Victim of trafficking

Human trafficking is comprised of three main elements:

ACTION: the recruitment, transportation, transfer, harboring, or receipt of persons

MEANS: threat or use of force or other forms of coercion, abduction, fraud, deception, 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

PURPOSE: all forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs

The consent of a victim of human trafficking is irrelevant where any of the means have been used.

for more information, please see the Palermo Protocol and the Council of Europe Convention.

Identified

There is no universally established list of indicators, usually each country uses its own grid. In the framework of a TRM, a common list of indicators should be established in the framework of bilateral / multilateral agreement(s). Examples of lists used by different countries or institutions are available in the tools and resources tabs.

Training of frontline actors (law enforcement, health professionals, NGOs, etc.) is essential to allow efficient and early identification of VoTs.

Who

Identification can be made by (list is not exhaustive):

- NGOs (specialized or not)
- Social services
- Health care services
- Law enforcement agencies
- AVR counsellors
- Embassy and consulate staff

In some countries, one or several national stakeholders is/are responsible for the official identification of victims of trafficking, granting them with a specific status.

To note:
- Transnational cooperation should start at this initial stage.
- Risk and needs assessment starts at the identification stage and continues throughout the whole assistance process.
- Awareness-raising activities allow general public to refer potential cases to responsible authorities.

How?

General indicators.

Victims of human trafficking may:

● Travel and documents
- Come from a place known to be a source of human trafficking
- Have not organized their journey by themselves
- Have their transportation costs to the country of destination paid by someone else, whom they must pay back (debt bondage relationship)
- Be afraid of revealing their immigration status
- Not be in possession of their travel or identity documents, those documents being held by other persons
- Have false identity or travel documents
- Do not carry own documentation

● Signs of exploitation
- Work excessively long hours over long periods
- Have no day off
- Receive little or no salary
- Have no access to medical care
- Suffer injuries that appear to be the result of an assault or application of control measures
-Employer withholds documentation and/or incomes

● Accommodation and daily life conditions
- Be unfamiliar with the local language
- Live in poor or substandard accommodation
- Not choosing their accommodation and cannot move out from it
- Not being allowed visits from friends and relatives at home
- Not knowing their home or work address
- Have limited or no social interaction

● Freedom of movement and speech
- show fear of anxiety
- be distrustful with authorities
- allow other to speak for them when addressed directly
- be unable to move from a place to another without being accompanied by another person

National Referral Mechanism

A National Referral Mechanism (NRM) is a co-operative framework through which state actors fulfil their obligations to protect and promote the human rights of trafficked persons, co-ordinating their efforts in a strategic partnership with civil society. (OSCE)

Through the NRM, VoTs are provided with (list non-exhaustive):
- Protection
- Accommodation
- Medical assistance
- Legal assistance (especially when the VoT decides to engage in a judiciary procedure)
- Psychosocial counselling

For the TRM to be functionning, NRMs in CoD and CoO should be well established. A clear division of tasks and list of contact details should be made publicly available to faciliate exchanges at both national and transnational levels.

Efforts should be made to ensure that counter-trafficking focal points appointed in relevant institutions do not change too often. This should allow for a more efficient cooperation and facilitate evaluation of work accomplished.

Benefits from integration measures

Depending on the country of destination, integration measures may include: access to accommodation, languages courses, vocational training, psychosocial and health services, legal assistance, etc.

To note: access to specific and/or mainstream integration measures often depends on the victim's status in the country of destination (different types of residence permit). It is important to advocate for the granting of long-term residence permit for victims of trafficking, as it is generally the main ground for integration to take place

Make an informed decision

During the reflection period (from 30 to 60 days after identification) the VoT assesses his/her personal situation. S/he should be informed about his/her right to make an informed decision on whether s/he wants to stay in the country of destination or to return to his/her country of orgin (or residence).

It is important to adapt a victim-centered approach and to encourage contacts (for example through video-conference) with NRM stakeholders in the country of return in order to mitigate the expectations if the victim chooses to return.

