What is Trafficking? Content. What is TRAFFICKING? POLICY RESPONSES to Trafficking. Children: リチャード ダンジガー IOM 人身取引対策部長. Definition of Trafficking

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1 Content 人身取引問題に関する国際シンポジウム 25 Feb 2006 IOM International Organization for Migration 国際移住機関 Richard DANZIGER Head of IOM Counter Trafficking Division リチャード ダンジガー IOM 人身取引対策部長 What is TRAFFICKING? POLICY RESPONSES to Trafficking 1 2 Definition of Trafficking What is Trafficking? The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons: Trafficking in Pers ons shall mean 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 servic es, slavery or practices similar to slavery, servitude or the removal of organs. (The Protocol to Prevent, Suppress and Punish Trafficking in Persons,Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime, ) 3 4 Children: Definition of Trafficking 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. 1. Recruitment Deceit and/or fraud Definition of Trafficking What is the process? 2. Transport 3. Harbouring What are the means? Threat of Force or Use of Force What are the objectives? Exploitation Abduction or abuse of power 4. Receipt Forced Labour Sexual Exploitation Removal of Organs Servitude 5 6 1

2 Trafficking and Irregular Migration Trafficking is a form of irregular migration that entails the violation of the rights of the migrant. Difference between Consent The smuggling of migrants, while often undertaken in dangerous or degrading conditions, involves migrants who have consented to being smuggled whereas Trafficking victims 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 7 8 Difference between Exploitation Smuggling ends with the arrival of the migrants at their destination, whereas Trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers. Difference between Transnationality Smuggling is always transnational whereas Trafficking can occur regardless of whether victims are taken to another country or only moved from one place to another within the same country Difference and Similarities between Difference between Trafficking involves force, deception, abuse, exploitation A Crime against the Individual Smuggling is a fee for services illegal business transaction. A Crime against the State

3 Current Policy Problems No s ystematic collection of data on trafficking in national/global level. Policy Responses Legislation to address trafficking is often lacking, inadequate, or not implemented, making the prosecution of traffickers very difficult and often impossible. The corruption of governmental officials to facilitate trafficking is a serious threat to the functioning of the State in affected countries. Trafficking convictions are often based on witness and/or victim testimony. Such testimony is hard to obtain, as trafficking victims are either deported as illegal migrants or, if identified as trafficked persons, are often too frightened to testify The Response of the International Community Need for Policy Response Apart from the UN Convention Against Transnational Organized Crime, including the Protocol against Trafficking, each country ha s responded differently to the crime of trafficking. Several regional processes dealing with migration, such as the Puebla Process in the Americas and the Bali Process in Asia have included trafficking as one of the main topic for discussion and regional coordinated actions. Protection and assistance to the victimsshould take precedence in any policy planning and programme development. Respect for the human dignity and well-being of migrants should be reflected in all national legislation, activities, projects, and programmes. A gender analysisis necessary in order to understand the causes and the consequences of trafficking in persons. Need for vigorous partnerships to facilitate collaborative work on policy, legislation and operational meas ures. (Continued) Need for Policy Response IOM s Approach to Combating Trafficking Health challenges faced by the trafficked persons - the periods before, during and after the trafficking experiences. Concerted efforts by relevant entities at the local, national, regional, and international levels. Information campaigns in countries of origin can be conducted to inform potential victims of the dangers of trafficking and irregular migration. 17 Victim-centred and Rights-based Concern for the victim lies at the centre of all IOM s activities. 18 3

4 IOM Activities The Case of Thailand Prevention Research/data collection Awareness-rai sing Protection Shelter and accommodation Medical assistance Legal counseling Voluntary Return and Reintegration Prosecution Law Enforcement Training Legislation and Operational Procedures Trafficking Patterns Source, destination and transit country Source country: Women trafficked for sexual exploitation Destination country: Labour exploitation Internal trafficking: Sex tourism as driving factor The Case of Thailand The Case of Thailand Legislation Prostitution prevention and support act: Adults in prostitution are seen as victims of socio-economic problems and are not seen as criminals Prevention and suppression of trafficking National Plan of Action MOU s for better cooperation among the government, and among the government and NGO s Bilateral MOU with Cambodia Shelters for abused women and children Regional shelters for foreign trafficked persons in Thailand Overseas missions for Thai abroad who are in need of assistance Training for government officials on how to deal with trafficked people The Case of Indonesia The Case of Indonesia Trafficking patterns Forced sex work & sexual exploitation, within Indonesia and to other countries. Domestic work and unskilled jobs leading to abusive labour conditions Mail order brides being sold into sex industry abroad Legislation Trafficking is already criminalized in Indonesian criminal code and the national Human Rights law. No official definition of trafficking included A separate law on witness protection is under development A national plan of action developed in

