POLAND - 2009 TRAFFICKING IN PERSONS REPORT

UNCLAS SECTION 01 OF 17 WARSAW 000217

SIPDIS
SENSITIVE

STATE FOR G/TIP, EUR/PGI, EUR/CE, INL/HSTC, DRL/IL, PRM
STATE PLEASE PASS USAID
LABOR FOR ILAB

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF
ELAB, PL
SUBJECT: POLAND - 2009 TRAFFICKING IN PERSONS REPORT

REF: A. 08 STATE 133137

B. 08 STATE 132759

C. 09 STATE 5577

D. 09 WARSAW 18

E. 09 WARSAW 24

F. 09 WARSAW 113

G. HALL/BANKS E-MAIL - 02/09/2009


1. (SBU) SUMMARY. Poland is a country of origin,
transit, and destination for victims of trafficking in
persons (TIP). The majority of victims were trafficked
to work in the sex industry, but Poland is increasingly
becoming a destination country for forced labor.
Government officials at the highest levels have
acknowledged trafficking is a serious problem and
demonstrated a strong commitment to combat it, including
through development and implementation of a national
anti-TIP strategy. Cooperation between the government,
police, NGOs, academics, and international organizations
is strong and continues to improve.


2. (SBU) The impact of the global financial crisis
notwithstanding, during the reporting period the GOP took
action long advocated by NGOs and the USG: it stepped in
to provide a significant increase in government funding
for victim assistance programs. In addition, the GOP
continued to provide training to improve prosecution of
traffickers and victim identification. The national and
local governments conducted several multi-faceted
trafficking awareness campaigns. Although there are
still problems with the number of prosecutions and
severity of sentences, the GOP has stepped up efforts to
raise awareness among judges and prosecutors about how to
handle TIP cases and there is an increasing sense among
both the government working groups and NGOs that there is
momentum in the right direction. END SUMMARY.

EMBASSY CONTACT AND WORKLOAD
--------------


3. (SBU) Embassy point of contact is Political Officer
Jared Banks (telephone: 48-22-504-2621, fax 48-22-504-
2613, e-mail banksj@state.gov).


4. (U) Staff hours spent in preparation of this report
are as follows:

-- Deputy Chief of Mission - FE-OC: 2 hours
-- Political Counselor - FS-01: 2 hours
-- Deputy Political Counselor - FS-02: 10 hours
-- Political Officer - FS-04: 30 hours
-- Political Specialist ? LES-08: 80 hours


5. (SBU) Following are responses keyed to questions in
paragraphs 23-29 of refs B and C.

POLAND'S TIP SITUATION
--------------

23.A. SOURCES. The main sources for information and
statistics contained in this report are international and
local NGOs, OSCE/ODIHR, and Polish ministries, including
the Ministry of Foreign Affairs, Ministry of Interior
Affairs and Administration, Ministry of Justice, Border
Guards, and the Polish National Police. All have proven
to be reliable sources of information in the past. (See
24.D for further actions to document human trafficking in
Poland.)

23.B. VICTIMS. Poland is a country of origin, transit,
and destination for trafficking of men, women and
children. Poland is becoming a destination country for an
increasing number of victims, particularly from countries
of the former Soviet Union. Persons are trafficked to and
through Poland primarily from countries to the east and
southeast, including Ukraine (sexual exploitation and
labor),Bulgaria (sexual exploitation and begging),
Romania (underage begging) and Belarus. Other groups of
trafficked persons were Chechen women from refugee camps.
Groups from Tajikistan and Uzbekistan were reportedly
trafficked for labor exploitation. A group of women from
Mongolia was also trafficked for the purpose of forced
labor and labor exploitation. During the reporting
period, one person was trafficked from Vietnam and one

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person from China. A growing number of victims came from
Africa, including Sudan, Senegal, Kenya, Djibouti and
Uganda. According to the leading anti-trafficking NGO in
Poland, La Strada, some of the women from Africa may have
been in transit to Western Europe when they were
identified, or escaped from their captors, in Poland.

Countries of destination were primarily in Western
Europe, including Germany, Italy, and the Netherlands.
The illicit nature of trafficking in persons makes it
difficult to determine the number of victims,
particularly those of Polish citizenship, and estimates
vary substantially.

There were also some cases of trafficking within Poland's
borders, especially of women trafficked for sexual
exploitation.

A few new trafficking trends or developments were
identified during the reporting period. At least one
African victim was trafficked to Poland on a sports visa,
and later sexually exploited. The case of a Ugandan
woman being trafficked to Western Europe, who escaped
from her captors in Warsaw's central train station and
was rescued by the police, received significant media
attention. A Chinese woman trafficked to work in the
sewing industry was identified as being in debt bondage,
reportedly as the result of a Border Guard intelligence
lead. The Nobody's Children Foundation reported that the
number of unattended minors applying for refugee status
in Poland continued to decrease. However, Nobody's
Children expressed a growing concern about reports of
teenage girls and boys engaged in "weekend prostitution,"
particularly in Germany. One NGO said there were reports
of "thousands" of Vietnamese forced to work in debt
bondage; one Vietnamese victim was identified during the
year and agreed to testify. There were also unconfirmed
reports of Vietnamese victims traveling to Poland via
Ukraine on foot who fell victim to other crimes en route.
There were unconfirmed reports that Russian and Ukrainian
authorities were unresponsive to signals from the Polish
government about the problem. Post continues to
investigate the case of a group of 12 Tajik and Uzbek
truck drivers who came to Poland with official visas and
work permits, but then found themselves living and
working in poor conditions. Post will provide additional
information on these and other cases as it becomes
available.

23.C. TRAFFICKING CONDITIONS. The conditions into which
victims are trafficked vary depending on the form of
exploitation. In the case of trafficking for labor
exploitation, victims are often trafficked into poor
living and working conditions, e.g., they are not given
sufficient funds to buy food, receive no or very low
wages, are obliged to sign fake contracts and/or are
placed in debt bondage. In the case of trafficking for
sexual exploitation, the physical living conditions may
be better; however, victims are often forced to endure
sexual exploitation, psychological and physical violence,
and a threatening environment. Many are placed in debt
bondage.

23.D. VULNERABLE GROUPS. The most vulnerable groups are
women, teenage girls and boys, ethnic minorities,
refugees, and persons coming from regions of conflict or
poverty. Generally, groups that exist on the margins of
society for economic and social reasons are the most
vulnerable. This also includes uninformed and unprepared
migrant workers who are looking for employment. According
to the Interior Ministry, most victims are young females
between 16 and 20 years of age. They tend to be
unemployed, with limited financial means, and no
education beyond the primary school level.

