Germany
7/10Government response rating
82,927,920Population
$52,556GDP (PPP)

Government Response

Milestone 1Survivors of slavery are identified and supported to exit and remain out of modern slavery
IndicatorRating
1.1.1National campaigns provide information to members of the public on how to report and identify victims.1
Campaigns on how to identify OR report potential victims, such as promotion of a hotline, website, or text messaging details, or distributing indicators of modern slavery AND must be distributed to the public at the NATIONAL level. NOT training for government officials, NGOs, embassy staff, health, and social workers AND occurred once since 30 June 2013. NOT general awareness campaigns that do not mention hotline or indicators of trafficking. NOT information is distributed to at-risk or specific populations or geographic locations, such as migrant workers or at-risk communities – this is covered under Milestone 4, 1.2.1.
Researcher NotesIndicator met – the Violence against Women support hotline is promoted through a variety of campaigns (TV/Radio ads, posters etc.) and covers victims of human trafficking. Several public awareness campaigns on identifying labour trafficking were run in conjunction with NGOs
1.1.2These campaigns are distributed systematically and at regular intervals (as distinct from one-off, isolated).1
If yes to 1.1.1, information has been distributed annually since 30 June 2013 OR information is promoted regularly through social media AND there is evidence this online promotion has been regularly updated (at least once since 1 July 2017 – please refer to date of Facebook posts, or date of tweets, etc.). If no to 1.1.1, indicator not met.
Researcher NotesIndicator met – information about the hotline has been distributed regularly
1.1.3There has been an increase in reported cases of modern slavery from the public.1
If yes to 1.1.1, there has been an increase in public reports of modern slavery cases in recent years AND this increase in reports is related to the campaign OR has occurred since campaign information has been distributed to the public AND this must have occurred since 30 June 2013. If no to 1.1.1, indicator not met.
Researcher NotesIndicator met – there has been an increase in number of calls to the hotline, and particularly in consultations in a foreign language.
2.1.1There is a reporting mechanism, such as a hotline.1
Reporting mechanism exists whereby modern slavery crimes can be reported (either in isolation or as part of a larger phone service). This includes text messaging, an online form, or phone hotline AND this reporting mechanism must be operational between 1 July 2017 and 15 February 2019. If there are multiple hotlines covering different populations, please rate as indicator met.
Researcher NotesIndicator met – a reporting hotline for female victims of human trafficking funded by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth exists.
2.1.2Reporting mechanism is available for men, women, and children.0
If yes to 2.1.1, this reporting mechanism is available for men, women, and children to report cases of modern slavery OR there are separate hotlines that cover men, women, and children. NOT a single hotline exists where women or children can report, while there is nowhere for men to report exploitation. Please refer to the most relevant reporting mechanism identified in 2.1.1 for indicators 2.1.2 through to 2.1.5. A modern slavery/trafficking hotline would be most relevant, followed by multiple hotlines that cover all sub-populations individually (e.g. for women and/or children). If multiple hotlines exist covering all sub- populations, please rate as indicator met. If some populations are not covered, please rate as indicator not met.
Researcher NotesIndicator not met – a reporting hotline for female victims of human trafficking funded by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth exists but it only covers women.
2.1.3Reporting mechanism is free of charge to access.1
If yes to 2.1.1, this reporting mechanism is free to access. If no to 2.1.1, indicator not met. Please refer to the most relevant reporting mechanism identified in 2.1.1 for indicators 2.1.2 through to 2.1.5. Modern slavery/trafficking hotline would be most relevant, followed by those which cover trafficked sub-populations (e.g. for women and/or children). If multiple hotlines exist covering different populations and all are free of charge, please rate as indicator met. If some of the available and relevant hotlines are not free of charge, please rate as indicator not met.
Researcher NotesIndicator met – the hotline for women is free to access.
2.1.4Reporting mechanism operates 24/7.1
If yes to 2.1.1, this reporting mechanism operates 24/7. If no to 2.1.1, indicator not met. Please refer to the most relevant reporting mechanism identified in 2.1.1 for indicators 2.1.2 through to 2.1.5. Modern slavery/trafficking hotline would be most relevant, followed by those that cover trafficked sub-populations (e.g. for women and/or children). If multiple hotlines exist covering different populations and all are available 24/7, please rate as indicator met. If some hotlines are not available 24/7, please rate as indicator not met.
Researcher NotesIndicator met – the hotline is available 24/7.
2.1.5The reporting mechanism operates in multiple languages or has capacity to provide immediate access to translators.1
If yes to 2.1.1, this reporting mechanism operates in multiple languages, or brings in translators as necessary. If no to 2.1.1, indicator not met. Please refer to the most relevant reporting mechanism identified in 2.1.1 for indicators 2.1.2 through to 2.1.5. Modern slavery/trafficking hotline would be most relevant, followed by those which cover trafficked sub-populations (e.g. for women and/or children). If multiple hotlines exist covering different populations and all are available in multiple languages, please rate as indicator met. If some hotlines are not available in multiple languages, please rate as indicator not met. Multiple languages means national language + at least one other language.
Researcher NotesIndicator met – helpline is available in 17 languages.
2.2.1Training on basic legal frameworks and victim identification has been carried out for front-line “general duties” police.1
Training for front-line police has taken place on basic legal frameworks surrounding modern slavery AND victim identification AND training for police has occurred once since 30 June 2013. Definition of training includes formal in-person training as part of broader curriculum on human rights or other training programs, or as part of an online training program. Training can be provided by INGOs with government support (support defined as permission, development of the training, or monetary or in-kind support). NOT training manuals have been developed by INGOs, NGOs. NOT booklets with indicators of trafficking have been handed out to police. NOT training for immigration, border guards, or labour inspectors.
Researcher NotesIndicator met – training for police is conducted regularly both to federal and state police.
2.2.4NegativeThere is evidence that police officers have not identified victims of modern slavery.0
If yes to 2.2.1, but police officers have not identified any victims of modern slavery between 1 July 2017 and 15 February 2019. If no to 2.2.1, indicator not met. This indicator is specifically asking if police who have received training have identified victims. Mark as “indicator met” where there has been a failure to identify victims post-training for police. If evidence suggests that victims have not been identified, but no training has occurred, please mark as “indicator not met.”
Researcher NotesIndicator not met- police have identified victims however available statistics are for that of 2016.
2.3.1Training on how to identify victims of modern slavery is provided to officials with front-line regulatory bodies likely to be “first responders.”1
Training covers indicators of modern slavery and how to refer individuals AND training is formal face-to-face or online modules AND training is provided to one or more of the following: border guards, immigration officials, labour inspectors AND training has been provided once since 30 June 2013. Training can be provided by INGOs with government support (support defined as permission, development of the training, or monetary or in-kind support). NOT leaflets have been distributed to labour inspectors or posters have been put up in airports on how to identify/report victims.
Researcher NotesIndicator met – training often very much differs from state to state. There has been training for employees of the Federal Ministry of Migration and Refugeees (BAMF)
2.3.2Training on how to identify victims of modern slavery is provided to non-regulatory workers likely to be “first responders.”1
Training covers indicators of modern slavery and how to refer individuals AND training is formal face-to-face or online modules AND training is provided to one or more of the following: for teachers, doctors, nurses, social workers, tourism sector workers (including private tourism operators) AND training has been provided once since 30 June 2013. Training can be provided by INGOs with government support (support defined as permission, development of the training, or monetary or in-kind support). NOT leaflets on how to identify/report victims have been distributed to tour guides or posters put up in doctors surgeries.
