Consider This…Take Counsel…Speak Out:
A Consultation
Against Commercial Sexual
Exploitation
Sponsored by the
Lutheran World Federation /
North American Region
November 3-5,
2006
The
Strength of Networking
Between
Countries of Origin and Destination
By
Eugenia Bonetti, MC
USMI
Italian
Via
Zanardelli, 32
00186
Rome, Italy
Tel.
(39) 06‑68-400-555, Fax (39) 06‑68-801-935
Cell
(39) 339-193-4538
Introduction:
The Phenomenon of Sexual Exploitation
We are
all aware that forced prostitution of hundreds of thousands of young women has
become a thriving business, entangling countless countries in its web in some
way: as countries of origin, of transit and/or destination. The June 2006
Among
the factors we can catalogue are: the extreme poverty of many women and their
desire for emancipation and evasion from a situation of submission and
inferiority. For this, they risk everything--their life, dignity and
identity--to enter a European country and lifestyle. Our mass media presents
this “promised land” to them, and this is the dream that so many young women
carry in their hearts. Many know the dangers they might encounter in coming to
Minimum--or
total lack of--schooling and work opportunities are also factors that often lead
women down the road to sexual exploitation, especially for African women.
Further, the few examples of African women returning home with riches--which
they proudly display--are a strong motivator for many to imitate such an
adventure.
Additionally,
many young African women--as well as those from
In
There
are differences between African and Eastern European countries in the way the
trade is run. The management of the exploitation of Nigerian woman is still in
the hands of women, who lure the young victims in their country of origin, and
control them once they reach the country of destination. Men, instead, usually
oversee delivery, transporting the “goods” from one country to
another.
We
know the new routes and the huge risks involved in the journey through the
In
In
At
present,
In my
recent visits to Romania, besides abject poverty, still very visible in the
rural countries—now inhabited 0nly by children and elderly people, as young
people have fled—I have observed two interesting realities worthy of
mention.
The first is the presence of thousands of
small Italian entrepreneurs looking
for investments in
The
second is that in
Some
Considerations and Proposals:
Development
Our
efforts toward rehabilitation and integration of victims will be of no avail
unless we network with various NGO’s in countries of origin by investing in
preventive measures, and offering education and work opportunities to young
people who will continue to have no hope for a better life and future otherwise.
Pressure
on Governments
It is
critical to exercise pressure on governments so that they may not only pass
adequate laws against the traffickers and exploiters – knowing that the U.S.
Department of State annual Trafficking in Persons Report may identify their
country’s status – but also to ensure that the laws are adequately applied and
enforced. In July 2003,
The
Problem of Families in the Motherland
I am
not aware how many—if any—of the families in Nigeria are involved and/or have
knowledge of what their daughters are going to do in Italy, since all the young
girls feel ashamed in revealing what they do in the streets. Why do they not
want their families to know what they do? Simply because no one wants to be
identified as a prostitute.
Protection
of the Families
One
exigency that has emerged from the denunciations made by many young women is the
security and protection of their families in the country of origin. Due to the
collaboration of the sisters in
The
Denunciation of the Exploiters
All
the young women are horrified at the thought of having to denounce their
traffickers, but this opens channels for them to obtain the benefits of Italian
legislation. The victims know enough about the risks their families-- and they
personally-- are going to run. Typically, the Nigerian victims quickly say that
they do not have exploiters and that they have come to
The
Expulsion
Here
we find ourselves facing true tragedies, because the law
enforcement police arbitrarily interpret recent legislation for immigrants--the
Bossi-Fini Law--at the expense of the weakest and most defenceless of them. We
know that when police officers arrest young women, they give false names and
personal details, in the hope of not being identified and forcibly repatriated.
None of them want to be sent home, empty-handed and their flight to the
“promised land” branded with the stigma of failure. This is also a considerable
obstacle against our projects of social reintegration with victims, as the
retro-active expulsions have a juridical value and it is always more difficult
to have them cancelled. The numerous forced expulsions of young women are a
serious problem.
