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Irregular Migration and Human Trafficking in Nigeria
1. Presentation byPresentation by
D. Tola Winjobi (PhDD. Tola Winjobi (PhD))
IRREGULAR MIGRATIONIRREGULAR MIGRATION
AND HUMANAND HUMAN
TRAFFICKING INTRAFFICKING IN
NIGERIA: ISSUES ANDNIGERIA: ISSUES AND
INSIGHTSINSIGHTS
2. IRREGULAR MIGRATION ANDIRREGULAR MIGRATION AND
HUMAN TRAFFICKINGHUMAN TRAFFICKING
AN INTERNATIONAL CONFERENCE
ORGANIZED BY
COOPERAZIONE
INTERNATIONAZIONALE SUD SUD,
PALERMO, SICILY, ITALY
AS PART OF THE
PROJECT BINIs (Best Practices in Tackling
Trafficking Nigerian Route) 28th
-30th
January, 2019
3. PRESENTATION OUTLINEPRESENTATION OUTLINE
1. Irregular migration "undocumented
immigrants" or "unauthorized immigrants" ,
“illegalised migrants
2. Trafficking in person/Smuggling of migrants
3. NAPTIP/Acts 2003, 2005 and 2015/Data
4. Causes and danger of human trafficking:
Supply vs Demand
5. Suggestions for curbing human trafficking
4. IRREGULAR MIGRATIONIRREGULAR MIGRATION
Illegal immigration is the migration of
people across national borders in a way that
violates the immigration laws of the
destination country.There have been
campaigns to discourage the use of the
term 'illegal immigrant' in many countries
since 2007, generally based on the
argument that the act of immigration may be
illegal in some cases, but the people
themselves are not illegal.
5. IRREGULAR MIGRANTIONIRREGULAR MIGRANTION
• In the US, a "Drop the I-Word" campaign
was launched in 2010;
‘irregular migrants” = "undocumented
immigrants" = "unauthorized
immigrants" = "illegalized immigrant" =
foreign nationals who reside in a country
illegally.[6]
Focus is on the actions of the
state, which actively denies people legal
status.[7] https://en.wikipedia.org/wiki/Illegal_immigration
6. TRAFFICKING IN PERSONTRAFFICKING IN PERSON (TVPA of 2000)(TVPA of 2000)
• The recruitment, harbouring, transportation,
provision or obtaining of persons for:
the purpose of a commercial sex act, in which the act
is induced through force, fraud, or coercion, or in
which the person forced to perform the act has not
yet reached 18 years of age;
OR
for labour or services, through the use of force,
fraud, or coercion, for the purpose of subjection to
involuntary servitude, peonage, debt bondage or
slavery
• (Trafficking Victims Protection Act 2000)
7. TRAFFICKING INTRAFFICKING IN PERSON (ACTPERSON (ACT
2003)2003)
Trafficking in persons as defined by Sec. 64 of
the TIP Act (2003) is “all acts and attempted
acts involved in the recruitment, transportation
within or across Nigerian borders, purchases,
sale, transfer, receipts or harboring of a person
involving the use of deception, coercion or debt
bondage for the purpose of placing or holding
the person whether for or not in involuntary
servitude (domestic, sexual or reproductive) in
false or bonded or in slavery like condition’.
8. TRAFFICKING IN PERSONTRAFFICKING IN PERSON
• Comprehensive Definition, TIP:
The action of recruitment, transportation,
transfer, harbouring, or receipt of persons 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 for
the purposes of exploitation, which includes
exploiting the prostitution of others, sexual
exploitation, forced labour, slavery or similar
practices, and the removal of organs
9. TIP vS SOMTIP vS SOM
Smuggling of migrants and human trafficking both involve moving human
beings for profit.
However, in the case of human trafficking, two additional elements beyond
smuggling must be present: there must be some improper form of
recruitment, such as coercion, deception or some abuse of authority; and
the activity must have been undertaken for some exploitive purpose,
although that purpose need not necessarily have been fulfilled.
In human trafficking, the major source of revenue for offenders and the
economic driving force behind the offence are the proceeds derived from
the exploitation of victims in prostitution, forced labour or in other ways. In
smuggling, the smuggling fee paid by the illegal migrant is the major
source of revenue and there usually is no ongoing relationship between
the offender and the migrant once the latter has arrived at the destination.
