Caritas Europa Migration Forum

Trafficking and smuggling in human beings: causes and consequences

Prague, 8-10 November 2001

Recommendations (final)

Upon invitation by Caritas Europa in November 2001 98 participants from 34 countries gathered in Prague to exchange information and experience from their activities in assisting the victims of trafficking and smuggling and to discuss about short- and long-term strategies of combating trafficking and smuggling of human beings. The participants – persons in charge of migration at Caritas organisations in Europe, representatives from Caritas Internationalis, Caritas of Africa, the Middle East and the US, Christian and other partner organisations, representatives of the Council of Europe, the OSCE and other decision makers and experts – shared background information and analysis. The Forum came up with the following recommendations addressed to Caritas organisations in Europe and worldwide.

Working Group 1

Trafficking in women: Assistance to trafficked women and measures of prevention

Based on the clear distinction between trafficking and smuggling, the Working Group recommends to the Caritas Europa Migration Commission to promote and coordinate Caritas activities on 3 levels:

• Direct assistance to trafficked women: (i) Raising awareness at Caritas organisations in Europe about the situation of trafficked women and promoting to take action; (ii) Since it seems that projects could easily be transferred from one country to another, exchanging best practice seems promising in this area of work; (iii) Caritas should focus on the following activities: offering shelter to women in both, countries of destination and of origin; in the countries of origin providing women who intend to leave the country with information about what they realistically can expect; informing women about their rights in the countries of residence; (iv) all services should be provided in a way so women can develop confidence in them.

• Advocacy: (i) Based on its practical experience, on research conducted and data available Caritas should make visible the problems related to trafficking in women in public. This should include communicating the specific Caritas position to be elaborated; (ii) As to victim protection Caritas should try to influence decision-making processes. After trafficking was defined by the Protocol to the UN Convention against transnational organised crime it was felt the more a shortcoming that there is no definition of the victim. (iii) Lobbying for legislation needed in this area should be realized on national and international level.

• Capacity building and networking: Caritas is committed to increasing cooperation among existing specialised services and with non-governmental and governmental agencies on the basis of a multi-disciplinary approach. The Catholic Network Against Trafficking in Women (COATNET) should function as the focal point for Caritas on European level.

We have to be aware that all activities helping trafficked women still do not address the root causes such as poverty in the countries of origin. Programmes empowering women, offering them a work place and allowing them to lead a self-sufficient life are considered crucial. This means also that repatriation programmes should foresee training and the possibility to achieve self-sufficiency.

Working Group 2

Immigration control overshadowing protection of refugees

There is a conflict between the eagerness of states to control their borders and the desire of individuals to enter an asylum country because they are fleeing a well-founded fear of persecution. Immigration control makes it often impossible or at least very difficult to get access to an asylum country. The fact is that only once inside a country one gets access to protection. This induces persons seeking protection to use the help of smugglers, as legal ways to cross the border are very limited. “Smuggling of refugees” always existed and is not a new phenomenon. The activities of Oscar Schindler and Raoul Wallenberg can certainly be characterised as smuggling. During World War II or during the Cold War smuggling of people was often considered as a heroic deed. It turned out to be a “problem” when during the 90s an “unwanted asylum flow” arrived in Europe. So only when the European countries began to restrict their border controls (visa restrictions, Carrier sanctions, readmission treaties, the system of safe third countries), smuggling of refugees turned out to be a problem and a criminal act.

• Regional protection: Protection programmes closer to countries of persecution are one possibility. However, they cannot be expected to solve the problem. Looking at significant refugee nationalities (northern Iraqis, Sri Lankans, Afghans) we see, that such regional protection programmes do exist but do not prevent people from leaving the neighbouring countries. So regional protection will not remove the demand for smuggling.