Researcher NotesIndicator met- training has been provided to social workers and employees of the various counselling services
2.3.3Training for first responders is delivered systematically and at regular intervals (as distinct from one-off, isolated).0
If yes to 2.3.1 OR 2.3.2, training is delivered at least every two years to at least one of the members of the above groups (labour inspectors, border guards, immigration officials, doctors, nurses, teachers, social workers, tourism sector workers) since 30 June 2013 AND training has been delivered to a significant proportion of these groups. OR yes to 2.3.1 AND 2.3.2 and training is delivered at least every two years to BOTH of these groups. NOT training has been delivered to each of these groups once since 2013. If no to 2.3.1 AND 2.3.2, then indicator not met.
Researcher NotesIndicator not met- training is provided regularly at counselling centres, but this varies state to state
3.1.1Victim support services are available for some suspected victims of modern slavery (men, women, non-binary, and children where relevant).1
Any kind of victim support service is available for men, women, non-binary individuals or children AND services must be government run, or funded by government, or provided with in-kind support from the government AND services must be operational between 1 July 2017 and 15 February 2019. NOT INGOs run a shelter without any government support. (Support defined as permission, development of the training, or monetary or in-kind support.)
Researcher NotesIndicator met – victim support services are available.
3.1.2NegativeSuspected victims are held in shelters against their will and do not have a choice about whether or not to remain in a shelter.0
If yes to 3.1.1, adult victims are unable to leave a shelter or safe house when they wish (or are unable to leave without a chaperone). Children must also be able to leave when they wish but should be accompanied by a chaperone. If evidence that victims (adults and children) are detained against their will or are unable to leave unaccompanied (adults) or with a chaperone (children), this meets the criteria of the indicator. If no to 3.1.1, indicator not met.
Researcher NotesIndicator not met – no evidence found that suggests that victims are held in shelters against their will.
3.1.3Government contributes to the operational costs of the shelters and there are no significant resource gaps.1
If yes to 3.1.1, government provides support to the shelters. Support defined as in-kind or monetary support (not just permission). NOT INGO funds and runs a shelter or safe house. If no to 3.1.1, then indicator not met. If government provides some resources, but there are significant gaps not covered by INGOs or government, then please rate as indicator not met.
Researcher NotesIndicator met – services are partly funded by the German government.
3.1.4Physical and mental health services are provided to victims of modern slavery.1
If yes to 3.1.1, there is evidence of some physical AND mental health support for victims of modern slavery. If no to 3.1.1., then indicator not met. If government provides some physical and mental health support, but there are significant gaps not covered by INGOs or government, then please rate as indicator not met.
Researcher NotesIndicator met- there is evidence of some physical and mental health support for victims of modern slavery
3.1.5NegativeVictim support services are not available for all victims of modern slavery.-1
If yes to 3.1.1 AND there have been identified modern slavery cases of men, women, non-binary individuals, children, or relevant groups such as foreign victims, forced labour victims, victims of commercial sexual exploitation, etc. AND there are NO specific shelters or services for them OR there is evidence that certain groups of victims have been turned away from shelters or services This has also occurred between 1 July 2017 and 15 February 2019. NOT services are not available for a particular group, but no cases within that group were identified. This indicator is measuring gaps in existing services.
Researcher NotesIndicator met – victim support services not enough shelters for male and children victims
3.1.7NegativeNo victims have accessed the services or shelters.0
If yes to 3.1.1, despite availability of services, victims have not accessed them AND this has occurred between 1 July 2017 and 15 February 2019. Examples include cases where facilities exist but victims are not being transferred to these facilities.
Researcher NotesIndicator not met – no evidence found which suggests that victims have not accessed services.
3.2.1Services provide long-term reintegration support.1
If yes to 3.1.1, long- term reintegration is defined as evidence of financial support, provision of housing, job training and/or placement, or receipt of social welfare, or provision of education for victims of modern slavery AND there is evidence that these are available between 1 July 2017 and 15 February 2019. If no to 3.1.1, indicator not met. NOT visas are available for victims – this is covered under M1 3.2.2.
Researcher NotesIndicator met- vocational support is provided to some victims of trafficking.
3.2.2Visas are in place to address the migration situation of victims who want to remain.1
Visas are available so that foreign victims can receive support in the country where they are identified AND these are available between 1 July 2017 and 15 February 2019. Note: not dependent on 3.1.1. These visas include any type of longer- term visas or reflection period.
Researcher NotesIndicator met- reflection periods and visas to remain are available
3.2.3Services are child-friendly.0
If yes to 3.1.1, children have specialised services, separate shelters, or are given some kind of special support (NOT including support in the criminal justice system) AND these are available between 1 July 2017 and 15 February 2019. If no to 3.1.1, indicator not met. NOT children are placed in correctional facilities, boarding schools, or other non-specialised institutions.
Researcher NotesIndicator not met – no sufficient amount of child friendly services are available
3.2.4Victims are assisted to make contact with their family or contact person of choice.1
If yes to 3.1.1, victims are assisted to make contact with families by the government OR there is a family reunification program AND this is operating between 1 July 2017 and 15 February 2019. NOT family reunification program exists but is not currently funded. NOT INGOs operate a family reunification program without government support. If no to 3.1.1, then this indicator not met.
Researcher NotesIndicator met – Programs are in place to identify parents and to obtain residency permits for families in certain situations.
3.3.1Training has been carried out for all staff providing direct victim assistance services.1
If yes to 3.1.1, evidence of any training for those who provide direct victim support services. This training includes how to assist victims of modern slavery and can include do no harm principles, individualised treatment and care, comprehensive care, self-determination and participation, non-discrimination, confidentiality, and right to privacy OR direct assistance is provided by fully qualified social workers, psychologists, or doctors AND this has occurred since 30 June 2013. Training can be provided by INGOs with government support (support defined as permission, development of the training, or monetary or in-kind support). NOT training is provided by unskilled volunteers. If no to 3.1.1, not met this indicator. NOT general modern slavery training is provided to social workers. Direct victim assistance services means those services provided to workers who have regular contact with victims post-identification. It can include shelter workers, case managers, doctors, and psychologists.
Researcher NotesIndicator met- training has been provided for those who assist victims of modern slavery.
3.3.2Direct victim assistance services have been evaluated.1
If yes to 3.1.1, evidence of formal reporting or evaluation of direct victim support services has been undertaken AND this has occurred at least once since 30 June 2013. Evaluation (internal or external) is defined as an assessment of the current services against the service objectives and incorporating client feedback. NOT a description of the program or services provided. NOT ad hoc inspections without a clear sense of follow-up activities. NOT evaluations of the National Action Plan – this is covered under Milestone 3, 2.1.1.
Researcher NotesIndicator met – an evaluation of victim assistance systems is being conducted with an evaluation report expected in 2020
4.1.1The government has clear national guidelines on identifying and screening victims for all first responders.0
National general guidelines exist for identification AND screening of victims AND have been distributed to all first responders AND this has occurred since 30 June 2013. First responders are defined as: immigration, border patrol, labour inspectors, NGOs, teachers, social workers, doctors, nurses, and the tourism industry. General guidelines should exist at the national level for all responders, NOT police have their own guidelines.
Researcher NotesIndicator not met – Both the identification and the provision of protection and support for victims are performed on a Federal State, rather than a national level. Evidence that the Federal Agency for Migration and Refugees has standard operating procedures, but no national guidelines for screening for modern slavery victims.
