Government Resolution No. 2806 of December 1, 2002

THE ESTABLISHMENT OF A SHELTER FOR THE VICTIMS OF HUMAN TRAFFICKING FOR THE PURPOSES OF PROSTITUTION

Resolved (Unanimously):

Further to the resolution of the Ministerial Committee for the Advancement of the Status of Women of April 23, 2002 and to the report of the team headed by the Director General of the Ministry of Justice of July 18, 2002 as well as the report of the inter-ministerial team to deal with and follow-up on the phenomenon of human trafficking of January 21, 2002, to adopt the conclusions of the team headed by the Director General of the Ministry of Justice as follows:

1. To establish a shelter for all victims of human trafficking for whom there is even a shred of evidence that they are victims of the crime of human trafficking for the purposes of prostitution or accompanying offenses. The determination as to whether or not there is evidence will be the sole purview of the person in charge of the investigation.

2. The shelter will be established on March 1, 2003.

3. The trafficking victims will be transferred to the shelter as soon as possible after being apprehended, while at the same time, the appropriate warrant is to be obtained from the head of passport control.

4. The shelter will be divided into two separate wings - the "open" and the "closed" wings, in order to provide an appropriate solution to the different populations in the shelter. The terms of supervision are to be coordinated vis-à-vis the Ministry of the Interior.

5. In the first stage, the human trafficking victims' stays at the shelter will be regulated through orders for release on bail issued by the head of passport control.

At the end of 2003, in light of the experience accumulated during the operation of the shelter and the lessons which will be learned therein, principles for continued operation will be formulated with regard to the appropriate framework in which to continue operating the shelter, whether in its original conception or in a manner to be determined.

6. The shelter's capacity, at least in the first stage, must be 50 women, and it is recommended that it be located in an area in which the majority of victims are concentrated. Victims of human trafficking will be housed in the shelter, whether they choose to testify or not. However, if a problem arises in the shelter, priority will be given to those victims who are scheduled to testify.

7. Every victim of human trafficking staying at the shelter will be granted psychological, social and medical assistance. The psychological and social assistance will be based on models of short-term intervention. Each occupant in the open wing will be provided with an allowance to cover their personal expenses.

8. Every victim of human trafficking staying at the shelter will be afforded the possibility of receiving legal assistance, supervised by the Ministry of Justice.

9. Every victim of human trafficking who expresses interest will be provided with a "meditation period" of 10 to 12 days to consider if she would like to testify. This possibility must be given to each of them immediately upon arrival at the shelter and will take place in the closed wing, while being provided with the assistance services detailed above.

10. As a rule, the victims of human trafficking will stay at the shelter until their deportation from Israel or until the conclusion of their testimony. In special cases and on humanitarian grounds, a process will be determined in which the administration of the shelter will be able to recommend to the Minister of the Interior to extend stays at the shelter for limited periods, after consultation with the relevant parties which may include the police, the prosecution, the assistance services in the shelter and officials at the Ministry of Labor and Welfare.

11. The Immigration Administration will act to deport the victims upon the conclusion of their "meditation period" if they have decided not to testify and victims after they have testified as quickly as possible, no more than two weeks from the day their testimony was concluded or upon conclusion of their "meditation period" (in cases where the victim chose not to testify), in accordance with Article 10 above.

12. A process will be determined by which the administration of the shelter will take part in the contacts between the various bodies and the embassies of the human trafficking victims' countries of origin, including providing notice of the victims' presence in the shelter, as well as assist in returning them home at the end of their stay at the shelter. This contact will be done, as much as possible, in the victim's name and will include details of her situation so that the authorities in her country of origin can re-absorb her while providing the means for treatment, rehabilitation and security as needed.

13. The Ministry of Labor and Welfare, through an extra-governmental body, will establish the shelter and administer and oversee its operation.

Organizing security for the shelter will be the responsibility of the Ministry of Internal Security through the Israel Police, which will determine the security plan, accompanying arrangements as well as the plans to guard the women and accompany them to the locations relevant to the administering of the trial. The Police will also oversee the implementation of the security plan, guarding and accompaniment - in accordance with their professional discretion.

The Ministry for Internal Security will call for tenders and liaise with the external parties chosen to implement the security plan, guarding and accompaniment.

While the closed wing is in operation, a civil servant authorized to detain and arrest will be stationed at the location.

14. The Ministry of Labor and Welfare, the Ministry of Internal Security, the Ministry of Finance, the Ministry of Health and the Ministry of Justice will come to an agreement regarding the budget within seven days of passing this Resolution.

15. The Director General of the Ministry of Labor and Welfare will head the team to establish the shelter.

16. The Director General of the Ministry of Labor and Welfare will periodically report on the progress of establishing the shelter to the Ministerial Committee for the Advancement of the Status of Women.

At the end of one year of operating the shelter, conclusions will be drawn, including with regard to whether it should be part of the governmental system.