EUROPEAN COMMISSION DIRECTORATE-GENERAL HOME AFFAIRS EUROPEAN MIGRATION NETWORK. Third Focussed Study 2013

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1 EUROPEAN COMMISSION DIRECTORATE-GENERAL HOME AFFAIRS Directorate B : Immigration and Asylum Unit B1 : Immigration and Integration MIGRAPOL European Migration Network Doc 287 EUROPEAN MIGRATION NETWORK Third Focussed Study Identification of victims of trafficking in human beings in international protection and forced return procedures - Common Template Final Specifications: 5 th August of 54

2 EMN FOCUSSED STUDY 2013 Identification of victims of trafficking in human beings in international protection and forced Top-line Factsheet (National Contribution) Executive Summary (Synthesis Report) National contribution (one page only) Overview of the National Contribution introducing the study and drawing out key facts and figures from across all sections of the Focussed Study, with a particular emphasis on elements that will be of relevance to (national) policymakers. This report, written on the instructions of the European Migration Network (EMN), provides an overview of the policy, the organisation and the practical measures taken by the Netherlands in order to detect, identify and refer victims of human trafficking in the international protection procedure and the forced return procedure. It is noticeable that the Netherlands does not have a single national referral mechanism that is used to guarantee the identification of victims and assistance in a chain approach and that is used to clarify how cooperating organisations have to act when dealing with a (possible) victim. Sections 2, 3 and 4 deal with recognising, identifying and referring victims of human trafficking in the asylum procedure and forced return procedure respectively. As regards the detection of (possible) victims of human trafficking in the asylum procedure, it is clear that, as a competent authority, the Immigration and Naturalisation Service (Immigratie en Naturalisatiedienst, IND) cooperates with a large number of actors. Among all organisations, there is a strong focus on making staff members more aware of the fact that asylum seekers could be subject to trafficking in human beings. Through training courses, staff members are trained to recognise signs of trafficking in human beings. Section 5 describes the efforts made by many organisations in the area of training courses. The partners do not use a standard list of indicators. They use various and often sector-specific lists of indicators. Many organisations have human trafficking contact points who have a coordinating role and whom staff members can contact if they have any questions. Moreover, most cooperating organisations have a protocol or working instruction in place that describes how signs of trafficking in human beings should be passed on. In the forced return procedure, the Repatriation and Departure Service (Dienst Terugkeer & Vertrek, DT&V) is the competent authority and also cooperates with other actors. The DT&V staff members, called supervisors (regievoerders) and the staff members of the other organisations involved in the forced return procedure have been trained to detect possible victims of human trafficking. Supervisors are expected to be alert to signs of victimhood in all foreign nationals throughout the return procedure, irrespective of whether they are detained or stay in an (open) reception centre. Other actors usually report any signs to the supervisors. DT&V has a protocol in place that should promote the detection and referral of victims of human trafficking by DT&V supervisors to the relevant criminal investigative authority. 2 of 54

3 The effectiveness of the instruments used to detect, identify and refer victims of human trafficking in the asylum procedure and the forced return procedure can only be assessed to a limited extent. This has to do with the fact that little evaluation studies on this topic have been systematically conducted in the Netherlands. However the policy is monitored by the Bureau of the National Rapporteur on Trafficking in Human Beings (Bureau Nationale Rapporteur Mensenhandel, BNRM). Moreover, the registration of (possible) victims in the asylum and forced return procedures is incomplete and unclear, resulting in the fact that there are no sufficiently reliable statistical data about the target group. Also BNRM draws attention to the need for proper registration in the chain of organisations. The statistical data of Annex 1 and Annex 2 are discussed in Section 6. Section 7 of this report deals with the conclusions. The research has been supervised by a focus group consisting of experts from various organisations that are active in the fight against trafficking in human beings in the asylum procedure and the forced return procedure. The report is partly based on the information obtained from the focus group. Moreover, desk research has been conducted, namely the study of legislative and policy documents and reports of, for example, BNRM. Section 1 Residence permits, protection statuses and national programmes available to victims of trafficking in Member States (Maximum ½ page) This section briefly outlines the residence permits and protection statuses available to victims of trafficking in human beings in Member States. The aim of this section is to contextualise the section on referral. Information on rights should not be provided in detail, as it falls outside of the scope of this Study. Q.1 What residence permit(s) specifically for victims of trafficking in human beings are available in your Member State? (list them here) Q1a. Are they conditional on cooperation with the authorities? Q1b. In which year was it/were they introduced? Q.1: The B8.3 permit Q.1a: Yes, up to a certain extent. Q.1b: second variant Residence scheme for victims of human trafficking The residence scheme for victims of human trafficking has two variants. Firstly, a residence scheme for victims of human trafficking has been in effect since 1988 for victims who cooperate in the criminal investigation and prosecution. Since 1 June 2013, the B9 scheme has been called the residence scheme for victims of human trafficking (verblijfsregeling Mensenhandel) or, in short, the B8.3 residence permit 1, named after the chapter in the Aliens Act Implementation Guidelines 2000 (Vreemdelingencirculaire 2000, Vc). The B8.3 temporary residence permit is a regular permit and can be granted officially to victims of human trafficking who report trafficking in human beings to the police or 3 of 54