The other major difference between smuggling and trafficking is that
smuggling is always transnational in nature, but trafficking may or may not
be.
10. TIP vS SOM (CONTD.)TIP vS SOM (CONTD.)
Human Trafficking
• Victims do not
consent to being
trafficked
• Ongoing exploitation
of victims generates
profits for traffickers
* Trafficking can occur
within one country
Smuggling of Migrant
• Migrants consent to being
smuggled
• The smuggling
relationship usually ends
at border or when
payment is made
• Smuggling always
involves crossing a
11. TIP vS SOM (CONTD.)TIP vS SOM (CONTD.)
There are three important differences:
•Consent
The smuggling of migrants, while often undertaken in dangerous or degrading
conditions, involves migrants who have consented to the smuggling. Trafficking
victims, on the other hand, have either never consented or, if they initially consented,
that consent has been rendered meaningless by the coercive, deceptive or abusive
actions of the traffickers.
•Exploitation
Smuggling ends with the migrants’ arrival at their destination, whereas trafficking
involves the ongoing exploitation of the victim. From a practical standpoint, victims of
trafficking also tend to be affected more severely and to be in greater need of
protection from revictimization and other forms of further abuse than are smuggled
migrants.
•Transnationality
Smuggling is always transnational, whereas trafficking may not be. Trafficking can
occur regardless of whether victims are taken to another State or only moved from
one place to another within the same State.
12. Common Forms of Human TraffickingCommon Forms of Human Trafficking
• Labour Trafficking:
Domestic servitude Food service industry
Agricultural labor Begging
o Sex Trafficking:
Street work Dancers
Brothels Pornography
Massage parlours
13. Global Perspective on LaborGlobal Perspective on Labor
TraffickingTrafficking
• Approximately 15-20 million in bonded
• labor in India, Pakistan, Bangladesh, &
• Nepal (Bales, 1999).
• The remaining (of the estimated 27
million) are primarily in Southeast Asia,
Northern & Western Africa, and parts of
North & South America (Bales, 1999).
14. Perspectives (contd)Perspectives (contd)
• Countries of origin are primarily: South
Asia, Southeast Asia, Latin America and
the Caribbean, former Soviet republics,
Eastern Europe, and Africa.
• Countries of destination primarily
include:
• United States, Japan, Canada, and many
countries in Western Europe.
15. How Many People are Victims?How Many People are Victims?
• Statistics about instances of human
trafficking vary widely.
• The United States Department of State
estimates that 600,000 to 800,000
individuals are trafficked across
international borders each year (TIP,
2007, 2008).
• Of these, 14,500 to 17,500 are trafficked
into the United States each year.
16. Statistics (contd.)Statistics (contd.)
• The International Labor Organization (ILO )
estimates there are 12.3 million people in forced
labor, bonded labor, forced child labor, and
sexual servitude at any given time.
• Research by Kevin Bales indicates that 27
Million people are enslaved worldwide at any
given time (2004).
• Kathryn Farr’s research shows that 4 million
people are enslaved worldwide at any given
time, 1 million of whom are in sex slavery
(2005).
17. NIGERIAN EXPERIENCENIGERIAN EXPERIENCE
According to Trafficking in Persons
Report (2010), Nigeria is a
source, transit, and destination
country for women and children
subjected to trafficking in
persons, specifically in conditions
of forced labor and forced
prostitution.
18. NIGERIAN EXPERIENCE (CONTD)NIGERIAN EXPERIENCE (CONTD)
• Children from West African states
like Benin, Mali, Togo, and Ghana –
where Economic Community of
West African States (ECOWAS) free
movement rules allow for easy entry
– are also forced to work in Nigeria,
and some are subjected to
hazardous jobs in Nigeria’s granite
mines.
19. NIGERIAN EXPERIENCE (CONTD)NIGERIAN EXPERIENCE (CONTD)
Nigerian women and girls are taken to
Europe, especially to Italy, Spain, and
Russia, and to the Middle East and North
Africa, for forced prostitution. Many
young women are forced into prostitution
sometimes by their parents, as it was
shown in the docu-drama of our project
tagged “Dead End” or as a result of the
difficult economic and social conditions in
which they find themselves in Nigeria.
