A/HRC/38/45
48.
The need to separate labour inspection from immigration control is also paramount
in order to create a trustworthy space for migrant workers. Such a firewall has been
advocated since 2014 by the Special Rapporteur on the human rights of migrants because
migrant workers in an irregular status or precarious legal status are reluctant to report
unless there is a firewall preventing labour inspectors from communicating information on
potential irregularities in immigration status to immigration enforcement.
49.
A good practice was examined while visiting Portugal in preparation of the present
report. The Special Rapporteur on trafficking in persons found to be exemplary the
country’s practice of adapting the cooperation mechanism procedures to the legislative and
institutional changes that had occurred since 2008. The National Referral Mechanism,
revised in 2014 by the Portuguese working group that coordinated the activities of the
national action plan, ensured that newly emerging forms of trafficking for the purpose of
labour exploitation, forced begging and criminal activities were included with a view to
also addressing the increased migrant-related trafficking in the country, which is a transit
and destination for trafficking.
50.
The origin of the Portuguese success is twofold. On the one hand, identification and
referral is based on the work of regional multidisciplinary teams whose composition can be
adapted to the circumstances of the case and type of exploitation, and which includes a
wide range of actors, such as social workers and psychologists. In addition, those teams
have also developed regional networks to help victims, including relevant public bodies and
civil society actors. On the other hand, these efforts have been strengthened by a
programme for the integration of identified victims, including access to the labour market.
However, this approach has been used in a context of limited movement of people, as
compared with other regions or countries, and its scalability and adaptability to deal with
mixed migration movements and higher numbers of arrivals should be tested.
D.
Impact of return procedures in identification of victims and potential
victims of trafficking in persons
51.
Within the current international protection system, those persons whose applications
for international protection have been refused are subject to return to their country of origin.
At the European Union level, transfer to the first European Union country of arrival can
also happen even before a determination of their cases have been made, based on the
Dublin III Regulation. 48 In that case, the risks of non-detection of victims and potential
victims of trafficking increase as many countries do not have in place procedures for their
proactive detection, especially when the application of Dublin criteria is assessed before a
first interview takes place with the applicant for international protection.
52.
According to feedback received, the risk for victims of trafficking of exposure to
reprisals and re-victimization increases as they are likely to be contacted again by the
trafficking network when returned to the first European Union country of arrival. Those
risks are in principle not taken into consideration when determining which European Union
member State is responsible for examining the application for international protection. 49
Submitted information also raises general concerns on the lack of training of officials to
appreciate these dangers and safety concerns. Active screening for indicators of trafficking
is on many occasions not performed under the assumption that the appropriate screening
has already taken place at an earlier stage of the process, before the Dublin procedure is
applied.50 Even if cases of trafficking are identified, there is a lack of clear guidance within
the social assistance system when a Dublin transfer has nevertheless been processed. 51
48
49
50
Available from https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32013R0604. See also:
www.icmpd.org/fileadmin/user_upload/Policy_Brief_Relocation-20062017_FINAL.pdf.
Submission of Swedish Platform Civil Society against Human Trafficking.
European Migration network, “Synthesis report: Identification of victims of trafficking in human
beings in international protection and forced return procedures” (March 2014), p. 7. Available at
www.refworld.org/docid/5326b50a4.html. See also Group of Experts on Action against Trafficking in
Human Beings, “Fifth General Report on GRETA’s activities” (2015), p. 34. Available at
13
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