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Review of Shelter Services in Jordan & Shelter Management Training

Desk Review Report

Report prepared for:

International Labour Organisation Protecting Migrant Workers’ Rights- Jordan

Report prepared by:

Laura Vidal Consultant to the International Labour Organisation-Jordan

15 April 2014

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Table of Contents

Page

Key considerations- Minimum Shelter Standards 3

Summary of International Standards 4

- Office of the High Commission for Human Rights: Recommended Principles & Guidelines on Human Trafficking & Human Rights

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- United Nations Office on Drugs & Crime: Toolkit to Combat Trafficking in Persons

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- International Organisation of Migration: Direct Assistance for Victims of Trafficking

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Region Country Examples 7

- Best Practice Examples: Egypt, Oman & Qatar 10

Attachment 1: Shelter Assessment Tool 14

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Review of Shelter Services in Jordan & Shelter Management Training

Desk Review of Shelter Models in the Region

This report explores existing international standards for the establishment and

running of shelters for trafficked persons. It also highlights examples in the

Arab States that can be learned from. The report covers key documents that

benchmark standards, country examples and an Assessment Tool for part 2

of the project: Shelter Assessment.

1. Key Considerations— Minimum Shelter Standards

A. Critical to the protection of trafficked persons is the provision of safe

and secure refuge. The UNODC suggest that lack of a safe and secure

refuge often results in victims returning to their abusers after an initial

escape because of the fear of violence and the intimidation they are

subjected to.1

B. Shelters should be established in a way that allows for holistic care to

be provided, which includes partnership with the government, inter-

government agencies and non-government organisations

C. Shelters should be established in a way that allow residents to live

autonomously, safely and confidentially

D. Comprehensive services by way of ‘Case Management’ should be

offered to residents of the shelter. Including at a minimum basic health

care, counselling and legal advice. Rights and responsibilities of both

shelter staff and residents is to be clearly known and understood

1 United Nations Office on Drugs and Crime, Toolkit to Combat Trafficking in Persons, ‘Tool 8.8 Shelter Programmes’ Sourced: http://www.unodc.org/documents/human-trafficking/Toolkit-files/08-58296_tool_8-8.pdf- p.403

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E. Services offered should not be directly linked to willingness or capacity

to participate in a legal proceeding against their trafficker

F. Provision should be made for reintegration into the community or

assisted voluntary return 2. Summary of International Standards

A. Office of the High Commissioner for Human Rights. Recommended Principles and Guidelines on Human Trafficking and Human Rights (2002)

The principles and guidelines set out a range of recommendations for whole

of government approaches to the prevention, prosecution and protection of

victims of human trafficking. With specific reference to shelters, Guideline 6 is

most relevant- “Protection and Support for Trafficked Persons…appropriate

protection and support should be extended to all trafficked persons without

discrimination”2 Under these guidelines key aspects of particular importance

include:

“States and where applicable, intergovernmental and non-governmental

organisations should consider:

! Ensuring in cooperation with non-government organisations that safe

and adequate shelter that meets the needs of trafficked persons is

made available. The provision of such shelter should not be made

contingent on the willingness of victims to give evidence in criminal

proceedings;

! Ensuring that in partnership with non-government organisations that

persons are given access to primary health care and counselling;

! Providing trafficked persons with legal and other assistance in relation

to any criminal, civil or other actions against traffickers/exploiters.”

2 United Nations High Commissioner for Human Rights, Recommended Principles and Guidelines on Human Trafficking and Human Rights, Addendum to UNHCR Report to Economic & Social Council [E/2002/68/Add.1] Sourced: http://www.ohchr.org/Documents/Publications/Traffickingen.pdf

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B. United Nations Office on Drugs and Crime: Toolkit to Combat Trafficking in Persons (2006)

The United Nations Office on Drugs and Crime (UNODC) is the United

Nations body charged with looking at international legislation and policy on

addressing the crime of human trafficking3. As part of their work they have

developed a toolkit which suggests minimum standards for countries to adopt

in the prevention, prosecution and protection of trafficking in persons.

Tool 8.84 of the toolkit outlines specifically the provisions that should be made

for shelter programmes providing services to victims of human trafficking. The

toolkit is not designed to be prescriptive but makes key recommendations for

basic considerations in providing victims with safe shelter.