20. NIGERIAN EXPERIENCE; SOME DATANIGERIAN EXPERIENCE; SOME DATA
• The United States Department of State estimates that
600,000 to 800,000 individuals are trafficked across
international borders each year (TIP, 2007, 2008).
• Data suggest that women and girls comprise 80% of
the individuals trafficked across national borders.
Approximately 70% of victims are trafficked for
commercial sexual exploitation.
Data does not include the millions of individuals who are
trafficked within their own countries.(2005, 2006 16
TIP Report)
21. SOME DATA (CONTD.)SOME DATA (CONTD.)
• Nigerian victims of human trafficking were
found in about 40 different countries including
US, Canada, France, Italy, Spain, and Russia.
*18 000 Nigerians arrived in Italy via the
Mediterranean Sea from north Africa in 2017
alone (IOM).
‘’80 percent of all female Nigerian migrants in
Italy are or will become sex trafficking victims’’.
22. Some data (contd.)Some data (contd.)
*The Immigration Service has estimated that
around 10 000 nationals died in the Sahara
desert or in the Mediterranean Sea between
January and May 2018.
Some 36 000 Nigerians were stuck in
Libya or neighbouring Niger in December
2018 (IOM).
* There are over one million Nigerian
residents in Mali, out of which about 20,000
are trapped into forced prostitution.
23. Organizations on Human Trafficking in Nigeria &
rescued victims returned to the NAPTIP
S/N Organizations Rescued
cases
1. NAPTIP (National Agency for the Prohibition of Trafficking in Person) 259
2. Nigeria Immigration Service (NIS) 71
3. Nigerian Embassies 43
4. Good Citizens 42
5. Foreign Police 25
6. Nigeria Police Force 24
7. State Governments 12
8. International Organisation for Migration (IOM) 12
9. National Human Rights Commission 7
10. National Drug Law Enforcement Agency 6
12. Department of State Services 5
13. Non-Governmental Organisations (NGOs) 5
14. Federal/State Ministry of Women Affairs 3
Total 517
Adapted from: NAPTIP, 2018
24. Type of victims of trafficking with gender
disposition of rescued victims
S/N Type of trafficking Male Female Total
1 Procurement for sexual exploitation or Prostitution internally 3 104 107
2 Procurement for sexual exploitation or Prostitution externally 0 81 81
3 Procurement for Foreign Travel which Promotes Prostitution 1 19 20
4 Victims bought or sold for any purpose 5 17 22
5 Forced Labour within Nigeria 22 17 39
6 Forced Labour outside Nigeria 8 16 24
7 Child domestic labour 12 49 61
8 Slavery/slavery like conditions 3 1 4
9 Smuggling of Persons 0 8 8
10 Wandering 1 1 2
11 Abduction from Guardianship 2 0 2
12 Sexual abuse 0 26 26
13 Child Abuse 22 47 69
14 Illegal child adoption 5 1 6
15 Forced marriage 0 2 2
16 Missing child 0 7 7
17 Abandoned children 5 0 5
18 Street begging 1 4 5
19 Family crisis 0 3 3
20 Orphan 1 1 2
21 Child of suspect 1 0 1
22 Child of victim 1 0 1
23 Irregular migration 0 2 2
24 Sales of baby 5 12 17
25 Incest 1 0 1
25. RESCUED VICTIMS’ AGE RANGERESCUED VICTIMS’ AGE RANGE
Age Male Female Total
0-11 years 46 73 119
13-17 years 40 136 176
18+ above 16 206 222
Total 102 415 517
Source: National Agency for the Prohibition of Trafficking
in Persons, Research and Programme Development
Department, April to September 2018
26. Summary of Cases from 2003
to June 2018
S/N Cases Inception to
June 2018
1. Total number of cases received 6290
2. Total number of cases
investigated
3671
3. Total number of victims
rescued
13350
4. Total number of convictions 302
5. Total number of convicted
persons
364
Source: National Agency for the Prohibition of Trafficking in Persons,
27. actS/PenaLtYactS/PenaLtY
Victims are recruited into a wide range of exploitative
activities including begging, domestic servitude, internal
and external sexual exploitation, prostitution and
exploitative labour practices
- These acts were anticipated and provided for in the
trafficking in persons law enforcement and administration
Act (2003) as amended in 2005, with appropriate penalty
attached to the crimes ranging from 12months
imprisonment for an attempt to commit any of the
offences to life imprisonment for offenses like slavery,
exportation or importation of a person under 18 years for
prostitution.