4.1.2The guidelines make provision for a category of “presumed victims” who can be provided with services until a formal determination is made.0
If yes to 4.1.1, guidelines include provisions so victims who have not yet been assessed to be victims of modern slavery can still receive services. If no to 4.1.1, indicator not met. Examples include “presumed” categories within guidelines or “informal” assistance given to victims while determination is made.
Researcher NotesIndicator not met – Germany does not have clear national guidelines for screening and identifying victims of modern slavery
4.1.3The guidelines clearly set out which organisations have the authority to identify victims of modern slavery.0
If yes to 4.1.1, guidelines outline which organisations can or cannot formally identify victims of modern slavery. If no to 4.1.1, indicator not met. Examples include a list of approved agencies and NGOs that can identify and certify victims of modern slavery.
Researcher NotesIndicator not met – No national guidelines for identification exist as it is relegated to the federal states instead.
4.2.1A “National Referral Mechanism” brings together government and civil society to ensure victims are being referred to services.0
There is a National Referral Mechanism for victims of modern slavery AND it includes government and non-governmental organisations AND it operated during the period between 1 July 2017 and 15 February 2019 A National Referral Mechanism is a group of approved NGOs and government agencies that refer victims to services. NOT evidence that victims have been referred without a national system in place.
Researcher NotesIndicator not met – No formal referral mechanism exists. Organisations such as BAMF and the BMFSJ funded Violence Against Women Support Hotline play a significant role in providing referrals
4.2.2There is evidence that victims are being referred to services using the National Referral Mechanism.0
There is evidence that victims are referred through the National Referral Mechanism AND this has happened at least once between 1 July 2017 and 15 February 2019.
Researcher NotesIndicator not met – there is no formal national action plan or formal referral mechanism.
Milestone 2Criminal justice mechanisms function effectively to prevent modern slavery
IndicatorRating
1.1.1Slavery Convention, 1926.1
Ratification or succession (denoted by a (d) in brackets) or accession (denoted by an (a) in brackets) of the 1926 Slavery Convention as of 15 February 2019. NOT signed the 1926 Slavery Convention WITHOUT accession, succession, or ratification.
Researcher NotesIndicator met- the Slavery Convention, 1926 was signed on 29 May 1973
1.1.2Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956.1
Ratification, or succession (d) or accession (a) of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956 as of 15 February 2019. NOT signed the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956 WITHOUT accession, succession, or ratification.
Researcher NotesIndicator met – ratified 14 Jan 1959
1.1.3Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000.1
Ratification, acceptance (A), accession (a), or succession (d) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2000 as of 15 February 2019. NOT signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 2000, WITHOUT ratification, acceptance, accession, or succession.
Researcher NotesIndicator met – Ratified on 14 Jun 2006
1.1.4ILO Abolition of Forced Labour Convention, 1957 (No. 105).1
Status must be “In Force” for the Abolition of Forced Labour Convention, 1957 (No. 105) AND “In Force” as of 15 February 2019. NOT “In Force” for the ILO Forced Labour Convention, 1930 (No. 29).
Researcher NotesIndicator met- The C105- Abolition of Forced Labour Convention, 1957 is in force as of 22 June 1959
1.1.5ILO Domestic Workers Convention, 2011 (No. 189).1
Status must be “In Force” for the Domestic Workers Convention, No, 189 AND “In Force” as of 15 February 2019.
Researcher NotesIndicator met- The Domestic Workers Convention, 2011 is in force as of 20 Sep 2013
1.1.6ILO Worst Forms of Child Labour Convention, 1999 (No. 182).1
Status must be “In Force” for the ILO Worst Forms of Child Labour Convention, 1999, (No. 182) AND “In Force” as of 15 February 2019
Researcher NotesIndicator met – Ratified on 18 Apr 2002
1.1.7Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000.1
Ratification, succession (d), or accession (a) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000 as of 15 February 2019 NOT signed the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000 WITHOUT accession, ratification, or succession
Researcher NotesIndicator met – Ratified on 13 Dec 2004
1.1.8Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000.1
Ratification, succession (d), or accession (a) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography 2000 as of 15 February 2019. NOT signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000 WITHOUT accession, ratification, or succession
Researcher NotesIndicator met – ratified 15 Jul 2009
1.1.9International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990.0
Ratification, succession (d) or accession (a) of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990 as of 15 February 2019. NOT signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000 WITHOUT accession, ratification, or succession.
Researcher NotesIndicator not met – Not Ratified
1.1.10P029 – Protocol of 2014 to the Forced Labour Convention, 1930.0
Status must be “In Force” for the Protocol of 2014 to the Forced Labour Convention, 1930 AND “In Force” as of 15 February 2019.
Researcher NotesIndicator not met- The Protocol of 2014 to the Forced Labour Convention, 1930 is not in force
1.2.1Human trafficking is criminalised.1
Human trafficking is listed as a standalone article in the penal code or criminal code OR human trafficking is criminalised under a distinct piece of legislation AND within either the penal code or distinct legislation human trafficking does not require movement of individuals across international borders AND the legislation covers men, women, and children. This is current as of 15 February 2019. Movement may include cross-border/transnational movement or internal movement such as movement from a rural to urban location. Definition of trafficking includes action, means, and purpose. Trafficking in persons shall require action (e.g. recruitment, transportation, transfer, or harbouring), means (e.g. by means of the threat or use of force or other forms of coercion, of abduction, of fraud), and purpose (eg. exploitation). For children, trafficking shall not require the means component and this is reflected in legislation.
Researcher NotesIndicator met – human trafficking is criminalised under Section 232 of the German Criminal Code. Legislative changes in 2016 have resulted in a new definition which now includes action, means and purpose.
1.2.2Slavery is criminalised.0
Slavery is criminalised as a distinct crime. The offence of slavery must include a situation in which the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. Slavery may be listed as a standalone crime in the penal or criminal code or in trafficking-specific legislation or in another act. NOT slavery is prohibited in the Constitution. This is current as of 15 February 2019.
Researcher NotesIndicator not met – Slavery is only criminalised when an individual takes advantage of their predicament or vulnerable residence status in a foreign country under section 232 of the Criminal Code but not as a distinct crime.
1.2.3Forced labour is criminalised.1
Forced labour is criminalised as a distinct crime. Forced or compulsory labour means all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself or herself voluntarily. Does not include compulsory military service, work which forms part of the normal civic obligations of the citizen, or work performed in cases of emergency (such as war, fire, famine, or flood). The offence of forced labour must include (1) work performed under the menace of any penalty AND (2) work for which the said person has not offered himself voluntarily. These two components must be present in order for the indicator to have been met. Forced labour may be listed as a standalone crime in the penal or criminal code or in trafficking-specific legislation or in another act. This is current as of 15 February 2019.
Researcher NotesIndicator met – Section 233 of the Criminal Code criminalizes the act of forced labor (penalty of 1-10 years)
1.2.4Use of children in armed conflict is criminalised.0
Criminal code or standalone legislation specifically criminalises use of children in armed conflict. NOT where the age of recruitment is 18 but there is no criminalisation of the use of children in armed forces. Must cover use of children in state (national army) and non-state armed groups. This is current as of 15 February 2019.
Researcher NotesIndicator not met – No evidence of criminalizing the use of children in armed conflict in the criminal code beyond the signing and ratification of the UN protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
1.2.5Child prostitution is criminalised.0
The penal or criminal code or trafficking legislation includes provisions that it is an offence: to sell/force a child into prostitution AND to purchase sexual acts with a child. NOT met when selling a child is criminalised AND child sex abuse is criminalised (second component must criminalise purchase of sex with a child). This is current as of 15 February 2019.
