minimum standards of care for victims of trafficking · the purpose of drafting the minimum...

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Minimum Standards of Care for Victims of Trafficking

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Acknowledgements The Government of Kosovo and the Kosovo Anti Trafficking Program funded by USAID and implemented by IOM and AED, gratefully acknowledges the contributions to this document made by important individuals from the following Governmental Institutions as well as from Non-Governmental organizations, such as from: Ministry of Labour and Social Welfare: Bajram Kelmendi; Adile Basha; Lirie Maksutaj Ministry of Justice Arta Kelmendi; Basri Kastrati; Burhan Maxhuni; Drita Cakiqi; Valbona Jaha Ministry of Finance Xhevat Shabani Ministry of Education, Science and Technology Fatime Jasiqi Kosovo Police Ferat Rukolli; Latif Daka; Ramadan Ahmeti; Leonora Krasniqi; Driton Islami; Exhevit Plakolli Non-Government Orgnizations/Shelters Hope and Homes for Children (Valbona Citaku; Suzana Berisha); NGO Liria (Shahadije Rexhepi; Nora Haziri); Centre for Protection of Victims and Prevention of Trafficking in Human Beings (Hamijet Dedolli; Teuta Abrashi; Luljete Prekazi); Centre for Protection of Women and Children (Emine Kabashi; Naime Sherifi); Women Wellness Center (Lumnije Deçani; Teuta Kusari); Safe House (Sakibe Doli) International Organizations IOM (Petrit Sopjani; Elvira Rasimi); AED (Antigona Dajakaj Fejza; Vesa Rezniqi; Kristin Farthing; Laura VanVorhees); OSCE (Valentina Bejtullahu); Finally, we would like to thank the facilitator of the MSVoT working Group, Mrs. Ruth Rosenberg, for her support and wise advice throughout the entire process until the finalization. A particular note of appreciation is due to Valbona Çitaku, Basri Kastrati, Antigona Dajakaj – Fejza, and Vesa Rezniqi, who worked very hardly, not only during the workshops, but also in between the workshops, from the initial draft to the finalization of the MSVoT document.

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TABLE OF CONTENTS:

ACRYNOMS ............................................................................................................................................... 79 TERMINOLOGY/DEFINITIONS.............................................................................................................. 80 INTRODUCTION ....................................................................................................................................... 83 1. IDENTIFICATION.................................................................................................................................. 85 2. REFERRAL............................................................................................................................................. 85 3. ACCOMODATION................................................................................................................................. 86

3.1. SHELTER STAFF ................................................................................................................................. 86 3.2. ARRIVAL/INTAKE............................................................................................................................... 87 3.3. SPACE AND ENVIRONMENT ................................................................................................................. 89 3.4. FOOD AND CLOTHING ......................................................................................................................... 89 3.5. ACTIVITIES ........................................................................................................................................ 90 3.6. CONTACT WITH FAMILY..................................................................................................................... 91 3.7. RELIGION ........................................................................................................................................... 91 3.8. DISCIPLINE AND BEHAVIORS OF THE BENEFICIARY ............................................................................ 92 3.9. PREPARATIONS FOR THE RELEASE FROM THE SHELTER ..................................................................... 93

4. SECURITY .............................................................................................................................................. 93 5. PREPARATION OF A CARE PLAN ..................................................................................................... 95 6. HEALTH CARE...................................................................................................................................... 96 7. PSYCHO-SOCIAL SUPPORT................................................................................................................ 97 8. EDUCATION........................................................................................................................................... 98

8.1. EDUCATION ........................................................................................................................................ 98 8.2. SKILLS FOR LIFE ................................................................................................................................ 99

9. VOCATIONAL TRAININGS/ COURSES............................................................................................ 100 9.1. PROFESSIONAL DEVELOPMENT ........................................................................................................ 100 9.2. ECONOMIC INDEPENDENCE .............................................................................................................. 101

10. LEGAL SUPPORT .............................................................................................................................. 102 11. COMPLAINT PROCEDURES ........................................................................................................... 103 12. BENEFICIARY FILES........................................................................................................................ 104 13. FOLLOW-UP....................................................................................................................................... 105

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ACRYNOMS CSW – Center for Social Work DAOC – Directorate Against Organized Crime MEST – Ministry of Education, Science and Technology MLGA – Ministry of Local Government Authorities MLSW – Ministry of Labour and Social Welfare SOP – Standard Operating Procedures THBIS – Trafficking in Human Beings Investigation Section UN – United Nations VA – Victim Advocates

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TERMINOLOGY/DEFINITIONS Child/Child Victim: anyone under 18 years of age. Beneficiary: the person identified as a victim of trafficking who has been referred to the relevant authorities for assistance. A victim of trafficking is a victim of crime, but this terminology is disempowering; therefore, he/she will be referred to as a beneficiary, starting from Standard 3, Accommodation. Victim Advocate: the trained professional from the sector of protection and assistance who ensures that victims’ rights are protected. Case Manger from the Center for Social Work: the official appointed by the Center for Social Work, who manages a victim’s case and appoints a legal guardian, when necessary. Case Manager within Shelter: the staff member appointed by the supervisor of the shelter, who manages the victim’s care from the arrival into the shelter until her/his re-integration. Legal Guardian: the child victim’s parent, family guardians, or a person appointed by the Center for Social Work in case the legal right was discharged to guard his/her child. Direct Assistance Partners: all service providers or agencies who are involved in some aspect of a beneficiary’s case or care. Forms and documents: all official working papers used by service providers (in and out of shelter) to document or record all the services received, or rejected, by a beneficiary. These forms are not standardized and service providers use their own templates. Interviews with beneficiaries: all interviews mentioned as indicators are meant to be done by shelter staff, case managers from CSW, Police, or other relevant officials who have the authority to conduct such interviews, so that interested service providers are updated with relevant information about the victim. Service Providers: professional staff from organizations that manage the provision of services to victims of trafficking. Service providers can be social workers, psychologists, shelter staff, medical care staff, or legal staff from various governmental and non-governmental organizations (international and local). Reintegration/integration: reintegration or integration of victims of trafficking is focused on reuniting the individual with her/his family or community or integrating the trafficked person into a new community. Beyond the physical act of returning, it involves unification with the individual’s social environment and is intended as a long-term socio-economic solution.