4 otherwise cooperate with the police and/or judicial authorities, in the interest of the criminal investigation for the purpose of tracing the offender(s). For the granting of the permit, it is irrelevant whether the foreign national could be a victim or whether it has been established that he or she is a victim. The permit is granted if a foreign national reports trafficking in human beings and a criminal investigation can be started. Secondly, since 22 December 2010, it has also been possible to grant a temporary residence permit to victims of human trafficking who are unable or who are afraid to cooperate in a criminal investigation, because they are under serious threat or are unable to do so for medical or psychological reasons. In such cases, the permit is granted on the basis of special and individual circumstances. Apart from this residence permit, there is no other permit specifically aimed at victims of human trafficking. In principle, the permit, which requires a cooperation with the police/judicial authorities, is extended each time for a period of one year and is valid for the duration of a criminal investigation. If the criminal case is dismissed or closed, there will no longer be a ground for the B8.3 permit. The second, unconditional, variant of the permit is also granted for a period of one year. After one year, however, the situation will be reassessed and if the threat and/or the medical or psychological limitation that resulted in the issue of the permit continue, the victim will be granted a residence permit for continued residence. In principle, the victim will keep the residence permit and will later qualify for a permanent residence permit and naturalisation. Victims who, after one year, may be expected to give their cooperation can still give this cooperation and, on this ground, qualify for a residence permit. The residence scheme for victims of human trafficking is therefore directly related to criminal proceedings for victims who can be expected to cooperate. However, it is also open to victims who cannot be expected to cooperate. The purpose of the conditional permit regulations is twofold: it not only offers protection, but it also paves the way to special reception and assistance (social assistance, medical and psychological care and income) for victims of human trafficking. Victims are entitled to provisions under the Regulations on Provisions for Certain Categories of Foreign Nationals (Regeling verstrekkingen bepaalde categorieën vreemdelingen, Rvb), granted by the Central Agency for the Reception of Asylum Seekers (Centraal orgaan opvang asielzoekers, COA). If a foreign national does not have the correct identity documents, he/she must demonstrably make every effort to obtain them. Moreover, victims may qualify for continued residence, even if the criminal investigation does not result in prosecution or the criminal case results in the offender(s) being acquitted (see also below under 'continued residence'). Reflection period Before a residence permit is granted, (possible) victims of human trafficking can be granted a reflection period for no more than three months. Within this period, they must decide whether or not they want to report trafficking in human beings or otherwise want to cooperate in a criminal investigation. The reflection period is also meant to give the victim a period of rest. The police grant a reflection period in case of the slightest indication of trafficking in human beings. If the possible victim wants to make use of the reflection period, the police will inform the IND. The IND will suspend the departure of the possible victim of human trafficking from the Netherlands for three months. During the reflection period, the victim will already qualify for provisions, such as reception, care and a monthly benefit. A reflection period can also be granted to foreign nationals who have been refused entry 4 of 54

5 to the Netherlands at the external borders but who could be victims of human trafficking, but only if the Royal Netherlands Marechaussee (Koninklijke Marechaussee, KMar), if necessary in consultation with the Public Prosecution Service, establishes that there are enough signs of trafficking in human beings. In that case, they may still enter the Netherlands. Residence permit for continued residence A B8.3 residence permit is valid for the duration of the criminal investigation. If the criminal prosecution results in a conviction of the perpetrators (also for convictions for other offences, as long as the crime of trafficking in human beings has been charged against them), a (non-temporary) residence permit for continued residence will, in principle, always be granted. In principle, continued residence is also always granted if the criminal investigation and/or the criminal case last for more than three years. If a criminal investigation does not result in a conviction and if the case is dismissed by the Public Prosecution Service within three years, and no appeal has been lodged against the withdrawal or non-granting of the B8.3 permit, the right to the B8.3 permit will lapse. A victim of human trafficking may then submit a regular application for continued residence (stay with a partner, for example) or an application for continued residence for compelling humanitarian grounds. 2 This non-temporary permit was introduced in 1988 and is granted if there are compelling humanitarian grounds. The victim then has to substantiate that his or her stay has to be extended because a forced return to the country of origin will result in unacceptable risks. It then concerns special and individual circumstances. In the assessment of such applications, the following factors may play an important role: the risk of reprisals against the foreign national and his/her family and the degree of protection against this which the authorities of the country of origin are prepared and able to offer; the risk of prosecution in the country of origin, for example on the ground of prostitution. the impossibility of social reintegration into the country of origin. Examples are the victim's specific cultural background and possible history of prostitution, irretrievable breakdown of family relationships, any societal views on prostitution and the government's policy on this. The list of circumstances is non-exhaustive. The assessment also takes into account medical and psychological circumstances. Q.2 Are international protection status(es) granted to third-country nationals for the reason of being a victim of trafficking in human beings in your Member State? Yes / No Q2a. If yes, please name which statuses are granted here No, the residence permit for continued residence (see Q1) is a regular residence permit and is no international protection status. This does not alter the fact that foreign nationals who submit an asylum application and, in this connection, state that they are a victim of human trafficking may, in certain cases, qualify for an international protection status and an asylum residence permit. See Q12 for this. Q3. Does your Member State have a national referral mechanism? No. The Netherlands does not yet have a single national referral mechanism that is used to guarantee the identification of victims and assistance in a chain approach and that is used 5 of 54

