Dokument #2111664
USDOS – US Department of State (Autor)
The Government of Estonia fully meets the minimum standards for the elimination of trafficking. The government continued to demonstrate serious and sustained efforts during the reporting period; therefore Estonia remained on Tier 1. These efforts included prosecuting more traffickers and referring all identified potential trafficking victims to victim support services. Furthermore, the Social Insurance Board (SIB) conducted anti-trafficking awareness events in high schools nationwide and developed a pilot training course for teachers on trafficking. The government enacted amendments to the Tax Administration Act, monitoring the number of undocumented foreign workers at construction sites, working hours, and wages garnered for signs of labor exploitation, including trafficking. Estonian and Uzbek government representatives cooperated to raise awareness about trafficking risks among migrant workers and developed guidance on safe labor migration. Although the government meets the minimum standards, authorities convicted fewer traffickers and identified fewer trafficking victims. In addition, the government decreased funding toward anti-trafficking activities and, for the second consecutive year, decreased funding toward victim support services. Finally, the government did not provide adequate victim-witness assistance for victims participating in criminal justice proceedings, such as granting temporary residence permits, allowing reflection and recovery periods, or awarding restitution, thus, hindering some investigations and prosecutions, particularly those involving foreign national victims, and potentially discouraging victim participation in these proceedings.
Increase efforts to investigate and prosecute trafficking crimes and convict traffickers. * Increase funding for anti-trafficking activities and victim support services. * Proactively identify trafficking victims, particularly child trafficking victims by developing clear identification guidance for child victims and training relevant workers to recognize indicators. * Increase victim-witness assistance for victims participating in criminal justice proceedings, including by granting and renewing temporary residence permits, providing reflection and recovery periods, and awarding restitution. * Significantly increase cooperation with civil society, including with regards to the provision of victim support services. * Ensure authorities inform foreign victims of the possibility of temporary residence permits and reflection and recovery periods, including the assistance associated with both. * Expand efforts to conduct more international investigations, particularly on sophisticated labor trafficking schemes that occur across multiple countries and jurisdictions. * Enhance training for labor inspectors and other relevant authorities to increase detection of labor trafficking cases and identification of labor trafficking victims. * Train police and prosecutors on trafficking trends, anti-trafficking laws, and investigating and prosecuting trafficking cases. * Establish a specialized unit of the police to prioritize trafficking cases and train them on building cases, such as collecting evidence, and allocate funding for investigations.
The government slightly increased law enforcement efforts. Sections 133, 133¹, and 175 of the penal code criminalized sex trafficking and labor trafficking. Section 133 (trafficking in human beings) criminalized placing a person in a situation of exploitation through force, fraud, or coercion, and prescribed penalties of between one and seven years’ imprisonment for crimes involving an adult victim, and three to 15 years’ imprisonment for those involving a child victim. Section 133¹ (support to human trafficking) separately criminalized the transportation, delivery, escorting, acceptance, concealment, or accommodation of an individual into a situation of exploitation through force, fraud, or coercion, and prescribed penalties of up to five years’ imprisonment for crimes involving an adult victim, and between two and 10 years’ imprisonment for those involving a child victim. Section 175 (human trafficking in order to take advantage of minors) criminalized inducing a child to engage in a crime, begging, “prostitution,” or the production of pornography without requiring a demonstration of force, fraud, or coercion and prescribed penalties of two to 10 years’ imprisonment. Authorities most often used Section 175 to prosecute child pornography cases involving no element of commercial sex. The penalties under Sections 133, 133¹, and 175 were sufficiently stringent and, with respect to sex trafficking, commensurate with the penalties prescribed for other grave crimes, such as rape.
