BELGIAN EXPERIENCE: ASSISTANCE FOR VICTIMS OF HUMAN TRAFFICKING

OVERVIEW HISTORICAL BACKGROUND LEGAL FRAMEWORK: – DEFINITION – VICTIM PROTECTION STATUS VICTIM ASSISTANCE STATISTICS

HISTORICAL BACKGROUND

EARLY 90’s: media, studies, … TRAFFICKING IN WOMEN PUT ON THE POLITICAL AGENDA PARLIAMENTARY COMMISSION TO INVESTIGATE SITUATION OF TRAFFICKING IN WOMEN IN BELGIUM

HISTORICAL BACKGROUND NOT ONLY TRAFFICKING IN WOMEN  HUMAN BEINGS (ALSO MEN & CHILDREN) NOT ONLY SEXUAL EXPLOITATION  ALL FORMS OF EXPLOITATION POLICY  BALANCE BETWEEN: –NEED FOR SUPPORT & ASSISTANCE TO VICTIMS OF THB (PROTECTION) –FIGHT AGAINST ORGANISED NETWORKS RESPONSIBLE FOR THB (REPRESSION)

HISTORICAL BACKGROUND ACTIONS TAKEN IN THE FIGHT AGAINST TRAFFICKING IN HUMAN BEINGS: LAW 13/04/’95  10/08/’05 MINISTRIAL DIRECTIVES ’94, ’97 & ’03  LAW 15/9/’06  MINISTRIAL DIRECTIVE 26/9/’08 ASSISTANCE TO VICTIMS OF TRAFFICKING IN HUMAN BEINGS

HISTORICAL BACKGROUND TRHEE SPECIALISED CENTRES: PAYOKE IN ANTWERP PAG-ASA IN BRUSSELS SURYA IN LIEGE

LEGAL FRAMEWORK

 LAW OF 10 AUGUST 2005 DEFINING TRAFFICKING OF HUMAN BEINGS  LAW OF 15 SEPTEMBER 2006 & MINISTRIAL DIRECTIVE 26 SEPTEMBER ’08 ON RESIDENCE PERMITS FOR VICTIMS OF TRAFFICKING AND SMUGGLING (AGGRAVATING CIRCUMSTANCES) = « VICTIM PROTECTION STATUS » LEGAL FRAMEWORK

LAW OF 10 AUGUST 2005: CLEAR DEFINITION OF TRAFFICKING (ART. 433 quinquies CRIMINAL LAW) & DESTINCTION WITH SMUGGLING (ART. 77bis ALIEN’S ACT) COERCION/FORCE…: NO LONGER CONSTITUTIVE ELEMENT OF CRIME BUT AGGRAVATING CIRCUMSTANCE BELGIAN VICTIMS DETECTION & IDENTIFICATION OF VICTIMS DIFFERENT FORMS OF EXPLOITATION DEFINITION OF TRAFFICKING

DEFINED FORMS OF THB: SEXUAL EXPLOITATION EXPLOITATION OF BEGGING LABOUR EXPLOITATION: PUTTING PEOPLE TO WORK IN CIRCUMSTANCES CONTRARY TO HUMAN DIGNITY ORGAN TRAFFICKING FORCING A PERSON TO COMMIT CRIMES AGAINST HIS WILL DEFINITION OF TRAFFICKING

VICTIM PROTECTION STATUS LAW OF 15 SEPTEMBER 2006 MINISTRIAL DIRECTIVES 26 SEPTEMBER 2008: INCREASE PROTECTION TO VICTIMS OF THB AND OF SMUGGLING IN AGGRAVATING CIRCUMSTANCES BY GRANTING THEM, UNDER CERTAIN CONDITIONS, THE RIGHT TO STAY IN BELGIUM & SOME BASIC RIGHTS (CFR. PRESENTATION MR. HONGENAERT)

VICTIM PROTECTION STATUS PRINCIPLES OF PROCEDURE:  MULTIDISCIPLINARY & INTEGRATED INVOLVING ALL ACTORS  ISSUING OF PERMITS // STAGES IN CRIMINAL PROCEEDINGS  DETECTION & IDENTIFICATION BY FRONTLINE OFFICERS: INFO & REFERRAL TO ONE OF 3 CENTRES

VICTIM PROTECTION STATUS GENERAL CONDITIONS FOR VICTIMS:  NO CONTACT WITH PRESUMED SUSPECTS  ACCEPT ASSISTANCE BY ONE OF THREE SPECIALISED CENTRES  COOPERATION WITH LEGAL ENFORCEMENT (COMPLAINT/STATEMENT)

VICTIM PROTECTION STATUS  PHASE I: REFLECTION PERIOD: ORDER TO LEAVE THE COUNTRY OF 45 DAYS NO COMPLAINT: VOLUNTARY RETURN / ILLEGAL SITUATION  PHASE II: COMPLAINT/STATEMENT RESIDENCE PERMIT 3 MONTTH & WORK PERMIT  PHASE III: PUBLIC PROSECUTOR RESIDENCE PERMIT OF 6 MONTHS & WORK PERMIT PROLONGED TILL END OF JUDICIAL PROCEDURE  FINAL PHASE: CONVICTION PERMANENT RESIDENCE PERMIT

