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Temporary Residence Permits: Ethical Conflict or Synergy? Center for Ethics & Value Inquiry Ghent University Belgium.

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Presentation on theme: "Temporary Residence Permits: Ethical Conflict or Synergy? Center for Ethics & Value Inquiry Ghent University Belgium."— Presentation transcript:

1 Temporary Residence Permits: Ethical Conflict or Synergy? Center for Ethics & Value Inquiry Ghent University Belgium

2 2005 proposal - 2007 project Main drive remains: value inquiry into policies and behaviours of international and national organisations on THB Normative assessment of THB policies: linking sense-making on THB at different levels with labour market characteristics

3 Phase 1: shifts in THB discourse From focus on: –Prostitution –Migration –Policing To (2002-2004) –Labour issue –Human Rights approach

4 Human Rights and THB discourse 1.T causes HR violations, hence states must fight T 2.Policing and investigative mechanisms must be in line with HR (recognition as ‘victim’) 3.Because HR have been violated, policies must restore them (‘victim’ becomes TP, recognition of agency and hence the necessity of empowerment)

5 HR in THB documents 2002: Anti-Slavery International report Human Traffic Human Rights - Redefining Victim Protection TRP - tries to combine prosecution with empowerment 2002: Brussels Declaration - expresses the need for a HR approach 2004: Council Directive 2004/81/EC on TRP 2004: OSCE Helsinki Conference - on protecting HR of TP and strengthening their rights 2004: Experts Group report - holistic HR approach

6 However 2002: Anti-Slavery International report points out the failures of the Reflection Period and the instrumentality of the TRP 2004: OSCE report: even the instrumentality of the TRP is not understood 2004: Experts Group vs Council Directive categoric vs states can choose 2005: Europol report: procedures on TRP do not follow the Directive June 2007: report expected on implementation of the Directive

7 Belgium Circular 1994: Reflection period, permanent RP as reward Circular 1997: renewal TRP lies with migration services (migration issue, not labour issue) TRP is instrumental New law 2005: THB defined not in terms of migration - making others commit crimes - making others work in conditions that are in violation of human dignity Law 2006: practice of TRP becomes law

8 Belgium (cont) Reflection period remains problematic NGOs have chosen conditional TRP

9 Phase 1 Shift in discourse: international vs national Discourse vs practices Document discourse vs sense-making in GO and NGO

10 Phase 2: THB = labour issue Follows Experts Group opinion In line with law 2006 Fighting THB = enforcing labour standards Impediment to do this = informalisation of work Labour market characterisitics but also business ethics and CSR (private actor responsibilities for HR)

11 CEVI - ESF Phase 1 Sense-making and practices vs shifts in document discourse on THB Phase 2 Sense-making and practices on THB as a labour issue involving private actor responsibilities for HR


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