The Prelude to Human Trafficking Vulnerable Spaces for Andean Migrants in the European Union by CHS Alternativo

mirada ciudadana/ capital humano y social alternativo

The Prelude to Human Trafficking Vulnerable Spaces for Andean Migrants in the European Union

Written and Published by: MIRADA CIUDADANA* Citizen Watch Group against Human Trafficking, Human Smuggling and Missing Persons. With the research support of Dr. Ruth Van Dyke, Equality & Diversity Leader, Senior Lecturer in Social Policy. South Bank University, London.

First edition: 500 copies July 2009 Printed in Peru Cover design: Brennan Paezold, photographer Legal Deposit in the Peruvian National Library Nยบ2009-09073. CHS Alternativo

* This document has been published with the assistance of the European Union. The content is the exclusive responsibility of Mirada Ciudadana - CHS ALTERNATIVO and should in no case be considered to represent the views of the European Union.

The Prelude to Human Trafficking

Contents INTRODUCTION

CHAPTER I Research Methodology

CHAPTER II Background

CHAPTER III Context: Motivation for Andean Migration to the European Union

Historical Links

Push-Pull Factors for Migration to Europe

Amnesties for Irregular Immigrants

CHAPTER IV Situations of vulnerability and Spaces for Human Trafficking

Job Sectors where human trafficking can exist in the EU

Migratory Flows CAN- EU: Progressive Hardening

CHAPTER V Cases of Human Trafficking Victims from Peru and the Andean Region in the European Union

Organizations in Contact with Trafficking Victims in EU Countries

Additional Information

CHAPTER VI Conclusion

BIBLIOGRAPHY

APPENDIX

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Introduction This exploratory study was born out of the desire to shed light on possible human trafficking cases in Europe. The initial research goals were modified during the research process due to difficulties in locating human trafficking cases in which Peru was the country of origin and Europe the point of destination. For this reason it was not possible to learn about characteristics of the victims or about their experiences. Consequently, more emphasis was placed on examining factors that could have favored the development of human trafficking in Europe and which could help explain why some groups of people may be more vulnerable than others to becoming victims of human trafficking. Given the difficulties of obtaining information about victims of Peruvian origin in the European Union (EU), it was deemed necessary to expand the scope of the research and include information about people from the entire Andean community (Ecuador, Colombia and Bolivia, as well as Peru). However, the main results of this study focus on the Peruvian community, while data regarding trafficking victims from the Andean community serve as contextual support. Following the initial research, Mirada Ciudadana continued the study, broadening the scope and research about irregular migration of persons of the Andean community in the European Union, especially in Spain and Italy, countries which contain more than 70% of the Andean migrants in the European Union. 1 Mirada Ciudadana contacted civil society organizations that deal with human trafficking in the European Union and migratory issues in general in Peru, as well as Peruvian consular representatives in European countries with the largest number of Andean migrants. Mirada Ciudadana also contacted European government offices which provide assistance and protective services to trafficking victims in EU countries. The authors also contacted Peruvian associations in the EU. The primary objectives of this study seek to identify cases of human trafficking victims in the European Union and to identify vulnerable situations conducive to human trafficking. These objectives lead to several questions which have been separated into two main areas:

Interview with representatives of the Peruvian Ministry of Foreign Affairs, June 10, 2009.

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2 Vulnerable Spaces for Andean Migrants in the European Union

The first area includes questions related to the quantitative and qualitative dimensions of human trafficking and groups of people that are vulnerable to exploitation: What are the driving factors leading to the existence of spaces prone to human trafficking and human exploitation in general? How is it possible to obtain viable statistics given the illicit nature of irregular migration? How many confirmed cases exist involving trafficked Peruvians in the European Union? How many cases exist that involve persons from other Andean countries? What impact could irregular migration have on the global human trafficking problem? The second set of questions relates to the best mechanisms for obtaining this information: What institutions have the greatest access to victims: Consular representatives whose mission is to protect their fellow citizens? Civil society organizations and government entities that provide specialized assistance and protection to trafficking victims? Local associations established in the receptor countries comprised of Andean citizens? Are these institutions willing to share this information and why? What responses did these institutions provide when contacted? In response to these questions, the study is divided into five main sections: • The first section presents the research aims and methodology. • In the next section, the historical background of this issue is reviewed to provide a foundation for further development. • Subsequently, the context and motivations for Andean migration to the European Union are explored, reviewing historical links as well as the main causes of this phenomenon. • Based on these factors, the fourth section deals with the principal vulnerable spaces in which the conditions conducive to human trafficking are fostered. The main job sectors where exploitive situations identified are examined, as well as the development of European migratory policies and their impact on human trafficking. • The fifth section outlines cases that have been identified and their characteristics, including a brief analysis of possible reasons for the number of cases identified. Finally, it provides comments about the responses from each sector contacted. This initial study aims to demonstrate the difficulty of gaining access to quantitative and qualitative information that would permit the identification of characteristics of persons vulnerable to human trafficking. In addition, it seeks to clarify important aspects of the contexts in which victims of exploitative situations and potential human trafficking cases are found. Thus, this study will serve as a foundation for future research within the European Union that will be able to identify vulnerable spaces and interview victims to learn about more aspects of their actual situations.

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Chapter I

Research Methodology •

The research aims of this exploratory study are the following: 1. To identify cases of human trafficking of victims from Peru and the Andean region to Europe.

•

2. To examine the crime of human trafficking and its connections to the illicit transfer of migrants (otherwise known as human smuggling). 3. To explore the factors which contribute to the creation of an environment conducive to the trafficking of Peruvians and others from the Andean community to Europe. As part of the research process, Mirada Ciudadana reviewed literature published both in Peru and in Europe on topics related to human trafficking, as well as international documents focus focusing on migration, and documents regarding the demand for exploitable labor in Europe. The following data collection strategies were used: •

Review of documents related to human trafficking in Peru and the Andean community and those about human trafficking in the EU.

•

Internet searches to locate documents dealing with: the migration of Peruvians and Andean nations toward Europe; migration methods used from South America to Europe – by legal or illegal means; push factors the lead people (including human trafficking victims) to migrate; and documents regarding the demand for exploitable labour in Europe.

•

Identification of organizations in Western Europe that currently deal with human trafficking issues. Eighteen organizations were contacted. Identification of forty-seven Peruvian associations in twelve European nations and seventeen associations from other Andean countries in Spain and Italy. Contact was attempted with each association. Contact with the Peruvian government through the General Immigration Office and the Ministry of Foreign Affairs in order to obtain information about seventeen consular offices in the EU. Contact and/or interviews with nongovernmental organizations (NGO) and Inter-Governmental Organizations (IGO) that deal with migration issues in Peru such as the International Migration Organization (OIM) and members of the Peruvian Network for Migration and Development (Red PEMIDE) of which CHS Alternativo is a member.

The methodology was chosen in order to obtain information expressing different viewpoints, including those of the Peruvian government offices that deal with migration issues and human trafficking, as well as those of civil society organizations both in Peru and the European Union. In addition, it was considered crucial to collect information from a wide spectrum of associations, including those that work directly with victims of human trafficking in the European Union.

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Chapter II

Background Human migration has occurred since the beginning of humankind. This migratory tendency, described by many writers as “inherent to human beings”, has formed the origins of international trade, cultural exchange and enrichment, and many other factors that shape current societies. 2 The current territorial configuration of our Nation-States has not slowed this movement, which largely occurs from south to north, or more accurately from developing countries to developed countries. 3 Rather, this configuration has created vulnerable spaces for migrants in search a better quality of life. These vulnerable spaces are due to the limited ability that migrants have to exercise their rights as established by receptor states, that goes further than the discrimination against those groups, minority populations in the places to which they migrate.

reached 191 million, equivalent to 3% of the world population. 4 In the case of Peru, from 1930 to 2007 three million Peruvians left the country according to the Continuous National Survey carried out by the National Institute of Statistics and Technology (INEI) and migratory control registries. Between 1999 and 2008 this trend increased as 1,940,817 Peruvians traveled abroad and did not return. 5

Accordingly, migratory flows recorded sustained growth from 1980 to 2008, when the total number of migrants

More specifically, the Ministry of Foreign Affairs has calculated that one million Peruvians currently reside in member countries of the European Union as legal and irregular migrants. Of these, around 70% (700,000) live in two countries: Spain and Italy. 6 If we take into account the fact that more than 25% of the total number of Peruvian migrants in the entire world reside in Europe, these countries are home to almost a quarter of the total Peruvian migration worldwide. 7 In the case of Spain, migration has increased even more rapidly in the years leading up to 2008, due to the fact that this country had the highest European

See, for example, LORCA Alejandro, et al, Inmigración en las fronteras de la Unión Europea, ed. Encuentro, Madrid, 1997, or, BEL ADELL Carmen, ¿Fronteras abiertas, fronteras cerradas?, Papeles de Geografía, January – June, No. 035, Universidad de Murcia, Spain. Murcia, 2002. 3 AGUILAR CARDOSO Luís Enrique, Grupos en situación de especial protección en la región andina: migrantes. Comisión Andina de Juristas, Lima, May 2008.

SANCHEZ AGUILAR Aníbal, Peruanos Migrantes en la Ruta “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUDPerú, Fondo Editorial UCSS, Lima, October, 2008. 5 Ibid. 6 Interview with representatives of the Peruvian Ministry of Foreign Affairs, June 10, 2009. 7 INEI, DIGEMIN, OIM – Perú: Estadísticas de la Migración Internacional de Peruanos 19902007, Lima, February 2008.

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growth rates (between 3% and 4% from mid-2002 to mid-2008), largely driven by the construction industry. 8

Likewise, it is important to specify the flow of Peruvian migrants who choose European Union member countries as a final destination. According to the results of the INEI Continuous National Survey in 2006 and migratory control registries, 30.6% of Peruvian migrants reside in the United States, 14.0% in Argentina, 13.0% in Spain, 10.3% in Italy, 9.3% in Chile, 3.7% in Japan, 3.1% in Venezuela, 2.7% in Bolivia, 2.0% in Brazil, 1.7% in Ecuador, 1.4% in Germany, 1.0% in Canada, 0.8% in France, 0.7% in Australia, 0.6% in Mexico, 0.6% in Colombia, and 4.5% in other countries around the world. 10 In other words, 33.4% of Peruvian migrants choose other South American countries as a final destination, 32.3% choose North America and around 25.5% choose the European Union. This data shows that this region is the third largest destination for Peruvian migration as visible in Figures 1 and 2.

Later, following the debacle generated by the international financial crisis in the middle of 2008, many indicators of a change in migratory flows began to appear. This data is crucial to the context of this study. For example, in Spain, the main destination country for Peruvian and Andean migration to the European Union, unemployment reached 18.1% of the active population in April 2009, the highest in the Euro zone, according to the European Office of Statistics EUROSTAT. In addition, a North American newspaper stated that: in the EU, the number of temporary H-1B immigrant visas issued in the 2008 fiscal year fell 15% compared to the previous year. Meanwhile, in Spain, new entries within an employer-nomination scheme fell from 200,000 in 2007 to 137,000 in 2008. 9 35 30 25 20 15 10 5

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Figure 1. Percentage of Peruvians abroad per country of residence according to the INEI Continuous National Survey, 2006 (of a total of two million Peruvians abroad in 2006) 11

Source: Servicios de Estudios Económicos del BBVA. Online version: http://serviciodeestudios.bbva.com/KETD/fbin/m ult/090514_observatoriopibespana_tcm346194050.pdf 9 The Wall Street Journal, Crisis Affects International Migration Currents, June 30, 2009, on-line version: http://online.wsj.com/article/SB12464056800177 6663.html

SANCHEZ AGUILAR Aníbal, Peruanos Migrantes en la Ruta de “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUDPerú, Fondo Editorial UCSS, Lima October 2008. 11. SANCHEZ AGUILAR Aníbal, Peruanos Migrantes en la Ruta de “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUDPerú, Fondo Editorial UCSS, Lima October 2008.

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6 Vulnerable Spaces for Andean Migrants in the European Union

J a pa n a nd Austra lia 4%

Othe r 5% S outh Am e ric a 33%

E urope a n Union (S P ,IT ,G E ,F R ) 26%

Figure 2. Percentage of Peruvians abroad per region of residence according to the INEI Continuous National Survey, 2006

North Am e ric a 32%

However, even though these are official figures, care must be taken when working with this data. The Andean Commission of Jurists warns that “States, international agencies, private institutions and independent experts maintain different figures with regard to migrant numbers, profiles, motivations and effects (…) to date; there are no combined and consistent figures on international migration from the (Andean) region”. 11 As a result, even estimates vary considerably. The Peruvian National Institute for Statistics and Information (INEI) estimates that between 40% and 45% of the over 2 million Peruvians who reside abroad do so as irregular migrants. 12

However, the Peruvian Ministry of Foreign Affairs estimates this figure to be around 50%. 13 Other studies state that the situation is even more dramatic in certain cases, suggesting that the percentage of Peruvians in the country who are irregular migrants is even greater in the following countries: Ecuador (86%), the Dominican Republic (81%), Bolivia (79%), Argentina (66%), Ukraine (66%), the United States (65%), Panama (59%), France (57%) and Colombia (57%). 14 For example, a study conducted by the Association of Peruvian Relatives Living Abroad states that this figure is actually 83% of the total number of Peruvians living abroad. 15 Estimates of the number of Peruvians abroad and 11

AGUILAR CARDOSO Luís Enrique, Grupos en situación de especial protección en la región andina: migrantes. Comisión Andina de of Juristas, Lima, May 2008. 12 Methodology utilized: calculation of number of Peruvians who declared themselves to have left the country with the intention of travelling to Spain and who did not return until 2007 (approximately 253 000 Peruvians born in Peru) and the number of Peruvians registered in Spanish city council records (approximately 136 958). In SANCHEZ AGUILAR Aníbal, Peruanos Migrantes en la Ruta de “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUD-Perú, Fondo Editorial UCSS, Lima, October 2008. 13 Peruanos en el Exterior 2005, Ministerio de Relaciones Exteriores, Secretaría de Comunidades Peruanos en el Exterior. 14 DE LOS RIOS Juan Manuel, RUEDA Carlos, ¿Por qué migran los peruanos al exterior? Un estudio sobre los determinantes económicos y no-económicos de los flujos de migración internacional de peruanos entre 1994 y 2003, Lima, March 2005. 15 VÁSQUEZ Víctor, DÍAZ Nilda, Perú: el fenómeno migratorio y las remesas, Asociación de Familiares Peruanos Viviendo en el Extranjero – FAMIPERU, Lima 2007.

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7 The Prelude to Human Trafficking

their migratory status may vary considerably according to the information source, as shown in Figures 3 16 and 4 17 .

