The role of NGOs in combating human trafficking and supporting (presumed) trafficked persons

Transcription

1 Department of Information Society and Action against Crime Directorate of Cooperation Directorate General of Human Rights and Legal Affairs Project on Combating and Preventing Trafficking in Human Beings in Azerbaijan The role of NGOs in combating human trafficking and supporting (presumed) trafficked persons Presented by: Suzanne Hoff The International La Strada Association, The Netherlands February 2011 The views expressed herein can in no way be taken to reflect the official opinion of the Council of Europe

2 I would like today to speak about the role of NGOs in combating human trafficking and supporting (presumed) trafficked persons. I refer in particular also to presumed, as often trafficked persons are not yet fully identified or not yet given the (legal) status of identified trafficked persons, when they apply for support to NGOs, like La Strada. La Strada International (LSI) The International La Strada Association or La Strada International (LSI) is a European NGO network against trafficking in human beings, with currently 8 full members in Poland, Belarus, Czech Republic, Ukraine, Moldova, Bulgaria, Macedonia and the Netherlands. The focus of the network lies on Europe and on trafficking of women. Currently the membership of La Strada Bosnia Herzegovina is frozen for a period of 2 years. The cooperation between the LSI member organisations dates back to Last year on 15th September 2010, LSI celebrated its 15th anniversary. All La Strada member organisations are independent organisations; with a background in women rights and a specific focus on prevention of human trafficking. Some members also work on the issues of domestic violence, gender based violence and child trafficking and other related issues. The LSI secretariat was registered in October 2004, in the Netherlands as an association under Dutch law. The secretariat focuses on international networking, lobbying and public relations on behalf of the member organisations, in order to ensure that human trafficking is addressed at a higher political level. It produces common policies and action plans and harmonises, monitors and evaluates the work of the member organisations. The secretariat further maintains and expands relations of the La Strada network with national and international organisations and NGOs, supports capacity building of the members and provides a forum for European NGOs on the issue of human trafficking. LSI also manages an online documentation centre as well as an international La Strada website. The LSI members are all represented in LSI s General Assembly, which is the final decision making body. Separately there is a board of max 3 members. Additionally LSI has an advisory council consisting of externals; who advise LSI. The members share a common mission statement and are bound by membership criteria defining the shared core values, vision and mission and by a code of conduct describing the internal cooperation and communication of the network. The members work on in particular national lobby & advocacy, awareness raising & information provision; prevention and training; direct support programmes, and capacity building. LSI general objectives The reason to establish La Strada back in 1995, was to ensure that NGOs should work together; could learn from each other, have a common voice and above all be able to refer trafficked persons further. As human trafficking is often an international crime, efforts to prevent and combat trafficking have to be international as well. La Strada International main objectives are: To facilitate and improve the safe return and social inclusion (reintegration) of trafficked persons and to provide direct and indirect support to trafficked persons (legal, social, psychological); To educate/inform potential victims (risk groups) about the risks of trafficking and educate professional groups about trafficking in human beings, including the identification and treatment of trafficked persons; To raise awareness, influence public opinion and advise and stimulate governments and other key actors and to take action towards a human rights based approach to anti-trafficking; To fill the information gap on the situation of trafficking in human beings, by providing accurate statistics and case studies and by analysing and conducting research on the issue, in particular on root causes;

3 To promote the LSI model (a human rights-based approach to anti-trafficking), to support other NGOs and key actors in their capacity, and to stimulate mutual cooperation in (inter)national campaigns; To further strengthen the La Strada members in their capacity as expert centres and service providers, in particular in relation to their main objectives (social assistance and prevention). LSI human rights approach LSI approach is based on the principles of universal human rights; referring to: Equality, non-discrimination, participation and empowerment of trafficked persons and risk groups. Services are offered on a voluntary basis, guaranteeing confidentiality and safety Respect for choices and decisions, no victimisation or stigmatisation, no judgements; e.g. La Strada support someone s decision to work in the sex industry. Needs, views and concerns of the (individual) trafficked persons are central LSI s accountability and transparency Although human trafficking is recognised as a gross violation of human rights, current national and international anti trafficking policies are often instruments to fight organised crime and do not effectively address the roots causes of trafficking nor do they deal with the human rights violations that trafficking causes. A human rights based approach requires unconditional support and assistance for trafficked persons and opposes anti-trafficking measures that can harm the human rights of trafficked persons or other affected groups, for example by restrictive migration policies, closed shelters or compulsory cooperation with the police, raids on brothels. La Strada International believes that human rights should be at the core of any anti trafficking strategy and the norms, standards and principles of the international human rights system are to be integrated into all legislation, policies, programs and processes. European THB situation Whether human trafficking has increased or decreased is difficult to define, as there are so many factors and issues to look at to be able to define this. There is an increase of data collection and more research conducted, and registration figures often show increases. It still remains difficult to define the exact scope of human trafficking in Europe. Despite the fact that there is little reliable data on trafficking in human beings, it is evident that thousands of persons are being trafficked within, to and from Europe every year. Trafficked women, men and children are exploited and forced to work or offer certain services under exploitative and often slavery-like conditions. Persons appear to be trafficked from a younger age, and internal trafficking has become more common, both in Western Europe and the Eastern parts of Europe, while human trafficking routes originate further away. Another trend in the last few years is an increase in the number of men identified and referred as trafficked persons. Whilst the majority of trafficking cases identified in and from the La Strada countries are still for the purpose of sexual exploitation, increasingly cases are identified for other purposes than sexual exploitation. All forms of human trafficking are now looked at and an increased variety of actors/stakeholders is involved in addressing the phenomenon. Over the last decennia much action has been taken by a large group of actors in Europe, including policy makers and NGOs. There is an EU expert group, there is a European coordinator, there are national coordinators and European and national action plans and numerous policy documents and new legislation. The Council of Europe has GRETA and the UN a Special Rapporteur on Human Trafficking. There is also more awareness at the broader European level for the issue, however still it remains difficult to state that human trafficking is adequately addressed. More focus should be made on implementation of all these measures and in particular monitoring and evaluation of the effects. Bottlenecks NGOs

