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FMR 64 Trafficking and smuggling 49

June 2020 www.fmreview.org/issue64

resources available to local NGOs have not they deem to be the absolute minimum.
increased accordingly. As a result, local In many instances, their place is taken by
NGOs lack capacity to adequately assist organisations that focus on profit and do
all those who are referred to them. 4 not necessarily place human dignity first.
The conditions in the collective reception
The Salvini Decree and reception centres have a negative effect on trafficking
conditions survivors. NGOs observe that individuals
With the coming into force of the Salvini frequently leave the reception centres at
Decree in October 2018, which amended night to engage in prostitution. Due to
several articles of Italian migration law, the lack of supervision, trafficking and
the situation for victims of trafficking re-trafficking may take place, and cases
has deteriorated even further. As well as of sexual abuse including rape inside
abolishing humanitarian protection status the centres have also been reported.
(which had been used to a considerable extent Asylum seekers also lose their right
for asylum seekers who did not meet the to accommodation if they are absent from
criteria to receive international protection), the centre for more than 72 hours – and it
vulnerable asylum seekers – including is extremely difficult and time-consuming
those who have been trafficked – can no to regain the right to accommodation once
longer access reception centres which offer revoked by the prefecture. Those who
individual reception programmes. These are are returned to Italy under the Dublin III
now reserved for people with international Regulation – which includes vulnerable
protection status or unaccompanied asylum seekers – are likely to have lost the
asylum-seeking children; those who do right to all material reception conditions
not fall into these categories are now only because they were previously accommodated
entitled to access larger, collective centres. in Italy before moving on to another European
Concurrently, the financial contribution country. This is contrary to case law of the
of the State towards those accommodated in Court of Justice of the European Union. 5
these collective reception centres was reduced
from around €35 to just €18 per day. This Dublin transfers
has led to a fall in the level of qualifications Even though the Dublin III Regulation
and experience of centre personnel and does not explicitly prohibit the transfer
changed the ratio of asylum seekers to of vulnerable asylum seekers, States are
employees from ten-to-one to fifty-to-one. bound by human rights law as well as the
Centres with a capacity of less than 150 are provisions of the Regulation. Under the terms
not expected to have staff on duty through of the Council of Europe’s anti-trafficking
the night. Numbers of professional staff Convention, those who have been trafficked
such as cultural mediators, social assistants should be given a recovery and reflection
and medical staff have been drastically period of 30 days, during which time they
reduced, and psychological support removed can remain in the territory of the State Party.
entirely. Qualified personnel are unable In light of the provisions of the Dublin III
to spend more than a few minutes with Regulation, this temporary residence might
each asylum seeker per week. The lack of in itself be sufficient grounds for transferring
personal contact and time does not allow responsibility for assessing these asylum
for the building of a relationship of trust, applications to the State that is providing
nor does it give personnel the necessary this recovery and reflection period.
time to identify residents’ vulnerabilities After the recovery and reflection period
and take appropriate measures. These has passed, if the State decides nonetheless
changes have led to an unwillingness on that another State is responsible for assessing
the part of some charitable organisations the claim, it has to inform that State, which
to continue administering these centres, as must explicitly agree to take responsibility
they cannot offer the level of service that for the individual and also explicitly declare