28. PaLeRmo/act 2003PaLeRmo/act 2003
• In 2000 and 2001 respectively, Nigeria
signed and ratified the United Nations
transnational crime convention and its
supplementing protocol on trafficking in
persons of December, 2000.
• The protocol was subsequently
domesticated by the parliament of the
Federal Republic of Nigeria, as the
Trafficking in Persons Prohibition, Law
Enforcement and Administration Act
29. amendment 2005/act 2015amendment 2005/act 2015
The Trafficking in Persons (Prohibition) Law
Enforcement and Administration Act, 2003 went
through an amendment in 2005 in a bid to
further strengthen the Agency. However, in
2015, as a result of the new trends in the crime
of trafficking in persons and the need to further
strengthen the institutional framework, the Act
was repealed and the Trafficking in Persons
(Prohibition), Enforcement and Administration
Act, 2015 was enacted. The new Act received
Presidential assent on 26th March 2015.
30. naPtIPnaPtIP
• The National Agency for the Prohibition of
Trafficking in Persons (NAPTIP) was
created on 14th of July 2003 by the
Trafficking in Persons (Prohibition)
Enforcement and Administration Act 2003.
• The Agency is the Federal Government of
Nigeria’s response to addressing the
scourge of trafficking in persons.
31. • It is a fulfillment of the country’s
international obligation under the
Trafficking in Persons Protocol to prevent,
suppress and punish trafficking in
persons, especially women and children,
supplementing the United Nations
Transnational Organized Crime
Convention (UNTOC).
32. • Nigeria became a signatory to the
Transnational Organized Crime
Convention and its Trafficking in Persons
Protocol on 13th December, 2000. Article
5 of the Trafficking Protocol enjoins States
Parties to criminalize practices and
conduct that subject human beings to all
forms of exploitation which includes in the
minimum sexual and labour exploitation.
33. SUMMARY OF NATIONAL RESPONSESUMMARY OF NATIONAL RESPONSE
TO HUMAN TRAFFICKING IN NIGERIATO HUMAN TRAFFICKING IN NIGERIA
• The ratification of the Palermo Protocol on
December 28th June, 2001
• Enactment of TIPPLEA Act 2003 on -14th July
2003
• Establishment of NAPTIP on the 14th July,
2003
• Amendment of the Trafficking in Persons
(Prohibition) Law Enforcement and
Administration Act, (TIPPLEA) 2003 in
December 2005
34. SUMMARY OF NATIONAL RESPONSESUMMARY OF NATIONAL RESPONSE
•Setting up the National Task Force on TIP on
October 4th, 2006
•Establishment of the Victims of Trafficking
Trust Fund in 2008
• Signing of bilateral and multilateral
agreements
•Approval of the National Policy on Protection
and Assistance to TraffickedPersons in Nigeria
by the Federal Executive Council (FEC) on the
12th of November, 2008
35. SUMMARY OF NATIONAL (Contd)SUMMARY OF NATIONAL (Contd)
•Approval of the National Plan of Action on
TIP by the Federal Executive Council (FEC)
in 2008
• Re-enactment of the Trafficking in Persons
(Prohibition) Enforcement and
Administration Act 2015 on 26th
March 2015.
36. caUSeS oF HUman tRaFFIcKInGcaUSeS oF HUman tRaFFIcKInG
The causes are classified into two:
1. Supply or Push Factors:
Absence or lack of “goodies” and
opportunities in countries of origin
2. Demand or Pull Factors:
Presence of “goodies” and opportunities
in destination countries
37. SUPPLY FactoRSSUPPLY FactoRS
• Poverty
• Political instability
• Social unrest or armed conflict
• Real or perceived opportunity for a
better life
• Absence of social safety net
• Absence of employment opportunities
• Violence against women and children
38. demand FactoRSdemand FactoRS
Demand for sex work:
• Demand for prostitution and other aspects
of the sex industry is high throughout the
world.
Demand for cheap labor:
• Corporations seek to produce their product
at the lowest possible cost.