VICTIM PROTECTION STATUS – LlNKED TO STRICT CONDITIONS – CAN END AT ANY MOMENT: ILLEGAL STAY OR VOLUNTARY RETURN

VICTIM ASSISTANCE

3 SPECIALISED CENTRES SINCE ’94 ’95 PAG-ASA (BRUSSELS) PAYOKE (ANTWERP) SÜRYA (LIEGE) DOUBLE MISSION:  INFORMATION & AWARENESS RAISING (NATION. & INTERNAL.)  PROTECTION & ASSISTANCE OF VICTIMS (PRIORITY!) VICTIM ASSISTANCE

MULTI-DISCIPLINARY TEAM (CONSISTING OF S.A., CRIM., EDUC.…) STUCTURE:  LEGAL UNIT: LEGAL & ADMINISTRATIVE ASSISTANCE  RESIDENTIAL UNIT (SHELTER): ACCOMODATION & PSYCHO-SOCIAL SUPPORT  NON RESIDENTIAL UNIT: PSYCHO- SOCIAL SUPPORT & TRANSIT-PROJECT MULTI-DISCIPLINARY COLLABORATION COOPERATION WITH THE ALIEN OFFICE COOPERATION WITH LAW ENFORCEMENT  OPERATIONAL 24/24 & 7/7

VICTIM ASSISTANCE REFERRALLEGAL DEPT. VICTIM OF THB? YES NO: REFERRAL EXT. WHAT DOES VoT WANT? COMPLAINT  PAG-ASA NO COMPLAINT LISTEN & EVALUATE ARE THERE CONCRETE ELEMENTS? INFORM VoT ABOUT PROTECTION STATUS NEED FOR SAFE RECEPTION  SAFE SHELTER NO NEED FOR SAFE RECEPTION  NON RESIDENTIAL CARE ILLEGAL/EXPLOITAT. REFERRAL EXTERN. VOLUNTARY RETURN INTERPRETER POLICE

VICTIM ASSISTANCE THE SPECIALISED CENTRES HAVE NO OUTREACH SERVICE VICTIMS ARE REFERRED BY:  LOC. & FED. POLICE  LABOUR INSPECTION  SOCIAL SERVICES  PRIVATE PERSONS: DR., CLIENTS, …  VICTIMS THEMSELVES  …

VICTIM ASSISTANCE IF NO EMERGENCY:  APPOINTMENT FOR « INTAKE INTERVIEW »: INTERPRETER CONFIDENTIAL TIME TO LISTEN TIME TO EXPLAIN THE PROCEDURE IN CALMTH UPTO VICTIM TO DECIDE  ASSESSMENT OF SITUATION: SAFE RESIDENCE OR NOT (SHELTER)

VICTIM ASSISTANCE IN CASE OF EMERGENCY:  IMMEDIATE ACTION & RECEPTION (24/7) TELEPHONE-INTERPRETATION FULFILL BASIC NEEDS: FOOD-BED-BATH AND ABOVE ALL: REST! INTAKE INTERVIEW WITH INTERPRETER WHEN READY

VICTIM ASSISTANCE EACH VICTIM IS ASSISTED IN THREE WAYS:  PSYCHO-SOCIAL ASSISTANCE  ADMINISTRATIVE ASSISTANCE  LEGAL ASSISTANCE

VICTIM ASSISTANCE PSYCHO-SOCIAL ASSISTANCE: WORKING ON TRAUMA, SECURITY & PROJECT FOR FUTURE (INTEGRATION) EMPOWERMENT & TAYLORMADE  SHELTER (RESIDENTIAL UNIT) TEMPORARALY ACCOMMODATION SECRET LOCATION  NON-RESIDENTIAL UNIT: SUPPORT IN PRACTICAL ISSUES OF EVERYDAY LIFE

VICTIM ASSISTANCE ADMINISTRATIVE ASSISTANCE: CONSULT WITH ALIEN OFFICE FOR RESIDENCE PERMITS LEGAL ASSISTANCE: PREPARE & ACCOMPANY VICTIMS FOR INTERVIEWS WITH POLICE INFORM VICTIMS ABOUT LEGAL SYSTEM AND PROCEDURES IN BELGIUM INTERVENTION OF A LAWYER: CONSULT THE JUDICIAL FILE REPRESENT THE VICTIM IN COURT AS CIVIL PARTY (MORAL AND/OR MATERIAL COMPENSATION)

STATISTICS

VICTIMS ASSISTED BY PAG-ASA IN 2011: FROM PREVIOUS YEARS: 117 NEW CASES: 47  TOTAL: 164 CASES STATISTICS

 47 NEW CASES: 10 SEXUAL EXPLOITATION 25 LABOUR EXPLOITATION 7 SMUGGLING 2 COMMITING CRIMES 0 BEGGING 1 OTHERS MEN 30 & WOMEN 17 STATISTICS

TOP 5 OF NATIONALITIES:  MOROCCO  ROUMANIA  INDIA  BULGARIA STATISTICS

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