Shelters: places where beneficiaries are accommodated, which differ according to:

Beneficiaries’ risk level (high-risk shelter/closed shelters, mid-risk shelter/half-closed, low-risk shelter/open shelters);

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Beneficiaries’ age (shelter for children, shelter for adults, shelter for mothers with children);

Victims’ category (victims of trafficking exclusively; victims of trafficking and other forms of violence)

Social Services: all services offered to the victims and other groups in need, for their protection, development, and recovery. Victim/trafficked person: For many people, the term “victim” implies powerlessness and constructs an identity focused around the experience of victimization. However, within the established international human rights framework, the term “victim” is important as it designates the violation experienced and the responsibility for redress. It is for this reason that the term “victim” is used in this report. The term “trafficked person” is also used because it too acknowledges that person’s trafficking experience as central and in need of redress.xiii Both terms designate persons who qualify as victims of trafficking in accordance with Article 3 of the UN Protocol and/or according to relevant national legislation, quoted below: “(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article.”

xiii Referred to Standard Operating Procedures for Victims of Trafficking in Kosovo 2008

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INTRODUCTION The purpose of drafting the Minimum Standards of Care for Victims of Trafficking (MSVoT) is to ensure that all services for victims of trafficking in the Republic of Kosovo are unified so that all victims of trafficking in Kosovo receive quality and effective services. This document is a basis for all service providers to provide quality services, taking into account individual and human rights and applicable laws. The document is drafted by the representatives of the institutions and non-governmental organizations of Kosovo, who provide day–to-day services for victims of trafficking, and referencing:

The Constitution of the Republic of Kosovo The Penal Code of Kosovo The Code of Penal Procedure The Law for Social and Family Services (no.:02/L-17) Standard Operating Procedures for Victims of Trafficking The National Strategy and Plan of Action Against Trafficking in Human

Beings (2008-2011) The National Strategy for Protection of Children’s Rights (2009-2013)

The document determines minimum standards from the identification phase to a beneficiary’s full reintegration. However, the identification and referral phases of assistance are well documented in the Standard Operating Procedures for Victims of Trafficking in Kosovo. These procedures govern all aspects of identification and initial referral. In this document, the MSVoT, only key elements of these two phases are outlined. Providers are encouraged to carefully read the SOP as they are also obligated to adhere to its procedures. Any provider of services to a victim of trafficking in Kosovo, including those providing services to victims residing in shelters and to those residing at home or in any other type of residence, are obligated to adhere to the standards and procedures outlined in the chapters which follow. These standards are based on the following fundamental principles, which the providers of services agree to adhere to:

All services are provided only with the fully informed consent of the beneficiary;

Respect of human and child rights, based on international conventions; The best interest of children will always be paramount; Confidentiality/trust created between the beneficiary and service providers; Full respect of the beneficiary by service providers; Nondiscrimination by service providers based on gender, race, nationality,

ethnicity, age, religion, level of education, psycho-social situation, sexual orientation, or other factors;

Full communication with beneficiaries; Safety and security for both beneficiaries and service providers; Provision of services by fully trained and experienced professional service

providers.

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Monitoring of the implementation for these standards will be done by the existing internal mechanisms of each service provider. All social services are monitored by the Ministry of Labor and Social Welfare, specifically the Department of Social Welfare according to the Law for Social and Family Services in Kosovo. All service provider staff should be familiar with the Standards and every service provider shall be monitored closely and reviewed periodically. In case of non-compliance with these standards by service providers, legal actions and procedures will be undertaken by relevant responsible authorities. In order to ensure that the MSVoT remain in line with international standards, this document will be reviewed against international standards periodically and revised appropriately through a participatory process.

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1. IDENTIFICATIONxiv

1.1. Identification – The purpose of the identification is to provide victims of trafficking with the necessary supportive services from competent institutions as quickly and safely as possible. Specific instructions related to the identification phase of victims of trafficking can be found in the official manual: Standard Operating Procedures for Victims of Trafficking in Kosovo (SOP).

1.2. Initial identification – Can be done by any individual or professional who has

knowledge of the criteria that categorizes a case as a (supposed) victim of trafficking.

1.3. Identification of victims of trafficking according to the Laws in force and

Standard Operational Procedures – Should be done by the Police, Victim Advocates (VA), Centers for Social Work, and other organizations that provide services to and shelter for the victims.

1.4. Room where the victim is interviewed – Should ensure the feeling of comfort

and safety to the victim. 1.5. Treatment of victims – Should be done in accordance with Kosovo’s laws and

the international conventions to which Kosovo is a signatory; should offer optimal conditions to treat victims with dignity, particularly respecting their consent and will for future assistance.

1.6. Keep contact with relatives – A victim of trafficking should have the

opportunity to contact her/his relatives whom she/he trusts to inform them that she/he is safe and with persons who will help her/him.

1.7. Communication language – A victim of trafficking has the right and should be

given the opportunity to speak in her/his native language, from the initial interviewing until the full re-integration in the community.

2. REFERRALxv 2.1. In order to have victims treated by professionals, the referral should be done by

those with the authority to represent the responsible institutions. 2.2. Persons who refer the victims of trafficking should take into consideration the

victims’ needs, including security, and refer them to institutions/organizations in order to fulfill their needs in an effective way.

