IOM s approach to Identification Repatriation and Assistance to

IOM’s approach to Identification, Repatriation and Assistance to Victims of Trafficking in Human Beings. Role of diplomatic and consular personnel. 2 September, 2009 Vilnius, Lithuania

Identification of victims of trafficking in human beings (THB) – verification process of people who supposedly are the victims of trafficking in human beings (Vo. Ts) In general, the identification of a trafficked person is understood as a complex of measures by means of which a specialist analyzes the data obtained from the presumed Vo. Ts or from individuals or legal persons, who have information about the illegal actions committed against this victim, compares elements of the definition of THB and comes to the conclusion that this person is a Vo. T.

Identification Objectives n Assistance and protection of Vo. Ts n Prosecution of delinquents

Why it is important to properly identify Vo. Ts ? n n n In many destination countries trafficking victims may be mistaken for irregular migrants and summarily deported or put in detention facilities without being properly identified. The nature of the assistance and protection needed by the different categories of people seeking assistance is likely to be different to that needed by trafficked individuals. Trafficking victims are likely to have immediate and acute physical, sexual and psychological health needs that are not normally present in cases involving smuggling or other irregular migrants. Trafficking victims are victims of serious crimes, and particular security arrangements and procedures are necessary since the service delivery organization personnel assisting them are themselves exposed to particular risks. There are indications that organized criminal groups have attempted to infiltrate IGONGO support and assistance programmes to locate their victims who have either escaped or who testify, or are about to testify, against them.

Components and essential elements of Trafficking in Human Beings: COMPONENT ELEMENTS CRIMINAL ACTIVITY • recruiting • transportation • transfer • sheltering or receiving of a person MEANS OF COERCION • physical threat, usage of force or other means of coercion • abduction • fraud • deception • abuse of power or vulnerable situation • offer or receive money or benefits of any other kind EXPLOITATION • coercion to practice prostitution or some other forms of sexual exploitation • slavery, application of some practices similar to slavery • coercion to perform certain jobs or services • coercion to offer intern organs/tissues • usage of woman as a surrogate mother or for reproduction purposes • illegal child adoption • coercion to practice begging and petty crimes • involvement in criminal activities • etc.

Direct Indicators Basic elements Indicators 1. Recruiting, transportation • Implication of a third party in the preparation of departure arrangements and documents. • The person has false identification or work papers and/or documents for the departure. 2. Application of coercive methods, deception, abuse of power or vulnerability of a person • The person has debts, and her family and/or close people have guaranteed the payment of debts. • The recruiter or employer has offered to the person incomplete or false information. • The person was deprived of identification and departure papers. • The person is denied freedom of movement without special permission or supervision. • The person is locked/physically detained and/or isolated at the work place and/or residence. • The person is exposed to physical and moral abuse, including beating and coercive consumption of drugs. • The person is threatened with violence, including violence against relatives and friends. 3. Exploitation • The person is forced to do things against his/her will. • The person is not paid. • Considerable or unjustified amounts are retained from the person’s payment. • The person lives in the same place where he/she works or offers services. • The person is denied the right of free choice or cannot change residence.

Pre-interview Assessment Indicators: n n n Age Sex Nationality / Ethnicity / Citizenship Documentation Last location Context Signs of abuse Assessment of the referring agency Current service delivery organization knowledge and experience The method of organizing the trip abroad The description of victim’s place of living and ambience Legal status of the victim in the country of destination or transit Caution !!! § Each indicator can be interpreted in more than one way. Therefore it is important to evaluate them cumulatively when making a determination. § The indicators above are generalizations and exceptions exist in relation to all of them. Local circumstances and experience may indicate the need for additional indicators or adaptation of the indicators.

The Basic Ethical Principles in Caring for and Interviewing Vo. Ts n n n n n Do no harm Ensure safety, security and comfort Ensure privacy Ensure confidentiality Provide information Request informed consent Ask questions in a sensitive and sensible manner Listen actively and responsively Observe for signs that an individual needs to stop during an interview or procedure Consider any preconditions and prejudices you may have Believe. Do not judge Maintain professionalism while treating persons with respect and compassion Ensure trafficked persons feel in control of their body and communications Reassure trafficked persons are not to blame Inform trafficked persons of their right to a forensic medical exam and report Inform the trafficked persons of their right to copies of all health and medical records Remind the trafficked person of their strengths Provide interpretation NB!!! In the case of children and individuals who require special assistance (e. g. mentally challenged, those with extreme psychological difficulties), the principles above must be considered in conjunction with other specific relevant procedures (e. g. for unaccompanied minors, working with an appointed guardian or legal representative).

Special considerations for interviewing children (under 18 years of age) n n n Trained staff (preferably of the same sex as the child) Friendly introductions Safe and comfortable space for conversation Simple and informal atmosphere Dedicate adequate time for discussions Appropriate and child-friendly language (incl. visual aids) Questions should be adapted as per age and mental capacity of the child Open-ended questions (“What did the person do? ”), i. e. avoid leading questions (“Did the person abuse you? ”) Do not pursue and press for details Interviews of minors should take place in the presence of a trained guardian, psychologist or social worker Close the interview in ways that reassures the child that s/he has done well, and that you’ll be available whenever s/he needs to talk again.