6 to clarify how cooperating organisations (such as the police, Public Prosecution Service, welfare services, reception services and the Immigration and Naturalisation Service) have to act when dealing with a (possible) victim. However, various regulations are in place, such as the Instructions of the Public Prosecution Service on Trafficking in Human Beings (Aanwijzing Mensenhandel Openbaar Ministerie 3 ), the regulations of the police and the Aliens Act Implementation Guidelines which describe rights of victims and how authorities should act when identifying victims of human trafficking. Written agreements on cooperation between various cooperating organisations are also in place. In order to increase uniformity and fill possible gaps, the Minister of Security and Justice announced on 10 September 2013 that a national referral mechanism will be set up. 4 Section 2 Detection, identification and referral of victims in International Protection Procedures (Maximum 7 pages) This section first examines the mechanisms that are used to detect and identify victims in the procedure for international protection, 5 It then explores how identified victims are given access to appropriate assistance and support and specifically looks at mechanisms for coordination and referral between procedures. Where relevant, please distinguish between first instance and appeal procedures, where applicable Legislative framework The asylum procedure and the cooperating organisations Before question 4 is answered, a short explanation will be given of the asylum procedure followed by (refused) asylum seekers from the application to the moment of forced return and the organisations they come into contact with. A foreign national who travels by land and applies for asylum in the Netherlands reports to the central application unit of the Aliens Police (Vreemdelingenpolitie) in the application centre of the IND in Ter Apel. After the application, the Aliens Police will ensure that the foreign national is identified and registered. The Central Agency for the Reception of Asylum Seekers (Centraal orgaan Opvang Asielzoekers, COA) receives the asylum seeker in the central reception location (centrale ontvangstlocatie, col) in Ter Apel, where he will stay for a few days. After the application, a rest and preparation period of at least six days will start. During this period, the asylum seeker is informed by the Dutch Council for Refugees (VluchtelingenWerk Nederland, VWN) and prepared for the asylum procedure by a lawyer. VWN is an NGO that works with volunteers. They provide information about the asylum procedure and provide assistance to asylum seekers, among other things. The lawyer is assigned by the Council for Legal Aid (Raad voor Rechtsbijstand, RvR). This lawyer will represent the asylum seeker throughout the procedure. After a few days, the asylum seeker is transferred to one of the process reception locations (proces opvanglocaties, pol), pending the handling of the asylum application in the General Asylum Procedure (Algemene Asielprocedure, AA). Here, a medical examination will be conducted by the physicians and nurses of MediFirst. The process reception locations are always in the vicinity of the IND's application centres. In principle, the General Asylum Procedure lasts eight days, within which the foreign national must have received a decision on his application. After the end of this procedure, the IND will inform the asylum seeker as to whether his asylum application has been 6 of 54

