Temporary Residence Permits: Ethical Conflict or Synergy?

1. Temporary Residence Permits: Ethical Conflict or Synergy? Center for Ethics & Value Inquiry Ghent University Belgium

2. 2005 proposal - 2007 project • Main drive remains: value inquiry into policies and behaviours of international and national organisations on THB • Normative assessment of THB policies: linking sense-making on THB at different levels with labour market characteristics

3. Phase 1: shifts in THB discourse • From focus on: • Prostitution • Migration • Policing • To (2002-2004) • Labour issue • Human Rights approach

4. Human Rights and THB discourse • T causes HR violations, hence states must fight T • Policing and investigative mechanisms must be in line with HR(recognition as ‘victim’) • Because HR have been violated, policies must restore them(‘victim’ becomes TP, recognition of agency and hence the necessity of empowerment)

5. HR in THB documents • 2002: Anti-Slavery International reportHuman Traffic Human Rights - Redefining Victim ProtectionTRP - tries to combine prosecution with empowerment • 2002: Brussels Declaration - expresses the need for a HR approach • 2004: Council Directive 2004/81/EC on TRP • 2004: OSCE Helsinki Conference - on protecting HR of TP and strengthening their rights • 2004: Experts Group report - holistic HR approach

6. However • 2002: Anti-Slavery International report points out the failures of the Reflection Period and the instrumentality of the TRP • 2004: OSCE report: even the instrumentality of the TRP is not understood • 2004: Experts Group vs Council Directive categoric vs states can choose • 2005: Europol report: procedures on TRP do not follow the Directive • June 2007: report expected on implementation of the Directive

7. Belgium • Circular 1994: Reflection period,permanent RP as reward • Circular 1997: renewal TRP lies with migration services (migration issue, not labour issue)TRP is instrumental • New law 2005: THB defined not in terms of migration- making others commit crimes- making others work in conditions that are in violation of human dignity • Law 2006: practice of TRP becomes law

8. Belgium (cont) • Reflection period remains problematic • NGOs have chosen conditional TRP

9. Phase 1 • Shift in discourse: international vs national • Discourse vs practices • Document discourse vs sense-making in GO and NGO

10. Phase 2: THB = labour issue • Follows Experts Group opinion • In line with law 2006 • Fighting THB = enforcing labour standards • Impediment to do this = informalisation of work • Labour market characterisitics but also business ethics and CSR (private actor responsibilities for HR)

11. Phase 1Sense-making and practices vs shifts in document discourse on THB Phase 2Sense-making and practices on THB as a labour issue involving private actor responsibilities for HR CEVI - ESF