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Standard Operating Procedures for Trafficked Persons in Kosovo

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Standard Operating Procedures for Trafficked Persons in Kosovo Government of Kosovo Ministry of Internal Affairs Office of the National Anti-Trafficking Coordinator Standard Operating Procedures for Trafficked Persons in Kosovo This publication has been produced within the framework of the project “Strengthening Institutions in the fight against trafficking in human beings and domestic violence” funded by the EU Office in Kosovo and implemented by KMOP. Its content is the sole responsibility of KMOP and does not necessarily reflect the views of the European Union. Office of the National Anti-Trafficking Coordinator (ONATC)/Anti-Trafficking in Persons Secretariat (ATIPS) MIA New Building St. Luan Haradinaj N.N. 10 000 Prishtina Tel: +381 38 200 19 004 E-mail: [email protected] 2 Foreword Trafficking in human beings is the slavery of our times that affects all countries around the world, including Kosovo. Women, men, and children are moved internally or cross-border to be exploited in prostitution, different labour sectors, forced begging, illegal activities, and organs trafficking. It is a scourge that must be fought against at the local, national, and international level through unremitting effort and cooperation among different stakeholders and anti-trafficking practitioners. In the last decade, Kosovo has been at the forefront of this fight by enacting a far-reaching anti- trafficking framework, including proper legislation, national strategies, action plans, a coordinating and implementing mechanism against trafficking in human beings. At the centre of the anti-trafficking framework, Kosovar authorities have always placed the protection and respect of the rights of trafficked persons. The Standard Operating Procedures for Trafficked Persons in Kosovo (SOPs) are certainly one of the main outcomes of Kosovo’s long-standing engagement in the fight against human trafficking through multi- agency and multi-disciplinary cooperation. This document is in fact the result of a participatory process that involved a wide range of representatives and experts of the governmental, non-governmental and international organisations from the very first version of the Standard Operating Procedures in Kosovo (SOPs) drafted back in 2004 until today with this new further improved version supported by the EU Office in Kosovo. I am very proud of this process and sincerely grateful to all persons and organisations that jointly contributed to the improvement of the anti-trafficking operational response to human trafficking in Kosovo. This shared effort allows stakeholders and practitioners to be equipped with comprehensive and coordinated procedures to identify, protect and assist national and foreign trafficked persons. The new revision of the Standard Operating Procedures for Trafficked Persons in Kosovo shows the great commitment of the Kosovar authorities in the fight against human trafficking and, most of all, in ensuring full protection and support to trafficked persons at all stages of their referral, identification, and assistance through a better harmonised multi-agency response. The lessons learned from the past SOPs implementation have indeed been taken into account into the current document so to better meet the needs of the trafficked persons, to provide more detailed guidance for the involved stakeholders, to align the procedures with the changed institutional framework in Kosovo, and to ensure their full compliance with European and international standards. The revision and adoption of the new Standard Operating Procedures for Trafficked Persons in Kosovo is part of a wider process aimed at the strengthening of the anti-trafficking system in Kosovo to promote the human rights of all trafficked persons without any discrimination on any ground, such as gender, race, language, religion, national or social origin, association with a national minority, political or other opinion, or other status. Because the final aim of all extensive effort was, is and will always be the full protection and support of trafficked persons with the ultimate view to empower them and free our society from one of the most pervasive violations of human rights – trafficking in human beings. Saša Rašić Deputy Minister of Internal Affairs National Anti-Trafficking Coordinator 3 Acknowledgements The Office of the National Anti-Trafficking Coordinator (ONATC) wishes to express its sincere appreciation to all national and local institutions, local and international non-governmental organisations, and international organisations for their generous support and collaboration throughout the process of the revision of the Standard Operating Procedures (SOPs) to identify, protect and assist local and foreign