SOPs for Foreign VoTs
DIRECT ASSISTANCE AND SUPPORT TO FOREIGN TRAFFICKED VICTIMSSTANDARD OPERATING PROCEDURES
Effective as of 6 December 2004
Contents:
Page
1. Co-ordination and basic principles 2
2. Primary roles and responsibilities 3
TPIU 3
IOM 4
VAAU 5
MLSW 6
OSCE 7
LNGO 8
3. Referral Procedure for Presumed VoT 9
4. Referral Procedure for Presumed child VoT 10
5. Terminology 11
6. Abbreviations 12
7. Signatories 13
Co-ordination and basic principles
Undertaking to provide assistance and protection to victims of trafficking in human beings, while acknowledging that trafficking in human beings is a law enforcement and human rights issue,
Direct Assistance and Support (DAS) group consisting of:
UNMIK Police, Trafficking and Prostitution Investigation Unit (TPIU);
UNMIK Department of Justice, Victim Advocacy and Support Unit (VAAU);
International Organization of Migration (IOM) Mission to Kosovo, Counter-Trafficking Unit;
Organization of Security and Cooperation in Europe (OSCE) Mission to Kosovo, Department of Human Rights and Rule of Law;
Ministry of Labour and Social Welfare (MLSW), Department of Social Welfare (DSW); and
Local Non-Governmental Organization (LNGO)
Agree to follow the Standard Operating Procedures (SOPs) for direct assistance to Foreign Victims of Trafficking (VoTs). The purpose of the SOPS is to clearly define the roles and responsibilities of each partner organization and to ensure full cooperation and coordination in the referral system.
The DAS group shall meet to discuss trafficking cases and trafficking trends. Regular meetings are designed to enhance efficient communication and referrals. Any DAS partner can call for an extraordinary meeting on an at need basis.
Each participating organisation will appoint one Trafficking Focal Point and one designate to provide back-up. The name and contact details of the Focal Points and designates will be provided to the other Focal Points and designates. This information and the SOP will be updated and reviewed in three months following the signing of this document and every six months thereafter, or upon request of one of the DAS partners.
All requests for information or assistance or other matters relating to assistance for VoTs will be directed to the Focal Points. All DAS partners agree within the bounds of applicable law to maintain the confidentiality of all records, documents and information that result from participation in the SOP. Information will be shared to ensure the best interest of the VoT in the assistance provided. Interviews will be kept limited in length and frequency by all DAS partners.
TPIU, IOM, VAAU Trafficking Focal Point and MLSW Trafficking Focal Point, aware of the Interim Secure Facility’s (ISF) or the LNGO Shelter’s location, will respect the strictest confidentiality and will not disclose the location of the shelters. Whenever possible, the above mentioned personnel will advise of visits in advance. Shelter Managers will have the final say regarding all visits. There shall be no media access to the shelters or to the VoTs.
Due to security risks to both victims and staff and the lack of services specifically designed for the VoTs, no VoTs shall be placed in domestic violence shelters. Security for those benefiting from the direct assistance, ISF and LNGO Shelter, and for those providing assistance for VoTs, is paramount.
Agreement by a VoT to be placed in the ISF and/or LNGO Shelter is voluntary, and must be based on full and informed consent in the full knowledge that once in any of the facilities, the VoT’s freedom of movement will be restricted for security reasons, unless a pre-arranged TPIU escort or other adequate security can be provided.
The original copy of the Basic Data Form will be transferred together with the VoT and must be completed and signed by all DAS partners who interact with the VoT.
All contacts with victims under the age of 18 require the presence of a social worker appointed by the Center for Social Work.
VoTs with mental health concerns will receive special consideration on a case by case basis.
