@UNDOC Steve Thurlow (Organized Crime - Illicit Trafficking Branch, Vienna) presentation to 2011 Crime Stoppers International Training Conference in Montego Bay, Jamaica October 26, 2011 "Trafficking In Persons & Smuggling of Migrants
Victims – victims of trafficking in persons vs smuggled migrants victims of other crimes Trafficking in persons shall mean : [ act: ] the recruitment, transportation, transfer, harbouring, or receipt of persons [ means: ] by means of the 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 [ purpose: ] 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. Smuggling of migrants shall mean: the procurement, of the illegal entry of a person into a State of which the person is not a national or a permanent resident. in order to obtain, directly or indirectly, a financial or other material benefit.
In 2008, undertook a global research on national responses to trafficking in persons. The official data collected for the period 2003-2007 was included in a Global Report which was launched in February 2009 During the considered period, the capacity of the governments to detect victims of trafficking in persons raised globally by about 27%. This can be easily explained by the overall increased number of laws targeting the issue, resulting in an increased number of criminal proceedings conducted during the same period. So, globally, the number of convictions is increasing, but not proportionally to the growing awareness (and probably size) of the problem. Most convictions occur in a few countries. To date, 40% of countries have never recorded a single conviction. Thus a large area of impunity remains. SUMMARY: Global baseline data on criminal justice responses 32% of the countries recorded no prosecutions from 2003 to 2007. 40% of the countries recorded no convictions from 2003 to 2007. 19% of the countries that had a specific offence on trafficking in persons recorded no convictions from 2003 to 2007.
I will outline the seven key strategic areas where UNODC provides technical assistance: Poster and leaflet campaigns Public service announcements on TV and radio training film Affected for Life the Blue Heart Campaign, a global awareness raising initiative to fight human trafficking and its impacts on society.
Data on the extent and nature of trafficking in persons are crucial to the design and implementation of effective countermeasures. The assessment and research activities conducted by UNODC on trafficking in persons and related activities have contributed to improving the knowledge of shortcomings in the implementation of the Trafficking in Persons Protocol.
In order to address the lack of comprehensive national legal frameworks, UNODC provides legislative assistance in many countries of the world. Such assistance includes: - assessment of existing relevant legislation; - legal reviews of the gaps between existing legislation and Protocol obligations, and consultation with and advising of multiple parties on implementation; - Canvassing support for the adoption of necessary legislation. In 2009, we finalized a Model Law Against Trafficking in Persons (and more recently a M odel Law against the Smuggling of Migrants. These include a comprehensive set of provisions, and are flexible enough to meet the special needs of a diverse range of legal systems. They also take into account provisions of relevant international instruments. UNODC, together with UN.GIFT and the Inter-Parliamentary Union developed a Handbook for Parliamentarians to combat trafficking in persons . The Handbook is intended to inspire them to enact sound laws and adopt good practices that will strengthen national responses to human trafficking. It also contains a compilation of international laws and good practices developed to combat human trafficking and offers guidance on how national legislation can be brought in line with international standards. It outlines measures to prevent the commission of the crime, to prosecute offenders and to protect its victims. .
AHTMSU works closely with national authorities in developing policies and action plans against human trafficking. The International Framework for Action is a technical assistance tool that supports United Nations Member States in the effective implementation of the Trafficking in persons Protocol and proposes general measures that can be taken in order to more effectively address these challenges. Needs Assessment Toolkit on the Criminal Justice Response to Human Trafficking. Aims to guide assessors to conduct a comprehensive or specific assessment of selected aspects of a country's criminal justice response to trafficking in persons. Toolkit to Combat Trafficking in Persons, currently in its third edition. Contains 123 tools, recommended resources and best practices for all those involved in preventing trafficking, assisting victims and promoting international cooperation.
