Risk Assessment and the Safe Return and Reintegration of Trafficked Persons

• Authors: Elisa Ludwig
• Languages of publication: EN

Abstracts

EN

Human trafficking is a complex crime and a capital perpetration against human rights and in particular women’s rights. Moreover, it is a threat to inter-/national security and freedom. People affected by trafficking often want to or even have to return to their home countries – and they are entitled to a safe return. The expertise on Risk assessment and the Safe Return and Reintegration of trafficked persons from the perspective of Polish institutions aims to enable public officers of Poland to prevent retrafficking and/or other harms and violations of human rights, in case that trafficked persons decide to return to their countries of origin or to resettle to a third country. For that matter, the paper starts with describing the identification process as the most important step in order to enable any further assistance concerning support-, protection-, safety- and possible legal measures; including the preferably voluntary return of a survivor. Having a clear definition of human trafficking – orientated on the Polish Penal Code – is the basic requirement in order to properly identify (presumed) victims of trafficking. As experience and empiricism show, failure in the identification procedure is the most common reason for repeated trafficking in human beings or other violations of human rights. Therefore, the indicators presented in this chapter serve as an identification-checklist for the officers concerned. The experts responsible of the formal identification then have to act upon any suspicion that may arise. As soon as this is given, a reflection period has to be granted to any presumed victim. The provision of this reflection period represents an indispensable principle in the adequate assistance of trafficked persons and is highlighted at the end of the chapter on identification. In the following, the paper continues with the framework of a safe return, where the measures necessary to successfully carrying out a proper risk analysis and designing security scenarios are introduced. In order to prioritize the trafficked person’s rights, safety and dignity, coordinated action in conducting a safe return between state actors and NGOs, embassies and consulates have to be emphasized. After putting a spotlight on the importance of a human rights based approach in the assistance of trafficked persons, the expertise goes more specifically into the required steps to conduct a systematic risk assessment. Here, the history of the trafficked person, research on additional sources in order to compile all possible facts and the concerted shaping of security scenarios between all involved actors are pointed out. A safe return always has to include a successful reintegration in the country of origin respectively in a third country, where the trafficked persons might need to be resettled. For this reason, the situation for survivors after the return is examined. As part of the monitoring procedure, actors have to assess the success of a safe return including the reintegration experiences of a trafficked person. The respective indicators to ensure a successful reintegration are enlisted at the end of that chapter. Finally, the expertise discusses the specific role of Polish public authorities and deals with their prospects and challenges, before it completes with examples from the practical experiences of Anti-Trafficking NGOs. Exigencies like the cooperation with specialized NGOs as early as possible during the identification phase, the provision of legal residences, the needed interventions concerning free mobility of trafficked persons and the requirements to support departure, migration and entry processes are examined more in-depth in the penultimate chapter. Eventually, the expertise describes specific challenges Polish public authorities have to face and closes with the chapter to a Best Practice and a Worst Case Scenario from Anti-Trafficking NGOs.

Keywords

EN

risk assessment; safe return; trafficked persons; reintegration

PL

reintegracja; handel ludźmi; ofiary handlu ludźmi; risk assessment; safe return; trafficked persons; reintegration; reintegracja; handel ludźmi; ofiary handlu ludźmi; risk assessment; safe return; trafficked persons; reintegration

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Archiwum Kryminologii
• Year: 2016
• Issue: XXXVIII
• Pages: 141-160

Dates

published

2016-01-01

Contributors

author

Elisa Ludwig

References

• R. Surtees, Re/Integration of Trafficked Persons: handling ‘difficult’ cases, Brussels-Vienna 2008, https://nexushumantrafficking.files.wordpress.com/2015/03/reintegration-of-trafficked-persons-handling-difficult-cases.pdf.
• M. Van Houte, M. de Koning, Towards a better embeddedness. Monitoring assistance to involuntary returning migrants from Western countries, Centre for International Development Issues Nijmegen: Radboud Universiteit Nijmegen 2008.
• Journal of Laws of the Republic of Poland 2010: No 98, item 626.
• Addendum to the OSCE Action Plan to Combat Trafficking in Human Bings: One Decade Later, 2013.
• Council of Europe Convention, 2005.
• Council of Europe, Convention on Action against Trafficking in Human Beings, Warsaw, 16.5.2005, http://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008371d [assessed: 5.10.2016].
• Directive 2011/36/EU of the European Parliament and of the Council of 5. April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Councils framework decision 2002/629/JHA.
• European Commission Expert Group on Trafficking in Human Beings, 2004, https://ec.europa.eu/anti-trafficking/eu-policy/report-experts-group-trafficking-human-beings_en [accessed: 12.10.2016].
• European Commission, Poland 3. Implementation of Anti-Trafficking Policy, 2016, https://ec.europa.eu/anti-trafficking/member-states/poland-3-implementation-anti-trafficking-policy_en [accessed: 17.10.2016].
• ICMPD, Transnational Referral Mechanism, 2008.
• IOM, Coping with Return, Netherlands 2006.
• La Strada Moldova, La Strada Express, Moldau 2007.
• Legal and Protection Policy – The Identification and Referral of Trafficked Persons to Procedures for Determining International Protection Needs, UNHCR, Brussels 2009.
• LEFÖ-IBF, Monitoring standards, Vienna 2015.
• LEFÖ-IBF, Quality standards for risk assessment and the safe return and reintegration of trafficked persons, Vienna 2011.
• OSCE Action Plan to Combat Trafficking in Human Beings, 2005.
• OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking (2002) – Addendum to the Report of the United Nations High Commissioner for Human Rights (E/2002/68/Add. 1), http://www.ohchr.org/Documents/Publications/Traffickingen.pdf [accessed 1.11.2016].
• OSCE-ODIHR, Expert Meeting on Human Rights Protection in the Return of Trafficked Persons to Countries of Origin. Report, Warsaw 2009.
• OSCE-ODIHR, Guiding Principles on Human Rights in the Return of Trafficked Persons, Warsaw 2014.
• OSCE-ODIHR, Human Rights Protection in the Return of Trafficked Persons to Countries of Origin. Report of the Side Event Human Dimension Implementation on 1st October 2009, Warsaw 2009.
• OSCE-ODIHR, Report of the Meeting on Human Rights Protection in the return of trafficked persons to countries of origin on 14th April 2010, Warsaw 2010.
• Towards Greater Accountability. Participatory Monitoring of Anti-Trafficking Initiatives: Rebuilding Lives. The need for sustainable livelihoods after trafficking, GAATW 2015.
• UN Global Plan of Action to Combat Trafficking in Human Beings, 2005.
• UNODC, Toolkit to Combat Trafficking in Persons. Global Programme against Trafficking in Human Beings, United Nations Publication, New York 2008.

Identifiers

DOI

10.7420/AK2016H