2.3. During the referral phase, information should be shared only with others who

are directly engaged in the protection of victims of trafficking.

xiv Issues elaborated under IDENTIFICATION are very general and based on the SOP manual. xv Issues elaborated under REFERRAL are very general and based on the SOP manual.

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2.4. During the referral, the victims should be notified in writing and verbally of their rights and of available services.

2.5. Victims should be referred to licensed shelters only. 2.6. Victims not in need of shelter services should be referred to their local Center

for Social Work. 3. ACCOMODATION STANDARD: Shelters which accommodate beneficiaries must meet all basic standard living conditions. CRITERIA:

3. Every shelter should provide: A supportive and safe environment; Clothing; Food; Medical examinations; Psycho-social counseling; Legal advice and services; Special access for beneficiaries with special needs/disabilities; Special places for the recreational activities for children.

2. The shelter should separate children and adults, except in the cases when children are with parents.

WHAT WE SHOULD NOT DO:

5. Neglect the health of beneficiaries. 6. Give incomplete information to the beneficiaries related to the preparation for

court trials. 7. Smoke in the shelter, except in designated smoking areas. 8. Accommodate a beneficiary against his/her will.

FORMS AND DOCUMENTS:

Internal regulations of shelter; Forms of arrival/intake; Forms on implemented daily activities; Forms on release/transfer.

INDICATORS:

Interviews with beneficiaries, where they report on the non-fulfillment of basic living conditions;

Complaint Box, where beneficiaries can express their experience of received services.

3.1. Shelter Staff

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STANDARD: Shelter staff should be trained professionals with no criminal background. CRITERIA:

5. Every shelter should have at least three of the following professional staff and agreements with others to provide services as needed:

- Psychologist; - Lawyer; - Psychiatrist; - Doctor; - Social worker; - Nurse.

6. Shelters that accommodate children and high-risk beneficiaries should have at least two care-takers per shift for 24 hours per day. Other shelters can have one caretaker per shift 24 hours per day and one caretaker on call, to be brought in as needed.

7. Before being employed, and periodically after being employed, shelter staff should undergo police/background checks from the Trafficking in Human Beings Investigation Section and medical examinations from licensed medical practitionersxvi.

8. All staff members should sign and respect the code of conduct created by the shelter or service provider, which ensures security, credibility and respect of human rights. The code of conduct should also ensure staff do not verbally, physically or sexually abuse the beneficiaries and do not take advantage of beneficiaries for their personal gain.


3. Staff should not neglect the welfare of the beneficiary. 4. Staff should not violate the code of conduct.


Daily staff reports; Staff files; Agreements with services provided by professionals hired on an on-call basis.

INDICATORS:

Interviews with beneficiaries to report any mistreatment by shelter employees; Signed documents that can be found in the files documenting progress for the

beneficiaries and services provided by the necessary professionals. 3.2. Arrival/Intake STANDARD: Every beneficiary, upon referral, should be welcomed by shelter staff and provided a special room for the initial process of gathering information. CRITERIA:

xvi Examination should include physical and mental health checks, to ensure that in-shelter staff are capable to effectively perform their daily work.

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10. Every shelter should have written documentation of beneficiaries’ arrival that includes age and gender, as well as conditions that exclude a person despite the fact that he/she fulfills all other conditions.

11. Upon the arrival of beneficiaries in the shelter, Trafficking in Human Beings Investigation Section (THBIS) should bring the basic forms with data on the beneficiary, that should include:

a. Identity; b. Medical-legal examination; c. Evaluation of the risk level; d. Circumstances under which the beneficiary was found; e. Name of the interviewing persons responsible for the case.

12. Beneficiaries should be told their rights and the rules that they should respect (in the case of child beneficiaries, these should also be told to their legal guardians). The beneficiary should be informed of the rules and regulations at the place of stay and they should be offered a form with information on their rights and obligations while they are in the shelter. Rules and regulations should be posted in a visible place within the shelter.

13. Immediately after the beneficiary’s consent/agreement with the rules (in the case of children beneficiaries, by their legal guardians), immediate needs of the beneficiary should be identified, such as:

a. Medical examinations when needed; f. Psycho/social counseling; g. Food and clothing; h. Personal needs.

14. The staff of the place where the beneficiary is staying should ensure the highest level of confidentiality of information related to them.

15. After the beneficiary has signed the form on respecting the rules of the place of stay, the staff in charge should introduce the beneficiary to the house, bedroom, personal closet, kitchen, and other spaces at the disposal to the beneficiary.

16. When shelter staff receives additional information related to the case of a beneficiary, they will request the beneficiary’s permission to inform THBIS – Directorate Against Organized Crime (DAOC).

17. On the first day after the beneficiary’s arrival, shelter staff should inform the Center for Social Work (CSW) about his/her arrival. If the beneficiary is a child, he/she should be accompanied by the social worker from CSW during the arrival.

18. In the case of child beneficiaries whose parents or other legal guardians cannot be found, or when they are engaged in their trafficking, shelter staff should work with the CSW to appoint a legal guardian.


3. The beneficiary should not be re-interviewed so that he/she is not re-victimized after already being exhausted from the first interview.

4. Beneficiary should not be sheltered against her/his will. FORMS AND DOCUMENTS:

The internal regulation and consent form should be signed by the beneficiary and care-taking staff in charge, and in the case of children by their legal guardian;

Social history including the declarations of the legal guardian. INDICATORS:

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Interviews with beneficiaries where they report any disrespect of their will; Beneficiary’s file with all necessary documents.

3.3. Space and environment STANDARD: The shelter should fulfill all basic conditions and needs of the beneficiaries, independently from the capacity and type of the shelter. CRITERIA:

5. The room where the beneficiary is staying should have: a. Sufficient space and light; b. Personal bed; c. Closet for clothes and her/his things; d. A separate closet with a key for her/his personal stuff.

