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Human Trafficking and Smuggling OAS/IOM introductory course on the human rights of migrants, including migrant workers and their families Washington DC - March 6, 2008 Anke Strauss - Liaison Officer Office of the IOM Permanent Observer to the United Nations.

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Human Trafficking and Smuggling

OAS/IOM introductory course on the human rights of migrants, including migrant workers and their families

Washington DC - March 6, 2008

Anke Strauss - Liaison Officer

Office of the IOM Permanent Observer to the United Nations

united nations convention against transnational organized crime
United Nations Convention Against Transnational Organized Crime
  • Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children
  • Protocol against the Smuggling of Migrants by Land, Sea and Air
  • The number of countries which signed and ratified the instruments
  • (3 March 2008):
  • The Convention: Signatories: 147, Parties 140
  • Trafficking Protocol: Signatories: 117, Parties 118
  • Smuggling Protocol: Signatories: 112, Parties 111
nature of the instruments
Nature of the Instruments
  • Convention contains general measure against transnational organized crime
  • Protocols deal with specific crime problems concerning trafficking and smuggling
  • Protocols supplement the Convention
  • A State must be a party to the Convention to become party to Protocols
trafficking in persons vs smuggling of migrants
Trafficking in Persons:

The recruitment, transportation, transfer, harboring or receipt of persons, by means of threat, use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the receiving or giving of payment… to a person having control over another person, for the purpose of exploitation.

(UN Protocol to Prevent, Suppress and Punish Trafficking in persons, especially Women and Children)

Smuggling of Migrants:

The procurement, in orderto obtain directly or indirectly, a financial or other material benefit of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.

(UN Protocol against the Smuggling of Migrants by Land, Sea and Air)

Trafficking in persons vs. Smuggling of Migrants
protocol against smuggling purposes
PROTOCOL AGAINST SMUGGLINGPURPOSES
  • To prevent and combat smuggling
  • To promote cooperation amongst States
  • Whilst protecting the rights of smuggled migrants
what does the smuggling protocol seek to achieve
WHAT DOES THE SMUGGLING PROTOCOL SEEK TO ACHIEVE?
  • Requires States to:
  • Criminalise smuggling
  • Co-operate to prevent smuggling
  • Strengthen border controls to detect smuggling (Art. 11)
  • Address root causes
  • Appropriate measures to “preserve and protect” rights
  • Cooperate in return
trafficking protocol purposes
TRAFFICKING PROTOCOLPURPOSES:
  • To prevent and combat trafficking paying particular attention to women and children
  • To protect and assist victims
  • To promote cooperation amongst States to meet these objectives
what does the trafficking protocol seek to achieve
WHAT DOES THE TRAFFICKING PROTOCOL SEEK TO ACHIEVE?
  • Defines and standardizes terminology
  • Requires States to criminalize trafficking (Art. 5)
  • Assistance and protection of victims (Art. 6)
  • Repatriation of victims (Art. 8)
  • Control measures: borders, travel documents etc. (Art. 11)
  • Training for border guards, research, information measures
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Process

1. Recruitment

2.

Transport

3. Harbouring

4.

Receipt

Means

Deceit and/orfraud

Threat of Force or Use of Force

Abduction or abuse of power

Objectives

Exploitation

Forced

Labour

Sexual

Exploitation

Removal

of Organs

Servitude

Characteristics of Trafficking

consent
Consent
  • Theconsent ofa victim of trafficking in persons to the exploitation shall be irrelevant where any of the means of force, threat of, coercion, deception, have been used.
  • The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ”trafficking in persons” even if this does not involve any of the means set forth in the definition of trafficking in persons.
misconceptions about trafficking
Misconceptions about Trafficking
  • All traffickers are men
  • Trafficking of human beings is only trafficking of women
  • Trafficking of human beings is only about sexualexploitation
  • Trafficking is exclusively an international problem, not a national one
types of exploitation

Mimosa data base IOM 2007

Sexual

74%

Forced labour

21%

Sexual &

Other

Forced Labour

2%

Low level

2%

criminal

1%

Types of Exploitation
supply and demand
Supply and Demand
  • While trade barriers fall to facilitate the freer movement of goods, services, and capital, migration policies have generally become more restrictive and rigid.
  • The tension between the intense demand for cheap labour and services and few legal migration channels create opportunities for intermediaries.
causes for trafficking
Causes for Trafficking

In the countries of origin:

  • Poverty, unemployment and lack of opportunities
  • Political and humanitarian crises which displace populations and expose the most vulnerable to the designs of traffickers (e.g. Tsunami, Pakistan Earthquake)
  • In less developed countries, children are entrusted to more affluent family members, friends and acquaintances with the intention to improve their lives
causes for trafficking1
Causes for Trafficking

In the countries of destination:

  • Organized crime/violence
  • Demand for cheap and low-skilled labour
  • Demand for sex services
  • Restrictive immigration policies and laws
  • Porous borders and/or limited border control
  • New technologies and networks such as internet
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Incentives for Traffickers

  • Few risks for traffickers
  • - inadequate legislation
  • - weak enforcement measures
  • - corruption
  • Huge financial profits compared with the low investment
  • - victims can be re-sold several times
shortcomings of the protocol
Shortcomings of the Protocol
  • Some key terms are not defined (abuse of vulnerability, forced labour, etc.)
  • Human rights protection for victims - only voluntary (no obligation)
  • No reference or connection with immigration/labour laws
iom s approach to combating trafficking
IOM’s Approach to Combating Trafficking

Victim-centred and Rights-based

Concern for the victim lies at the centre of all IOM’s activities.

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The Three Ps

PREVENTION

PROTECTION

PROSECUTION

Root causes;

Awareness Raising;

Sound Migration Policies

Assistance;

Empowering Victims;

Human Rights Based

Criminalisation;

Investigation;

International Cooperation

some good practices from the americas
Some good practices from the Americas
  • Close coordination among national stakeholders (e.g. St. Maarten)
  • Government by-in (at the decision-making / ministerial level) (e.g. Barbados)
  • Improved inter-institutional Data collection (e.g. Colombia)
  • Regional cooperation
recent developments un gift
Recent developments – UN.Gift:
  • Building Awareness
  • Broadening the knowledge base of data, facts and statistics on global trafficking
  • Stepping up technical assistance
summary
Summary

SUMMARY