Stay in country of destination

The victim requests a residence permit or seeks asylum and is accompanied by NRM stakeholders in his/her integration path in the country of destination. S/he is accompanied in his/her judiciary procedure and to get access to compensation.

country of residence

The return can take place to any country where the beneficiary has the right to stay legally.

Made aware

Information is provided by the return counsellor in the CoD and NRM stakeholders in the country of return. When possible, videoconferences should be organized to discuss about expectations and realistic options in the country of return.

Reintegration opportunities

Reintegration opportunities vary depending on the country of return and programmes available locally. Comprehensive reintegration programmes may include access to health/medical check-up, accommodation, psychosocial support, legal assistance, education or vocational training and assistance to set up an income generating activity.

Risk

The risk assessment covers both internal factors (linked to the personal situation of the victim, for example involvement of family members in the recruitement process) and external factors (such as push factors in country/region of origin)

If the evaluation determines that the case is at high-risk, a risk mitigation plan should be elaborated (a standard form used by IOM is available in the tools tab).

Needs

Victims of trafficking can have very different and various needs, which greatly vary from a person to another. These needs can be (list is not exhaustive):
- health needs
- psychosocial needs
- restoration of family links
- daylife needs (food, clothes...)
- child care needs
- education / training needs

Performed

The risk and needs assessment must be performed by a multidisciplinary team which should include stakeholders of the NRMs in CoD and in CoO. It allows preparing the assistance upon arrival.

Unaccompanied child

The Committee for the Rights of the Child defines unaccompanied migrant children (UMC) as children who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.

Early coordination between NRMs in CoD and CoO is implemented to perform the child best interest assessment and determination (BIAD).

Family tracing and assessment

This assessment is made in the country of return by local organizations which meet with the family members and community representatives to collect information on the socio-economic situation of the family to evaluate what might be the best options for the child in the short and medium-term.

Best interest assessment and determination

The return of a child VoT can be envisaged only if it has been determined as being in his/her best interest so by the competent authority in the CoD during the BIAD. In case of a return, two main options should be explored:

- family reunification: based on the conclusions of the family tracing and assessment performed during the BIAD

- accommodation at a specialized shelter

Stay in country of destination

The risk and needs assessment should be performed as soon as the return is envisaged by the victim, and with no consequence if the s/he decides after this process to stay in the country of destination:

- because the risks assessment shows that the return is not safe enough

- because his/her personal situation has changed and/or he/she doesn't wish to return anymore

Contact details are shared

The victim should receive a booklet with useful contacts and the contact details of the person in charge of reception/arrival assistance.

S/he should be encouraged to provide contact details in order to facilitate follow-up upon arrival. For this, establishment of trustful relationships should be built before departure in CoD.

Travel to country of origin

Travel arrangement includes:
- Acquisition of travel documents
- Purchase of air/train ticket to the final destination

The role of embassies and consulates is key to get travel document, their staff should thus be sensitized and trained on the identification of victims of trafficking and referral.
Ensure safety during travel: direct flights should be privileged, assistance in transit provided if need be, operational escort (compulsory for children VoT) and/or medical escorts organized.

At the airport

Arrival assistance helps going through immigration controls at the airport.

arrival assistance is organized upon consent of the victim only. Indeed sometimes family members come to pick-up the person and are not aware of the experience suffered abroad.

meet and greet upon arrival helps in building a first and trustful link with NRM actors in CoO.

Immediate needs

Immediate needs include : temporary accommodation, medical check-up, subsistance allowance (clothes, food)

Established

One caseworker within NRM stakeholders should be in charge of the individual assistance of the VoT in order to avoid having too many persons involved and having the victim repeating several time his/her story. This referent caseworker will then report to other NRM stakeholders.

Available opportunities

Opportunities vary depending on the country of return and programmes available locally.

Access to justice

Cooperation between judiciary systems in CoD and CoO is key.

Possibility to travel to CoD in the framework of judiciary procedures and to get compensations should be explored.