6. One room can accommodate a maximum of three beneficiaries, except in the case of siblings where five persons can be accommodated in one bedroom if the space is sufficient. There should be special rooms for children, except when children are with their parent.

7. The bedroom of the shelter care-takers must not be in a common bedroom with beneficiaries, but they should be close to each other.

8. Beside the bedroom, beneficiaries must have a space for daily activities, kitchen, bathroom/toilette, room for counseling, library, room for recreational activities and a separate room for smoking.


3. It is not allowed for the space in which beneficiaries are staying to be unclean. 4. To not put more than three persons in one bedroom.


Work forms of every shelter; Shelter file; Forms of rules and regulations.

INDICATORS:

Interviews with beneficiaries where they report any lack of fulfillment of their basic living conditions.

Complaint Box, where beneficiaries can express their discontent related to services provided.

3.4. Food and clothing STANDARD: Beneficiaries should be ensured quality food and adequate clothing. CRITERIA:

10. It should be ensured that beneficiaries are provided with healthy food based on their needs.

11. Pregnant beneficiaries, beneficiaries who are breastfeeding, and beneficiaries with particular dietary needs should be provided special food.

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12. Weekly menus should be revised and decided upon together with beneficiaries, and, in special cases, with a nutritionist, if required.

13. Food must be provided to the beneficiary with respect to his/her culture and religion.

14. Beneficiaries can be involved in cooking, under the supervision of the care-taking staff.

15. Kitchen and dining area should be suitable and in correspondence to the number of persons who are being served.

16. Food that is provided to the beneficiary should always be fresh and there should be an adequate place for storage.

17. When a beneficiary has to go out of the shelter for an extended time period for needs related to their case (ex. Court sessions) food should be prepared for the beneficiary by the shelter.

18. Beneficiaries should be provided with clothing based on needs. If the beneficiary goes to school, clothing should be provided according to the school standards and adequate clothing should be provided for presentation in court trials/sessions.


3. We must not give food that beneficiaries do not want to consume. 4. Beneficiaries should not take part in court trials/sessions with inappropriate

clothing. FORMS AND DOCUMENTS:

Forms of work of every shelter; Menu.

INDICATORS:

Interviews with beneficiaries where they report any lack of fulfillment of their basic living conditions;

Complaints Box, where beneficiaries can express their discontentment related to everything.

3.5. Activities STANDARD: Beneficiaries should be involved in different activities for the purpose of rehabilitation and recreation. CRITERIA:

7. Every beneficiary should be encouraged by the shelter staff to participate in individual or group-organized activities.

8. Beneficiaries should be supplied with recreational materials to plan activities inside or outside the shelters.

9. Beneficiaries should have access to newspapers, books, and magazines of their choice, based on their age.

10. High-risk beneficiaries should be able to go outside for at least two hours a day, and to implement activities outside of the shelter when possible and necessary, in correspondence to the shelter budget and security issues.

11. Children should be provided an area with recreational games, reading material, and appropriate TV Programs.

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12. All implemented activities should be provided for each case individually. WHAT WE SHOULD NOT DO:

1. Put pressure on beneficiaries to participate in any activity without their consent. FORMS AND DOCUMENTS:

Personal files of every beneficiary; Forms of daily and weekly planned activities.

INDICATORS:

Daily work formats completed by staff members that keep track of activities; Signed documents that exist in the beneficiary’s file.

3.6. Contact with family STANDARD: Every beneficiary has the right to contact family, relatives, and friends who play an important part in beneficiary’s life. CRITERIA:

4. Shelter staff must confirm that beneficiaries are communicating with persons who are not involved in her/his victimizationxvii.

5. When high-risk beneficiaries contact family members via phone or e-mail, they should be monitored by shelter staff, and meetings with family members should happen with police present.

6. Child beneficiaries should be accompanied by the Case Manager from the CSW when meeting family members.


2. Impede beneficiary’s communication with his/her family members, unless family members were involved in their trafficking.


Schedules of contact with family that are placed in the beneficiary file. INDICATORS:

Interviews with beneficiaries where they report any lack of fulfillment of their basic rights;

Complaints Box, where beneficiaries can express their discontentment related to provided services.

3.7. Religion STANDARD: Beneficiaries should be given the opportunity to practice their religion, according to the Law on Religion.

xvii Persons with whom beneficiaries are communicating should be checked and confirmed by Police that they are not involved in their trafficking,

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CRITERIA: 2. Shelter staff must respect the religion of each beneficiary by enabling/ensuring: Appropriate food for the beneficiary according to her/his religion; Adequate place and time for prayers; Religious equipment.


3. Beneficiaries should not be pressured to practice their religion. 4. No one should impose a religion on a beneficiary.


Work forms filled out by staff. INDICATORS:

Interviews with beneficiaries with their report on their freedom to practice religion;

Interviews with beneficiaries in which they report that no one is imposing religion on them (their own religion or other).

3.8. Discipline and behaviors of the beneficiary STANDARD: Shelter staff should undertake disciplinary measures based on the rules and regulations of the shelter. CRITERIA:

5. Every shelter must have internal procedures for disciplinary measures and punishments.

6. Disciplinary measures should be set: c) According to the age of beneficiaries; d) According to beneficiary’s physical and emotional conditions.

7. For every incident caused by the beneficiary, they should be given the opportunity to express their reasons with care-takers, doctor, social worker from CSW, the police, etc.

8. Intervention is allowed only when individuals disrespect the rules and in order to prevent other beneficiaries and beneficiary’s caretakers from harm.


1. Disciplinary measures should never include the reduction of food or sleep, not providing clothes, reduction of visits or contacts with family members, or the usage of physical or psychological abuse towards the beneficiary.


