HUMAN TRAFFICKING AND MIGRANT SMUGGLING

UNODC on human trafficking and migrant smuggling

Human trafficking is the acquisition of people by improper means such as force, fraud or deception, with the aim of exploiting them.

Smuggling migrants involves the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident.

Virtually every country in the world is affected by these crimes. The challenge for all countries, rich and poor, is to target the criminals who exploit desperate people and to protect and assist victims of trafficking and smuggled migrants, many of whom endure unimaginable hardships in their bid for a better life.

Human Trafficking

Human Trafficking is a crime against humanity. It involves an act of recruiting, transporting, transfering, harbouring or receiving a person through a use of force, coercion or other means, for the purpose of exploiting them. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Every country in the world is affected by trafficking, whether as a country of origin, transit or destination for victims. UNODC, as guardian of the United Nations Convention against Transnational Organized Crime (UNTOC) and the Protocols thereto, assists States in their efforts to implement the  Protocol to Prevent, Suppress and Punish Trafficking in Persons (Trafficking in Persons Protocol).

What is Human Trafficking?

Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as 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. Exploitation shall include, 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 or the removal of organs

Elements of human trafficking

On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements;

The Act (What is done)

Recruitment, transportation, transfer, harbouring or receipt of persons

The Means (How it is done)

Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim

The Purpose (Why it is done)

For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs.

To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined by relevant domestic legislation.

Criminalization of human trafficking

The definition contained in article 3 of the Trafficking in Persons Protocol is meant to provide consistency and consensus around the world on the phenomenon of trafficking in persons. Article 5 therefore requires that the conduct set out in article 3 be criminalized in domestic legislation. Domestic legislation does not need to follow the language of the Trafficking in Persons Protocol precisely, but should be adapted in accordance with domestic legal systems to give effect to the concepts contained in the Protocol.

In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires criminalization also of:

· Attempts to commit a trafficking offence

· Participation as an accomplice in such an offence

· Organizing or directing others to commit trafficking.

National legislation should adopt the broad definition of trafficking prescribed in the Protocol. The legislative definition should be dynamic and flexible so as to empower the legislative framework to respond effectively to trafficking which:

· Occurs both across borders and within a country (not just cross-border)

· Is for a range of exploitative purposes (not just sexual exploitation)

· Victimizes children, women and men (Not just women, or adults, but also men and children)

· Takes place with or without the involvement of organized crime groups.

UNODC's Response to Human Trafficking

UNODC offers practical help to States, not only helping to draft laws and create comprehensive national anti-trafficking strategies but also assisting with resources to implement them. States receive specialized assistance including the development of local capacity and expertise, as well as practical tools to encourage cross-border cooperation in investigations and prosecutions.

The adoption in 2000 by the United Nations General Assembly of the Protocol to Prevent, Suppress and Punish Trafficking In Persons, Especially Women and Children marked a significant milestone in international efforts to stop the trade in people. As the custodian of the Protocol, UNODC addresses human trafficking issues through its Global Programme against Trafficking in Human Beings. To date, more than 110 States have signed and ratified the Protocol. But translating it into reality remains problematic. Very few criminals are convicted and most victims are probably never identified or assisted.

For an overview of UNODC's work in the human trafficking field and the real-life complexities faced by people globally every day, 

Prevention

Boi Ngoc is a young woman living in a remote farming village in South East Asia. She has a child, but lives in a hostile family environment, with little means of securing any income. Desperate to support her child independently, she contacts a woman recommended by a relative, who says she can arrange a job as a waitress in a neighbouring country.

Burim is a young Eastern European boy staying in an asylum seekers' camp in a foreign country. He and his brother have been separated from their family for several years. As asylum seekers, they have no right to work in their host country but need money for clothing and other essential items. Their status and prospects are likely to remain uncertain for many years. A man approaches Burim and offers him and his brother the chance to start a new life.

People like Boi Ngoc and Burim are seeking better lives and are therefore vulnerable to fall into the hands of migrant smugglers and human traffickers. Irregular migrants are increasingly resorting to services offered by migrant smugglers. Their modus operandi ranges from simple provision of falsified or counterfeit documents, but also extends to arranging journeys which cost thousands of lives every year. UNODC's research shows that victims of trafficking are often duped by a recruiter who is a relative, a supposed friend or seems like someone they can trust. Traffickers and victims often share the same nationality. In some parts of the world, female traffickers are selected to recruit women.

UNODC helps to make people like Boi Ngoc and Burim aware of these risks by making video and radio spots (public service announcements), which are broadcast in numerous languages throughout the world. UNODC also runs campaigns with NGOs, distributing written information and contacting actual and potential victims of trafficking.