Researcher NotesIndicator not met – Offenders encouraging or inducing a person under the age of 18 into prostitution face imprisonment of up to 5 years under Article 180 of the Criminal Code. No further information found regarding purchase of sex with a child
1.2.6Forced marriage is criminalised.1
Forced marriage is criminalised as a distinct crime, in the penal or criminal code, trafficking-specific legislation, or other act NOT the legal age of marriage is set at 18. If kidnapping is required to be present for the crime of forced marriage to occur, this is indicator not met. This is current as of 15 February 2019.
Researcher NotesIndicator met – forced marriage is distinctly criminalized under Section 237 of the Criminal Code.
1.2.7NegativeCriminal laws have disproportionate penalties.0
Penalties as laid out in legislation are cruel or inhumane OR are not sufficient enough to deter future offenders. This does NOT refer to judicial sentences, rather to the punishments outlined in legislation. Cruel and inhumane punishments include torture, deliberately degrading punishment, or punishment that is too severe – capital punishment, whipping, or other forms of physical violence. Insufficient punishments would include fines for modern slavery related crimes. This is current as of 15 February 2019.
Researcher NotesIndicator not met – although not all forms of modern slavery are criminalized, those which attract penalties in the Criminal Code are neither lenient nor inhumane. There are issues concerning the wording of Section 233 of the Criminal Code resulting in prosecutors charging traffickers with easier to prove offenses.
1.4.1National laws allow victims to participate in the legal system regardless of their role as a witness.1
National laws allow victims to participate in the legal system regardless of their role as a witness. This includes: allowing victims to give evidence (without being called as a witness) OR providing information on the court processes in languages victims understand OR allowing victims to inspect and add documents to the file OR the admission of victim impact statements. NOT there is evidence or a general statement that victims participate in the criminal justice process as witnesses. Relevant national laws include criminal procedure code or criminal law (sentencing) acts. This is current as of 15 February 2019.
Researcher NotesIndicator met- victims are informed of their rights in a language they understand according to legislation, although this appears to be implemented in an ad hoc manner.
1.4.2Law recognizes that victims should not be treated as criminals for conduct that occurred while under control of criminals.1
National laws recognise victims are not criminals for conduct during enslavement AND this must refer to modern slavery crimes, not general provisions in legislation. Modern slavery crimes are defined as human trafficking, forced labour, slavery, forced marriage, and children in armed conflict. NOT there is no evidence that victims have been criminalised. This is current as of 15 February 2019.
Researcher NotesIndicator met – Unless the offense is serious, public prosecution office may dispense with the offense in the case of coerced or extorted suspects
1.4.3Visas to stay in the country are not dependent on victim participation in the court process.0
Visas to remain are not tied to a victim’s participation in the court process. For example, visas are awarded to trafficking victims on the basis of humanitarian or personal reasons, not because they have agreed to participate in the court process. This is current as of 15 February 2019.
Researcher NotesIndicator not met – visas are tied to participation in the court process.
1.4.5NegativeThere is evidence that victims of modern slavery have been treated as criminals for conduct that occurred while under control of criminals.0
Victims have been arrested for crimes committed while under the control of the person exploiting them AND this has occurred between 1 July 2017 and 15 February 2019. NOT foreign nationals have been deported OR detained for immigration offences (no visa, overstaying visa, etc.) – this is covered under Milestone 3, 3.2.2. Examples would be victims who have been arrested on prostitution charges or arrested for drug production. If victims are arrested and released as soon as it is realised that they are victims, please rate as indicator not met.
Researcher NotesIndicator not met – no evidence of criminalisation of victims
2.1.1Free legal services for victims of modern slavery are made explicit in legislation.1
Any type of free legal services or advice exists in legislation, including free legal advice and free legal representation AND these are either specific to victims of modern slavery OR victims of modern slavery can access broader legal advice, which is available for all victims of crime. NOT legal services are available, but not free. NOT free legal services are available only for citizens, not foreign victims. NOT free legal services are available for certain types of crime (such as violent crime) and modern slavery is not specified. NOT free legal services are offered by NGOs, but not made explicit in legislation. If free legal services exist in legislation AND there is no evidence they are not being used, please rate as indicator met. If free legal services exist in practice, but there is no evidence of their existence in legislation, please rate as indicator met. If free legal services are NOT in legislation and no evidence of these being used, please rate as indicator not met. This is current as of 15 February 2019. If free legal services exist in legislation and there is evidence they are not used or are poorly implemented, please rate as indicator not met.
Researcher NotesIndicator met – free legal services are provided by partly government-funded NGOs, free of charge.
2.1.3Witness and victim protection mechanisms are explicit in legislation to ensure that neither witnesses nor victims are intimidated nor interfered with INSIDE the court.1
Government operated or supported witness and victim protection mechanisms exist in legislation so that victims are not intimidated or interfered with INSIDE the court. Government operated or supported is defined as government run or funded by government or provided with in-kind support from the government. NOT applicable outside the courtroom (see Milestone 2, indicator 2.1.4). Victim protection mechanisms inside the courtroom refers to provision of video testimony, victims are not cross-examined, and victims are protected from perpetrators. If witness protection mechanisms exist in legislation AND there is no evidence they are not being used, please rate as indicator met. If witness protection mechanisms exist in practice, but there is no evidence of their existence in legislation, please rate as indicator met. If witness protection mechanisms are NOT in legislation and there is no evidence of these being used, please rate as indicator not met. This is current as of 15 February 2019. If witness protection mechanisms exist in legislation and there is evidence they are not used or are poorly implemented, please rate as indicator not met.
Researcher NotesIndicator met- audio-visual equipment can be used in the court to protect witnesses
2.1.4Witness and victim protection mechanisms are explicit in legislation to ensure that neither witnesses nor victims are intimidated nor interfered with OUTSIDE the court.1
Government operated or supported witness and victim protection mechanisms exist in legislation so that victims are not intimidated or interfered with OUTSIDE the court. Government operated or supported is defined as government run or funded by government or provided with in-kind support from the government. NOT applicable inside the court room (see Milestone 2, indicator 2.1.3.). Witness and victim protection mechanisms include an official witness protection program where individuals are provided with security, new identities, and relocation support, or protection whereby the victim’s identity is not revealed to the public. If witness protection mechanisms exist in legislation AND there is no evidence they are not being used, please rate as indicator met. If witness protection mechanisms exist in practice but there is no evidence of their existence in legislation, please rate as indicator met. If witness protection mechanisms are NOT in legislation and no evidence of these being used, please rate as indicator not met. This is current as of 15 February 2019. If witness protection mechanisms exist in legislation and there is evidence, they are not used or are poorly implemented, please rate as indicator not met.
Researcher NotesIndicator met – witness protection schemes outside court exist
2.1.5The legal framework supports compensation or restitution for victims of modern slavery from perpetrators.1
The legal framework allows victims of modern slavery to receive compensation for damages incurred as a result of exploitation OR the legal framework allows victims of modern slavery to receive restitution for damages incurred as a result of exploitation. Compensation is when a court orders the defendant (perpetrator) to pay the claimant (victim) for his/her loss. Restitution is when a court orders the defendant (perpetrator) to give up his/her gains to the claimant (victim). When the compensation and/or restitution is available only for victims of violent crimes, please mark as indicator not met, as this may exclude some victims of modern slavery who are not subject to violent crimes. If compensation and/or restitution exists in legislation AND there is no evidence they are not being used, please rate as indicator met. If compensation and/or restitution exists in practice, but there is no evidence of their existence in legislation, please rate as indicator met. If compensation and/or restitution is NOT in legislation and no evidence of these being used, please rate as indicator not met. This is current as of 15 February 2019. If compensation and/or restitution exists in legislation and there is evidence they are not used or are poorly implemented, please rate as indicator not met.