All disciplinary actions should be documented in the beneficiary’s files and signed by the beneficiary and staff.

INDICATORS:

Interviews with beneficiaries and staff that prove incidents and misbehaviors; Signed documents that can be found in beneficiaries’ files.

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3.9. Preparations for the release from the shelter STANDARD: The release of the beneficiary from the shelter should be done with her/his consent. CRITERIA:

1. Shelter staff should cooperate with Partners of Direct Assistance to prepare for the departure of the beneficiary from the shelter.

2. In order to rehabilitate and empower the beneficiary, the length of the stay in the shelter should be flexible, based on the beneficiary’s needs and circumstances.

3. The beneficiary can be transferred from one shelter to another with her/his consent, according to the agreements between shelters, and the services that the beneficiary requires. In this case, THBIS should evaluate the level of risk.

4. A beneficiary can only leave the shelter with his/her consent. In the case of a child, consent should be taken from the legal guardian, shelter employees, and Case Manager from the Center for Social Work. In this case, police should be informed (THBIS- DAOC).

5. Before the beneficiary leaves his/her place of stay, she/he has to sign a letter of release.

6. The beneficiary may take with them copies of all personal records including health, psychological, physical, education and rehabilitation information.

7. Beneficiaries should be allowed to take all personal items including clothing. 8. If the beneficiary is Kosovar and conditions to be returned home or other private

accommodation are fulfilled, transport from the shelter to the police station should be done by THBIS-DAOC. When transporting children, beneficiaries Case Manager from the CSW should be present.

9. For the transport of foreign beneficiaries, please refer to the SOP. WHAT WE SHOULD NOT DO:

4. The beneficiary must not be obliged to return to their families when security and economic conditions are not favorable.

5. Adult beneficiaries cannot be forced to stay in the shelter if they want to leave. 6. Adult beneficiaries cannot be forced to leave the shelter if they want to stay.

FORMS AND DOCUMENTS: Basic forms with data on the evaluation of the low level of risk; Forms for transfer from the shelter, which should include the list of the services

received by the beneficiary; Complete medical documentation.

INDICATORS:

Beneficiary’s consent to leave the shelter, and signature on the transfer format, which proves the free will of the beneficiary;

Evaluation of risk level from THBIS; Signed documents that exist in the beneficiary file.

4. SECURITY

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STANDARD: Security of beneficiaries and staff of the service providers must be ensured. CRITERIA:

11. Ensuring the physical security of beneficiaries and staff (of the service providers) must always be a primary concern.

12. Service Providers should undertake prevention measures and manage actions on time in any case of security threats, for both their staff and beneficiaries.

13. During the stay in the shelter when a staff member identifies and assesses a security threat to beneficiary or others in the shelter, they should immediately contact police and other competent institutions.

14. The evaluation of the level of risk for each beneficiary should be done by law enforcement institutions, and according to the level of risk the beneficiary is sent to an appropriate shelter accompanied by the basic forms with his/her information.

15. If a beneficiary does not accept the support of and/or accommodation in a shelter, she/he should be made aware of the consequences and risks of staying outside the shelter and should be further advised on prevention actions and provided with service provider numbers in case of danger.

16. In arrival at the shelter, beneficiaries possessions which are considered to be dangerous for the beneficiary herself/himself and others will be confiscated by responsible staff and the confiscation documented.

17. Beneficiaries should be informed about security measures in and out of the shelter

18. Depending on the type of shelter that accommodates high- or medium-risk beneficiaries; adequate protection measures need to be taken. For example: cameras, lights, fences, doors, alarm, security guard, etc.

19. Taking into consideration the nature of trafficking, it is very important for the shelter to be well-protected and to be allowing access only to individuals from competent institutions.

20. Shelter staff should be informed of management procedures in cases of threats and danger to the place where they are staying.


4. Child beneficiaries must not have access to sharp objects or dangerous tools. 5. The beneficiary must not be returned home if there is any indication that the

family is involved in their trafficking. 6. The beneficiary must not be returned in the place where there are indications that

he/she can be re-trafficked.


Beneficiary file; Evidence of objects confiscated from beneficiaries for security reasons; Internal regulations of the shelters; Form with basic data related to the beneficiary.

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INDICATORS:

Regular reports and evaluations of local and international institutions with regards to the implementation of standards.

5. PREPARATION OF A CARE PLAN STANDARD: Every beneficiary must have an individual Care Plan which documents the services needed for their full reintegration and how those services will be provided. CRITERIA:

1. When the beneficiary is at a shelter, the Care Plan must be prepared by the CSW and Case manager from the shelter in cooperation with the beneficiary.

2. When the beneficiary is not sheltered, the Care Plan must be prepared by the Case Manager assigned by the CSW in cooperation with the beneficiary and Partners of the Direct Assistance. In the case of children beneficiaries, the legal guardian should be involved as well.

3. Beneficiaries should be encouraged to participate in the creation of the plan and to decide on different parts of this plan.

4. The services outlined in the individual beneficiary’s Care Plan will depend on the beneficiary’s immediate needs and the resources available in the community and in the shelter.

5. Care Plans should address and incorporate all services necessary for the beneficiary’s full recovery and reintegration (see Standard 6 – 10 for more information about services to be provided).

6. Each individual Care Plan should contain and document: a. General information on the beneficiary; b. Objectives and indicators for achieving these objectives, including

timelines, and expected results; c. Services recommended to and received by the beneficiary in order to

achieve the objectives; d. Specific details about how and by whom the necessary services will be

provided; e. Contact between the beneficiary and family; f. Beneficiary’s level of risk; g. Beneficiary’s health history; h. Outlined responsibilities of different stakeholders; i. Form of consent signed by the beneficiary giving the ability to share basic

information with another service provider; j. Beneficiaries’ referral information to the existing services and resources in

the community; k. A plan for monitoring beneficiary progress.

