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srm materiali materiali di lavoro e
rassegna stampa sull’immigrazione 2003 marzo |
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Sommario Progetto CAT (Christian
Action and Networking Against Trafficking of Women): breve descrizione Il documento CCME -
Caritas Europa alla Conferenza di
Brussels (18-20 sett. 2002) sul Traffico di esseri
umani Commenti degli
organismi cristiani europei, sulla proposta della
Commissione Europea per una Direttiva sui
permessi di soggiorno di breve durata per vittime della
Tratta |
Supplemento
“RUTH”
n. 4
_________ a cura del:
SERVIZIO
RIFUGIATI E MIGRANTI
della Federazione delle
Chiese Evangeliche in Italia Via Firenze 38, 00184 Roma tel. 06 48905101 Fax 06 48916959 E-mail: srm@fcei.it |
Christian Action and
Networking Against Trafficking of Women (CAT)
Azione e Rete Cristiana
contro la Tratta delle Donne
CAT è un progetto europeo, al quale
collaborano organizzazioni cristiane (protestanti, ortodosse e cattoliche) di
vari paesi europei. I capofila sono il CCME (Churches Commission for
Migrants in
Europe) e
la Caritas Europa. Sono coinvolti organismi di chiese in Francia, Belgio,
Germania, Lituania, Repubblica Ceca, Russia, Ucraina, Romania, Grecia ed
Italia. Per l’Italia partecipa il Servizio Rifugiati e Migranti della
Federazione delle Chiese Evangeliche in Italia (SRM – FCEI).
Il programma prevede visite in alcuni dei paesi
coinvolti nel progetto, 2 workshop, la preparazione di materiale per la
formazione di operatori e per campagne di sensibilizzazione sui temi della
tratta.
Un sito web attualmente già avviato dalla
Caritas, sarà allargato e reso accessibile a più organismi: www.coatnet.org.
Gli obiettivi sono:
-
creazione
di una rete per lo smistamento di informazioni professionali e per
l’assistenza a donne, vittime di tratta;
-
formazione
di operatori/operatrici nel settore;
-
sensibilizzazione
della società sui temi della tratta.
Durata del progetto
Da novembre 2002 ad ottobre 2003.
E’ prevista la presentazione di un secondo
progetto CAT alla Commissione Europea.
Il progetto è per gran parte finanziato dalla
Commissione Europea.
I primi passi del progetto CAT
Nella prima fase sono stati avviati rapporti di
lavoro concreto con i partner.
E’ stato raccolto il materiale esistente e sono
state programmate le varie iniziative.
Dal 26 febbraio al 2 marzo 2003 ha avuto luogo la
prima visita presso due organizzazioni tedesche che si adoperano per la difesa
delle vittime della tratta: "Mitternachtsmission" / Dortmund
(protestante) e "Nachtfalter" / Essen (vicino alla Caritas). Temi
centrali sono stati il lavoro pratico con le donne e la collaborazione positiva
con la Polizia. In Germania le vittime di tratta godono protezione solo in
quanto utili per la persecuzione penale dei trafficanti. Alla fine del processo
penale, in cui ha testimoniato la vittima, il permesso di soggiorno si
esaurisce e la donna viene deportata nel paese d’origine. (vedi
comunicato stampa pag.3)
Visita a Palermo presso il Pellegrino della Terra
Vari partner europei visiteranno dal 14 al 16 marzo
2003 l’iniziativa del "Pellegrino della Terra" a Palermo. Temi
centrali saranno la metodologia del lavoro e la legislazione italiana in
materia di Tratta. Sarà importante sottolineare che nello spirito
originale della legislazione italiana la motivazione centrale non è
più la questione della collaborazione con la giustizia, ma la protezione
della vittima.
Inoltre si parlerà delle pratiche di Voodoo
nell’ambito della Tratta. (vedi programma pag.4)
Sono
previste ancora visite in Romania, in Grecia e nella Repubblica Ceca; infine
ancora un workshop in Italia nella seconda metà di settembre 2003.