The
Temporary Detention Centre (TDC)
In
Repatriations
Mass
repatriations are of no use if we do not/can not offer the victims opportunities
and programmes of reintegration and formation once they are back in their
country. The young women from the East come and go quite easily. Many of them
also end up cycling through the Temporary Detention Centre in
Lawyers
We
have a critical need for an association of volunteer lawyers to help us
understand certain situations, to persist when human rights are not protected or
are being abused. This would be very important not only in countries of
destination, but also in the countries of origin in order to defend and protect
the families against retaliations.
Sheltering
Centres in
In
There
is a pressing need to assist the Romanian girls who must leave the government
institutions called “Camin” once they
turn 18 years old. This is a pending emergency, which some faith-based
organization and women religious in
Our
greatest strength and key to success in this ministry to victims of trafficking
is to join our efforts and network. The following initiatives carried out by
inter-congregations are worth mentioning:
v
Anti-Trafficking
Educational Kit for
religious communities, seminaries, schools, parishes and youth groups, available
in six languages - English, Italian, Spanish, French, Polish, and Romanian - has
been prepared by a working group on Counter-Trafficking in Women and Children of
the JPIC Commission of the International Union of Superiors General (UISG/USG).
Versions in Portuguese, German and Albanian are also in the process of being
printed;
v
Weekly
Visits by a
group of 14 nuns - from 11 congregations and of 8 different nationalities - to
one of the 14 Temporary Detention Centres in Rome, for the pastoral care of 180
women awaiting forced expatriation, after being detained for 60 days because
they were found with no documents[2];
v
A
Training Programme for Women Religious was
carried out in 2004 - 2006 in various countries touched by the phenomenon of
trafficking in persons:
Seeing
the positive result and participation of many religious communities, we hope
that such courses of professional preparation can be extended to more countries
of origin, transit and destination, informing and sensitising people on this
pressing issue, to the end of supplying adequate resources and solutions to a
world in need of hope and justice.
Conclusion:
The Strength of
Networking
In
dealing with this modern phenomenon, faith-based organisations and religious
communities of men and women must become aware of their great richness and
strength in being present in all corners of the globe. They are already working
in parishes, in schools and with youth groups, in daily contact with families
and youth who are at risk of being trafficked. Their service towards potential
victims can play an important role by informing them about the risk of being
trapped into the many forms of modern-day slavery. Additionally, we are all
called to form and educate men and women about their human dignity and
responsibility -- not only with the aim of preventing young women from being
deceived by traffickers, but also to stop the young men from creating the
“demand”.
There
is a great need to work together with all means available in countries of
origin, transit and destination. Our greatest desire is for an enhanced
collaboration among the various faith-based organisations addressing this issue.
By being in communion, and not in competition, allowing each group to offer the
richness of their specific role and experience, we can defeat the trafficking of
human beings.
“Together,
it will be possible”.
Thank
you for your attention.
Sr.
Eugenia Bonetti
Counter
– Trafficking Office
USMI
National
Section
II
Protection
and rehabilitation of the victims
of human trafficking is implemented in Italy through the issuing of a special
residence permit for the purpose of social protection under “Article 18 of a Legislative Immigration
Decree no. 286, dated July 25 of
·
The
Context of the “New Slave Trade” in
At the
beginning of the 1980s, following ongoing economic difficulties in developing
countries, thousands of women came to
The
phenomenon of immigrant women from developing countries “imported” to
Very
soon young women tried to run away from their traffickers and started asking for
help and protection. Several convents and Caritas Centres accepted the challenge
and the risk of the unknown by taking the girls in and hiding them within their
structures. At the outset, they faced many difficulties in assisting the victims
– language barriers, cultural differences, moral conflicts, public opinion and
the legal status of the victims. Very soon, by listening to their dramatic
stories, the nuns came to understand that their “work” as prostitutes – still
referred to as the ‘world’s oldest profession’— was not a choice they had made. What they
were faced with was a new form of
slavery. This situation challenged their values, attitudes, traditions and
their security, while at the same time it demanded immediate answers. Some
female congregations responded positively with a prophetic intuition by
providing shelters, language courses, training skills and job opportunities for
the victims they encountered. In this new environment, victims were also able to
heal deep psychological and spiritual wounds caused by their dehumanising
experiences. They were helped to regain their sense of self-worth, trust and
hope. A major obstacle however remained: having no personal documents, these
victims could not claim any legal rights in
In
collaboration with other forces and organizations that started giving attention
to the phenomenon, a few courageous and determined steps were taken to find a
solution.
