Ministry of the Interior – its role in preventing trafficking in human beings 19th of March 2014 Urszula Kozłowska Unit against Trafficking in Human Beings Ministry of the Interior Republic of Poland

“Programme for Support and Protection Victim/Witness of Trafficking in Human Beings” Since 1 January 2006 : public task, MOI - “La Strada” Foundation, Programme for foreigners. For whom?  Foreigners who contacted LEAs and were officially identified as victims of THB (without a need for immediate testifying);  Broke contacts with traffickers;  Agreed to be assisted within the Programme.

Crisis intervention: - Diagnosis of the victim’s need; - Case-management (consultations, advising, support, providing safety, organisation of aid); - Providing an interpreter; - Transport within the territory of Poland; - Safe shelter (accommodation, food, clothes, hygienic measures) and change of appearance; - Medical and psychological consultations (medical examinations, purchase of medicines). Assistance during the contacts with LEAs and Area of Justice, Organisation of the legalisation of stay, Organisation of a safe return Scope of assistance

This program can be activated only by a law-enforcement officer (police, border guards) or prosecutor. Illegal stay in Poland???  On this basis a victim can legalize his/her stay application for temporary residence permit Victim needn’t take a decision about cooperation with LEAs immediately. They enjoy a 3-months „reflection period”, during which they may make such decision and will receive assistance from the Centre. If the victim immediately decides to cooperate with LEAs, or decides to do so during the 3-month “reflection period”, s/he may apply for temporary residence permit for 6 months (with the possibility of its extension).

Programme III 2014

Programme III 2014 Forms of exploitation

Countries of origin III 2014

National Consulting and Intervention Center for the Victims of Trafficking (KCIK) For whom?  Victims of THB (foreigners and Polish citizens)  Victims of labour exploitation  Potential victims  People at risk and their families  Institutions How??  Contact with the Center

Center TASKS??  24h helpline  Crisis intervention  Shelter for victims  Assistance and support for foreigners with the Programme  Assistance for institutions within the identification of victims and their support  Preventive advice for institutions as well as people at risk

Who can help when a person is not identified as victim of THB?  KCIK – identification, assistance in finding a shelter, satisfy basic needs, psychological and legal advise  problems to guarantee legal representation, stable shelter or money for return – lack of governmental programme  return: embassy / IOM on certain conditions  as a result of the control of labour inspectors wages paid, agreements signed (and work could be continued if permissions are valid)

Center  IV-XII 2009 – 193 victims  2010 – 253 victims  2011 – 133 victims  2012 – 198 victims….  victims … TOTAL: 999 victims of THB

Any other help??  Law since 2007: victims of THB are entitled to social assistance  Polish citizens;  Foreigners with regulated status at the territory of Poland Article 5: Right for social assistance on a basis on general principles; Financed from the budget and budgets of regional units. Forms and a scope of assistance are guaranteed on a basis of the needs of the victim discussed by him/her and identified by a social worker.  Foreigners who where identified as victims of THB, who received a permission for stay on a basis of Article 53a(2)(4) or Article 53(1)(15) Article 5a: Right for assistance in the form of crisis intervention, schelter, meal, necessary clothing as well as earmarked allowance”. Ordered task financed from the budget (without any additional procedures). Formal identification by LEAs ?? NOYES

Indicators of THB  Prepared by MOI - currently used by Border Guards  First level: - limitation of personal freedom - conditions of work and stay - documents (identity, travel) - forced used - unusual behaviour / appearance → indicators + questions that could be raised  Second level: - indicators on THB for sexual exploitation - THB for labour exploitation - THB for begging

Amendment of the act of foreigners – legally binding since 01st of May 2014  document proving a legal stay in Poland during reflection period will be issued by LEAs officer. This permission is prolonged since 3 to 4 months only for minor victims; for adults – 3 months (no changes);  voluntarily return for victims of THB on the basis on the agreement between MOI and IOM is not limited (other foreigners are entitled to it only once during 2-years time);  easier process of obtaining Polish document for the victims of THB when - victim does not poses documents, and - his/her identity can not be proved.

Amendment of the act of foreigners – legally binding since 01st of May 2014  if the person cooperates with LEAs a residence permit for definite period shall be granted for no less than 6 months up to 3 years;  a victim would be entitled for permanent stay, when - his/her statements were important for a case, and - victim’s life is in danger. Application is possible after stay in Poland for 2 years. Other benefits: Those victims have a right to public supported education (special assistant and interpreter) and will not be obliged to prove their proper language skill.  Border Guards officers have a right to carry out investigations on THB when the case is only connected with this crime and use special investigation methods.

Conclusions What did we achieve?  new law gives an official mandate for Border Guards to deal with THB  more possibilities for supporting VoTs (permanent stay)  higher involvement of NGOs in supporting victims (2 NGOs implementing KCIK). What are our challenges?  strengthening of regional cooperation  better identification of victims  improvement of possibilities of foreign victims within the social system

phone (+48 22) fax. (+48 22) Thank you for your attention