23.E. TRAFFICKERS AND THEIR METHODS. Traffickers in
Poland are both individuals and organized criminal
groups. Non-Polish victims are often approached by
friends of friends or members of the same local community
who offer them prosperous jobs abroad. Cases of
trafficking by family members are rare. False documents
are used infrequently, especially within Europe, since
Poland's 2007 accession to the EU's Schengen zone. Most
TIP victims enter Poland legally, but after arrival are

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exploited under conditions of forced labor, isolation, or
debt bondage. The Polish National Police observed that
after Poland's entry into the Schengen zone, traffickers
from non-Schengen countries began to arrange visas for
victims to stay in Poland; the trafficker then violates
visa rules by taking the victim to other Schengen
countries, generally in Western Europe. Trafficking is
often related to other crimes, most often to drug
trafficking or trafficking in weapons.

NGOs report that Poland's accession to the Schengen zone
has made it more difficult for Border Guards to detect
trafficking victims. Although the Border Guards no
longer check documents -- and Customs officials do not
conduct related inspections -- at former border crossings
with neighboring Schengen countries, the Border Guard
continues to conduct roving patrols throughout the
country, particularly along international transit routes,
to detect illegal activity, including trafficking.

GOVERNMENT ANTI-TIP EFFORTS
--------------

24.A. GOVERNMENT POSITION. Polish government officials
at the highest levels acknowledge the seriousness of the
trafficking problem in Poland, and are taking action to
address the problem. In January 2009, the Interagency
Working Group adopted the third National Action Plan for
Combating and Preventing Human Trafficking for 2009-2010,
which follows on and strengthens the previous National
Action Plans from 2003-2004, 2005-2006, and 2007-2008.
The new Action Plan includes goals in three areas:
prevention and information gathering, enhanced support
for law enforcement activities, and victim/witness
protection.

The Interior Ministry held its third national conference
on combating and preventing human trafficking on October
22 (see ref D). The conference was attended by
approximately 120 people, including representatives of
Polish ministries and central government institutions,
law enforcement officials, lawyers, NGOs, academics,
social workers and researchers. The conference reviewed
successes of the past year and focused on three main
areas of concern: forced labor, trafficking in children,
and enhanced effectiveness of law enforcement. The
recommendations proposed during the conference were
reflected in the tasks written into the 2009-2010
National Action Plan. The conference has become a regular
annual activity sponsored by the government and coincides
with EU-wide Anti-Trafficking Day which falls on October

16.

24.B. GOVERNMENT AGENCIES. The Interior Ministry is the
lead coordinator of the Inter-Ministerial Anti-
Trafficking Team, which was established in accordance
with the Prime Minister's Regulations issued in March

2004. An Undersecretary of State (Deputy Minister) in
the Interior Ministry chairs the team, which includes
members from the Ministries of Education, Labor and
Social Policy, Justice, Foreign Affairs, Health, and
Interior, as well as the Office of the Prosecutor
General, the Office for Foreigners, Chief Labor
Inspectorate, Polish National Police, and the Border
Guards. The team also includes NGO representatives active
in assisting TIP victims (La Strada, ITAKA, Nobody's
Children Foundation, and Caritas). The role of the group
is to assess the implementation of the National Anti-
Trafficking Plan, prepare new proposals and opinions on
strategies aimed at effective anti-TIP efforts, and
facilitate cooperation between the central government,
local governments, and NGOs in combating trafficking.

Parallel to the team, an inter-ministerial working group
was established, which meets regularly to work on anti-
trafficking efforts. The work of the Interagency Team and
Working Group is supported by the Unit for Trafficking in
Human Beings, which was established in 2007 within the
Migration Policy Department of the Interior Ministry. Its
main tasks are to support the work of the Interagency
Team, monitor the implementation National Anti-
Trafficking Plan, and to implement the Witness/Victim
Protection Program for foreigners.


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In addition to the Inter-Ministerial Anti-Trafficking
Structures, the National Police has a Central Anti-
Trafficking Unit to combat human trafficking, pedophilia
and pornography. This unit currently has five full-time
police officers and 1 civilian employee (currently two
positions are vacant),and it serves as liaison for 17
regional police units around the country. These regional
units employ a total of 46 individuals and are
established in all 16 provinces around Poland and in the
city of Warsaw.

On June 18, 2008, the National Border Guard established a
central specialized team, which consists of specialists
from different Border Guard departments and serves as
liaison for regional Border Guard coordinators who were
set up in all 12 regional Border Guard Units around the
country.

In addition, in 2007 regional prosecutorial offices that
handle appeals cases around the country appointed TIP
consultants to assist prosecutors with trafficking cases
and, when the case is particularly complicated, to assume
lead responsibility for the TIP case.

24.C. PRACTICAL LIMITATIONS. The primary limitations are
the lack of a legal definition of trafficking,
implementation of already established standard operating
procedures for investigations and prosecutions, the need
for wider use of victim identification techniques,
funding for victim assistance.

Poland still does not have a legal definition of
trafficking. Poland's criminal code outlaws human
trafficking, but does not specifically define it. NGOs
and university experts claim that the absence of such a
definition in national law is problematic because
prosecutors and (especially) judges are not sufficiently
well informed or aware of the offense. As a result,
traffickers are often prosecuted under different
violations of the criminal code, e.g., rape, sexual
assault, which have similarly stringent penalties. The
Interagency Working Group once again ranked amending the
criminal code to incorporate the Palermo Protocol
definition as a major priority of the new National Action
Plan for 2009-2010.

While Poland has developed sophisticated, detailed
standard operating procedures for victim referrals /
assistance and trafficking investigations / prosecutions,
implementation has been lacking. According to La Strada,
the government has developed comprehensive guidelines and
standard operating procedures for law enforcement dealing
with trafficking victims. However, that information is
not always properly distributed to lower level officers.
Similarly, the guidelines for prosecutors, including the
application of the requirement to allow victims a
"reflection period" to decide whether to press charges
and/or cooperate with criminal investigations are not
properly utilized in regional units.

Funding for victim assistance has been insufficient and
unstable in the past. The only specialized shelter for
TIP victims has been funded primarily through foreign and
EU sources; the shelter was on the verge of closing down
at the end of 2008 because of a funding shortage.
However, the Prime Minister's Chancellery allocated
reserve funds to the Interior Ministry to keep the
shelter running until the end of 2009 (see Ref F.) The
government has allocated funds to transform this new
funding mechanism into a stable funding basis for TIP
victim assistance (see 26.C).

Proper identification of victims of trafficking is
another problem, especially because most TIP victims
cross Poland's borders legally, because non-law
enforcement officials do not have adequate training to
detect migrants working under exploitive conditions, and
because of the large number of victims who transit
Poland. Despite increased training for police and border
guards and new mandates for the labor inspectorate, many
victims continue to go unidentified.

Although corruption within the police force is generally
a problem in Poland, NGOs reported that police corruption

WARSAW 00000217 005 OF 017


did not contribute significantly to the problem of
trafficking in persons. Instances of corruption and
serious criminal misconduct are investigated by the
Polish National Police's Internal Affairs Office.

24.D. GOVERNMENT MONITORING. The Interior Ministry
systematically gathers information on trafficking in
persons. In February 2008, the Ministry published its
first comprehensive report on trafficking; the material
was also posted on the website, 1000 copies were printed
and 200 CDs produced. Parts of the report were translated
into English. The second edition of the report is
scheduled for early 2009.

