• Malta Police Force: The MPF are the authority within Malta who can formally identify a victim of trafficking in human beings. Within the MPF, trafficking in human beings falls under the responsibility of the Vice Squad. Data is collected by the Vice Squad on the number of identified victims, persons suspected, persons prosecuted, and the number of events of human trafficking within the reference year.
• Foundation for Social Welfare Services: The FSWS is a governmental entity responsible for providing psychosocial welfare services to persons in Malta. The FSWS offers a range of services aimed at supporting vulnerable persons, while promoting social inclusion and improving well-being. With regards to trafficking in human beings, aside from self-referrals, the MPF will refer victims to FSWS in line with an MOU between the MPF and the Ministry for the Family, Children’s Rights and Social Solidarity. Data is provided by FSWS on presumed victims of human trafficking.
• Court Services Agency: The Court Services Agency is responsible for the administration of the Malta Law Courts, they cater for all civil and criminal proceedings. Data is collected on the number of cases involving human trafficking. This includes any convictions, acquittals, appeals, and sentences that result from a case.

• Citizenship: The particular legal bond between an individual and his/her State acquired by birth or naturalisation, whether by declaration, option, marriage or other means according to national legislation. It corresponds to the country issuing the passport. For the purpose of this article, persons are classified by broad groups of citizenship: Maltese, other EU and non-EU.
• Form of exploitation refers to the type of exploitation that the victim of human trafficking is subjected to. Different types of exploitation can include benefit fraud, forced begging, forced labour (including domestic servitude), removal of organs, criminal activities and sexual exploitation. Victims of human trafficking may also be subjected to more than one type of exploitation.
• Persons convicted refer to the number of persons who are subject to court judgements following prosecution.
• Persons prosecuted refer to the number of people who have had legal proceedings initiated upon them by the prosecuting authorities.
• Resident population refers to the total population of all persons residing in the Maltese Islands during the reference period. The concept of residence refers to the place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage. Usual residents of a specific geographical area are those who have lived in their place of usual residence for a continuous period of at least 12 months before the reference time or those who arrived in their place of usual residence during the 12 months before the reference time with the intention of staying there for at least one year. Population estimates used in this article are based on the mid-year estimates.
• Suspects refer to persons brought into formal contact for trafficking in human being by the Malta Police Force, and can include persons suspected, arrested, or cautioned for a criminal offence.
• Trafficking of human beings, elements of: The term ‘human trafficking’ is used interchangeably with ‘trafficking of human beings’. Trafficking of human beings is considered both a crime and a violation of human rights. The three key elements considered to be present in such an offence with regards to adult victims include:
  
  • the act: including the recruitment, transportation, transfer, harbouring or reception of persons.
  • the means: considering the exchange or transfer of control over such persons, by means of threat, use of force or other forms of coercion, may include also means of abduction, fraud, deception, abuse of power or of a position of vulnerability (a situation where there is no real or acceptable alternative but to submit to the abuse involved). The giving or receiving of payments or benefits to achieve the consent of a person having control over another person; and
  • the purpose for exploitation: types of exploitation may include, sexual exploitation, forced labour or services (including begging), slavery, servitude, or the removal of organs, among other forms of exploitation.

  With regards to child victims of trafficking of human beings, the two elements necessary include the act and the purpose for exploitation as the element of ‘means’ is not necessary. The corresponding ICCS classification is ‘0204 – Trafficking in persons’.

• Victims (identified/presumed) included in this article are:
  
  • persons who have been formally identified as victims of human trafficking by the Principal Immigration Officer as designated by the Immigration Act, Cap. 217 of the Laws of Malta; and/or
  • persons who have not been formally identified as victims of human trafficking by the Principal Immigration Officer, but have been registered as victims of human trafficking through services offered by FSWS.

• Persons (Tables 1-3): Unique persons who made use of any service in the area during the reference period. In the case of victims, following a harmonisation exercise all the cases registered at the MPF and FSWS are analysed and, in the case of persons being recorded in each service, such persons are counted only once.
• Rate (Chart 1): Number of victims, suspected persons and convicted persons per 100,000 mid-year resident population.
• Three-year moving average (Chart 2): The three-year moving average smoothens out the time series by computing the average over the reference year and the two years prior. This measure is less sensitive to the year-on-year fluctuations caused by small counts.

The ICCS is an international statistical classification of criminal offences which is used for the recording, analysis and comparison of crime statistics. For the purpose of this article, the offence of human trafficking refers to ICCS classification code ‘0204 – Trafficking in persons’.

For more information on definitions and concepts, refer to the ICCS available online.

This article refers to the offence of trafficking in human beings. It is important to note the difference between human trafficking and migrant smuggling. Main points of difference include:

• Consent: Essentially, human trafficking involves an action imposed on the victim without the consent of the victim or through methods of direct or indirect coercion. On the other hand, migrant smuggling is considered to involve the consent of the person being smuggled.
• Type of entry, exit or transit: Migrant smuggling involves migrants being facilitated with entry into Malta through illegal methods for the sake of entry, exit or transit. Although the offence of migrant smuggling is premised on the illegal entry, exit or transfer, in the offence of trafficking in human beings, entry, exit or transfer can be done either legally or illegally.
• Movement: While migrant smuggling must constitute the crossing of country borders, in human trafficking crossing of borders is not necessary for the trafficking to take place. Human trafficking can occur within the jurisdiction of one country.
• Continuity: While the offence of migrant smuggling is generally considered to have been concluded on the arrival at destination, human trafficking involves the ongoing exploitation of the victim.

An offence of smuggling may develop into an offence of trafficking if the person being smuggled is subjected to exploitation. More information on the two offences can be acquired through the relevant legislation:

• National Legislation
  
  • Human trafficking: Art. 248A-248G of Cap. 9 of the Laws of Malta (Criminal Code).
  • Migrant smuggling: Art. 337A of Cap. 9 and Art. 32 of Cap. 217 of the Laws of Malta (Immigration Act).
• European Legislation:
  
  • Human trafficking: Anti-trafficking Directive – Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.
  • Migrant smuggling: Facilitation Directive – Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence.
  • Corresponding ICCS classifications:
    
    • Human trafficking: ‘0204’
    • Migrant smuggling: ‘08051’