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Human Being, not for sale? : a thesis on the B9 regulation and the position of human trafficking victims in the Netherlands

Rechten: Alle rechten voorbehouden

Human Being, not for sale? : a thesis on the B9 regulation and the position of human trafficking victims in the Netherlands

Rechten: Alle rechten voorbehouden

Samenvatting

This report provides an analysis and evaluation of the position of human trafficking victims in the Netherlands by examining the Dutch B9 regulation; a procedure made for illegal victims of human trafficking aimed at providing shelter and protection for victims and providing facilities for the criminal investigation and prosecution of the suspects.

The research draws attention to the fact that the B9 regulation is difficult to implement and has significant shortcomings. It presents a visible conflict of interests between the criminal investigation and prosecution on the one hand and the Aliens Act on the other, which makes the interests of the victim come at a third place. Furthermore, the regulation is primarily aimed at the criminal investigation and prosecution of human trafficking suspects. Other shortcomings are caused by the lack of knowledge, experience
and familiarity with the regulation among the responsible authorities, the complexity of the rule and the inadequate cooperation between authorities. Further investigations reveal that the B9 regulation makes assistance to victims conditional of their cooperation in a criminal investigation or prosecution, which is in conflict with International Law. As only a small number of victims is willing and able to cooperate, the vast majority does not qualify for any official shelter or assistance. Even victims that do cooperate are not offered sufficient assistance as their right to residence
mainly depends upon the results of the criminal case. Moreover, as not all victims are illegal aliens, the B9 regulation is outdated and excludes a substantial group of victims from official assistance.

The report concludes that the B9 regulation does not adequately support and protect victims of human trafficking in the Netherlands. It is stated that the government should accept the moral responsibility to support victims in overcoming the offenses that were committed within the government's territory. Victims of human trafficking should be given the right to unconditional assistance and temporary residence, special attention should be given to the information provided to the victim and more focus should be put on the personal needs of the individual victim by creating a more
general, inclusive regulation which is based on solidarity. Furthermore, it points out the need for an increasingly centralised organization of shelter and assistance so that synchronization and cooperation between the authorities involved and knowledge about the regulation are improved.

Toon meer
OrganisatieDe Haagse Hogeschool
AfdelingESC Hogere Europeses Beroepen Opleiding
Jaar2009
TypeBachelorscriptie
TaalEngels

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