The Interior Ministry collects statistical information on
the number of investigations and the way they were
concluded (e.g. indictment act or closure of the case).
The statistical data also covers the number of victims
assisted by La Strada, the number of victims granted
police protection and the number of cases in which the
"reflection period" was applied.

The Office for Combating Organized Crime in the National
Prosecutor's Office collects, on an annual basis,
information on the analysis of criminal proceedings
against traffickers, including the number of
investigations initiated and concluded, number of
indictment acts against traffickers, and number of
victims. The Ministry of Justice also collects
information on the number of convictions under anti-
trafficking provisions of the criminal code.

In 2008 the Interior Ministry joined a project run by the
International Center for Migration on Trafficking in
Human Beings -- "Data Collection and Harmonized
Information Management Systems" -- which is scheduled to
run from May 2008 to October 2009. The main goal of the
project is to establish uniform guidelines for collecting
statistical information which will be applied in the
countries participating in the project (i.e. Poland,
Portugal, Slovakia and the Czech Republic). The project
is jointly carried out by experts from police, Border
Guard, Ministry of Justice, National Prosecution and La
Strada.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------

25.A. CRIMINAL LAW ON TRAFFICKING. Polish law prohibits
forcing individuals into prostitution, trafficking in
human beings, and pimping. The relevant sections of the
criminal code are Articles 253 (sexual and non-sexual
trafficking); Article 204, para 4 (abduction into
prostitution); and Article 203 (forced prostitution)
effective September 1, 1998.

-- Article 253 para 1 of the Criminal Code states that
whoever "traffics in persons, even with their consent, is
subject to a sentence of imprisonment for a period of
time not shorter than 3 years."

-- Article 204 para 4 states that a perpetrator whoever
"entices or abducts a person into prostitution abroad
shall be subject to a sentence of imprisonment for a
period of time from 1 to 10 years."

-- Article 203 states that "whoever, by force, illegal
threat or deceit, or by abusing a relationship dependence
or by taking advantage of a critical situation, subjects
another person to practice prostitution, shall be subject
to the penalty of imprisonment for a term between 1 and
10 years."

The laws cover both internal and external trafficking,
and do not require proof that the victim was coerced in
order to secure a conviction.

Poland has adopted the UN Protocol on Trafficking in
Persons (Palermo Protocol). The National Prosecutor's
Office uses this definition of trafficking in its
prosecutions and states that its prosecution efforts have
not been adversely affected by the absence of a specific
definition in Polish national law; however, the National
Prosecutor's Office concedes that judges sometimes choose

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to issue convictions on the basis of articles other than
253, as it is easier to provide evidence in support of
other offenses. NGOs and law enforcement officials claim
the lack of a definition negatively impacts effective
prosecution and discourages judges and prosecutors from
prosecuting under article 253 (trafficking).

On November 17, 2008, Poland ratified the 2005 Council of
Europe Convention on Action against Trafficking in Human
Beings. The Convention will enter into force in Poland on
March 1, 2009 (ref D).

25.B. CRIMINAL PENALTIES FOR SEX TRAFFICKING. The
maximum penalty for (sexual and non-sexual) trafficking
in persons is 15 years' imprisonment under Article 253 of
the Criminal Code (minimum of three years' imprisonment).
Article 204, section 4 of the Code provides for up to ten
years' imprisonment for trafficking involving
prostitution. This article is not often used, as
prosecutors use Article 253 in most trafficking cases.
Article 203 also provides for imprisonment from 1 to 10
years. Most sentences are shorter than the maximum, with
the most severe sentences reserved for those convicted of
trafficking minors for the purpose of prostitution or
luring/abducting adults into prostitution abroad.

25.C. CRIMINAL PENALTIES FOR LABOR TRAFFICKING. Cases of
trafficking for labor exploitation are prosecuted under
Article 253 (described above) or organized crime
statutes, as appropriate.

The Polish Constitution guarantees the freedom to choose
and pursue an occupation and to choose the place of work.
It places an obligation on the state to supervise the
conditions of work, prohibits the employment of children
younger than 16 years of age, and obliges the state to
set minimum wages and maximum working hours.

Poland has ratified and incorporated into national legal
regulations the international conventions governing
forced labor and employee exploitation, including the
1957 ILO Convention on the Abolition of Forced Labor, the
1950 European Convention on Human Rights and Fundamental
Freedoms, and the 1999 ILO Convention on the Prohibition
and Immediate Action for the Elimination of the Worst
Forms of Child Labor.

The Polish criminal code has special provisions on crimes
against the rights of employees:

-- Article 218 (malicious violation of rights): "A person
shall be subject to a fine, deprivation of liberty, or up
to 2 years' imprisonment if he maliciously or
persistently violates employee rights granted under an
employment contract or social insurance while carrying
out activities involving the labor code and social
insurance regulations?.

-- Article 220 (putting an employee at risk of death or
severe injury): "A person who is responsible for health
and safety shall be liable to 3 years' imprisonment, if
he fails to comply with the relevant duties and by doing
so puts the employee at direct risk of death or severe
injury".

The Polish Labor Inspectorate is the main government body
responsible for supervising and auditing employers,
including work and safety conditions, legality of
employment (both Poles and foreigners),right to
remuneration and other work-related benefits, e.g.,
working hours, etc. The Labor Inspectorate also monitors
and supervises the activities of private employment
agencies that recruit people to work abroad.

In accordance with the labor code, a victim of forced
labor can file employment-related claims in a labor court
for failure to comply with health and safety regulations,
the right to annual leave, and the lack of remuneration
for work performed. Under the civil code, an individual
may file a civil suit and demand compensation if the
terms of a labor contract signed with the employer are
not fulfilled.

25.D. CRIMINAL PENALTIES FOR RAPE AND SEXUAL ASSAULT.

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According to Criminal Code Article 197, using violence,
threat, or deceit to force a person to have sexual
intercourse is punishable by two to twelve years'
imprisonment. Using such means to force a person into
other sexual activity is punishable by six months' to
eight years' imprisonment. In cases involving more than
one perpetrator, the punishment cannot be shorter than
three years. In cases involving excessive cruelty, the
punishment ranges from minimum five years up to twelve
years imprisonment, compared to up to fifteen years for
trafficking under Article 253.

25.E. LAW ENFORCEMENT STATISTICS. According to the
National Prosecutor's Office, in 2008 prosecutors
concluded 53 investigations; there were also 51
investigations pending at the end of the year, some of
which were initiated in 2008 and some in 2007. Of the 53
concluded investigations, there were 28 indictments
involving a total of 78 individuals. Of the 78
individuals indicted, seven were foreigners (five
Bulgarians and two Germans). Four investigations were
discontinued due to the failure to locate the offender,
and 21 were discontinued because prosecutors were unable
to confirm that an offense took place. A total of 315
victims were involved. In 2008, four victims were
granted police protection. Of the 315 victims, five were
17 years old and two individuals were 16 years old.