3000000 2500000

Figure 3. Number of

2000000

Peruvians abroad

1500000

according to

1000000

information source

500000 0 P eruvian Advisory Counsels abroad

Association of P eruvian Families Abroad (AFP E )

Ministry of Foreign National Institute of Affairs (MRRE E ) S tatistics and Technology (INE I)

According to INEI

Figure 4. Number of

Regular Immigrants; 1100000; 55%

According to Peruvian Ministry of International Relations (MRREE)

Irregular Immigrants; 900000; 45%

Regular Immigrants; 1100000; 50%

Peruvians abroad as

Irregular Immigrants; 1100000; 50%

irregular immigrants according to 17

information source

According to AFPE

Regular Immigrants; 459000; 17% Irregular Immigrants; 2241000; 83%

A) Advisory Councils, created by Ministerial Resolution 1197/RE, November 8, 2002, figure estimated in: http://www.consejodeconsulta.com/consecon/modules.php?name=News&file=article&sid=460; B) Asociación de Familiares Peruanos Viviendo en el Extranjero in: DE LOS RIOS Juan Manuel, RUEDA Carlos, ¿Por qué migran los peruanos al exterior? Un estudio sobre los determinantes económicos y noeconómicos de los flujos de migración internacional de peruanos entre 1994 y 2003, Lima, March 2005; C) Ministerio de Relaciones Exteriores in: MINISTERIO DE RELACIONES EXTERIORES, Peruanos en el Exterior 2005, Ministerio de Relaciones Exteriores, Secretaría de Comunidades Peruanas en el Exterior; D) INEI in: SANCHEZ AGUILAR Aníbal, Peruanos Migrantes en la Ruta de “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUD-Perú, Fondo Editorial UCSS, Lima, October 2008. 17 Ibid

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8 Vulnerable Spaces for Andean Migrants in the European Union

This is understandable and disconcerting when one considers that irregular immigrants generally enter a receptor country in one of three ways: a) with temporary visas, such as tourists, with an expiry date and that cannot be exchanged for a different type of visa, b) with false documents, such as forged visas, or documents issued by the receptor country or by third party nations, or c) by means of avoiding migration controls in the receptor country. In each case, it is difficult to accurately account for these types of entries.

such, Peru must create comprehensive policies that guarantee continuity and sustainability in order to protect Peruvian migrants’ rights.

The recent Ombudsman Report on the Situation of Peruvian Migrants 18 was proposed precisely to deal with this issue. The main goal of this report is to evaluate the level of protection provided to Peruvian communities abroad by means of four variables: the right to consular service, the right to receive information prior to leaving, the right to return to one’s own country, and migratory regularization, understood as a precondition for exercising such rights.

A migrant’s vulnerability in a receptor country increases if he or she does not hold legal migrant status. As a result, the victim has even less access to services offered by various aid organizations such as local NGOs that operate in receptor countries, health services and/or psychological assistance programs provided by receptor states or by consular offices.

This report shows that migrants’ rights are vulnerable to infringement. As 18

The Ombudsman Report on the Situation of Peruvian Migrants (Informe defensorial sobre la situación de los migrantes peruanos) studies the situation of Peruvian communities in Argentina, Bolivia, Brazil, Chile and Ecuador. When this current paper went to press, the abovementioned study had not yet been published; however, the Citizen´s Watch Group against Human trafficking, Human Smuggling and Missing Persons (Veeduría Ciudadana contra la Trata de Personas, Tráfico Ilícito de Migrantes y Personas Desaparecidas) participated in focus-group meetings to validate the exploratory version of this report. Consequently, references to this study do not refer to the final version.

The development of these policies is a central challenge of the twenty-first century. This issue becomes even more complicated when attempting to provide for the effective protection for human trafficking victims in such policies, due to the fact that traffickers and smuggling networks operate in spaces that are difficult to identify.

This reduced access to institutionalized services translates into a quantitative underrepresentation of the number of victims in research dealing with these issues, this study being no exception. This situation poses the challenge of locating data that is representative of the real situation of irregular migration and of the potential risk of human exploitation or of becoming a victim of human trafficking. These correct figures, in turn, will allow for the creation of adequate public policies that effectively reach vulnerable populations in third party countries

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Chapter III

Research Context: Motivations for Andean Migration toward the European Union Historical Links Migratory flows between Latin American countries and the European Union have existed for five centuries. Since Peru was the Viceroyalty of the Spanish Crown until current times, human migration has occurred throughout history that links both continents. Migration has left a strong imprint on Peru and has influenced the formation of its national identity, and the legacy of

this migration continues to exist today: obvious examples are the Spanish language and the Catholic Church, which are instrumental to modern relations between Peru and Spain. For example, as seen in Figure 5, Spain has the largest amount of direct foreign investment in Peru (23.09% of total foreign investment), equivalent to US$ 4,144 million. 19 This makes Peru the top recipient of funds from the Spanish Agency of International Cooperation among countries in the entire Latin American and Caribbean region. 20

Foreign Direct Investment in Peru 2008

thousands of US dollars.

Ita ly ru gu ay Ja pa n G er m an y O th er s

2008, in

in Peru in

C hi Pa le na m C รก ol om bi a M ex i c Si ng o ap ou r Br az il C a Sw nad a i tz er la nd Fr an ce

Investment

Sp ni te ai d n Ki ng U do ni te m d th St e a N te et s he rl a nd s

Foreign

Direct

$USD thousands

Figure 5.

4500 4000 3500 3000 2500 2000 1500 1000 500 0

Countries

Proinversiรณn, data current to December 2008 in: http://www.proinversion.gob.pe/0/0/modulos/JER/PlantillaSta ndardsinHijos.aspx?ARE=0&PFL=0&JER=1537 20

Spanish Agency of International Cooperation Newsletter, in: http://myspeed.tic.com.pe/boletinnew/2/reportaje.php

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10 Vulnerable Spaces for Andean Migrants in the European Union

This historical relationship explain migratory flows that continue today among these countries: On one hand a common language and an intrinsically linked past attract (pull factor) hundreds of thousands of Peruvian citizens and millions of people from the Andean community to study, work and live in Spain, port of entry into the European Union. In modern history, the EU has been where several of the wealthiest nations on the planet hold meetings and is a region that holds over thirty million citizens from non-EU member countries. On the other hand, there is a high demand for young, cheap labour as it is estimated that a third of the European population will be over sixty-five years of age by 2050.

Push-Pull Factors for Andean Migration toward Europe

Combined with other factors, these circumstances have consistently encouraged Peruvian immigrants to view Spain as a preferred country for migration as well as for all other types of exchanges. Accordingly, Spain has historically been a port of entry into Europe for Peruvian, Andean and Latin American citizens in general. As indicated in Figure 6, massive migration from Peru to Spain began in the 1990s. 22 Further, according to INEI statistics, 60% of Peruvians residing in Spain travelled to that country between 2000 and 2007, 23% between 1991 and 1999 and the remaining 17% did so prior to 1991. 23 Since the beginning of the 21st century, however, European migration policies have undergone certain changes. Figure 6 24 . B efore 1991 17%

Figure 6. Period of Definitive Residence for 252,817 Peruvians residing in Spain in 2007,

B etween 1991 and 1999 23%

A fter 1999 60%

according to the INEI.

Source: Servicios de Estudios Económicos del BBVA. Online version in: http://serviciodeestudios.bbva.com/KETD/fbin/mult/090514_ observatoriopibespana_tcm346-194050.pdf

INEI, DIGEMIN, OIM – Perú: Estadísticas de la Migración Internacional de Peruanos 19902007, Lima, February 2008. 23 SANCHEZ AGUILAR Aníbal, Migrantes Peruanos en la Ruta de “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUDPerú, Fondo Editorial UCSS, Lima, October 2008. 24 Ibid.

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A significant factor in this trend is the immigration policy developed by the European Union. At the start of the 21st century, Europe attempted to regulate migration according to member states’ needs (Pellegrino A. 2004). In the majority of Western European countries, economic growth fuelled by the construction industry had slowed, with the exception of Spain, whose economy continued to grow due to the construction industry. As a result, Spain still had a demand for unskilled labour, unlike other Western European nations. A second important factor involves the fact that, following the 9/11 attacks, the United States tightened its immigration policy, including stricter visa controls and regulations. Consequently, Spain became a very attractive destination between the 1990’s and the beginning of the 21st century for lowly qualified Latin American immigrants. The number of long-term visa applicants from Ecuador and Colombia was particularly important during this period, replacing Peruvians as the largest immigrant group in Spain. Excluding Ecuadorian men, women were more likely than men to immigrate to Spain (Pellegrino A. 2004). 25 Pellegrino suggests that the feminization of migration from Latin America was related to work opportunities in the service sector, for example domestic service, child care and care of the elderly. These employment sectors were even more attractive in higher income level

countries such as Italy, France, Germany, and United Kingdom, Switzerland or the Benelux countries. European countries with the largest populations of people from the Andean community are, in sequential order, Spain, Italy, Germany, Great Britain and Switzerland (Pellegrino A. 2004). Once established, these immigrant communities form a link for future migrations both legal and illegal. As a result, it can be assumed that these are the countries that are more likely to be the sites of destination for human trafficking and human smuggling from the Andean community. As at least half of Andean migration to the European Union is illegal or irregular, this establishes a particularly vulnerable situation for this part of the population. The majority of human trafficking cases take place within this gray area of irregular migration, due to the fact that different institutions and victim assistance services have difficulty gaining access to it. The existence of this gray area, however, is recognized by researchers and diverse organizations. For example, in her report for the OIM, Pellegrino refers to the trafficking of women in Europe: “The role of migrant trafficking cannot be ignored as it is especially active in recruiting women for domestic work and for the sex trade,” (Pellegrino A. 2004, p. 30). Migrants from the Andean community that enter the European Union can be divided into the following categories:

In the case of Peru, the INEI Continuous National Survey of 2006 reveals that 53.3% of immigrants were female.

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Andean immigrants established in Europe with legal migrant status, such as qualified professionals or students who in some cases become citizens of the receptor country; 26

within the receptor country and a low or non-existent use of social services or institutions available to them.

b) Andean immigrants who have entered and/or remained as irregular immigrants, either those with false documents, those who have overstayed their visa, those who did not comply with the visa status issued to them, or those potentially involved in an illegal smuggling network in a relatively vulnerable situation; 27

The World Report on Migration by the International Organization for Migration in 2008 indicates that, beginning in the year 2000, Ecuador and Peru were the most important South American source countries for irregular migration to Europe along with Argentina and Brazil. In 2003, Ecuador, Colombia and Bolivia were the top three South American source countries for irregular migrants in Spain. 28

c) Andean immigrants who have entered the European Union as victims of a human trafficking network or who are working in exploitative conditions and are in a situation of extreme vulnerability either in slave-like or semi slave-like conditions. Of these three groups, our research focuses mainly on the latter two, which may range from willing irregular migrants to victims of human trafficking. In both cases, these migrants share a common characteristic of vulnerability which translates into a low or non-existent ability to exercise rights applicable to them 26

According to the INEI, 23.6% of Peruvian residents in Spain with legal immigrant status have obtained Spanish citizenship, in SANCHEZ AGUILAR Aníbal, Peruanos Migrantes en la Ruta “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUD-Perú, Fondo Editorial UCSS, Lima, October 2008. 27 It is important to mention that these immigrants may have benefitted from migrant amnesties offered by receptor countries, consequently reducing or cancelling their vulnerability.

Amnesty for Irregular Migrants

Several European countries have allowed illegal or irregular migrants to become legal immigrants. Over the last two decades amnesties or regularization programs have been implemented for irregular immigrants that comply with certain requirements, such as two or three years of formal and stable employment. Spain, Italy, Greece and Portugal are the countries that dominate figures for regularization programs for irregular migrants. Spain granted amnesty to approximately 750,000 irregular immigrants in 2005. Over 120,000 Ecuadorians and Colombians benefited from Spanish amnesties in 2000 and 2001. Such amnesty programs serve as an indicator of the large number of

IOM World Migration 2008: Managing Labour Mobility in the Evolving Global Economy, OIM, Geneva, 2008.

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13 The Prelude to Human Trafficking

irregular migrants from the Andean community who reside in Spain. 29 Italy granted amnesties in 1996 and 2002. In 2002, the ICEMPD (International Centre for Migration Policy Development) states that Peru and Ecuador were among the 20 top countries of origin for irregular migrants granted amnesty.

American continent in Italy. 30 Amnesty was granted to a total of 34,292 Ecuadorians (64% women and 36% men) and 16,213 Peruvians (65% women and 35% men) in 2002. Ecuador and Peru represented 7.8% of the total number of irregular migrants in Italy in 2002 granted amnesty (5.3% from Ecuador and 2.5% from Peru). These figures are shown in Figure 7. 31

These countries were also the main countries of origin for migrants from the

Figure 7.

20 15 10 5

Pe ru

In dia Se ne ga Ba l ng la de s Pa h kis P h ta n ilip pin es Tu nis ia Sr iÂ L an ka

ma nia Uk ra in e M or oc co Al ba nia Ec ua do r Ch ina M old ov a Po lan d

Main groups of Irregular Migrants granted Amnesty in Italy in 2002, by percentage. 646,829 amnesties granted in total. 16,213 amnesties granted to Peruvians

International Centre for Migration Policy Development (ICMPD), Regularisations in the European Union, Vienna, 2009.

According to the ICMPD, the main countries of origin of irregular migrants regularized in Italy in the 2002 amnesty were: Romania, Morocco, Albania, China, Egypt, India, Ukraine, Pakistan, Senegal, Poland, Russia, Bulgaria, the Philippines, Sri-Lanka, Bangladesh, Moldavia, Peru and Ecuador. 31 INTERNATIONAL CENTRE FOR MIGRATION POLICIY DEVELOPMENT (ICMPD), Regularisations in the European Union, Vienna, 2009.

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14 Vulnerable Spaces for Andean Migrants in the European Union

As evidenced in Figure 7, it is clear that the group of people from the Andean community that were granted amnesty in Italy in 2002 hold an important place in the list of immigrant nationalities present in this EU member country. This group is largely comprised of migrants of Ecuadorian origin, in fifth place among those nationalities regularized in this process, while Peruvian migrants lie in ninth place. The ICMPD report for the European Commission indicates that amnesties allow immigrants in Spain to improve their living conditions by gaining access to new types of employment; for example, moving from the agriculture sector to the construction industry and from domestic work to restaurant work. Regularizations allow members of the Andean Community to apply for any type of formal employment and receive the same social benefits as Spanish citizens and Europeans, thus improving their quality of life and reducing their vulnerability. 32 These regularization programs were introduced when irregular migration became a foremost issue in European countries. According to Blaschke: “Regularization programs sought to tackle the underground economy, bringing workers from the informal into the formal working sector and as a result tackling unfair competition, increasing tax receipts and social security contributions and furthermore encouraging 32

Ibid.

integration of irregular migrants through employment” (2008, p. 38). However, beginning in the early 21st century, European migratory policies have become progressively tougher. Since 2005 neither Spain nor Italy, principal destinations for Andean migration to the European Union, has granted migratory amnesties. 33 The consequences of this policy within a context of sustained growth of migratory flows toward the European Union has been predictable: on one hand tougher policies have been able to reduce migratory flows, yet on the other hand, they have also had profound consequences with regard to the human rights of irregular migrants and the social inclusion processes for those who have remained illegal, unable to change their status. Accordingly, the Information Centre for Immigrant Workers in Spain (CITE for it’s initials in Spanish) has recently revealed that in the last six months it has provided services to 9,685 users, of which 40.10% held irregular migrant status, “a figure that has been increasing during the last year, and which is currently already similar to that of 2005, prior to the regularization”. 34 This specialized institution points out that due to the “rigidity” of Spanish migratory 33

The last amnesties granted in these countries were issued in 2002 in the case of Italy and in 2005 in the case of Spain. 34 OBSERVATORIO CONTROL INTERAMERICANO PARA LAS MIGRACIONES, Aumentan migrantes irregulares en economía sumergida, Boletín Nº1002, July 10, 2009. Published in ADN. Online version at: http://www.adn.es/local/lleida/20090710/NWS0839-Aumentan-inmigrantes-sumergidasituacion-irregular.html

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15 The Prelude to Human Trafficking

policy, in the last year it has “denied the renewal of permits to immigrants that had lost their work due to the crisis”. 35 This same report states that due to the world financial crisis, unemployment increased, affecting 47.29% of CITE users. Furthermore, of the total number of active CITE users (52.71%), 50.83% are employed in the informal sectors of the economy. As such, CITE states that: “The number of immigrants working without an employment contract” began to rise with the start of the crisis. Toward the end of 2008, 49 per cent of CITE users were working as such and now this figure has already risen to 53.8 per cent. Just as what

happened with the number of irregular immigrants, “the number of immigrants working in the informal economy has already reached the same level as 2005, prior to the extraordinary regularization.” 36 Further analyzing this situation, CITE points out that the regularization of workers in the informal economy must be carried out through two channels: assigning resources for work inspections and promoting the regularization of workers in the informal economy who report their situations. These statistics are shown below in Figure 8 37 :

Figure 8 Migratory and

working conditions of

users of services provided by the 30

Centre of Information for

Immigrant Workers in

Spain (CITE) in percentages,

July 2009. Irregular migratory s ituation

Unemployed immigrants

E mployed migrants , working in an informal s ec tor

36 35

Ibid.