COMUNICATO STAMPA SUL PRIMO INCONTRO CAT
UN Women's Commission meets on Violence,
Trafficking, Access To Edia,
by Un
News Services
The United Nations Commission on the Status of Women
opened its annual session today at UN Headquarters in New York, focusing on
women's access to the media and the elimination of all forms of violence
against women and girls.
The 10-day session, the 47th since the Commission was
set up by the UN Economic and Social Council (ECOSOC), has before it several
reports from UN Secretary-General Kofi Annan, including one outlining
coordinated efforts by governments, enforcement agencies and international
organizations to effectively combat trafficking in women and girls, which it
says has reached worldwide proportions.
"To combat trafficking in women and girls
effectively, it is necessary to adopt an anti-trafficking strategy, which uses
a gender-based and human rights approach, as well as a criminal justice
approach," the report says.
Another report reviews the effects of Israeli
settlements and movement restrictions on Palestinian women. "As the
conflict exacerbates existing hardships and creates new difficulties, continued
assistance should focus in particular on such areas as women's employment and
economic empowerment, education, health, social welfare and violence against
women," it says.
A report on Afghanistan warns that many challenges to
women's full and equal participation in society remain despite progress made in
reintegrating them into political, educational and economic life,
decision-making on the peace process and the reconstruction of their country.
"In many parts of the country women face
violence; they are primary victims of insecurity, which limits their access to
public life and threatens their lives and dignity; and restrictions to the full
enjoyment of fundamental freedoms and human rights continue to be applied to
women by local leaders," it says.
The report on access to the media urges that gender
differences and inequalities in access to and use of information and
communication technologies be fully addressed, so that such technologies
actively promote gender equality and ensure that gender-based disadvantages are
not created or perpetuated.
The 45 Commission members are appointed by
governments and elected by ECOSOC; 13 come from Africa, 11 from Asia, four from
Eastern Europe, nine from Latin America and the Caribbean and eight from
Western Europe and other states.
Christian
Action and Networking against Trafficking of Women (CAT)
Incontro di operatrici ed operatori europei
13 - 16 marzo 2003
Centro diaconale "La Noce"
Via G. E. Di Blasi, 12
90135 Palermo
PROGRAMMA
Giovedì
13 marzo
Arrivi
Cena
Presentazione
dei partecipanti
Venerdì
14 marzo
Colazione
Lettura
biblica
Presentazione
del progetto (Torsten Moritz)
La
situazione in Sicilia (Jens
Hansen)
Pausa
caffè
Impostazioni
e metodi di lavoro (Vivian Wiwoloku)
Dibattito
sulle diverse situazioni in Europa
Pranzo
Incontro e scambio di
esperienze con i rappresentanti delle realtà locali
Pausa caffè
La situazione legislativa
in Italia e i metodi di difesa dei diritti delle vittime (Annemarie
Dupré)
Dibattito
Visita alle aree degradate
di Palermo
Cena
Sabato 15 marzo
Colazione
Lettura
biblica
"Facciamo
il punto, dove siamo ora"
Incontro
con alcune donne impegnate nella lotta contro la tratta
Pranzo
Visita
della città per gli ospiti
stranieri
Possibilità
per i partecipanti italiani di incontrare lo staff del Servizio Rifugiati e
Migranti sui temi di immigrazione ed asilo
Scambio
di impressioni sulla visita e conclusioni
Visita
agli uffici del "Pellegrino della Terra"
Cena nel piccolo ristorante del "Pellegrino
della Terra"
Domenica 16 marzo
Colazione
Partenze
"BRUSSELS DOCUMENT"
Contribution of Caritas Europa
and the Churches´ Commission for Migrants in Europe (CCME)
to the IOM/EU Stop Conference
“Preventing and Combating Trafficking in Human Beings”
18-20 September 2002, Brussels
On behalf of European Christian
organisations working for refugees and migrants, we would like to express our
appreciation for holding this important conference on “Preventing and
Combating Trafficking in Human Beings”. We believe that the presence of
such a number of high-ranking delegations is an encouraging sign for the commitment
to the struggle against trafficking in human beings, and we hope that a dynamic
will be created which can give a boost to increased international cooperation
in this field.