7 granted, rejected or that an additional investigation is required. After the end of the General Asylum Procedure, the asylum seeker will move from the process reception location to an asylum seekers' centre (asielzoekerscentrum, azc). If the IND needs more time to decide on the asylum application, the asylum seeker will start to follow the Extended Asylum Procedure (Verlengde Asielprocedure, VA). This procedure will last no more than 6 months. The asylum seeker will stay at the asylum seekers' centre during this procedure. If the asylum application is rejected on appeal by the district court, the asylum seeker will be entitled to reception at the asylum seekers' centre for no more than four weeks. During this period, he can prepare for his departure from the Netherlands. The DT&V will support the asylum seeker in this. After four weeks, he has to leave the country. Sometimes, a departure from the Netherlands within four weeks is not possible. Under certain conditions, an asylum seeker who has exhausted all legal means may then still stay at a centre with restricted movement (vrijheidsbeperkende locatie, vbl) for no more than twelve weeks. At this centre, the counselling of the residents focuses on their return. The asylum applications of foreign nationals who have been refused entry upon their arrival in the Netherlands (at one of the airports or seaports) and the asylum applications of illegal foreign nationals found in the Netherlands and placed in aliens detention, will be handled at the Schiphol Criminal Justice Complex (Justitieel Complex Schiphol, JCS). Throughout the rest and preparation period and General Asylum Procedure until the forced return after a rejection of the application, the foreign nationals reside at the JCS under a custodial measure. This measure is lifted if the application is granted or if the IND believes that the asylum application should be continued in the Extended Asylum Procedure. All partner organisations in the process are present at the JCS: the Aliens Police (Vreemdelingenpolitie, VP), the KMar, IND, DT&V, VWN, Nidos (child protection for refugees), Legal Assistance Services, COA and the Custodial Institutions Agency (Dienst Justitiële inrichtingen, DJI), the organisation charged with the care for and monitoring of asylum seekers placed in aliens detention. Q4. Are there established mechanisms for detecting and identifying victims of trafficking in human beings in the procedure for international protection? 7 Yes/No Q4a. If yes, please state whether one of the scenarios below or a combination thereof applies in your (Member) State: a. Process for detection and identification of victims in the procedure for international protection is outlined in legislation (if yes, provide reference to the legislation) b. Process for detection and identification in the procedure for international protection is outlined in soft law e.g. a protocol (if yes, provide the reference) c. Process is not outlined in official documents, but there is a working system or standard practice in place, which is understood and used by the actors concerned (if yes, provide a brief description) Q4: Yes, there are different scenarios for each actor. The mechanisms that are used by the VP, IND and COA, important organisations cooperating in the asylum procedure, are described below. Q4a: Variants used by each cooperating organisation: 7 of 54

8 - VP: variant Q4a under c. - IND: Q4a under b and c. - COA: Q4a under b. The VP The VP do not work according to a protocol (variant Q4a under b). At a local level, however, working agreements have been made with all relevant cooperating organisations, including the police and KMar, about passing on any signs of trafficking in human beings. If there are any signs of trafficking in human beings, the VP at the Ter Apel application centre will contact the Regional Exploitation and Intervention Team (Regionaal Uitbuiting- en Interventie Team, RUIT), the national police section responsible for the investigation of trafficking in human beings. With respect to asylum seekers who have been refused entry upon arrival in the Netherlands (at one of the airports or seaports), VP will contact KMar. The IND The IND uses working instructions called (potential) victims of human trafficking in the asylum procedure. These instructions describe how IND staff members handling asylum applications can recognise (possible) victims and how they can pass on any signs of trafficking in human beings. They also explain how staff members have to assess asylum applications on the basis of the aspect of trafficking in human beings. These working instructions are public. Moreover, working agreements have been made at a local level between the IND, organisations cooperating in the asylum procedure and the criminal investigative authorities (police or KMar) about passing on any signs of trafficking in human beings and the practical procedure that is in place then. The COA. The COA is responsible for the reception of asylum seekers. The COA uses instructions that describe how COA staff members have to act if they discover any signs of trafficking in human beings in asylum seekers and who they have to report these signs to. The instructions are called Manual on detecting and registering trafficking in human beings and smuggling of persons (Handboek signaleren en registreren mensenhandel en mensensmokkel) and are periodically adjusted. Q5. Are there different protocols and/or practices for children and adults Q5a. If yes, please briefly describe how these differ and why. Yes, children are treated differently than adults. The reception and counselling of unaccompanied minor foreign nationals (alleenstaande minderjarige vreemdelingen, AMV s), i.e. persons below the age of 18, are tailored to them and a separate policy framework applies. During the asylum procedure, AMV s reside at reception facilities for young persons. An identification and referral process for possible victims of human trafficking to so-called Protected Reception (Beschermde opvang, BO) is in place, a cooperation between the COA, the Jade Zorggroep Foundation (implementing organisation, NGO) and the Nidos Foundation (guardianship agency, NGO). This is a national procedure. The purpose of the Protected Reception project, which is subsidised by the European Refugee Fund, is to prevent AMV s from disappearing and (again) finding themselves in a situation of exploitation. 8 of 54