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SOPs for Foreign VoTs
Primary roles and responsibilities
TPIU
TPIU investigates the trafficking cases and initiates the referral for co-ordinated assistance to the ISF/LNGO Shelter to admit the presumed VoTs into the programme; concurrently, TPIU provides security and information on security, including risk-threat assessments for victims before they are admitted into the programme; provide transport or escort for presumed VoTs; take statements from VoTs; monitor summonses for VoTs to appear before the Courts; and inform the ISF and the LNGO Shelter accordingly. However, TPIU will not provide transportation, security and a risk-threat assessment without having conducted an initial interview. If a victim refuses to be interviewed by TPIU, they should be referred to VAAU, the Center for Social Work (CSW) or appropriate agency for assistance.
Regional TPIU will call the corresponding Victim Advocates and for children-CSW when they have a presumed victim of trafficking. TPIU will not interview a child without CSW present. Only in life-threatening emergency cases, TPIU officers will conduct interviews and the CSW will be informed as soon as possible.
Regional TPIU will provide transport from the region where the presumed victim was found to TPIU Main Headquarters (MHQ) offices. TPIU MHQ will transport the victim for medical check-ups outside of shelters as needed. The TPIU will take the presumed VoT to the medical examiner for a forensic examination as soon as possible and as necessary. TPIU MHQ will provide the victim transport to the ISF. At the request of IOM, TPIU will also provide transport from the ISF to the LNGO Shelter and from the LNGO Shelter to the point of departure of the victim. TPIU will ensure that security at the interview location is provided, that VAAU, IOM, CSW or OSCE staff is not in the same facilities with the trafficker and that a proper and private room for the case screening is arranged prior to the start of the interview, when possible.
TPIU shall provide the shelters accommodating the victim with a risk-threat assessment before admittance into the assistance programme. During the course of the police or court investigation, if the risk level changes, assistance providers shall be advised as soon as possible.
Wherever possible, travel documents and personal belongings should be carried with the victim. TPIU accompanying the victim should take all reasonable steps to obtain these travel documents and personal belongings on behalf of the victim.
TPIU will inform the ISF and LNGO Shelter if the VoT will be summoned to appear before the prosecutor or pre-trial judge, either as a defendant or as a witness. Where such as summons is issued, TPIU will give at least 12 hours notice to the shelters and VAAU/CSW when possible. TPIU will be responsible for the transportation in these cases.
TPIU will provide security, security advice and respond to requests for security assistance for the shelters and representatives of agencies in the direct assistance support (DAS) partners. They will provide immediately to the appropriate Focal Points any information that may affect the security of the Shelters itself or those associated with the shelters.
In the regions, an initial screening will not be conducted with VoTs who immediately request assistance and repatriation. Such persons will be referred immediately for sheltering and TPIU will report such cases to the OSCE for the purpose of monitoring.
IOM
In Pristina region, IOM conducts initial screening of the presumed VoTs until the time when VAs take on this role as foreseen in the Criminal Procedure Code, explains to the VoT the return and reintegration assistance available; arranges return and reintegration assistance to the VoT’s country of origin, upon agreement by the VoT.
IOM will conduct an initial screening in Pristina region of presumed VoTs in the following cases:
· The TPIU requests that IOM speaks to the victim when it is difficult to determine if the person is a VoT.
· A person appears to be a presumed VoT but refuses any assistance by the TPIU.
· A person is identified as a non-trafficked victim by TPIU but is willing to speak to the IOM/VA. IOM will then refer the victim to the appropriate agency for follow-up.
IOM will not conduct initial screening in Pristina with VoTs who immediately request assistance and repatriation. Such VoTs will be immediately referred to the ISF for a reflection period until further met by IOM.
The responsibility for the initial screening will be handed over to the VAAU by mid February 2005.
Upon notification by ISF, IOM will schedule a mutually agreed meeting time to explain to the presumed VoT the return and reintegration assistance programme. The interview will be conducted by IOM and aims at identifying eligible VoTs for the IOM assistance programme and to assess their specifics needs before they are transferred to the LNGO.
If the victim decides to be part of the return and reintegration programme, IOM shall inform the ISF.
