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Committee on Migration / Washington, DC, January 28, 2013

OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS. Committee on Migration / Washington, DC, January 28, 2013. What’s trafficking in persons?.

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Committee on Migration / Washington, DC, January 28, 2013

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  1. OAS – Preventing and Combating Trafficking in Persons: Trafficking and SmugglingDepartment of Public Security - SMS Committee on Migration / Washington, DC, January 28, 2013

  2. What’s trafficking in persons? • "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation

  3. When it is considered trafficking in persons? Elements of the Process • ACTIONS: recruitment, transportation, transfer, harboring/receipt, exploitation • MEANS: threat/use of force, forms of coercion, abduction, fraud, deception, abuse of power, situation of vulnerability, receiving payment. • PURPOSE: sexual exploitation, forced labor or services, practices similar to slavery, servitude, begging, organ/tissue removal, armed conflicts, combined forms of exploitation.

  4. Types of Exploitation • Commercial Sexual Exploitation: prostitution in massage parlors, night clubs, bars, karaoke establishments, streets, escorts, etc. • Forced Labor: (labor exploitation) farming, fishing industry, construction, mining, “sweat-shops”, entertainment,. • Domestic Servitude • Exploitation by Beggin • Illicit Trafficking of Organs • Sex Tourism • Minors in Armed Conflicts • Forced Marriages

  5. Trafficking from and to the Americas T Europe Japan Asia

  6. Countries of Origin, Transit, and Destination North America East Europe West Europe Asia

  7. Caribbean Routes

  8. Consent of the Victim • The victim’s consent is irrelevant when is evidenced that the trafficker has obtained that consent through illicit means. • The victim’s consent in one stage of the process cannot be considered consent in all stages of the process • Minors under 18 years of age are victims even when the “means” are not used. Minors are excluded from any possibility of consent

  9. Smuggling of Migrants • “The procurement, in order to 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” • Implies: illegal entry, fraudulent travel or identity document (falsely made, improperly issued or obtained, used by other than the rightful holder), means of transportation (vessel)

  10. Trafficking and Smuggling • Trafficking • Not always border crossing • legitimate or ilgmt documents • Documents withheld • Coercion • Restrictive movement • Exploitation • Crime against the • Person • Smuggling • Illegal border crossing • Illegal possession of • documents • Voluntary • Business transaction • Crime against the • State .

  11. OAS - Member States Commitment • Public policies and strategies to combat TIP • Anti TIP comprehesive law strengthening • Identification of victims • Data collection • Prevention-Protection

  12. Member States Mandates / Documents • Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children • Conclusions and Recommendations of the 1st and 2nd Meetings of National Authorities on Trafficking in Persons (Venezuela 2006, Argentina 2009) • Work Plan against Trafficking in Persons in the Western Hemisphere AG/RES.2551 (XL-O/10) • Conclusions of the 3rd. Meeting of National Authorities on Trafficking in Persons (Guatemala 2012, RTP-III/doc.7/12)

  13. Peacekeeping Train-the Trainers

  14. Consular Training

  15. Caribbean Law Enforcement Training

  16. Current and Future Programms • Training Program for the Security and Judicial Systems – Southern Cone • Especialized Program for Border Control • Sensitization in the Exploitation of Domestic Service • Labor Exploitation / Forced Labor • Virtual Training Program

  17. Contact Information Fernando Garcia-Robles Coordinator, Anti-Trafficking in Persons Department of Public Security Organization of American States 1889 F. St. N.W. 872 D Washington , D.C. 20006 Email: mgarcia@oas.org Tel: 202.458.3202 Fax: 202.458.3882

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