“ Building an Effective Victim Identification Process” John McGeoghan Regional Specialist IOM January 2012 THIS WORKSHOP IS CO-CHAIRED BY THE GOVERNMENT OF MALAYSIA, MINISTRY OF HOME AFFAIRS AND INTERNATIONAL ORGANIZATION FOR MIGRATION

Overview Defining Trafficking in Persons Defining “Victim” Determining Victimization Screening Checklists Interviewing Principles and Practices

The process of identification aims at making a determination whether or not an individual is potentially a trafficked person according to the definitions established in the UN Protocol Why is it important to identify victims of trafficking? They are likely to have immediate and acute physical, sexual and psychological health needs To ensure appropriate measures can be taken to provide assistance To help the person recover from a dangerous and exploitative situation Victim Identification

Defining and Determining Trafficking Art 3(a): “Trafficking in persons” shall mean …the recruitment, transportation, transfer, harbouring or receipt of persons …by means of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, …for the purpose of exploitation.” 3 key elements: → Action → Action… → Means → Means… → Purpose → Purpose…

Who has a role in identifying potential victims… ? Specially trained police/immigration investigators Psycho-social/medical specialists Social workers NGO service providers Embassy officials Hospital (IOM – LSHTM Guidance for Health Providers) Victim Identification

6 Trafficked persons…  May not speak local language  May not see themselves as victims  May feel responsible for a family debt  May not trust police  Fear their traffickers  May suffer “Stockholm Syndrome”  May have PTSD & Memory loss  May be in transit, or confused with migrant smuggling… Identifying victims is not easy…

Social reactions/consequences −Mistrust of authorities, community −Uncooperative −Feelings of isolation, loneliness, inability to establish or maintain meaningful relationships −Fear of rejection by family or community −Fear of being re-trafficked Common Symptoms & Special Needs of Trafficking Victims

Psychological reactions –Fear –Disorientation –Irritability, restlessness –Nightmares –Detachment, lethargy –Sleeplessness –Loss of appetite –Aches and Pains –Dependency on drugs or alcohol –Symptoms of withdrawal Common Symptoms & Special Needs of Trafficking Victims

Trauma “ A teenager was tortured and cut up in front of another woman so she would be frightened into cooperating with a human trafficking ring, police said” (December 2011) forced-woman-watch-torture-dismember-Carina- Saunders.html#ixzz1jBrApS31 forced-woman-watch-torture-dismember-Carina- Saunders.html#ixzz1jBrApS31

The screening process allows us to identify potential victims of trafficking from smuggled migrants or other migrants not in need of assistance and protection. In many destination countries trafficked persons may not be identified as victims and are detained or deported.. The nature of assistance needed by trafficked persons is specialized They are likely to have health and other needs that should immediately be addressed They are victims of serious crimes and the security situation may require special attention Victim Identification The screening process

The screening process to determine if a person (migrant) is indeed a victim of trafficking consists of two stages: 1. Step 1: An initial assessment to determine potential status as a victim (immediate indicators/ signs) 2. Step 2: An interview with the individual consisting of a set of specific questions that focus on the three elements: movement, means and exploitation Victim Identification The screening process

Age Sex Nationality Knowledge and experience Other Assessment Indicators

Are there signs of exploitation?

Common Indicators: Person appears to have visible physical injuries or scars, such as cuts, bruises or burns Person exhibits submissive behavior Person shows signs of emotional distress and psychological problems, such as depression, anxiety, self-inflicted injuries or is suicidal Person is unable to move to a new location or leave their job Person does not manage their own money Person is not in control of their documents, such as passport, ID cards, etc. Person is not paid for their work or paid very little Person lives with multiple people in unsanitary conditions or lives with employer Person is rarely alone and appears to always have an escort with them Assessment of Indicators

If “Yes” - Person was Exploited… …Determine through what means then…

…Process or Action? If exploited through these means, then determine….

For Children, the “Means” element is NOT required

Exploitation is a crime…it is legally impossible to consent to be exploited in a criminal situation

Determining status Following the provision of informed consent victim screening interviews will be conducted ideally by members of a specialist unit. Determining status will result in the provision of a range of services; recovery, redress and reintegration and return (for foreign nationals) Determining status often involves cooperation a range of actors across ministries and from civil- society. This cooperation should be formalized. The Victim should be at the center of this process

Thank You