7. Care plans should be reviewed periodically. WHAT WE SHOULD NOT DO:

1. No actions should be undertaken against the will of a beneficiary.

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Completed and signed Care Plan. INDICATORS:

Format of the Care Plan with signatures of responsible persons and beneficiaries themselves.

6. HEALTH CARE STANDARD: Every beneficiary has the right to health services and medical visits. These services should be offered from the identification phase to reintegration phase, since the physical and mental health of each beneficiary is very important during the whole rehabilitation process. CRITERIA:

13. Each beneficiary should be provided health care with the consent of the beneficiary. If the beneficiary is a minor, the beneficiary should be treated only with the consent from the legal guardian.

14. For beneficiaries’ children that are accommodated in the shelter, the shelter staff should have a written agreement, immediately after the arrival of the beneficiary, with the legal guardian or the case manager from CSW in order to give shelter staff the authority for coordinating of medical visits and services.

15. When the beneficiary is not accommodated in the shelter, the case manager assigned by the CSW should coordinate necessary medical services for the beneficiary. However, when the beneficiary is accommodated in a shelter, shelter staff is responsible for coordinating necessary medical services.

16. Shelter staff should ensure that medical visits are recorded and the therapy provided is described in writing. Medications should be given under supervision of the shelter staff and according to the instructions determined by the doctor.

17. The shelter should have essential medications and tools for first aid. Medications should be kept in secure place.

18. The moment the beneficiary is accommodated in the shelter, shelter staff should collect information about the beneficiary’s health history, based on the information and recommendations offered by other partners:

a. Medical history; b. Actual conditions of beneficiary’s health; c. Other necessary information.

19. Each shelter should provide professional psychological/psychiatric services for the beneficiary. For beneficiary’s not residing in shelters, the local CSW will coordinate the provision of psychological and psychiatric services.

20. If a beneficiary is pregnant, special and necessary health care should be provided. When an abortion is requested:

a. If the beneficiary is a child, an abortion can be performed with the consent of the beneficiary and the parent/legal guardian. If the child beneficiary is

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accommodated in the shelter, consent should be asked from the case manager from CSW as well;

b. If the beneficiary is an adult, abortion can be preformed with the beneficiary’s written consent;

c. For all beneficiaries, abortion is preformed according to Kosovo law. 21. Documents and the report on a beneficiary’s health should be part of the personal

file of every beneficiary. The report on the status of the beneficiary related to HIV/AIDS and other sexually transmitted diseases should be kept confidential.

22. All health services for beneficiaries should be offered for free from the public medical service providers.

23. In emergency cases when the beneficiaries’ health is at risk, the shelter staff should contact emergency aid directly; for beneficiaries accommodated in a high-risk shelter, other Partners of Direct Assistance should be informed.

24. If a beneficiary is a drug addict, shelter staff in cooperation with experts should undertake all adequate measures to improve the condition of the beneficiary.


3. No medical examination should be done without the approval of the legal guardian/case manager from CSW (when beneficiary is child) and without the approval of the beneficiary herself/himself, except in the cases when the life of the beneficiary is at risk.

4. An abortion cannot be performed if conducting the procedure conflicts with the legal framework and before the beneficiary has consulted with the psychologist. Private clinics cannot perform an abortion for a beneficiary.


Forms of consent from the beneficiary or other responsible persons; Medical records when medical services were provided; When the program of medical services ends, all medical documents should be

handed over to the beneficiary. If the beneficiary is a child, these medical records will be handed over to the legal guardian.

INDICATORS:

Forms of the services provided to the beneficiary; Interviews with beneficiaries where they report on the services they have

received. 7. PSYCHO-SOCIAL SUPPORT STANDARD: Psycho-social support is fundamental to the beneficiary’s welfare and empowerment, and should be provided to the beneficiary in a continuous manner. CRITERIA:

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5. Identification of the beneficiary’s needs for psycho-social support should be done by adequate professionals appointed by the CSW and shelters (when a beneficiary is accommodated in the shelter).

6. Beneficiaries should be given the necessary psycho-social support, based on needs identified by professionals. This support is provided by the shelters (when the beneficiary is in shelter) or by CSW (for beneficiaries outside shelters).

7. The staff of CSW and shelters in cooperation with experts should set timeframes for the psycho-social treatment of each beneficiary.

8. All services provided to the beneficiary should be documented properly, in accordance with professional standards and legal norms in force.

WHAT WE SHOULD NOT DO: 2. Psycho-social services must not be provided and imposed against the will of the

beneficiary or against the will of the legal guardian, if the beneficiary is a child. FORMS AND DOCUMENTS

Beneficiary’s Care Plan – section for psycho-social treatment.

INDICATORS Interviews with beneficiaries related to the services they used; Report of professionals; Reports on progress of beneficiaries.

8. EDUCATION 8.1. Education STANDARD: Education is an individual right of every person, and, therefore, the right of the beneficiary (based on the Constitution of the Republic of Kosovo which guarantees every person the right to basic schooling without payment).

CRITERIA:

10. Each beneficiary and their children according to the laws of Ministry of Education, Science and Technology (MEST) are guaranteed access to education without payment, based on their age, interest, and potential.

11. For all beneficiaries and their children a plan for education should be prepared based on their identified needs. This plan should be prepared with the beneficiaries’ consent and agreed to by MEST, shelters, social workers from CSW, and the beneficiaries.

12. For beneficiaries and their children who have the opportunity to continue their regular schooling, arrangements should be made for them to do so.

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13. Beneficiaries and their children who have left formal schooling for one or more years, should be provided with the opportunity to attend non-formal classes based on different school subjects.

14. Beneficiaries and their children who are high-risk should be able to attend lessons inside the shelter. When the level of risk diminishes, they should have the opportunity to attend formal and informal classesxviii.