9 As soon as an AMV reports to the Dutch authorities and applies for asylum, the Nidos, the guardianship agency, is engaged. In practice, Nidos is responsible for the indication as to whether a situation of trafficking in human beings exists. Other actors in the asylum process report any signs of victimhood to Nidos. In derogation from the normal procedure, AMV s who have been placed in a protected reception facility are offered a standard rest and preparation period of three months. This period is used to deprogram the AMV s or to remove them from the control of traffickers in human beings. For a continuation of this situation could prevent them from making statements on their being a victim of human trafficking, without being hindered. After the end of the rest and preparation period, the asylum procedure will start and/or trafficking in human beings will be reported. The asylum procedure for AMV s corresponds with the procedure for adults, but contains more safeguards. For instance, the IND staff members conducting the asylum interviews are experts in interviewing young persons. If necessary, the young persons can be interviewed at their residential location. Q6. Are there different protocols and/or practices for men and women? Yes / No Q6a. If yes, please briefly describe how these differ 8 and why. No. The procedure is the same for men and women. For the sake of completeness, however, it is noted that, when an interview is conducted, the wishes of foreign nationals are taken into account as much as possible, if they state that they can only make a statement before a person of the same sex. A distinction is made within the reception of victims of human trafficking. There are special reception facilities for women and special facilities for men. 1.2 Detection and identification of victims Q7. How are (potential) victims of trafficking in human beings detected in procedures for international protection? Q7a. Please state whether one of the scenarios below or a combination thereof is applicable to your (Member) State. For each, state Yes / No and (if yes) give a brief description of how this works: a. The competent authority 9 proactively screens all applicants for indications of trafficking in human beings; b. The competent authority proactively screens applicants with a particular profile 10 for indications of trafficking in human beings (please provide information on the type of profile); c. Victims self-report; d. Another actor in contact with the victim draws attention to the potential victimisation (if so, please refer to section 3.4 if (optionally) completed); e. Other (please specify). Yes. The manner of detection depends on the phase in the procedure. This also results in a difference in scenario. - VP: Variant Q7a under a, c and d. - IND: Variant Q7a under a, b, c and d. 9 of 54

10 - COA: Variant Q7a under b and c. VP: scenarios a, c and d. Q7a under a: The intake interviewers of the VP have been trained by the human trafficking team of the national police in detecting signs of trafficking in human beings. During the intake interview with the asylum seekers, the VP focus on any signs of trafficking in human beings and continue to ask questions about this. In doing so, they use the list of indicators of trafficking in human beings that has been added as a fact sheet to the 2013 Instructions of the Public Prosecution Service on Trafficking in Human Beings. These instructions provide guidelines for the identification of victims of human trafficking. 11 Q7a under c: Signs of trafficking in human beings can also be put forward by asylum seekers themselves. Q7a under d: Furthermore, any signs of trafficking in human beings can be reported to staff members of the VP by partner organisations such as the legal profession, VWN, the Medical Service, et al. In practice, any signs detected are usually (also) reported to the IND. IND: scenarios a, b, c and d. Q7a under a: The IND interviewer and decision-maker will, during the various interviews, be alert to any signs of trafficking in human beings. During the first hearing (on identity, nationality and itinerary), the staff member will ask standard questions that give the foreign national the opportunity to provide information which may show whether a situation of trafficking in human beings exists, such as: -Did you make the decision to leave your country? -Did anyone persuade you to leave your country? -How did this person persuade you? -Did this person promise you a better future? Moreover, the interviewer and decision-maker uses a Quick Reference Card (QRC). This contains a practical list of indicators based on which a staff member can recognise a possible victim of trafficking in human beings. Q7a under b: Special attention for asylum seekers from West Africa is also in place. As regards men and women coming from this region, it has been pointed out to IND interviewers that they need to be extra alert to any signs of trafficking in human beings and, during the initial or detailed interview, ask, for example, if anything happened during the journey or in the Netherlands the person concerned rather not talks about. Q7a under c: It could also be that asylum seekers talk about the situation of exploitation in which they find themselves of their own accord. Q7a under d: Apart from the VP and the IND, staff members of other organisations are also in contact with foreign nationals before and during the asylum procedure. These could be staff members of the Medical Service, VWN, the legal profession (RvR), the COA, but also legal representation (of the IND) during the appeal phase. Other organisations usually report any signs detected by them to the IND, the competent authority in the asylum process. COA: scenarios b and c. Q7a under b: Residents of a reception centre are not screened by the COA. However, COA staff members are, during training courses, taught to be aware of any unusual 10 of 54