Researcher NotesIndicator met – national law allows victims to claim compensation irrespective of residency status, legal work contract or insurance status.
2.1.6Child-friendly services are provided for in legislation.1
Legislation specifies that children require special services during the court case and NOT there is any evidence of child- friendly services being used in court. Child-friendly services include the use of screens or video testimonies, training of judges in child- friendly questioning, and the use of one support person or guardian during the court process. If child-friendly services exist in legislation AND there is no evidence they are not being used, please rate as indicator met. If child-friendly services exist in practice but there is no evidence of their existence in legislation, please rate as indicator met. If child-friendly services are NOT in legislation and there is no evidence of these being used, please rate as indicator not met. This is current as of 15 February 2019. If child-friendly services exist in legislation and there is evidence they are not used or are poorly implemented, please rate as indicator not met.
Researcher NotesIndicator met – child friendly services are provided in criminal proceedings.
3.1.1Specialised law enforcement units exist.1
Has to be a specialised law enforcement unit or a sub-unit or team within the law enforcement structure that has specialised mandate to conduct investigations into modern slavery, OR provide specialist support for colleagues AND this unit is operating since 30 June 2013. NOT local level anti-trafficking coordination bodies.
Researcher NotesIndicator met – specialised law enforcement units do not exist on a federal basis. It is the responsibility of the police forces of the sixteen federal states, most of which (but not all) have specialised units.
3.2.1Training is provided to the judiciary.1
Training for the judiciary has taken place on human trafficking and related legislation, victim needs in the court room, basic international legal standards in modern slavery cases, trends in modern slavery in the country, and victim profiles AND training for judiciary has occurred once since 30 June 2013. Definition of training includes formal in-person training or an online training program as part of broader curriculum on human rights or other training programs. Training can be provided by INGOs with government support (support defined as permission, development of the training, or monetary or in-kind support). NOT training manuals have been developed by INGOs, NGOs. NOT booklets with description of modern slavery laws have been handed out to judiciary.
Researcher NotesIndicator met – training for the judiciary is provided.
3.2.2Training is provided to prosecutors.1
Training for prosecutors has taken place on human trafficking and related legislation, victim needs in the court room, basic international legal standards in modern slavery cases, trends in modern slavery in the country, and victim profiles AND training for prosecutors has occurred once since 30 June 2013. Definition of training includes formal in-person training or an online training program as part of broader curriculum on human rights or other training programs. Training can be provided by INGOs with government support (support defined as permission, development of the training, or monetary or in-kind support). NOT training manuals have been developed by INGOs, NGOs. NOT booklets with description of modern slavery laws have been handed out to prosecutors.
Researcher NotesIndicator met – training for prosecutors is provided.
3.2.4Training is systematic and recurrent (as distinct from one-off, isolated).0
If yes to 3.2.1, 3.2.2, OR 3.2.3, training is has occurred at least once to at least one of the above groups (judiciary or prosecutors) since 30 June 2013 AND training has been delivered to a significant proportion of one or both of these groups OR yes to 3.2.1, 3.2.2, OR 3.2.3 and training has been delivered at least once to BOTH groups (judiciary and prosecutors) since 30 June 2013. NOT training has been delivered to each of these groups once since 2013. If no to 3.2.1, AND 3.2.2, then indicator not met.
Researcher NotesIndicator not met- evidence that training occurs, but unclear if it is systematic outside of the German Judicial Academy
3.2.5NegativeJudicial punishments are NOT proportionate to severity of the crime and culpability of the offender.-1
Judicial punishments are either too lenient or too harsh for offenders AND this has occurred during the period 1 July 2017 to 15 February 2019. Examples of too lenient include giving of fines, suspended sentences, and sentences that are less than the prescribed minimum. Examples of too harsh are corporal punishment and capital punishment.
Researcher NotesIndicator met – evidence that judges have prosecuted offenders for offences that were easier to prove than trafficking, resulting in weaker and a high number of suspended sentences with very few exceptions such as Artemis brothel case.
Milestone 3Coordination occurs at the national level and across borders, and governments are held to account for their response
IndicatorRating
1.1.1National coordination body exists involving both government and NGOs.0
National coordination body on modern slavery (trafficking, slavery, forced labour, children in armed conflict) exists that includes both NGOs and government representatives AND this group met at least once between 1 July 2017 and 15 February 2019. This body coordinates the whole of the government response to modern slavery. NOT a National Action Plan. NOT a group or body that refers victims – this is covered under Milestone 1, 4.2.1.
Researcher NotesIndicator not met – there are Federal Working Group on Trafficking in Human Beings and a Federal Working Group against labour trafficking but these do not perform coordinating activities
1.2.1A National Action Plan exists with clear indicators and allocation of responsibilities.0
Any National Action Plan (NAP) on modern slavery, or that covers any component of modern slavery, such as trafficking, forced marriage, forced marriage, children in armed conflict AND this NAP covers part or all of the period 1 July 2017 and 15 February 2019. NOT child labour NAPs, or broader human rights NAPs, women empowerment NAPs, unless they include a specific modern slavery section. NOT regional action plans, such as the Regional Action Plan to End Child Marriage in South Asia (developed with SAARC countries).
Researcher NotesIndicator not met – elements of other national action plans (NAP) cover human aspects of human trafficking, but there is no national NAP. Germany's response is devolved to the Lander (state level)
1.3.2Government routinely releases reports on its actions to combat modern slavery and uses the National Action Plan as a framework for reporting its actions.0
If yes to 1.2.1, the government releases annual reports against the National Action Plan, including process reviews of major anti-slavery initiatives, budgets/expenditures, and implementation plans for the following year/s. If no to 1.2.1, then this indicator cannot be met. These reports have been released at least once since June 2013.
Researcher NotesIndicator not met – no national action plan exists.
1.3.5Activities in the National Action Plan are fully funded.0
If yes to 1.2.1, there is evidence that there is a budget attached to the NAP and this is fully funded. Indicator still met if the NAP is part funded by government and part funded by IOs or NGOs, but that all activities are funded. NOT the activities are costed, but it is unclear where this money is coming from OR there are reports of significant gaps in funding that are not plugged by IOs, NGOs or other agencies. If no to 1.2.1, then this indicator cannot be met.
Researcher NotesIndicator not met – no national action plan exists.
2.1.1Independent entity to monitor the implementation and effectiveness of National Action Plan exists.0
An independent entity is established to monitor the activities of the government in relation to its anti-modern slavery efforts. This body can be outside the NAP and does not have to focus solely on modern slavery. Independent entity can be an independent statutory body or individual or other third party that DOES NOT implement the government response to modern slavery. Examples would include a Human Rights Commission or National Rapporteur. NOT regional entities that inspect government responses, such as Group of Experts on Action against Trafficking in Human Beings (GRETA) in Europe. Entity must exist as of 15 February 2019.
Researcher NotesIndicator not met – Germany has not established a National Rapporteur as required under EU Directive 2011/36/EU.