Potential profits are very high:
• Trafficked persons can be bought and sold
many time.
39. caUSeS oF tIP In nIGeRIacaUSeS oF tIP In nIGeRIa
• Nigerian socio-economic condition
ossifies youth employment (hunger, poverty,)
• Ethno-religious violence (Jos, Bauchi,
Maiduguri, Damaturu, Yola – Fulani and Boko
Haram mayhem)
• Gender-based discrimination (sex
preference, less education for girls)
• Porous borders/corrupt border
officials
40. caUSeS tIPcaUSeS tIP (contd)(contd)
• Grounded infrastructure: bad road
networks, epileptic power supply,
educational institutions in shambles,
health facilities in decay etc
• Misplaced priority/continuity of
governments: different policies; MPs
allowance vs minimum wage (N18,000);
9 additional federal universities vs
starving of existing
• Lack of political will and commitment to
41. danGeRS InHeRent IndanGeRS InHeRent In
tIPtIP• Road/sea catastrophes
• Inclement weather condition
• Asphyxia in the desert
• Lack of food and water leading to eating junks
and drinking urine
• Swindling by natives
• Extortion by local security operatives
• Arrest and detention
• Sexploitation (sexual exploitation)
• Deportation
• Execution
44. CURBING TIPCURBING TIP
• In line with Article 9 of the Palermo protocol which
requires states to implement comprehensive
measures to prevent human trafficking, the trafficking
in persons (prohibition ) law enforcement and
administration Act (2003) as amended empowers
NAPTIP to adopt measures to increase the
effectiveness of eradication of trafficking in persons.
• Investigate and prosecute human traffickers to
enhance the effectiveness of law enforcement agents
to suppress traffic in persons.
• Take charge, supervise, control and coordinate the
rehabilitation of trafficked persons.
45. ThREE P’SThREE P’S
• The legal frame work for intervention in the
crime of human trafficking in Nigeria addresses
the three P’s in the combat against human
trafficking, :
• Prevention of trafficking
• Protection of victims of trafficking
• Prosecution of trafficking offenders
• (4th
P = partnership).
CAFSO
46. PREVENTIONPREVENTION
• With the establishment of NAPTIP, the
government of Nigeria commenced an
aggressive and integrated prevention
programme, which involves awareness
creation, public education, research
work into the root causes of human
trafficking and emerging issues in
human trafficking
47. PROTECTIONPROTECTION
• The Agency is empowered to provide
counseling and recovery services to victims
of human trafficking; medicare and
psychological assistance, counseling and
skill acquisition programme, voluntary return
and reintegration with their communities. In
this regards, NAPTIP presently has a victim’s
shelter at the Headquarters and 7 zonal
officers while states are also encouraged to
establish shelters for rehabilitation of victims.
48. PROSECUTIONPROSECUTION
• The TIP Act 2003, vests the power to
arrest, search and seize as well as to
prosecute offenders on NAPTIP.So far
less than 100 human traffickers have
been sentenced for crimes of human
trafficking in Nigeria. Out of 88 cases,
33 were charged to court while 20
persons were convicted in 2018.
• (4th
P = Partnership)
49. PARTNERShIPPARTNERShIP
Govt’s partnership with cross sections of
the society is important.
The fight against human trafficking is like
the fight against terrorism which must
involve not only government but also
development partners (IOM,UNDP,ILO),
donors, CSOs, gate keepers, community
leaders, opinion leaders, religious
leaders, market women, parents, youths
and children.
50. AFRICAN GOVERNMENTSAFRICAN GOVERNMENTS
• Governments across Africa should give us
good governance, make democracy work,
respect human rights, and uphold the rule of
law. Lack of these breeds anarchy, insurgency,
war etc.
• They should summon political will necessary to
bring about development in their respective
countries as Africa has both human and natural
resources enough to develop Africa. Corruption
breeds poverty, unemployment, and irregular
migration.
