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Shelter and protect victims
of the trafficking in human beings
The
phenomena of the trafficking in human beings present in France since the early
1990's developed progressively to "explode" in the middle of 1999. That
is when large metropolitan cities as well as small provincial towns discovered
with amazement the massive presence of young women of sub-Saharan Africa and/or
East European origin who were participating in street prostitution.
The
question of the protection of victims was very quickly posed, in particular when
it was outside of networks. Social, medical, associative, and institutional personnel
are not able to guarantee complete security in a context of deficient specific
provisions to assure the protection of victims: places made secure by police,
available 24/7.
The experience of ALC-SPRS in Nice has shown that welcoming
victims in a distant place by a classic housing structure which is sensitized
to the problem is a satisfactory solution. That is how in 2001, to be able to
respond to a pressing need and to respond to a request from the General Direction
of Social Action (Direction Générale de l'Action Sociale,) ALC-SPRS
proposed starting a national and experimental welcome and protection plan for
the victims of the trafficking in human beings. Since then, the project has been
confirmed and its means reinforced.
WHAT
IS THE AC.SE PLAN? It
is a national plan which relies on a network connecting:
structures specialized in accompanying and supporting prostitutes
shelters spread throughout the country
It
is not a default housing solution. THE
PRINCIPLE OF PROTECTION Victim
protection rests on geographic distancing, the multiplicity of shelters and the
confidentiality of their location. WHO
IS THE PLAN MEANT FOR? All
adult French or foreign women, whether or not legal, without any distinction,
single or with children, victims of procuring or of the trafficking in human beings
for sexual exploitation.
The women must be in a dangerous or highly vulnerable
situation requiring geographic distancing.
ACCESSIBILITY
OF THE PLAN All
associative or institutional personnel in contact with the concerned public can
solicit the Ac.Sé plan regardless of their geographic location. In order
to do so, just contact the coordination Ac.Sé.: 
ORIENTATION
IN THE PLAN Direct
admissions are not possible for security reasons. An association or institutional
operator will systematically be the intermediary.
1. The operator who
submits the request to the coordination should evaluate the situation to verify
if this is the right solution. It is important to get total commitment from the
oriented person to the proposal which is made (geographic distancing, not to give
out any information about the network's addresses, breaking contact with all persons
directly or indirectly linked with mafia networks, …)
2. Next is the
orientation request; the coordination responds within 48 hours with a possibility
of shelters. The date and the integration procedure are determined between the
applicant and the shelter.
3. The victims are systematically physically
accompanied to the shelter. The travel costs are reimbursed by the plan's coordination.
4. The plan gives 304 euros to each person approved for entrance into the
plan and the network.
ATTRIBUTION
OF AN ALIEN RESIDENCE PERMIT The
current legal scope only allows authorizing residence permits to victims of the
trafficking in human beings having cooperated (filing a complaint or witnessing).
During the period of the criminal proceedings, the victim can get a
6-month temporary residence permit with authorization to work. Once the persons
accused are definitively convicted, a permanent residence card may be issued.
The police can consider the fact that the victim continues to work as
a prostitute as an obstacle to issuing any type of residence permit.
WHAT
DOES THE LAW SAY? The
law 2003-239 dated March 18, 2003 for interior security introduces incrimination
for "trafficking in human beings" into French law:
Penal Code
Art. 225-4-1. "The trafficking in human beings is the fact of recruiting,
transporting, transferring, housing, welcoming, or putting a person at the disposal
of a third party, even unidentified, in exchange for remuneration or any other
benefits or the promise of remuneration or benefits, in order to either allow
the commission against this person of pimping infractions, aggression or sexual
harm, utilizing begging, work or living conditions contrary to their dignity,
or to force this person to commit any crime or misdemeanor."
The
legislator also planned for assistance to the victims with the following conditions:
Art. 42. "All persons victim of exploitation by prostitution should
benefit from a system of protection and of assistance assured and coordinated
by the administration in active collaboration with various social services."
Art. 43. Article L. 345-1 of the social and family action code is completed
by the following paragraph:
"Places in shelters and social reintegration
are open to welcome the victims of the trafficking in human beings in security
reassuring conditions."
Art. 76. Issuing an alien resident permit
"Except if her presence constitutes a threat to public order, a temporary
residence permit can be issued to a foreigner who files a complaint against a
person she accuses of having committed infractions against her cited in articles
225-4-1 to 225-4-6 and 225-5 to 225-10 of the penal code or witnesses in a criminal
proceeding concerning a person pursued for these same infractions. This temporary
residence authorization gives the right to work in a professional activity.
In the case of a definitive conviction of the person accused, a resident card
may be issued to the foreigner having filed the complaint or witnessed."
Contact
et coordination Association ALC-SPRS - Nice
Ac.Sé.
Boîte
Postale 1532
F-06009 NICE CEDEX 1
Email : ac.se@association-alc.org
Web site : http://acse-alc.org/
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