Ibid. Ibid.

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16 Vulnerable Spaces for Andean Migrants in the European Union

Chapter IV

The Situation of Vulnerability and the Spaces for Human Trafficking Job Sectors Where Human Trafficking May Exist in the European Union Several authors argue that there is no demonstrated demand in the EU for human trafficked labour. 38 However, they do argue that there is a demand amongst some European employers for cheap and docile labour, and amongst consumers for cheap goods and services like household labour. As a result, there is a demand for migrant labour and probably irregular migrants because they are vulnerable, highly exploitable and unprotected by government laws. Thus, there is a market that traffickers can exploit as there is a demand for migrant, or in any case cheap, labour in Europe. At the same time there is an abundant supply of people seeking to work in Europe in the Andean community, due to lack of opportunities in their countries of origin. Those job sectors that have been identified that may not provide fundamental rights to workers are the following:

a) Unskilled labour: agricultural, tourism and construction sectors. A key pull factor to Europe, especially to southern Europe has been the huge growth in demand for unskilled labour (Sandell, 2009). 39 Sandell argues that one of the reasons for the large numbers of people who migrate to Spain annually but have an irregular status is the demand for seasonal low cost workers in the agricultural, tourist and construction sectors. The main obstacle to the entrance of legal immigrants into Spain is the lack of legal means to hire these workers while they are still in their countries of origin. The legal means of contracting for jobs in countries of origin are inadequate to meet the demand, or are at least were so prior to the outbreak of the financial crisis in 2008. The presence of members of the Andean community in Spain is not a new phenomenon due to the historical ties that link these two geographical regions. 39

DAVIDSON Oâ&#x20AC;&#x2122;CONNEL, ANDERSON, Is Trafficking in Human Beings Demand Driven? OIM, 2003.

INTERNATIONAL MIGRATION POLICIY (ICMPD), Regularisations Union, Vienna, 2009.

CENTRE FOR DEVELOPMENT in the European

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17 The Prelude to Human Trafficking

Consequently, the Spanish informal economy is a large receiver of irregular workers because they cannot access formal employment. As the informal economy is particularly large in Italy and Spain as compared to other Western European countries, conditions exist there that are conducive to a non-regulated environment where the exploitation of migrants is very common. This results in a product with a low production cost because irregular workers are paid wages that are lower than minimum wages in receptor countries. It also allows for evasion of taxes including social security contributions. 40 While the agricultural and tourism sectors employ seasonal workers, this is not the case in the construction sector, which generates employment throughout the year. In the construction sector, the main generator of Spain’s economic growth until the real estate crisis at the beginning of 2008, migrant workers comprised up to 25% of workers in several autonomous communities such as Madrid and Cataluña. 41 This allowed employers to fire workers as needed, allowing for flexible production costs that responded to market demands. However, irregular migrants also predominate in other sectors such as domestic work and the commercial sex 40

SANDELL Ricard, La inmigración en España ¿Problema u oportunidad?, Real Instituto Elcano, de estudios internacionales y estratégicos, Madrid, 2005. 41 SALIBA Ghassan, Inmigración en España, Centre d’informació per a Treballadors Estrangers (CITE-CONC), Barcelona, September 2004.

industry. These sectors have increased in size within the informal economy in Spain and Italy as well as in other parts of Western Europe. It is important to mention that, although men generally work in the agricultural and construction sectors, women predominate in domestic work and the sex trade. This gender imbalance increases the vulnerability of women to being trafficked.

b) Domestic Work Three key factors are increasing the demand for people (largely women) to provide home and personal care. The first is the growing population in Europe of elderly people who require assistance. This fact, along with the retrenchment of welfare services in Western Europe, means there is a demand for individuals who will provide care to individuals in the home or in residential settings, particularly at a low price. Women in Europe who have traditionally been responsible for social care within the home have increasingly taken up paid employment and thus are not able to look after sick or elderly relations. Demand for personal care is not, however, confined to the elderly, as the increase in women’s participation in the work force means that there is a need for a replacement to look after dependent children because both parents work outside of the home. Anderson and O’Connell Davidson’s small-scale research for the IOM (2003), found that there was a demand for migrant women domestic workers (who provide care for family members or clean the house), because they were more flexible and loyal than local women. In

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18 Vulnerable Spaces for Andean Migrants in the European Union

addition their â&#x20AC;&#x2DC;othernessâ&#x20AC;&#x2122; and vulnerability made them easier to live with, as they occupied little space in the household. Those interviewed recognized migrant women had these desirable characteristics because they had little choice in relation to employment, which made them easy to exploit. Thus there is a demand for migrant domestic workers in Europe, and consequently there is a niche of persons vulnerable to traffickers due to the isolated nature of domestic employment. Just as in the construction sector, domestic work represents a demand for permanent and fulltime work. Christodoulou and Skarpari (2007) also argue that the situation of female migrant domestic workers varied across Europe. 42 According to their research, women in Spain and Italy had more opportunity for getting advice about their working conditions from trade unions even if they were undocumented, and an opportunity to move from illegal to legal status, than those in Western Europe. But does this opportunity take place in reality? We do not have the corresponding figures either prove or disprove this possibility. However, as evidenced by the responses from European organizations that work with victims of human trafficking that were contacted for this study, we may infer that there is a need for greater efforts to 42

CHRISTODOULOU Josie, SKARPARI Eleni, Integration of Female Migrant Domestic Workers: Strategies for Employment and Civic Participation, Mediterranean Institute of Gender Studies, Chipre, 2007.

facilitate access to assistance services for victims of human trafficking in all European Union countries in general.

c) The Commercial Sex Industry There are no accurate figures on the number of sex workers in Europe or on the scale of the commercial sex industry. Anderson and Oâ&#x20AC;&#x2122;Connell Davidson talk about the large scale growth and diversification of the sex industry in Europe, and how the boundaries between commercial sex and other consumer areas like entertainment and tourism have become more blurred (2003). They argue that growing consumer demand is one factor that is linked to the use of forced labor in the sex industry. In other words a niche has been created in Europe for the trafficking of persons, because it is profitable. A British study, published in 2005, found that there had been a large growth in male use of commercial sex workers in the ten year period between 1990 and 2000, and that there was evidence of expanded opportunities to buy sex through the internet, escort agencies, sex clubs, lap dance clubs and sex tourism (Ward H et. al, 2005) Use of commercial sex workers is a European-wide phenomenon, but there are variations among countries. A recent study concluded that Spanish men have the highest use of commercial sex workers in developed countries (Belza M J et. Al., 2008). Some of the characteristics of male users in the study included being older, having lower levels of education and being foreign-born. These

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19 The Prelude to Human Trafficking

characteristics may provide an incentive to the migration of women from South America to Spain for sex work or for the trafficking of women, if we couple the work of Belza et. al. with findings from other research. The pilot research project conducted by Anderson and O’Connell Davidson (2003), found that some men seek sex workers who they can communicate with. This phenomenon may make local sex workers more desirable than those who are foreign. However, men in Spain can communicate with women from most of South America, and Anderson and O’Connell Davidson indicate that Spanish men prefer Latin American women and men (2003). Men interviewed in the research also said that the services of foreign women were cheaper, but interestingly also claimed that they did not use them; cheap services seemed to be for “other” men. It may be that men in Spain who have low educational status or are foreign-born may have limited incomes and thus seek these cheaper sex services. A small group of the men in Anderson and O’Connell Davidson’s study said they liked “forced prostitutes” because they were warmer towards their clients. This “warmth” relates to their more vulnerable and isolated status in the countries in which they work. However, this study found that men’s behavior varied considerably depending on the type of sexual service required. Based on the available research that points to a high demand for sex workers in

Europe and the large number of cases of women trafficked for sex exploitation in Europe (see Dutch National Rapporteur 2007; Sorenson, 2004; UNDOC, 2008; Stephen-Smith S, 2008), it is possible to make a case that there is a European demand for cheap migrant women sex workers. This scenario does not, as Anderson and O’Connell Davidson say, translate into a demand for trafficked women. However, it is evident that the market has created the conditions which would make trafficking profitable. Furthermore, information available from other studies shows that there is a large demand for sex workers in Europe and that there are a significant number of cases of women trafficked for the sex trade. Victims from Eastern European countries and Africa are among those nationalities most frequently named, although Asian countries are also mentioned as well as South American countries such as Colombia. 43 However, distinct from human trafficking cases, the sexual exploitation and prostitution of female migrants is evident. Quoted directly from information obtained for this study, an account from a social service office in Venice stands apart from the rest: “In the course of its work, the Social Protection Office has not had the opportunity to work with human trafficking victims of Peruvian, Colombian or Ecuadorian origin. However, 43

See, for example, Dutch National Rapporteur 2007; Sorenson, 2004; UNDOC, 2008; StephenSmith S, 2008.

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20 Vulnerable Spaces for Andean Migrants in the European Union

health check-ups. 34 persons were accompanied up until April, 2009. There were a total of 26 persons of Peruvian origin contacted by the “Free Women Project”. 44

this does not rule out the possibility of potential victims in Venice or surrounding areas. Another service of the Municipality of Venice called the “Free Woman Project” is that of directly contacting prostitutes, mainly women and transsexuals, in the street, giving them the opportunity to receive free health check-ups. Throughout 2008, a total of 60 persons of Latin American origin were accompanied to

Here it is important to emphasize the large number of Peruvian immigrants who were contacted by the Free Woman Project: 26 of a total of 94 health accompaniments in the period of a year and a half (2008 – June 2009), representing 27% of the total number of Latin American persons assisted, as shown in Figure 9 45 .

Peru 27% 26

Figure 9 Female and Transsexual Prostitutes of Peruvian origin accompanied by the Free Woman Project in the Municipality of Venice, Italy,

Rest of Latin America 73% 94

from 2008 to June, 2009.

COSMO Stefano, in personal communication between CHS Alternativo and the Social Services Office of the Municipality of Venice. 45 Ibid.

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21 The Prelude to Human Trafficking

It is equally important to emphasize the particular difficulty in identifying human trafficking victims when they are irregular immigrants. However, it is possible to identify an environment that is conducive to such a situation.

occupations and sectors are deregulated, and exist outside labor protection rules; and it is complicit in permitting third parties to profit from migrants’ labor, whether it is in the commercial sex or other sectors.

The sex trade and domestic work share a common characteristic that makes both prone to human trafficking: both areas of work are currently not effectively regulated in many European countries. As a result, workers in both of these sectors are not subject to government protection. The agricultural and construction sectors also make up entirely non-regulated environments in which cases of irregular migrant workers are common. All of these sectors are fuelled by the demand for cheap labor. According to the analysis of Bridget Anderson and Rutvica Andrijasevic, it is not enough for European states to initiate anti-trafficking legislation and to prosecute

It is therefore important to put the state back into the analysis, and to address the role played by the state’s immigration and labor regulations in creating the conditions in which trafficking and the exploitation of migrant labor are able to flourish.” (Anderson B and Andrijasevic R, p 144)

Andean Community – EU Migration Flows: Progressive Hardening of Migration Policies It is crucial to analyze European migration policies to see what measures have been taken with regard to the trafficking and illegal smuggling of Andean migrants to the EU.

traffickers, they also have to look at the role of their policies in creating the conditions that allow trafficking to develop and flourish.

“The state is responsible for the maintenance of a legal framework within which certain 46

ANDERSON Bridget, ANDRIJASEVIC Rutvica, Sex, slaves and citizens: the politics of anti-trafficking, February 2009, Online version at: http://www.statewatch.org/asylum/obserasylum. htm

Given the nature of the Schengen agreement, which allows people to move freely around EU member countries, the need for a common migration policy is evident, as migrants arriving to Spain or Italy can easily move among these countries to travel to France or Germany, for example, where there is a low demand for un-skilled labor regularization laws. 47

and

tougher

A freely circulating agreement between individuals signed on June 14, 1985 in

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22 Vulnerable Spaces for Andean Migrants in the European Union

Consequently, the European Commission presented a proposal to integrate migration policies, particularly those oriented toward irregular migrants, in 2005, initiating discussions around the highly controversial “Directive on Return of Illegal Migrants” (hereafter “return directive”) passed in 2008.

reached an agreement at the Lima Summit in May 2008 to discuss and work together on regular and irregular migration issues, including a paragraph that deals directly with human smuggling and missing persons. “We call for our regions to further develop a structured and comprehensive dialogue on migration, in order to identify our common challenges and areas for mutual cooperation. This dialogue will benefit from the EU-LAC Experts’ activities on migration and will provide them with further guidance. This framework should allow for the exchange of views and the intensification of our efforts towards increasing mutual information on migration policy developments and best practices in both regions to better understand the realities of migration. It will also address the issues of regular and irregular migration, as well as the link between migration and development, in accordance with the legal framework of the countries.

The Return Directive is the first attempt ever by a group of nations to integrate immigration policies. However, it must be emphasized that this directive has been carried out in the context of job market pressures in wealthier nations such as France, Germany and Italy. It has also been the undertaking of conservative governments in the majority of Western Europe countries as seen in Figure 10. This directive has received harsh criticism in Latin America from regional organisms such as MERCOSUR (Southern Common Market), CAN (Andean Community of Nations) and UNASUR (Union of South American Nations), who argue that by increasing the time that irregular migrants spend in detention centers; this approach does not guarantee actual protection of migrants’ human rights.