3.1.1The government is involved in a regional response.1
The government is part of a regional response. A relevant regional body includes: – A body with more than two country representatives as members of the group, and – A focus on some form of modern slavery. The government must have signed onto, or have agreed to abide by, the shared values and objectives developed by the group (i.e. a code of conduct or an MoU on proposed outcomes) Regional body must exist as of 15 February 2019.
Researcher NotesIndicator met- CBSS, CoE, EC and OSCE have taken some steps to combat modern slavery since 1st July 2017.
3.1.3Agreements exist between the government and countries of origin and/or destination to collaborate on modern slavery issues.1
Agreements exist between governments of countries of origin and/or destination on modern slavery issues to collaborate on modern slavery issues. NOT labour migration agreements (covered under M3 3.2.6). NOT evidence of repatriation (covered under M3 3.2.1). These agreements must be current as of 15 February 2019
Researcher NotesIndicator met- Germany has signed bilateral agreements on organised crime including with Ukraine, Canada, US and India
3.2.1The government cooperates with the government of the home country to facilitate repatriation.1
The government cooperates with home country for voluntary repatriation of foreign nationals. This could include repatriation mediated by IOM (MUST have evidence that police or government authorities refer victims to IOM) AND this has occurred since 30 June 2013. NOT evidence of deportation. Repatriation refers to the voluntary return of individuals to their home country with their consent. Deportation refers to the removal of individuals from a country without their consent.
Researcher NotesIndicator met – the German government facilitates voluntary return through the humanitarian REAG/GARP support programme, with IOM assistance. Since February 2017, the 'Starthilfe Plus" program entitles asylum seekers to additional financial support if they decide to return voluntarily during the asylum process or at the latest within the period set for their departure.
3.2.4NegativeForeign victims are detained and/or deported for immigration violations.0
Foreign victims are detained in detention facilities or deported for immigration violations. Can include instances where victims are detained for a breach of visa conditions OR instances where foreign victims are deported to countries of origin without access to assistance. This occurred between 1 July 2017 and 15 February 2019. Note: if victims are arrested for crimes committed while enslaved, please refer to Milestone 2, 1.4.2.
Researcher NotesIndicator not met – despite increased deportations of asylum seekers since 2016 by the German authorities, there is no specific evidence that victims of human trafficking have been deported for immigration violations.
3.2.6Agreements exist between countries on labour migration, which provide protection for labour migrants.1
These agreements provide protection for labour migrants, NOT agreements regarding number of labour migrants sent/received. For countries that are part of the EU, membership is not sufficient to offer protection. Instead, please see whether national legislation has been harmonised with EU requirements under EU law. See Group of Experts on Action against Trafficking in Human Beings (GRETA) reports for countries in Europe. These agreements must be current as of 15 February 2019.
Researcher NotesIndicator met- Article 153 of the 2008 Treaty on the Functioning of the European Union provides protections for all EU labour migrants. Bilateral agreements exist between Albania and Germany, Germany and Russian Federation, Germany and Philippines, and Germany and Turkey, but do not include provisions for protection of labour migrants.
Milestone 4Risk factors, such as attitudes, social systems, and institutions that enable modern slavery are addressed
IndicatorRating
1.1.1Government facilitates or funds non-prevalence research on modern slavery.1
Government funds or has been actively involved in research on any type of modern slavery, including responses to modern slavery, and the attitudes, social systems and institutions that place people at risk of modern slavery AND this has occurred at least once since 30 June 2013. Active involvement is defined as development of the research, participation in the research, or monetary or in-kind support. Modern slavery includes trafficking, forced labour, slavery, worst forms of child labour, forced marriage, and use of child soldiers. NOT civil society conducts research without government involvement. NOT government conducts research on child labour. NOT government conducts prevalence research.
Researcher NotesIndicator met – the German government actively funds research on modern slavery.
1.1.2Government facilitates or funds research on prevalence or estimation studies of modern slavery.0
The government funds or has been actively involved in prevalence or estimation studies of modern slavery AND this has occurred at least once since 30 June 2013. Active involvement is defined as development of the research, participation in the research, or monetary or in-kind support. Modern slavery includes trafficking, forced labour, slavery, worst forms of child labour, forced marriage, and use of child soldiers. The research must provide estimations of the number of people in modern slavery. NOT civil society conducts research without government involvement.
Researcher NotesIndicator not met – although the German Federal Criminal Police Office annually publishes numbers of victims identified in Germany and traffickers investigated by the German police, these figures are not estimates of the number of people in modern slavery.
1.1.3Government interventions that aim to address modern slavery are evidence-based.0
There is evidence that government interventions or programs are based on strategies or theories of change identified by research AND this has occurred since 30 June 2013. Evidence can include a broader government strategy that incorporates modern slavery research, the National Action Plan incorporates modern slavery research or that the National Action Plan or strategy is reviewed in line with recent modern slavery research.
Researcher NotesIndicator not met – no evidence that government interventions are evidence based.
1.2.1Awareness campaigns target specific known risks of modern slavery.1
Any awareness campaign implemented by the government that provides detailed information on how to avoid the risks of modern slavery AND has run at least once since 30 June 2013. Campaign can be implemented by the government with a partner NGO OR funded by the government and implemented by an NGO. These campaigns can include domestic violence, forced marriage, child marriage, the worst forms of child labour, child soldiers, and risky migration practices. NOT an awareness-raising, counter-trafficking campaign run by an international organisation. NOT promotion of the hotline – this is covered under Milestone 1, 1.1.1.
Researcher NotesIndicator met – the German government seems to support and conduct some awareness raising campaigns
1.3.2The government conducts labour inspections in the informal and formal sectors and acts to address exploitative practice.0
The government conducts labour inspections in order to address exploitative practice. Government funding is defined as monetary or in-kind support. Informal sector includes workers in unregulated industries such as sex work, brick kilns, agriculture, fishing, and domestic work AND these inspections have occurred since 30 June 2013. NOT private companies conduct their own inspections. NOT labour inspectors are trained to identify modern slavery – this is covered under Milestone 1, 2.3.1.
Researcher NotesIndicator not met – Germany does not conduct any labour inspections.
1.3.3All are able to access to health care.0
All are able to access affordable health care within in a given country. Affordable health care includes the presence of state health care schemes, community health schemes, or financial assistance focused on providing access to health care for vulnerable groups. Health care is available for all and does not discriminate based on gender, ethnicity, religious background, or geographic region. NOT health care is available for victims of modern slavery – this is covered under Milestone 1, 3.1.4. For example, if health care is too costly, thereby excluding certain groups, or health care is too centralised, thereby excluding certain geographical regions, please rate as indicator not met. This health care system is available as of 15 February 2019.

Specific rating rules: 1) https://www.who.int/country-cooperation/what-who-does/strategies-and-briefs/en/ 2) https://www.ilo.org/wcmsp5/groups/public/—dgreports/—dcomm/—publ/documents/publication/wcms_604882.pdf Using these two sources, if there is no evidence of exclusion of certain groups (WHO country cooperation) and at least 90 percent of the population can access health care (ILO) then this indicator is met.

Researcher NotesIndicator not met- Universal Health Care Service Coverage Index (SDG 3.8.1) score is less than 80 at 79
1.3.4All children are able to access public primary education regardless of ethno-cultural or religious background.1
Public primary education system exists and children are able to access public primary education. All children are able to access education, regardless of gender, ethnicity, religious background, or geographic region. For example, if primary education is too costly, thereby excluding attendance by certain groups of children, or education is not available to certain groups (such as Roma), please rate as indicator not met. This primary education system is available as of 15 February 2019.