Recommendations include:

! Confidential shelter with high security standards while

respecting the right to privacy and autonomy

! Immediate, safe and short term shelter, including basic medical

attention, short-term counselling, legal information, emergency

financial assistance and access to information

! Safe housing and shelter should be flexible to adapt to different

target groups (men, women, children) and individual victims of

3 United Nations Office on Drugs and Crime: As the only United Nations entity focusing on the criminal justice element of these crimes, the work that UNODC does to combat human trafficking and the smuggling of migrants is underpinned by the United Nations Convention on Transnational Organized Crime and its protocols on trafficking in persons and migrant smuggling. http://www.unodc.org/unodc/human-trafficking/index.html?ref=menuside 4 UNODC Tool 8.8 ‘Shelter Programmes’ This tool reviews some basic considerations that must be kept in mind in providing victims with safe shelter, Source: http://www.unodc.org/documents/human-trafficking/Toolkit-files/08-58296_tool_8-8.pdf, p. 403-406

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trafficking with individual needs

! Housing provided is matched to comprehensive and focused

programmes of assistance, with the type of shelter matching the

stage of recovery and the needs of individual victims of

trafficking

C. International Organisation of Migration Handbook on Direct Assistance for Victims of Trafficking (2007)

The International Organisation of Migration (IOM) Handbook5 provides more

prescriptive guidance on the establishment of shelters for trafficked persons,

and consequent ongoing management of such shelters.

The IOM states that a ‘Shelter may take many forms and are dependent on

many factors, such as: availability of funding, security concerns, availability of

services, capacity and demand for shelter, etc. As a result, shelters may

house few or many persons, they may be in temporary locations, and they

may be situated in a variety of locations…Shelters may be specialised for

trafficked persons only or may house other persons in need of similar

assistance, such as victims of other crimes’6

It is recommended that should steps be made to develop shelter models

within the Jordanian context, that the IOM handbook is used as a guide and

that benchmarked standards outlined in the handbook are referred to.

The minimum standards outlined in the shelter guidelines have been used to

formulate the Shelter Assessment Tool (Attachment 1)

5 International Organisation of Migration Direct Assistance for Victims of Trafficking Handbook (2007), Chapter 4: ‘Shelter Guidelines’ Source: http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/published_docs/books/CT%20handbook.pdf 6 International Organisation of Migration Direct Assistance for Victims of Trafficking Handbook (2007), Chapter 4: ‘Shelter Guidelines’ p.111-112

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3. Region Country Examples A desktop assessment of shelter models was completed on countries in close

proximity to Jordan, including:

! Bahrain

! Egypt

! Iran

! Iraq

! Kuwait

! Jordan

! Lebanon

! Oman

! Qatar

! Saudi Arabia

! Syria

! United Arab Emirates

! Yemen

The purpose of this assessment is to identify best practice shelter models, or

models for protection of trafficked persons in the Arab States. In particular it

aims to highlight minimum standards that can be looked at within the

Jordanian context.

The primary document used in the initial assessment was the United States

Trafficking in Persons Report 20137

7 United States Trafficking in Persons Report, US State Department, 2013 “The Trafficking in Persons (TIP) Report is the U.S. Government’s principal diplomatic tool to engage foreign governments on human trafficking. It is also the world’s most comprehensive resource of governmental anti-human trafficking efforts and reflects the U.S. Government’s commitment to global leadership on this key human rights and law enforcement issue. It represents an updated, global look at the nature and scope of trafficking in persons and the broad range of government actions to confront and eliminate it…. In the TIP Report, the Department of State places each country onto one of three tiers based on the extent of their governments’ efforts to comply with the “minimum standards for the elimination of trafficking” found in Section 108 of the TVPA.” Source: http://www.state.gov/j/tip/rls/tiprpt/

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Overwhelmingly most countries in the region are ranked as Tier 2 or Tier 3

countries in the US State Department Trafficking in Persons (TIP) report8. Tier

2 or Tier 3 countries indicate non-compliance with minimum standards in

relation to trafficked persons and therefore have mixed demonstrations of best

practice with respect to shelter services for trafficked persons.

The TIP Report (2013) in their annual assessment of countries has noted the

following regarding countries in the region:

! Bahrain (Tier 2 Watch List) demonstrated minimal progress in improving

protection for trafficked persons. The Government funded a 120-bed NGO-

run domestic violence shelter, which began to offer services to female

victims of trafficking and their children. A majority of trafficking victims

continued to seek shelter at their embassies.