In December 2006, UNODC Colombia received a UN21 Commendation award for its anti-human trafficking activities, which included helping Colombian television to produce a prime-time television soap opera about human trafficking. Aired nightly to millions of viewers, the series exposed common traffickers' ruses, such as Internet scams, and explained where victims could seek help.

Vulnerable communities

Community-led activities are an important prevention tool. The porous border between India and Nepal, for example, is an area of heavy cross-border human trafficking. In 2006-07, UNODC supported NGO initiatives such as the Community Vigilance project, led by local leaders and women's groups, which has mobilized thousands of villagers to detect and prevent trafficking.

In 2006-07, UNODC provided funding for NGOs in Croatia and Bosnia and Herzegovina to run trafficking prevention campaigns among asylum-seekers, a particularly vulnerable group. Counselling was provided to young people like Burim to make them aware of the risks and where they can seek help.

Conflict zones

Sometimes the need to move and the threat of trafficking can emerge very suddenly. In mid-2006, during the armed conflict in Lebanon, UNODC became aware that traffickers were targeting some of the 300,000 domestic workers from Sri Lanka, Ethiopia and the Philippines who were left behind when their foreign employers were evacuated. Having abruptly lost their livelihoods and official resident status, the workers quickly became vulnerable. As embassies struggled to assist their nationals, trafficking gangs offered alternative options.

UNODC put an emergency information campaign in place within days: it produced 12,000 pages of information in various languages, including the number of a telephone hotline run by the NGO Caritas Migrant for assistance and support. The materials were distributed in shelters, embassies, churches, shops and markets.

Research

UNODC's prevention work includes raising awareness among policy-makers, law enforcement bodies and civil society. In April 2006, UNODC published the report  Trafficking in Persons: Global Patterns identifying 127 countries of origin, 98 transit countries and 137 destination countries. The sensitive nature of the issue and the lack of systematic action on trafficking worldwide make information collection a challenge, reflecting the unwillingness of some countries to acknowledge that the problem affected them. The absence of reliable global data, in turn, makes it more difficult for governments and international organizations to fight trafficking effectively. This UNODC report was a first attempt to get a clearer picture of the problem. It highlighted the complex nature of trafficking, such as women committing trafficking atrocities against other women, and identified national and regional characteristics of offenders, victims and exploitation. The Report listed states on a scale from "very low" to "very high" as countries of origin, transit and destination.

The report continues to have key relevance in initiating and informing discussions on trafficking in persons. In 2007, to date, the report has been downloaded 260,000 times, making it the most frequently used UNODC report after the World Drug Report.

In 2007, UNODC within the framework of UN.GIFT, launched a research exercise to gather primary data on national responses to trafficking in persons worldwide. This exercise resulted in the publication of the Global Report on Trafficking in Persons in February 2009. The report gathers official information for 155 countries and territories in the areas of legal and institutional framework, criminal justice response and victim assistance services.

Protecting victims of human trafficking

Alexandru, a 24-year old Eastern European, went to a western European country for seasonal work but he was paid almost nothing and lived in a shack with no electricity or running water. After Alexandru complained, his boss beat him up and left him in a critical condition. When he was found, police placed him in custody as an illegal immigrant. They said he refused to cooperate by refusing to sign the papers required, though with both arms in a cast, he was physically unable to. Alexandru was immediately deported.

Juana, a South American woman, was trafficked to North America and sexually exploited. With a poor family to support, she initially consented. Arrested and deported as an illegal alien, she received no assistance from her government, NGOs or local community. But her family's predicament did not improve and soon afterwards Juana agreed to be re-trafficked in the hope of earning much-needed money.

Protection

Police and criminal justice staff need standard working procedures to guarantee the physical safety of victims, protect their privacy and make it safe for them to testify against their abusers. These issues are part of UNODC's human trafficking training for police, prosecutors and judges.

Tools

In October 2008, UNODC launched its second edition of the Toolkit to Combat Trafficking in Persons. The Toolkit provides practical help to governments, policy-makers, police, NGOs and others to enable them to tackle human trafficking more effectively.

The Toolkit includes checklists to help identify trafficking victims as well as guidance on interviewing victims and victim protection. Chapter 7 of the Toolkit offers Tools addressing the immigration status of victims, and their return and reintegration. Chapter 8 contains 17 Tools dedicated to Victim assistance, covering issues from medical assistance and HIV/AIDS through to restitution and compensation.

