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Human Trafficking and Smuggling

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Smuggling of Migrants (SoM) v. Trafficking in Human Beings (THB) Required. Not required ... Trafficking of human beings is only about sexual exploitation ... – PowerPoint PPT presentation

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Title: Human Trafficking and Smuggling


1
  • 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

2
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

3
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

4
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 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.
  • (UN Protocol against the Smuggling of Migrants by
    Land, Sea and Air)

5
(No Transcript)
6
PROTOCOL AGAINST SMUGGLINGPURPOSES
  • To prevent and combat smuggling
  • To promote cooperation amongst States
  • Whilst protecting the rights of smuggled migrants

7
(No Transcript)
8
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

9
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

10
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

11
Characteristics of Trafficking
12
Consent
  • The consent of a 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.

13
Compare Contrast Smuggling of Migrants (SoM)
v. Trafficking in Human Beings (THB)
14
Misconceptions about Trafficking
  • All traffickers are men
  • Trafficking of human beings is only trafficking
    of women
  • Trafficking of human beings is only about sexual
    exploitation
  • Trafficking is exclusively an international
    problem, not a national one

15
Types of Exploitation
16
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.

17
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

18
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

19
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

20
  • Some International Trafficking Routes in the
    Americas
  • Source www.pbs.org

21
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

22
IOMs Approach to Combating Trafficking
  • Victim-centred and Rights-based
  • Concern for the victim lies at the centre of all
    IOMs activities.

23
The Three Ps
PREVENTION
PROTECTION
PROSECUTION
Root causes Awareness Raising Sound Migration
Policies
Assistance Empowering Victims Human Rights Based
Criminalisation Investigation International
Cooperation
24
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
  •  

25
Recent developments UN.Gift
  • Building Awareness
  • Broadening the knowledge base of data, facts and
    statistics on global trafficking
  • Stepping up technical assistance

26
Summary
SUMMARY
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