Victim Identification Toolkit

1. VictimIdentificationToolkit Training Kit

2. Overview • Definitions (trafficking – smuggling) • The Hong Kong context • Victim identification • Child trafficking • The role of the support services

3. Activity 1 Describe • a child trafficking victim • a forced labour victim • a sexual exploitation victim In particular: How does s/he look like? How old is s/he? What does s/he wear? How does s/he talk?

4. Definitions Human trafficking – as defined in the PalermoProtocol • Act: recruitment, transportation, transfer,harbouring, receipt • Means: threat, use of force, coercion, abduction, fraud, deception, abuse of power, position of vulnerability, giving or receiving of payment or benefits • Purpose:exploitation

5. Definitions According to the Palermo Protocol, exploitation includes at a minimum • the exploitation of the prostitution of others or other forms of sexual exploitation • forced labour or services • slavery or practices similar to slavery • servitude • the removal of organs

6. Definitions Trafficking Smuggling Transportation-based On arrival at destination the migrant is free to make his/her own way. • Exploitation-based • On arrival at destination the real problems begin. • The person may not leave at his/her own choices.

7. The Hong Kong Context • The Palermo Protocol is not applicable to HK • Section 129 of the Crimes Ordinance limited because only focuses on movement to and from HK and only states one form of exploitation, prostitution not in line with international standards, including the Palermo Protocol • No criminal prohibition on forced labour • Rare cases because hidden by nature poor victim identification lack of relevant legislation

8. The Hong Kong Context Main features • Destination and transit territory • Victims are men, women, teenage girls • Source countries (China, Colombia, Indonesia, Thailand, Vietnam, the Philippines, Nepal, Cambodia) • Foreign domestic helpers’ situation – debt bondage • Commercial sex trafficking

9. Victim identification Identification is a complex and multi-layered process • Complex and silent nature of the crimeidentification is not a straightforward process • Different stages of identificationwhen will the victim bereferred to relevant support services • Preliminary identificationby non-specialized police inpartnership with community members • Identification by specialized police units • Procedural identification • Judicial identification

10. Victim identification Many peoplemay encounter traffickingvictims during theirdaily workGreat variety ofactors are involved in the identificationprocess. • Front line staff NGOs, social care providers, churches Border guards Police Immigrationservices Health care providers Labour inspectors • Actors of the criminal justice system • Consulates

11. Victim identification Issues surrounding identification • Identification is a multi-layeredprocess • Gender • Fear of authorities • Fear of reprisals • Nexus between immigration/crime andtrafficking • Victims’ lack of understanding of their victimhood • Relationship with the trafficker

12. Victim identification Risk factors • Misconceptions: only poverty, lack of knowledge are causes of human trafficking • Reality • Many victims are partially/fully aware that they are involved in commercial sex acts. • Victims come from all age groups. • A significant proportion of victims are coming from urban areas. • University graduates may alsofall prey to traffickers.

13. Activity 2 True or false • Victims often make a conscious decision in the belief that they will lead a better life. • Victims expect to be held captive for a while and also assume that they cannot choose their working conditions. • Victims receive good payments for their work. • Victims receive medical care on an emergency basis only. • Victims may accept abusive, harsh conditions hoping that their situation will improve.

14. Victim identification The probability of trafficking may be highin the followingsituations: • Recruitment • Personal documents and belongings • Violence or threat of violence • Working conditions • Living conditions • Freedom of movement

15. Activity 3 True or false • Victims can easily control their recruiting possibilities, working and living conditions. • In most cases victims experience mental abuse. • Victims are forced to live in unhygienic/shared accommodation. • Victims are almost never physically abused. • Victims’ personal belongings, documents and money are taken away.

16. Activity 4 Role play A FDH is interviewed by a police officer or an NGO’s socialworker. She ran away from her employers’ home having sought help at the police station/NGOs office. There are wounds on her face but she will not tell how they occurred. The police officer’s/NGO’s social worker’s role is to find out if she could be a victim of trafficking. After the interview: 1. Feedback from the victim. How did she feel about the officer’s/social worker’s behaviour? 2. Feedback from the officer/social worker. How did he/she feel? What helped him/her to comfort the person and get the necessary information?

17. Child Trafficking • Palermo Protocol Children: persons under 18 years of age Special definition underthe Palermo Protocol: • Act(recruitment, transportation, transfer,harbouring, receipt) • Act does not need the element of threat, coercion, fraud or deception • Purpose (exploitation) • Sexual exploitation AND forced labour as well • Trafficked children end up in work that is dangerous to their health, safety and morals.

18. Child Trafficking • UN Convention on the Rights of the Childapplies to HK • Human trafficking violates the following rights of the children to be protected from exploitation to remain with their family to go to school to be protected from sexual violence to have time to play

19. Child Trafficking Risk factors • Family disruptions • Social/economic factors • Domestic violence • Community factors • Specific factors • Institutional factors

20. Activity 5 Discuss a case A 15 year-old girl dreams of becoming a model. She meets a man who tells her about a modelling job in another city. The girl leaves school and travels alone to the city. When she arrives at the destination, she finds that the modelling agency does not exist instead a night club owner meets her and she is expected to entertain customers in pornographic performances. Questions: 1. Is the girl a trafficking victim? 2. Is the man a trafficker?

21. Support services Trafficking is a violation of the human rights of the victim. Key points: • avoid secondary victimization • the importance of proper identification • consider the needs and rights of the victim • inform victims of their rights • protect the privacy and identity of the victim

22. Support services Victims have multiple needs. Therefore, comprehensive forms of help are required. • physical, psychological, emotional support • referral to medical care • shelter • guidance through decision making • legal representation • interpretation and translation • financial support, compensation • assistance to return home (if victim wishes)

23. Support services Liberty Asia’s Regional Victim Crisis Centre 2100 3300 The Crisis Centre covers the Mekong Region: China, Cambodia, Laos, Myanmar, Malaysia, Thailand, Vietnam