Identification

In many countries there is a lack of awareness of the fact that someone like Alexandru could be a victim and not an offender. Trafficking victims also commonly blame themselves for what has happened to them, which can stop them from seeking help. Without identification and recognition as victims of crime, they can unjustly suffer prosecution because of their irregular status.The Toolkit to Combat Trafficking in Persons contains tools to assist in the identification of trafficking victims by law enforcers and health-care providers, including checklists and techniques.

Referral

A "rescuer" must know how to refer victims to experts - whether in official bodies or NGOs- for appropriate support. In 2003, UNODC helped to set up one of the first victim referral mechanisms in the Czech Republic, which led to a national strategy for combating trafficking in persons in that country. UNODC has helped to introduce such systems in Poland and the Philippines. In late 2006, work started on similar services in Moldova and the Slovak Republic. The purpose of such systems is to ensure that a trafficking victim, like Alexandru, is identified as such, that support is available to them and that those who come into contact with the victim act in an appropriate way.

Partnerships

Under a major global project largely completed in 2006, UNODC funded support projects for victims of trafficking run by 19 NGOs in India, Mexico, South Africa, Uganda, Ukraine, Moldova, Pakistan, Indonesia and Thailand. The programme offered emotional and practical support, including health care, legal aid, psychological assistance and referrals. More than 280 victims have been repatriated from India to Nepal alone.

Reintegration

Victims need assistance that extends beyond the end of their exploitation and any criminal prosecution. Vocational training can reduce the risk of them being sucked into exploitative situations again. In 2006, companies in the Philippines joined the fight against re-victimization by participating in the Corporate Apprenticeship programme, a joint initiative between UNODC and the Department for Social Welfare and Development. Trafficking victims are accepted as apprentices for periods of six months to a year to gain on-the-job training in factory work, hospitality and other businesses.

Prosecuting human traffickers

In late 2005, a police officer in a major European city noticed a young boy begging at the entrance of a large shop. The police officer tried unsuccessfully to communicate with the boy. All he would say was, "I'm a tourist, and I'm waiting for my father". The police officer decided to take the boy to a police station. There, he produced a bad copy of a foreign passport. With the help of a translator, a trained police interviewer established that the boy, named Krasimir, was living in the city with a "friend" and that his family was still in his home country. Based on this information, specialist investigators were tipped off. Three more boys were found and the "friend" was arrested. Interviews took place before an investigative judge and a defence lawyer so that the boys did not have to go to court. The interviews revealed that the boys had been forced into begging by the adult "friend," Two months later, the case went to court and the trafficker was sent to prison.

Much of UNODC's work centres on strengthening national criminal justice systems. UNODC's goal is to see a greater number of convictions achieved globally. This means not only that human trafficking must be a criminal offence in the country where an act of trafficking is detected, but also that the law must be enforced.

As in the case of Krasimir, successful convictions depend on the police and others making the right decisions. This can only happen if they have the knowledge and capacity to respond to human trafficking. Things can also go wrong: in some countries, for example, prosecutions are brought but the police fail to protect the identity of witnesses or prevent intimidation of victims and court officials by defendants.

To try to prevent this happening, UNODC helps countries to develop effective law enforcement and criminal justice institutions.

UNODC has helped to develop legislation in many countries. Many human trafficking laws are limited in their application to the sexual exploitation of women and girls. That means they provide no assistance to people like Krasimir or, for example, to women trafficked to work in domestic servitude or sweatshops. Without specialised human trafficking laws, victims are subjected to greater uncertainties while traffickers face reduced risks and penalties.

In 2006, UNODC offered Armenia, Lebanon and South Africa assistance in drafting anti-human trafficking legislation. Criminal justice officials from Burkina Faso, Ghana, Nigeria, Togo, Ukraine and South Africa received specialized training. UNODC assisted NATO in training its senior officials to combat trafficking in persons. Three computer-based training modules to combat trafficking in persons were finalised in Thailand. The Training Manual: Assistance for the Implementation of the ECOWAS Plan of Action against Trafficking in Persons, containing an action plan for West and Central African countries, was launched in 2006.

In 2006-07, UNODC also trained police, border guards, prosecutors, judges and NGO staff in many countries, including Afghanistan, Burkina Faso, Finland, Ghana, Laos, Moldova, Nigeria, South Africa, Ukraine and Vietnam.

Vietnam has one of the highest conviction rates for traffickers in the world, thanks in large part to training by UNODC. More than 110 people have been convicted of human trafficking offences. Following a UNODC cross-border cooperation workshop, the police of China and Vietnam rescued dozens of female victims trafficked for forced marriage. More than 50 trafficking rings were disrupted by late 2006.

SOURCE : http://www.unodc.org/unodc/en/human-trafficking/index.html