Human traffic, human rights: redefining victim protection Anti-Slavery International Anti-Slavery International is the world’s oldest international human rights organisation and was set up in 1839. Anti-Slavery International is committed to eliminating slavery through research, raising awareness and campaigning. It works with local organisations to put pressure on governments to acknowledge slavery and to take action to abolish its practice. Anti-Slavery International is a registered charity 1049160 ISBN: 0 900918 55 1 Written by Elaine Pearson Layout by Becky Smaga Indexed by Sandj Information Services Ltd Cover design by Mike Bailey Cover photograph by Dominic Ridley Printed by The Printed Word, Horsham, UK Copyright © Anti-Slavery International 2002 Anti-Slavery International Thomas Clarkson House The Stableyard, Broomgrove Road London SW9 9Tl, United Kingdom Tel +44 (0)20 7501 8920 Fax +44(0)20 7738 4110 Email: [email protected] www.antislavery.org human traffic, human rights: redefining witness protection Acknowledgements This report is based on research reports conducted in ten countries, by Stana Buchowska of La Strada Foundation Against Trafficking (Poland), Bruno Moens of Payoke (Belgium), Fanny Polania Molina (Colombia), Usa Lerdsrisantud of Foundation for Women (Thailand) and Inna Shvab of International Women's Rights Centre La Strada (Ukraine). In the Netherlands, Nigeria, Italy, United Kingdom and the United States, Elaine Pearson conducted the research. Anti-Slavery International would especially like to thank Mike Dottridge for his extensive editorial input and who originally conceived the idea of this research. We also thank our volunteers Barbara Heinzelmann and Alice Peycke who assisted on this report. This report would not have been possible without the assistance and input of many NGOs and individuals who helped us and who are listed in the notes for each chapter. We sincerely appreciate the women and men whose names are not mentioned in this report, but who shared their stories and experiences with us. Finally, we thank the European Union for their financial support. This document has been produced with the financial assistance of the European Community. The views expressed herein are those of Anti-Slavery International and can in no way reflect the official opinion of the European Commission. human traffic, human rights: redefining victim protection Table of contents i Acknowledgements 1. Executive Summary 1 Summary of Recommendations 5 2. Introduction 13 I. Research aims and objectives 13 II. Definitions of trafficking in international law and 14 standards for victim protection III. Structure of this report 19 IV. Country selection 21 V. Diversity of legal systems 22 VI. Research methodology 23 VII. Selection of cases 24 VIII. Working definitions for the purpose of this report 25 IX. Limitations of the research 26 3. Context 31 4. Findings and recommendations 35 I. General 35 II. Investigation and prosecution of traffickers 37 III. Contradiction between laws concerning undocumented 40 migrants and those affecting trafficked persons - the failure to recognise trafficked persons IV. Residency status for trafficked persons 41 V. Protection from reprisals 47 VI. In-court evidentiary measures to protect victim witnesses 50 VII. Right to recovery (assistance measures) 53 VIII. Role of lawyers 55 IX. Legal redress and compensation 57 X. Return and repatriation 60 5. The Netherlands 65 I. Legislation 65 1. Criminal laws 65 contents 2. Other laws and policies affecting trafficked persons 66 II General analysis and comparison of cases 68 1. Investigation and prosecution of traffickers 68 2. Procedures affecting trafficked persons 70 3. Support and assistance to trafficked persons 78 4. Legal redress and compensation 80 III Conclusions and recommendations 82 6. Belgium 87 I. Legislation 87 1. Criminal laws 87 2. Other laws and policies affecting trafficked persons 88 II General analysis and comparison of cases 90 1. Investigation and prosecution of traffickers 90 2. Procedures affecting trafficked persons 92 3. Support and assistance to trafficked persons 99 4. Legal redress and compensation 100 III Conclusions and recommendations 101 7. United Kingdom 105 I. Legislation 105 1. Criminal laws 105 2. Other laws and policies affecting trafficked persons 106 II General analysis and comparison of cases 106 1. Investigation and prosecution of traffickers 106 2. Procedures affecting trafficked persons 109 3. Support and assistance to trafficked persons 113 4. Legal redress and compensation 115 III Conclusions and recommendations 116 8. United States 119 I Legislation 119 1. Criminal laws 119 2. Other laws and policies affecting trafficked persons 121 II General analysis and comparison of cases 124 1. Investigation and prosecution of traffickers 124 2. Procedures affecting trafficked persons 127 3. Support and assistance to trafficked persons 131 human traffic, human rights: redefining victim protection 4. Legal redress and compensation 133 III Conclusions and recommendations 133 9. Italy 137 I Legislation 