! Egypt (Tier 2) operates a joint IOM-NCCM (International Organisation of

Migration & National Council for Childhood and Motherhood) shelter for

females and children. The shelter receives in-kind support from the

government. It is reported to provide medical, psychological, legal,

vocational and repatriation assistance for 12 people for up to 6 months.9

! Iran (Tier 3) there was no known demonstration of victims services

provided in Iran during the reporting period.

! Iraq (Tier 2) there is some indication that there have been efforts to source

both temporary and permanent shelter for victims of trafficking and there

have been shelter guidelines drafted alongside the National Victim

8 Tier 2 Countries whose governments do not fully comply with the TVPA’s minimum standards but are making significant efforts to bring themselves into compliance with those standards. Tier 3 Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so. Source: http://www.state.gov/j/tip/rls/tiprpt/2011/164221.htm 9 Bosla-Egypt, ‘Victims of Human Trafficking’ (2013) Source: http://bosla-egypt.info/en/issues/victims-of-human-trafficking#toc2

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Referral Mechanism. These documents were not finalised during the

reporting period and are not available to the public for review.

! Kuwait (Tier 3) made inadequate efforts to protect victims of trafficking.

The Minister of Social Affairs and Labour continues to operate a short-term

shelter for runaway domestic workers, however it detained victims

involuntarily. Many domestic workers continued to seek shelter in their

embassies.

! Jordan (Tier 2) demonstrated the presence of a donor funded shelter

services, and a local NGO operated shelter. Jordan however continues to

lack adequate shelter services for male and female victims of trafficking.

Shelters run by foreign embassies continue to fill with female domestic

workers who fled abusive employers. In 2012, the government approved

by laws to allow the establishment of a dedicated shelter, however during

the reporting period no steps had been made to commence this process.

! Lebanon (Tier 2- watch list) there is a presence of a non-government Safe

House but there is no specific provisions or funding made for the shelter of

trafficking victims.

! Oman (Tier 2) The Royal Oman Police continued to operate a fund a

permanent shelter that could accommodation up to 50 men, women and

children who are victims of forced labour and sex trafficking. It was

however reported that victims could not leave the shelter unchaperoned.

The shelter offered social, psychological, legal and medical services at no

cost to victims. Due to the strict entry requirements, most victims

continued to seek shelter in their embassies.

! Saudi Arabia (Tier 3) demonstrates some evidence of providing shelter for

trafficking victims. Victims seek refuge in their embassies, and the

government has operated a refuge for ‘female runaway domestic workers’

where a Social Worker attends monthly or on an as needs basis. It has

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been reported that those residing in this refuge experience restrictions on

their movement as a condition of stay.

! Syria (Tier 3) there was no known demonstration of victims services

provided in Syria during the reporting period.

! Qatar (Tier 2) the Qatar Foundation for Combatting Trafficking continued

to operate a trafficking shelter for women and children. The shelter

provided access to medical and psycho-social care, social services,

rehabilitation, reintegration programs, repatriation assistance and legal aid.

Residents had the right to leave the shelter without supervision and victims

were able to access the shelter even if their employers had filed charges

against them. The Shelter also provided long term housing during judicial

hearings and the residents could earn income through the shelters

rehabilitation centre.

! United Arab Emirates (Tier 2) there was no known demonstration of

victims services provided in the United Arab Emirates during the reporting

period.

! Yemen (Tier 3) there was no known demonstration of victims services

provided in Yemen during the reporting period.

Best Practice Examples According to the available information there are 3 examples within the region

that show promising signs of best practice in relation to shelter services for

trafficked persons. Whilst these countries are not Tier 1 countries according to

the US State Department, the ranking is a holistic ranking on all elements of

countries efforts (Prevention, Prosecution & Protection) This assessment is

looking specifically at protection, and the best practice examples have been

selected based on their compliance with shelter standards suggested by the

IOM and UNODC.

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Examples are detailed below, and compared against international standards

in Table 1.1

Egypt

The National Council for Childhood and Motherhood and the International

Organisation of Migration work together to facilitate a shelter for women and

girls who are victims of trafficking. It is noted that the shelter provides secure,

transitional accommodation as well as medical assistance, counselling and

legal aid, while being supported to access longer-term solutions10

In addition, the shelter has partnered with the Ministry of Health to launch the

Trafficking Victims Support Unit at the National Bank hospital to provide

medical and psychological treatment for victims of trafficking.

