,

(b) to make other competent groups aware of trafficking in children, such as policy-makers, police personnel and other competent professionals, e.g. medical and social services, employment services and the public sector, in order to increase their readiness to adequately deal with trafficking in children and reinforce their institutional potential to combat trafficking in children,

(c) to make the public aware of compulsory education, of the sanctions imposed on persons having custody of a child who do not send this child to school and of the prohibition of child labour,

(d) to deal with the need to reduce demand for activities related with trafficked children such as begging, sexual exploitation, forced labour, slavery or similar practices, and to promote the principle of zero tolerance to all forms of trafficking in children,

(e) to create and effectively advertise hotlines, through which advice and guidance shall be offered to children-victims and which shall facilitate anonymous complaints for trafficking in children.

Article 6. Institutional measures for the prevention of trafficking in children

6.1 The Contracting Parties undertake to implement the following institutional measures, depending on the needs, for the more effective prevention of trafficking in children:

(a) establishment of a central coordination body, aiming at improving the effectiveness of public institutional bodies. For the Greek side, this body shall be the Standing Interministerial Committee of article 9 of presidential decree 233/2003. For the Albanian side, this body shall be the State Committee on Combating Human Trafficking chaired by the Minister of Interior.

(b) provision of human and financial resources to combat trafficking in children as a social and financial problem,

(c) provision of assistance for the development of an adequate social services network, whose function shall be i.e. to deal with trafficking in children, assisted by the civil society, international organizations and non-state actors,

(d) the registration of all newborns shall be ensured, regardless of their place of birth.

III. PROTECTION

Article 7. General principles of protection of children-victims

7.1 The Contracting Parties acknowledge that all actions made in relation to children -victims shall be guided by the child’s best interest, the principle of non-discrimination, respect for the child’s views, as well as for his or her rights to information, to privacy and confidentiality and to protection.

7.2 The relevant state institutional bodies of both Contracting Parties shall cooperate for the implementation of this agreement. In order to ensure the effective implementation of this agreement through its constant monitoring and protect the rights and interests of the child, the Contracting Parties shall establish a special state service, hereafter referred to as “Responsible Authority”. For the Greek side, it shall be the National Emergency Social Solidarity Centre of the General Secretariat of Welfare of the Ministry of Health, Welfare and Social Security. For the Albanian side, it shall be the Joint Commission for the Protection of Children Victims of Trafficking.

7.3 The Responsible Authority shall ensure cooperation between the relevant institutional bodies in accordance with the standards of care of children and shall respect and guarantee general principles of child victim protection, as prescribed in relevant international instruments

Article 8. Identifying children-victims

8.1 The Contracting Parties shall adopt effective procedures for immediately identifying children-victims on their territory. Police, social services, medical care services, educational establishments, local authorities, international organisations and non-governmental organisations, as soon as they become aware of the presence of a potential child-victim on the territory of one of the Contracting Parties, shall immediately notify the Responsible Authority of their country, which shall coordinate the actions with competent bodies and social services.

8.2 When the child is identified, the country’s Responsible Authority shall record the child in a special register and shall open the child’s personal file.

Article 9. Referral of the child-victim to competent officials

9.1 The Responsible Authority, in collaboration with the Public Prosecutor for children international organisations and non-governmental organisations involved in child protection activities as well as non-state actors shall proactively seek the identification of the child-victim and, in collaboration with the competent Police Service, shall organise the immediate transfer of the child to a care centre. Care centers shall be protected, safe and suitable for the child’s age and needs. In any event, the Parties guarantee that the centers shall offer the child protection, meals, medical assistance, psychological support and opportunities for education and recreational activities. For this purpose, the central coordination body and the Responsible Authority of each Contracting Party may conclude agreements, directives and memoranda of understanding with international organisations and non-governmental organisations involved in child protection activities as well as with non-state actors, with the purpose of providing social services and care centres.

9.2 The Contracting Parties guarantee that no criminal proceedings shall be initiated against the located child-victim and that the child shall not be temporarily detained for criminal offences related to trafficking.

9.3 Ill children, disabled children and children with psychological problems, underage pregnant girls etc. shall receive special care, depending on their needs. The Parties shall use personnel able to communicate in a language understood by the child.

9.4 Any child placed in a care centre shall receive either a residence permit as victim of trafficking in children, if the competent authority has issued a characterization deed, or for humanitarian reasons, as the case may be, according to applicable provisions of national law. The provisional guardian of the child is responsible for applying for the issuance of the relevant permit by the competent state authorities. This residence permit shall be renewed until the child comes under another legal status due to the implementation of a permanent solution.

