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REPUBLIC OF ALBANIA

COUNCIL OF MINISTERS

OFFICE OF THE MINISTER OF STATE FOR COORDINATION

COOPERATION AGREEMENT TO ESTABLISH A NATIONAL

REFERRAL MECHANISM FOR THE ENHANCED IDENTIFICATION OF AND

ASSISTANCE TO VICTIMS OF HUMAN TRAFFICKING

BETWEEN

MINISTRY OF LABOUR AND SOCIAL AFFAIRS/GENERAL DIRECTORATE OF STATE SOCIAL SERVICES

NATIONAL RECEPTION CENTRE FOR VICTIMS OF HUMAN TRAFFICKING

MINISTRY OF PUBLIC ORDER/GENERAL DIRECTORATE OF STATE POLICE

MINISTRY OF FOREIGN AFFAIRS/CONSULAR DIRECTORATE ‘VATRA’ NON-PROFIT ORGANISATION, VLORA

‘TJETER VIZION’ NON-PROFIT ORGANISATION, ELBASAN AND INTERNATIONAL ORGANIZATION FOR MIGRATION - TIRANA

ARTICLE 1. PARTIES TO THE AGREEMENT:

The Ministry of Labour and Social Affairs/General Directorate of State Social Services, represented by the Director General of State Social Services, Ms. Natasha Hodaj;

The National Reception Centre for Victims of Human Trafficking, represented by Ms. Fatbardha Cako, Director;

The Ministry of Public Order/General Directorate of State Police, represented by the General Director, Leader Bajram Ibraj;

The Ministry of Foreign Affairs/Consular Directorate, represented by the Secretary General, Mr. Roland Bimo;

The non-profit organization, ‘Vatra’, Vlora, represented by the Executive Director, Ms. Vera Lesko;

The non-profit organization, ‘Tjeter Vizion’, Elbasan, represented by the Director, Mr. Arian Cala;

and

The International Organization for Migration (IOM), represented by the Chief of Mission, IOM-TIRANA, Mr. Maurizio Busatti.

Have agreed the following:

ARTICLE 2.   DEFINITIONS:

For the purpose of this Agreement, the following definitions will be used:

a) ‘Trafficking in persons’ means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include at a minimum the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery and servitude, or the removal of organs.

b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

c) The recruitment, transportation, transfer, harbouring or receipt of a child for the ‘purpose of exploitation shall be considered ‘trafficking in persons’, even if this does not involve any of the means set forth in subparagraph (a) of this Article;

d) 'Child’ shall mean any person less than eighteen years of age.

e) ‘Victim of trafficking’ refers to any individual who has suffered some or all of the above.

f) ‘Centres’ refers to those organizations in Albania registered by the Ministry of Labour and Social Affairs or other State institutions e.g. Ministry of Health to provide residential care services to victims of human trafficking.

g) ‘Organizations’ refers to those registered civil society Organizations in Albania, including Centres registered to provide residential care, operating in conformity with Albanian law, which provide social services to victims of human trafficking, and which fulfil the conditions prescribed by the Ministry of Labour and Social Services or other State institutions e.g. Ministry of Health entitling them to become Parties to this Agreement.

ARTICLE 3. PURPOSES OF THE AGREEMENT:

The purpose of this Agreement is to enhance inter-agency coordination of the initial reception, protection and medical and social assistance provided to victims and presumed or potential victims of human trafficking in or from Albania through the establishment of a National Referral Mechanism, regulating the obligations of and cooperation amongst all Parties involved in the identification and referral, accommodation and assistance, family reunification, voluntary return and longer-term re­integration of victims.

All Parties to this Agreement recognise the need to provide a comprehensive range of services to victims, in accordance with their needs and interests. Such comprehensive services can best be provided by developing an effective system for mutual contacts, referrals and cooperation between the Parties.

Due to the high vulnerability of children, making them easy potential targets for exploitation, the Parties in particular recognise the need to enhance the protection and assistance provided to identified, presumed or potential child victims, and to implement specific measures for their assistance and protection within the framework of this Agreement.