In 2023, police investigated 13 trafficking cases (one sex trafficking and 12 labor trafficking), compared with 11 cases in 2022. Authorities prosecuted three suspects for labor trafficking, an increase from one in 2022. Courts convicted one trafficker, a decrease from four in 2022, and sentenced the convicted trafficker to three years and eight months imprisonment. The government did not report any investigations, prosecutions, or convictions of government officials complicit in trafficking crimes. While authorities cooperated with foreign governments on international investigations, including a sex trafficking case with Romanian counterparts, observers noted a need for more joint investigations with international partners, citing an increasing number of sophisticated labor trafficking schemes that were difficult to prosecute as criminal cases because traffickers worked in multiple countries and jurisdictions and exploited loopholes in the law. As part of a regional project to enhance law enforcement cooperation and training on trafficking, Estonian, Finnish, and Latvian authorities collaborated to strengthen capacity to investigate and prosecute trafficking cases, disrupt the financial gains of traffickers, and help victims access justice. Under the project, the government conducted two studies analyzing law enforcement needs in investigating trafficking cases and best practices for victim identification and published a report on patterns of trafficking, explaining recruitment mechanisms and different trafficking. The government and the EU Internal Security Fund combined funds (approximately 10 percent domestic and the rest EU) to support the project.
Overextension of personnel remained a chief constraint – most were responsible for myriad issues as well as trafficking – reducing efficiency and limiting specialized knowledge of trafficking. The Police and Border Guard Board (PBGB) investigated trafficking crimes in Estonia. The PBGB did not have a unit or office dedicated solely to investigating trafficking crimes, reducing the efficiency of investigations, but provided specialized training for officers. The Organized Crime Group of the Central Criminal Police investigated international trafficking cases and those involving high-level organized crime at the national level. Criminal bureaus of police prefectures (there were four in Estonia – Northern, Southern, Eastern, and Western) staffed officers responsible for trafficking investigations, among other crimes. The Criminal Bureau of the Northern Prefecture maintained a six-officer unit for investigating trafficking and other organized crime cases. Similar to the police prefectures, there were four district prosecutor’s offices with one prosecutor working on trafficking cases, among other crimes, per district and the potential to increase to two prosecutors per district. Furthermore, the Prosecutor General’s Office (PGO) appointed a prosecutor to coordinate anti-trafficking activities and cooperation among prosecutors nationwide. Prosecutors supervised police investigations. Observers reported investigations were generally reactive with many cases generated from the trafficking hotline. Most sexual exploitation cases were related to crimes of “pimping,” which Estonian law classified as a trafficking crime. Observers noted a dedicated police unit would prioritize trafficking cases, yield a more proactive approach to investigations, and improve the quality of cases presented to prosecutors. With the rise in online exploitation, the police regularly monitored the Internet and social media for criminal activities, including trafficking, and worked with service providers to collect information on and remove illegal advertisements. The PBGB and the Central Criminal Police monitored digital content for criminal activities, including trafficking, involving children. Child Welfare established an online mechanism allowing users to submit information about illegal content involving children. While the PBGB reported there were adequate resources available for addressing trafficking, experts noted a need to provide more resources to authorities and train them on trafficking trends, anti-trafficking laws, and investigating and prosecuting cases. In 2023, the Ministry of Social Affairs provided €8,000 ($8,840) for trafficking-related training; the state budget also funded trafficking-related training. In turn, the government conducted a range of anti-trafficking trainings for police, inspectors, prosecutors, and victim support specialists, including on interviewing methods, online investigations, psychological coercion, and trauma-informed approaches.
The government maintained protection efforts. In 2023, authorities identified 35 potential trafficking victims (33 sex trafficking and two labor trafficking) of which authorities formally identified two labor trafficking victims, a decrease from four formally identified victims in 2022. Methodological changes in collecting and reporting victim identification statistics in 2022 made it difficult to compare anecdotal trends on trafficking in Estonia from previous years. The vast majority of identified potential trafficking victims were foreign nationals. Of the 35 identified potential trafficking victims, 27 were women; four were men; and four were LGBTQI+ persons. Authorities did not identify any child trafficking victims. As in previous years, experts expressed concern statistics did not provide a comprehensive picture of the trafficking situation in Estonia because of gaps in identification, particularly the identification of foreign labor trafficking victims. Currently, multiple actors, such as law enforcement, immigration, and social services personnel, used written guidelines for identifying potential victims and a questionnaire and checklist to identify indicators among asylum-seekers. In 2023, the government began developing an NRM for victim identification and referral based on existing written guidelines. The government utilized a data-sharing system to expedite the exchange of information between authorities and SIB – the agency that funded, organized, and provided victim support services – ensuring potential victims received immediate assistance.
