ENGLISH
Do you experience exploitation?
Do you feel exploited in connection with prostitution, labour, crime or something else?
ROSA works for and supports people who are exploited and subjected to human trafficking, and ROSA adheres to the definition of human trafficking as it appears in the Norwegian Penal Code. Human trafficking may sound foreign to many, but it is about exploitation that has aspects of violence and abuse in it. ROSA often uses three components to understand human trafficking:
Recruitment • Transport • Transmission • Housing • Reception of people
Violence • Threats • Abuse of a vulnerable situation – Minors are by definition in a vulnerable situation • Inappropriate behaviour
Exploitation in prostitution / sexual purposes • Forced labour / service • Forced criminality • Military service • Removal of organs
Human trafficking in the Norwegian Penal Code:
Section 257. Human trafficking
Any person who by violence, threats, taking advantage of a vulnerable situation or other improper conduct forces, exploits or deceives another person into/for
a. prostitution or other sexual services,
b. labour or services, including begging,
c. active military service in a foreign country, or
d. consenting to the removal of one of the person’s internal organs,
shall be punished for human trafficking with imprisonment for a term not exceeding six years.
The same penalty shall be applied to any person who
a. facilitates such force, exploitation or deception as specified in the first paragraph by procuring, transporting or receiving the person,
b. otherwise contributes to the force, exploitation or deception, or
c. provides payment or any other advantage to obtain consent for such a course of action from a person who has authority over the aggrieved person, or who receives such payment or advantage.
Any person who commits an act as specified in the first or second paragraph against a person who is under 18 years of age shall be subject to punishment regardless of whether the act involved violence, threats, taking advantage of a vulnerable situation or other improper conduct. Any person who was ignorant of the fact that the aggrieved person was under 18 years of age shall be subject to a penalty if he/she may be held to blame in any way for such ignorance.
Section 258. Aggravated human trafficking
Aggravated human trafficking is punishable by imprisonment for a term not exceeding 10 years. In determining whether the violation is aggravated, particular weight shall be given to whether the person subjected to the act was under 18 years of age, whether severe violence or force was used and whether the act generated significant proceeds. Any person who was ignorant of the fact that the aggrieved person was under 18 years of age shall be punished if he/she may be held to blame in any way for such ignorance.
Rights – victims of human trafficking
Individuals identified as possible victims of human trafficking are entitled to assistance for physical, psychological and social recovery.
- Everyone who has been identified as a possible victim of human trafficking is entitled to information about their rights and the assistance available, in a language they understand.
- They should not be deported or required to leave Norway until it has been determined whether they have been exploited in human trafficking.
- All potential victims have the right to a minimum of three hours of legal assistance to assess an application for a reflection period and/or reporting to the police.
- Everyone, including those staying in Norway illegally, has the right to immediate health care, health care related to pregnancy, infection control and «necessary health care that cannot wait».
- All children, irrespective of their residence status, are entitled to primary education and healthcare services on an equal footing with the country’s inhabitants.
- The Child Welfare Act applies to all children residing in Norway.
Residence status
Victims of human trafficking can apply for a reflection period or a limited residence permit for victims of human trafficking, or they can apply for protection (asylum). If they do not fulfil the conditions for protection, it is assessed whether they can be granted a residence permit for witnesses in human trafficking cases, or residence on the basis of strong human considerations or special connection to the country. Most residence permits are temporary, but after a longer continuous period and under certain conditions, they can form the basis for applying for a permanent residence permit.
ROSA supports victims of human trafficking with residence status, and can assist both in relation to applying for reflection and asylum. ROSA will coordinate free legal assistance to victims in the application process.
The reflection period (section 8-3 first paragraph of the Immigration Regulations) is a six-month residence and work permit. The purpose is to help victims to break away from the environment behind human trafficking and to facilitate the prosecution of the traffickers.
Limited residence permits for victims of human trafficking (section 8-3 second paragraph of the Immigration Regulations) are temporary residence and work permits that can be granted for up to 12 months, with the possibility of renewal. The purpose is to facilitate the prosecution of traffickers.
Protection/asylum: During the processing of the asylum application, it must be assessed whether the person risks persecution or being subjected to inhumane treatment upon return to their home country (Section 28 of the Immigration Act). Factors that are assessed include the risk of re-trafficking (being subjected to human trafficking again), reactions as a result of unpaid debts to traffickers or due to cooperation with the police, as well as stigmatisation and social exclusion. It is therefore important that the UDI has information about the human trafficking situation. This can be done by following up on this in the asylum interview or any additional interview, or by the UDI gaining access to documentation from other agencies that have identified and followed up on the person as a presumed victim of human trafficking.