Many of our member organisations
across Europe are actively involved in the social assistance to and counselling
of trafficked people. Based on their experience, we would like to add a few
thoughts to the debate hoping that these will also be reflected in the
envisaged Brussels Declaration. Many contributions have already underlined the
needs for increased police and judiciary cooperation. We would therefore like
to underline some aspects concerning the assistance to victims.
1.
Durable
solutions for trafficked people
We want to stress the need for
trafficked people to receive a form of protection, which is permanent and
lasting. The current debate of a temporary form of protection for victims who
cooperate with the authorities goes into the right direction, but not yet far
enough. We have to understand that victims are unlikely to cooperate with the
relevant authorities when they have to be afraid that they will be sent back
home after a certain period and "back home" are likely to be
confronted with the same criminal networks, against which they have been
testifying.
It is obvious that
returning home should be one option for victims, however, we should acknowledge
that in order to make that a feasible option, the situation in countries of
origin needs to be safe enough for the trafficked person and the family beyond
the return. Some victims might be in need of permanent protection in the
countries, which they have been trafficked to, and there should be a legal
framework allowing for this. We believe the best solution for trafficked
persons would include giving them the power of decision-making whether or not
to return and when. For persons opting for return, protection in their home
countries has to be guaranteed. We are convinced that this requires an
increased international cooperation between authorities as well as NGOs.
2.
Protection
for family members
The criminal networks of
trafficking are often exercising pressure on the victims by threatening their
families, so that the victims might not testify against the criminal networks.
If we want the victims to co-operate we thus have to think about schemes of
protection for victims and their families alike. However, this is an enormous
task and may include schemes to help families to free themselves of debts which
are frequently used as an argument by trafficking organisations. We are aware
that this is an extremely sensitive issue, but solutions may be found in at
least some areas.
3.
Confidence
building measures to ensure cooperation of trafficked people with the
authorities
It goes without saying that the
assistance and protection of trafficked persons can best be provided by
NGO’s and authorities together. Moreover it is a strong interest for the
society to find the perpetrators and punish them. Some victims are afraid of cooperating with the
police, because of negative previous experiences or the fear to be deported or
fear to meet corrupt officials.
NGO’s in many countries play
a crucial role in this context. Very often they are the first points of contact
for victims of trafficking. In quite a lot of cases, our member organisations
have been able to both assist the victims, build up confidence and trust and
encourage the victims to get in touch with the police and cooperate with public
authorities in the fight against trafficking. For this kind of cooperation
confidence building measures, such as round tables, discussion fora, between
NGO’s and authorities are needed. Developing this cooperation further
could mean to have cooperation contracts between authorities and NGO’s
with a clear definition of the respective role, the tasks and the responsibilities.
Cooperation between authorities and NGO’s should be based on mutual
respect for the different roles and in confidence acquired through a process of
cooperation. NGO’s could act as mediators between the victim and public
authorities, transmitting the relevant information and the confidence
experienced in the cooperation.
4.
The work of
the NGO’s provides continuity and stability to trafficked people
NGO’s with their services
can provide trafficked people with a long term assistance, which in the
´majority of cases is needed, because of the degrading and traumatic
experiences trafficked people went through. This assistance is the first step
to rehabilitation and reorientation for trafficked people.
5.
NGO’s
can give a valid contribution to the training of professionals
To deal with trafficked people
requires specific skills and specific knowledge. NGO’s often have long
experience in dealing with migration, with different cultural backgrounds and
specifically with trafficked people. This experience should be put at the
disposal of professionals of different backgrounds, especially representatives
of authorities. Moreover these experiences could be worked off by researchers
and reach future professionals in the social field.