15. For beneficiaries and their children who are illiterate, participation in literacy programs should be made available.

16. Beneficiaries and their children should be provided relevant school material and uniforms from shelters (when beneficiaries are in the shelter) or from the CSW (when beneficiary in not in the shelter).

17. The progress of beneficiaries and their children in school should be monitored by the case managers inside and outside of the shelter, in order to identify difficulties that beneficiaries may encounter in school and undertake measures to prevent them.

18. When schooling is not possible, beneficiaries should be provided adequate basic educational and livelihood programs (see Standard 9).


3. No services should be provided without a prior agreement between case managers and beneficiaries.

4. All educational services must conform to relevant laws related to schooling and education.


Report on the evaluation of needs of the beneficiary for school and on available opportunities;

Beneficiary’s Care Plan – section on education; Agreement among different stakeholders.

INDICATORS:

Reports on the progress of the beneficiary in school as well as the progress of their education.

8.2. Skills for life STANDARD: Beneficiaries inside and outside of shelters should be offered and enabled services for improving essential life skills. CRITERIA:

7. Service providers should provide training and information related to:

xviii For the realization of this standard, an agreement should be signed between MEST, MLGA, MWSW and shelters on providing the services of ‘flying’ teachers in the shelters.

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a. Self-esteem and decision-making skills; b. Parental skills; c. Social skills; d. Existing institutions that can support beneficiaries; e. Hygiene; f. Physical and health personal care.

8. When the beneficiary is in a shelter, shelter staff is responsible for providing services on improving essential life skills.

9. When the beneficiary is outside a shelter, the case manager from the CSW should identify existing opportunities where the beneficiary can be referred for improving essential skills.

10. As appropriate, beneficiaries should be provided reliable information from health care professionals on reproductive health and sexually transmitted diseases.

11. If the beneficiary is in a shelter, the shelter is obliged to provide adequate professional services on educating beneficiaries on the risks of trafficking.

12. If the beneficiary is outside a shelter, adequate professional services educating beneficiaries on the risks of trafficking should be coordinated by the case manager from the CSWs and other service providers.


2. No one should obligate beneficiaries to participate in any activities or lectures against her/his will.


Evaluation reports on beneficiary’s basic knowledge and life skills. Beneficiary’s Care Plan – section on life skills

INDICATORS: Progress reports on beneficiaries’ basic knowledge and life skills.

9. VOCATIONAL TRAININGS/ COURSES 9.1. Professional development STANDARD: All beneficiaries should be provided with adequate trainings/courses that will help their professional development and will enable them to be employed and integrated into the community. CRITERIA:

4. Beneficiaries should be evaluated based on their capacities, needs, and interests with regard to their professional development and economic empowerment, in order to become fully integrated into the community. For beneficiaries in a

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shelter, this evaluation should be done by the shelter staff; for beneficiaries outside a shelter, this evaluation should be done by the case manager from CSW.

5. CSW (if the beneficiary is outside of shelters) and shelters themselves (if the beneficiary is in the shelter) are obliged to identify existing opportunitiesxix to involve beneficiaries in activities for his/her professional development and to enable these services, by identifying possible resources to enable necessary materials for trainings/courses.

6. After identifying existing opportunities, Case Managers should agree with service providers (of the professional trainings/courses) and refer beneficiaries to the identified service providers.

WHAT WE SHOULD NOT DO: 2. Involvement of the beneficiaries in vocational trainings/courses must not start

without consent from the beneficiary, and the legal guardian when the beneficiary is child (inside and outside of the shelter).


Beneficiary’s Care Plan – section on Vocational Training; Agreements with service providers of trainings/courses for vocational

development. INDICATORS:

Progress report 9.2. Economic independence STANDARD: Economic independence is a basic condition for full and sustainable reintegration. Based on their qualifications, beneficiaries will be offered opportunities in businesses or in civil service in order to create a favorable environment for successful employment. When appropriate, beneficiaries may be offered opportunities for self-employment, including assistance starting micro-enterprises. CRITERIA:

1. For each beneficiary, their Care Plan should address their economic independence, taking into consideration their abilities, skills, age, strengths and weaknesses. This plan should be prepared by the case managers in coordination with beneficiaries for beneficiaries residing inside and outside of shelters.

2. All involved parties must support beneficiaries to be employed or be self-employed in correspondence to their qualification. Support can include professional support or instruction and ensuring relevant documentation for

xix That would include centers for vocational training, employment institutions, different donors, private sector, public sector, local and central authorities

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integration and preparation of business plans in case possible donors are identified.

3. Service providers should take advantage of and refer beneficiaries to all available resources, both public and private, in their communities.


9. Plans for economic independence must not be implemented without the consent and approval of the beneficiaries.


Beneficiary’s Care Plan – section on economic independence; Agreements with service providers.

INDICATORS:

Market research; Progress Reports related to different fields for economic independence.

10. LEGAL SUPPORT STANDARD: Beneficiaries should be aware of their legal rights and should be provided with professional legal services to ensure they are able to benefit from their rights. CRITERIA:

1. The beneficiary should be provided a translator in his/her native language or a language that he/she understands well.xx

10. Each beneficiary has a right to legal support from competent institutions. 11. The beneficiary should be informed fully every time about not testifying and false

testimony in order to enable her/him to make a clear decision. 12. Beneficiaries must be offered special counseling sessions before, during, and after

the court trial. 13. Each beneficiary who agrees to testify against the traffickers in court must be

assisted through the entire process by a victim advocate. 14. When the beneficiary is a child, during the court trial, both the victim advocate

and case manager from the CSW should be present. 15. Beneficiaries should be assisted in getting financial compensation for lost wages

as well as harm suffered while trafficked. 16. Beneficiaries should be provided with legal counseling and services for other

legal concerns they may have which are unrelated to the criminal proceedings against their traffickers (i.e. child custody, divorce, etc.).


xx There may be no available translators for certain languages, and at this case the communication with the beneficiary must be done in the second language that the he/she understands.