In 2023, the government enacted amendments to the Victim Support Act (VSA) on the provision of assistance to victims. After preliminary identification, authorities referred potential victims to SIB; in turn, SIB notified law enforcement to initiate an investigation. During the initial investigation, potential victims received support services from SIB for up to 14 days; after 14 days, local government funding covered services until police and/or the prosecutor’s office formally identified potential victims as trafficking victims. Formally identified victims could continue to receive support services; however, support services ceased for those not formally identified per the amendment to the VSA, which changed the duration for potential victims receiving support services from 60 days to 14 days. Under the VSA, victims received comprehensive government-funded, trafficking-specific services, such as counseling, accommodation, and psychological, medical, and legal assistance. In 2023, police referred all 35 identified victims to support services. SIB selected service providers for assistance and shelter through the public procurement system. In 2023, SIB contracted five hotels to provide safe accommodation with food and financial assistance to adult victims, and, if necessary, children. According to SIB, utilizing the public procurement system was more cost effective than the previous funding mechanism through which the government funded an NGO to provide support services. Experts reported no NGOs participated in the public tender because the funding ceiling was too low to meet the minimum standard for operation. In an effort to involve new partners, including NGOs, in future support services procurements, SIB started conducting outreach and developing a strategy to train NGOs on the public procurement proposal process. Nonetheless, experts raised concerns the public procurement process reduced the role of NGOs that had expertise in the provision of assistance to victims and, in turn, reduced funding to NGOs for support services. Civil society representatives also raised concerns about limited cooperation between the government and NGOs. In 2023, the government allocated €100,000 ($110,500) for victim support services, marking a multi-year decrease from €120,000 ($132,600) in 2022 and €350,656 ($387,470) in 2021.
Under the VSA, local child protection services were responsible for determining support services, including safe accommodations, such as foster homes, for child trafficking victims and unaccompanied children. The law required local child protection services to refer child victims to four dedicated centers for child victims of abuse, including trafficking, offering specialized services for up to 60 days. Local government funding covered services beyond 60 days. SIB managed the centers and based them on the Barnahus method – a child-friendly, multidisciplinary approach offering child victims a coordinated and effective response during investigations and criminal proceedings. Authorities cooperated with Barnahus centers to conduct interviews, perform medical examinations, and provide need-based services and assistance. While the government maintained written guidelines with specific information on identifying child trafficking victims, authorities only identified three child victims in the past four years. Experts called for improved guidance and training to increase the identification of and assistance to child victims. The government disseminated NGO-developed guidance on assisting trafficking victims with disabilities.
The Aliens Act enabled foreign trafficking victims to receive temporary residence permits, accommodation, and education for up to 12 months; however, for the fourth consecutive year, the government did not grant any temporary residence permits. Experts raised concerns at the low number of residence permits granted to victims as well as the low number of reflection and recovery periods granted. For the past five years, the government did not grant reflection and recovery periods to any foreign trafficking victims. While the Aliens Act allowed foreign victims a reflection and recovery period, experts contended it did not align with international laws and did not refer to a period of reflection and recovery necessary for victims to determine if they would participate in criminal proceedings. Furthermore, experts reported authorities did not adequately inform victims of the possibility of a reflection and recovery period and the associated assistance – victims granted a reflection and recovery period could receive assistance until the end of their legal stay in Estonia or their early departure. Conversely, authorities reported victims received the necessary information on a reflection and recovery period, temporary residence permits, and international protection but, ultimately, chose to leave the country. In general, the Estonian judicial system implemented a victim-centered approach and guaranteed a support contact throughout criminal proceedings. SIB provided victims with legal aid during criminal proceedings and utilized lawyers with experience protecting trafficking victims. The Ministry of Justice (MOJ) also provided legal aid, particularly for victims with low incomes or specialized needs, such as individuals with psychological or physical disabilities. The law allowed victims to obtain restitution from traffickers in criminal cases and file civil suits against traffickers for compensation. In 2023, there were no cases involving restitution.
