Human Trafficking Today's Slavery Hidden In Plain Sight


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Nick Kinsella, independent presentation on how to stop human trafficking to delegates of the 2011 Crime Stoppers International Training Conference in Montego Bay, Jamaica October 26, 2011

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  • Views expressed today are personal and not those of any government or organisation.
  • 4 P’s – now potential to dramatically widen the response through the EU – Stockholm Programme set in the context of Lisbon 2020 and the new EU Commission document – EUROPE 2020 – A EUROPEAN STRATEGY FOR SMART, SUSTAINABLE AND INCLUSIVE GROWTH – BRUSSELS 3.3.2010Come back to partnerships in this context, many, if not most have been locally based – opportunity now for much wider engagement – recently supported by Ambassador De Baca in April 2010. Ireland and the UK - P!, P” and G6 engagement. Joint training for over three years – extending the hostile environment with Ruhamma and IOM.
  • Later point for discussion – early and understandable response to trafficking for sexual exploitationGrowth in knowledge, understanding and response – need to adapt this – e.g. training, victim supportRequirement for flexilbility – identification of new trends – e.g. Out of UK – forced labour and Internal domestic trafficking
  • False focus on just THB convictions – Al Capone approach
  • Portfolio FY 2000-FY 2010
  • Human Trafficking Today's Slavery Hidden In Plain Sight

    1. 1. Nick Kinsella QPM, LLBIndependent Specialist on Combating Human Trafficking CSI Jamaica – 26th October 2011 Copyright RKA Ltd - all rights reserved 1
    2. 2.  Understanding the global context  A snapshot of International activity to combat human trafficking  UN – EU  Understanding the scale and scope – An example - UK data collection Copyright RKA Ltd - all rights reserved 2
    3. 3. • Trafficking can be happening where you are• Its happening here – its a local crime, not just an international one• You don’t have to be foreign to be trafficked• Trafficking is more than sexual exploitation• We all have a role to play to prevent it – Learn the signs Copyright RKA Ltd - all rights reserved 3
    4. 4. Copyright RKA Ltd - all rights reserved 4
    5. 5. It is important to understand the difference between persons who are smuggled and those whoare trafficked; in some cases the distinction between a smuggled and trafficked person will beblurred and both definitions could easily be applied. Copyright RKA Ltd - all rights reserved
    6. 6. • Commodity v Consumer• Non-consensual v Consent/contract• No Freedom v Freedom of movement• No control v Control• Legal/illegal v illegal• National/transnational v Transnational• Money = exploitation v Money = smuggling Copyright RKA Ltd - all rights reserved
    7. 7. • Article 1 – All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.• Article 2 – Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status....• Article 4 – No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all its forms. Source – 7
    8. 8.  Victim Centred Human Rights Based Multi Agency 4 ‘P’s  Protection  Prevention  Prosecution  Partnerships  International and local  Cross sector Copyright RKA Ltd - all rights reserved 8
    9. 9. Source – 9
    10. 10. UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS THERETOIf crime crosses borders, so must law enforcement.If the rule of law is undermined not only in one country, but inmany, then those who defend it cannot limit themselves to purelynational means.If the enemies of progress and human rights seek to exploit theopenness and opportunities of globalization for their purposes,then we must exploit those very same factors to defend humanrights and defeat the forces of crime, corruption and trafficking inhuman beings. Source – 10
    11. 11. ‘I believe the trafficking of persons, particularly women and children, forforced and exploitative labour, including for sexual exploitation, is one of themost egregious violations of human rights that the United Nations nowconfronts.It is widespread and growing. It is rooted in social and economic conditionsin the countries from which the victims come, facilitated by practices thatdiscriminate against women and driven by cruel indifference to humansuffering on the part of those who exploit the services that the victims areforced to provide.The fate of these most vulnerable people in our world is an affront tohuman dignity and a challenge to every State, every people and everycommunity’.Kofi A. AnnanSecretary-GeneralUNITED NATIONSNew York, 2004 Source – 11