1.
Meetings
with several women MPs to
advocate, address and discuss the issue of human trafficking of thousands of
women already in some protected shelters, to be rehabilitated and reintegrated
into society;
2.
Roundtable discussions
for exchanging information, consultation and
proposals among public institution and private NGOs were also set up; presided
over by the Ministers of Equal Opportunity and Social Services. Eleven
well-established national NGO’s and voluntary organisations were invited to
partake.
3.
The Inter-Ministerial
Committee against the slave trade
came into effect on February 24, 1998. Comprised of representatives of several
ministries, mainly women, in collaboration and consultation with several NGOs
insisting on granting legal status to victims of trafficking. They were tasked
with elaborating and presenting a special Article to the Parliament, to be
adopted in the new Immigration Legislation dealing with the prosecution of
traffickers and the protection of victims.
4.
Article 18 of Legislative
Immigration Decree no. 286 was approved by the Italian Parliament on July 25,
1998.
Article
18 of the Italian Alien Law envisages a new type of residence permit, referred
to as “Residence permit for social protection or for humanitarian reasons”. The
local police authority can issue this type of residence permit for two central
reasons:
A
victim can be helped through:
·
A hotline number (800.290.290)
established in 12 Italian regions, operating 24 hours a
day;
·
Outreach
units -
meeting women on the streets, offering medical opportunities, counselling and
information about options for obtaining legal status;
·
Drop-in
Centres for
a personal and deeper understanding of the victim’s needs;
·
Safe
shelters for
first or second accommodation, assisting victims fulfil their personal project
within the program of reintegration towards full autonomy. The project includes:
housing, social benefits, medical treatment, pastoral care, psychological
support, language course and training skills. The implementation of the program
can last for a minimum of six months to a maximum of two years, according to the
needs of the individual concerned, with the aim of full autonomy. Pregnant women
and mothers with children are also accepted in the shelters and normally remain
for a longer period.
Assistance
and protection can be
offered when a woman
is:
Ø
With
a permit to stay and work for six months;
Ø
With
a passport issued by the respective embassy.
Any
project will be discontinued when the applicant for legal status does not comply
with the above requirements.
·
A
resident permit for six months that can be renewed for another six months, while
the woman applies for a legal passport[4];
·
Upon
expiration, the resident permit can be renewed for another year or be extended
for a period equivalent to the term of a work contract, if the person concerned
already has a job, or if she is attending a course. The resident permit is also
valid for a study program when a woman has proper
requirements.
·
According
to data from the Ministry of Equal Opportunity (and noted in the U.S. Department
of State 2006 TIP Report), in 2005, the Italian government issued 922 temporary
residence permits[5]
to
trafficked victims who cooperated with law enforcement authorities.
·
Every
year the government allocates a budget for approved NGOs holding special
programmes for counter-trafficking activities and rehabilitation of
victims.
The
main motives behind this law are the will and need to stop trafficking in human
beings and to punish traffickers, to support and assist the victims in breaking
the chains that bind them to their exploiters, and to allow victims to the
opportunity for a process of social reintegration.
Sr.