In recent years, Estonia has experienced some irregular migration facilitated by Russian authorities across the border with Russia. While considered low intensity compared with the other Baltic countries, the government legalized the immediate removal of foreigners during a state of emergency through 2022 amendments to the State Borders Act. An international human rights organization criticized the law, stating it fell short of offering sufficient protections, violated international law, and authorized “pushbacks;” such “pushbacks” potentially increased a person’s vulnerability to trafficking, exacerbated distrust of foreign officials, and disallowed for the reporting of any exploitation experienced.
The government increased prevention efforts. As the national trafficking coordinator, MOJ monitored implementation of anti-trafficking policies and plans and led domestic and international cooperation. The government’s anti-trafficking roundtable facilitated interagency coordination, comprised multiple agencies working on anti-trafficking activities, and published an annual report of those activities. In 2023, MOJ did not report the budget for anti-trafficking activities – €4,750 ($5,250) in 2022 – but reported spending €500 ($550) to organize its interagency coordination meetings. In collaboration with the European Migration Network, the government published a report on migration and asylum that included information on trafficking. The government maintained an anti-trafficking strategic development plan and a violence prevention action plan based on the Violence Prevention Agreement, which included several anti-trafficking activities, such as training and awareness programs. Several agencies conducted awareness-raising activities to educate at-risk communities, such as children and migrant workers, on the risks of trafficking through information sessions and social media. In addition, SIB conducted anti-trafficking awareness events in high schools nationwide and developed a pilot training course for teachers on trafficking. The PBGB maintained an email for all government agencies, employees, and the general public to report suspected trafficking cases. The police and PGO received the information for consideration before beginning an investigation. In 2023, one email led to an investigation under the anti-trafficking statute. In addition, the government managed an anti-trafficking hotline, which received 431 calls from potential victims, of which authorities looked into 30 sex trafficking cases to SIB for further services and 12 labor trafficking cases to SIB and police; the hotline provided counseling and services in Estonian, Russian, and English. Government representatives continued to participate in the Council of Baltic Sea States (CBSS) anti-trafficking task force, working to strengthen and improve anti-trafficking policies in the region, consolidate expertise from the national level with the international level, and exchange information on efforts and best practices. Through the CBSS task force, Estonia, Latvia, and Lithuania participated in a project aimed at strengthening the capacity of NGO professionals to assist and identify trafficking and improve the cooperation of NGOs in the Baltic region; the project involved national studies, the publication of an e-booklet, and a training event. PBGB officials from child and sex crimes units made efforts to reduce the demand for participation in extraterritorial sexual exploitation and abuse by its citizens by exchanging information and investigating cross-border violence, including trafficking, with representatives from EUROPOL and INTERPOL. The government did not make efforts to reduce the demand for commercial sex acts.