All Parties involved in this Agreement accept by their signature the need to enhance their cooperation to provide the services referred to hereunder to all victims of human trafficking, as part of the shared national goal of enhancing the fight against human trafficking, raising public awareness of the trafficking phenomenon, and fulfilling the social and moral imperative of supporting the re-integration of victims.

The establishment of a National Referral Mechanism for adult and child victims of trafficking is a priority objective of both the National Anti-trafficking Action Plan 2005-7 and National Strategy and Action Plan on Combating Trafficking in Children 2005-7. The signature and implementation of this Agreement marks an important step towards achieving the aims of both these documents.

ARTICLE 4.   BASIC PRINCIPLES:

All support and assistance to victims and potential or suspected victims of human trafficking under this Agreement, whether adults or children, will be based on respect for the following basic principles:

- Human rights based, victim-oriented, and non-criminal treatment of all victims of human trafficking;

- Maintaining the security and confidentiality of victims by never revealing the names or locations of victims or centers for victims to any unauthorized persons;

- Providing services and accommodation to victims on a voluntary basis with the fully informed consent of all victims; ensuring that adult victims are always free to refuse services or leave a shelter if they choose, and that child victims will be given the opportunity to participate in decision making regarding their cases;

- Best interests of the victim to be held paramount – especially child victims of trafficking;

- Protection of victims rights and their right to be informed of their legal and other rights and assistance available to be ensured throughout the process of identification, referral and assistance, as well as during the implementation and monitoring of this agreement

- Protection and support not to be conditional on willingness to give testimony;

- Provision of appropriate assistance to victims with special needs, particularly in cases of disabilities, psychosocial distress, illnesses or pregnancies;

- Child victims to be cared for by adequately trained professionals who are aware of the special rights and needs of child victims and of gender issues.

ARTICLE 5. COMMITMENTS OF THE PARTIES:

In accordance with Articles 2, 3 and 4 of this Agreement, the Parties will act as follows:

A. The Ministry of Public Order/General Directorate of State Police will:

1) Report to the national    ‘Responsible Authority’ created within MoLSA to coordinate and process referrals for all trafficking victims (see Article C. 1.) all cases referred to them in advance by foreign counterparts regarding the return, deportation etc. of actual or suspected victims of trafficking, and assist in prior family tracing, at the request of the above Authority.

2) Carry out, using border, criminal and anti-trafficking police structures at main Border Crossing Points (BCP) and Police Directorates, the initial identification, reception and interview of actual, suspected [presumed] or potential victims of human trafficking, and cooperate with the national ‘Responsible Authority’ in the referral of such victims for family tracing and reunification, for accommodation and assisted repatriation, or for re-integration assistance, either at the National Reception Centre for the Victims of Human Trafficking (hereunder referred to as the NRCVT), ‘Vatra’, ‘Tjeter Vizion’ or IOM Centres (hereunder referred to as ‘the Centres’), or through other Organizations registered to provide services to victims of human trafficking (hereunder referred to as ‘the Organizations’).

3) If the police structures are unable to contact the Responsible Authority, they should refer cases in need of immediate accommodation and assistance to the nearest service provider, using the directory of service providers issued by MOLSA (See also Article 5.C. 2.).

4) Ensure that all Albanian deportees, inadmissibles, or others identified as actual, presumed or potential victims of human trafficking are interviewed in a timely and victim-sensitive manner by the above mentioned police structures, in the presence of state or NGO social workers specifically trained to work with victims of human trafficking, and in private with a social worker, if the victim so requests.

5) Allow social workers from MOLSA or from Organizations party to this agreement to be present at all BCPs in Albania in order to participate in interviews with and provide support to possible or suspected victims of trafficking –   see 5.A.4.

6) In coordination with the national ‘Responsible Authority’, the Centres and Organizations, ensure that, in the case of child returnees, child inadmissibles, or children internally identified as being actual or suspected/potential victims of trafficking, the interviewing of the child receives priority and is conducted in private, using a child-sensitive approach, jointly by a police officer and a psychologist/social worker, both specially trained to work with child victims of trafficking, and to respect at all times the well being and best interests of the child.