6.
Networking as
a tool to raise awareness and assist victims
We believe
that building up a network of international cooperation against trafficking in
human beings is not only a responsibility of the states and intergovernmental
organisations, but also of civil society. Networks of NGOs, are a good way to
raise awareness in the public, as they have experience in the field and are
present at the grassroots level. These efforts, especially transnational
networks should be supported at European level. In the long run a coordination
of these efforts is needed, to avoid duplication of work and to strengthen
links between different existing networks. In addition, networks reaching
different groups in societies are needed to create public awareness on the
issue of trafficking. One of the problems not sufficiently raised publicly is
in our opinion the demand for trafficked persons, particularly women and
children.
CCME and Caritas Europa thus hope
to launch the project "Christian Action and networking against trafficking
in women (CAT)" in November 2002 The CAT project will create a network of
Church related organisations against trafficking involving countries of origin,
of transit and destination. One of the central aims is to create working tools
for volunteers and church groups in order to sensitise them for the work with
trafficked people.
Caritas Europa
4, Rue de Pascale, B-1040
Bruxelles
174, Rue Joseph II, B-1000
Bruxelles
COMECE-Commission of the
Bishops’ Conferences of the European Community
-Working group on Migration-
42, Rue Stévin,
B-1000 Bruxelles
4, Rue de Pascale, B-1040
Bruxelles
8, Chaussée de
Haecht, B-1210 Bruxelles
50,
Square Ambiorix, B-1000 Bruxelles
On the
Proposal
for a Council Directive on the short-term residence permit issued to victims of
action to facilitate illegal immigration or trafficking in human beings who
cooperate with the competent authorities COM (2002) 71 final
The above-named organisations
represent Christian churches throughout Europe, Roman Catholic, Orthodox,
Protestant and Anglican, as well as church agencies particularly concerned with
migrants and refugees.
We appreciate the European
Commission’s initiative to come forward with a Proposal for a Council
Directive on the short-term residence permit issued to victims of action to
facilitate illegal immigration or trafficking in human beings who cooperate
with the competent authorities. This Proposal corresponds to recommendations
issued by different international organisations on the fight against
trafficking in human beings.[1]
We share the main concerns of the
European Commission, i.e. the increase in illegal immigration, in its two most
odious forms, namely the exploitation of foreign nationals in the form of
trafficking in human beings and the growth of networks of smugglers acting for
non-humanitarian reasons.
We realise that the proposed
Directive introduces a residence permit and is not concerned with protection of
either witnesses or victims, as this is neither its aim nor its legal basis; we would nevertheless like to
bring up a number of concerns. We refer to a letter that was sent to Mr. De
Brouwer on January 21st, 2002, following a discussion paper on the
topic.
Paragraph d: “measure to enforce an expulsion
order” means any measure taken by a Member State to enforce the decision
of an administrative and (add) judicial authority
ordering the expulsion of a third-country national.
There is no objective basis to limit the scope of this
Directive to adults only. As rightly mentioned in the commentaries, the victims
of trafficking in human beings are very often minors. They should also be
covered by the scope of this Directive. But it is up to the Member States to
grant other types of residence permits to minors, insofar as they guarantee a
more favourable treatment (Article 6).
We would like to add that this Directive shall be without
prejudice to the granting of residence permits on humanitarian grounds to
victims who do not or who cannot cooperate with the authorities. [2]
Member States shall apply this Directive without
discrimination on the grounds of sex, race, colour, ethnic or social origin,
genetic characteristics, language, religion or belief, political or other
opinion, membership of a national minority, wealth, birth, disability, age or
sexual orientation and (add) nationality.