Eugenia Bonetti
Counter
– Trafficking Office
USMI
National
November
2006
·
Comma
1:
Whenever police operation, investigations or court proceedings involving any of
the offences set out in art. 3 of law 75 (1958), or in art. 380 of the code of
criminal procedure, or whenever the social services of a local
administration, in the performance of their social assistance work, identify situations of abuse or severe exploitation
of a foreign citizen, and whenever the safety of the said foreign citizen is
seen to be endangered as a consequence of attempts to escape from the
conditioning of a criminal organization which engages in one of the afore-cited
offences, or as consequences of statements made during preliminary
investigations or in the course of court proceedings, then the chief of police,
also acting on the proposal of the Public Prosecutor, or with the favourable
opinion of the same Public Prosecutor, may grant special residence permit
enabling the foreign citizen to escape from the situation of abuse and
conditioning perpetrated by the criminal organization and to participate in a social assistance and
integration program.
·
Comma
4: The
residence permit issued in pursuance to this article has duration of six months and may be renewed for one year
or for a longer period, if required for judicial purposes. The said permit
is revoked in case the holder drops from the social programs or engages in
behaviour which is incompatible with the program’s goals, as reported by the
Public Prosecutor or by the local administration’s social service, within its
sphere of competence, or as ascertained by the chief of police, or in the case
that the other conditions that initially warranted the issuance of the residence
permit should no longer apply.
·
Comma
5: The
residence permit provided for by this article enables access to social services and to educational institutions, as well as
enrolment in the Employment Bureau, and the possibility of access to employment, provided that the
minimum age requirement is met. Should the holder of the residence permit be
employed as at the date of expiration, then the said permit may be renewed for
the duration of the employment contract. In the case of an indefinite employment
contract, the modalities for the issuance of residence permits on such grounds
apply. The residence permit provided for by this article may also be converted
into a residence permit for educational
purposes, when the holder of the said permit is enrolled in an official
educational institution.
·
Comma
7: The
financial burden resulting from hereto article is estimated as ITL five billion
in 1997 and ITL ten billion annually, starting from the year
1998.
Regulation
to carry out the Consolidation on provisions concerning immigration discipline
and rule of foreigner’s condition regarding Art. 18 of Legislation Decree no.
286 dated July 25, 1998
Art.
27. (Release 0f Permit 0f Staying for Reasons of Social
Protection)
1.
When the events mentioned in Article 18 0f the law exist, the proposal to the
release 0f the permit 0f staying f0r reasons 0f social protection is carried
out:
a)
from social services
b)
from the Public Prosecutor in cases in which a criminal proceeding has already
started f0r facts 0f violence or serious exploitation referred in Section a when
during this proceeding the foreigner states declarations.
2.
When the chief
a)
the opinion 0f Public Prosecutor when circumstances referred in Section 1,
Letter b), recur and if the prosecutor omits to formulate the proposal or if
this one does not give any information about the seriousness and actuality of
the danger;
b)
the assistance and social integration program concerning the foreigner, as the
prescription of Ministerial Commission states, as referred to in Article
25;
c)
the agreement 0f the foreigner to this program, after consulting about
consequences determined by the Consolidation in the case that the program would
be interrupted or in the case that the f0reigner would behave in a way that is
not acceptable in relation to the aims 0f the program
itself;
d)
the acceptance of the obligations connected to the program by the person
responsible for the structure where the program will be carried
out.
3.
When the proposals carried out as stated in Section 1, Letter a), the chief 0f
the l0cal headquarter evaluates the seriousness and the actuality of the danger
even considering the elements mentioned in this proposal.
[1] Full report on section II.
[2] For the past four years, sisters have been offering this ministry of mercy and comfort for religious and pastoral assistance, moral and psychological support to the many women in despair who do not want to go back home empty-handed and labelled as "prostitutes."
[3] The main aim of
the courses was to offer women religious adequate professional preparation which
would enable them to promote prevention in the countries of origin and the
reintegration of victims through specific interventions. A manual for such
training has been produced in Italian and English.
[4] In the last six years the Nigerian Embassy in Rome has granted, through our NGOs, more than 2.000 passports to victims who wanted to remain in Italy but needed to complete their legal status;
[5] The total number of resident visas issued
since the implementation of Article 18 is high: more than 5.000 that are fully
reintegrated into our Italian social
life.