• Resettlement programmes: Resettlement programmes in fact are not very effective. For example: Which of the 2 million Afghans in Pakistan should be resettled in Europe? The most vulnerable people will also be the most “expensive” ones and they probably won’t be very productive in an economical sense. As long as the asylum countries are not willing to invest in resettlement programmes the demand for smuggling will not diminish significantly. And even with more and better resettlement programmes the demand for individual protection needs will not be abolished. The working group was afraid that governments try to promote regional protection and resettlement programmes at the cost of the individual asylum procedure. There is concern about possible “discrimination” against the asylum procedure.

• New migration channels: There will always be people leaving their countries due to other reasons than persecution in the sense of the Convention. As actually they do hardly have any possibility to immigrate to European countries, they sometimes choose the asylum option and they do have a demand for smuggling. So a wider migration debate in Europe is necessary (labour needs, family reunion, “green card system”).

• “Asylum visa”: Legislation of some European countries knows the possibility that refugees can apply for asylum in the country of origin at the embassy of the asylum country. This is today more a theoretical than a practicable possibility. Nevertheless this possibility should be developed further.

The working group as well discussed possibilities to encourage Caritas organisations to develop projects in the field of facilitating legal access to asylum countries. Legal assistance at airports could be such a field for projects. Refugees choosing this way to enter an asylum country should benefit from legal assistance and other services at airports.

One of the main aims of Caritas organisations should be the continuation of advocacy to influence EU legislation. It was pointed out that advocacy and policymaking should not only be done in Brussels on EU-level but as well on a national level. The influence on national decision makers is often more important than lobbying in Brussels.

Migration is not a problem that can ever be solved. In fact the question is, if migration is a problem at all? Wouldn’t it be better to focus on the positive aspects and the benefits of migrations than to debate on the differences between “illegal an legal entry”?

Smuggling of refugees will never recede totally but we can reduce the proportions of smuggling by improving the immigration system. Refugee smuggling is a part of the globalized world in which economical activities do not know borders but where people escaping from persecution cannot flow freely across borders.

Working Group 3

Legal ways of immigration might be one measure in a set to combat trafficking

It has to be stated that the control measures aiming at preventing irregular immigration and the fight against traffickers are a failure generating relevant costs hardly to be determined: the money could be more effectively spent.

The need for information: Opening legal channels of immigration is an important step, however insufficient. Priority is to be put on information: (i) to be provided in countries of origin and of destination as well; (ii) about the conditions of legal immigration, but also about the very real conditions of a migrant’s life; (iii) accompanied by sensitisation of public opinion through the media, but also by political courage of decision-makers.

Channels of legal immigration need to take into consideration concrete reality: If countries need work force they should first check among the foreigners already present on their territory. Many countries seek for workers far away. Priority should be given particularly to those living in a situation of administrative irregularity (sans papier). It is considered crucial to request regularisation and to coordinate respective campaigning.

Legal ways of immigration need to be accompanied by other measures, like for example co-development, support to the economies and the fight against discrimination. Economic measures could be effective against emigration itself on short and mid-term (like for Ukraine) or on long-term by co-development. The fight against discrimination could result to the same end, for example avoid Romas to emigrate in several countries.

The phenomenon of migration is unavoidable, society changes and must transform. We need to be aware of that. If the European Union develops a Community approach at the moment it has to be observed that most Member States – bound by a very national point of view – react individually short-sighted. This observation underlines the need for a coordination of all efforts, a dialogue between governments, civil society, non-governmental organisations etc.

Workshop 1

Integration of refugees in Europe

The process of integration if to be successful is characterized by the following categories:

• Legal conditions: access to the job market, health care, shelter, education. There are large differences between countries, even within the European Union. Minimum rights should be applicable for every person living in the host country, not only to the ones with specific documents.
• Social conditions: the crucial element is the attitude of the host society (public opinion, organisations, institutions, …) towards asylum seekers. It is needed to rebuild social networks for newcomers involving citizens of the host society and volunteers.
• Practical conditions: Providing information is not enough, newcomers need opportunities to practice what they need to learn. They need to experience how everything works, like public transportation, medical facilities, how to make yourself understood, calculating and controlling energy costs, etc.