Article 10. Appointment of provisional guardian

10.1 After the transfer of the child to the care centre, the Responsible Authority is obliged to request that the child be put under guardianship, in accordance with the relevant national legislation of the parties. The provisional guardian shall accompany the child and protect the child’s interests until a permanent solutions is found, as set out in article 12-16. The guardianship may be entrusted to the Responsible Authority, the care centre where the child is placed and/or other recognised organisations and establishments undertaking care of children. The number of children put in guardianship shall be within the supervisory limits of the body to which guardianship has been entrusted. The persons to whom guardianship shall be entrusted should be trained and experienced in matters of care of children and child-victims. In addition, they should be able to communicate in a language understood by the child. In the event that the guardianship is not entrusted to the Responsible Authority, such Authority shall issue regulations and constantly monitor the exercise of guardianship.

10.2 In accordance with the national legislation of the Contracting Parties, the provisional guardian shall have inter alia the following duties,:

(a) He/she shall guarantee that all actions shall protect the interests of the child

(b) He/she shall inform the child throughout the procedure concerning the child’s current condition and his/her options for the future in order to assess the safety risk required in order to make a valid decision about the child’s future,

(c) He/she shall assist in the process of locating the child’s family or the person having custody of the child in the country of origin,

(d) He/she shall operate as liaison between the child and the different organisations and services involved in the process and in charge of responding to the needs of the child,

(e) He/she shall guarantee, in case of safe repatriation, the proper preparation of the return of the child concerning the preparation of the family and the child, the safe return and the respect for the child’s interests,

(f) He/she shall guarantee the confidentiality of information received during the exercise of guardianship. In this framework, the provisional guardian is entitled to be exempted from the obligation to testify in court, if that is considered to be for the child’s benefit.

Article 11. Individualised assessment of the cases

11.1 The cases of trafficking in children shall be investigated by the competent police services of the Ministry of Public Order of the Hellenic Republic and the Ministry of Interior of the Republic of Albania, as set out in article 3.1 hereof. During the investigation, the child shall be interviewed only when this is necessary and efforts shall be made to minimize such interviews. The interview shall take place only with the previous consent of the person having custody of the child, who shall be present during the interview and may interrupt it when they think that the interview shall jeopardise the child’s welfare. The interviewer shall try to avoid putting psychological pressure and causing psychological trauma to the child during the interview.

Article 12. Finding a permanent solution

12.1 The Contracting Parties should make use of the measure of safe repatriation of the child-victim, when required. The Responsible Authorities of both Parties shall study, in close cooperation, each case of trafficking in children and decide on a permanent solution that shall guarantee the child’s interests.

12.2 The Responsible Authority, considering family reintegration as a priority and based solely on the best interest of the child, may decide as permanent solution the safe repatriation, the integration of the child in the host country or the transfer of the child to a third country.

12.3 In making this decision the Responsible Authorities shall consult the child and take into account the will of the child in accordance with the age and maturity of the child.

12.4 In making their decision, the Responsible Authorities of the Contracting Parties shall consider all the circumstances of the case and in particular the results of the risk assessment conducted under joint responsibility of the Contracting Parties.

Article 13. Implementation of permanent solution

13.1 The Responsible Authorities of the Contracting Parties shall elaborate common procedures to expedite the exchange of information relating to cases of trafficking in children, which shall include procedures for the participation of competent ministries, embassies and/or consulates.

13.2 If the options of family reunion and/or safe repatriation of the child are not selected, the provisional guardian shall remain responsible for the child-victim until the appointment of a legal representative/ custodian of the child by the court.

Article 14. Safe repatriation

14.1 The return of the child shall be carried out through a voluntary, legitimate, assisted, well-prepared and safe procedure, in accordance with the child’s best interests. The procedures for the transport of the child shall be described in an Additional Protocol to this agreement. Throughout the safe repatriation of the child, the Responsible Authorities may cooperate with international organisations and non-governmental organisations involved in child protection activities.

14.2 The Responsible Authority of the country of origin shall elaborate and implement special projects aiming at the reintegration of the child in the country of origin. Such projects shall cover protection, medical and psychological support, reintegration into the educational system, provision of legal advice and representation, as well as any other form of assistance or provision imposed by the legislation on the protection of children in the country of origin. To this end, they shall cooperate closely with international organisations, non-state establishments and non-governmental organisations.