137 1. Criminal laws 137 2. Other laws and policies affecting trafficked persons 140 II General analysis and comparison of cases 141 1. Investigation and prosecution of traffickers 141 2. Procedures affecting trafficked persons 143 3. Support and assistance to trafficked persons 149 4. Legal redress and compensation 152 III Conclusions and recommendations 153 10. Nigeria 159 I Legislation 159 1. Criminal laws 159 2. Other laws and policies affecting trafficked persons 160 II General analysis and comparison of cases 162 1. Investigation and prosecution of traffickers 162 2. Procedures affecting trafficked persons 165 3. Support and assistance to trafficked persons 168 4. Legal redress and compensation 168 III Conclusions and recommendations 169 11. Thailand 173 I Legislation 173 1. Criminal laws 173 2. Other laws and policies affecting trafficked persons 174 II General analysis and comparison of cases 174 1. Investigation and prosecution of traffickers 174 2. Procedures affecting trafficked persons 178 3. Support and assistance to trafficked persons 180 4. Legal redress and compensation 181 III Conclusions and recommendations 182 12. Colombia 187 I Legislation 187 II General analysis and comparison of cases 187 contents 2. Procedures affecting trafficked persons 192 3. Support and assistance to trafficked persons 194 4. Legal redress and compensation 195 III Conclusions and recommendations 195 13. Ukraine 199 I Legislation 199 1. Criminal laws 199 2. Other laws and policies affecting trafficked persons 200 II General analysis and comparison of cases 201 1. Investigation and prosecution of traffickers 201 2. Procedures affecting trafficked persons 204 3. Support and assistance to trafficked persons 206 4. Legal redress and compensation 208 III Conclusions and recommendations 209 14. Poland 211 I Legislation 211 1. Criminal laws 211 2. Other laws and policies affecting trafficked persons 211 II General analysis and comparison of cases 212 1. Investigation and prosecution of traffickers 212 2. Procedures affecting trafficked persons 214 3. Support and assistance to trafficked persons 217 4. Legal redress and compensation 218 III Conclusions and recommendations 218 15. Partners contact details 221 16. Index 223-8 17. Other publications available from Anti-Slavery International 229 1 human traffic, human rights: redefining victim protection 1. Executive Summary Trafficking in persons comprises a range of human rights violations, which sees crimes committed by traffickers compounded by the inadequate and inappropriate response of governments worldwide. Trafficked persons who escape their situation often find themselves victimised again as a result of the treatment they receive at the hands of the authorities. Daniela 1 Daniela was trafficked from Albania to Italy. Her story is not unusual. She went because she wanted to be able to earn some money for her family, and in Albania there were no jobs for a young woman with little education. A friend from her village helped her emigrate. Once in Italy, the friend sold her to someone else and she was forced into street prostitution. The traffickers forced her to work in prostitution every day and took all her money. She was passed from one trafficker to the next, and finally to one who purported to be her 'boyfriend', and promised to take her away to a better life. He also turned out to be a trafficker and took her to England, putting Daniela to work as a prostitute in a flat. They lived with several other Albanian men and women. Daniela tells how she was beaten by her trafficker and the other men, often with wet telephone wires. One time a client walked out on her when he saw how badly her body had been beaten. She tried to escape once whilst in England, but the traffickers caught her, and as punishment cut one of her fingers to the bone, slowly. In Italy and in England Daniela never even thought about going to the police for help. She had no faith in the police in Albania, whom she knew were corrupt and complicit in the trafficking of women; why, she thought, would the police be different anywhere else? She was also scared of what would happen to her family. Eventually, the traffickers took her back to Northern Italy. Italian police stopped her while she was working on the streets and asked to see her papers. She did not have any. They served her with a deportation notice and gave her 15 days to leave the country. They made no inquiry into her circumstances or offer of help. If they had asked her simple questions they may have 2 Executive summary and summary recommendations ascertained she had been trafficked. They did not inform her about a specific law in Italy that gives trafficked persons who provide information to the police about being trafficked the right to stay in that country and participate in a social integration programme. So after her encounter with the police, she went back to the traffickers, showed them the deportation order and they moved her to another city. Increasingly, governments have responded to trafficking through restrictive immigration policies.