We shall intensify our cooperation in preventing and fighting the smuggling of migrants and trafficking in human beings, in assisting the victims, and promoting voluntary, dignified and sustainable return programs while facilitating the exchange of information that contributes to their better conception and execution.” 48

Accordingly, countries in the European Union, Latin America and the Caribbean Schengen, Luxembourg. Currently, the following countries are members of the agreement: Germany Austria, Belgium, Cyprus, Czech Republic, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, the Netherlands, Poland, Portugal, Romania, Switzerland, Sweden. It’s important to note the absence of the United Kingdom in this agreement.

LIMA DECLARATION, V SUMMIT LAC-EU, Addressing our Peoples’ Priorities Together, Lima, May16, 2008. Online version at:

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23 The Prelude to Human Trafficking

“Contradicts the previous Declaration and Joint Communiqué of the Fifth Latin American and Caribbean – European Union Summit made by the Heads of State of the Andean Community and the European Union Troika, dealing with the need for comprehensive dialogue on migration.” 49

It is important to point out that the Lima Declaration, signed in May 2008, was an agreement among the governments of Andean countries which criticized the European Parliament’s decision, one month later, to adopt the return directive in June 2008. The Peruvian Foreign Office, for example, states that the adoption of the return directive by the EU:

Figure 10 50

Figure 10 Political map of EU member countries, 2008

http://ec.europa.eu/external_relations/lac/docs/d eclaration_en.pdf

EL COMERCIO, Perú inició gestiones internacionales para que directiva de retorno sea reexaminada, June 2, 2008. Online version at: http://www.elcomercio.com.pe/ediciononline/htm l/2008-06-20/peru-inicio-gestionesinternacionales-que-directiva-retorno-seareexaminada.html 50 Legend: In Figure 10 (2008), 1 – Conservative; 2 – Liberals; 3 – Social Democrats; 4 – Czech Republic, Atlanticism, 5 – Ireland, Nationalists; 6 – Cypress, Communists. Online version at: http://es.wikipedia.org/wiki/Archivo:Party_affiliati ons_in_the_European_Council_(8_May_2008).p ng

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24 Vulnerable Spaces for Andean Migrants in the European Union

Further, national governments, including that of Peru, and regional blocks in Latin America of which Peru is a member are against the adoption of the return directive of EU countries, arguing that tougher migratory conditions in European countries do not respect the fundamental rights of irregular migrants who live in the EU. 51 With this declaration in mind, it is valid to ask the following question: How would the return directive encourage or discourage the development of irregular employment niches in the abovementioned sectors that are prone to exploitation and human trafficking? The IOM links the growing demand for flexible and cheap labor to migration policy that fails to meet internal labor demand. They state that this provides an opportunity for human smuggling and trafficking to develop. Irregular migration, and particularly the trafficking in persons for all forms of exploitation, cannot be separated from the process of globalization in general and the move towards a more global economy. New labor markets emerge, creating new 51

The following governments have issued declarations about this issue: Argentina, Bolivia, Colombia, Ecuador, Paraguay, Peru, Venezuela, Uruguay, as well as the following blocks: the Organization of American States, the Rio Group, the Southern Common Market, the Andean Community of Nations, the Union of South American Nations and The Tuxtla Mechanism of Dialogue. Online version with links to press articles can be viewed at: http://siteresources.worldbank.org/INTPROSPE CTS/Resources/334934-1215617363964/NotaAmpliada-Directiva.doc

employment opportunities across the globe for skilled and lessskilled workers, both men and women. But such economic growth has not been matched with the evolution of safe, humane and orderly migration channels to facilitate and satisfy this demand for labor. This tension between the growing need for labor and services on one side, and too few regular migration opportunities on the other, creates a niche for intermediaries to intervene and make profit. These intermediaries are the human traffickers, who exploit, abuse and victimize the migrant workers, especially those in an irregular, and hence more vulnerable, situationâ&#x20AC;Ś If human trafficking for all forms of labor exploitation is to be combated, it is necessary to tackle also the demand for cheap, unprotected and often irregular labor. Informal and unregulated work activities need to be brought within the protection of labor laws so that the rights of all workers are protected. And lastly, though by no means least, the demand for migrant workers needs to be matched with safe, humane and orderly migration channels, and with migration management policies between source and destination countries that fully stand to protect the rights of all migrants. (IOM, 2008, pp. 204-5) In 2001, Orfano came to a similar conclusion in her report for the European Commission. She wrote: As several investigations have pointed out, interconnections

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25 The Prelude to Human Trafficking

between migration-strict entry policies-illegal entry-crime are quite tight. As a consequence, the rates of illegal entries and of illicit activities managed by criminal groups specialising in smuggling and trafficking are directly linked to the type of national border control and entry policies implemented in a given European country. (Orfano, 2001, page 149) Anderson and Rogaly (2005) also highlight the structural factors of demand for labor and inadequate legal means of migrating to Europe, that create conditions conducive to human trafficking. In addition they point out that vulnerability to trafficking begins in the countries of origin. “Vulnerability to migration that results in forced labor usually starts in the country of origin. The lack of legal channels combined with a lack of resources and strict border enforcement by countries of destination means that migrants are often dependent on third parties to migrate2 (Anderson and Rogaly, 2005, p. 43). Anderson and Rogaly also refer to additional costs related to recruitment like travel, interview fees or accommodation, circumstances that lead to a situation resembling debt bondage. As a result, they conclude that migrant workers are more vulnerable to forced labor, and argue that human smuggling cases can turn into human trafficking cases. In response, Latin American countries and particularly those in the Andean Community of Nations, have declared themselves to be against the implementation of the European Union’s

Return Directive, arguing in defense of human rights. 52 However, the arguments of Andean countries lack persuasiveness, due largely to the situation of non-reciprocity in their own migration policies, at least in the case of Peru. 53 In illustration, the following table presents a comparative analysis of the Return Directive passed by the European Commission and Peruvian Immigration Law, Legislative Decree 703 that modifies Law Nº 7744. 54 It is important to note that while this Immigration Law dates from November 1991, it has not yet been implemented.

Press release from the Secretary General of the Andean Community of Nations: “South American Migration Conference concludes with Rejection of the EU Return Directive and a Demand for dialogue”, September 22, 2008. On line version in Spanish at: http://www.comunidadandina.org/prensa/notas/n p22-9-08.htm 53 Several authors also state that the emigration phenomenon is understood in Latin American States, particularly in the Andean community, almost exclusively from the perspective of remittances. See, for example, FLAMTERMESKY Helga, Reflexiones sobre la política integral migratoria del Estado de Colombia, Revista Migrante Edición Nº 7, Barcelona, March-April 2009. This focus helps to explain additional deficiencies in the enforceability of human rights of regular and irregular migrants of Andean origin residing in the EU. 54 Both laws are found in the appendices at the end of this document and can also be accessed on CHS Alternativos’s web page under publications: www.chs-peru-com/chsalternativo/

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26 Vulnerable Spaces for Andean Migrants in the European Union

Figure 11. Comparative table of Peruvian Immigration Law and the Return Directive of the European Union 55 Peru (Immigration Law)

European Union (Return Directive) 1- A return decision shall provide for an appropriate period for voluntary departure of between seven and 30 days. 2- Member States shall, where necessary, extend the period for voluntary departure by an appropriate period, taking into account the specific circumstances of the individual case, such as the length of stay, the existence of children attending school and the existence of other family and social links.

Voluntary Exit

3- Certain obligations aimed at avoiding the risk of absconding, such as regular reporting to the authorities, deposit of an adequate financial guarantee, submission of documents or the obligation to stay at a certain place may be imposed for the duration of the period for voluntary departure. 4- If there is a risk of absconding, or if an application for a legal stay has been dismissed as manifestly unfounded or fraudulent, or if the person concerned poses a risk to public policy, public security or national security, Member States may refrain from granting a period for voluntary departure, or may grant a period shorter than seven days. (Article 7)

Table produced by CHS Alternativo. When reading this table, it must be understood that Peruvian Immigration Law establishes periods for the entrance, length of stay, residence, departure, return and monitoring of immigrants in Peru, including administrative penalties that apply to irregular migrants who do not comply with this law. The Return Directive applies to citizens of third party countries found illegally within a member state of the European Union.

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27 The Prelude to Human Trafficking

Figure 11.

Peru (Immigration Law)

Sanctions

European Union (Return Directive)

Third country nationals who infringe provisions of Immigration Law shall be subject to the following sanctions: Fine, Obligatory exit, Cancellation of Stay or Residence and Removal. (Article 60)

Fines

Fines shall apply to third country nationals who: 1- Do not comply with payments established by law, 2- Do not apply to renew their stay or residency within the period granted. (Article 61) Shall take place when third-party nationals have not complied with required documentation (due to an expired visa or residency and have overstayed the period granted for renewal)

Obligatory Exit

Obligatory exit impedes the right to return to Peruvian territory. (Article 62) Shall be carried out by resolution of the Ministry of Interior, at the proposal of the Immigration and Naturalization Office, requiring that the third-party national leave the country within the period granted. (Article 65)

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28 Vulnerable Spaces for Andean Migrants in the European Union

Figure 11. Peru (Immigration Law)

European Union (Return Directive)

Shall be enforced when the person concerned: 1- Poses a risk to national security, public order or national defense.

Cancellation of Visa or Residence Permit

2- Does not have the economic means to cover the costs of his or her stay or residency. 3- Has been sentenced in a Peruvian court of law to a prison sentence or harsher penalty, and upon release from prison. 4- Has provided false information on immigration application documents. (Article 63)

Shall be enforced when the person concerned: 1- Has entered national territory by clandestine or fraudulent means; 2- Has received a court order for removal;

Removal

3- Has been ordered to comply with obligatory exit or has not left Peruvian territory after cancellation of his or her visa. (Article 64) In the case of removal for not having complied with payments required by law, the person concerned may appeal this decision before the respective Peruvian Consulate. (Article 67)

1- Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted or if the obligation to return has not been complied with within the period for voluntary departure granted. 2- If a Member State has granted a period for voluntary departure, the return decision may be enforced only after the period has expired. 3- Member States may adopt a separate administrative or judicial decision or act ordering the removal. 4- Where Member States use â&#x20AC;&#x201C; as a last resort â&#x20AC;&#x201C; coercive measures to carry out the removal of a thirdcountry national who resists removal, such measures shall be proportionate and shall not exceed reasonable force. They shall be implemented as provided for in national legislation in accordance with fundamental rights and with due respect for the dignity and physical integrity of the third-country national concerned. 5- Member States shall provide for an effective forced-return monitoring system. (Article 8)

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29 The Prelude to Human Trafficking

Figure 11. Peru (Immigration Law) Third-party nationals shall be banned from re-entering the country:

European Union (Return Directive)

1- If they have been removed from Peruvian territory, OR 2- If they are a fugitive of justice for crimes legislated by Peruvian law. (Article 29) Third-party nationals shall be banned entry into Peru:

Entry Ban

1- If previously removed from another country for crimes committed such as those legislated by Peruvian law or for non-compliance with immigration laws similar to those of Peru, 2-

If Peruvian Sanitation Authorities determine that entry poses a public health risk,

Return decisions shall be accompanied by an entry ban: (a) if no period for voluntary departure has been granted, OR (b) if the obligation to return has not been complied with. In principle, return decisions shall expire after 5 years. (Article 11)

3- If he or she holds a criminal record as legislated by Peruvian law, 4- If he or she does not possess the economic means to cover the costs of his or her stay, 5-

If he or she is under prosecution in a third party country for crimes that require a prison sentence or harsher penalty.

(Article 30)

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30 Vulnerable Spaces for Andean Migrants in the European Union

Figure 11. Peru (Immigration Law)

European Union (Return Directive) 1- Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when: there is risk of absconding or the thirdcountry national concerned avoids or hampers the preparation of return or the removal process. 2- Detention shall be ordered by administrative or judicial authorities. in writing with reasons being given in fact and in law.

Detention

3- Detention shall be maintained for as long a period as the conditions establish and it is necessary to ensure successful removal. Each Member State shall set a limited period of detention, which may not exceed six months except for a limited period not exceeding a further twelve months in accordance with national law in cases where regardless of all their reasonable efforts the removal operation is likely to last longer owing to a lack of cooperation by the third-country national concerned or due to delays in providing necessary documentation. (Article 15)

Conditions of detention 1- Detention shall take place specialized detention facilities.

2- Where a Member State cannot provide accommodation in a specialized detention facility and is obliged to resort to prison accommodation, the thirdcountry nationals in detention shall be kept separated from ordinary prisoners. 3- Third-country nationals in detention shall be allowed â&#x20AC;&#x201C; on request - to establish in due time contact with legal representatives, family members and competent consular authorities. 4- Detainees shall be systematically provided with information which explains the rules applied in the facility and sets out their rights and obligations. (Article 16)

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31 The Prelude to Human Trafficking

Figure 11. Peru (Immigration Law)

European Union (Return Directive) Return and removal of unaccompanied minors 1- Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child. 2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return. (Article 10) Detention of minors and families

Minors

1-Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time. 2- Families detained pending removal shall be provided with separate accommodation guaranteeing adequate privacy. 3- Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education. 4- Unaccompanied minors shall as far as possible be provided with accommodation in situations provided with personnel and facilities which take into account the needs of persons of their age. 5- The best interests of the child shall be a primary consideration in the context of the detention of minors pending removal. (Article 17)

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32 Vulnerable Spaces for Andean Migrants in the European Union

Figure 11 allows us to draw the following conclusion: European law is more comprehensive than Peruvian law in terms of human rights protection in almost every area. Such areas include, for example, detection of irregular migration, removal, entry bans, and even in procedures regarding minors and their families, a process that has no counterpart under Peruvian law. Debate has mainly focused on the detention of irregular immigrants due to the fact that the EU directive establishes detention centers for immigrants in order to prepare such persons to return to their country or origin. Detention in the EU operates under established rules, such as contact allowed with family members and consular and legal representatives, and rights to information about obligations regarding detention. In the case that detention centers should exceed their capacity, immigrants are to be moved to prison accommodation and maintained separate from ordinary prisoners. In Peru, no regulation exists regarding detention, a situation which leads directly to penalties, obligatory exit, revocation of visa or residency, or removal. In Colombia, laws are just as restrictive. 56 For example, Article 4, under Decree No. 4000/04 stipulates that: 56

The Andean Commission of Jurists has created a complete compilation in PDF of the main immigration regulations in member countries of the Andean Community. These are available on line at: http://www.cajpe.org.pe/gep/index.php/migrante s/53-legislacionnacional. In this section, we refer

“Immigration policy denies the entrance and illegal stay of third party nationals whose presence may compromise employment options for Colombians or whose numbers and location on national territory may pose a problem with political, economic, social or security implications that may affect the Colombian State.” As well, the Colombian government reflects EU migration policy in establishing preferential immigrant categories, such as outlined in Article 3 of the abovementioned Decree: “The preferential entrance of immigrants shall be encouraged in the following cases: When dealing with persons who, due to their level of experience, technical, professional or intellectual qualifications, contribute to the development of economic, scientific, cultural or educational activities beneficial to the country or that form part of economic development or to the following regulations: a) in Bolivia: “Legal Immigration Regime”, Executive Decree N°24423 (November 26, 1996); b) in Ecuador: “Immigration Law”, Code 2004-23 (November 4, 2004); c) in Colombia: “Visas: New Regulations regarding Visa Issuance, Immigrant Control and Migration”, Decree 4000/04 (December 27, 2004). The abovementioned regulations may be viewed in the appendices of this document on the CHS Alternativo web site at: www.chs-perucom/chsalternativo/

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33 The Prelude to Human Trafficking

international cooperation activities or programs defined by the Ministry of Foreign Affairs, which could not otherwise be carried out due to the absence or lack of trained Colombians.”