14.3 The Responsible Authority of the country of origin shall assess the welfare of the child-victim and monitor their life after the reunion of the family or the placement of the child under alternative care in the country of origin, and shall submit a biannual report to the Responsible Authority of the host country until the child becomes 18 years old. The Responsible Authority of the host country, in collaboration with non-governmental organisations involved in child protection activities and non-state actors, may ascertain the situation by on-site visits, having notified the Responsible Authority of the country of origin. In the event that it is justifiably ascertained that the living conditions of the child-victim run the risk of re-exploitation, a report shall be drawn up and the two sides shall consult in order to settle the matter immediately.

14.4 In the event that the child faces problems with the parent(s) or guardian after his/her return, the Responsible Authority of the country of origin

(a) shall protect the child’s interests until the child becomes 18 years old, the child’s rights, as well as the different services available to the child, in accordance with the right to information,

(b) shall ensure that the child receives the necessary care that shall include, in any event, accommodation, meals, medical and psychological support, legal representation, as well as education in a language understood by the child. This care cannot be inferior to that provided by the Contracting Parties to children of their nationality, in accordance with the principle of non-discrimination.

(c) shall attend interviews of the child with police authorities and guarantee that interviews shall be conducted in accordance with the general principles established by this agreement, as well as the national and international law,

(d) shall guarantee the access of the child to adequate legal representation and support, in accor-dance with the child’s best interests,

(e) shall consult with the child and shall take the child’s views into consideration, depending on their age and degree of maturity, in accordance with the principle of respect to the child’s views,

(f) shall play an active part in finding the best possible solution that shall guarantee the child’s best interests.

Article 15. Integration

15.1 In the event that the solution of integrating the child in the host country is decided, the Responsible Authority shall seek to guarantee the complete integration of the child in the host country. In this framework, the integration into a family and community environment is preferable over the placement in institutions.

15.2 A child who is already subject to the guardianship legislation may be adopted. In the event that the child has problems with the guardian/foster family, the Responsible Authority shall protect the child’s best interest until the child becomes 18 years old.

15.3 The Contracting Parties agree to adopt, where required, legislation that shall punish the organisation of adoption of children in violation of the national legislation on adoption, with punishments applicable to trafficking in children.

Article 16. Relocation of the child in a third country

16.1 The Responsible Authority of the host country may decide to relocate the child to a third country, in the event that legally recognized guardianship and an integration programme for the child may be ensured in such country, in accordance with the child’s best interests, the child’s right to information and with respect to the child’s views on relocating to a third country.

16.2 The Responsible Authority of the host country shall organise the escorting of the child until the en-trance point to the third country, in accordance with the transport rules to be applied in an Additional Protocol to this agreement.

16.3 The Responsible Authority of the host country shall monitor the relocation and integration of the child in the third country and shall cooperate with the relevant authorities of the third country to prepare annual reports on the case until the child becomes 18 years old.

Article 17

17.1 The Contracting Parties undertake to consider the implementation of this Agreement by yearly joint meetings of concerned authorities. International organizations and non-governmental organizations involved in child protection activities as well as non-state actors may be invited by the Contracting Parties into these meetings. The meetings (dates, agendas etc.) will be agreed jointly through diplomatic channel.

Article 18

18.1 Any dispute that might arise in relation to the interpretation and/or implementation of this Agreement shall be resolved amicably through consultations and/or negotiations.

Article 19. Revision and/or amendment of the Agreement

19.1 This Agreement may be revised or amended at any time with the mutual written consent of the Parties. Such revisions or amendments shall enter into force in accordance with the procedure provided for in Article 20.1 and shall form an integral part of this Agreement.

Article 20. Final provisions

20.1 This Agreement shall enter into force 30 days following the second written notification by the Contracting Parties, in which they shall announce the completion of the relevant national legal procedures.

20.2 This Agreement shall remain in force indefinitely.

20.3 The Contracting Parties may denounce the present Agreement by written notification through diplomatic channels. Denunciation shall become effective one month after the date of receipt of the notification.

Done at………, on ……..., in two original copies, each in the Greek, Albanian and English languages, all texts being equally authentic. In the event of any difference in the interpretation of this Agreement, the English text shall prevail.

FOR THE GOVERNMENT OF THE HELLENIC REPUBLIC

Evripidis Stylianidis

FOR THE COUNCIL OF MINISTERS OF THE REPUBLIC OF ALBANIA

Iva Zajmi