The coordinated approach that has been adopted in Egypt is compliant with

international recommendations for shelter care, furthermore the services

provided by the shelter also meet the recommendations.

Oman

The Royal Oman Police operate a shelter for victims of trafficking, which

positively offer social, psychological, legal and medical assistance to victims,

which satisfy the international recommendations for the provision of shelter

services. The shelter has been criticised for its strict entry criteria, which

makes it hard to access, rendering many people seeking shelter in their

embassies. It has also been reported that residents of the shelter cannot

leave unchaperoned, which does not satisfy international shelter standards.

Detailed information about the delivery of shelter services was not available in

order to make a comprehensive analysis, however what is known

demonstrates some compliance with international shelter standards.

Qatar

10 Source: http://www.egypt.iom.int/Doc/Counter%20Trafficking%20Fact%20Sheet%20Egypt%20(2012).pdf

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The Qatar Foundation to Combat Human Trafficking offers a shelter services

that reports providing comprehensive services to victims of trafficking. Notably

the service provides care that meets the minimum standards highlighted by

the IOM and the UNODC.

In particular the shelter service provides11:

! Provision of accommodation services such as safe shelter, food and

clothing

! Health care through preliminary medical check-ups provided by

specialised medical practitioners and nursing teams

! Counselling with specialised psychiatrists

! Legal Aid including liaison with departments in the states, referral

bodies and lawyers

! Providing services of rehabilitation and reintegration

! Facilitating access to education for children

! Providing recreation opportunities

! Providing employment opportunities

! Securing safe return to home countries in a coordinated manner

The Qatar Foundation to Combat Human Trafficking also demonstrates a

holistic approach to providing victim services by engaging in systematic

advocacy, and community capacity building including training.

Table 1.1

Shelter Demonstration UN Guidelines

(UNODC & OHCHR)

IOM Guidelines

Of the best practice examples listed above, the shelters are all dedicated to victims of trafficking specifically. An example noted in the region who operate in this way is Bahrain, however other information available about this centre indicates non-compliance with other international standards.

Safe housing and shelter should be flexible to adapt to different target groups and individual victims of trafficking with individual needs (UNODC)

Shelters may be specialised for trafficked persons only or may house other persons in need of similar assistance

11 Source: http://www.qfcht.org/services_en.aspx

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There is not enough information available in this assessment to determine whether or not the government provides funding for the operation of the shelters that have been profiled.

Specialist non-governmental organisations provide the expertise and operational management, with funding from governments (UNODC)

A Memorandum of understanding could be established with the government for the management and running of the shelter.

Oman: Gap in the provision of shelter services, whereby residents of the shelter are unable to leave the shelter unchaperoned. Further, entry criteria is very restricted, and assumed to be related to the participation in criminal proceedings given it is facilitated by the police. Egypt: Residents can come and go as they wish from the shelter.

The provision of shelter should not be made contingent on the willingness of the victims to give evidence in criminal proceedings (OHCHR)

Fundamental Principle 4: p.113—Participation in assistance programmes will be on a voluntary basis only, at the free and informed will of the victim

Egypt: Partnership made with the national hospital to provide physical and mental health services Egypt, Qatar and Oman shelters are all noted to be providing counselling, medical care, psychological care, psychiatric care and repatriation/reintegration services. Oman: demonstrates longer-term accommodation, which assists with reintegration. It also provides options for employment in the reintegration centre.

The critical aspect of shelter programmes is the housing provided is matched to comprehensive and focused programmes of assistance (UNODC) Ensuring that in partnership with non-government organisation that trafficked persons are given access to primary health care and counselling… Providing trafficked persons with legal and other assistance in relation to any criminal, civil or other actions against traffickers/exploiters (OHCHR)

Shelter services and assistances should include:

! Counselling ! Medical Care ! Psychological Care ! Psychiatric Care ! Legal Assistance ! Additional

reintegration services

Egypt: NGO and IOM partnership to operate trafficking shelter Qatar: Coordinated case management & repatriation options are offered

Holistic approach is required in providing meaningful assistance to victims—comprehensive and integrated services. Detailed further in Tool 8.10 of the

Fundamental Principle 1: p.113—Contribute to the protection and assistance of trafficking victims through effective cooperation between