Once a VoT is transferred to the LNGO, IOM will initiate and complete return and reintegration procedures to the VoT’s country of origin. Upon request of the VoT, as well as upon the VoT’s needs, IOM will provide the assistance (counselling, cultural mediation and pre-departure activities) in the most convenient time in consultation with the VoT and the LNGO. IOM in co-ordination with the case manager will offer additional assistance to the VoT as necessary.
Once in the LNGO, IOM will participate in the plan placement meeting of the VoT in order to jointly ensure that the needs and the rights of the VoT are fully respected. IOM will also arrange individual and group awareness sessions with the VoTs on the trafficking phenomenon in co-ordination with the LNGO at the most convenient time for the VoT.
IOM will make the appropriate travel arrangements, assist the VoTs in filling the appropriate forms and provide all required travel documentation as needed for the VoT’s safe travel.
Further to the VoT’s health status, IOM will determine the travel plan and will organize travel arrangements to the final destination, coordinating the full assistance during the entire journey. In the framework of IOM return and reintegration assistance each VoT will be tested by a dedicated IOM medical officer to be Fit-To-Travel.[1] In case the VoT is not fit to travel, a different movement with IOM escort is arranged.
IOM will provide a minimum 48 hours notice to TPIU, LNGO Shelter, and CSW in the case of minor, as to departure date and time.
All the above mentioned assistance to the VoTs will be provided by IOM upon careful consideration of their needs and with their fully informed consent in view of the best interest of the VoT.
VAAU
Upon being notified of the identification of a VoT by TPIU, as required by Section 206 of the Criminal Procedure Code (CPC), VAAU shall act to safeguard the rights of the victim, including:
· Appointing a Victims’ Advocate to act as the authorized representative of the alleged victim during all stages of criminal proceedings pursuant to Articles 81 and 82 of CPC;
· Ensuring the provision of translation and interpretation throughout criminal proceedings, including initial screenings/legal information;
· Providing or ensuring the provision of legal assistance throughout criminal proceedings.
Victims’ Advocates will conduct initial screening, upon completion of hand-over by OSCE/IOM.
In cases of child VoTs, the VAAU shall perform these functions in close cooperation with CSW.
VAAU will work in coordination with other agencies in developing and implementing a reintegration and repatriation program for VoTs as required by legal proceedings.
Interim Secure Facility (ISF)
The ISF is responsible for the management and daily operation of the ISF by providing safe accommodation and a reflection period to VoTs and presumed VoTs who have been identified through the referral system, and particularly in the case of high risk victims.
Services provided to a trafficked person accommodated at the ISF include: nutritious meals, clothing, psychosocial assistance, medical assistance as necessary, training in a number of basic skills. The ISF identifies and ensures that VoT’s needs are met. The ISF has final say on admission to the facility.
Upon admission of VoTs, the ISF will notify IOM as early as possible of the arrival of the VoT in order to arrange an appointment on the second or third day after admission to discuss return and reintegration assistance. If the VoT is transferred to the LNGO shelter, the basic data form and medical documents shall also be transferred.
The ISF has the responsibility to initiate a first meeting in co-ordination with the relevant agencies to discuss the exit and social inclusion strategy of the VoT.
The ISF will have the final say on the continued stay of victims at the ISF. In making such a determination, the ISF will consider, amongst other things, the future prospects for social inclusion of victims into society, the security, health and well-being of the victims and/or her/his dependants, the welfare and security of other victims at the ISF, the welfare and security of the staff at the ISF and the overall security of the shelter.
VoTs residing in the ISF may include their children or other dependents.
If outside medical care is needed, the ISF will make arrangements for an appointment with appropriate medical personnel and request an escort to and from the ISF by TPIU. In case of a medical emergency, the ISF will also make arrangements for TPIU to escort the trafficked person to the closest suitable facility. TPIU will be requested to remain at the medical facility for the duration of the stay to provide security.