We have also published an Advanced Training Manual for Criminal Justice Practitioners . The manual is composed of 26 modules that address each phase of criminal justice response to trafficking in persons, from identification of victims through investigations and prosecutions of traffickers to the protection of victims. Each module is designed to stand alone in meeting the specific needs of a particular phase of criminal justice response it seeks to address. wide-circulation modules. 12 restricted circulation modules address areas such as: use of informants in TIP investigations, financial investigation in TIP, interviewing child victims etc. We also recently launched a first aid kit aimed to be used by first responders to identify, detect TIP offences and assist victims. On the slide you see an example of UNODC e-Learning, which is being delivered in more than 50 countries and more than 20 languages. It has received the prestigious United Nations 21 award for its high quality and effective means of delivering law enforcement training throughout the world.
Victim protection and support is a central component of technical assistance projects carried out by UNODC. This is an important element of our model legislation, advocating a victim-centred approach to investigation and prosecution of HT offences, and the promotion of cooperation between law enforcement authorities and NGOs.
And finally, our work in fostering international cooperation, brings together the main players involved in investigation, prosecution, adjudication of TIP and assistance/protection of victims (Central Authorities, investigators, prosecutors, judges, NGOs) from origin and main transit and destination countries Main goals: To improve professional competencies and skills of law enforcement and judicial practitioners to effectively investigate/prosecute/adjudicate transnational TIP offences To facilitate the establishment/reinforcement of personal contacts among those who request and provide information and/or evidence in source, transit and destination countries To facilitate the establishment of the cooperation mechanism between NGOs and law enforcement agencies with regard to victims identification, protection and assistance To contribute to the improvement of domestic laws and implementing practices
@UNDOC Human Trafficking-Crime Stoppers International 2011
Trafficking in Persons & Smuggling of Migrants: UNODC's role in addressing them Steve Thurlow Organized Crime and Illicit Trafficking Branch, Vienna
Smuggling of Migrants Protocol and Trafficking in Persons Protocol supplementing the United Nations Convention against Transnational Organized Crime Promote global adherence Assist States in Implementing UNTOC + Protocols Legislation Criminal justice response UNODC Evidence-based knowledge
Purpose of the Protocols <ul><li>SOM Protocol </li></ul><ul><li>(Article 2) </li></ul><ul><li>Prevent and combat migrant smuggling </li></ul><ul><li>Protect the rights of smuggling migrants </li></ul><ul><li>Promote cooperation </li></ul><ul><li>Prosecute offenders </li></ul><ul><li>TIP Protocol </li></ul><ul><li>(Article 2) </li></ul><ul><li>Prevent and combat trafficking in persons </li></ul><ul><li>Protect and assist victims of trafficking </li></ul><ul><li>Promote cooperation </li></ul><ul><li>Prosecute offenders </li></ul>
Compare & Contrast Smuggling of Migrants (SoM) v. Trafficking in Human Beings (THB) Consent Exploitation Border Crossing SoM Required Not required Required THB Becomes irrelevant Required Not required
Trafficking Trends <ul><li>Human trafficking affects every country of the world, as countries of origin, transit or destination; </li></ul><ul><li>Sexual exploitation the most commonly identified form of human trafficking (79%) followed by forced labour (18%); </li></ul><ul><li>Disproportionate number of women are involved in human trafficking both as victims and as culprits. </li></ul>
Total number of victims identified by State authorities in 71 selected countries VICTIMS DETECTED TREND: The capacity to detect victims has increased (+27% victims detected globally) Source: UNODC/UN.GIFT Global Report TIP, 2009:
Victim Protection and Support <ul><li>- TIP and SOM Model laws </li></ul><ul><li>- Victim centered approach (supported within all 23 TIP technical assistance projects) </li></ul><ul><li>- Promotion of Law enforcement – NGO cooperation </li></ul>
International Cooperation <ul><li>Regional workshops & Handbook on International Cooperation in TIP cases </li></ul><ul><ul><li>Balkans; East Asia; Central Asia </li></ul></ul><ul><li>United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) </li></ul><ul><li>Alliance against Trafficking in Persons, OSCE </li></ul><ul><li>Global Migration Group </li></ul><ul><li>Inter-Agency Cooperation Group Against Trafficking in Persons (ICAT) </li></ul><ul><li>Regional organizations </li></ul><ul><li>Non governmental organizations </li></ul>