Council of Europe urges Portugal to provide compensation, legal aid to victims of trafficking

By Shweta Desai

PARIS (AA) - The Council of Europe’s expert group on human trafficking on Monday urged Portugal to improve access to legal aid and compensation for victims of human trafficking.

In Europe, Portugal is a key destination of origin and transit of trafficked persons who are mostly undocumented migrants.

Between 2016 and 2020, authorities identified 1,152 victims of trafficking, a majority of whom were exploited in the agricultural sector.

In the evolution report on access to justice and effective remedies for victims of trafficking in human beings, the expert group noted that only six victims were able to obtain state compensation.

Among the important proposals for action in the report, the group has urged Portuguese authorities to undertake additional steps to guarantee effective access to compensation and legal assistance to victims who are third-country nationals.

The report also pointed out Portugal’s lack of non-punishment provision as per Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings.

The provision states that trafficking victims must not be subjected to arrest, charge, detention, prosecution, or be penalized for their involvement in unlawful activities they are compelled to commit.

While officially authorities have denied prosecution of any trafficking victims, the expert group was informed by NGOs of several victims who were reportedly punished for criminal or administrative offenses like fraud.

The report has appealed to Portugal to adopt a legal provision on non-punishment and train law enforcement on the provision to prevent the criminalization of the victims in the future.

Effective procedures for the identification of victims among applicants for international protection and their referral to assistance is another measure recommended by the report for action.