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1. Directive on the verge of formal
adoption
On 6 November 2003, the European Union Council
of Justice and Home Affairs ministers reached agreement on a
directive on granting a residence permit to trafficked people
if they co-operate with the authorities. If they meet the relevant
criteria, the trafficked person will receive assistance and
be issued a residence permit for at least six months, allowing
them to stay legally in the EU during the relevant proceedings
and to have access to the labour market and pursue vocational
training and education. Under the agreed directive individual
EU countries will be left to decide how access to the labour
market is granted.
The Directive no longer stipulates a one month reflection period
and instead says trafficked people should "be given a period
in which to reflect on their position" so that they can
"reach a well informed decision" as to whether to
co-operate with the appropriate authorities.
The reservations of two national parliaments still have to
be lifted before the Directive is formally adopted. After this,
the Directive will be incorporated into national legislation
and at this stage it is likely that individual governments will
need to be lobbied as they will be free to interpret what they
consider to be an adequate period to reflect and make an informed
decision on whether to co-operate with the authorities and how
they will allow trafficked people to access the labour market.
2. Italy amends trafficking and slavery
legislation
On 11 August 2003, the Italian Government passed Law No.228.
This Law amends existing articles of the penal code and provides
for prison sentences of between eight and 20 years for: holding
another person in slavery or servitude; trafficking in human
beings; the sale, purchase or transfer of anyone into slavery
or servitude. The penalties in all these case will be increased
by one third to 50 per cent if the offences are against those
"under 18 or for sexual exploitation, prostitution or organ
removal purposes".
Article 12 of the Act establishes an Anti-Trafficking Measures
Fund to finance support, social integration programmes and other
social protection measures for trafficked people. Confiscated
proceeds of crime from the offences referred to above will contribute
to the funding of the Fund. Article 13 of the new Act provides
resources of 2.5 million euros a year for a special support
programme to guarantee adequate accommodation, food and healthcare
to trafficked people and those held in slavery or servitude.
3. Greece opens shelters for trafficked
people
The Greek Government has provided 2.4 million euros in grants
to finance six shelters for trafficked people in Greece. The
first of these shelters has opened in Athens and is being run
by Doctors of the World. Funding from Greece's 600 million euros
aid package to the Balkans has also been allocated to NGOs in
these countries, which provide rehabilitation for trafficked
women who have decided to return home. Doctors of the World
has stated that the mandatory repatriation of foreign women
working in the sex industry has not reduced trafficking and
that trafficked people should be allowed to apply for residence
and work permits in Greece.
4. UK considers migration policy and new
trafficking law
The Guardian (14 November 2003) reported comments made
by the Home Secretary, David Blunkett MP, in which he highlighted
the contribution made by irregular migrants to the UK economy.
He said "There is no doubt that a large proportion of our
catering and hospitality industry, particularly in London and
the south-east, are relying on clandestine employment."
He also recognised that many of these migrants are being exploited
and do not have employment rights. Mr Blunkett ruled out any
question of a general amnesty, but is considering an "earned
regularisation scheme" for irregular migrants who are making
an economic contribution and have not abused the system.
The UK Government also announced on 27 November 2003, a new
Bill that will make it an offence to traffic people into and
out of the UK for exploitation (defined as slavery, forced labour
or the use of force, threats or deception to induce someone
to provide services or benefits of any kind to another person
). Those found guilty of this offence will face a maximum penalty
of 14 years in jail. This offence is part of the new Asylum
and Immigration (Treatment of Claimants, etc.) Bill. The
Bill also introduces an offence of entering the UK without a
valid immigration document with a maximum penalty of two years
in prison. It appears that all those who comply with instructions
to destroy their passport or give it to the person who facilitated
their arrival in the UK (including trafficked people and refugees)
would be criminalised under this proposal. To access the full
text of the Bill go to: http://www.publications.parliament.uk/pa/pabills.htm
5. Publications, job offers and
other information
Anti-Slavery International has published The Migration-Trafficking
Nexus: Combating trafficking through the protection of migrants'
human rights. This report considers the links between migration
and trafficking. It particularly highlights the growing demand
for migrant labour in developed countries and argues that the
promotion and protection of migrant workers' rights could reduce
trafficking and boost development. The report includes case
studies, examples of good practice, and an analysis of international
standards relating to migrant rights, forced labour and trafficking.
The 28-page report can be accessed free as a PDF
or bought (£3.50
plus p&p).
The International Catholic Migration Commission's (ICMC) First
Annual Report on Victims of Trafficking in South Eastern Europe
is now available in PDF format on the ICMC web site.
The report provides verified figures regarding the number of
trafficked people identified and assisted in the region, including
Albania, Bosnia-Herzegovina, Bulgaria, Kosovo, Macedonia, Moldova,
Montenegro, Romania and Serbia. The report also assesses existing
protection measures, identifies areas for improvement and gives
examples of good practice. The report can be accessed in the
publications section at: http://www.icmc.net/docs/en/programs/cotraff
The ILO's Special Action Programme to Combat Forced Labour
is currently recruiting two Chief Technical Advisors for a anti-trafficking
projects in West Africa and South East Asia respectively. The
job descriptions and details of how to apply are available as
a
PDF download. As with other downloads on this
page you will need Adobe Acrobat software to read it. Adobe
Acrobat is available for free, click to download.
December 18 has just launched their new website which has,
amongst other tools, a directory of organisations working on
migration issues, a documents section, back copies of Migrant
News and a calendar of events. They have already launched
the English and Spanish versions and will transfer the French,
Dutch and Italian sections in the near future. Visit
the site at: http://www.december18.net
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