According to the Statistics Bureau of the Ministry of
Justice, there were 18 convictions under Article 253 and
28 convictions under Article 203 of the penal code in

2008. These sentences were issued by courts of first
instance and are subject to appeal. Statistics for
convictions under Article 204 are not yet available. Post
will submit complete conviction and sentencing data
(post-appeal) for 2008 when such data become available.

Final (post-appeal) data for 2007 shows that there were
three convictions under Article 253 (human trafficking),
of which one was suspended; there was one conviction
under Article 204 (forced prostitution abroad),which was
suspended; and 15 convictions (including one case of a
minor) under Article 203 (forced prostitution),of which
nine were suspended. These sentences were upheld by
appellate courts, and they are final. Of the 19 prison
sentences, there were four one-year sentences, seven one-
to-two year sentences, six two-year sentences, and two
three-five year sentences. Of the individuals convicted
17 were Polish citizens and two were foreigners (Belarus
and Moldova).

The number of new police investigations related to
trafficking increased in 2008. According to the Central
Anti-Trafficking Police Unit, police initiated 18 new
investigations of human trafficking under Article 253 of
the Criminal Code in 2008. As a result of these
investigations, police identified 60 trafficking offenses
and forwarded 59 cases to prosecution for indictment.
Police managed to identify 62 victims, including 14
foreigners. In addition, police identified three cases of
forced prostitution under Article 204, which included
four victims. Police forwarded two cases to the
prosecution office for indictment. Police also initiated
19 new investigations under Article 203 (forced
prostitution),which resulted in identifying 35 offenses.
Thirty-four cases were forwarded to prosecution for
indictment. These cases included the total of 28 victims,
including two foreigners. According to the Ministry of
Interior, in 2008 the Border Guard initiated three new
investigations into trafficking and referred six victims
to the Witness/Victim Protection Program.

25.F. TRAINING. The government, in cooperation with
NGOs, foreign missions, the EU, and international
organizations, provides specialized training in how to
recognize, investigate, and prosecute trafficking. Some
examples are provided below.

In April, the Interior Ministry, in cooperation with the
Human Trafficking Studies Center of the Warsaw
University, organized training of police and border guard
instructors (train-the-trainer) on trafficking in
persons. The training was co-funded by the Interior
Ministry and the European Commission. The training was

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addressed to instructors from police and border guard
academies and representatives of provincial police
headquarters who deal with human rights violations on a
regional level.

In June, the National Border Guard Headquarters organized
a three-day training session for coordinators who deal
with trafficking issues in provincial police
headquarters, Border Guard units and prosecution. The
training covered legal status of foreigners, travel
documents, case studies of trafficking cases, and
sensitivity to the psychological condition of trafficking
victims. The Border Guard Headquarters also organized an
advanced three-day training session for Border Guard
officers who work in investigation and border traffic
departments or oversee the monitoring of foreigners. The
training will be continued in 2009. In addition, the
Border Guard Training Academy organized a viewing for all
students at the officer level of a Polish-made movie on
trafficking ("My name is Justine"),which was preceded by
a lecture on trafficking in persons.

In May and November, the Ministry of Labor and Social
Policy, in cooperation with La Strada, organized
specialized training for employees of Crisis Intervention
Centers (see 26.B). The training focused on victim
identification, sensitive handling of trafficking
victims, provision of victim assistance in accordance
with the 2007 revision of the Law on Social Assistance
(see 26.A),crisis intervention, and principles of
cooperation with other countries. The first training
took place in May 2008 and covered social workers from
Poland's eight eastern provinces. The second training
took place in November and was addressed to the staff of
the Crisis Intervention Centers from the eight western
provinces. A total of 60 social workers were trained.

As a follow-up to the 2007 training program for judges,
in 2008 the British Embassy, Interior Ministry, Ministry
of Justice and La Strada cooperated in providing a
training program on trafficking for prosecutors. The
first training session was held in December and was
attended by 30 prosecutors. The second session for the
same group is scheduled for April 2009. The training is
delivered as part of the National Anti-Trafficking
Program. The goal of this training was to expand the
knowledge of prosecutors on the definition of human
trafficking, in particular in the context of Polish
domestic law, characteristics of the phenomenon of
trafficking and the specific situation of victims. Part
of the training concerned the identification of both
underage and adult trafficking victims.

In September, the Central Bureau of Investigations (CBI)
organized two-day training session for CBI officers,
which focused on efforts undertaken and challenges facing
law enforcement in combating trafficking.

The Interior Ministry prepared a special module about
trafficking in children for directors of orphanage homes
and representatives of provincial government offices
which supervise those institutions.

The NGO Nobody's Children provided training to a mix of
approximately 500 social workers and law enforcement
officials throughout the country on child trafficking
issues. The NGO also published and distributed awareness
campaign flyers and an information booklet in cooperation
with the Interior Ministry.

Training on human trafficking is included in the
curriculum of all soldiers and police officers who are to
be deployed for peacekeeping missions abroad (see 27.G).

There were also training sessions and conferences on the
regional level. In May, the Provincial Police
Headquarters in Krakow organized a three-day training
session for police officers from criminal and prevention
divisions on standard operating procedures when dealing
with trafficking offenses. In September, the Krakow
regional police also organized a one-day training session
for officers of police, border guard and municipal guards
on preventing and combating trafficking for the purpose
of begging. In June, the Provincial Police Headquarters

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in Radom together with Mazovia Social Policy Center held
a conference "Let's not traffic in people," which was
addressed to police officers from prevention and criminal
bureaus of the Mazovia Police Garrison. In October, the
District Police Unit in Strzelce Opolskie and a Regional
Center of Social Policy organized a two-day conference on
"Modern-day Slavery," which was devoted to trafficking in
persons (including, children, organs and forced labor).
The conference was attended by officers of the prevention
and criminal bureaus of the Opole police garrison.

The NGO La Strada participated in the majority of
training sessions organized by government institutions in
Poland, either as an organizer (full involvement),
partner (partnership with other institutions),or by
providing guest speakers, lecturers, or trainers. La
Strada co-organized three training sessions for higher-
level personnel of refugee centers with the Office for
Foreigners, UNHCR, and the Interior Ministry. La Strada
also organized two training sessions on gender-based
violence in Lublin and Warsaw refugee reception centers
and training for social workers. On an international
level, La Strada organized three train-the-trainer
training sessions for Ukrainian police under a British
Council project.

25.G. INTERNATIONAL LAW ENFORCEMENT COOPERATION. The
government cooperates with other governments in the
investigation and prosecution of trafficking case,
especially with its closest neighbors. The Polish
National Police participate in several bilateral task
forces that share information, track the movements of
traffickers and victims across borders and coordinate
repatriations and casework. Bilateral efforts include
Polish task forces which work jointly with Czech, German,
and Swedish Police forces, and one multilateral task
force that coordinates efforts among Polish and Baltic-
nation Police forces on anti-trafficking efforts.