5 The Case of Indonesia The Case of the Philippines The government operates shelters for Indonesian trafficked persons at its embassies and consulates in Singapore, Malaysia, Saudi Arabia, and Kuwait. The government also operates crisis centres inside the country and cooperates with domestic NGOs and civil society organizations The government continues the provision of training to officials and law enforcement officers Trafficking patterns Primarily a source and transit country for trafficking in persons 7 million Filipinos are living and working abroad, of this number, 1.62 million are irregular and some of them trafficked The Case of the Philippines The Case of the Philippines Legislation The Anti-Trafficking in Persons Act of 2003 defines the criminal acts of trafficking Labour migrants departing the country into abusive situations are trafficked according to Philippines definition An Inter-Agency Council Against Trafficking (IACAT) established to implement the anti trafficking law Emergency shelter assistance, counseling, medical and psychological services, legal assistance, livelihood and skills training Temporary residency status and relief from deportation for foreign trafficked persons Arrangements with NGOs in destination countries to provide overseas Philippine workers Government telephone hotlines for reporting cases of abused/exploited women and children Provision of training for law enforcement officials The Case of Colombia The Case of Colombia Trafficking patterns Legislation Origin country for international trafficking and origin-destination for internal trafficking Origin country: Sexual exploitation, labour exploitation (domestic work, agriculture, construction), forced recruitment of children in illegal armed groups 29 The Law 985 on trafficking, issued in 2005 establish definition of trafficking for sexual exploitation, labour exploitation, servile marriage and human organ transplant It clearly distinguishes between trafficking and smugling It increase from pervious Law 747/2000 the punishment for traffickers to years imprisonment It establish a National Committee against Trafficking in Persons composed by 14 State institutions, (IOM and UNODC as observers), presided by the Ministry of Justice and Interior The National Committee is in charge of developing a National Strategy against trafficking, covering protection, prevention and prosecution. National Strategy is currently under development 30 5

6 The Case of Colombia The Government, through the National Institute for Family Welfare (ICBF) and the network of NGOs supported by it, provides shelters and services for children victims of sexual or labour exploitation all over the country The National Committee against Trafficking is currently developing, with the IOM assistance, a routing for victims referral and assistance Special investigation Units on Trafficking exist inside the National Police, the DAS (in charge of Migration and Interpol) and the Attorney General Office: 211 cases of victims were investigated by them during Trafficking Patterns: Primarily a destination country Trafficking Patterns: 14,500 17,500 foreign victims trafficked annually (USDOJ, 2004) At least 10,000 victims of forced labor (Free the Slaves, Human Rights Center, 2004) Trafficked for: Forced sweatshop labor Forced prostitution Forced farm labor Forced domestic servitude 33 Legislation: MEANS US Trafficking Victims Protection Act (TVPA) ACTIVITY Severe forms of trafficking in persons is PURPOSE defined as: a) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (b) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, orslave ry." Source: U.S. Trafficking Victims Protection Act Trafficking Victim Rights under the TVPA: Status as a victim, not a criminal Access to information in a language they understand Physical safety for victim and consideration for family Privacy Continued presence, T-visa and derivatives Victim assistance resources TVPA: reauthorized in 2003 and 2005 Broadens victim category to include domestic trafficking Allocates resources to fund domestic victim assistance programs 35 Government Interventions: Domestic: In 2004, US Government agencies (HHS) Funded $5.1 million to 27 domestic serv ice prov iders (DOJ) Funded $5.6 million to 22 victim service providers Issued continued presence to 484 v ictims Issued 136 T-visas to victims Conducted a Rescue and Restore public awareness campaign Traff icking laws implemented at the state level (gradually) $7.6 million to 18 Local Law Enf orcement Task Forces Prosecution: In 2004, 29 cases went to trial; 43 conv ictions International: Trafficking in Persons Annual Report $82 million in international assistance to 251 programs in 86 countries Economic Alternativ es, Public Awareness, Research, Protection and Assistance, Return and Reintegration, Prosecution 36 6