7) Ensure that the above mentioned police structures and approved social workers, when processing and interviewing deportees, inadmissibles, and suspected victims of trafficking, use the agreed upon standard criteria for the determination of potential victims (attached at Annex 1 of this Agreement).

8) Properly utilize the database within the Information Management and Technology Directorate of the Albanian State Police to open, maintain and update electronic case   files for all suspected or identified victim returnees etc., and collect and process all returnee data following the standard Albanian State Police ‘Total Information Management System’ (TIMS) operating procedures.

9) Provide National Identity Documents, where necessary, to Albanian trafficking victims, and Temporary Residence Permits to all foreign victims wishing to remain in Albania for purposes of refection and rehabilitation, assisted repatriation, or to cooperate with Albanian criminal proceedings.

10) Report and refer to the national ‘Responsible Authority’, and to the Centres or Organizations as appropriate, all identified foreign victims of human trafficking identified in Albania. Such victims or suspected victims should not be required to return to their countries of origin until they have been interviewed by police and/or prosecutors and screened by a pre-screening team, had access to social services, given an opportunity to apply for temporary residence for a period of refection, and (depending on their wishes) to initiate denunciation or prosecution procedures, and until the proper repatriation procedures have been completed, in cooperation with counterpart structures in their countries of origin. All actions regarding the initial reception, accommodation and protection of such victims will be the responsibility of the national ‘Responsible Authority’, in cooperation with assigned specialist police, prosecution and other relevant government services. (This Agreement also incorporates, where relevant and appropriate, the instructions on the pre-screening procedures for foreign victims of human traffcking and irregular migrants issued on 12.10.2004 No 2009 by the Minister of Public Order: referrals of foreign victims or irregular migrants should follow the instructions outlined in the above referenced procedures).

11) Provide security for the premises of the NRCVT and other Centres or Organizations as appropriate, and protection for the beneficiaries, social workers and staff of the NRCVT and other Centres and Organizations, if it is determined that they require such protection.

12) In cooperation with the national ‘Responsible Authority’, guarantee the security of transportation of victims from local police directorates/ BCPs to and from their families, the NRCVT and other accommodations. As appropriate, and taking in to account the best interest of victims, transportation may be conducted by civilian vehicle of the assisting Centre, Organization or family.

13) Provide secure transportation and other security measures as appropriate for victims who collaborate with police/prosecutors, and/or have initiated criminal proceedings against their traffickers, in order to protect them until the end of such proceedings, or thereafter, in accordance with the Law on Witness Protection, the Law on Serious Crimes Courts, and the decisions of the Witness Protection and Collaborators of Justice Sector.

14) Report, in accordance with the National Anti-Trafficking Action Plan 2005-2007, on a quarterly basis to the Office of the Minister of State for Coordination/National Anti-trafficking Coordinator on the numbers and status of victims and potential victims processed by the above police structures, on a strictly anonymous basis, and analyse trends in the trafficking of persons, based on the data gathered during the process of initial reception and referral.

15) Initiate investigations and take appropriate measures to prevent specific cases of trafficking or re-trafficking, based on information provided confidentially by the NCRVT and other Centres and Organizations.

B. The Ministry of Labour and Social Affairs, the NRCVT, ‘Vatra’, ‘Tjeter Vizion’ and the International Organization for Migration-Tirana (the ‘Centres’), the national ‘Responsible Authority’, and the Organisations will:

1) Respect the wishes and interests of victims and beneficiaries, and conduct referrals in accordance with this principle. In the case of child victims of trafficking, the best interests of the child should be paramount in all decisions taken.

2) Respect the privacy and confidentiality of the information provided by those assisted.

3) Establish and strictly respect standards of conduct for staff in contact with victims, including child victims. (See also Article 5.C. 3.)

