3071-The political economy of new slavery
3071-The political economy of new slavery
3071-The political economy of new slavery
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84 <strong>The</strong> Belgian Counter-trafficking Policy<br />
the liaison magistrate may also invite any person or department whose<br />
help he or she deems useful to the investigations and prosecution<br />
regarding trafficking in persons. Additionally, he or she will also be<br />
responsible for the collaboration with the national magistrates in their<br />
role <strong>of</strong> co-ordinating <strong>of</strong> prosecutions and the facilitation <strong>of</strong> the international<br />
criminal co-operation (Brammertz et al., 2002).<br />
Fourth pillar: victim support<br />
<strong>The</strong> Belgian system for victim support is based on a difficult compromise<br />
between, on the one hand, the desire to protect the victims and to <strong>of</strong>fer<br />
them prospects for the future and, on the other hand, the necessity for<br />
an effective fight against the networks involved in trafficking. It is in<br />
this context that the victims <strong>of</strong> trafficking who agree to co-operate with<br />
the judicial authorities and agree to be assisted by a specialized shelter<br />
may be granted a specific residence status.<br />
A general overview <strong>of</strong> three relevant legal texts will draw the conclusion<br />
that the position <strong>of</strong> institutions providing assistance for victims <strong>of</strong><br />
trafficking in human beings, as well as the victims themselves, has<br />
improved steadily in recent years (OCSE, 1999). 8<br />
In the first place, there is the ‘Circular concerning the delivery <strong>of</strong><br />
residence and work permits to foreigners, victims <strong>of</strong> trafficking in<br />
human beings’, issued by the Ministry <strong>of</strong> the Interior in 1994. This<br />
circular formally recognizes the statute <strong>of</strong> ‘victims <strong>of</strong> trafficking in<br />
human beings’. Whenever a victim <strong>of</strong> trafficking goes to a specialized<br />
service that provides assistance to victims, and the victim can prove to<br />
the authorities that they have sought this type <strong>of</strong> assistance, they may<br />
receive a delayed expulsion order (as opposed to a direct expulsion<br />
order) to leave the country within 45 days that gives legal title to be in<br />
the country for the 45-day period. <strong>The</strong> decision whether they receive<br />
this order or not lies with the Immigration Office. If the prosecution<br />
service decides to pursue the case, the victim can receive an authorization<br />
from the Immigration Office to stay in the country for three<br />
more months. If after a period <strong>of</strong> three months the prosecutor has good<br />
reason to believe that the circumstances reported amount to a trafficking<br />
case a six-month document is delivered. A re<strong>new</strong>al <strong>of</strong> this authorization<br />
for another six months is possible until the end <strong>of</strong> the criminal proceedings<br />
against the trafficker. Yet again, assistance by a specialized<br />
organization is obligatory. Victims residing under this residence framework<br />
are <strong>of</strong>fered access to employment, education, compensation, legal<br />
aid, mental and physical health care, financial support, and so on.