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What is human trafficking? • the practice of people being tricked, lured, coerced or otherwise removed from their home or country • then compelled to work with no or low payment or on terms which are highly exploitative. • The practice is considered to be trade or commerce in people, which has many features of slavery and which is illegal in most countries.
Forced labour • The International Labor Organization (ILO) says there are eight main forms of forced labor in the world today.
Farm and rural debt bondage • Workers see all their wages go to paying for transportation, food and shelter because they've been "locked into debt" by unscrupulous job recruiters and landowners - and they can't leave because of force, threats or the remote location of the worksites. Countries involved: • Benin, Bolivia, Brazil, Cote d'Ivoire, Dominican Republic, Guatemala, Haiti, Mexico, Paraguay, Peru, Togo
Bonded labor • Another form of debt bondage • often starts with the worker agreeing to provide labor in exchange for a loan, but quickly develops into bondage as the employer adds more and more "debt" to the bargain. Countries involved: • Bangladesh, India, Nepal, Pakistán, Sri Lanka
Abuse of domestic workers • Maids and other domestic servants are sold to their employers or bonded to them by debts. Countries involved: • Benin, Cote d'Ivoire, France, Haiti, the Middle East
Prison labor • The contracting out of prison labor or forcing of prisoners to work for profit-making enterprises. Countries involved: • Australia, Austria, China, Cote d'Ivoire, France, Germany, New Zealand, Madagascar, Malaysia, USA
Compulsory work • People are required by law to work on public construction projects such as roads and bridges. Countries involved: • Cambodia, the Central African Republic, Kenya, Burma (also known as Myanmar), Sierra Leone, Swaziland, Tanzania, Vietnam
Military labor • Civilians are forced to do work for government authorities or the military. Country involved: • Burma (also known as Myanmar)
Slavery • A "physical abduction" followed by forced labor. Countries involved: • Congo, Liberia, Mauritania, Sierra Leone and Sudan
People or human trafficking • Individuals are forced or tricked into going somewhere by someone who will profit from selling them or forcing them to work against their will • most often in sexual trades • The sale of babies and children for international adoption is also considered to be trafficking in those children. • Many countries are both "origins" and "destinations" for victims.
Countries involved in people or human trafficking • Albania, Belarus, Bosnia and Herzegovina, Brazil, Canada, China, Colombia, Cote d'Ivoire, Czech Republic, Dominican Republic, Ecuador, France, Ghana, Haiti, Honduras, Hungary, Israel, Italy, Republic of Korea, Laos, Latvia, Malaysia, Moldova, Myanmar, the Netherlands, Nepal, Nigeria, Philippines, Poland, Romania, Russia, Thailand, Ukraine, United Kingdom, USA, Vietnam, Yugoslavia • THIS IS JUST A SNAPSHOT!
International Instruments for Protection and Promotion • International legal instruments take the form of a treaty (also called agreement, convention, or protocol) that binds the contracting states to the negotiated terms. The following international instruments determine standards for the abolition of and protection against slavery, forced labour and slavery-like practices:
United Nations • Slavery Convention of 1926 (Assembly of Nations) • ILO Convention (No. 29) concerning Forced or Compulsory Labour (1930) • Universal Declaration of Human Rights (1948) • Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (1949) • Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956) • ILO Convention (No. 105) Concerning the Abolition of Forced Labour (1957) • ILO Convention (182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour(1989) • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000)
Trafficking in Persons Report • Each year the United States Government published the Trafficking in Persons Report • The TIP Report serves to expose these despicable aspects of trafficking. It provokes, lauds, and challenges. Countries including the United States, which is dealing with its own trafficking problem, have been inspired to greater action against human trafficking as a result of this unique compendium. By reading it, we hope you are joining with us in the abolitionist movement of the 21st century to advance freedom for the world's most vulnerable citizens." -- Secretary of State Condoleezza Rice
Methdology • Assessing each governments anti-trafficking efforts involves a two-step process: • Significant Numbers of Victims • Tier Placement
Significant Numbers of Victims • First, a country must be determined as "a country of origin, transit, or destination for a significant number of victims of severe forms of trafficking," generally on the order of 100 or more victims
Tier Placement • Countries placed into one of the three lists, described here as tiers dictated by the Trafficking Victims Protection Act (2000) • This placement is based on the extent of a governments actions to combat trafficking.
Tiers Tier 1 • whether the government fully complies with the TVPAs minimum standards for the elimination of trafficking Tier 2 • Governments that are making significant efforts to meet the minimum standards Tier 2 Watch List • Countries that fail to show evidence of increased efforts to combat trafficking from the previous year Tier 3 • countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so
Regardless of tier placement, every country can do more, including the United States. No country placement is permanent. All countries must maintain and increase efforts to combat trafficking.
Minimum standards • The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking. • For the knowing commission of any act of sex trafficking involving force, fraud, coercion, the victim is a child incapable of giving meaningful consent, or trafficking includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.
Minimum standards cont. • For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense. • The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.
Assignment You will be responsible for the following: • A brief but thorough explanation of one United Nations legal instrument • A full explanation involving overview, prosecution, protection and prevention for a country of your choosing from the tiered countries
Websites to assist • United Nations legal instrument • Tiered placements http://www.state.gov/g/tip/rls/tiprpt/2005/46610.htm