4) Ensure that victims receive services and assistance on a strictly voluntary basis, and, in the case of children, with the agreement of a parent/legal representative/guardian. (In the case of an identified or suspected child victim, a case manager/additional social worker will also be appointed at local level, who will be present during the entire process, including at all contact with the child’s family and other relevant actors).

5) Make available trained state social workers to participate in the initial reception and interview of actual or presumed, or potential victims at all main border crossing points (BCP), and at police directorates.

6) Accommodate at the NRCVT all victims of trafficking, who need to attend judicial proceedings in Tirana, as well as all foreign victims of trafficking in order to expedite repatriation procedures. (In the case of foreign victims, inform them about their Temporary Residence Permit options prior to initiating repatriation procedures, and provide legal counsel if a foreign victim wishes to seek a Temporary Residence Permit for Albania).

7) Accommodate at other Centres or Organizations, trafficking victims who require longer-term reintegration assistance, and victims who wish to be located, for personal reasons, in another part of Albania, or closer to their homes/families. (See also Article 5. C.2.).

8) Facilitate contacts between beneficiaries of Centres and Organizations and their families, and negotiate family re-unification, where appropriate.

9) In the case of children, conduct risk and security assessments and family assessments by specially trained State Social Services and other qualified staff to determine whether the family environment is safe for a child’s return, bearing in mind that family reunification is preferable for all children. If the family environment is not suitable (for example, if appropriate care is nor available, or the family/legal guardian are suspected of involvement in the trafficking), children should be accommodated whenever possible with extended families or in foster homes, which have been screened and approved by State Social Services, or in Centres specially designed to accommodate children, if a suitable foster family cannot be found. If a child’s family cannot be located or if there is reason to believe the child’s family may be involved with his/her trafficking, the child should be referred for immediate accommodation and assistance to the nearest service provider, using the directory of service providers issued by MOLSA (See also Article 5.C. 2.).

10) Provide transportation for victims to their homes/families or other protected accommodations, with police security assistance when deemed necessary. Return to families will only take place after an assessment of the personal circumstances of each victim by the national ‘Responsible Authority’, involved Centres or Organizations, and when both parties (the victim and family) agree.

11) Promote the reintegration of victims through referrals to State agencies, as well as to other Organizations, for a wide range of services, including education, vocational training, job placement, housing, medical and counselling services, and other social services, appropriate to the individual victim’s needs and interests.

12) Facilitate cooperation between police and/or prosecution officials and victims in cases where the latter have made formal denunciations of their traffickers, and agree to such contacts; and assist victims by providing specially trained lawyers, social workers or psychologists from the State Social Services, Centres or Organizations to attend at interviews with police or prosecutors. The Centres or Organizations will also identify legal advocates to accompany victim-witnesses in court and to represent their interests throughout the process. In the case of children, and as prescribed in Law, a legal advocate should attend all interviews with police or prosecutors to safeguard the legal rights of the child. A child should also be provided with a social worker/ psychologist to protect their best interests and well-being. All children will be accompanied at such interviews and at court proceedings by a ‘responsible adult’, as well as a legal advocate.

13) Cooperate as appropriate with specialized international organizations, other government structures and approved non-profit organizations for the longer-term reintegration and, where necessary, relocation of victims and victim-witnesses. In cases where the lives of cooperating victims and victim-witnesses are considered to be particularly endangered, this should be in cooperation with the Witness Protection and Collaborators of Justice Sector in the Ministry of Public Order established under the Law on Witness Protection. If the victim-witness is not included in the latter, but is still considered to be in danger, the national ‘Responsible Authority’, Centres and Organizations will cooperate, as hitherto, with designated international organizations and Embassies in Albania to facilitate the external relocation of endangered victims.

14) Maintain close contact, on a non case-specific basis, with the Directorate General of State Police and its relevant structures on trends identified in the course of their activities. Communication of non-judicial information and periodical meetings between the Anti Trafficking Sector of the Organized Crime Directorate and designated staff of all of signatory Centres and Organizations is expressly envisaged in this Agreement.

