Routledge Handbook of Human Trafficking
Page 50
Victims of labour exploitation are often referred to support organisations via labour inspectorates, trade unions, and service points for foreign workers. Access to (migrant) workers by support organisations is more difficult if the workers live on the premises of the employer (a practice widely used in agriculture), and further complicated if located in remote areas. Many victims of labour exploitation do not self-identify as victims, and therefore do not report to the police or labour inspectors.
Why victims (don’t) report
Although victims, like any other human beings, make a rational choice based on costs and benefits, such choice is seriously restricted in situations of violence and coercion. When victims of labour exploitation find another employer, they are more inclined to come forward with their story. In addition, the way they are discriminated against, degraded, and treated with disrespect are other reasons to seek help. Pressure from the group, and social control within a group, play a role in the willingness of people to ask for help and to contact the authorities. Victims of sexual exploitation often enter into contact with the police through police-intervention, house-searches in places where prostitution takes place, or police raids. Sometimes they are helped to leave the exploitative situation by a client. Most of the victims do not contact the police or the authorities themselves, because they often distrust the police – reinforced by threats from the trafficker not to go to the police and not to trust the police. Victims often do not come forward with the real story out of fear of the traffickers, or because of the feeling of having failed, e.g., to generate money for the family or community. The idea that victims feel ‘rescued’ after the police have removed them from the exploitative situation seems at odds with these findings. The police play a crucial role in the recognition and identification of trafficking victims, and therefore it is essential that they are well trained and equipped to enable such recognition and identification. The behaviour and attitude of the first police contact is crucial for trust building.
Needs of victims
In general, three stages can be identified when trafficking victims come out of an exploitative situation: emergency care (approximately the first two to four weeks); short-term care (four to eight weeks after emergency care); and long-term care (after three months). Needs of trafficking victims are often related to the trafficking experience and depend on the form of exploitation, the duration of the exploitation, and the force or violence used during the exploitation. Other needs relate to the economic, social, and mental situation that already existed prior to the exploitation, and which has not diminished during the trafficking experience. It is more likely these circumstances are aggravated, causing new or stronger needs.11 Brunovskis and Surtees have found that needs of victims are often related to the needs of those of whom they take care, e.g., children, family at home.12 In the literature, differences in needs of victims of sexual exploitation and labour exploitation are identified,13 partly related to the violation of physical integrity in cases of sexual exploitation. Victims of labour exploitation often have the payment of unpaid wages as their primary concern, and co-operation with the police or the services of NGOs does not necessarily help them in achieving this.14 In addition, they often feel mistreated and discriminated against during the exploitation, and therefore rather want an improvement of their working conditions and living conditions, especially where accommodation is provided by the employer. Furthermore, victims’ needs depend on their factual situation, such as residency status and uncertainty about the outcome of procedures, including criminal procedures.15 We can distinguish between needs in care facilities and needs related to the criminal process. The needs in care facilities depend on the experiences of the victim, but in general, mental and emotional problems are more often and severely present in cases where the perpetrator is a person the victim knew.16 Post-Traumatic Stress Syndrome (PTSS) is more often present with victims of sexual violence17 and, consequently, treatment of PTSS is often needed for trafficking victims, even though the causality between the trafficking experience and the problems is not per se obvious, and is hard to establish. Looking into the physical and psychological problems experienced by trafficking victims in the three stages identified above, Zimmerman et al. revealed that physical problems are highly present in the first period, but less so in the second and third periods; while psychological problems last longer and are still highly present in the second period, but less so in the third period. Nonetheless, psychological problems still disrupt daily life in the third period. Depression, lack of meaningfulness, and lack of social life have a negative effect on working, going to school, and taking care of the family – sometimes reinforced by threats or feelings of loneliness.18 Zimmerman registers memory dysfunction and disordered memories, which can have far-reaching consequences, especially if assistance and support is conditional upon the victim’s co-operation with law enforcement. Zimmerman states: “inconsistencies are not likely to be indicative of a lack of credibility. Memory difficulty is a fundamental element of a psychological portrait of a trafficking survivor”.19
A number of needs of victims are related to criminal procedure and co-operation with law enforcement. In relation to their safety, victims need to know if the suspect is detained, or when there is a possibility the suspect will be released. If a residence permit depends on the prosecution, steps taken in the criminal procedure directly affect the victim’s status and consequently the victim’s access to support and assistance. The strong linkage between co-operation and the criminal procedure present in many European countries, due to Directive 2004/81 on a short term residence permit for victims of trafficking, is at odds with provisions in the Council of Europe Convention (especially Article 12(6)) and Article 11(3) of the EU Trafficking Directive. According to these provisions, assistance and protection cannot be conditional upon co-operation, at least during the reflection and recovery period. The subsequent residence permit may be made conditional upon co-operation, making access to support and assistance after the reflection period for third-country nationals conditional upon such co-operation. Due to a lack of identification, victims from third countries without a residence permit are often put in alien detention. What is problematic in relation to the conditionality is that the fact whether or not the victim wants to co-operate, whether or not the victim can provide sufficient information, and whether or not a criminal case will be instigated, does not (necessarily) relate to victimhood. A distinction should be made between a ‘de facto’ victim and a ‘de jure’ victim, of which the latter is relevant for a criminal procedure, and the former for assistance and support.20 Co-operation is often accompanied by insecurity, stress, and feelings of unsafety. Repetition of hearings and interviews, detailed questions, and confrontation with the suspect or his lawyer are stressful and can be detrimental to the victim’s wellbeing.