Specific rating rules: 1) https://data.unicef.org/topic/education/primary-education/ 2) https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings Using these two sources, if there is evidence that free public education exists and that less than 10 percent of the population are out of school, then this indicator is met.

Researcher NotesIndicator met- out of school rates for children of primary school age is less than 10% at 0.22% in 2016
1.4.1National laws criminalise corruption in the public sector.1
Public corruption is criminalised in legislation. Public sector includes government officials, including police, immigration, and border guards. Corruption includes, at a minimum, bribery of officials. Please refer to legislation, not to instances of combating corruption. This is current as of 15 February 2019.
Researcher NotesIndicator met-corruption is criminalised by Sections 334 and 331 of the Criminal Code / Strafgesetzbuch (StGB).
1.4.3NegativeReports of individual officials’ complicity in modern slavery cases have not been investigated.0
Any reports of individual officials’ complicity or corruption in modern slavery cases between 1 July 2017 and 15 February 2019. Individual officials include: government officials, police, immigration officials, border guards, and labour inspectors. Excludes consular staff (covered by Milestone 4, indicator 1.7.5). MUST be related to modern slavery crimes (trafficking, forced labour, slavery, forced marriage, use of child soldiers, and worst forms of child labour). NOT evidence of general corruption of law enforcement. MUST refer to more than one report of complicity within the reporting period AND no steps have been taken to investigate these reports.[1 ]
Researcher NotesIndicator not met – there are no reports of official's complicity in modern slavery cases
1.5.1All are able to access birth registration (rates).1
All are able to access the government run or supported birth registration system. Can include systems that are implemented or funded by INGOs, but with government support. Government support is defined as development of the birth registration system, participation in the system, or monetary or in-kind support. Covering the entire population refers to the percentage of people who are registered. Indicator is not met if less than 95 percent of the population is registered, OR specific groups are missing. See UNICEF statistics and supplement with additional research on missing vulnerable populations. Vulnerable populations can include ethnic, cultural, or religious groups whose members do not have equal access to birth registration.

Specific rating rules: https://data.unicef.org/topic/child-protection/birth-registration/ Using UNICEF data, rate as indicator met if over 95 percent of the population has their birth registered.

Researcher NotesIndicator met- 100% of the population have had their births registered
1.5.2Systems are in place to allow asylum seekers to seek protection.1
There are policies and procedures in place that enable asylum seekers to access basic support and protection within a country’s borders. Services may be provided by IOs/NGOs with government support. Government support is defined as development of the asylum seeker system, participation in the system, or monetary or in-kind support. NOT asylum seekers are detained without access to services. NOT asylum seekers are deported without their claims being assessed. NOT asylum seekers claims are assessed outside of the country where they sought asylum. This system is available as of 15 February 2019.

Specific rating rules: Data collected from: 1) https://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper 2) https://www.amnesty.org/en/countries/ 3) https://freedomhouse.org/report/freedom-world/freedom-world-2018 4) https://www.hrw.org/world-report/2018 The key elements that help us to decide if an indicator has or hasn’t been met are: 1) There are legal protections available – so legislation or laws or systems exist where asylum seekers and refugees are able to seek protection. 2) That in practice, asylum seekers or refugees are NOT criminalised, discriminated against by the government, or deported, or detained.

Researcher NotesIndicator met- asylum seekers and refugees are protected by legislation in Germany and the majority of asylum seekers and refugees are able to access protection in practice. The right to family reunification for beneficiaries of subsidiary protection remained suspended and anti- refugee rhetoric increased
1.6.3Laws or policies state that private recruitment fees are paid by the employer, not the employee.1
Government legislation or policies state that recruitment fees payable to recruitment agencies are not charged to the employee (i.e. are paid by the employer, not employee). Please check Labour Code or Employment Act for this information This is available as of 15 February 2019.
Researcher NotesIndicator met – Employees can use a voucher provided by the Agentur für Arbeit to cover fees of accredited recruitment agencies.
1.6.5Labour laws extend to everyone, including migrant workers, domestic workers, and those in the fishing and construction sectors.0
The legal definition of an employee includes all vulnerable workers, such as domestic workers, migrant workers, construction workers, maritime workers, etc. If the jurisdiction does not have a generic definition of an employee or a labour code, the information can come from NGOs, related legislation, or reports. NOT domestic workers are not explicitly mentioned in legislation. NOT labour protections do not cover fishermen in territorial waters. This indicator does not extend to army, judiciary and civil service – if these are NOT included, and all other groups are included, this is still indicator met. This is available as of 15 February 2019.
Researcher NotesIndicator not met – labour laws apply to all tax paying workers. Those paid cash-in hand are not covered. Similarly, refugees require a 6 month wait before being allowed to work in formal employment
1.6.7NegativePatterns of abuse of labour migrants are institutionalised, or systematic and unchecked.0
Abuse of migrant workers is institutionalised, or systematic and not addressed. Institutionalised means that these practices are part of government policy, or that these patterns of abuse are systematic and the government is taking little if any action to address this. Patterns of abuse includes multiple instances of the following: high recruitment fees, or high interest rates on fees making it impossible to pay them back, or withheld passports, is a common occurrence by the majority of employers, or most workers have restrictions placed on their movement by their employers AND this occurred between 1 July 2017 and 15 February 2019. NOT instances of these abuses are reported, but the government is taking action against these.
Researcher NotesIndicator not met – no evidence of abuse of labour migrants found. Generally, Germany has clear procedures and systems set up for labour migrants coming to Germany to work.
1.6.9NegativeThere are laws or policies that prevent or make it difficult for workers to leave abusive employers without risk of loss of visa and deportation and/or security deposits.-1
Any current specific government policy or law that leads to loss of visa or deportation of migrant workers (or specific groups of migrant workers, such as domestic workers) for leaving abusive employers AND defined as operating between 1 July 2017 and 15 February 2019. NOT there is evidence of victims being deported for breach of visa conditions, but this does not occur as a direct result of government policy – this is covered under Milestone 3, indicator 3.2.4.
Researcher NotesIndicator met – foreign domestic workers working for diplomats who leave their jobs automatically lose their residence permits, regardless of whether they have been forced to leave their employer due to violence or abuse. A further distinctive feature is the legal status of their employer. Due to their diplomatic immunity, diplomats are exempt from the legal jurisdiction of the German state.
1.7.1Government provides training on modern slavery for its consular staff.0
Government provides training for its embassy or consular staff before departure for a posting or during a posting AND this has occurred once since 30 June 2013. Definition of training includes formal in-person training or an online training program as part of broader curriculum on human rights or other training programs. Training can be provided by INGOs with government support (support defined as permission, development of the training, or monetary or in-kind support). NOT training manuals have been developed by INGOs, NGOs. NOT booklets with indicators of trafficking have been handed out to embassy staff.
Researcher NotesIndicator not met – consular staff has not recently received training.
1.7.2Government provides identification documents and support travel arrangements for citizen return.1
Any citizen found to be exploited overseas can obtain documents from their own country or be facilitated with travel back to their country by their own government. These documents are normally given by a citizen’s embassies or consulates AND this has occurred at least once since 30 June 2013. This information can be found in modern slavery legislation, or on Ministry/Department of Foreign Affairs websites.
Researcher NotesIndicator met – German citizens can apply for an emergency/temporary passport at any German Consulate or Embassy overseas.