15) Report on a quarterly basis, via the national ‘Responsible Authority’, to the Office of the Minister of State for Coordination/National Anti-trafficking Coordinator on the numbers, status and reintegration progress of victims assisted by the Centres and Organizations, on a strictly anonymous basis, and analyse trends in the trafficking of persons, based on data gathered during the process of identification, protection and assistance.

16) For the purpose of the reporting required in B. 16 above, use the agreed upon standard criteria for the determination of potential victims (attached at Annex 1 of this Agreement).

C. The Directorate of Social Services in the Ministry of Labour and Social Affairs will additionally and separately:

1) Create, staff and fund within two months of the coming into force of this Agreement a national ‘Responsible Authority’ within the Directorate of Social Services to coordinate and process referrals for all trafficking victims, and to perform all other coordination and reporting functions assigned to it in this Agreement; and make available to all other Parties to this Agreement the telephone, fax, e-mail and duty officer contact numbers of the ‘Responsible Authority.

2) Establish, a directory with out-of-hours contact numbers / information on approved Centres and Organisations capable of providing initial/emergency accommodation close to all main border crossing points (BCP) for adult and child victims/ returnees, for use by police and social services, pending formal referral via the national “Responsible Authority’ to other National Referral Mechanism structures envisaged in this Agreement.

3) Establish, in consultation with international organizations and civil society experts, the appropriate criteria and mechanisms to accredit social, legal and psychological service providers working in or with State Social Services, civil society organizations and in the private sector.

4) Monitor, in conformity with the relevant Albanian legislation, the service delivery for victims of trafficking, including compliance with established standards of conduct, by the NCRVT, and other Centres and Organizations. In monitoring service delivery to child victims, care should be taken to ensure that the service provided addresses the needs of children, as prescribed in the Albanian Family Code and other relevant Albanian and international instruments.

5) In the specific context of the National Strategy and Action Plan on Combating Trafficking in Children 2005-7, ensure that the national ‘Responsible Authority’, upon referral by one of the Parties to this Agreement, coordinates with the appointed State Social Services Case Manager at local level in conducting, together with other parties to this Agreement, family assessments of child victims, and participates in the longer-term follow-up plan for the child developed at the local level. The Social Services Case Manager should approve, in accordance with the best interests of the child/families, any subsequent referrals to other Parties, including the identification of suitable foster care for child victims.

6) In accordance with the National Action Plan on Combating Trafficking in Human Beings 2005-7, negotiate and conclude outsourcing agreements between parties to this Agreement and other national and regional Organizations to establish, operate and fund a nationwide toll-free SOS help line for trafficking victims and their families etc., based on the national and international victim protection networking expertise of Centres and Organizations, international organizations and other civil society partners.

D. The Ministry of Foreign Affairs/Consular Directorate will:

1) Notify the national ‘Responsible Authority’ about all cases referred to them in advance by foreign counterparts and foreign NGOs regarding the status and proposed voluntary or involuntary return of identified or presumed Albanian victims of trafficking.

2) Instruct and train its officials in Tirana and at Albanian Embassies and Consulates in main destination countries to provide victim-sensitive consular advice to victims and presumed or potential victims of human trafficking.

3) Cooperate with host country authorities in helping identify, protect and facilitate the assisted return and referral of actual, presumed or potential victims. The purpose of such enhanced cooperation between Albanian Embassy and Consular officials overseas and the law enforcement, immigration, social services and civil society victim support structures in main destination countries, should be to reduce the number of victims returned without prior notification, or the prior activation of the assistance and referral mechanisms envisaged in this Agreement.

4) Liase effectively with the national ‘Responsible Authority’ and other Albanian governmental and civil society victim protection structures, which are Parties to this Agreement.

5) Assist in the drafting and distribution of printed and other materials in Albanian and English by Albanian Embassies and Consulates in main destination countries, warning of the dangers of trafficking; advertising European and Albanian toll free help line and shelter numbers; and giving contact details of local Albanian Embassies and Consulates, as well as the range of assistance and support available to victims, based on the mechanisms envisaged in this Agreement.