7 The Case of the Netherlands The Case of the Netherlands Government interventions Temporary residency status for foreign trafficked persons for the duration of the investigation into the traffickers if the victim agrees to cooperate During this time, the victim has access to education and the Dutch labour market Shelter assistance, counseling, medical and psychological services Legislation Prosecution of traffickers and protection of victims of trafficking as laid down by law in 1989 Since 1 January 2005 broadened definition including sexual and economic exploitation as well as trafficking in organs Since 2004 a progressive and comprehensive National Action Plan was introduced to combat Trafficking in Persons The Case of the United Kingdom The Case of the United Kingdom Legislation Trafficking patterns Destination country: Sexual exploitation, there is little information of trafficking for labour exploitation 39 The Sexual Offences Act 2003 offence of trafficking for the purpose of sexual exploitation to cover trafficking into, within and out of the UK The Asylum and Immigration Act 2004 introduced new offences of trafficking for slavery or forced labour, human organ transplant or other forms of exploitation Trafficking offences carry a maximum penalty of fourteen years imprisonment The Serious Organised Crime and Police Act 2005 provided the legislative basis for the establishment of a new organised crime agency The Proceeds of Crime Act 2002 allows for the confiscation of criminal assets including assets from trafficking and related offences The Gangmasters (Licens ing) Act 2004 established the Gangmasters Licensing Authority which is responsible for setting up and operating the licensing scheme for labour providers National Plan of Action is at the drafting/ consultation stage 40 The Case of the United Kingdom The Case of Italy Government interventions One Government funded support service (Poppy Project) for adult women trafficked for sexual exploitation; implemented by Eave s Housing for Women and has 24 bed spaces In 2000, REFLEX was established; a practical multi agency task force to combat organised immigration crime; human trafficking is one of three key objectives A network of Immigration Liaison Officers covering 23 key source and transit countries in Europe has been established Across the UK, a number of multi agency intelligence teams have been created The UK also take s part in various initiatives overseas at building the capacity of overseas partners to tackle trafficking 41 Trafficking patterns Country of de stination of trafficking for different form s of exploitation: sexual, in the labour market, for begging, for petty crimes. Main countries of origin: Western African countrie s (mainly Nigeria, Ghana, Cameroun), Eastern European countrie s and the Balkans (mainly from Romania, Bulgaria, Moldova, Ukraine, Albania) but also from new EU Member States (Poland, Latvia, Hungary). New trends: increasing phenomenon of trafficking for sexual exploitation of South American (Colombia, Uruguay, Brazil) and Chinese nationals 42 7

8 The Case of Italy The Case of Italy Legislation Immigration Act (Law decree n. 286/98) issued in 1998, and in particular the art. 18 envisaging the issuance of a special residence permit for humanitarian reasons to foreigners who are subject to severe forms of exploitation; The art. 18 has set up an Inter-ministerial Committee for the Application of art. 18, chaired by the Ministry of Equal Opportunities (Ministries of Interior, Labor and Social Affairs and Justice participating) to manage the yearly funds allocated for programs to support the social integration of victims of trafficking; Law n. 228/03, modifying the Italian Penal Code, introducing the specific crime of trafficking in human beings, establishing a detaining penalty from 8 to 20 years for traffickers; Law n. 228/03 also envisages the confiscation of criminal assets and the creation of a National Fund that shall be used to finance social integration programs for victims of trafficking. 43 The Government, through the Ministry of Equal Opportunities and the Inter- Ministerial Committee for the Application of art. 18, allocates 4.5 million Euros each year to finance projects presented by the National Netw ork of Antitrafficking NGOs/Associations to support psycho-social and labour insertion programs for victims of trafficking w illing to stay in Italy; The Ministry of Equal Opportunities has set up a National Hotline ( ) in order to provide victims of trafficking a way out from the exploitation circle; A nation-w ide information campaign to publicize the Hotline has been carried out, through different media and in different languages; Through the same funding, each year since 2002, and currently through the Ministry of Interior, the Inter-Ministerial Committee has been financing IOM Italy to provide voluntary return and reintegration assistance to 80 cases of victims of trafficking per year; Through the Ministry of Foreign Affairs, many initiatives in countries of origin and transit are financed for prevention and capacity-building purposes 44 The Case of Moldova Thank you