Aanpak illegale migratie van Venezolanen

posted by Kathleen Anthony

November 12th 2018

 214

WILLEMSTAD – De Raad heeft een onderzoek uitgevoerd omtrent de problematiek van de illegale Venezolaanse migratie. De Raad beoogde de problematiek inzichtelijk te maken en te toetsen of en in hoeverre de beoogde resultaten worden gerealiseerd.

Het wettelijk kader
De Raad constateert dat de regels met betrekking tot de handhaving van het illegale verblijf in Curaçao en de daarmee samenhangende overtredingen met betrekking tot mensenhandel en mensensmokkel in respectievelijk de LTU en een Tb en het Wetboek van Strafrecht voor Curaçao zijn opgenomen. De Raad is van oordeel dat de wetgeving voldoende handvatten biedt voor de aanpak van de illegale Venezolaanse migratie.

Beleid
De overheid heeft een beleid opgesteld waarin de randvoorwaarden, onder meer voldoende celcapaciteit, voor de aanpak van illegale Venezolaanse migratie zijn opgenomen. Desondanks is de overheid niet gelukt om al deze voorwaarden te realiseren. De Raad is van oordeel dat de aanpak alleen maar effectief zal kunnen zijn als er een aanvaardbare minimum cellencapaciteit beschikbaar is, gecombineerd met een effectief verwijderingsbeleid en tijdige identificatie van mensensmokkelaars en criminele groeperingen.

Integrale samenwerking en informatietoestroom
Uit onderzoek blijkt dat er een grote Task Force is ingesteld maar dat de deelnemende organisaties niet altijd betrokken zijn bij het vaststellen van de agendapunten. Bovendien valt de uitvoering van de actiepunten door de ambtelijke organisaties niet onder de verantwoordelijkheid van de Taskforce. De Raad acht de inspanningen van de overheid adequaat maar is van oordeel dat de samenwerking dient te worden verbeterd.

Het ministerie van binnenlandse zaken heeft contact met Zuid-Amerikaanse landen, de IOM (International Organization for Migration) en via de ambassade in Caracas met de Venezolaanse autoriteiten omtrent de problematiek van mogelijke Venezolaanse asielzoekers.

Niet alle partners leveren informatie aan en bepaalde informatiebronnen binnen de Venezolaanse gemeenschap worden niet benut. De Raad meent daarom dat de informatietoestroom voor verbetering vatbaar is.

Middelen
Er is onvoldoende celcapaciteit en de inzet van de radar is voor verbetering vatbaar. Om de terugreis te bekostigen worden de familieleden van de illegalen en het consulaat benaderd. De Raad meent dat de cellencapaciteit moet worden verhoogd en dat de mogelijkheid om een nieuwe radar aan te schaffen moet worden onderzocht. De mogelijkheid om de terugreiskosten te verhalen op bijvoorbeeld de mensensmokkelaars of de gezagvoerders die ongedocumenteerden transporteren, moet ook worden onderzocht.

Strafrechtelijke en bestuursrechtelijke aanpak
Uit interviews blijkt dat vooralsnog brengdelicten worden vervolgd en dat er geen sprake is van vervolging van haaldelicten voor wat betreft mensenhandel en mensensmokkel. De Raad is van oordeel dat de ernst, de omvang en de complexiteit van de problematiek met zich meebrengen dat deze problematiek ook projectmatig moet worden aangepakt. Hoewel een ontmoedigingsbeleid wordt gevoerd, is de verwachting dat de uitbuiters uit winstbejag niet zullen schromen om misbruik te maken van de omstandigheden.

Er wordt een ontmoedigingsbeleid geïmplementeerd maar de handhaving van openbare orde geschiedt niet structureel door het KPC vanwege onvoldoende personele en opsluitingscapaciteit. De Raad is van oordeel dat voor een effectieve bestuursrechtelijke aanpak vereist is dat alle betrokken instanties belast met de bestuursrechtelijke handhaving samenwerken en dat de proactieve handhaving van de openbare orde moet worden verbeterd. Bijzondere aandacht verdient naar het oordeel van de Raad het fenomeen waarbij illegalen door werkgevers in dienst worden genomen.

Resultaten
Uit de aangeboden registraties van verwijderde illegalen en onderschepte aanlandingen kon de Raad de mate waarin de handhaving van het illegale verblijf in Curaçao degelijk wordt bestreden niet vaststellen. Naar het oordeel van de Raad duiden de ontwikkelingen er op dat het aantal illegaal verblijvende Venezolaanse personen op het grondgebied van Curaçao en het daarmee inherente risico op mensenhandel naar alle waarschijnlijkheid zijn toegenomen.

Het OM heeft in 2015, 2016 en 2017 respectievelijk vier, twee en veertien zaken van mensensmokkel behandeld. De Raad constateert dat binnen twee jaar, vanaf 2015, meer dan drie keer zoveel zaken van mensensmokkel zijn behandeld, en is daardoor van oordeel dat de ernst van de problematiek vergt dat deze zaken structureel en ook projectmatig worden aangepakt, waarbij prestatie indicatoren worden vastgesteld zodat het resultaat kan worden geëvalueerd.

De Raad deed in het kader van dit onderzoek zeven aanbevelingen aan de minister welke het volgende zijn:

1. maak op korte termijn afspraken op ministerieel niveau ter bevordering van de samenwerking tussen de uitvoeringsorganisaties;
2. actualiseer op korte termijn het beleid;
3. zorg op korte termijn voor voldoende opsluiting- en opvangcapaciteit;
4. stel de nodige financiële en materiële middelen beschikbaar om de informatiehuishouding verder uit te bouwen;

Ten aanzien van het KPC
5. draag zorg op korte termijn om structureel handhavend op te treden, betrek daarbij de uitvoeringsorganisaties en besteed aandacht aan bestrijding van illegale arbeid;

Ten aanzien van de Kustwacht
6. verken op middellange termijn de mogelijkheid tot aanschaf van een nieuwe radar;

Ten aanzien van het OM
7. draag zorg om op korte termijn projectmatige onderzoeken te verrichten.

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