6) In accordance with this Agreement and the National Strategy and Action Plan on Combating Child Trafficking 2005-7, conclude a Cooperative Agreement with Greece for the protection and Assisted Voluntary Return (AVR) of unaccompanied, at-risk and/or trafficked children: and negotiate similar Cooperation Agreements with other main child trafficking destination countries: and provide appropriate liaison between host government authorities and the national referral and protection mechanisms identified in this Agreement with responsibility for the assisted return of children.

ARTICLE 6. IMPLEMENTATION, MONITORING AND COORDINATION OF AGREEMENT:

In order to ensure the successful implementation, monitoring and coordination of this Agreement, the Parties agree to establish a National Referral Mechanism Working Group composed of one Focal Point and one designated reserve member from each Ministry, Institution, Center and Organization that is or subsequently becomes a Party to this Agreement, plus a representative of the Office of the Minister of State for Coordination, to meet every three months (or more often if requested by one of the Parties) under the Chairmanship of the national ‘Responsible Authority’ in the Ministry of Labour and Social Affairs.

The Working Group will monitor progress in the implementation of this Agreement, and discuss individual cases and issues of common concern, including budgetary issues. In addition, data collected by the national ‘Responsible Authority’, Centers and Organisations to monitor the implementation of the Agreement will be reported to the Office of the Minister of State for Coordination, on a quarterly basis, in accordance with the reporting requirements of the National Anti-Trafficking Action Plan 2005-7. (See Articles 5. A. 15 and 5. B. 16.).

ARTICLE 7. DISPUTES:

Any dispute, controversy, or claim arising out of or relating to the present Agreement, including its invalidity, breach or termination, shall be settled amicably through discussion and negotiation involving all Parties, as well as the Chair and members of the National Referral Mechanism Working Group.

ARTICLE 8. ENTRY INTO FORCE:

This Agreement shall enter into force upon signature by all the above-mentioned Parties, and will be subject to automatic renewal after one year, unless terminated earlier by the provision of not less than six months written notice addressed to each Party and to the Chair of the National Referral Mechanism Working Group by any of the Parties.

This Agreement is open to subsequent signature by other Parties, including other Centres and Organizations, which fulfil the criteria for participation described in Article 2 g, upon the written agreement of the above-mentioned signatory Parties.

ARTICLE 9. MODIFICATIONS:

Modifications and amendments of the present Agreement shall be made in writing with the consent of all parties.

SIGNATURES OF THE CONTRACTING PARTIES:

For the Ministry of Labour and Social Affairs

Ms.Natasha HODAJ

General Director of State Social Services

For the National Reception Centre for the Victims of Human Trafficking:

Ms. Fatbardha CAKO Director

For the General Directorate of State Police:

Leader Bajram IBRAJ General Director of State Police

For the Ministry of Foreign Affairs:

Roland BIMO Secretary General.

For the “Vatra” Centre, Vlora

Ms.Vera LESKO Executive Director

For the ‘Tjeter Vizion’ Center, Elbasan.

Arian CALA Director

For the International Organization for Migration

Maurizio BUSATTI

Chief of Mission, IOM-Tirana

Tirana, on 18 July 2005

ANNEX 1

INSTRUCTIONS FOR THE DETERMINATION OF ACTUAL, PRESUMED, OR POTENTIAL TRAFFICKED VICTIMS

I. Objectives

To ensure that all those participating in the National Referral Mechanism are using the same criteria to identify actual, presumed or potential victims of trafficking. Parties to the National Referral Mechanism Agreement are free to provide assistance to whomever their mandate allows. However, they agree to report to the Parties to this Agreement as Actual, Presumed, or Potential trafficking victims, only those who meet the criteria outlined in this Annex.