11 behaviour in asylum seekers residing at the reception centre. This behaviour could indicate trafficking in human beings. It often concerns changes in behaviour such as getting into a suspicious car, suddenly having and spending a lot of money, having a different day or night rhythm or leaving the reception centre for an unknown destination. The examples already show that it concerns indicators of trafficking in human beings which specifically apply to the target group at the reception centre. Profiles of possible victims have been discussed during the training courses. See also under Q9 and Q35. Q7a under c: Possible victims can also inform COA staff members of their position of exploitation of their own accord. Q7b. Is there a stage the applicant for international protection can no longer be screened (e.g. after the first negative decision)? Yes / No. If yes, please describe the circumstances. No. In principle, asylum seekers are, during all phases of the asylum procedure, in frequent contact with staff members of various organisations who have been trained in recognising signs of trafficking in human beings. So there is always the possibility that signs of exploitation are stated or noted and reported to the police. Q8. If the competent authority detects that an applicant may be a victim of trafficking in human beings, what are the next steps in terms of assessment? Q8a. Does the Member State apply a standard set of indicators to assess whether the person is a (potential) victim? a. If yes, please give further details, provided the information is not considered of a sensitive nature. How have these been developed? Are they based, for example, on international standards? No. The partner organisations do not use a standard set of indicators. Possible victimhood is detected by the various organisations that are in contact with asylum seekers on the basis of a variety of sector-specific sets of indicators. For instance, IND staff members use the QRC developed by the IND. Another set of indicators has been developed by the NGO FairWork, an organisation that provides information and support to victims of human trafficking. The Expertise Centre for Human Trafficking and Human Smuggling (Expertisecentrum Mensenhandel en Mensensmokkel, EMM) 12 has developed a list of signs on the basis of the standard set of indicators pertaining to the Instructions on Trafficking in Human Beings. 13 Possible victims of human trafficking who have been detected during the asylum procedure are reported to the police or KMar. Formally, no single authority exists that has been designated to establish victimhood (identification), but, in practice, the police and KMar are the formally identifying parties. The police and KMar Schiphol are authorised to grant a reflection period or to take down a statement, after which a B8.3 permit will be applied for. See also under Q1. In the identification of victims of human trafficking, the police and KMar use the indicators included in the appendix to the Instructions on Trafficking in Human Beings. Although the appendix is absent in the Instructions on Trafficking in Human Beings applicable since 1 July 2013, the Public Prosecution Service has provided for a solution in the form of an internal fact sheet. This standard list is a nonexhaustive list of general indicators that was created on the basis of the indicators developed by the United Nations. 11 of 54

12 Q8b. Are other mechanisms 14 used by the competent authority to assess whether a person detected as a (potential) victim should be identified as such (or referred onto formal identification procedures)? Yes/No a. If yes, what are these? b. If no, why not? 15 No, during the interview the police or KMar has with a possible victim, the possibility of a reflection period or to report a criminal offence or to cooperate in another manner is already pointed out to him or her if there is the slightest indication of trafficking in human beings. 16 If a foreign national makes use of the reflection period or reports a criminal offence, he or she is referred to reception and care facilities for victims of human trafficking. He or she will then also be granted a temporary B8.3 residence permit, unless the victim states that he or she first wants to wait for the assessment of the contents of his or her asylum application. Q8c. If, following detection, the third-country national concerned is not assessed as a (potential) victim, what happens? Can the third-country national seek an alternative assessment elsewhere? Yes. If a foreign national and his or her authorised representative disagree with the refusal to grant a reflection period or to take down a statement, they can submit a complaint, principally to the police or KMar and, alternatively, to the National ombudsman (or the National ombudsman for children). As a directly interested person, the foreign national can also submit a complaint pursuant to Article 12 ff. of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) and bring the case directly to a court of appeal. Article 12 Sv offers victims the possibility to submit a complaint about a decision of the public prosecutor not to prosecute (or to terminate the prosecution) with respect to an offence. This is called a dismissal. 17 Where applicable, KMar follows the procedure that if a foreign national insists on reporting trafficking in human beings, despite the opinion of KMar, the reporting officer will take down the statement. See also under Q22c. Q9. Have methods for the detection and/or identification of victims in international protection procedures been evaluated in your Member State? Yes/No Q9a. If yes, how well are they considered to be working? Is there any evidence to suggest that (potential) victims are going undetected / unidentified? Provide evidence. Q9b. If no, please provide any other evidence of the effectiveness (or otherwise) of detection / identification in international protection procedures. No, the methods for the detection and identification of victims of human trafficking in international protection procedures in the Netherlands have been slightly evaluated. An exception to this is the evaluation of the pilot project titled Beschermde opvang risicoamv s (Protected Reception of AMV s at Risk) in This study will be discussed in more detail below. Moreover, as an answer to Q9b, several reports are cited which deal with the effectiveness of the set of instruments used to establish victimhood. In its report published on 10 September 2013, for instance, the National Rapporteur on Trafficking in Human Beings 12 of 54

