59. Regulations The Minister may, on the advice of the Committee , make regulations for the better carrying into effect of the provisions of this Act. First Schedule (Sections 8, 27 and 44) Guiding principles in conducting screening interviews for the identification of trafficked person Part I – Minimum standards for interviews In all interviews under this Act, regardless of the legal status of the person being interviewed, the person conducting the interview shall ensure that the following minimum standards are in place— 1. Information The presumed trafficked person should be informed about the procedure of the police interrogation and its consequences. 2. Language The information given should be clear, accurate and in a language the presumed trafficked person understands. 3. Interpretation Experienced interpreters should be present during the interview. 4. Privacy Questions touching upon the person’s privacy, for instance regarding intimate relationships and experiences in prostitution, should be avoided. 5. Identification A trafficked person can only be conclusively identified as such if the distinct elements of the crime of trafficking have been detected. This may require time because of the complexity of the crime of trafficking and the vulnerable status of trafficked persons suffering from post-traumatic stress disorder. 6. Evidence Besides the statements of the presumed trafficked person, other evidence should be collected to identify all the facts and relevant information to determine if the case is one of trafficking. Part II – General principles In all interviews under this Act, regardless of the immigration status of the person being interviewed, the person conducting the interview shall endeavour to do the following— 1. Do not harm Treat each presumed trafficked person and the situation as if the potential for harm is extreme until there is evidence to the contrary. Do not undertake any interview that will make a presumed trafficked person’s situation worse in the short term or longer term. 2. Case familiarization and risk assessment Learn the risks associated with trafficking and each presumed trafficked person’s case before undertaking an interview. 3. Preparation of referral information Be prepared to provide information in a presumed victim’s native language and the local language (if different) about appropriate legal, health, shelter, social support and security services and to help with referral, if requested. 4. Careful selection and preparation of interpreters and co-workers Weigh the risks and benefits associated with employing interpreters, co-workers or others and develop adequate methods for training. 5. Ensuring anonymity and confidentiality Protect a respondent’s identity and confidentiality throughout the entire interview process from the moment a presumed trafficked person is contacted to the time that details of his case are made public. 6. Getting informed consent Make certain that each presumed trafficked person clearly understands the content and purpose of the interview, the intended use of the information, his right not to answer questions, his right to terminate the interview at any time and his right to put restrictions on how the information is used. 7. Listening to and respecting each presumed trafficked person’s assessment of her situation and risk to her safety Recognize that each presumed trafficked person will have different concerns and that the way he views his concerns may be different from how others might assess them. 8. Re-traumatization Do not ask questions intended to provoke an emotionally charged response. Be prepared to respond to a presumed trafficked person’s distress and highlight his strengths. 9. Emergency intervention Be prepared to respond if a presumed trafficked person says he is in imminent danger. 10. Use of information collected Use information in a way that benefits an individual presumed trafficked person or that advances the development of good policies collected and interventions for persons suspected of being trafficked generally. Part III – Children The following principles shall be used in all cases concerning children— 1. Time is of the essence Interviews should take place as soon as possible after the allegation or suspicion of abuse emerges. 2. Safety and support A child should feel safe and supported during the interview. 3. Sex/age appropriate interviewers Girls and younger boys should be interviewed by female interviewers. Older boys can be interviewed by male interviewers. 4. Presence of familiar adult during interview An adult, who the child trusts, should generally be present during the interview. This person’s responsibility is to look after the child’s best interests. It could be a guardian, a legal representative or, if neither has been appointed, a teacher or social worker. 5. Informal setting Interviews should take place in an informal setting and be conducted by interviewers trained to talk with children. 6. Language of interview Interview should be in the child’s own language. If this is impossible to organize, considerable care must be taken in arranging interpretation. 7. Length of interview If possible, interviews should not be too long to avoid tiring the child. 8. Child’s developmental stage The child’s developmental stage and needs should be considered in planning the interview. 9. Child’s characteristics The characteristics of the child and the child’s family background should be considered in planning the interview. 10. Opportunity to narrate The children should be given an opportunity to narrate their story in their own way, before they are asked explicit questions. 11. Interview plan The questions should begin with open questions and direct or leading questions should be reserved for the latter part of the interview. Second Schedule (Sections 8, 27, 31 and 44) Trafficked persons screening and identification form Form A Part I – Informed consent Has the individual been informed that the Enforcement Officer and/or ______________________________________ (name of partnering organization) reserves the right to share her/his individual case data for assistance purposes and only with authorized officers in the Malawi Police Service, the Department of Immigration and partnering organizations involved in direct assistance? (Yes/No)* 1. Has the individual further been informed that the Malawi Government reserves the right to use (only anonymous, aggregate) data for research purposes? (Yes/No)* 2. Has the individual’s full and informed consent been obtained to conduct the screening interview based on information given regarding the designation of the enforcement officer, the role of the organization, the voluntary nature of the interview and the use of the information provided by the individual as outlined above? (Yes/No)* Note: Informed consent is necessary for all services, such as medical examination and procedure, health assessments, assisted voluntary returns and reintegration assistance. If the individual is a minor, has the consent of the parent(s)/guardian(s) been obtained? (Yes/No)* Signature of interviewer: _____________ Date: _____________ Signature of trafficked person: _____________ Date: _____________ * Cirlce as apporpriate