II. Principles

a. the rights of all those interviewed and assisted are always respected;

b. the rights of children (anyone under 18) are always respected and every effort made to meet the needs of children;

c. no harm is done to the interviewee or beneficiary;

d. the interviewee / beneficiary is not traumatized;

e. the interviewee / beneficiary is not pressured to denounce traffickers;

f assistance is offered whether or not the person is willing to make a formal denunciation of their traffickers;

g. every effort is made to understand the interviewee’s / beneficiaries circumstances so that risks can be properly assessed;

h. promises made regarding assistance can be fulfilled;

i. emergency situations are anticipated.

j. persons are not held or detained against there will without a strong legal basis

III. Children

Special consideration must be given to children (anyone under 18 years of age). The following guidelines should be observed:

- Child victims should be questioned in a child-sensitive manner.

- Questions should be adapted in order to take into consideration the age and mental capacity of the child.

Only specially trained members of the law enforcement authority should question child victims. Wherever possible, child victims should be questioned by law enforcement officers of the same sex.

- In depth information regarding the experience of the child whilst trafficked, and any knowledge they may have of illegal activities etc. should not be sought in initial interviews. Follow-up is required.

- Interviews of children must take place in the presence of a parent, or in the cases where this is not possible, due to a parent not being present or, in case there is suspected or known family involvement in the trafficking, in the presence of a trained psychologist.

IV. The Interview Process

a. The interviewee and the interviewer must be able to communicate in a common language: interviewees who cannot communicate in a language understood by the interviewer shall be treated as referred (as a possible victim of trafficking) until direct (interviewee/interviewer) communication is established.

b. Interviews should be conducted in a private place, without the presence of others – except in the case of minors accompanied by their parents as noted below.

c. Interviews should be conducted by specially trained personnel

d. Interviewees shall be informed of confidentiality and anonymity.

e. Interviewees shall be informed on how information provided will be used.

f. The interviewer has obtained the interviewees consent in order to complete the interview process. If the interviewee does not consent, s/he must be free to go.

g.   Interviews may take place over time; everything does not have to be determined at once.

V. The Determination:

A. Exploitation:

1. What activity was the interviewee engaged in abroad?_________________________

(Answers such as agricultural work, domestic work, entertainment, prostitution, work as dancer, waitress, or bar- tender, may be indicative of trafficking.)

2. How soon after arriving abroad did the interviewee begin working?

□  Less than a week……………………□  More than a week

(A gap of more than a week between the person’s arrival and their starting work may be an indication that this is NOT trafficking)

3.  Was the interviewee paid a different amount from the employer than had been previously agreed?

□  Yes              □  No   (An answer of yes may be indicative of trafficking)

4. Was the interviewee required to give his/her earnings from the job to someone else?

□  Yes          □ No   (An answer of Yes is indicative of trafficking)

5. While abroad was the interviewee forced to do anything s/he didn’t want to do? Was the interviewee
at any time deceived about the work or coerced, threatened, beaten, or held against his/her will
in relation to a job?

□  Yes          □  No (An answer of Yes is highly indicative of trafficking)

6. Was the work that the interviewee actually did abroad different from the work s/he was promised
before leaving Albania?

□  Yes          □  No (An answer of yes may be indicative of trafficking)

7. Were the conditions of work worse than what the interviewee expected?

□  Yes           □  No   (An answer of yes may be indicative of trafficking)

B.  Means:

8.   Did the interviewee have a debt to pay to anyone for helping arrange transportation or travel
documents, or to help find you a job?

□  Yes          □ No (An answer of Yes is indicative of trafficking)

9.   While abroad, was the interviewee able to move about freely, at his/her own will, or was his/her
movement restricted or s/he was always accompanied?

□  restricted/accompanied               □  not restricted

(Restricted movement is indicative of trafficking)

10.  Was the interviewee at any point threatened, beaten, forced to leave Albania, forced to go to
another country, or forced to stay abroad after voluntarily going?

□  Yes               □  No (An answer of yes may be indicative of trafficking)

C.  Recruitment and Transportation

11.  Who arranged the interviewee’s transportation?

□  Self……………□  Family………□  Boyfriend………□  Friend Recruitment Company

Other:_________________________________

If the interviewee did not make arrangements personally, it could be indicative of trafficking.