We appreciate the involvement of Non-Governmental
Organisations in the information to be provided to victims. The information
should be provided in a language understood by the victim.[3]
As far as the reflection period is concerned, a 30-day
duration seems appropriate in some cases, but may have to be longer in other
cases. We urge the inclusion of a so-called “hardship” clause of
three months for traumatised victims, for whom a 30 day-delay will not be
sufficient.
We insist that the requirement for the victim to have
severed links with the authors of the offences be interpreted in a flexible
way. [4]
We appreciate that Member States
shall attend to the special needs of the most vulnerable, but would like to add
“with special attention to the most traumatized”. Moreover,
specialized centres should deal with the special needs of the most vulnerable.
Physical protection and physical security of the victims should be assured at
all times.
The article
stipulates that Member States shall ensure that victims have access to suitable
accommodation, emergency medical and psychological treatment and medical care
that cannot be postponed, and to the necessary support in the form of social
welfare and means of subsistence if they do not have sufficient resources. We
urge the Member States to put adequate financial means at the disposal of
social service centres that are providing these services.
Article 10.1 stipulates that the
authority must decide on three elements:
- first,
whether the presence of the victim is useful;
- second,
whether the victim has shown a clear intention to cooperate;
- third,
the victim must have severed all links with the smugglers and traffickers.
We have four main concerns
regarding this article 10.1:
- We
fear that the definition of usefulness of the presence of the victim will
restrict his or her safeguards. We subscribe to the opinion of the Social and
Economic Committee on this topic.[5]
- that
a decision will be taken by the authority responsible for the investigation or
prosecution only, apparently without any
consultation with other organisations, such as Non-Governmental Organisations.
By their work in the field, NGOs can offer a valuable contribution in an
independent body, set up for this purpose. We share the opinion of the Social
and Economic Committee, which believes that provision should be made for a
social association providing assistance to a victim to assist him or her to
enter into cooperation with the authorities.[6]
- it
is necessary to establish clear and objective criteria as to what is considered
“useful presence” and “clear intention to cooperate”.
On what grounds will the authorities decide whether or not the presence of the
victim is useful?
- it
should be up to the witnesses to choose whether they prefer female officials in
charge of the investigation.
10.3 As a strong incentive
towards cooperation with the authorities, a renewed permit after the initial 30
days should be no less than 6 months, and a possibility for a longer term
permit should be foreseen.
Here again, particularly for
traumatised victims, a longer term permit may prove essential, as it will be
difficult to overcome the trauma, which is necessary to be able to testify
against their traffickers.
10.4 With regard to family members, we refer to the Council
Regulation of 23.11.1995 on the protection of witnesses in the framework of the
fight against organised international crime, stipulating that protection
offered to victims must also be extended, if necessary, to the parents,
children and other close relatives of witnesses. Although we are aware that
this topic falls outside the scope of this Directive, we feel that there is a
need, not only to protect family members present in the European Union Member
States, but also to protect family members of victims, who have remained in the
home country and for whom protection from traffickers’ possible revenge
actions seems highly advisable.
We appreciate that Member States
shall authorise the holders of a short-term residence permit to have access to
the labour market, vocational training and education, thereby avoiding that
they are being retrafficked. However, we think that family members of holders
of a short-term residence permit should have access to the labour market,
vocational training and education as well .
Medical and psychological care should be assured by
specialized service centres.
Article 14: victims who are minors
In view of the special situation
of minors, we agree that it is up to each Member State to take due account of
the best interests of the child when applying the provisions of this Directive.
In case minors should be excluded
from this directive, they should be given the opportunity to benefit from a
residence permit on humanitarian grounds.
If a victim has to be returned to
his/her country of origin, this return should take place with his/her full
consent. We welcome Commissioner Vitorino’s proposal to launch a debate
on the need for a common policy for the return of illegal residents (Green
Paper). The signatory organisations will contribute in writing to this debate.
We do hope that the development of a common return policy will be compatible
with the need for protection under international and European law in the
evolving common European asylum system.