Article 4 mentions that:

Consequently, this paper understands that Colombian immigration policy establishes preferential migratory flows, resorting to deportation in the case of irregular immigration (Article 102.3), among other less specific laws such as the one mentioned in Article 102.8: “Third party nationals who, being the subject of constant complaint qualifying them as personas non grata for social order and public safety.” Deportation takes place automatically and establishes a measure to ban the entry of the person deported for a period of no less than 6 months and no greater than 10 years, according to Article 103. In the case of Bolivia and Ecuador, immigration regulations are slightly more receptive. In the first case, Article 1, Legal Immigration Regime, established by Executive Decree No. 24423, states that: “The Bolivian State recognizes that immigration is important for the country. Immigration foments demographic growth and constitutes an element that assists social and economic growth, by means of real investment and effective employment, which are necessary to avoid the emigration of nationals.”

“The Bolivian Nation, in accordance with tradition and those founding principles of the Political Constitution of the State, grants the same rights, freedoms and guarantees to third party nationals from any part of the world that enter Bolivian territory with the goal of residing permanently and contributing through investment or employment toward national development, that apply to it’s own citizens.” In Ecuador, general laws are similar. For example, in Ecuadorian Immigration Law, Article 2, Code 2004-23 stipulates that: “As established by the Political Constitution of the Republic, third party nationals shall have the same legal rights and responsibilities as Ecuadorians.” With regard to immigrants, Ecuadorian law is the most inclusive of all Andean countries. For example, Article 10, states that: “Immigrants that have held legal visas that correspond to any of the migratory categories written in the previous article, shall freely carry out any form of legal work, employment or lucrative activity, without requiring a

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34 Vulnerable Spaces for Andean Migrants in the European Union

change of immigration category or a work permit.â&#x20AC;? Consequently, in terms of immigration law, this study shows that Andean countries can be divided into two groups.

not establish any connection to the existence of the informal sector in the European Union economy, which provides a demand for non-regulated employment. This demand is largely met by irregular migrantsâ&#x20AC;&#x2122; need for work.

On one side you have Bolivia and Ecuador, States that have developed inclusive regulations for immigrants which, based on the principle of reciprocity, give them a stronger platform to negotiate greater benefits for migrants from these countries in the EU.

In response to this observation, the European Union developed the Directive that establishes sanctions applicable to employers of illegally staying third country nationals, passed in February, 2009 and likely to be put into effect beginning in 2011. 58

The second group includes Colombia and Peru. These countries must rework their internal regulations on the treatment of immigrants if they wish to have a solid and irreproachable platform for negotiating rights for Andean migrants in the EU. Thus, they must develop immigration policies with standards on human rights that are similar or superior to those of the European Union, and which protect third party nationals whose rights have been infringed.

With this directive, the European Union goes directly to the source of the problem, the demand for an irregular workforce in the European Union, establishing sanctions that go beyond administrative measures in certain cases, especially in cases where human trafficking exists: Administrative sanctions are probably not enough to dissuade determined and unscrupulous employers. Respect for these regulations can and must be enforced by means of criminal penalties.

The Andean Community of Nations (CAN, for its initials in Spanish) has not made any joint decisions regarding the migration of third party nationals within the region. Rather, it has left each state to develop independent legislation on this issue. 57

Therefore, in order to guarantee the effectiveness of a general ban, it is necessary to apply more dissuasive sanctions in serious cases, such as confirmed offence,

A second important element to be identified is that the return directive does 57

Visit the following link to the Secretary General of the CAN for more information regarding intra-community regulations: http://www.comunidadandina.org/exterior/migrac iones.htm

This directive is found in the appendices of this document. Appendices may be viewed on the CHS Alternativo webpage, under Publications, at www.chs-perucom/chsalternativo/

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35 The Prelude to Human Trafficking

irregular employment of a considerable number of third country nationals, and particularly abusive working conditions in which the employer is aware that the worker is a victim of human trafficking. From the victims’ standpoint, in the specific case of human trafficking, this regulation is complemented by the EU Directive 2004/81/CE, April 29, 2004. This directive relates to residency permit issuance to third country nationals that are victims of human trafficking or have been the subject of an act conducive to irregular immigration, and cooperate with the relevant authorities. Nonetheless, this immigration policy has not fulfilled the expectations of the Andean Community of Nations (CAN), which, shortly after the latter mentioned directive was passed, expressed its profound concern with such a measure. CAN issued the following statement in February, 2009: “This Directive and its earlier application will have a negative impact on the promotion and protection of human and labor rights of irregular migrants. Instead of making sanctions applicable to employers more rigid, it should favor the insertion of migrants, on a human, employment and productive level, in receptor societies.

In the current setting of international economic and financial crisis, which affects source and receptor countries of migrants, the application of restrictive measures such as those put forth by this Directive do not offer a comprehensive solution to the migration phenomenon. Instead it places irregular migrants at greater risks and increases their likelihood of becoming the subject of labor exploitation.” 59 Similar positions were expressed by other inter-governmental bodies in Latin America such as UNASUR, who stressed its “profound concern” and “called for the European Union States to revise the These Directive proposal”. 60 declarations reveal that the two regions continue to debate this issue. However, on a legal level, the European Union has undoubtedly created many more protective measures for trafficking victims from third party nations than its Peruvian counterpart.

ANDEAN COMMUNITY COMMIQUE February 19, 2009. Online version available at: http://www.comunidadandina.org/documentos/actas/com192-09.htm 60

UNASUR COMUNIQUE February 11, 2009. Online version available at: http://www.contexto.org/pdfs/UNASURvEUmigrac.doc

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36 Vulnerable Spaces for Andean Migrants in the European Union

Chapter V

Cases and Characteristics of Human Trafficking Victims from Peru and the Andean Region in the European Union Entities in Contact with Trafficking Victims in Receptor Countries Taking into account the current situation of irregular migrants from Peru and the Andean region in the European Union, who are consequently vulnerable to trafficking, this study attempts to identify the victims beginning with their surroundings in order to trace routes and establish characteristics of the trafficking of Peruvians and persons from Andean countries in the EU. Figure 12 shows information obtained from the Spanish NGO, Association for the Prevention, Reinsertion and Assistance for Female Prostitutes (APRAMP, initials in Spanish) that demonstrates the characteristics of trafficking victims from South America who are exploited in Spain. 61

The information offered by APRAMP is very useful as it provides specific cases that serve to confirm statements made in previous chapters. Taking into account the many obstacles that stand in the way of obtaining quantitative and qualitative information about the victims or organizations that work with them, the authors opted for a three-pronged strategy in order to obtain more information. First, they contacted European entities that work directly with trafficking victims, including civil society organizations in receptor countries as well as government offices that provide social services. Second, the authors contacted the Ministry of Foreign Affairs to request information from Peruvian consulates in the EU. Finally, they contacted Peruvian and Andean associations in the EU.

LA RED ESPAÑOLA CONTRA LA TRATA DE PERSONAS, Guía Básica para la identificación, derivación y protección de las personas víctimas de trata con fines de explotación, Asociación para la Prevención, Reinserción y Atención de la Mujer Prostituida (APRAMP), Madrid, 2008.

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37 The Prelude to Human Trafficking

Figure 12: Characteristics of South American Victims of Human Trafficking in Spain 62 Characteristics Profile

Point of Entry Means of Entry

Victim ∗ ∗ ∗

Age: between 20 and 45 years old Number of children: 3 on average Professional level: very low

∗ ∗ ∗

Amsterdam Air Recruitment: victims often work as prostitutes in their country of origin Links to trafficker: by means of debt bondage with interest (airfare, documents, accommodation) Means of coercion: Threats to victim or family of victim, violence Housing: cramped and unsanitary living conditions Purpose of trafficking: mainly for sexual exploitation

∗ Type of Trafficking ∗ ∗ ∗

Immigration Status Location in Spain

∗ ∗

Entrance: tourist visa Status: Irregular immigrant

∗

Generally in Madrid and in large urban centers Colombian and Ecuadorian victims are aware of support and help networks. If exploitation occurs in late-night and private establishments, these victims are unaware of such networks. Colombian and Ecuadorian victims are more likely to register themselves and use health services. Some victims are used to lure other family members to Spain to work as prostitutes.

∗ Access to Resources ∗

Observations

∗

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38 Vulnerable Spaces for Andean Migrants in the European Union

a) Organizations that work with trafficking victims in the EU (NGOs, Government services in receptor country) Europe has been previously identified as a destination for Peruvian victims of human trafficking in a report published by the Peruvian NGO Movimiento el Pozo and the IOM in 2005 63 , in annual reports published by the US State Department regarding human trafficking and in a study published by the Peruvian NGO Flora Tristan. 64 The document published by Movimiento El Pozo and the IOM reveals two cases: one involved ten Peruvian victims of a trafficking network for sexual exploitation in the Netherlands and another of a Peruvian who died in Italy as a victim of trafficking apparently for domestic and sexual exploitation. 65 The report published by Flora Tristan makes reference to one thousand Peruvians who arrived in 1991 in the Netherlands by means of “simulated adoptions” 66 , and 63

Trata de mujeres para fines sexuales comerciales en el Perú, Movimiento El Pozo, OIM, Lima, 2005. 64 Diagnóstico sobre trata de mujeres, niños y niñas en ocho ciudades del Perú, Flora Tristán, Ministerio Federal de Cooperación Económica y Desarrollo de la República Federal de Alemania y la GTZ – Cooperación Técnica para el Desarrollo de la República Federal de Alemania , Lima, 2005. 65 Trata de mujeres para fines sexuales comerciales en el Perú, Movimiento El Pozo, OIM, Lima, 2005. 66 This statement refers to “the sale of children”, a trafficking method in Peru, according to Law No. 28950, Trafficking and Human Smuggling Law. The abovementioned study states that victims legally enter destination countries; however, “the adoptive father may submit them to exploitative conditions” in Diagnóstico sobre

identifies Germany, Spain, the Netherlands and Italy as the main destination countries. 67 All of these cases were reported at the beginning of the 1990s. In Europe, several publications indicate the existence of trafficking victims of South American origin in several Western European countries such as Germany. 68 At the same time, the United States has also reported cases of trafficked Colombians and Ecuadorians in Western Europe and of Bolivians in Spain. 69 The recent UN.GIFT Global Report on Trafficking in Persons refers to trafficking of South Americans to Europe (2009). However, recent publications do not refer to specific cases and do not describe the general characteristics of victims from Peru and the Andean Region to the EU. This study attempted to provide more concrete proof of the number and characteristics of people that have been recognized as trafficking victims, and further information about the victims from trata de mujeres, niños y niñas en ocho ciudades del Perú, Flora Tristán, Ministerio Federal de Cooperación Económica y Desarrollo de la República Federal de Alemania y la GTZ – Cooperación Técnica para el Desarrollo de la República Federal de Alemania, Lima, 2005 (p. 18) 67 Ibid. (p. 49). 68 CISSEK-EVANS Monika, Trafficking in Women for the Purpose of Labour Exploitation in KOK, Trafficking in Women in Germany, Bundesweiter Koordinierungskreis gegen Frauenhandel und Gewalt an Frauen im Migrationsprozess, KOK, Berlin, 2008. 69 See, for example, US State Department Report on Efforts to Combat Human Trafficking, 2008.

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39 The Prelude to Human Trafficking

support services and specialized agencies that deal with the issue of human trafficking in the EU. To this end, the authors began by contacting European NGOs, such as organizations that provide services to local governments in Europe and that work with immigrant victims that have suffered some type of exploitation in EU countries, largely in Spain, Italy, France, Germany, United Kingdom, Belgium and the Netherlands.

Figure 10 shows the initial results from contact made with thirty-seven organizations that specialize in providing services to trafficking victims in the EU. One can see that more than half of the organizations contacted (nineteen or 51.35%) did not respond to two email questionnaires. This low response level could be attributed to many different reasons – lack of time, confidential nature of the information, lack of access to victims, and made it difficult to obtain concrete results.

These entities were contacted between February and March 2009, in two rounds of emails 70 , in English and Spanish, in order to collect information about trafficking victims in the geographic territory and areas of expertise covered by each institution. A complete list of institutions contacted is available in Appendix 1. 71

At the same time, another factor that one should keep in mind is that the organizations that work in the EU destination countries where the most migrants of Andean origin reside (specifically Spain and Italy), are also the countries from which CHS Alternativo received the least number of responses, as one will observe from Figure 13 72 .

Figure 13 Number of replies received from organizations and specialized services Did re ply; 19

related to human trafficking, immigration issues and sexual exploitation in receptor

Did not re ply; 18

countries.

Initially, the authors inquired only about trafficking victims from Peru. Given the low result rate, they decided to broaden the scope and include victims from countries within the Andean Region in general. 71 Appendices are found at the end of this document.

Information obtained from internal correspondence between February and June, 2008.

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40 Vulnerable Spaces for Andean Migrants in the European Union

Figure 14. 73

Figure 14.

Organizations and

services oriented toward

the human trafficking Did not reply

6 4

Did reply

issue, immigration issues and sexual

en Sw ed

st ria Au

um lg i Be

ds G

rla n

according to country and number of replies.

th e

I ta

countries, classified ai n

exploitation in receptor

gl at er ra

A third aspect we have to consider is that, of the eighteen institutions that replied, only five (27.77%) acknowledged awareness of cases of irregular immigration involving persons from Peru

or countries in the Andean Region, within their areas of work. However, only three (16.67%) provided answers that indicate knowledge of cases of persons trafficked from Peru or the Andean Region to the EU, as shown in Fig. 15.

K now le dg e of tra ffic king c a se s; 3

Figure 15. Organizations and specialized services who replied to our enquiries with knowledge of persons trafficked from Peru or the Andean Region to the EU.

No know le dg e of tra ffic king c a se s; 15

Ibid.

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41 The Prelude to Human Trafficking

One of the organizations that reported a case to us, Cooperativa Lotta Contro L’Emarginazione, an NGO based in Milan that works with trafficking victims, reported having knowledge of a case involving a Peruvian woman. Several characteristics of the situation were given: she was taken to Lombardia in the north of Italy to be exploited in the sex trade. There, she was forced into prostitution on the street and also within an apartment. After contacting the police in 2003, she was sent to a shelter run by the cooperative for trafficking victims. At that time, she participated in a reintegration program, as part of the help services provided by the NGO, with positive results. It was also reported that she is currently married to an Italian and that

both live in Italy. In addition to this case, Cooperativa Lotta Contro L’Emarginazione reports having worked with other victims of South American origin. 74 The other two cases were reported by a British institution, (UK Human Trafficking Centre) and a Dutch institution (COMENSHA), both of which focus on the human trafficking issue. These organizations did not send much information about the victims nor the conditions in which the trafficking occurred. This information is shown in Figure 16, which summarizes facts obtained in the first stage of the study:

Figure 16. Table of trafficking victims from Peru and the Andean Region in the EU according to specialized organizations contacted. Destination Country

Trafficking victims according to country of origin Peru

United Kingdom

Italy

Bolivia

1 victim

shown

communication

1 victim

in with

Figure

Information Source

Colombia

1 victim

Netherlands

Period

5 victims

16,

2009

UK Human Trafficking Centre

2003

Lotta Contro l’Emarginazione Coop Sociale Onlus.

