Third-country national victims of trafficking in human beings: Detection, identification and protection in Luxembourg

This study provides an overview of the current procedures and practices regarding the detection, identification and protection of victims of trafficking in human beings from third-countries in Luxembourg.

Since 2016, Luxembourg saw a number of significant developments with regard to legislation, institutional and policy reforms, as well as debates and awareness campaigns related to the detection, identification, and protection of (presumed) third-country national victims of trafficking in human beings. These include, among others, several legislative developments strengthening procedural safeguards and the fight against certain forms of exploitation; the establishment of a National Action Plan on ‘Trafficking in Human Beings’ (including a confidential roadmap for relevant stakeholders in the field) and a National Action Plan on ‘Prostitution’ (which also relates to trafficking in human beings); an enhanced cooperation on the Benelux level; the creation of the Search for Fugitives and Victim Protection Unit of the Judicial Police (including reinforcement in 2021); the appointment of contact person for the fight against trafficking in human beings at the Directorate of Immigration and a ‘trafficking’ reference person in each of its departments; the reinforcement of the support for victims of trafficking (including the establishment of a common space (‘INFOTRAITE’) for the two approved assistance services SAVTEH and COTEH); an increase and broadening of the basic and specialised training for various stakeholders; and the organisation of information and awareness raising campaigns.

At the same time, the national referral mechanism in Luxembourg has remained the same since its establishment: all stakeholders who detect a (presumed) third-country national victim of trafficking in human beings are obliged to refer cases to the Organised Crime Unit and the Search for Fugitives and Victim Protection Unit of the Judicial Police. Only the Judicial police can formally identify a victim of trafficking and notify the Directorate of Immigration of the Ministry of Foreign and European Affairs in view of issuing a reflection period of 90 days to the third-country national. Before the expiration of the reflection period, the Directorate of Immigration consults with the Police in order to determine whether a residence permit for victims of trafficking in human beings may be issued to the third-country national.

For all the details, including challenges and good practices in the area of detecting, identifying, and protecting victims of trafficking in human beings in Luxembourg, have a look at the EMN Luxembourg Study.