4 NGOs, similar to other actors in the anti-trafficking field, are to a large extent dependent on the environment they work in. There are numerous external factors contributing to human trafficking which they can not change or solve, including changes in the social, economical and political situation. Moreover others actors governments and donors might set the rules and specific criteria for their support or funding on the role of NGOs, on which actions to take or on how to run a shelter. They might not see the need for, or not recognize, the role of NGOs. NGOs also lack funding besides lacking donors or funding opportunities there is competition amongst NGOs for funding - and are often not sustainability. Often NGOs that address the issue of human trafficking are relatively small organisations, but responsible for an extensive mandate and variety of tasks. What can anti trafficking NGOs offer? Within the anti trafficking field, NGOs should play the role others do not play. Cooperation among all stakeholders is essential. NGOs need cooperation with all actors in the anti trafficking field and can offer their support to other actors. NGOs can support identification of trafficked persons and adequate support, including legal, psycho-social and basis support & (Safe) referral and (re)integration of trafficked persons. They can also help trafficked persons in making a decision on cooperation with the authorities. Due to their direct social support services and direct contact with trafficked persons, NGOs can win the confidence of their clients; which often leads to the willingness to testify and better witnesses in court. NGOs can also provide accurate information and contribute to awareness raising. Among others LSI and its members provide information to national Rapporteurs and coordination bodies, also contribution is given to research and information is used for lobby and advocacy (statements and shadow reports) and services improvement on the other hand. What should NGOs do and not do? In particular NGOs should play a watch dog role. NGOs should monitor the process of development and implementation of international legislation and national policies. NGO should check the impact of measures and actions taken (do no harm) and NGOs should be as critical towards themselves and partner NGOs as towards authorities. In cooperation (agreements) it is vital to recognise and respect the different interests, to define the different tasks and responsibilities and to safeguard autonomy of NGOs/civil society. This ensures that the various aspects of the complex phenomenon of human trafficking are all dealt with and that all actors can concentrate on their primary tasks and responsibilities. NGOs should not be expected to; provide information or refer trafficked persons to the law enforcement without the consent of the person involved; get involved in criminal investigations neither file or provide information on criminal aspects of a case, or take over the role of the government/other actors but rather offer alternative services. The independency of NGOs is vital and should be respected. NGOs should be able to raise a critical voice regardless their funding - and be supported to implement activities based on the grass roots experience (field work) and not dictated from above. NGO should not just follow instructions of donors and governments. LSI/NGO lobby and advocacy For NGOs it is very important to be recognized by the other actors for their role. The La Strada member organisations and the international secretariat have gained respect for their work and have been invited to advise the government, among others on the implementation of their National Action Plans and national legislation. LSI secretariat and the members are funded by national and international governments and donor agencies, including the European Commission. La Strada International is represented in the Expert Group on human trafficking of the European Union; a group which advises the European Commission on current developments at the European, national and international level. LSI is also a member of the OSCE Alliance Expert Coordination Team (AECT), set up by the Special Representative on Human Trafficking of the OSCE. Based in Vienna, the AECT comprises of representatives of the UN, OSCE and EU bodies, as well as representatives from other