In 2008 the Police National Headquarters began work on
establishing a Joint Investigation Team (JIT) with German
Police. Although a framework was agreed upon for
establishing the JIT, the team has not been created yet
due to differences between Polish and German criminal
law. Nevertheless, during investigations on individual
trafficking cases, regional police headquarters establish
direct contact with Liaison Officers of interested
countries. Police usually exchange information with the
countries of destination (Italy, Germany, Spain, United
Kingdom),and countries of origin (Ukraine, Belarus,
Bulgaria, Romania and Moldova).

Polish officials also actively participate and co-sponsor
international trafficking conferences. The Ministry of
Interior hosted a November 17-22 workshop on combating
organized crime for officials from Ukraine's Interior
Ministry. Part of the workshop focused on international
and interagency cooperation in combating human
trafficking. Police officers from the Central Anti-
Trafficking Unit participated in two seminars on human
trafficking organized by the European Police Academy
CEPOL (in Lithuania and the Czech Republic). In May,
police officers participated in a meeting of the Task
Force against Trafficking in Human Beings, which is
established at the Council of the Baltic Sea States. The
meeting was followed by a seminar which was attended by
NGOs that provide assistance to trafficking victims.
Polish police also participated in a research project
"Polish-German exchange and workshop for police units
which combat human trafficking", carried out by a
Hannover-based advocacy center for TIP victims in
cooperation with La Strada. The Anti-Trafficking Team of
the Interior Ministry organized a research project on:
"Polish-Moldovan exchange of best practices and
expertise." The project included a seminar on combating
human trafficking hosted by the Police Academy in
Szczytno. The project was funded by the Polish Ministry
of Foreign Affairs. A similar project, also funded by the
Ministry of Foreign Affairs, was organized for Ukraine.
Police officers also attended an EU-funded international
conference devoted to the analysis of criminal phenomena,
including human trafficking, which occur on the territory
of the EU member states.


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According to police statistics, in 2008 foreigners were
involved in committing approximately 60-70 trafficking-
related offenses; the majority of those cases involved
cooperation and an exchange of information with foreign
governments. The Central Police Unit for Combating Human
Trafficking and Child Pornography regularly exchanges
information with Europol, Interpol and Police of other
countries in the area of human trafficking, child
pornography, and pedophilia.

25.H. EXTRADITIONS. The Polish criminal code allows for
the extradition of Polish citizens to other EU countries.
In 2008 there was one extradition procedure initiated
involving a Ukrainian citizen. There were no cases of
extradition of Polish citizens related to human
trafficking.

25.I. GOVERNMENT INVOLVEMENT. Mission Poland has no
evidence indicating that the government is involved in or
tolerates trafficking.

25.J. COMPLICITY. Mission Poland has no evidence that
governmental authorities condone or are otherwise
involved or complicit in trafficking. To date, there have
been no cases of law-enforcement officials punished for
trafficking-related corruption.

25.K. LEGAL SITUATION OF PROSTITUTES. While prostitution
is not criminalized, pimping, recruiting, or luring
persons into prostitution carry penalties of up to 10
years in prison. According to the Interior Ministry, the
police regularly screen escort services in cooperation
with the Polish Labor Inspectors. In addition, in 2008
the Polish Labor Inspectorate signed an agreement with
the Border Guard to conduct joint screening of escort
services. In the first half of 2008, police closed 57 of
565 escort services operating in Poland. In the second
half of the year, police closed 69 agencies out of the
530 in operation during that six-month period.

Under the current version of the Polish criminal code,
the legal age of consent to sexual activity is 15.
Poland has ratified the Palermo Protocol, the Optional
Protocol to the UN Convention on the Rights of Children
(of May 25, 2000),and the EU Convention on the Rights of
Children. All of these documents prohibit prostitution by
individuals less than 18 years of age. According to the
Polish Constitution (Art. 87) and international law, the
provisions of these documents automatically become part
of Polish law and act to prohibit child prostitution as
therein defined. Full implementation of the protocols
and Convention will require changes, inter alia, in the
Polish Criminal, Family and Labor Codes. The prosecutor's
office states that anyone (including a parent) assisting
a person under the age of 18 to engage in prostitution
would be assumed to be benefiting financially from this
assistance and would be investigated and prosecuted
accordingly.

25.L. INTERNATIONAL PEACEKEEPING. According to the
Military Prosecution Office, no Polish nationals deployed
abroad as part of a peacekeeping mission engaged in or
facilitated any form of trafficking, nor were there any
known cases of exploiting trafficking victims.

25.M. CHILD SEX TOURISM. According to the Government and
NGOs, child sex tourism is not a significant problem in
Poland.

PROTECTION AND ASSISTANCE TO VICTIMS
--------------

26.A. VICTIM AND WITNESS PROTECTION. Polish law allows
foreign victims to remain in Poland legally during the
investigation and trial of their traffickers. At the end
of 2005, the Law on Aliens was amended to provide for a
"reflection period" during which foreign trafficking
victims are allowed to stay legally in Poland while
deliberating whether or not to participate in the
prosecution of their traffickers. The Law on Aliens was
further revised in October 2008 to extend the reflection
period to three months. This new provision entered into
force on January 1, 2009. During 2008, two victims used
the reflection period.

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Videoconference testimony from abroad is permitted and
regularly used.

The revised Law on Social Assistance, which entered into
force on April 1, 2007, provides that all foreign victims
of trafficking are entitled to the same type of social
welfare benefits as Polish citizens. The revised law also
gives foreign victims the right to access crisis
intervention assistance, shelter, food, clothing and
living allowance, and entitlement to stay at Crisis
Intervention Centers.

26.B. VICTIM CARE FACILITIES. There is one specialized
shelter in Poland for victims of trafficking. Located in
Warsaw, the shelter is operated by La Strada and funded
until recently primarily through foreign and EU funds.
The shelter is available only for adult women without
children. The law on social assistance provides that all
victims (both Polish and of foreign nationality) have
access to social assistance, including financial and non-
financial support (e.g., crisis intervention, shelter,
food, necessary clothing). Child victims of trafficking
are placed in orphanages and foster families. There are
no specific shelters for male victims so they are placed
either in homeless shelters or half-way houses for
recently released prison inmates.

Trafficking victims may also stay in specialized Crisis
Intervention Centers for victims of domestic violence.
There were 37 such centers operated by local governments
and funded by central government. These Crisis
Intervention Centers provide social, medical,
psychological, and legal assistance to victims. (See 25.F
for details on capacity building for the Crisis
Intervention Centers).

26.C. GOVERNMENT PROVISION OF VICTIM ASSISTANCE SERVICES.
The government provides trafficking victims with access
to legal, medical and psychological services in
cooperation with NGOs and international organizations.
The assistance has been funded by the government, the EU,
international organizations, and foreign missions.