The primary focus of trafficking victim policies is on those victims from abroad, and who do not have a residence permit. For this reason, protection and assistance measures are adopted in immigration laws in many countries at the risk of neglecting national victims.21 This is particularly problematic for those countries with a relatively high representation of national victims. Victims from outside the EU may be more concerned with the lack of a residence permit, both during and after the exploitation, and their illegal status may have been used as a coercive tool during the exploitation phase. After they have left the situation of exploitation, such victims are occupied by procedures for obtaining a residence permit, which in some cases hinders their recovery from the trauma of trafficking. In addition, in recent years, the Dutch Government has focused on abuse of the victim protection residence permit. It claimed that people pretended victimhood to obtain a residence permit. Also, in cases with insufficient indications to start a criminal investigation there was suspected abuse of the system. As such, it equated lack of indications of a criminal offence with lack of victimhood. Although the ambit of this phenomenon is unclear, the impression is that only a small
proportion of victims deliberately abuse the procedure.22
Maslow’s hierarchy of needs
Scholars in victimology and criminology categorise needs of victims using three perspectives: the legal, preventive, and mental health perspectives.23 Furthermore, distinction is made between process needs, such as ‘treatment and information’ and ‘participation’, and needs of result related to the criminal procedure (reason for testifying, outcome of the criminal procedure) and needs of result not necessarily related to the criminal procedure (dealing with feelings of fear and sorrow, recognition, prevention of re-victimisation, compensation, retribution, anger, forgiving). Another way of categorising practices, by Zimmerman et.al. is as emergency, short-term, and long-term needs.24
The interviews with the victims revealed that a primary need is protection and safety. If these are not guaranteed, the victims cannot identify other needs. This implies a certain hierarchy or sequence in needs, which is very much in line with Maslow’s hierarchy of needs.25 He distinguishes five levels of needs, and argues that the needs on the next level only come into play if needs on the lower level are satisfied. From this theoretical perspective it is logical that ‘rest’, ‘recovery’, safety, and protection (accommodated in the first and second levels of Maslow’s hierarchy) are identified as primary needs by trafficking victims, and building relations of trust only comes afterwards. This theory makes it understandable why a victim will be more inclined to testify if primary needs are fulfilled.26 Based on the theoretical insights, the levels of Maslow have been translated into the following aspects: primary needs, protection, information, recognition and treatment, compensation, and psychological support.
Primary needs
Primary needs consist of rest and recovery, safety, and security. In the literature, the need for safety is considered one of the most pertinent needs, especially in the first period after the victim has left the trafficking situation.27 Other primary needs are food, clothing, and translation services. Some victims who were interviewed were physically exhausted, others were addicted to drugs; and yet others were pregnant when they came out of the trafficking situation.28 They often have feelings of fear and try to keep the trafficker quiet and let him stay in control of them. Victims state that they are still under the control and influence of the trafficker and do not permit themselves to create their own thoughts after they have left the exploitative situation. One victim said: “I wasn’t able to collect my thoughts, I was brainwashed … I am still facing the consequences thereof, choices were made for me and the thoughts he had were important, not my own thoughts”.29 Distance from the trafficker, and placement in a shelter, are often the only way to disconnect from the trafficker. In addition to these needs, and as explained above, victims are often in need of accommodation and a residence permit. For accommodation, they need practical support, including assistance with arranging it. This need is especially acute when victims lived at the workplace; a situation common in agriculture, for instance. To obtain a residence permit it is often necessary to co-operate in criminal proceedings. However, during the reflection period, assistance, protection, and permission to remain in the country are, or should be, available irrespective of co-operation. In accordance with the Council of Europe Convention, the duration of the reflection period is at least 30 days. For third-country nationals, uncertainty about the residence permit and the effects thereof determine the primary needs of this group.