Victims should be offered the
perspective of a permanent stay when the prosecution of the criminal network
has been shown to be either successful or not successful.
A victim who has testified
against his/her traffickers and has to return at the end of the judicial
investigation might face retaliation once back in the home country, and should therefore be offered a permanent
stay whether the prosecution has been successful[7]
or not.
The Parliamentary Assembly of the
Council of Europe[8] provides a
recommendation stipulating that residence permits of a permanent nature are
granted to victims of trafficking for those who are willing to testify in court
and need protection, and of a temporary but renewable nature for all others on
humanitarian grounds.
Article 17: withdrawal
We refer to article 10: what
exactly is believed to be fraudulent or wrongful complaint by the judicial
authority?
What are the reasons relating to
the protection of public order and national security?
Article 3 of the ECHR establishes the non-refoulement
principle.[9]
We believe that Non-Governmental
Organisations can participate in the assessment of effectiveness of
rehabilitation programmes.
Apart from the number of
short-term residence permits issued, the proceedings initiated and their
outcome, we think it is recommendable to have information on the countries
where victims come from as well, in order to have a comprehensive overview of
the phenomenon.
To conclude, we insist on the
development of a Community policy that tackles the root causes of trafficking.
Accession countries, both in their capacity as future members of the European
Union and as countries of origin and/or transit should be involved from the
very beginning in the shaping of
this Proposal for a Council Directive. Root causes of trafficking should
also be addressed in non-EU countries. We insist on a fair development
cooperation policy whereby the fight against poverty and the promotion of human
rights are crucial.
As far as funding is concerned,
we plead for appropriate funding for organisations that are involved at the
grass root level in anti-trafficking activities and for a quick and efficient
decision-taking process as to the release of funds.
Brussels, June 3rd, 2002
[1] Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, G.A. res. 55/25, annex II U.N. GAOR Supp. (n° 49) at 60, U.N. Doc. A/45/49 (Vol. I) (2001).
- Integration of the human rights of women and the gender perspective violence against women, report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, on trafficking in women, women’s migration and violence against women, submitted in accordance with Commission on Human Rights Resolution 1997/44, Economic and Social Council, E/CN.4/2000/68.
- Council of Europe, Parliamentary Assembly Recommendation 1545 (2002), 21.01.2002.
[2] According to the European Parliament 2000 Resolution (Sec.21), Member States should introduce temporary residence permits regardless of whether or not the victims wish to testify, as well as special permanent residence permits on humanitarian grounds. Approved NGOs assisting victims of trafficking should be authorized to give their opinion on whether or not residence permits should be issued.
[3] “Trafficking in human beings for the purpose of sexual exploitation”. Recommendation n° R. (2000) 11, adopted by the Committee of Ministers of the Council of Europe on 19 May 2000 and Explanatory Memorandum: explanatory memorandum, paragraph 27.
[4] Preliminary draft opinion of the Section for Employment, Social Affairs and Citizenship of the Economic and Social Committee, SOC/104 paragraph 3.2.
[5] Preliminary draft opinion of the Section for Employment, Social Affairs and Citizenship of the Economic and Social Committee, SOC/104 paragraph 3.3.2.
[6] Preliminary draft opinion of the Section for Employment, Social Affairs and Citizenship of the Economic and Social Committee, SOC/104 paragraph 2.7.
[7] Article 3 of the ECHR obliges states not to expel trafficked persons if there is evidence that upon return to their home country their life might be endangered by violent acts by the traffickers.
[8] Council of Europe, Parliamentary Assembly Recommendation 1545 (2002), 21.01.2002.
[9] In the case Ahmed v. Austria e.g. the European Court of Human Rights held that state parties to the Convention are obliged not to expel an alien, “where substantial ground have been shown for believing that the person in question, if expelled, would face a real risk of being subjected to treatment contrary to Article 3 in the receiving country. This obligation is valid irrespective of the person’s conduct, “however undesirable or dangerous” the activities of the individual in question are”.