In 2008 the Interior Ministry continued funding the
Program for Support and Protection of Victim/Witness of
Trafficking in Human Beings (see 26.D). This
Witness/Victim Protection Program, implemented by La
Strada, provides the following assistance: crisis
intervention (medical and psychological assistance, safe
transportation and shelter, food, clothing, lodging
support and counseling); legal counseling when contacting
law enforcement and judiciary, assistance in legalizing
the stay in Poland and/or organization of safe return to
the country of origin. In 2008 the Government allocated
USD 38,000 (PLN 143,000) for the implementation of the
Witness/Victim Protection Program. The amount for 2009 is
USD 40,500 (150,000.00 PLN).

In 2009 the government allocated an additional USD
190,000 (700,000 PLN) to establish and operate the new
National Intervention-Consultation Center for Victims of
Trafficking. The Center should begin operation in April
and will include: 24/7 hotline for victims and witnesses,
crisis intervention, consultation point for local
government and central authorities on working with TIP
victims, preventive activities, and running the shelter
for trafficking victims. Until recently, government
funding for these types of activities through La Strada
covered less than 10 percent of La Strada's operating
expenses. In 2008, La Strada's shelter was funded partly
by the Interior Ministry (USD 13,500, or 50,000 PLN),
Mazovia regional authorities (USD 16,200, or 60,000 PLN)
and EU funds (USD 13,500, or 50,000 PLN). In addition,
La Strada also continued to receive a grant from the
Norwegian government, which covered legal assistance and
other services, including legal counseling, social
workers, case managers and hotline consultants. The
Interior Ministry is preparing a public tender for the
new center and La Strada will likely be awarded the grant
because of its high-level of expertise (Ref E).

Other local organizations, such as Nobody's Children

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Foundation, Halina Niec Center for Legal Assistance,
Catholic Church-affiliated Caritas, and the Association
for Assistance to Women and Girls, also provide victim
assistance. Nobody's Children Foundation is funded
mainly through an international philanthropy foundation
called the Oak Foundation, and through small private
donations

Since 2005, the International Office for Migration (IOM)
has worked with Interior Ministry on assisting
trafficking victims through a voluntary return program.
According to IOM representatives, they assist 4-5 victims
per year in voluntary return to the country of origin.
Also, in 2008 the Warsaw-based Office of Democratic
Institutions and Human Rights (ODIHR) and the OSCE
provided a small grant to La Strada to provide assistance
to 12 Uzbek and Tajik men, who are being handled as
possible victims of forced labor (see 23.B).

In 2008 the Ministry of Labor and Social Policy allocated
USD 1.2 million (4.42 million PLN) to open new Crisis
Intervention Centers and expand operations at existing
centers (see 26.B).

26.D. ASSISTANCE FOR FOREIGN VICTIMS. The government
assists foreign trafficking victims. The Victim/Witness
Protection Program is initiated if the foreign victim
agrees to break all contacts with the traffickers. The
program allows for a three-month period during which the
victim is granted full assistance and may decide on
whether she/he would like to cooperate with law
enforcement. If the victim decides against testifying,
he/she can voluntarily return to the country of origin.
If the person decides to testify, their legally
authorized presence in Poland may be extended. After the
trial, the victim is offered a safe return to their
country of origin and informed about victim assistance
programs offered by the NGOs in their country. There were
no reported cases of deportations of trafficking victims
during the reporting period.

26.E. LONG-TERM BENEFITS AND REINTEGRATION. Although
there is no special government program for reintegration
of victims, all victims (both Polish and foreign) are
entitled to government assistance. Victims of trafficking
have access to a number of social benefits, including
psychological assistance, social and legal counseling,
and shelter. The victim may also receive permanent or
temporary welfare benefits, assistance in kind, housing,
food, clothing, employment-related training, and
specialized care. Foreign victims have a right to apply
for permission for residence for up to 3 months and can
join the Program for Support and Protection of
Victim/Witness of Trafficking in Human Beings.

Following the March 2008 conclusion of IRIS -- an EU-
funded project operated by La Strada in cooperation with
the Women's Promotion Center, Social Assistance Center,
Warsaw Labor Office and the Ministry of Labor and Social
Policy to provide for the social and professional
reintegration of TIP victims -- a model for social and
professional integration of marginalized groups was
created. Between January and June 2008, the model was
presented in training programs for social workers, labor
offices and NGOs. A total of 100 people were trained.
In addition, a handbook was created on developing a
comprehensive system of support and professional training
for victims of trafficking who want to return to the
labor market. The manual was distributed to all social
workers trained in trafficking issues, social policy
departments of regional offices, social policy centers
and Crisis Intervention Centers. In 2009 the Ministry
will continue promoting and distributing the model of
reintegration of victims to social workers and NGOs.

26.F. VICTIM REFERRAL PROCESS. The government has a
referral process to transfer victims detained, arrested
or placed in protective custody by law enforcement
authorities to institutions that provide victim
assistance. The referral process was established in a
Standard Operating Procedure (SOP) developed by the
Border Guard and police. The SOP consists of rules and
procedures which officers are obliged to follow if they
identify a trafficking victim and includes instructions

WARSAW 00000217 013 OF 017


on how to refer a victim to an appropriate institution or
NGO. In the first quarter of 2008, the Anti-Trafficking
Working Group established a group of experts which
expanded the SOP to include procedures for Polish
victims. In April 2008, the new version of the SOP was
distributed among the police and Border Guard.

26.G. STATISTICS ON VICTIMS. According to the National
Police Central Anti-Trafficking Unit, 62 persons were
identified as trafficking victims under Article 253, four
were identified as victims under Article 204 (forced
prostitution abroad),and 28 were identified as victims
under Article 203 (forced prostitution).

In 2008, 22 adult victims and two child victims
participated in the Victim/Witness Assistance Program (18
new clients and four from the previous year). All of them
were referred to the program by law enforcement officers
(i.e., police or Border Guard). It was the first year
that the program provided assistance to men (2) and
children (2). The victims who joined the program in 2008
came from Bulgaria (6 persons),Mongolia (4),Romania
(3),Belarus (2),Nigeria (1),Djibouti (1),Moldova (2),
Germany (1) and Ukraine (2). Victims were mainly
trafficked for sexual exploitation (11) and forced labor
(6). In four cases foreigners were forced to beg and one
person was sexually harassed. Out of the 22 victims, 21
decided to cooperate with law enforcement.

In 2008 La Strada provided assistance to 308 persons who
were victims of trafficking (including 100 victims from
previous years). Fifteen percent were male. Less than 20
percent of the victims were foreigners. Of all the
victims, 60 percent were trafficked for purposes of
sexual exploitation (e.g., forced prostitution),20
percent for labor exploitation and forced labor, and 20
percent for begging and petty crimes. In 2008 La Strada
assisted 24 persons in its shelter (both Polish and
foreign nationals).

26.H. VICTIM IDENTIFICATION. The government recognizes
the need to improve victim identification and continued
to expand its training programs to increase the capacity
of law enforcement, immigration, and social services
personnel to identify victims of trafficking, especially
among high-risk persons with whom they come in contact.
The Interior Ministry, National Police, and NGOs are
generally satisfied with new training efforts in place to
address this concern and with the degree of cooperation
between law-enforcement and victim assistance providers.
The police and border guard have an SOP for dealing with
trafficking victims (see 26.F). There is no legalized or
regulated sex industry in Poland (see 25.K).