13 expresses its opinion on aspects that are relevant in this connection. Evaluation of the pilot project titled Protected Reception of AMV s at Risk. For Protected Reception, see also under Q5. The Protected Reception pilot project started on 1 January 2008 and was evaluated in 2010 by the Research and Documentation Centre (Wetenschappelijk Onderzoek- en Documentatiecentrum, WODC). 18 Among other things, this evaluation focuses on the detection of AMV s who have been exploited, or run a risk of being exploited. Most of them come from the asylum procedure. Organisations involved in the pilot project were, among others, the VP, the police, KMar, IND, Nidos, COA. The evaluation showes that, in practice, the actors mostly used the late 2008 Instructions on Trafficking in Human Beings. Nidos is responsible for the indication as to whether protected reception is required. Nidos staff members conduct an intake interview with the young persons. The grounds on which the young persons are selected for the purpose of placement in protected reception are, in practice, sometimes only their nationality, sometimes individual characteristics, and sometimes a combination of both. However, respondents also state that detections are based on "a feeling that something is wrong". Subsequently, based on the young persons' verbal and non-verbal responses, an assessment is made as to whether a placement in protected reception is necessary. The number of young persons rightly placed as victims in protected reception forms an indication for the effectiveness of the detection instrument of Nidos. However, there have been few criminal investigations that show how many young persons in protected reception have actually been exploited or run a risk of being exploited. Data based on experience of executive staff members in protected reception and of guardians provide an indication of the effectiveness. According to the report, executive staff members in protected reception believe that the AMV s placed in protected reception were placed with good reason. Guardians, however, are convinced of victimhood in less than half of the cases. In this connection, the report concludes that due to the lack of hard evidence during the time of indication as well as the resulting situation of reception, there is little basis for placements in protected reception. Protected Reception has not been evaluated since the WODC evaluation study in However, the National Rapporteur has started a study into AMV s who are possible victims of human trafficking and, for this reason, have been placed in protected reception. It concerns a quantitative study that covers the period between 2008 and The study will also focus on the ongoing developments in the area of protection of AMV s, such as the cooperation between the various partners and any possible bottlenecks. The study of the National Rapporteur is expected to be published during the first half of Limited registration and detection of victims. As already said, methods for the detection and identification of victims of human trafficking who follow the asylum procedure have been evaluated to a limited extent. This can be explained in part because the registration of victims in the asylum procedure by authorities involved is incomplete and unclear. As a result, there are often not enough reliable data. The Human Trafficking Coordination Centre (Coördinatiecentrum Mensenhandel, CoMensha) is charged with the national registration of victims of human trafficking. Of most victims, only basic data such as the country of origin, age and sex are registered. 20 It should be noted here that CoMensha depends on information supplied by other organisations involved. It is possible, for example, to provide figures on the number of B8.3 residence permits or the number of persons granted a reflection period. It can also be assessed how many of them have followed an asylum procedure before. However, it cannot be established whether the victim has been identified after having been referred 13 of 54

14 from the asylum procedure. In other words, victims can - other than through manual selection - not yet be followed under aliens law, because there is not yet a link between data on the asylum procedure and data on the B8.3 scheme. This means, in brief, that reliable figures on the number of possible victims of human trafficking in the Dutch asylum procedure are currently not available. That is why no statistical data can be provided as requested in Section 5. The recently published ninth human trafficking report of the BNRM focuses on the necessity of improving the registration of victims. The National Rapporteur sees improvements that have been set in motion or are about to be made. CoMensha is working on improving the registration of (possible) victims based on a new registration system. The IND also responded to the recommendation to make a distinction between the various forms of exploitation of victims entitled to temporary residence. Moreover, the IND's new registration system (INDIGO) offers opportunities to follow (possible) victims under aliens law in the future. A recent development is also that Nidos will, from now on, report (possible) victims to CoMensha, which has not or not fully been the case so far. 21 An indication of the effectiveness of detecting trafficking in human beings in the asylum procedure is given by the National Rapporteur on Trafficking in Human Beings. In its opinion, the detection of trafficking in human beings in the asylum process appears to be limited. 22 The National Rapporteur expresses its particular concerns about foreign nationals (women and children in particular) in asylum seekers' centres, where the COA plays an important role in acting on signs of trafficking in human beings among asylum seekers. The BNRM Report titled Mensenhandel in en uit beeld. Cijfermatige rapportage (Trafficking in human beings in and out of the picture. A report on the figures of ) also gives limited insight into the detection of trafficking in human beings in the asylum procedure. See Q37 and Q38 for this. Training and raising awareness. In its ninth report 24, the National Rapporteur on Trafficking in Human Beings also points out the generally increased awareness of trafficking in human beings among the agencies that are in contact with victims. This is especially the result of training courses organised for staff members. Raising awareness and training are essential in order to improve detection. Since 2005, the COA has taken several steps in order to improve detection, registration and reporting. Steps have also been taken in order to improve the chain approach and information exchange (with the police, the Public Prosecution Service, KMar and IND in particular). Since mid-2012, the COA has started a methodology for the detection and counselling of possible victims of human trafficking. See also under Q17 and Q35 Training. Assistance and criminal investigation The residence scheme for victims of human trafficking is closely connected to criminal investigations. A condition for the issue of a residence permit for victims of human trafficking is that victims cooperate in the criminal investigation. 25 The researchers of the report titled Mensenhandel: het slachtofferperspectief (Trafficking in Human Beings: a Victim's Perspective) argue that the establishment of victimhood should focus on the intake interview for a course of assistance. Victims of human trafficking should first follow a course of assistance before they are being questioned by the police. According to 14 of 54