2007-2008 COMENSHA

regarding

specialized

trafficking

characteristics

cases the

nor

victims.

Instead, the cases reported only

organizations in Europe did not provide very precise information 74

Internal communication, March 2009.

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42 Vulnerable Spaces for Andean Migrants in the European Union

mentioned the number of victims and the receptor country where the exploitation took place, which is very limited information. Even if these cases are added to others reported during the last 20 years of which we have knowledge from the annotated bibliography, little information can be obtained regarding the number and characteristics of these cases. 75 Consequently, the conclusions that we can reach from combining information from these earlier studies and the responses provided to the authors by specialized organizations in the EU serve to highlight the issue of underrepresentation of trafficking victims from Peru and the Andean Region in the data and the difficulty of accessing such data.

Given these circumstances, the research process then focused on information collected by the Ministry of Foreign Affairs, through Consulates in EU countries.

b) Peruvian Consulates in the European Union We requested information from seventeen Peruvian Consulates in the seven main countries of the European Union identified as exploitation points of trafficking victims from Peru and the Andean Region. The information received is property of the consulates listed in Figure 17 76 and was requested from the Ministry of Foreign Affairs in compliance with Law No. 27806, Transparency and Access to Public Information.

Figure 17. Peruvian Consulates in 7 EU countries from which information was requested for this study. No.

City

Country

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

Berlin Frankfurt Hamburg Munich Brussels Barcelona Madrid Seville Valencia Paris London Amsterdam Florence Genoa Milan Rome Turin

Germany Belgium Spain France United Kingdom Netherlands

Italy

See Figure 10 on page 57 of this document.

In the reply sent by the Ministry of Foreign Affairs, information was received from all consulates contacted, with the exception of the Peruvian Consulate in Florence.

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43 The Prelude to Human Trafficking

The content of information provided by the person in charge of the Consular Section of each consulate mentioned suggests a description of the Peruvian community that resides in the corresponding geographic area and lists the main issues facing these communities: 1-

No possibility of regularization of immigration status (Munich, Berlin, Frankfurt, Brussels 77 , Paris, Genoa, Milan, Turin).

Difficulty of validating academic/professional titles (Munich, Madrid, Barcelona, Genoa, Milan, Turin)

Difficulty of validating official documents; for example, legal documents, police records, driverâ&#x20AC;&#x2122;s licenses, among others (Berlin, Madrid, Barcelona, Seville, Genoa, Milan, Turin). Figure 18.

Difficulty of accessing basic social services such as health and education due to irregular immigrant status (Munich, Berlin, Hamburg, Brussels, Paris, London, Amsterdam, Genoa, Milan, Turin).

Difficulty of finding respectable employment or recognized cases of informal employment due to irregular immigrant status (Munich, Berlin, Frankfurt, Hamburg, Paris, Amsterdam, Genoa, Milan, Rome, Turin). 78

In addition to irregular immigrant status, the issues facing the Peruvian community appear to be applicable to all EU countries studied. The frequency of reporting by the consulates contacted is shown below in Figure 18.

10 8 6 4 2

Validation of academ/professional degrees

Legal validation of international Ids

Migratory regularization

Dignified or formal employment

Access to basic services

Main problems facing Peruvian communities residing in cities where the consulates referred to in Figure 15 are located, reported per number of consulates.

Following the 2001 amnesty that benefited a large number of Peruvians, according to information provided by the Peruvian Consulate in Brussels.

We understand â&#x20AC;&#x153;respectable employmentâ&#x20AC;? to mean a form of employment that respects the legislation of the receptor country, guaranteeing a minimum wage equal to that established by the receptor country, in accordance with the labor code, within a context free from racial, sexual, religious or any other type of discrimination.

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44 Vulnerable Spaces for Andean Migrants in the European Union

All of these problems that appear to apply to all of Western Europe, with the exception of Spain – where several bilateral agreements exist in various areas from family reunification to validation of driver’s licenses – definitely generate vulnerability for the Peruvian community in Europe. In other cases, the information received reveals specific issues in certain cities, related to conditions related to trafficking, exploitation or vulnerability. For example, the Peruvian consulate in London admits to being aware of “cases of physical and psychological abuse, (…) especially economic exploitation”. On the other hand, the Peruvian consulates in Berlin and Munich claim, respectively, that it is “impossible to obtain a work permit” without outstanding academic credentials and that “immigration regularization possibilities does not exist”. Additional information that must be taken into account involves the fact that the consulates in Madrid and London, large European capital cities, claim that they do not have the resources necessary to take care of the problems facing the Peruvian community. Madrid is the most significant case due to the fact that it is the European city with the largest number of Peruvian immigrants.

Finally, the Peruvian consulate in Valencia states that Peruvians living in this Spanish city “are unaware of migration law and help networks” that exist in terms of social and employment assistance for immigrants in general.

With regard to the information obtained, each consulate listed in Figure 14 shares two common factors: not one of the consulates refer to the human trafficking issue, nor do they refer to the issue of irregular immigration (with the exception of the Peruvian consulate in Rome). This information is very useful for the analysis and greater understanding of the context of Peruvian citizens in the European Union. On one hand, their consulates do not have specific information about Peruvians involved in human trafficking, and on the other hand, these consulates describe a series of factors that generate vulnerable conditions that are conducive to human trafficking itself. However, the information received from Valencia is extremely important: Peruvians are unaware of support networks that help them to access better living and working conditions. Perhaps Peruvians who are exploited do not take advantage of these networks due to a lack of awareness and fear of deportation. 79 However, we may also infer that trafficking victims find themselves in a situation with limited freedom, in which they are unable to communicate with the outside world. Nonetheless, our methodological procedure only allows us to speculate about this possibility as only 79

In an interview with representatives of the Ministry of Foreign Affairs, it was stated that to approach any type of authority implied a fearful situation for the migrant, even if this authority was from the same country as the migrant and his or her mission was to provide help and support. June 10, 2009.

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45 The Prelude to Human Trafficking

the consulate in Valencia has mentioned this situation.

c) Associations of Peruvians and members of the Andean Community in the European Union The difficulty of obtaining figures and characteristics of trafficking victims from Peru or the Andean Community in the European Union brings the research process to a final step: contact with Peruvian and Andean associations in the European Union. The initial hypotheses was that due to the fact that these associations do not represent an authority of the country of origin or of the receptor country, and they are civil society organizations of the receptor country, they might have more information about trafficking victims from these countries. Consequently, the authors contacted a considerable number of associations mentioned in Appendix 2. 80 An initial element that was observed when sending emails requesting information from Peruvian associations is that a large number are nonexistent or inactive: Of the eighty-two associations which the authors attempted to contact, thirty-five had inactive emails, which represents 43% of the total number.

these organizations. With few economic resources, frequently they depend on their leaders’ will-power and leadership skills. Further, the associations are exposed to an unending number of obstacles: whether the leaders or members will return, changes of city in the receptor country, changes of country, lack of physical location, natural decline in interest, among others. Within the entire spectrum of associations, few are able to acquire financing and achieve stability. The response rate of Peruvian associations in the EU was very low. Of the forty-seven associations contacted, only three responded (6%). In two of these cases, they indicated to us that they were unaware of any Peruvians in this situation or that they were involved with different types of issues. However, one association responded with a contact that led us to a case of employment exploitation involving a Peruvian woman who was working as an au pair for a family in Hamburg, Germany. More specifically, the victim was working for over sixteen hours a day, seven days a week for a wage of less than one Euro per day and was an irregular immigrant. 81

The authors decided to include this information in this study because it provides proof of the changeable nature of

With the support of specialized associations, the “employers” in the Hamburg case were a report was filed with the labor relations board of Hamburg, and the Peruvian immigrant won the case, receiving an employment indemnification. The victim’s testimony is revealing:

The appendices are found at the end of this document.

The minimum wage in Germany is currently €7.50 per hour.

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46 Vulnerable Spaces for Andean Migrants in the European Union

I had no idea because they told me that without papers you couldn’t do anything. And when I was told that, even without papers you are claiming your rights, this was something new, very new because I thought that, no, without papers, what am I going to do? Nothing.

Peruvian association abroad, but rather by a specialised organization, and was reported to us by an association in Germany that had knowledge of this case. Thus, quantitative results from Peruvian associations abroad are too limited. It stands to reason that the following situation could possibly occur in the future: Peruvian victims of human trafficking, or in exploitative situations, would not approach these organizations in search of help or support. Rather, they would feel more comfortable and would more likely trust familiar organizations if they had the possibility of discussing their situation with someone. This study did not explore this possibility.

To begin with I was really nervous. Not now. Now I mean, I don’t know, I have a lot more courage now. I mean, I’m claiming something that is mine. I’m not being given anything. This is something that is mine, I work for it, it’s what my work has been, what I have already done. This case clearly represents a situation of employment exploitation of an irregular migrant and not a case of human trafficking. However, this situation also occurred in conditions conducive to human trafficking, bringing together several vulnerable environments that have been mentioned above: irregular immigrant status, private context of exploitation, unawareness of sources of support and fear of approaching the authorities. This case was documented and supported by diverse organizations that work with issues such as racism, migration and employment exploitation in Germany and was made public in a documentary, and as such it does not represent a case identified only by a

Despite the research challenges, the authors decided to broaden the study and make enquiries with Bolivian, Ecuadorian and Colombian associations in Spain and Italy. The associations contacted are show in Appendix 3. 82 In this scenario, the results are much scarcer and coincide with the poor results obtained from Peruvian associations abroad: not one of these associations replied to our request for information. Once again we were faced with the obstacle of inactive emails, 8 out of 25 (32%). However, we were able to contact 17 associations that did not reply. With regard to the information compiled, despite the case of employment exploitation that was reported to us, we

The appendices are found at the end of this document.

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47 The Prelude to Human Trafficking

cannot state that links between citizens in receptor countries are always positive in terms of assistance and support to trafficking victims. In its most recent study, ARAMP, for example, states that some trafficking victims may serve as hooks for family members and other persons close to them who wish to immigrate to Europe in search of better opportunities. 83 This could be one of the additional motives why Peruvian associations abroad did not reply to our enquiries about more information regarding this issue.

Additional Information ARAMP’s most recent study also states that Colombia and Ecuador are the two source countries of the majority of female victims trafficked into the sex trade in Spain. 84 The study also goes on to mention Peruvian trafficking victims, however in lower numbers. Italy has been identified as a destination for human trafficking victims from Peru in the US State Department 2008 Trafficking in Persons Report. 83

LA RED ESPAÑOLA CONTRA LA TRATA DE PERSONAS Guía Básica para la identificación, derivación y protección de las personas víctimas de trata con fines de explotación, APRAMP, Madrid, 2008. Esta afirmación también fue confirmada por la ONG italiana Associazione Donne in Movimento, quien indicó que, para el caso peruano, esta modalidad era frecuente en el Norte de Italia. 84 La Red Española contra la Trata de personas. Guía Básica para la identificación, derivación y protección de las personas víctimas de trata con fines de explotación, APRAMP, Madrid, 2008.

In a report prepared for the European Commission, Orfano (2001) mentions that Ecuadorians and Colombians are also victims of human trafficking in Italy. Likewise the IOM office in Lima informed us through internal correspondence having assisted in the return of one case of a Peruvian trafficked from Italy in 2005. 85 Correspondence with the Belgian NGO Payoke, the main Belgian organization that works to combat human trafficking, suggests that there has been a reduction in the number of trafficking victims from the Andean Community, or that the victims have not been referred to support agencies or have refused such support. Payoke states that it has not helped victims form the Andean Community in recent years. There may be trafficking victims from the Andean Region in Germany. Although Eastern Europeans represent the majority of trafficking victims in Germany, the Human Trafficking National Situation Report 2007 identified eleven cases, of which 689 victims were from “America”; however, the report does not provide further details. Nevertheless, Ban-Ying, an NGO that provides support to trafficking victims in Germany, has never come across a Peruvian trafficking victim that has been captured and taken to Germany. 86 In the report prepared by the Poppy Project in Great Britain, of the 743 cases that are mentioned, only three were from 85 86

Internal correspondence, March 2009. Internal Communication, March 2009.

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48 Vulnerable Spaces for Andean Migrants in the European Union

the Andean Community; two from Colombia and one from Ecuador. 87 The Poppy Project offered support to these three women; however, as they refused this support, there is no information available about their experiences in general. 88 Further, as seen in Figure 6, the Human Trafficking Centre in the United Kingdom has documented a case in which a Peruvian woman was a trafficked into the sex trade. The British government granted her a permanent residency on humanitarian grounds in Great Britain. No further information was available. According to this document, there are no trafficking victims from Colombia or

Ecuador, although there is evidence of illegal immigrant smuggling. All of these components allow us to claim with certainty that human trafficking does exist in the European Union; however, the very conditions of vulnerability that are conducive to this situation make actual cases difficult to identify, rendering the characteristics of human trafficking ambiguous. Undoubtedly, in the case of Europe, there are clearly established links between the illegal smuggling of migrants and human trafficking, as well as links that exist between irregular immigrant status and victim vulnerability. Information compiled for this study is shown in Figure 19 89 :

Figure 19. Table of trafficking cases involving Andean citizens in the European Union, identified in the last 20 years Country of exploitation

CONCRETADOS

Belgium

Trafficking victims per country of origin Peru Ecuador Bolivia Colombia 1 victim of trafficking for sexual exploitation: 2 victims of employment exploitation

The United Kingdom

1 victim of trafficking for sexual exploitation: 10 victims of employment exploitation

1 victim

Period 19992001

2 victims

1 victim

20032007

Source Literature: Research based on case studies of victims of trafficking in human beings in 3 EU Member States, i.e. Belgium, Italy and the Netherlands. Commission of the European Communities DG Justice & Home Affairs. Hippokrates JAI/2001/HIP/023, Bruno M (Payoke) Literature:Poppy Project Outreach Service: A review of work to date: January â&#x20AC;&#x201C; September 2007, London: The Poppy Project, Eaves housing for Women; Sachrajda A (2008) Reported Case: UK Human Trafficking Centre, internal correspondence, March 2009

SACHRAJDA A. Poppy Project Outreach Service: A review of work to date: January â&#x20AC;&#x201C; September 2007, The Poppy Project, Eaves Housing for Women, London, 2008. 88 Internal communication, February 2009.

Documented cases are those in which victims actually suffered a situation of human trafficking for any type of exploitation. (Continued on the next page)

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49 The Prelude to Human Trafficking

Figure 19.