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1. Beneficiary must never be asked to give a statement to the police before being informed of their rights by a victim advocate.


Police reports; Reports on court sessions; Decisions of the court; Beneficiary’s Care Plan – section on legal assistance.

INDICATORS:

Number of cases that benefited from the support and representation in courts. 11. COMPLAINT PROCEDURES STANDARD: Beneficiaries must be informed and advised of their rights, and service providers are responsible to ensure the protection of beneficiaries’ rights. CRITERIA:

12. Beneficiaries must be informed of procedures for making a complaint against their service providers, if necessary.

13. Every verbal or written complaint must be sent directly to the service provider or anonymously through the complaint box. The complaint box has to be opened once a week, in the presence of two persons who are responsible for considering the complaint.

14. Complaints about the shelter should be treated by the shelter management. For complaints on legislative, procedural, security and other aspects related to service providers outside of the shelter, the beneficiary should be given the opportunity to express their complaints towards the appropriate institutions.

15. Beneficiaries should be given necessary tools for documenting complaints (paper, envelope, postal stamps, pen).

16. Every complaint from beneficiaries of the services, no matter if it is verbal or written, should be recorded and its resolution documented.

17. All complaints should get a written answer and one copy of the answer should be put in the register of complaints. The answers also should be communicated to the beneficiaries verbally.

18. Beneficiaries should have the right to complain about any aspect of their case management.

19. The right of beneficiaries to voice complaints should be respected according to the relevant legal timeframes and special measures should be undertaken on each complaint individually.

20. The procedure for lodging complaints should be confidential and relevant information should be shared only with stakeholders involved in those procedures.

21. If beneficiaries do not feel comfortable enough to address a complaint to the responsible employees of the shelter, the complaint should be addressed to the Case Manager of CSW and other stakeholders.

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22. If the beneficiary does not feel comfortable to address the complaint to the Case Manager, the complaint should be addressed to the directorate, and so on.


3. If complaints are mailed, the shelter management does not have the right to check their content. Shelter staff is only allowed to check if the letter is addressed to the right address.

4. Complaints must not influence at all the level of care provided to beneficiaries.

FORMS AND DOCUMENTS: Letter of complaints; Complaints registers; Written responses to complaints.

INDICATORS:

Number of complaints received; Interviews with beneficiaries about their understanding of and satisfaction with

the complaints procedures. 12. Beneficiary Files STANDARD: Each beneficiary must have a beneficiary file, since it is very important to collect information on every case and use this information for their treatment. CRITERIA:

6. Every beneficiary must have an individual beneficiary file. Files should be divided in different sections.

7. Beneficiaries must be informed about the existence of their files and should be given access to those files. Child beneficiaries have the right of access to their files after the age of 18.

8. The beneficiary file including beneficiary’s general information and Care Plan can be shared with service providers involved in her/his assistance to update and incorporate any other additional relevant information.

9. Every piece of information considered risky for the beneficiaries and the service providers’ staff should be kept separately, with limited access.

10. Files should be kept in locked metal cabinets. WHAT WE SHOULD NOT DO:

3. Reports of the beneficiaries must not include prejudgment by shelter staff and case managers. It is very important not to use language that is offensive to the beneficiaries or that put the beneficiaries in danger.

4. Reports and beneficiaries’ files must not be kept in places that are open and that are accessible to other persons who are not responsible for the case.


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Each file contains reports with exact information, dated and signed by the person who completes the report.

When beneficiaries are accommodated in the shelter, documentation is handed in to the beneficiary the moment they go out of the shelter. For child beneficiaries, this documentation should be handed to the case managers.

INDICATORS:

Existence of individual files; Beneficiary’s files contain all of the documents outlined in these standards,

including: o Arrival form including rules and regulations of the shelter, signed by

beneficiary (and guardian in the case of a child); o Risk assessment; o Individual Care Plan, signed by beneficiary (and guardian in the case of a

child); o Medical Records; o Progress reports from service providers and direct assistance partners; o Reports from school and teachers for child beneficiaries; o Documents and paperwork related to the beneficiary’s legal cases; o Documentation of any of the beneficiary’s complaints and how complaints

were resolved; o Shelter departure form, signed by beneficiary (and guardian in the case of

a child).

13. FOLLOW-UP STANDARD: The process of case follow-up should ensure that beneficiaries’ long-term needs are fulfilled CRITERIA:

1. Follow up includes: a) Protection from re-trafficking; b) Protection from stigmatization and discrimination; c) Protection from any exploitation; d) Re-establishment of the right for nationality; and e) Re-establishment of the parental right and ownership right.

2. Case managers and responsible officers (VA and CSW) in agreement with shelter staff will arrange regular visits for one year.

3. The relationship of the beneficiary with family should be monitored, and case managers should ensure that the beneficiary is being treated with dignity by the family and the others.

4. The responsible professionals should identify any difficulties the beneficiary faces and draft a plan for assistance based on the needs.

5. If the beneficiaries are not Kosovar, the follow-up process should continue until her/his repatriation and the responsibility for follow-up from the moment of

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her/his repatriation should be handed over to the place of origin, as described in the SOP.

6. Every follow-up visit to a beneficiary should be recorded in special forms, including information about difficulties faced and actions taken.


3. We must not break contact with beneficiaries for a specific period of time in order to see how their re-integration is going.

4. Any follow-up process should be done without the beneficiary’s consent. FORMS AND DOCUMENTS:

Beneficiary visits records; Reports about case follow-up visits.

INDICATORS:

Number of beneficiaries fully integrated in normal life.