15 the researchers, this would contribute to more offenders being traced, because many victims are afraid to provide this information when just coming from a situation of exploitation. Establishing victimhood should not be the exclusive authority of the police. According to the researchers, this identification should be done by teams with multiple disciplines, such as experienced police detectives, expert counsellors and interpreters, initially focussing on crisis relief and assistance. 26 According to the ninth report of the National Rapporteur, there is still little or no proof to substantiate the idea that a disconnection (of assistance and criminal investigation) would possibly be more in line with the coping process of victims. However, it follows from the evaluation of the pilot project titled 'Categorical reception of victims of human trafficking' (Categorale opvang slachtoffers mensenhandel, COSM) that the considerable willingness of victims to cooperate with the police can be attributed to the right of residence and reception in the Netherlands rather than to the reception and treatment within the COSM. Moreover, it is already possible to qualify for a (temporary) residence permit that was created in 2010 for victims who are unable/unwilling to cooperate in a criminal investigation, because they are threatened too much or are psychologically unable to do so (see Q1). More research is necessary in order to see if the residence scheme for victims of human trafficking can (and should) be attuned to the coping process of victims in order to improve the evidentiary value of statements made by victims of human trafficking. 27 The National Rapporteur endorses the necessity of a multidisciplinary approach and a victim's perspective. It discusses all this, among other things, in connection with its plea for the development of a national referral mechanism. 28 National referral mechanism As stated under Q3, the Netherlands does not have a single national referral mechanism that is used to guarantee the detection, identification and assistance in a chain approach and that is used to clarify how cooperating organisations (such as the police, Public Prosecution Service, welfare services, reception services, IND and DT&V, NGOs) have to act when dealing with a (possible) victim. Internally and within the chain, cooperating organisations use different protocols, working instructions and sometimes agreements that have not been set out in writing. The National Rapporteur on Trafficking in Human Beings points out the risk of fragmentation. In this connection, it refers to a change to two important documents that contain regulations on the protection of victims, the Instructions of the Public Prosecution Service on Trafficking in Human Beings and the process descriptions with respect to the B8.3 scheme. Also due to the risk of fragmentation, the National Rapporteur on Trafficking in Human Beings recommends that a national referral mechanism be set up. 29 The Minister of Security and Justice said that he embraces the recommendation to start developing a national referral mechanism in the near future Referral Q10. If an applicant is identified as a (potential) victim, can s/he access tailored statutory assistance and support whilst remaining in the international protection procedure (i.e. without referral to other procedures)? Yes/No Q10a. If yes, please briefly describe how the assistance is provided (e.g. state programme, access to general state welfare services, government-funded assistance provided by NGOs, etc.). Q10b. If yes, describe under what conditions the assistance can be provided (without 15 of 54

16 referral to other procedures) specifically, does the (potential) victim have to be formally identified by a competent authority (e.g. law enforcement) in order to access the assistance? (Yes / No) if yes, state which authorities are competent. Q10c. What mechanisms are in place to facilitate this type of referral (to assistance, whilst remaining in international protection procedures)? Are there any agreements in place? Does it form part of a National Referral Mechanism? Q10d. Are there any obstacles to this type of referral? No, only (potential) victims who report an offence or otherwise extend their cooperation or make use of the reflection period (or victims who, due to special and individual circumstances, are unable or afraid to cooperate, see Q1), are granted a residence permit under B8.3 and can qualify for reception and support for victims of human trafficking. Pending the asylum procedure, asylum seekers are entitled to free legal aid and other provisions as laid down in the Asylum Seekers (Provisions) Regulations (Regeling verstrekkingen asielzoekers). Foreign nationals who report trafficking in human beings may, however, can also state that they do not (yet) want to be granted a residence permit for victims of human trafficking, but first want to wait for the assessment of the contents of their asylum application. If the asylum application is granted, foreign nationals will be granted an asylum residence permit along with all associated rights and obligations. If the asylum application is rejected, and the criminal investigation into a human trafficker is still proceeding, a regular residence permit for victims of human trafficking is (still) granted officially. If a (potential) victim is identified (or makes use of the reflection period), he or she will be assisted and accommodated in emergency accommodation or women's shelters. The support to which victims are entitled includes: free legal aid and access to healthcare and education and the right to a monthly benefit amounting to the Dutch social assistance benefit. The right to a monthly benefit to victims of human trafficking has been laid down in the Regulations on Provisions for Certain Categories of Foreign Nationals (Regeling verstrekkingen bepaalde categorieën vreemdelingen). These regulations constitute a ministerial regulation that is implemented by the COA. Q11. If an applicant is identified as a (potential) victim and there is the possibility to change to (or participate in parallel in) procedures as foreseen under Directive 2004/81/EC or national equivalent measures 31 how does this work in practice? Q11a. Does the applicant have to withdraw from the procedure for international protection in order to do so? Yes/No a. If yes, can s/he re-open the procedure for international protection if s/he is not granted a residence permit under Directive 2004/81/EC? Yes/No, please elaborate the process. b. If no, please elaborate how does this work in practice? Does the victim have to be formally identified by a different competent authority? (Yes / No) if yes, state which authority. Q11a: Yes. If a victim opts to have the residence scheme for victims of human trafficking 16 of 54