CONCRETADOS

Country of exploitation

Trafficking victims per country of origin Peru Ecuador Bolivia Colombia

Italy

1 victim

Italy

1 victim

The Netherlands

10 victims

The Netherlands

1000 victims

PREVENIDOS

1 victim

2 victims

France

1 victim

5 victims

The United 1 victim Kingdom

Spain

CON CONOCIMIENTO

Spain

Source

Literature: Trata de Mujeres para Fines Sexuales en el Perú, Lima 2005. Movimiento El Pozo and IOM. Reported Case: IOM, internal 2005 correspondence, March 2009 Literature: Trata de Mujeres para 1991 Fines Sexuales Comerciales en el Perú, Lima, 2005. Movimiento el Pozo and IOM. Literature: Diagnostico sobre trata 1991 de mujeres, niños y niñas en ocho ciudades del Perú, Flora Tristán, Lima 2005 2007-2008 Reported Case: COMENSHA, internal correspondence, March 2009 Literature: Trata de Mujeres para Fines Sexuales Comerciales en el Perú, Lima, 2005. Movimiento el Pozo and IOM. Unspecified Literature: Trata de Mujeres para Fines Sexuales Comerciales en el Perú, Lima, 2005. Movimiento el Pozo and IOM. Literature: Trata de Mujeres para 2004 Fines Sexuales Comerciales en el Perú, Lima, 2005. Movimiento el Pozo and IOM. 2007-2008 Literature: Guía Básica para la identificación, derivación y protección de las personas victimas de trata con fines de explotación, APRAMP, Madrid, 2008 Unspecified Reported information: Asociación para la Prevención, Reinserción y Atención de la Mujer Prostituta, February 2009. 1991

The Netherlands Spain

Period

Italy

2000-2002

The Netherlands

2002-2006

Literature: Research based on case studies of victims of trafficking in human beings in 3 EU Member States, i.e. Belgium Italy and the Netherlands. Commission of the European Communities DG Justice & Home Affairs. Hippokrates JAI/2001/HIP/023. Literature: Sixth Dutch National Rapporteur for Trafficking in Human Beings (2008)

Prevented cases are those that did not actually take place, rather are those that the authors are aware of through information provided that indicates that exploitation was about to occur. Known cases are those that have been documented in publications or have been revealed to the authors for purposes of this study, which involve victims from one of the countries mentioned in this study, but which did not provide specific information regarding cases, numbers or characteristics.

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50 Vulnerable Spaces for Andean Migrants in the European Union

Chapter VI

Conclusion The IOM has highlighted important migratory flows from the Andean Community to the EU at the end of the 20th century and the beginning of the 21st century. 91 Information from the National Institute of Statistics and Technology indicates that many Peruvians who travel abroad do not return to Peru. 92 Despite the fact that this phenomenon has slowed down 93 and that there has even been an increase in members of the Andean Community who are returning to their countries of origin as a consequence of the financial crisis that broke out during the middle of 2008 94 , official figures do not reveal a massive return of Peruvians. 95 91

OIM, World Migration 2008: Managing Labor Mobility in the Evolving Global Economy, Geneva. 92 INEI, DIGEMIN, OIM – Perú: Estadísticas de la Migración Internacional de Peruanos 19902007, Lima, February, 2008. 93 OCDE, International Migration Outlook 2009, SOPEMI, Paris, 2009. 94 For example, Japan implemented an Action Plan for the Return of Peruvian Migrants, stating that they would offer 300,000 Yen (2,300 Euros) to each adult that decided to return to Peru and 200,000 Yen for each dependent. RPP, Japón fomenta retorno de peruanos sin empleo a su país de origen, April 1, 2009. Online news at: http://www.rpp.com.pe/2009-04-01-japonfomenta-retorno-de-peruanos-sin-empleo-a-supais-de-origen-noticia_173299.html. The IOM stated in a news release that Ecuadorians who took advantage of the voluntary return program from this country increased from 667 people in 2007 to 853 in 2008. It is important to mention that this program is financed by Germany, Belgium, Spain, the United Kingdom,

Although migratory flows from the Andean Community toward the European Union may have decreased, we cannot assume that this tendency will continue when the global economy improves. On the other hand, if immigration policies held by receptor countries do not include a focus on human rights, it will be difficult to reduce the number of vulnerable spaces that are conducive to human trafficking. With regard to the questions raised at the beginning of this study, it would seem that there exists an apparent demand for cheap, flexible and docile labor in Europe, which, despite the current economic crisis, irregular immigrants are able to fill. The main economic sectors that register this demand are: agricultural, construction, domestic work and private services, and the sex industry.

Switzerland and Mexico. IOM, OIM informa de un aumento en el número de peticiones de ayuda al retorno voluntario por parte de los migrantes ecuatorianos, February 13, 2009. Online news at: http://www.oimlima.org.pe/e.php?pag=noticiasecuador.htm 95 La Cancillería no cree que haya un retorno masivo de peruanos, Perú 21, April 20, 2009. Online news at: http://peru21.pe/noticia/267861/cancilleria-nocree-que-haya-retorno-masivo-peruanos

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51 The Prelude to Human Trafficking

As these are precisely the job sectors with the least amount of government regulation, they are most vulnerable to human trafficking. This lack of economic regulation and high level of informality limits access to concise data about this issue. Would the European Directive that Establishes Sanctions Applicable to Employers of Illegally Staying Nationals of Third Party Countries, be able to confront this situation? Much work remains to be done regarding the reliability of these figures.

The Peruvian Foreign Secretary’s Office states that Spain and Italy are home to a Peruvian community of about 700,000 people, with regular and irregular immigrant status. 96 However, figures provided by the INEI are much lower. In the most recent statistical publication regarding this issue, the INEI states that Spain is home to a Peruvian community of 252,817 people and Italy to 199,577. 97 Together, these figures represent 452,394 people, which is only 64% of the figure given by the Foreign Secretary’s office. This difference is shown in Figure 20 98 .

INE I

Figure 20. Approximate number of Peruvians living in Spain

MRRE E

and Italy, according to source.

100000 200000 300000 400000 500000 600000 700000 800000

Interview with employees of the Ministry of Foreign Affairs, June 10, 2009. 97 INEI, DIGEMIN, OIM – Perú: Estadísticas de la Migración Internacional de Peruanos 19902007, Lima, February 2008. 98 A) INEI, DIGEMIN, OIM – Perú: Estadísticas de la Migración Internacional de Peruanos 19902007, Lima, February 2008; B) MRREE: Interview with government employees, June 10, 2009.

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52 Vulnerable Spaces for Andean Migrants in the European Union

Where are the remaining 250,000 Peruvians? Where do they work? How must public policies directed toward this sector be developed? Which organizations and institutions in destination countries would be appropriate counterparts in cooperative efforts to research this problem? When considering the low number of trafficking cases identified by this study and the level of difficulty encountered when attempting to gain access to the Peruvian community in environments that are clearly vulnerable in the European Union, it appears that human trafficking is a hidden phenomenon. Other reasons that may explain the low number of cases of victims from member countries of the Andean Community in Europe are, for example, fear of deportation, lack of knowledge of help and support networks and the lack of information regarding this issue. Even though Andean immigration to Spain and Italy is important for these countries, in the context of the whole of Europe, there are much larger diasporas, such as that of the African, Eastern European and Asian communities. 99

The European Agency of Statistics, EUROSTAT, stated in a press release that the largest number of immigrants in Western Europe came, in descending order, from Poland, Romania, Morocco, Ukraine and Chile. In the case of Spain, the main immigrant groups were from Romania and Morocco, and in the case of Italy, the main immigrant groups were from Romania and Albania. Immigration in the EU27 in 2006. 40% of immigrants who settled in the EU27 were citizens of EU27 Member States, EUROSTAT News release, November 18, 2008.

Consequently, the focus of the receptor countries is on a type of migration that is different from that involving the Andean community. Thus, it is necessary for destination countries to meticulously research this problem in order to obtain more precise figures. This research would provide knowledge of the real magnitude of the issue, allowing for the development of adequate policies. Continuing with our initial questions, it would seem that civil society organizations that work with trafficking victims in countries within the European Union are more useful for gaining access to the victims. This appears to be the case, even though the low registry of cases by these organizations does not appear to reflect the real magnitude of the issue. Government support services in receptor countries, such as Peruvian consular services in Europe either do not have access to the victims, in the initial cases mentioned above, or do not report the problem, in the latter cases mentioned above. If, in addition, the focus of EU immigration policies to date has revolved around specific migratory status, without taking into account exploitative situations, this may also lead to the underregistration of cases. This could be altered when the European Directive that Establishes Sanctions Applicable to Employers of Illegally Staying Nationals of Third Party Countries comes into effect. With specific regard to access to information, it would seems that Peruvian

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53 The Prelude to Human Trafficking

associations abroad are not willing to share information that they have been able to obtain, perhaps because they are aware of fellow Peruvians who are irregular immigrants and are apprehensive of what may happen in terms of migration if this is exposed, or perhaps because they may be directly linked to the exploitation. 100

Without a doubt, the struggle against the trafficking of Peruvians and persons from members of the Andean community within the European Union must be approached with quantitative and qualitative information, which requires more research in receptor countries.

This is not the case of European civil society organizations or of the government organizations in receptor countries which work neither with trafficking victims, nor of the Peruvian Secretary of State’s Office that shared its information with us and revealed their own low numbers of identified victims.

Consequently, by law, the Peruvian Ministry of Foreign Affairs must promote the development of strategies to prevent the crimes of human trafficking and human smuggling by means of the Office of Peruvian Communities Abroad and its consular offices, as regulated by Law No.28950, Law against Human Trafficking and Human Smuggling in Title III, Capital I, and article 12.

Faced with a situation where the victims are invisible, and satisfactory quantitative results are unavailable, it is difficult to develop policies that are actually effective and victim-oriented.

As a result, the Ministry must make orientation services available to Peruvian citizens abroad by means of consulates (literal…“a”) and train consular personnel about these two crimes (literal…“b”).

Although work carried out by civil society organizations that work with trafficking victims is highly valuable and provides the majority of qualitative information about this issue, there should be a more intense effort made through the coordination of government services in the receptor countries and consular services from the countries of origin that operate in the European Union.

Regarding victim protection and assistance, the Ministry of Foreign Affairs must identify and coordinate the use of resources with public and private entities abroad to provide information and assistance, as stipulated in article No. 27, title III, Capital III. This law specifies that legal, social and psychological assistance must be provided to the victims and their direct dependents or family members. In addition, the Ministry of Foreign Affairs is also the entity responsible for coordinating the safe repatriation of victims.

100

CHS Alternativo has been informed that some isolated cases of trafficking for employment exploitation outside of Peruvian territory occur in private sectors, specifically in domestic work, in which the “employer” is from the same country as the victim.

In order to combat the trafficking of human beings to the EU using a more comprehensive approach, the lack of opportunities and factors of vulnerability in

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54 Vulnerable Spaces for Andean Migrants in the European Union

the countries of origin must also be dealt with, in addition to focusing on unregulated employment environments in receptor countries, By ensuring respect for immigrantsâ&#x20AC;&#x2122; human rights, it is possible to limit conditions conducive to the exploitation of foreign-born laborers in the EU. However, such respect can only be demanded and ensured if action is taken against human trafficking at all stages. For example, this also includes effective preventive actions that deal with the issue in the countries of origin, combating factors of vulnerability as well as international trafficking and smuggling mafias.

and countries of reception of trafficking victims, thus confronting the conditions of vulnerability in both spheres. Finally, as supported by certain documents, such as the UN.GIFTâ&#x20AC;&#x2122;s recent report on Trafficking in Human Beings (2009), we can assert that the majority of victims in Europe are from Eastern Europe. The number of victims from other regions such as Asia and Africa also appears to be more significant than the number of victims from Latin America, and more specifically from the Andean Community.

At this point, this study has completed the process of obtaining the information corresponding to our three initial goals.

In conclusion, it unlikely that government services in the areas of immigration, security and assistance in receptor countries will implement specific efforts focused on the trafficking of Andean immigrants.

By identifying specific cases in the EU of human trafficking victims of Andean origin, we have established a possible relationship between this issue and the factors of vulnerability brought about by irregular immigration, which in turn arises from the demand for cheap labor in the informal economy.

Consequently, it would be plausible to coordinate differentiated efforts in areas with the largest Peruvian and Andean communities and where they may be vulnerable, for example in particular parts of Spain and Italy. The countries with the largest numbers of immigrants of Peruvian origin are shown in Figure 21.

Given these conditions, a logical answer would seem to be the coordination of public policies in both countries of origin

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55 The Prelude to Human Trafficking

300000

Figure 21. Number

250000

of Peruvians living in

200000

the main receptor

150000

countries in Europe, according to INEI, in

100000

thousands (in this

50000

case the graph shows 250,000

0 S pain

Italy

G ermany

F ranc e S witz erland S weden

Due to the lack of concrete cases, we cannot claim with absolute certainty that trafficking networks dealing in Peruvians and Andeans do exist in the EU. However, it is plausible to conclude that many nationals from these countries find themselves in exploitative situations, which are aggravated by vulnerable environments generated from irregular immigration, in which it is difficult to exercise oneâ&#x20AC;&#x2122;s rights.

The Netherlands

Peruvians in Spain), 2006.

Finally, the line between exploitation and trafficking must be monitored with caution. This is especially true for private environments, such as domestic service and personal care. Sexual exploitation must also be monitored in public and private venues of late-night entertainment, places where exploitation can be easily concealed.

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56 Vulnerable Spaces for Andean Migrants in the European Union

*The appendices of this study can be found on CHS Alternativo’s webpage in the “publications” section at: http://chs-peru.com/chsalternativo/

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57 The Prelude to Human Trafficking

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AGUILAR CARDOSO Luís Enrique, Grupos en situación de especial protección en la región andina: migrantes. Comisión Andina de Juristas, Lima, mayo 2008. ANDERSON Bridget, ANDRIJASEVIC Rutvica, Sex, slaves and citizens: the politics of anti-trafficking, febrero 2009, version en línea en: http://www.statewatch.org/asylum/obserasylum.htm

ANDERSON Bridget, O’CONNELL DAVIDSON J (2003) Is Trafficking in Human Beings Demand Driven? A Multi-Country Pilot Study, IOM Migration Research Series No 15, Ginebra, 2003. ANDERSON BRIDGET, ROGALY B (2005) Forced Labour and Migration to the UK, Oxford: COMPAS, 2005. Versión en línea en: http://www.compas.ox.ac.uk/publications/Forced%20Labour%20Report.shtml

BELZA M J, DE LA FUENTE L, SUAREZ M, VALLEJO F, GARCIA M, LÓPEZ M, BARRIO G, BOLEA A y The Health And Sexual Behavior Survey Group, Men who pay for sex in Spain and condom use: prevalence and correlates in a representative sample of the general population, Sex Transm Inf 2008;84;207-211. Versión en línea en: http://sti.bmj.com/cgi/reprint/84/3/207

BLASCHKE J Trends on Regularization of Third Country Nationals in Irregular Situation of Stay Across the European Union: Briefing Paper PE 393.282, European Parliament, Directorate-General Internal Policies, Bruselas, 2008. BRADY H EU Migration Policy: An A-Z, Centre for European Reform, Londres, 2008. BRUNO M (2001) Belgium Report, Research based on case studies of victims of trafficking in human beings in 3 EU Member States, i.e. Belgium, Italy and The Netherlands. Commission of the European Communities DG Justice & Home Affairs Hippokrates JAI/2001/HIP/023, Bruselas 2001. BUNDESKRIMINALALAMT HUMAN TRAFFICKING: National Situation Report 2007: Bundeskriminalalamt, Wiesbaden 2007. CHRISTODOULOU J, SKARPARI E (eds.) Integration of Female Migrant Domestic Workers: Strategies for Employment and Civic Participation, Study Visit in Italy November 2007, Mediterranean Institute of Gender Studies MIGS, Chipre, 2007.