trafficked persons in Kosovo. First and foremost, ONATC would like to express its deepest gratitude to the EU Office in Kosovo, and in particular to Edis Agani, for funding, coordinating, and providing the expertise for the revision of the SOPs within the project “Strengthening Institutions in the fight against trafficking in human beings and domestic violence”, implemented by KMOP. Special thanks to the EU-funded project team, especially to Marco Bufo (team leader), Isabella Orfano and Vassia Karkantzou responsible for the SOPs revision, Yelena Ispiryan for the former SOPs assessment, Arsim Mulaku for the former collection of stakeholders’ and services providers’ contact details and Vjosa Munoglu for her continuous organisational support during the revision process. Special thanks to the Inter-Ministerial Working Group (IMWG) members for their ongoing support and fundamental contributions and input throughout the SOPs assessment, revision, and finalization process: Arben Pacarizi (KP-DITHB), Ramadan Ahmeti (KP-DITHB), Besim Kelmendi (State Prosecution Office), Arben Kqira (Ministry of Justice), Adile Shaqiri (Ministry of Labour and Social Welfare), Lirije Maksutaj (Ministry of Labour and Social Welfare), Valbona Jaha (Interim Secure Facility), Sadije Ajeti (Interim Secure Facility), Filloreta Gashi (Ministry of Health), Fatime Jasiqi (Ministry of Education Science and Technology), Labinot Berisha (Ministry of Youth, Culture and Sport), Luljeta Ibishi (Ministry of Local Governance Administration), Nebih Halili (MoJ-Correction Service), Basri Ibrahimi (Labour Inspectorate), Arta Kelmendi (Victim Advocacy and Assistance Office), Shenaj Berisha (Victim Advocacy and Assistance Office), Flutra Germizaj (GIZ secondee to the ONATC), Vesa Rezniqi (UNDP secondee to the ONATC), Naime Sherifi (Kosovo Shelter Coalition/CPWC Shelter), Hamijet Dedolli (PVPT Shelter), Valbona Citaku (Hope and Children Houses – HCH “Kosovë”), Dee Dee Rodriguez (ICITAP), Isah Maloku (ICITAP), Eliza Thana (OPDAT), Petrit Sopjani (IOM), Valentina Bejtullahu (OSCE), Valbona Dermaku (OSCE), Birgitte Lettner (EULEX), Sean Early (EULEX), Violeta Rexha (EULEX), Stela Haxhi (EULEX), Artur Marku (Terres des hommes), Naim Bilalli (Terres des hommes), Afrim Ibrahimi (UNICEF), Shaban Murturi (UNICEF). Finally, the ONATC would like to thank all anti-trafficking professionals from the different agencies working in the field and IMWG members for their active and fruitful participation to the workshops held in Pristina and Prevalla (respectively 23 May 2012 and 20-21 June 2012) to discuss the former SOPs assessment and to develop recommendations, which have been included in the current SOPs version. 4 Acronyms ATIPS Anti-Trafficking in Persons Secretariat CM Case Manager CSW Centre for Social Work DCAM Department of Citizenship, Asylum and Migration DITHB Directorate for Investigation of Trafficking in Human Beings EC European Commission EU European Union EUROPOL European Police Office ICITAP International Criminal Investigative Training Assistance Program ICMPD International Centre for Migration Policy Development ILECU International Law Enforcement Cooperation Unit Enforcement ILO International Labour Organization IMWG Inter-Ministerial Working Group INTERPOL International Criminal Police Organization IO International Organization IOM International Organization for Migration ISF Interim Secure Facility MARRI Migration, Asylum, Refugees Regional Initiative MIA Ministry of Internal Affairs MLSW Ministry of Labour and Social Welfare NATC National Anti-Trafficking Coordinator NGO Non-Governmental Organization NSAP National Strategy & Action Plan ONATC Office of the National Anti-Trafficking Coordinator OSCE Organization for Security and Cooperation in Europe SELEC Southeast European Law Enforcement Center SOPs Standard Operating Procedures THB Trafficking in Human Beings TRM Transnational Referral Mechanism UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund VA Victim Advocate VAAO Victims’ Advocacy and Assistance Office 5 Table of contents Foreword p. 3 Acknowledgements p. 4 Acronyms p. 5 Table of Contents p. 6 Introduction p. 8 Users’ Guide p. 10 PART A – Kosovo Anti-Trafficking Framework p. 14 Anti-Trafficking Stakeholders p. 15 Institutional Actors p. 15 Non-Governmental Organisations p. 17 Relevant Legislation p. 20 National Legislation p. 20 International Legislation p. 21 Regional Instruments p. 22 European Union Legislation p. 22 Other Commitments p. 22 Guiding Working Principles p. 24 Working Terminology p. 26 PART B – The Standard Operating Procedures p. 31 SOPs I – Identification p. 32 Measure 1: Initial Referral and Registration p. 32 Measure 2: Team Convening p. 33 Measure 3: Information and Basic Needs Provision p. 34 Measure 4: Initial Screening and Case Manager Assignment p. 35 Measure 5: Early Risk Assessment
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