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UNODC Guidelines12. relevant partners

12UNODC Tool 8.10 ‘Promising Examples of Integrated Services’, “This tool showcases some examples of comprehensive and integrated services for victims. Assistance measures which are not part of a comprehensive package of responses will not break the trafficking cycle effectively. The sustainable reintegration of a person who has been trafficked requires a holistic approach to meeting their wide range of needs” Source: http://www.unodc.org/documents/human-trafficking/Toolkit-files/08-58296_tool_8-10.pdf,

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ATTACHMENT ONE- Shelter Assessment Tool Assessment tool adapted from: IOM Handbook: Direct Assistance for Victims of Trafficking (2007) Chapter 4: Shelter Guidelines

Observation Checklist

Guideline Yes No Comment Establishment of the Shelter: Shelter Aims Adequate, safe & secure temporary living environment

Adequate, safe and secure working environment for staff

Location of the shelter is confidential

Stabilisation of victim to prevent further harm and enable max. recovery

Well-trained staff working in a collaborative, inter-disciplinary manner to provide a comprehensive continuum of care for victims

Quality protection and assistance to victims based on individuals case service plans

Operate effectively and efficiently within counter-trafficking victims assistance and protection frameworks in various countries and regions

Provision of services is not linked to legal proceedings

Premises and Layout of Shelter Shelter is clean, safe and comfortable

Facilities and furnishings are in good repair and in compliance with health, fire, electricity and building codes (local)

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24 hour service

Residents can come and go voluntarily

Kitchen & dining area, functional & sanitary

Group living area

Bathroom facilities, functional & sanitary

Sleeping facilities. Residents have their own bed, clean bed linen& a place to store personal belongs

Private counselling/casework room

Office for shelter staff

Medical examination room

Laundry & washing facilities

Recreation area

Storage space

Maximum shelter capacity is not exceeded (i.e.: residents are not overcrowded)

Shelter hours and admission policy is in place & referring sources are aware

Security: - Is there a risk

assessment framework in place?

- What provisions are in place for residents & staff

Are there emergency procedures in place?

- Breach of security where residents are in danger?

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- Risk of suicide - Risk of physical harm to

others? Shelter Services Is information available to residents in a language they understand?

Are residents provided with a basic material package when they arrive?

Are residents offered medical care?

Are residents offered counselling/psychological care?

Are residents offered legal information?

Are there any options for recreation?

Case service plan/case management framework in place?

Record Management: - Are there procedures in

place about what information is collected, how the information is used, and where the information is stored?

Are residents offered assistance when they leave the shelter? If yes, comment.

Shelter Management & Staffing Shelter manager in place

Direct counsellor/psychological staff in place

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Supervision & general care of residents staff in place

Financial oversight & procurement staff in place

Shelter Staff Management & Training Staff are trained & receive ongoing training

Staff Code of Conduct

Staff roster or schedule is in Place

Staff supervision is in place

Shelter for Minors Note- for shelters catering to minors a more comprehensive assessment should be undertaken. Children are in safe accommodation with their own place to sleep

Children provided accommodation appropriate for their age

Housed with other children of their own age and gender

Family members are housed together (if safe and appropriate)

Necessary authority to house minor has been received

Services are provided for children to assist with their development and reintegration?

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Assessment Interview Prompt Questions

1. How are people referred to you? How do they find you?

2. What do you understand your role to be in supporting people who arrive? In particular how to respond to people who disclose abuse?

3. Do you work with other organisations or partners in the work you are doing? (Government or Non-Government)

4. What information is collected about the person? How and why is it collected? What is done with the information?

5. What are the main issues faced by people who come to you?

6. What services are offered or provided whilst the person is with you?

7. What resources are available to you to assist people? E.g. financial assistance, meal allowances, material assistance (clothes) etc.?

8. What are the goals of the shelter?

9. Is information collected about the goals and plans of the individual accommodated, if so, what can be done to assist in achieving these goals?

10. What is the assistance that people are seeking when they leave their situation? E.g. do they want to return home? Do they want to seek legal redress?

a. If people wish to return what is done to assist with this? Are there plans in place to manage safety?

b. Are there avenues or pathways for legal redress?

11. Are there services available to assist with people’s mental and physical wellbeing?

a. Basic medical attention? b. Short term counselling? c.

12. What is the role of law enforcement? a. Is legal information provided to people, how is it provided?