12.   Who arranged the interviewee’s documentation?

□  Self……□  Family……..□  Boyfriend…………□  Friend Recruitment Company

Other:_________________________________

If the person did not make arrangements herself, it could be indicative of trafficking.

13. Who arranged the interviewee’s job placement?

□  Self……. □  Family……….□  Boyfriend……..□  Friend Recruitment Company

Other:_________________________________

If the interviewee did not make arrangements personally, it could be indicative of trafficking.

If self to any of 11 – 13 above, go to 14

All other answers, go to 15

14. If the interviewee made any of these arrangements personally can s/he adequately describe how s/he made those arrangements?

If person cannot answer this clearly or does not know the process required to get a passport or visa, it may be indicative of trafficking.

15. Who paid the interviewee’s travel costs?

 □  Self........□  Family......□  Boyfriend…………□  Friend Recruitment Company

Other:___________________________________

Existence of a third party may be indicative of trafficking

D. Determination

Potential Victim of Trafficking - Adults: If interviewee gives at least one answer that is indicative of trafficking in each section - A, B, and C, the interviewee must be classified as an actual, presumed or potential victim of trafficking. The interviewer should offer the interviewee assistance through the National Referral Mechanism. The interviewer should also explain that those who did this to the interviewee have broken the law; and if s/he wishes s/he can file a complaint with the police.

Potential Victim of Trafficking - Children: In the case of children (anyone under 18 years old), any one answer indicative of trafficking in section A and C only, requires that the interviewee be classified as an actual, presumed or potential victim of trafficking. The interviewer should explain to the minor that the family will be contacted. The following situations may result:

1. The child does not want to return to the family: In this situation, the interviewer must take responsibility for the minor/[child] and bring him/her to a safe shelter approved by MOLSA, in accordance with the National Referral Mechanism, until more appropriate accommodation can be found. The interviewer should contact state social services who will immediately file a petition with the court for a temporary custody order and will contact the family to inform them that their child is temporarily in state custody. State social services will then conduct a family assessment to aid in the determination of the best long-term solution for the child.

2. The child wishes to return home and the family does not appear to have been involved in the child’s exploitation: In this situation, the child can be released to the family. However, a report must be fled with both the local police in the region to which the child is being returned and with State Social Services. Both the local police and the local office of state social services must make a follow-up visit to the family within one week. The family of the child must be informed that the police and social services will be making a visit to their home to follow-up and ensure the child’s welfare.

3. The child wishes to return home but it appears from the child s statements that the family was involved in the child’s exploitation: In this case the child should not be released to the family until state social services have had an opportunity to meet with the family and conduct a preliminary risk assessment for the child. For this purpose, the social worker and border police should contact the local authorities in the child’s home community immediately. If the preliminary risk assessment does not reveal any immediate risks or threats to the child, the child may be returned to the family, but both local police and the local office of state social services must make a follow-up visit to the family within one week. A social worker should accompany the child home under police escort to ensure their safety. Before turning the child over to the family, the border police and social worker must ensure that reports are fled with both the local police in the region to which the child is being returned and with State Social Services. If the preliminary risk assessment does reveal a potential risk or threat to the child, the child should be taken to safe temporary accommodation at an appropriate and pre-approved facility as near to the child’s family’s residence as possible while further checks are conducted. The social worker should contact state social services, which will immediately fle a petition with the court for a temporary custody order and will contact the family to inform them that their child is temporarily in state custody. State social services will then conduct a full family assessment to aid in the determination of the best long-term solution for the child. This also provides time and space for the child to reflect on what has happened to them and what their choices are for the future, and then make an informed choice within a safe and sheltered environment, away from potential family pressures. It also provides the State with time to assess the family situation more fully for possible risks and threats to the child.

4. In both 2 and 3 above, if the parents cannot be contacted, the social worker should take responsibility for the child and bring him/her to a safe shelter, in accordance with National Referral Mechanism Agreement procedures, until the parents or legal guardian can be located.