Victim response and treatment n Whether an individual has become a victim of trafficking, is a smuggled or irregular migrant, has been exploited or abused or is otherwise vulnerable, the individual must be treated with sensitivity and due respect for her or his human rights. n Vo. Ts have many legitimate reasons why they may be reluctant to discuss the details of their trafficking experience, esp. during initial interviews. Service providers should be aware of these in order to be patient and non-judgmental in their approach to victims: - Fear of traffickers - Fear of law enforcement - Loyalty to trafficker - Memory loss

Screening Interview n • • • Interview checklist Conditions Introduction Explanation Final points before beginning the interview Completing the Screening Interview Form Registration and case data Recruitment phase Transportation phase Exploitation phase Additional corroborative material Decision

Identification Psycho-social profile of a (potential) victim of trafficking in human beings n n n young person, most often a female with no identification papers with no financial resources is marked by inhuman treatment and is emotionally and psychologically unstable often shows fear and mistrust towards the speaker or on the contrary - too self-confident and even aggressive in communication, shows a “strange” behavior which could be interpreted as “inadequate for a person that suffered from violence and abuse”

Rescue, Return, Reintegration SOS Call FROM: family, relatives, friends, clients of the Vo. T, Vo. T TO: Hotlines, Law enforcement, Social assistants, Embassies/Consulates, IOM, NGOs, Faith Based Organizations, etc. Referral to Partners IOM, Hotline, Law Enforcement, State Agencies, NGOs, Faith Based Organizations, etc. Rescue IOM, Hotline, Law Enforcement, NGOs, Client, Self Rescue (escape), etc. Rehabilitation and/or Reintegration Assistance IOM, NGOs, State Agencies, Faith Based Organizations, etc. Return IOM, NGOs, State Agencies, Clients, Embassy/Consulate, Faith Based Organizations, etc. Reception, Rehabilitation, Reintegration Assistance IOM, NGOs, Social Services, Law Enforcement, etc. ØInternal Trafficking - exchange of information between national partners ØInternational Trafficking - exchange of information between partners in country of origin and destination

Rehabilitation, Return, Reintegration Country of Destination Country of Transit Country of Origin Rehabilitation Assistance: Transit Assistance: Temporary shelter, Medical, Psychological Shelter, Social Transportation, Escorts Social, Legal, Educational Programs, Reception Assistance: Reception, Overnight at Shelter, Transportation to final destination Specialized Services to Children Return Assistance: Travel Documents, Transportation, Departure Escorts (children, disabled persons, etc. ) Rehabilitation Assistance: Temporary Shelter, Medical, Psychological Social, Legal, Recreational and Educational Activities, Specialized Services to Children Reintegration (when feasible) Vocational training, Job mediation Temporary/Permanent residence Monitoring Reintegration Assistance: Re/insertion into School, Vocational training, Job mediation, Family and Housing support, Business training and support, Monitoring

Conclusions: Role of the Diplomatic and Consular personnel in Identification, Repatriation and Assistance to Vo. Ts n n n To inform and prevent To identify (proactively and retroactively) To provide assistance (travel documents, etc. ) To refer for assistance (to services available in the country of destination, transit, origin) To cooperate with the law enforcement for purpose of prosecution of delinquents

Country of Origin -To liaise with specialized State agencies, IO-NGOs, in country of origin (information and materials to be distributed, share information on trends observed, referrals) -To establish focal points -To establish informal communication -To liaise with specialized agencies in view organizing/facilitating repatriation missions -When relevant, establish communications with relatives of an identified or presumed victim -To provide information on specialized organizations -To establish focal points -To establish informal communication -To establish contact and focal points with specialized agencies -To refer for assistance -To establish informal communication -To liaise with law enforcement agencies -To provide/share relevant information/materials/evidence -To establish focal points -To establish informal communication Role of the Consular / Diplomatic Staff Inform and Prevent Provide Assistance Refer for Assistance Assist with Prosecution Country of Destination -To proactively identify (visa applications for the country of origin and the related interviews) -To retroactively identify (requests for return assistance) -To inform (organizations, services, hotlines – in the country of origin) -To observe trends -To establish focal points -To establish informal communication -To provide confirmation of identity -To issue travel documents -To issue other relevant documents and certificates -To provide additional assistance (translation, visits to prisons/hospitals/courts/detention centers, etc. ) -To provide information on specialized organizations -To establish focal points -To establish informal communication -To establish contact and focal points with specialized agencies -To refer and follow up throughout the assistance process if necessary -To establish informal communication -To liaise with law enforcement agencies -To provide/share relevant information/materials/evidence -To establish focal points -To establish informal communication

Identification of Potential Victims of Human Trafficking A Working Guide for Diplomatic and Consular Personnel CBSS TF-THB and IOM Moldova Joint Project Manual

Identification of Potential Victims of Human Trafficking A Working Guide for Diplomatic and Consular Personnel Ø To provide diplomatic and consular personnel with easy to access information on: n n n The role of diplomatic and consular personnel in the identification, assistance and referral process What is THB and its Legal framework “Push and Pull” factors between Countries of Origin and Destination Myths and Misunderstandings The Schengen Accord Identification and Interviewing of Vo. Ts Special guidelines for identifying and assisting minors Referral Mechanisms How and where to refer for further assistance IOM Approach General information on the CBSS, Task Force, Strategic activities of the TF-THB 2008 -2010

Thank you very much for your attention Ms. Stella Rotaru Repatriation/Database Specialist Prevention and Protection Programme IOM Mission to Moldova Tel. +373 22 23 29 40/41 + ext. 112 Fax: +373 22 23 28 62 Mob. +373 69 0000 28 E-mail: srotaru@iom. int ; rostella 13@yahoo. se ;