Caritas has an important role to play regarding all three aspects of integration. As to legal conditions it is necessary to compare more in detail the legal rights of asylum seekers and refugees in the different countries and to establish a list of minimum standards to be respected by all countries. This document would be the basic material for a lobbying both on the national and the E.U.-level.

The Caritas network also has a responsability in the social and practical conditions. Examples of Caritas Ireland and Belgium show that volunteers can be a very important partner in the integration process of refugees.

The selection and training of the volunteers is necessary to assure a ‘good’ attitude and to avoid paternalistic motivations, including attention for cultural differences. “Moving from charity to legal rights”, as one member of the workshop said.

Sensitisation of and information to (future) volunteers are also necessary : we see good experiences in working with schools and media. Meeting refugees in one’s own neighbourhood or having refugees as neighbours is also a good oportunity to a reflexion on the issues of integration and cultural differences.

The recommendations of the workshop are :

Don’t work only for refugees and asylum seekers, but more and more with refugees and their organisations.

Employment by an NGO can be the way to employment in the public sector and eventually in the private sector.

Training programmes are needed for Caritas employees as well as for volunteers. The smaller Caritas-members suggest to organise the capacity-building in regional networks between the neighbouring Caritases.

Caritas Europa has a role to play by encouraging or organising this capacity-building via spreading information about the different budgetlines and programmes of the E.U., lobbying and encouraging collaboration in projects between E.U.- and Eastern European Caritases.

E.U.-funds are available for integration projects, but elaborating and coordinating these projects is a full-time job, not something that staff-members can do “between their normal job”.

Workshop 2

Linking migration activities with development/emergency activities

Migration is a natural phenomenon since mankind exists. People, individually and in groups, has moved from one place to another during the history. It always has happened and it will continue to happen.

The case studies on the link between in country and out country activities can be divided in two different approaches:

Activities in- and out-country facing the causes of migration

- Political and cultural situation: Out country activities: Support of Justice and Peace activities; Support of Human Rights organisations; In- and out-country activities: Lobbying for human rights with governments and international institutions; Out-country: Emergency and rehabilitation activities realised by ERSTs and STEPs together with local church linked organisations (Caritas and others) and supported with finances and human resources of European MO and others; In-country: migration departments realise different concrete activities for political refugees. i.e. reception, documentation and psycho-social activities,etc

- Economical situation: In- and out-country activities: Campaign by CI-secretariat and member organisations for debt release; Activities of MOs of CI financed by debt-compensation regulations of national governments and international institutions out-country and supported by CE Mos; Emergency and rehabilitation activities realised by ERST and STEP together with local church linked organisations (Caritas and others) and supported by finances and human resources of European MO of CI; Development activities on basic needs realised by local church linked organisations (Caritas and others) and supported by European MO of CI; Assistance to household budgeting by remittance of income from migrants abroad to their relatives in the home-country

- Social situation: In the case studies this categories were not explicitly mentioned. Although a lot of social activities out-country are realised by local church linked organisations (Caritas and others) and supported by finances and sometimes by human resources of European MO to reduce implicitly migration. (i.e. the out-country orphan-programs to help and remain orphans in the home-country)

- Psychological aspects: In one case candidate migrants are informed of the real picture of the migration country and assist candidates on the problems they and their remaining relatives may encounter by going abroad.

Activities in-country and out-country on the consequences of migration

A very specific link between migration departments and development/emergency departments are the programs on migrants who are willing to return to their home country. This kind of programs are realised by many of the MO of CE and often stimulated by a lot of national governments as well by the European Union.

In general terms it concerns activities by the MO of CI who aim to create favorite conditions for those migrants who are willing to return or who have no possibilities to stay any longer. By creating conditions it is useless to set up programs out-country to attract this migrants to return. It does not help. Working on the demanding side is much more useful. What do the candidate returnee need to go is the starting point for setting up this kind of programs.

Workshop 3

Migrants in an irregular situation

En effet, nous préférons parler de personnes en situation irrégulière, sans papier; la clandestinité n’en est qu’une dérivation possible, malheureusement.