One of the primary needs of victims, especially when they are identified during police raids, is rest; they are exhausted and apathetic. Other important needs are safety, protection, and specific and reliable information. Furthermore, to be recognised and treated as a trafficking victim and not be denied victimhood is another important issue articulated by experts interviewed. These experts estimated that victims need some three months to recover, to get back on their feet, and to create safety and trust for the victims.
Protection
Threats and violence towards victims, as well as their families and children, are reasons why victims remain in a situation of exploitation or go back to the exploiter time and time again. This is also a reason why they do not report to the police or health workers. One victim stated: “I wanted to report to the police but I did not indicate I was exploited and made it look like a situation of domestic violence”.30 Another victim stated: “I would never go to the police, they don’t take any action and when action is taken he will not be detained for a long period. Other girls who have to work for him won’t go to the police either”.31 Third-country nationals not only fear traffickers, but often fear the police and other authorities as well, because they are in the country without a valid residence permit and are unaware of support and assistance facilities. Many of them do not come forward with their story if they are placed in alien detention, and they do not tell their story to the police because they think they cannot trust the police. Their illegal status makes them vulnerable to multiple forms of exploitation: in work, in accommodation, for food. The fear is severe, especially directly after victims have left the exploitative situation. They do not know how the trafficker will react, whether he will be able to find the victim and/or the victim’s family. Victims often do not feel safe in ordinary shelters because they are too open. They often find a safe and trusted place with family. Non-residential victims may find such a place in institutions specialised in assisting trafficking victims. The fear and need for protection often diminish when the suspect is arrested and detained; however, uncertainty about the outcome and steps in the criminal procedure are another source of feelings of fear and distress. One victim stated: “I have told the police everything, everything this person has done to me. But I know he is a clever person and I am afraid he will get away with it by making up a story”.32 Threats and violence have an effect long after they have stopped; and even after many years and intensive therapy, some victims have problems establishing relationships. Victims of labour exploitation less often express the need for protection and safety.
Information
Realistic, practical, and tailored information is crucial, according to the victims. They want to be informed about the steps in the criminal procedure and about the chances that the suspect might be released and when (e.g., from pre-trial detention), or the dismissal of a case. One of the victims interviewed was confronted with the trafficker during his temporary release while serving a sentence in detention. She was not informed about his permission to go on leave. Other victims have similar experiences. Information on specialised care options is not always available, nor adequate, and is often organised at the regional level, creating differences between districts. Information should not be overwhelming, taking into account the situation of the victim. One of the victims referred to the amount of information she was given just after she left the exploitative situation: “We had so much stress, we could not digest the information. They told us about forms and documents but it did not reach us”.33 Victims of labour exploitation express a strong need for information on practical issues such as labour rights, minimum wages, and labour conditions. They did not receive this information from employment agencies or employers but from victim support organisations, although the information is often difficult to comprehend.
Recognition and treatment
Those victims who decided to co-operate with the police and/or to file a complaint have experienced this as emotionally burdensome because of the repetition of hearings and having to tell their story time and time again, testifying at trial, and being interrogated by the defence lawyer. The criminal proceedings are often lengthy, sometimes even years, while the victim is in distress about the outcome. Some victims indicated that the police push hard to get them to testify or co-operate in criminal procedures. The questions they have to answer during hearings, or even during the trial, are sometimes very detailed and embarrassing. Furthermore, some victims are treated as criminals at the beginning, which makes it difficult to establish a relationship of trust afterwards.
These factors explain why some victims do not file a complaint. Others were advised not to co-operate, e.g., because the suspect was known for using weapons. Regarding their treatment, victims find it very important to be taken seriously and not be criminalised themselves. One victim felt that she was not being taken seriously by the judge during the trial:
the Judge asked me: ‘how can a verbal and strong woman like you end up in an exploitative situation’. The lawyer of the trafficker suggested I had made up the whole story and I had the feeling the judge believed him.34
The feeling of not being taken seriously might follow from a lack of progress in the criminal procedure, or from the dismissal of a case.
The experiences of victims with support organisations vary widely, and therapy or treatment that is helpful for one person was considered superfluous and not appropriate by others. Some have positive experiences with self-help groups or assistance by former victims, while others think this is detrimental if it is not professionally led. Empathy and specialised knowledge is often lacking. Third-country nationals, especially, have the feeling that they are not taken seriously and not believed by the police and other authorities; although they also have positive experiences of being well-informed and treated with dignity.