Non-Profits Call for Greater Protection of Victims of Exploitation

Five non-profit organisations have come together to call for greater protection for victims of violence and exploitation in Luxembourg.

In a joint statement, ASTI asbl, CID Fraen an Gender, CLAE, Finkapé - Reseau Afro-Descendant Luxembourg and Time for Equality expressed their concerns over the treatment of victims of abuse, exploitation and violence in the Grand Duchy.

As part of their work in Luxembourg, these non-profits are frequently confronted with situations of abuse towards people weakened by their living situation. Due to their illegal residence situation, a tiny fraction of those concerned dare to speak out and take the initiative to contact the authorities responsible to report their situation of exploitation and violence.

In one rare case, a young Brazilian woman decided to report a violent and exploitative employer to the police. According to the non-profits, not only did the woman's employer not pay her according to the pre-established conditions in the Labour Code, but she was also the victim of sexual harassment, as well as verbal and physical violence.

The non-profits lamented that, after an hours-long interview with the police and after the Directorate of Immigration had been informed, the authorities confiscated the woman's passport and ordered her to leave the country within 30 days. She is also obliged to report to the Directorate of Immigration on 1 July 2021 to organise her voluntary return. Regarding the complaint against her employer, the latter will "simply be summoned to give his / her version of the facts".

The five organisations behind this statement stressed that they found it unacceptable to discourage victims of exploitation and assault from filing a complaint with the police, especially if they do not have a residence permit. They added that this case illustrated how the consequences of a police complaint can be greater for the victim than for the employer: "This logic favours violence, exploitation and human trafficking".

The non-profits maintained that this woman's "courage should be applauded, encouraged and not suppressed". They recognised that Luxembourg has legal means to protect proven victims of human trafficking, but not necessarily victims of exploitation and violence.

Consequently, the five organisations have called on Luxembourg's Minister of Immigration and Asylum, Jean Asselborn, to suspend the order to deport the victim. They have also asked the Minister of Equality between Women and Men, Taina Bofferding, and the Minister for Internal Security, Henri Kox, to act as quickly as possible to put in place a procedure that allows victims in a situation of illegal stay to be protected and complaints against unscrupulous employers to be treated.

The non-profits pointed out that the latest recommendations from the European Union's (EU) Fundamental Rights Agency (FRA) on the protection of the rights of exploited migrant workers, issued on 24 June 2021, clearly pointed in this direction. To quote FRA Director Michael O'Flaherty: “EU countries must redouble their efforts to protect irregular migrants from labour exploitation, compensate victims and ensure that employers pay all wages owed, especially now during the pandemic".

ASTI asbl, CID Fraen an Gender, CLAE, Finkapé - Reseau Afro-Descendant Luxembourg and Time for Equality concluded by stressing that "Luxembourg must send a very clear message": that "victims are heard, regardless of their residence situation, in a true logic of solidarity and support for the fundamental rights dear to our country".