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58 Vulnerable Spaces for Andean Migrants in the European Union

D’CUNHA J Human trafficking: a gender and rights perspective, Expert Group Meeting on “Trafficking in women and girls”, Glen Cove, New York, USA, 18-22 November, 2002 . DE LOS RIOS Juan Manuel, RUEDA Carlos, ¿Por qué migran los peruanos al exterior? Un estudio sobre los determinantes económicos y no-económicos de los flujos de migración internacional de peruanos entre 1994 y 2003, Lima, March 2005. DEPARTMENT OF STATE’S OFFICE TO MONITOR AND COMBAT TRAFFICKING, Human trafficking Report 2008, US Deparment of State Publication 11407, Office of the under secretary for democracy and global affairs and bureau of public affairs, June 2008. DEPARTMENT OF STATE’S OFFICE TO MONITOR AND COMBAT TRAFFICKING, Human trafficking Report 2009, US Department of State Publication 11407, Office of the under secretary for democracy and global affairs and bureau of public affairs, June 2009. DICKSON S When Women are Trafficked: Quantifying the Gendered Experience of Trafficking in the UK, Poppy Project, London, 2004 DUTCH NATIONAL RAPPORTEUR Trafficking in Human Beings, Fifth report of the Dutch National Rapporteur, Bureau of the Dutch National Rapporteur on THB, The Hague, 2007. DUTCH NATIONAL RAPPORTEUR Trafficking in Human Beings, Supplementary Figures, Sixth Report of the Dutch National Rapporteur, Bureau of the Dutch National Rapporteur on THB, The Hague, 2008. FLACSO, Andino Migrante, Boletín del Sistema sobre Información de Migraciones Andinas, FLACSO, sede Ecuador, Nº1, October 2008. FLAMTERMESKY Helga, Reflexiones sobre la política integral migratoria del Estado de Colombia, Revista Migrante Edición Nº 7, Barcelona, March-April 2009 FLORA TRISTÁN, Diagnóstico sobre trata de mujeres, niños y niñas en ocho ciudades del Perú, Flora Tristán, Ministerio Federal de Cooperación Económica y Desarrollo de la República Federal de Alemania y la GTZ – Cooperación Técnica para el Desarrollo de la República Federal de Alemania –, Lima, 2005 HOPKINS R AND NIJBOERP J, Netherlands Report, Research based on case studies of victims of trafficking in human beings in 3 EU Member States, i.e. Belgium, Italy and The Netherlands. Commission of the European Communities DG Justice & Home Affairs Hippokrates JAI/2001/HIP/023, 2001. INEI, DIGEMIN, OIM – Perú: Estadísticas de la Migración Internacional de Peruanos 1990-2007, Lima, February 2008.

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59 The Prelude to Human Trafficking

INTERNATIONAL CENTRE FOR MIGRATION POLICY DEVELOPMENT (ICMPD) Regularizations in Europe (REGINE): Study on practices in the area of regularization of illegally staying third-country nationals in the Member States of the EU, Ref. JLS/B4/2007/05, ICMPD, Vienna 2009. KELLY E Journeys of Jeopardy: A Review of Research on Trafficking of Women and Children to Europe, OIM, Geneva, 2002. KOK, Trafficking in Women in Germany, Bundesweiter Koordinierungskreis gegen Frauenhandel und Gewalt an Frauen im Migrationsprozess, KOK, Berlin, 2008. LANGBERG L ‘A Review of Recent OAS Research on Human trafficking in the Latin American and Caribbean Region’, Ed. LACZKO Frank, GOZDZIAK Elzbieta, Data and research on human trafficking: A global survey, OIM, Geneva, 2005 LA RED ESPAÑOLA CONTRA LA TRATA DE PERSONAS, Guía Básica para la identificación, derivación y protección de las personas víctimas de trata con fines de explotación, Asociación para la Prevención, Reinserción y Atención de la Mujer Prostituida (APRAMP), Madrid, 2008. LA STRADA INTERNATIONAL Violation of Women’s Rights: A cause and consequence of trafficking in women, La Strada International, Amsterdam, 2008. MOVIMIENTO EL POZO, OIM Trata de Mujeres para Fines Sexuales Commerciales en el Peru, Lima, 2005. OIM World Migration 2008: Managing Labour Mobility in the Evolving Global Economy, OIM, Geneva, 2008. ORFANO I Italian Report, Research based on case studies of victims of trafficking in human beings in 3 EU Member States, i.e. Belgium, Italy and The Netherlands. Commission of the European Communities DG Justice & Home Affairs Hippokrates JAI/2001/HIP/023, 2001. PELLEGRINO A Migration from Latin America to Europe: Trends and Policy Challenges, OIM, Geneva, 2004. SACHRAJDA Poppy Project Outreach Service: A review of work to date: January – September 2007, The Poppy Project, Eaves Housing for Women, London, 2008. SANCHEZ AGUILAR Aníbal, Peruanos Migrantes en la Ruta de “El Quijote”, INEI, Universidad Católica Sedes Sapientiae, PNUD-Perú, Fondo Editorial UCSS, Lima, October 2008. SANDELL R Spain’s Immigration Experience: Lessons to be Learned from Looking at the Statistics, Madrid, 2006.

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60 Vulnerable Spaces for Andean Migrants in the European Union

SHARMA B (2006) Contemporary forms of slavery in Peru, Anti-Slavery International, London, 2006. SORENSON P, Annual Report for Payoke, 2004. Online version at: www.payoke.be/pages/annual%20report%202004.pdf

STEPHEN-SMITH S Routes in, Routes Out: Quantifying the Gendered Experience of Trafficking to the UK, POPPY Project, London, 2008. UNDOC Global Report on Trafficking in Human Persons, 2009, Online version at: http://www.unodc.org/unodc/en/frontpage/unodc-report-on-human-trafficking-exposes-modern-form-ofslavery-.html

WARD H, MERCER C.H., WELLINGS K, FENTON K, ERENS B, COPAS A, JOHNSON A.M ‘Who pays for sex: an analysis of the increasing prevalence of female commercial sex contacts among men in Britain’, Sex. Transm. Inf. 2005; 81;467-471, 2008. Online version at: http://sti.bmj.com/cgi/reprint/81/6/467

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61 The Prelude to Human Trafficking

Appendices

Appendix 1. Table of researchers and civil society and government organizations that specialize in offering services to trafficking victims in the EU that were contacted twice. Nº

Institution

Country

Response

Italy

Yes

England

Yes

England

Yes

Spain

6 Eurodiputada Patsy Sorensen

Belgium

Yes

7 Nivedita Prasad y Babette Rohner

Germany

Yes

8 La Strada International 9 Human trafficking Centre

Italy England

No Yes

Spain

Italy

Austria Sweden

No No

Eline Willemsen Bonded Labour in the Netherlands

Holland

Yes

15 Latin America Women’s Rights Service

England

Italy

Yes

17 ASSOCIAZIONE LULE ONLUS

Italy

18 CASA DEI DIRITTI SOCIALI

Italy

1 2

Ayuntamiento de Venecia London South Bank University Special Advisor, Division for Gender Equality

4 Women's Link Worldwide 5

Independent Researcher, Marta Pilar Torres Herrero

Proyecto ESPERANZA

On The Road 11 12 LEFÖ IBF 13 FIZ 14

LOTTA CONTRO L' EMARGINAZIONE COOP. SOCIALE ONLUS

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62 Vulnerable Spaces for Andean Migrants in the European Union

Appendix 1. Nº 19 CASA RUT

Italy

Response No

Italy

England

Yes

Germany

Yes

Italy

Yes

Holland

27 COMENSHA 28 Casa Migrante Amsterdam

Holland Holland

Yes No

29 Karsten Paerregaard

Italy and Spain

Yes

20 21 22 23 24 25

Institution

Country

COOPERATIVA SOCIALE CAT PROVINCIA DI PISA Vaughan Praxis Poppy Project Amnesty for Women Associazione Donne in Movimento Dutch Foundation of Religious against Trafficking in Women

Asociación de Ayuda a Inmigrantes Perú Herria

Spain

Asociación para la Prevención, Reinserción Spain y Atención de la Mujer Prostituida

Yes

32 LAWA Latin American Women’s Aid – Domestic Violence Services

England

Yes

33 KOOFRA 34 Agisra Koln 35 Cooperative Lule

Germany Germany Italy

Yes No No

36 CASA DEI DIRITTI SOCIALI

Italy

37 Nottinghamshire County Council

England

Yes

England

Yes

Glynn Rankin UKHTC

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63 The Prelude to Human Trafficking

Appendix 2. Table of Peruvian Associations in the EU contacted according to country.

Nº

Asociacion

Respuesta Correo Inactivo

Suiza 1 2 3 4 5 6 X

Asociación Peruano Suiza Asociación Cultural Perú Asociación Damas Peruanas Asociación Lazos que Unen Asociación Todas las Sangres Sociedad Civil Peruanos en Ginebra Asociación Cultural Perú

Suecia 7 X X X 8 X 9 X

Asociación Hermandad Señor de los Milagros Asociación Raices Peruanas Oficina de Consultas para Refugiados y Solicitantes de Asilo Asociación Inka Peru Asociación Socio Cultural Peruana en Noruega Asociación Cultural Hijos del Sol Asociación Cultural Nuevo Perú Asociación Peruana Transparencia

X X X X X

Dinamarca 10

Asociación Cultural Peruano Danesa

Alemania X X X 11 12 13 14 15

SOC. Peruano Alemana E.V. Centro Cultural del Peru Sociedad Academica Peruana E.V. Asociación de Peruanos de La Marina Alta-Alicante Asociación Peruanos en Alemania Asociación Grupo Perú Asociación Latinoamericanas Mujeres de esta Tierra Asociación Peruana de Cultura, Integración y Apoyo

X X X

España 16 X X X X X X 17 X 18 19 20 21 X X X 22 23 X 24

Federacion de Peruanos sin Fronteras Asociación Cultural Pachamama Asociación Cultural y Deportiva Peru Asociación Cultural Todas las Sangres Asociación Llaqta Peru Asociación Cultural Inti Raymi Asociación de Investigadores y Estudiantes Peruanos en España Asociación de Refugiados e Inmigrantes Peruanos en España Asociación de Estudiantes Peruanos en España "Inca Garcilaso de la Vega" Asociación Contigo Peru Asociación de Cooperación e Integración Iberoamericana Centro Hispano Peruano de Participación e Intergración Inmigrantes Asociación Centro Peruano Asociación de Integración Cultural, Socioeconómica de Mujeres Emprendedoras Asociación Cultural Raíces Andinas Asociación Cultural COIN - Coordinadora de Inmigrantes Cámara de Comercio de Perú en España Asociación de Refugiados e Inmigrantes Peruanos en España - ARI Centro Multidisciplinario de Investigación y Desarrollo Perú Centro de Estudios e Investigaciones sobre la Realidad Peruana Jorge Basadre

X X X X X X X X

X X X

mirada ciudadana/ capital humano y social alternativo

64 Vulnerable Spaces for Andean Migrants in the European Union

Nº

Asociacion

Respuesta Correo Inactivo

Francia 25 X X X X X X 26 27 28 X 29 X X 30 31

Asociación Solido Norte Perú Asociación Peruanos sin Fronteras Asociación de Ayuda Humanitaria Francia-Perú Asociación Cuenta Conmigo Perú Association Culturelle Dècouverte des Amériques Paris Association Culturelle Franco-Pèruvienne "Amanecer Andino" Asociación Perú Inka Asociación Socio Cultural y Deportiva "Perú Unido" Asociación Somos Perú Asociación Perú Posible Asociación Proyecto Salud Asociación Perú Andino Asociación Socio Cultural Aquí Perú Asociation Socio Culturelle Franco Péruvienne de l'Essonne Federación de Asociacones Peruanas en París Asociación Centro Cultural Peruano

X X X X X X

X X X X

Holanda 32

Asociación Peruano Holandesa

Inglaterra 33 X 34 35 36 37 38 39 40 X

Peru Support Group Asociación Friends of Peru Asociación de Peruanos en el Reino Unido Asociación de Damas Peruanas en Gran Bretaña Asociación Anglo Peruvian Society Instituto Vida Proande Asociación Project Perú Asociación Franco Péruvienne en Angleterre Peruvian Orphan's Children Fund Peruvian Amazon Indian Institute

Italia X 41 42 43 44 45 X

Asociación Tahuantisuyo Insituto Peruano Todas las Sangres Asociación Comunidad Peruana Residentes en Milán Asociación Nuevo Perú Asociación Comunidad Peruana en Bologna Asociación Eurolatina Comunidad Peruana en Firenze

Austria 46 X

Interventions stelle fuer Betroffene vom Frauenhandel Casa Cultural Peruana

Bélgica X

Comité de Damas Peruanas

Luxemburgo 47

Asociación Luxemburgo Perú

mirada ciudadana/ capital humano y social alternativo

65 The Prelude to Human Trafficking

Appendix 3. Table of Associations of citizens from Andean countries in the EU contacted in this study, according to country. Nº

Asociaciones de los paises andinos en España e Italia

Respuesta

Correo Inactivo

Bolivia en España 1 2 3 4 5

Centro Intercultural Boliviano Raices CIB "Raices Asociacion Multicultural Boliviana Pueblos del Sol Asociacion Socio Cultural Boliviana Asociacion Cooperacion Bolivia España ACOBE Centro Boliviano Catalan

en Italia X

Bolivianos en Italia

Ecuador en España 6 7 X X X

Asociacion de Inmigrantes Ecuatorianos en Catalunya para la Solidaridad y la Cooperacion Asociacion de Indigenas Ecuatorianos Residentes en la Comunidad Valenciana Inti Ñan Asociacion de Ecuatorianos Residentes en la comarca La Safor Asociacion Ecuatoriana Sociocultural Puriccuna Asociacion Mundial de Ecuatorianos Residentes en el Exterior

X X X

en Italia 8 9 10 11 X

Asociacion nuevo Ecuador Asociacion Amici dell Ecuador Asociacion Ayuda del Inmigrante Asociacion Comunidad Familia Ecuatoriana Residente en Roma Asociacion de Fuerzas Ecuatorianas en Sanova

Colombia en España 12 X 13 14 15

Asociacion Cultural por Colombia y Iberoamerica Asociacion de Colombianos en Madrid Asociacion Iberoamericana para la Cooperacion. El Desarrollo y los Derechos Humanos America-España. Solidaridad y cooperacion Asociacion de Colombianos y Colombianas

en Italia 16 17 X X

Colombia ES- ONLUS Conexión Colombia Asociacion "conoscere la Colombia Asociacion "Amigos de Colombia"

X X

mirada ciudadana/ capital humano y social alternativo