IND. Combating Human Trafficking: The Role of the IND. Richard Sondeijker Coordinator/Policy Advisor. 17 December 2012

Transcription

1 IND Richard Sondeijker Coordinator/Policy Advisor Combating Human Trafficking: The Role of the IND 17 December 2012

2 Topics 1. IND: Organisation 2. IND: THB 3. B9 Regulation 4. Cooperation 5. Conclusions and Questions 2

3 3 1.IND: Organisation

4 IND->the admissions organisation of the NL This implies that the IND will handle all applications of individuals who want to reside in the Netherlands or to become a Dutch citizen. Over 3,300 employees work for the IND: spread over various application centres, offices and desks all over the country. 4

5 The IND: gateway to the Netherlands Formidable Barrier to overcome for traffickers Traffickers try to illegally circumvent migration procedures: i.e. misuse of Au Pair Regulation, Student Visa or Marriages of Convenience Worldwide occurrence of THB: serious crime, HR violation and a growing and profitable trade-> cooperation at national and international levels is crucial 5

6 6 2. IND: THB

7 Non-EU Citizens In country of origin In NL Stay more than 3 months in the NL *NL Diplomatic Post in Country of Origin/Continious Residence *Use MVV to travel to NL (NL Diplomatic Post in Country of Origin/Continious Residence ) *Apply at one of the 9 IND desks in NL for a temporary residence permit-> 1 year ->MFA and IND Officials cooperate closely ->Well trained: should recognise signs of THB Then apply for a temporary residence permit

8 *Do not require an MVV *Ask for residence in NL -> i.e. Working on a selfemployed basis *Registration certificate *Valid for an indefinite period *Does not need to be renewed -> IND Officials are well trained -> Recognise signals and indicators of THB -> At all stages: entrance, renewal and withdrawal

9 Signs of THB: will be sent to IND Information and Analysis Centre (INDIAC)-> special address & Classbase Relevant signs passed on to the Expertise Centre for Human Trafficking and Human Smuggling (EMM) National Investigation Team Royal Netherlands Marechaussee Inspectorate of Social Affairs and Employment IND 9

10 3. B9 Procedure December 2012

11 Aliens who become victims of THB or who witness THB may be granted a temporary residence permit: Chapter B9 Aliens Act Implementation Guidelines part B: B9 Procedure Applies also to EU citizens and residents from the EER region (Iceland, Liechtenstein & Norway) and Switzerland 2 aims: -serve the interest and wellbeing of VOTs -serve the prosecution of traffickers B9 procedure regulates the residence status and access to facilities (i.e. medical care, shelter, legal aid and remittance) during the period of criminal procedures 11

12 Reflection period B9 procedure foresees in a reflection period of max. 3 months Offered by the police: slightest indication of THB During this period a VOT may decide whether or not to report the crime to the police or otherwise cooperate with law enforcement Reflection period ends: when VOT decides to cooperate, not to cooperate, leaves the accommodation, applies for a resident permit or simply after 3 months 12

13 B9 residence permit If a VOT agrees to cooperate: police or KMar file an application for a temporary residence permit with the IND and must inform CoMensha IND will decide within 24 hours Permit is granted for a year and can be renewed Upon termination of the criminal procedure (either by conviction, acquittal or dismissal) the B9 residence permit terminates as well 13

14 Continued stay after B9 permit 1. VOT asks for asylum or regular residence permit 2. Possibility of continued stay (B16/17 Aliens Act Implementation Guidelines) i.e. VOT has been availed of a B9 permit for more than 3 years or reasons of humanitarian nature 14

15 Reflexion period Figures B9-regulation 2008: : : : 390 B9-residence permits issued 2008: : : : 400 Source: IND, May

16 January December 2012 Top 10 Nationalities in NL (Possible Victims) Women Men 1 Netherlands Romania 15 2 Hungary Nigeria 13 3 Nigeria 69 3 Poland 10 4 Romania 61 4 Pakistan 9 5 Bulgaria 59 5 Sierra Leone 9 6 Sierra Leone 44 6 Angola 7 7 Poland 31 7 China 7 8 Guinea 26 8 Ghana 7 9 Macedonia 26 9 Guinea 7 10 Brazil India 6 Source: CoMensha, November

17 17 4. Cooperation

18 IND cooperates closely with different national and international partners, such as: Aliens Police KMar MFA Inspectorate of Social Affairs and Employment Repatriation and Departure Service IND Ministry of Safety and Justice Expertise Centre for Human Trafficking and Human Smuggling (EMM) Municipalities UN Foreign Immigration Services IOM EU Universities 18

19 Conclusions IND is an important actor in the fight against THB The IND is the gateway to the Netherlands: Legal entrance is a formidable barrier for traffickers IND officials should detect THB at a very early stage & B9 Cooperation crucial: at national and international levels 19

20 Questions? Thank you for your Attention!