51. STRENGThENING LAWS ANDSTRENGThENING LAWS AND
POLICIESPOLICIES
To be strengthened and made effective are
existing laws and conventions on Labour and
migration such as:
•The Declaration of the Right of Development,
adopted by the UN General Assembly on
December 4, 1986
•International Convention on the Protection of
Rights of all Migrants and members of their
Family; and
•United Nations Convention against
Transnational Organized Crime (+ 3 protocols)
52. DEVELOPED COUNTRIES’DEVELOPED COUNTRIES’
MIRGATION POLICIESMIRGATION POLICIES
• Better management of migration is linked
to achieving human rights. Migration
policies in developed countries should
wear human rights face. Punishments
often meted out to irregular migrants
• such as torture, degrading treatments,
sexual exploitation, lack of access to legal
representation defy human rights logic.
53. INCLUSIVE MIGRATION POLICIES:INCLUSIVE MIGRATION POLICIES:
Developed countries should enact
migration policies which factor in the role
of the migrants in addressing challenges
such as irregular migration, human
trafficking, smuggling of persons, racial
discrimination since those policies affect
the migrants either directly or indirectly.
It is fair enough to allow them have a say
in the policies that affect them.
54. PROMOTING SDG 8PROMOTING SDG 8
Governments and multilateral organizations
should make the right to development as
their core principles of their business
affecting migration in line with Goal 8 of the
SDGs. They should promote development-
oriented policies that support decent job
and protect the rights of migrant workers
rather than exploitation of migrants and
provision of 3D jobs: dirty, dangerous, or
demeaning.
57. NEEDS OF VhTNEEDS OF VhT
• Since they could not send anything home again,
they are ashamed to go home to see those they
left behind. Some of them eventually become
commercial sex workers; the job they were doing
when in Europe before repatriation. Some go
begging, while some become destitute
wandering about. Some have their rights
violated in the process, and could not seek
redress.
58. ShELTER FOR VhTShELTER FOR VhT
• Therefore in the spirit and letters of Universal Declaration of Human
Rights, the victims of human trafficking need their self-worth to be
restored after being sexually abused and exploited by both the
traffickers and their house masters/mistresses. They need
protection from their captors who could muster financial and
powerful connections to deal with their victims if the latter reveal
their identity. They need the rights to seek justice under the law
without fear or favour dealing with their traffickers. Most importantly,
they need to be empowered with skills and equipment necessary to
make them useful to themselves and be re-integrated to the society.
As a matter of fact, many of them want to live a decent and better
life. They need a place of abode and succour which might offer
temporary shelter for them. All these are constraints making it
difficult to attain their rights because the victims are ignorant of how
to seek justice within the law.
59. ShELTER FOR VhTShELTER FOR VhT
• Establishing a shelter for the victims would provide succour and
emotional catharsis for the victims through counselling. A temporary
shelter would serve as a place of protection and rehabilitation. The
shelter would be providing Self Employment Skill Acquisition
Scheme (SESAS) where the victims of human trafficking would have
access to specific trades/skills before integration to their homes or
larger community so as to boost their psychosocial needs and
improve their socio-economic status. Among the trades are,
adire/batik making, tailoring/fashion designing, hair dressing, shoe
repairing, carpentry, GSM (handset) repair, ICT, photography etc.
SESAS training may last between three to six months, after which
the project will make provisions for purchase and presentation of
equipment to each of the victims that is ready to integrate. The
victims would be housed for a period ranging between three and six
months before they depart for reintegration into the society.
60. JUSTIFICATIONJUSTIFICATION
• During one of our Focus Group Discussions on our project (Irregular
migration: filling the information gap), we had a number of returnees
(victims of human trafficking) who persuaded us to organize
empowerment programme for them so that they could be fending for
themselves and building a happy home. We could not do it because
we do not have the resources and more so, it was out of the focus of
our project. Some of them narrated their personal experiences to
the audience. One later opened up sending her contribution to our
Migrationaware facebook page and googlegroup listserve. Her email
address is opennesskukulaja@yahoo.com .This is an opportunity to
come to the aid of such victims in Nigeria.
61. THANK YOU!THANK YOU!
D. Tola Winjobi (Ph.D)
CAFSO-WRAG for Development
Atanda Estate, Alaaka, Klm5 Ife/Ibadan Expressway,
Box 15060, Agodi Post Office, Ibadan
NIGERIA
tola.winjobi@cscsdev.org
tolawinjobi58@yahoo.com
+234 8082008222
+234 8030618326
www.cafsowrag4development.org
http://www.wiserearth.org/user/TolaWinjobi/section/main