5 leading international organisations and NGO networks active in the field (among which UNDP, UNODC, UNHCR, UNGIFT, OSCE ODHIR, IOM, ILO, Save the children, Terre des Hommes etc). LSI has secured an observer status at the Committee of the Parties for the monitoring mechanism for the Council of Europe Convention on Trafficking, GRETA. LSI was further granted the ECOSOC status by the United Nations. La Strada International s lobby and advocacy in particular targets European bodies. As for the European Union, LSI for example monitored the developments around the evaluation of the EU action plan, the instalment of the EU expert group, the proposal for a new EU directive and the debate around a European 116 helpline number. As for the Council of Europe, LSI mainly lobbied for further signing and ratification of the Council of Europe Convention, for the monitoring procedures and the mission to be conducted by GRETA and involvement of NGOs. As for the UN, LSI mainly followed the mandate of UN Rapporteurs, in particular the Rapporteur on human trafficking. Next to monitoring, LSI often in cooperation with other NGOs at the European level, uses concrete actions to raise its points of view, including development of campaigns, publication of statements, representation at meetings etc Prevention work The prevention work done by La Strada is various. LSI members map risk groups and define target groups for prevention work. They offer trainings, raise awareness among specific target groups via prevention materials and lectures and run helplines. The helpline consultants provide information on destination countries, including information about the national situation and legislation of these countries. Also useful telephone numbers, safety tips, possibilities of help in case of emergencies are provided. LSI member organisations also register and referral calls to ensure adequate support. All LSI helplines are operational 24 hours now. Some of them are toll free. There are manual written for the helpline consultants and trainings are given. LSI aims to strengthen the helplines services further in the coming years. Social support services (art 12) As referred to in the Council of Europe s convention on human trafficking, article 12, social assistance is to be provided to trafficked persons. Social assistance is one of LSI s core activities and the main reason for LSI s existence. The type of support provided depends on the individual situation, the specific needs of the person concerned and, of course, on the available services and resources. At the beginning of each contact with a trafficked person, an individual Needs Assessment is made. Support services vary from crisis (emergency) intervention to the implementation of long-term assistance programmes. Services include: running a hotline, arranging for a safe return home, meeting women at the airport, the railway or coach station, addressing immediate needs such as clothing, food and other basic necessities, facilitating contacts with consulates or embassies to obtain new identity or travel documents, assistance with contacting family members, arranging a safe shelter, providing emotional support, counselling and psychological support or referral, providing healthcare or legal aid, support during court cases and assistance in organising education or in finding a job. La Strada members also provide contact with agencies such as the police or the local authorities, to represent and advocate for the interests of the trafficked persons concerned. Capacity building and international NGO cooperation LSI is committed to the development of strong and independent civil society in Central and East Europe on the issue of human trafficking and related issues is further apparent via trainings and consultancy provided at a regular basis to other NGOs and at the biennial La Strada platform for NGOs that work in the field, for cross sector networking, capacity building and cooperation. An NGO platform is planned for April 2011, as well as a meeting with the European members of GAATW. The cooperation with NGOs is used for referrals, for exchange of information, for cooperation on common projects and now and then for exchanges and training on capacity building. In nearly all La Strada countries, regional and national networks are established. Regarding NGO cooperation, LSI is a member of the Global Alliance against Traffic in Women (GAATW), the Brussels-based Human Rights

6 and Democracy Network (HRDN), the Platform for International Cooperation on Undocumented Migrants (PICUM), as well as the Association for Women's Rights in Development (AWID). In addition, La Strada International is a project partner in several European projects on trafficking in human beings, thereby also ensuring that duplication of efforts is avoided and, moreover, to ensure that the activities of involved organisations (NGOs from different European countries) are complementing each other in order to reach efficiency and good results. This is done through regular updates, sharing of information and best practices, and attending project meetings. Current projects focus on the development of human rights reports, collection of information (facts and figures) on the issue of human trafficking, the establishment of an NGO platform and ensuring access to compensation for trafficked persons. Compensation Comp. ACT (art 15) The Council of Europe convention refers in article 15 to the need for compensation to trafficked persons. Compensation payments to trafficked persons are still rare. Compensation is so far claimed in criminal or civil proceedings; either there are special compensation funds. In general, compensation mechanisms exist in most European countries. Despite the frameworks in place, compensation remains one of the weakest rights of trafficked persons when it comes to accessibility. There are obstacles at national level that make the actual receipt of compensation in trafficking cases very difficult; e.g. trial can take a very long time and the trafficked person might have left the country before the verdict. Further more often trafficked persons are not informed about their rights, or do not receive legal aid, or there is lack of knowledge in general on compensation measures by authorities and others, including NGOs. Compensation, however, is an essential way to support the reintegration of trafficked persons; by creating a sense of justice and recognition for the exploitation and lost earnings and by empowering trafficked persons by providing them with an independent and unconditional start-up capital. From LSI (together with Anti-Slavery International) implements the European Action for Compensation for Trafficked Persons (COMP.ACT) in 14 partner countries. The COMP.ACT project brings together stakeholders in the anti-trafficking field on the issue of compensation, including NGOs, the legal community, labour unions, migrant rights organisations and academics. This project combines national and international action-oriented research, awareness raising and advocacy for policy change with capacity building and concrete actions of direct implementation, such as the initiation of test cases in court to receive compensation for material and immaterial damages. Jurisprudence is necessary to create precedents and increase knowledge of various compensation mechanisms and possibilities. The final project aim is to streamline compensation measures into national and European legislation and practice. LSI sees compensation as a recognition for violation of rights, as a remuneration of unpaid wages & restitution for (material & immaterial) damages For more information on the Comp. ACT programme, see For more information on La Strada International, see