    12. 12. Scope of the problem globally –ILO – 2.4 million in forced labour globallyAccording to UNODC – based on nationalstatistics – 22,000 victims were detectedglobally in 2006The United nations estimates the total marketvalue of illicit human trafficking at 32 billionUS dollars, (ILO 2005)UNODC 2010 – THB in Europe for sexualexploitation is one of the most lucrativecriminal businesses where criminals aremaking around 2.5 billion per year.UNODC 2010 – At any one time, over140,000 victims are trapped in traffickingsituations across Europe – no sign of overallnumber of victims decreasing – up to 70,000additional victims exploited each year. Copyright RKA Ltd - all rights reserved 12
    13. 13. Trends reported in UNODC GlobalReport on Trafficking in Persons (2006and 2009)Victims from at least 127 countries havebeen found to be exploited in 137 statesWomen are disproportionately involved asvictims, (2/3 of the reported victims)The majority of traffickers are maleThe number of convictions for humantrafficking is rising, but most convictionsare in a handful of countries. Mostcountries conviction rates rarely exceed 1.5per 100,000, (below the level normallyrecorded for rare crimes like kidnapping inWestern Europe)2 out of every 5 countries covered byUNODC report - no conviction Copyright RKA Ltd - all rights reserved 13
    14. 14. The factsWomen and girls account for about 80% of thedetected victims. Child trafficking accounts forabout 15-20% of the victims.Child trafficking has been detected in all regions ofthe world, and in some countries is the major formof trafficking detected. (UNODC, 2009)Sexual exploitation accounts for about 80% of thedetected cases. Experts believe trafficking inpersons for forced labour is greatly under-detectedor that it is mostly prosecuted under other offences.(UNODC, 2009) Source – 14
    15. 15. The Facts (2)In 30% of the countries where the gender ofthe offender was known, more women wereconvicted for human trafficking relatedoffences than men. (UNODC, 2009)The data on detected cases show that intra-regional trafficking in persons (within aregion) was predominant in most countriesand that trans-regional (across regions),though still significant, was relatively lessfrequent. (UNODC, 2008)Domestic trafficking was detected in at least32 countries among those where informationwas available, and in some countries, it is amajor issue. (UNODC, 2008) Source – 15
    16. 16. Source – 16
    17. 17.  EU Action Plan Lisbon Treaty Stockholm Programme Action Plan Implementing Stockholm AOP Strengthening The EU External Dimension European Parliament Resolution on THB Framework Directive on THB EU Anti-Trafficking coordinator Copyright RKA Ltd - all rights reserved 17
    18. 18.  Common definition of the crime,  as well as aggravating circumstances,  higher penalties and  the principle of non-punishment of the victims for unlawful activities Possibility to prosecute EU nationals for crimes committed in other countries and  to use investigative tools typical for fighting organised crime such as phone tapping and tracing proceeds of crime Specific treatment of particularly vulnerable victims aimed at preventing secondary victimisation  (no visual contact with the defendant),  no questioning on private life,  no unnecessary repetition of the testimony, etc).  It also provides for police protection of victims, and legal counselling to enable victims to claim compensation Copyright RKA Ltd - all rights reserved 18
    19. 19.  Victims support  includes national mechanisms for early identification and assistance to victims, based on cooperation between law enforcement and civil society organisations, providing victims with shelters, medical and psychological assistance, information and interpretation services Prevention aspects  cover measures discouraging the demand that fosters trafficking as well as awareness raising and  trainings aimed at the officials likely to come into contact with victims, and  potential victims to warn them about the risks of falling prey to traffickers Monitoring of the implementation of the measures  should be ensured by National Rapporteurs or equivalent mechanisms.  These independent bodies should have further tasks including giving advice and addressing recommendations to governments Copyright RKA Ltd - all rights reserved 19