26.I. VICTIMS' RIGHTS. The rights of victims are
generally respected. Standard operating procedures for
Border Guard and police officers provide detailed
instructions on how to deal with victims to ensure that
their rights are properly protected. Border Guard and
police officers are instructed to inform the victim about
the right to a "reflection period" and about the
Witness/Victim Protection Program. La Strada observed a
considerable improvement among Border Guard in terms of
their understanding of trafficking. According to the
National Prosecution Office, in 2008 there were no cases
in which a victim was prosecuted for a violation of other
laws. In one case, it was revealed that a victim provided
a false testimony about alleged trafficking for sexual
exploitation. The case was first discontinued but now the
case is further investigation on false testimony about a
crime which was not committed.

On February 20, 2009, the Minister of Justice and
Prosecutor General sent out a set of guidelines to all
prosecution offices around the country with instructions
on how to deal with victims of crimes to make sure that
their rights are properly protected when in contact with
law enforcement. The main goal of these guidelines is to
enhance the position of victims in relation to police,
prosecutors and courts. Although the guidelines do not
focus specifically on trafficking victims, they are
expected to contribute to better protection of TIP
victims


WARSAW 00000217 014 OF 017


26.J. VICTIM PARTICIPATION IN INVESTIGATIONS AND
PROSECUTIONS. The government encourages and facilitates
victim participation in the investigation and prosecution
of trafficking (see 26.A). In 2008, 21 foreign victims
agreed to participate in the prosecution of their
traffickers. La Strada assisted nine victims/witnesses in
court proceedings against their traffickers. In nine
court proceedings, La Strada participated as a social
representative. In addition, La Strada also monitored
five cases under a special project to monitor long-term
prosecution cases. Victims may file civil suits against
traffickers but there were no such cases in 2008. The
victims may also receive financial compensation through
legal action in a form of adhesion proceedings as part of
the criminal proceedings against traffickers. However, La
Strada expressed concern that prosecutors do not
adequately incorporate the compensation or restitution
process into criminal proceedings, e.g., by securing
assets of perpetrators or estimating the amount of
compensation or damages to which victims are entitled.

26.K. TRAINING. The government provides specialized
training for government officials in identifying
trafficking victims and in the provision of assistance to
trafficked victims, including the special needs of
trafficked children (see 25.F). A questionnaire
developed in 2007 by Warsaw University at the request of
the Interior Ministry serves as an identification tool
used by police and border guard officers. It is now
included in the Standard Operating Procedures for law
enforcement and is also used as an instruction tool in
all victim identification training for law enforcement
officers.

The government also provides formal training on victim
identification and assistance to personnel at its
embassies and consulates in destination or transit
countries. The MFA included a special module on
trafficking in a basic training for all consular
officers. In 2008, one of the priorities for Polish
consuls was to respond to all cases of persons cheated by
unreliable employers and job agencies. They cooperated
with local organizations and local institutions which
provide assistance to victims of trafficking. Polish
consuls also supported the establishment of local
information centers in the Netherlands, Spain and the UK,
which operate at municipal level, Polish centers, NGOs
and trade unions, where Polish citizens could get
information and necessary assistance in the Polish
language. The MFA does not collect statistics on the
number of Polish victims Polish consulates and embassies
assisted abroad because this assistance is considered
part of general consular service provided to Polish
nationals.

26.L. VICTIM ASSISTANCE FOR POLISH NATIONALS. All
victims of Polish nationality have the right for
assistance under the revised Law on Social Assistance
which entered into force on April 1, 2007. Polish victims
are entitled to social assistance, including financial
and non-financial support (i.e. medical and psychological
care, shelter, meals, clothing).

26.M. INTERNATIONAL ORGANIZATIONS. The government
cooperates with international organizations and NGOs,
e.g., IOM, UNHCR, OSCE/ODIHR, La Strada (see 26.C).

PREVENTION
--------------

27.A. ANTI-TRAFFICKING INFORMATION AND EDUCATION
CAMPAIGNS. The government carried out a number of
education and anti-trafficking information campaigns
during the reporting period. For example:

-- A campaign addressed to Poles seeking work in the EU
member states, including information on possible threats
related to working abroad which was posted on two popular
websites: Orbis (tourist agency) and Pracuj.pl (website
for job seekers). In a booklet called "Employers
2008/2009" the Interior Ministry included a poster with
similar information.

-- In cooperation with the British Embassy, the Interior

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Ministry published press advertisements in two
periodicals: "Working and Studying Abroad" (50 thousand
copies in Poland) and "Working and Living Abroad" (70 000
copies in Poland and 3,000 in the UK),which warn against
trafficking for forced labor.

-- In cooperation with IOM and AmEmbassy Warsaw, the
Interior Ministry organized the first mobile exhibit of
18 posters which presented photographs of victims and
statistical information about trafficking. This
traveling exhibit was on display at Warsaw's central
train station for one week before circulating to six
other major train stations around the country, including
Poznan, Lodz, Katowice, Krakow, Wroclaw and Gdynia.
Since October 23, 2008, the exhibit was also posted on a
website (www.stophandelludzmi.pl),which offered readers
the chance to present their opinions in an open forum.

-- In 2008, the Ministry of Foreign Affairs published the
next issue of the "Pole Abroad" guidebook, which includes
warnings against making hasty decisions on leaving Poland
to work abroad or to use unreliable employment agencies.
The 2008 edition of the guidebook includes information on
the types of assistance which can be granted by Polish
consuls abroad. The guidebook is also available on the
MFA website.

-- In an effort to provide better protection for economic
migrants, the MFA continued its program "Closer to Work,
Closer to Poland" initiated in 2007. Under this program,
information on trafficking was posted on the websites of
Polish embassies.

-- NGOs La Strada and Caritas Warsaw carried out TIP-
related information campaigns during a summer rock music
festival concert for young people.

-- An information campaign was addressed to foreigners
looking for work in Poland, which included distributing
approximately 140,000 leaflets through Polish consulates
in Ukraine, Belarus, Russia, Central Asia, and the
Caucasus. The leaflets were attached to passports during
the visa processing procedure. These activities will be
continued in 2009-2010.

-- The Interior Ministry reprinted a leaflet on
trafficking in Polish (1,000 copies) and English (200
copies). These publications, together with other
prevention materials (Travel Compass, leaflet on
trafficking in children, materials for the Program of
support and protection of victims/witnesses of
trafficking, leaflets for trafficking victims in six
languages) were distributed to police units, police and
Border Guard schools, NGOs and university research
centers and libraries.

-- In November 2008 the Department for Women, Family and
Counteracting Discrimination in the Ministry of Labor and
Social Policy published 100,000 copies of the cartoon
book "You Are Not for Sale," which was originally
produced by the Council of Europe. It was translated by
the Interior Ministry and will be part of a national
prevention campaign aimed at young people, which will be
carried out through schools.

