Legislation for Protecting Victims

Belgium

In 1992, the Belgian parliament set up a special commission of enquiry to develop structural policy to repress and abolish trafficking in human beings and child pornography. On April 13^th, 1995, and on the basis of this parliamentary commission's recommendations, the Belgian legislator adopted a law on the suppression of trafficking in human beings and child pornography.

This law punishes international trafficking in human beings, for the purpose of exploitation.

Article 1 of this law inserts Article 77bis into the Aliens Law on the access to the territory, stay, residence and removal of foreigners of December 15th, 1980, which penalises the general practice of trafficking in foreigners.

Article 77bis provides provisions for punishing whoever contributes in any manner, directly or through an intermediary to facilitate entry or stay and employs, directly or indirectly, deception, violence, threats or any form of constraint towards a foreigner; or abuses a particularly vulnerable situation in which a foreigner finds himself/herself due to his/her illegal administrative or precarious situation, pregnancy, sickness, disability, physical or mental deficiency. Such a person shall be punishable by one to five years' imprisonment and by a fine of between five hundred and twenty-five thousand francs.

The offence is considered more serious when it is deemed either to constitute a habitual action or to be the principal or secondary activity of a group.

A new paragraph (1bis) was recently added to article 77bis. This new paragraph condemns anyone who should take advantage of the particularly vulnerable position in which a foreigner finds him or herself due to an illegal or precarious administrative situation, either directly or with the help of an intermediary, by selling, renting, or making available either a room or any other form of premises for the purpose of suspect money-making activities.

This 1995 law along with a royal decree dating from June 16^th of the same year attributed to a Centre pour l'EgalitŽ des Chances et la Lutte contre le Racisme (Centre for Equal Opportunities and Opposition to Racism) the responsibility of promoting, co-ordinating, and monitoring the political struggle against international trafficking.

These texts are also at the basis of the Cellule interdépartementale de coordination de la lutte contre la traite internationale des êtres humains (an interdepartmental group set up to co-ordinate the fight against international trafficking in human beings) This group brings together representatives of the following bodies: various ministries; the College of Public Prosecutors and Magistrates; the Police force; the government office dealing with foreigners (Office des étrangers); and the Centre pour l'Egalité des Chances et la Lutte contre le Racisme. The group co-ordinates the activities of the various departments involved in the fight against trafficking, evaluates the results obtained, communicates information gathered by the Centre pour l'Egalité des Chances et la Lutte contre le Racisme, and makes propositions and recommendations for improving the fight against trafficking.

Three shelters are associated with the protection and assistance programme for trafficking victims: Pag-Asa, based in Brussels; Surya, based in the Wallonia region, in southern Belgium; and Payoke, based in the Flanders region, in the northern part of the country. The Centre pour l'Egalité des Chances et la Lutte contre le Racisme is responsible for co-ordinating these three specialised shelters.

The shelters provide victims with legal, administrative, social, and medical assistance. Following the terms of the circular letters dating from July 7^th, 1994, and January 13^th, 1997, it is possible for any of these three shelters to submit an application for a temporary residence permit on a victim's behalf. At the present time, a new circular letter is being presented to ministers.

The temporary residence permit is granted by the Belgian authorities providing that the victim co-operates in the legal proceedings and participates in the activities of one of the shelters. The actual granting of the permit occurs in three stages, which are related to the progress of the legal proceedings.

During 'phase one', a victim who has managed to escape from the trafficking network and who has presented him or herself to a shelter receives an official order to leave the country within 45 days. During this period, the victim can decide whether or not to file a complaint against those allegedly responsible for the trafficking and exploitation. At this stage, the victim must be monitored by a shelter.

In 'phase two', if within this 45-day period the victim either makes a statement concerning or lodges a complaint against those responsible for the trafficking or exploitation, he or she will be granted a special residence permit valid for three months. During this phase, the victim must participate in the assistance programmes offered by a shelter. Also at this stage, he or she becomes eligible to receive a temporary work permit.

During 'phase three', if the Prosecutor's Office confirms (1) that the statement or complaint is still part of a judicial investigation, and (2) that the person in question is actually considered as a victim of trafficking, then the victim is registered with the concerned authorities and attributed the status of a foreigner having the right to stay in the country for a maximum of six months. This official registration is renewable. When the trafficker or exploiter is summoned to justice, that is to say when the victim's statement or complaint is considered serious enough for the case underway, the victim may apply for a permanent residence permit.

No text has yet dealt with what should happen if the defendant is finally acquitted. The spirit of the law would appear to indicate that, in an instance such as this, the victim should be extradited. But, in actual fact, things happen differently. Cases are examined on an individual basis, taking into account humanitarian concerns and the possibility of reintegration.