Estonian law prevented the misuse of employment regulations and ensured companies paid migrant workers the average monthly salary required by the law. In addition, the law prohibited recruitment agencies from charging fees to job seekers for placement services and required the Labor Inspectorate (LI), which had the authority to investigate labor trafficking, to monitor agencies for compliance. In 2023, the border guard and migration surveillance agencies conducted joint inspections for labor trafficking but did not detect any cases based on these inspections. The agencies actively forwarded tips to the PBGB regarding employers whose activities might contain indicators of human trafficking or labor exploitation. Experts noted labor inspectors and other relevant authorities needed specialized training to increase detection of labor trafficking cases and identification of victims. The Western Police Prefecture, LI, and Tax and Customs Board conducted biweekly meetings to examine emerging issues, exchange information, and discuss trafficking risks. The LI provided migrant or local workers with free legal services regarding work-related problems, such as unpaid salary, and maintained an informational phone line and website on workers’ rights. In 2023, the PBGB conducted informational seminars for employers on foreign nationals’ rights to work in Estonia. The government required employers to register employees in the Tax and Customs Board register, which gathered information about employment, upon commencement of work and within 10 calendar days of termination. In an effort to monitor the number of undocumented foreign workers at construction sites, hours worked, and wages garnered for signs of labor exploitation, including trafficking, the government enacted amendments to the Tax Administration Act, establishing a new electronic registration system for construction site employees. Due to an increased number of workers coming from Uzbekistan to Estonia, government experts met with Uzbek counterparts about how to raise awareness about trafficking risks among migrant workers. As a result of the meeting, experts developed guidance on safe labor migration.
Since the beginning of Russia’s full-scale invasion of Ukraine, more than 140,000 Ukrainian refugees arrived in Estonia with more than 38,000 remaining in country. To reduce the risk of trafficking among refugees, the LI employed 10 labor inspectors and five lawyers to conduct independent inspections of workplaces where Ukrainian refugees were employed and provide counseling. The SIB and PBGB provided crisis counseling services and ongoing assistance to refugees and volunteers working on refugee issues and training on recognizing trafficking-related indicators to all workers and volunteers. The PBGB handled all tips and information received regarding refugees, including potential trafficking cases. In 2023, there were no trafficking cases involving refugees fleeing Ukraine. The LI received approximately €113,176 ($125,060) for inspections, advisory and counseling services, trafficking prevention, and information activities. In 2023, the LI conducted a survey among Ukrainian refugees and their employers to understand their concerns and areas requiring assistance; awareness among refugees about available assistance; and their willingness to contact the LI. The LI conducted an information campaign based on the findings of the survey. The campaign, which was accessible on social media in Russian and Ukrainian, informed Ukrainian refugees of services available to trafficking victims and assistance provided by the LI. In addition, the LI created videos on labor trafficking risks and services for Ukrainian refugees.
As reported over the past five years, human traffickers exploit domestic and foreign victims in Estonia, and, to a lesser extent, traffickers exploit victims from Estonia abroad. Trafficking victims typically originate from Central and Southeast Asia, Eastern Europe, and South America. Vulnerable groups include individuals with limited education, LGBTQI+ persons, migrants, and third-country nationals. In general, women and children are mainly at risk of sex trafficking and men of labor trafficking. Traffickers use the Internet, social media, and instant messaging applications to recruit and exploit sex trafficking victims in Estonia. The majority of identified victims are female sex trafficking victims; however, the majority of trafficking investigations are labor trafficking cases. Migrant workers from Ukraine and Uzbekistan are vulnerable to labor trafficking in Estonia, particularly in the construction, food, and services sectors. A common scheme involves an Estonian company subcontracting a Ukrainian company to provide temporary workers; the Estonian company pays salaries, sometimes below market rate, to the foreign company, which withholds the money from the workers. Citizens of Ukraine, Belarus, and Moldova are at risk of labor trafficking in the cleaning sector. Citizens of Pakistan, India, and Bangladesh arrive in Estonia to work in the food sector where they are vulnerable to trafficking by other citizens of those countries who reside in Estonia. The government reports an increase in the number of individuals from Central Asia who come to Estonia for employment and are forced to pay high recruitment fees to recruiters who are typically from the same country as the victims and have ties to organized crime. Officials noted foreign “posted workers,” hired by temporary agencies and placed in Estonian companies, and their family members are especially vulnerable to trafficking. As a result of periodic Russian-facilitated irregular migration flows in the region, migrants from Syria, Somalia, and Egypt attempting to transit Estonia are vulnerable to trafficking. Thousands of foreign nationals and Ukrainian refugees, predominantly women and children, who are fleeing Russia’s full-scale invasion on Ukraine and seeking sanctuary, are highly vulnerable to trafficking.