    20. 20. Copyright RKA Ltd - all rights reserved 20
    21. 21. The UK Example Copyright RKA Ltd - all rights reserved 21
    22. 22. Slavery was abolished in Britain in 1807 (or 1833, or 1834). The TruthHolding a person in slavery became illegalin the UK on 6th April 2010.(Section 71 of the Coroners and Justice Act 2009 makes it anoffence in the UK to hold a person in slavery or servitude, orrequire a person to perform forced or compulsory labour.The maximum penalties are seven and 14 years imprisonmentrespectively). Copyright RKA Ltd - all rights reserved 22
    23. 23.  A need to enhance the UK response to all aspects of Human Trafficking including: Sexual Exploitation Forced Labour Domestic Servitude Internal Domestic Trafficking Illegal Organ Harvesting Other? Into / within / out of the UK Copyright RKA Ltd - all rights reserved 23
    24. 24. • Home grown• Fruit and Vegetables• Ice cream Copyright RKA Ltd - all rights reserved 24
    25. 25. Copyright RKA Ltd - all rights reserved 25
    26. 26. 116 Prosecutions –  96 Sexual Exploitation  20 Labour ExploitationPrevious Figures Charged offences reaching a first hearing in Magistrates Court for sexual exploitation [S57, 58, 59] From 2004 to 30/06/10: There have been 364 Charged offences reaching first hearing in Magistrates Court for labour exploitation [section 4] From 2004 to 30/06/10: There have been 37 Copyright RKA Ltd - all rights reserved 26
    27. 27. The National Referral mechanism and project Acumen Copyright RKA Ltd - all rights reserved 27
    28. 28.  1481 Nationals from 88 countries represented. 10 nationalities account for 954 (64%) of all referrals Largest source countries of referrals  Nigeria – 262  China – 167  Vietnam – 145  Romania - 77  Czech Republic - 68  Slovakia – 59  United Kingdom – 52  Uganda – 50  India - 40  Albania –34 Source - Copyright RKA Ltd - all rights reserved 28
    29. 29. • 2600 are trafficked. These are highly vulnerable people. Although most are not subject to violence themselves, many are debt-bonded and strictly controlled through threats of violence to family members. 1300 of these women are from China, and most of the rest are from South East Asia (primarily Thailand) and Eastern Europe.• 9200 are considered to be vulnerable. Although they have elements of vulnerability to trafficking, most are likely to fall short of the trafficking threshold. There may be cultural or financial factors which prevent them from exiting prostitution (or seeking help to do so) but they tend to have day to day control over their activities, and although they may have large debts they generally do not consider themselves to be debt--‐bonded. The majority of women in this category are from Eastern Europe (4100), followed by those from China and South East Asia (3700). The remaining women are from South America and Africa.• 5500 do not meet the ‘trafficked’ or ‘vulnerable’ thresholds. These women were aware before leaving their home country that they would likely become involved in prostitution, live and work largely independently of third party influence, keep a significant proportion of the money they earn and are not subject to debt--‐bondage or threats of violence. 85 per cent of migrants in this category are from Eastern Europe, and there are relatively few barriers preventing them from existing prostitution and returning to their countries of origin. *Foreign nationals only Source – ACPO website
    30. 30. Nationally and Internationally –Progress has been made incountering human traffickingMuch more to do!In 2011 – are we still turningthe stone?How do we measure success?
    31. 31.  Nature and extent of trafficking Prosecuting traffickers Detecting and investigating traffickers Reduction in demand for trafficking Services for trafficking victims Labour trafficking But the truth remains that………………….. Copyright RKA Ltd - all rights reserved 31
    32. 32. Human Trafficking -Isn’t yet History; it’s still news. Copyright RKA Ltd - all rights reserved 32
    33. 33. Where are we now -Tip of the iceberg oraccurate picture? Copyright RKA Ltd - all rights reserved 33
    34. 34. +44 (0) 77871 93062 Copyright RKA Ltd - all rights reserved 34