1.7.5NegativeNEGATIVE Diplomatic staff are not investigated for alleged complicity in modern slavery cases or abuse of victims.0
Diplomatic/embassy staff are complicit in the exploitation of nationals or abuse those who seek assistance at the embassy and no investigations have taken place AND this has occurred between 1 July 2017 and 15 February 2019.
Researcher NotesIndicator not met – there are no cases of alleged complicity of diplomatic staff in modern slavery cases.
1.8.1NegativeNEGATIVE State-sanctioned forced labour exists.0
Any form of state-sanctioned labour, where the government forced the whole population, or segments of it, to work under threat of penalty, and for which working people have not offered themselves voluntarily. Excludes compulsory military service, work which forms part of normal civil obligations of the citizen, or work performed in cases of emergency (such as war, fire, famine, or flood). This has occurred between 1 July 2017 and 15 February 2019. [1] Follows ILO typology using Committee of Experts’ Direct Requests and Observations. See Global Estimates of Modern Slavery for typology.
Researcher NotesIndicator not met- some Lander (Brandenburg, Rhineland-Palatinate, Saarland and Saxony) have put in place penal enforcement acts which prevents prisoners working in provate workshops without their consent. However, in the 12 remaining Lander the legislative framework provides a general obligation to work of prisoners and as a consequence, prisoners may be assigned to work in privately managed workshops without their consent (ILO GEMS- compulsory prison labour by private individuals or companies). No evidence of this occurring in practice
Milestone 5Government and business stop sourcing goods and services produced by forced labour
IndicatorRating
1.1.1Guidelines exist for public procurement officials.1
The government has drafted guidelines or an internal memo for public procurement officials that outline standards and/or operating procedures to prevent the purchase of public goods or services that involve modern slavery. These can be general guidelines on human rights that include sub-sections on modern slavery. This has occurred since 30 June 2013.
Researcher NotesIndicator met- Germany has guidelines for municipalities public procurement, relating to certain products
1.1.2Public procurement policies and systems exist to minimise the risk of governments purchasing products tainted by forced labour.1
The government drafts and implements public procurement policies and standards that explicitly prohibit engaging businesses suspected of using forced labour or purchasing products that were made using forced labour. These policies can include inserting clauses in public contracts prohibiting the use of forced labour, directing that purchasing decisions not be made on price alone, outlining steps to be taken should a contractor be found to use forced labour, or requiring government contractors over a certain value to maintain compliance plans. This has occurred since 30 June 2013.
Researcher NotesIndicator met – public procurement policies prohibiting sourcing products made of forced labour exist in some of the German federal states. Germany has transposed EU Directive 2014/24/EU as of 24 April 2016
1.1.3Annual reports on government action to prevent use of forced labour in public procurement are produced and publicly available.0
The government releases reports on activities taken to prevent use of forced labour in public procurement AND this has to have occurred since 30 June 2013. OR if the policy has been adopted since 1 July 2017, it is enough that reporting is stipulated as part of regulating compliance. The report can be on human rights but include a sub-section on modern slavery.
Researcher NotesIndicator not met – although the Procurement Agency of the German Ministry of the Interior does release an annual "activity report", it does not specifically report on activities taken to prevent use of forced labour in public procurement.
1.1.4The government has provided training to public procurement officials on modern slavery.0
The government has provided training to procurement officials on what is modern slavery, how it is relevant to their role, and on existing government policies and their implementation. This training is provided face-to-face, or through online training modules, and has occurred at least once since 30 June 2013.
Researcher NotesIndicator not met – although the Procurement Agency of the German Ministry of the Interior offers and has conducted training for sustainable procurement, it is unclear if the training particularly covers the risks of modern slavery.
1.1.5There is evidence that the government has taken remedial action where forced labour has been discovered.0
There is evidence that the government has worked with contractors that have been identified as having issues with use of forced labour to implement corrective action plans OR where the use of forced labour is prevalent and the contractor is unwilling to work with the government, there is evidence that the government has cancelled the contract AND this has occurred since 30 June 2013.
Researcher NotesIndicator not met- no evidence that any remediation has taken place
2.1.1Laws or policies require businesses to report on their actions to implement risk minimisation policies.1
Legislation or policies require business to report on their actions to minimise risk of forced labour in their supply chain (e.g. the UK Modern Slavery Act requires businesses earning more than GBP36 million annually to report on their actions to combat modern slavery). This is current as of 15 February 2019.
Researcher NotesIndicator met- Germany has transposed the EU Directive 2014/95/EU into domestic legislation. Though not yet passed, a draft law on mandatory human rights due diligence for German companies was proposed in February 2019.
2.1.2Governments have identified high-risk sectors and have taken action to work with these sectors to eradicate modern slavery.1
The government has collaborated with businesses to identify high-risk sectors and set up national sector-specific initiatives that support businesses to tackle modern slavery. These initiatives can be broader initiatives that cover sustainability, health and safety, etc., but must include some elements of tackling modern slavery. For example, the sustainable textile partnership in Germany. This has occurred since 30 June 2013.
Researcher NotesIndicator met – the German government established the Textiles Partnership in 2014, which is a multi-stakeholder initiative aiming to improve social, ecological and economic conditions all along the textile supply chain. Though not yet passed, the proposed mandatory human rights due diligence legislation for German companies would focus on companies operating in high-risk sectors.
2.1.3Laws or policies allow governments to create a public list of businesses that have been found to tolerate slavery in their supply chains.0
The government has worked with businesses and NGOs to create a public list of businesses that have been found to tolerate forced labour in their supply chains AND/OR these businesses are prevented from accessing public funds. For example, the “dirty list” in Brazil. This is current as of 15 February 2019.
Researcher NotesIndicator not met- no evidence of laws or policies that allow the government to create a public list of businesses who have been found to tolerate slavery in their supply chains
2.1.4Governments implement a responsible investment reporting requirement for investment funds and banks headquartered in their country to ensure that investment does not support modern slavery.0
Investment funds and banks headquartered in the country MUST report on modern slavery risk in investments AND reporting must occur at least every two years. If policy is in place, there MUST be evidence that this has occurred since 30 June 2013 OR, if the policy has just been adopted, it is enough that reporting is stipulated as part of regulating compliance. NOTE: there must be explicit mention of modern slavery NOT investment funds or banks have corporate social responsibility policies that require them to report on human rights UNLESS modern slavery forms part of this reporting.
Researcher NotesIndicator not met- no evidence of the government implementing a responsible investment reporting requirement for investment funds and banks found
2.1.5Laws or policies prevent the import of goods and services made with forced labour.0
The government has prohibited the import of goods and services made with forced labour. For example, the US Tariff Act. This is current as of 15 February 2019.
Researcher NotesIndicator not met- no evidence of laws or policies preventing the import of goods or services produced with forced labour
2.1.6Laws are in place that make it a criminal offence for company directors or companies to fail to prevent modern slavery and fail to undertake reasonable due diligence in first tier supply chain.0
Directors can be charged and prosecuted for slavery in first tier supply chains where it can be shown that due diligence has not occurred. This indicator measures the existence of this provision in legislation. This is current as of 15 February 2019.
Researcher NotesIndicator not met- no evidence of criminal offence for company directors whose companies have been found to use forced labour in their direct supply chains

The 2019 Measurement, Action, Freedom report provides data on government action towards the eradication of modern slavery and the achievement of Sustainable Development Goal 8.7. All data collected for our assessments of government responses since 2014 are publicly available online; a total of nearly 100,000 data points. Ratings are available for 2016, 2018, and 2019.