-- In 2008 the Appeals Prosecution Office in Szczecin
held a prevention campaign (leaflets and posters) for
people interested in working abroad. The website "This
Train Does Not Go to Hollywood" was funded by the West
Pomerania province and included practical information for
persons who are going to work abroad. The information
describes methods of recruitment of victims and also
practical advice on what to do in case one falls victim
to such a crime.

There were also events focused on prevention of human
trafficking, organized on a regional level, including the
November 20-21 conference on "Crisis Intervention for
Trafficking Victims" organized in Poznan for employees of
Crisis Intervention Centers and family assistance
centers; an international conference in October on
"Modern-Day Slavery" organized by the regional and local
governments and the Police Academy in Legionowo for
teachers, police officers and social workers in the

WARSAW 00000217 016 OF 017


Strzelce Opolskie region; a conference on "Prevention of
Human Trafficking ? support for persons threatened by
violence and cyber bullying, " organized by Tomaszow
Mazowiecki regional authorities and addressed to police
officers, teachers, school headmasters and social
workers.

27.B. GOVERNMENT MONITORING OF IMMIGRATION PATTERNS. The
Government monitors immigration and emigration patterns
to identify possible new trends in trafficking (see 24.D
and 25.G). In 2008, for the first time, the Central
Anti-Trafficking Unit in the Police and Border Guard
headquarters carried out special analyses with a focus on
new trends in human trafficking. The results of these
analyses will be included in the second edition of the
report on trafficking to be published by the Interior
Ministry later this year.

27.C. INTERAGENCY AND INTERNATIONAL COORDINATION. The
government coordinates communication between various
agencies, internal, international, and multilateral
agencies and NGOs on trafficking-related matters (see
24.B).

27.D. NATIONAL PLAN OF ACTION. In January 2009, the
Interagency Working Group concluded its preparation of
the fourth two-year National Action Plan for Combating
Trafficking, which will cover 2009-2010 (see also 24.A).
All government agencies and major NGOs involved in anti-
trafficking efforts participated in drafting the Action
Plan. This same process has been followed since the
first plan was prepared in 2003-2004. The Action Plan is
now pending final approval by the Council of Ministers.

After the Action Plan is approved by the government, it
is distributed among all institutions in the Inter-Agency
Working Group responsible for implementing the Action
Plan. In addition, it is circulated during the annual
national conference on trafficking organized by the
Migration Policy Department of the Interior Ministry. It
is also available on the Interior Ministry website in
Polish and English.

27.E. DEMAND REDUCTION CAMPAIGNS. According to the
Interior Ministry, the government ran no programs or
campaigns related to specifically reducing the demand for
commercial sex acts. As noted above, the police regularly
monitor and, when necessary, shut down escort services
(see 25.K).

27.F. CHILD SEX TOURISM. Government officials and NGOs
assess that there is not a significant problem in Poland
related to international child sex tourism. The Nobody's
Children Foundation, a leading Polish NGO dealing with
trafficking in children, agreed that sex tourism is not a
problem, but noted that trafficking in children for
sexual exploitation remains a problem. There were reports
of Polish teenage girls and boys engaged in "weekend
prostitution," particularly in Germany. As noted (see
25.F),the government and NGOs continued to provide
training in identification, protection, and provision of
assistance to child victims of trafficking.

27.G. INTERNATONAL PEACEKEEPING. According to the
Interior Ministry, training on human trafficking is
included in the curriculum of all soldiers and police
officers who are to be deployed for peacekeeping missions
abroad. The Ministry of National Defense does not
organize its own specialized courses or trainings on
human trafficking but actively participates in those
offered by other countries and/or organizations, e.g.,
NATO. Both military and civilian personnel are trained in
the specifics of the mission as well as any potential
criminal activities which may occur during the mission.
For the military, human trafficking is part of the
Standard Generic Training Module, which is prepared by
the UN. The module covers topics related to sexual
abuse, protection of children and human rights, which
include the problem of human trafficking.

TIP HERO
--------------


28. Stana Buchowska is the co-founder of La Strada

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Poland, an NGO which in September 2008 celebrated
thirteen years of regional leadership and activism in the
fight against trafficking in persons in Central and
Eastern Europe. Stana Buchowska is a long-time Embassy
contact and widely respected for her courageous work.

La Strada's Shelter - Stana Buchowska and her staff,
comprised of a few dedicated full-time employees and many
volunteers, continue to run the only shelter in Poland
exclusively for trafficking victims trying to rebuild
their lives. La Strada provides trafficking victims,
regardless of nationality, with psychological counseling,
medical attention, reemployment training, access to legal
representation, and countless other services under the
auspices of their crisis prevention and social
rehabilitation programs.

Government and NGO Cooperation - Stana Buchowska is both
a skilled, attentive practitioner and an effective
lobbyist for her cause. For many years she has advocated
the need of creating a good system of assistance and
support for trafficking victims, and that lobbying is
paying dividends. She works tirelessly with the other
members of the Polish interagency Anti-Trafficking
Working Group on developing plans and operating
procedures and implementing them. She works on a daily
basis with Polish law enforcement officials who identify
trafficking victims and deliver them to her capably
equipped staff. As reflected in our TIP report this
year, La Strada is the government's primary partner in
the provision of TIP assistance. La Strada is also the
"go-to" organization for Crisis Intervention Centers and
nascent NGOs around the country who are involved in TIP
assistance programs or awareness campaigns.

Training in Poland and the Region - Ms. Buchowska travels
extensively throughout the region to La Strada partner
organizations, regional conferences, and to conduct
training in Poland's neighboring countries. La Strada has
long been considered a primary Polish source of
information on trends, statistics, and other trafficking
in persons-related issues. Her organization reaches out
to other countries and offers its expertise and know-how
through various training in other countries of Central
Europe, including Ukraine, Hungary, and Slovakia.

NOTE: Stana Buchowska's name, date of birth, and
nationality were cleared by Embassy RSO, CONS, and
LEGATT. No derogatory information has been found.

BEST PRACTICES
--------------


29. In October 2008, the Interior Ministry and IOM, in
cooperation with Embassy Warsaw, inaugurated a new
trafficking in persons public awareness campaign called
"Human Trafficking Has No Borders". The campaign
consisted of a traveling exhibit of 18 posters which
presented photographs of victims and statistical
information about the phenomenon. The exhibit was on
display in a prominent location at Warsaw's central train
station for one week before circulating to six other
major train stations around the country, including
Poznan, Lodz, Katowice, Krakow, Wroclaw and Gdynia. The
goal of the display was to present the problem of
trafficking to the widest possible audience. The exhibit
is part of the Polish government's national plan to raise
awareness of this problem in Poland was rolled out
immediately preceding Poland's Third National Trafficking
in Persons Conference held on October 22, 2008. The
display received positive media attention.

QUANRUD
QUANRUD