In Luxembourg, the detection of a victim of trafficking in human beings can happen in many different situations and by a variety of actors; it can be law enforcement, an NGO, a ministry or a labour inspector among others. However, the scope of this study is limited to a particular situation as it only looks at the detection and identification of potential victims among persons who have applied for international protection or who are in a forced return procedure.
The Grand-Ducal Police is the only authority in Luxembourg that can formally identify a presumed victim. So far, no legislation lays down the procedure but an informal standard practice has been established by the actors involved in the detection and identification of potential victims. An internal document drafted by the Police describes the practice and has been distributed among the actors.
In international protection procedures the applicants have to self-report. There is no proactive screening for victims by the case workers of the Directorate of Immigration. Once a victim is detected, the case will be handed over from the Directorate of Immigration to the Judicial Police, which, with the help of a list of indicators, the evidence presented and the results of the immediate investigation, decides on the identification of the presumed victim of trafficking in human beings as such.
Luxembourg has no formal national referral mechanism. Once a victim is identified, the Directorate of Immigration will issue a reflection period certificate (valid for 90 days) and subsequently a residence permit (valid for six months renewable) if certain conditions are fulfilled. The two procedures (application for international protection and victim of trafficking in human beings) will run in parallel and the victim has access to the assistance measures provided by both procedures. Those measures are overlapping and therefore, the relevant social services will collaborate in order to provide the victim with the appropriate assistance. However, the assistance granted to a victim of trafficking is conditional upon the cooperation of the person concerned.