Housing
People who have been granted a reflection period are entitled to services under the Social Services Act in the same way as the general population. This includes safe accommodation in the form of a shelter, institution or apartment under the auspices of the municipality where the person is staying. NAV can also offer temporary accommodation in a guest house, hotel, etc. while waiting for a more permanent housing solution. ROSA offers housing at shelters throughout Norway or specialised accommodation for victims of human trafficking in Oslo.
People who have applied for protection (asylum) are entitled to a place in an asylum centre. Asylum centres are voluntary accommodation facilities for asylum seekers, where they can stay while their asylum application is being processed and until they are settled in a municipality (after being granted a residence permit), or leave the country (if their application is rejected). ROSA is an approved reception centre for asylum seekers, and victims of human trafficking seeking protection (asylum) can stay under the auspices of ROSA.
Legal assistance
Potential victims of human trafficking are entitled to free legal counselling to assess their situation and receive advice regarding, among other things, an application for a reflection period and possible reporting to the police. If the case is reported to the police, the victim is entitled to free legal assistance throughout the process. The assistance lawyer will then look after the victim’s interests during the investigation and during any criminal proceedings.
ROSA coordinates legal assistance for potential victims of human trafficking throughout Norway.
Social services
ROSA offers «emergency money» for living expenses in the first phase of identifying victims of human trafficking who live under the auspices of ROSA. Emergency money is usually paid until the victim is registered with NAV and receives subsistence from there. ROSA reports the case to NAV to ensure access to social services.
The size of the subsistence allowance paid by NAV depends on where you live and what is offered at your place of residence. NAV will provide individual follow-up, and ROSA supports vulnerable people through this process.
People who have applied for protection (asylum) receive basic benefits from the UDI, through ROSA or asylum centres, and can also apply for other benefits based on need. ROSA and shelters will assist vulnerable people through these processes.
Interpreter
ROSA uses an interpreter for all conversations where necessary and has good connections and agreements with interpreters who can be available at short notice. Language barriers are not a concern – get in touch regardless of language.
Work permit
People who have been granted a reflection period or other types of residence permits are allowed to work in Norway.
A granted reflection period entitles you to work in Norway, and you can therefore enter into an employment contract with a potential employer. You can also apply to NAV for labour-oriented measures. NAV has the opportunity to grant this after an individual assessment. Labour-oriented measures may, for example, consist of job search courses or various vocational training courses.
Asylum seekers are not entitled to a work permit, but the UDI can grant this on application if the person fulfils certain criteria. However, many asylum seekers will be excluded from this scheme, as they are required to have a documented identity and are not covered by the Dublin procedure.
ROSA offers relevant activities such as vocational schools, organised training, courses, work experience and networking groups with a focus on social coping.
Health services
Reflectors (people who have been granted a reflection period) have full rights when it comes to health services in the municipal and specialist health services. The rights include both somatic and mental health care, including help for drug addiction. Once the person has been assigned a D-number or national identity number, they are entitled to be on the GP list. However, it is important that the person is offered health care regardless of the status of their identification number.
Asylum seekers have full rights to health services in the municipal and specialist health service1. These rights include both somatic and mental health care, including help for drug addiction. Once the person has been assigned a D-number or national identity number, they are entitled to be on the GP list.
D number and national identity number
National identity number
The following persons can get a Norwegian national identity number:
- All children born in Norway, even if the child’s parents are not registered as resident here. The Norwegian Tax Administration gives the child a national identity number after the hospital has sent a birth notification to the Norwegian Tax Administration.
- Anyone who immigrates to Norway, intends to stay here for at least 6 months, and reports immigration to Norway. There is a requirement for a residence permit for people who need this. You will be assigned a national identity number when you report moving to Norway2 and will be registered as a resident here.
- Norwegian citizens born abroad. Norwegian citizens living abroad can contact the nearest Norwegian embassy or consulate.
D number
When the conditions for allocation of a national identity number are not met, but a person still needs a number that identifies him or her to the Norwegian authorities, the person can be allocated a D number.
A D number can be assigned to persons who are not resident in Norway, but who will be staying in Norway for less than 6 months (after this, the person must have a Norwegian national identity number). In addition, the person must have a well-founded need for a d-number, e.g. because they
- is liable to pay tax or duties in Norway
- is an asylum seeker or a person with a valid residence permit
- is covered by a scheme administered by NAV or HELFO (e.g. social security schemes)