Temporary Residence Permits: Ethical Conflict or Synergy? - PowerPoint PPT Presentation

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Temporary Residence Permits: Ethical Conflict or Synergy?

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Ethical Conflict or Synergy? Center for Ethics & Value Inquiry ... Labour issue Human Rights approach Human Rights and THB discourse T causes HR violations, ... – PowerPoint PPT presentation

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Title: 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
  1. T causes HR violations, hence states must fight T
  2. Policing and investigative mechanisms must be in
    line with HR(recognition as victim)
  3. 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
CEVI - ESF
  • 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
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