Face à ce problème global et complexe, qui prend de plus en plus d’ampleur et dont les conséquences sont de plus en plus graves, les actions (de Caritas et autres organisations) sont difficiles et prises dans un étau formé d’une part par les restrictions législatives et administratives, d’autre part par la gravité et l’urgence des situations de vulnérabilité et d’exclusion auxquelles sont soumises les personnes et les familles.

Les actions possibles sont surtout:

• Des actions individuelles, cas par cas: insister sur l’information[1]; chercher les possibilités d’interprétation favorable des législations et des normes pour obtenir la régularisation; appuyer des projets de retour.
• Des efforts de dialogue et consultation avec les différentes institutions pour les informer et les sensibiliser (fonction de “signal” des organisations et des associations), réfléchir ensemble (dans le meilleur des cas) aux politiques nécessaires et aussi dénoncer.
• L’aide au développement. Cette question en soulève une autre au sein de nos organisations: la relation entre les programmes de migrations et ceux de coopération au développement et co-développement

La question de l’intégration des immigrants et surtout des immigrants en situation irrégulière, sans papiers, est donc un des grands défis auquel doivent répondre nos sociétés nationales et européennes, nos gouvernements et institutions, ainsi que nos organisations et associations. Un changement culturel est nécessaire pour comprendre les dynamiques migratoires, accepter que les migrants dans nos sociétés font partie de notre avenir commun, exiger des mesures politiques qui empêchent les pratiques illégales et abusives (trafic et exploitation de personnes) et garantissent le maintien de la démocratie et des droits humains. Il s’agit de faire prévaloir l’horizon de la justice et des valeurs que nous défendons et de favoriser le développement des personnes.

Workshop 4

Caritas partnerships on migration

After exchanging experiences it was agreed that a more flexible instrument is needed.

· It was clearly stated, that guidelines are needed for a partnership, not for a programme, which was felt to be too narrow for the different types of partnerships.

· During the discussion it became clear that a number of partnerships exist already and that these different types of partnerships should be maintained in their variety (shelters, legal issues, refugees, geographic lines) because they develop according to the different needs expressed by the partners, such as partnerships focussed on specific target groups (Luxembourg and Turkey), partnerships across borders (Poland and Germany), partnerships about a common project (Czech Republic, Moldova and Ukraine), partnership about funding. Partnership could also be based on complementarities like giving funding on one side and have access to new experiences on the other side.

· There should be a methodology how to find the right partner, meant as steps to be undertaken, like a questionnaire to be sent beforehand to potential partners where the specificity’s of the Organisation and main aims are explained (see ECRE-Twinning Programme), exchange of written material, a preparatory meeting.

· It was expressed that it is crucial to clarify the expectations of the partners before getting into a partnership. A facilitator physically present in this process might be very helpful. This role could be filled by Caritas Europa.

· A partnership was considered as successful only if both partners have mutual gains from the partnership.

· The guiding principle must be confidence and trust in each other. This principle should be supported by confidence building measures (conferences, common work, hospitation).

· A partnership programme needs funding to be started (seed money).

· A partnership should be focussed on specific topics but leave the possibility that something can develop further.

· A variety of common activities can be done in a partnership: exchange of information, seminars, and training.

· A partnership should keep in mind structures and hierarchy and avoid overlapping, especially with the field of international cooperation.

· Information that is accessible was felt crucial for a successful partnership, like background of partners, context in which the partner works, country specific information, information about already existing initiatives and cooperation (to avoid duplication).

· Tools for sharing information (databases about sponsors and donors; good practices to avoid reinventing the wheel; Intranet on Migration within the Caritas Internationalis system; links to other organisations) are needed and the promotion of skills in using information.

Prague, 10 November 2001

---

[1] A ce sujet les agents de Caritas et autres organisations dénoncent le manque de “lisibilité et clarté” des textes légaux, écueil d’une action efficace autant auprès des institutions que des personnes.