Combating Trafficking in Persons

Transcription

1 Combating Trafficking in Persons K E N D R A S U N D A L O C T O B E R 1 9, I O M S U M M E R S C H O O L C E S K E B U D E J O V I C E C Z E C H R E P U B L I C

2 What do you know? What comes to your mind when you hear the word slavery? What about human trafficking? How would you define human trafficking? Approximately how many people are victims of trafficking in the world today? How do people become victims of trafficking? How much profit is made from human trafficking in the world each year? Do you think it is possible to eliminate slavery completely why or why not? What are the best ways to assist victims of trafficking?

3 Defining Human Trafficking Video: What Does Slavery Look Like Today? In 2000, the UN Convention on Transnational Organized Crime was supplemented by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UNODC 2004 Palermo Protocol ). The protocol takes further steps to define and address human trafficking with recommendations for legal and social action. According to Article 3a of the Protocol, trafficking in persons is defined as: 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 services, slavery or practices similar to slavery, servitude or the removal of organs (UNODC 2004, 42).

4 Trafficking Human trafficking can include, but does not require, movement. People may be considered trafficking victims regardless of whether they were born into a state of servitude, were transported to the exploitative situation, previously consented to work for a trafficker, or participated in a crime as a direct result of being trafficked. At the heart of this phenomenon is the traffickers goal of exploiting and enslaving their victims and the myriad coercive and deceptive practices they use to do so US DEPARTMENT OF STATE TIP REPORT

5 Polaris Project s Myths and Misconceptions Myth 1: Under the US federal definition, trafficked persons can only be foreign nationals or are only immigrants from other countries. Reality: The federal definition of human trafficking includes both U.S. citizens and foreign nationals - both are protected under the federal trafficking statutes and have been since the TVPA of Human trafficking encompasses both transnational trafficking that crosses borders and domestic or internal trafficking that occurs within a country. Statistics on the scope of trafficking in the U.S. are most thorough and accurate if they include both transnational and internal trafficking of U.S. citizens as well as foreign nationals. Myth 2: Human trafficking is essentially a crime that must involve some form of travel, transportation, or movement across state or national borders. Reality: The legal definition of trafficking, as defined under the federal trafficking statutes, does not require transportation. Although transportation may be involved as a control mechanism to keep victims in unfamiliar places, it is not a required element of the trafficking definition. Human trafficking is not synonymous with forced migration or smuggling. Instead, human trafficking is more accurately characterized as exploitation, a form of involuntary servitude, or compelled service where an individual s will is overborne through force, fraud, or coercion.

6 Myths and Misconceptions Continued Myth 3: Human trafficking is another term for human smuggling. Reality: There are many fundamental differences between the crimes of human trafficking and human smuggling. Both are entirely separate federal crimes in the United States. Most notably, smuggling is a crime against a country s borders, whereas human trafficking is a crime against a person. Also, while smuggling requires illegal border crossing, human trafficking involves commercial sex acts or labor or services that are induced through force, fraud, or coercion, regardless of whether or not transportation occurs. Myth 4: There must be elements of physical restraint, physical force, or physical bondage when identifying a human trafficking situation. Reality: The legal definition of trafficking does not require physical restraint, bodily harm, or physical force. Psychological means of control, such as threats, fraud, or abuse of the legal process, are sufficient elements of the crime. Unlike the previous federal involuntary servitude statutes (U.S.C. 1584), the new federal crimes created by the Trafficking Victims Protection Act (TVPA) of 2000 were intended to address subtler forms of coercion and to broaden previous standards that only considered bodily harm. It is important for definitions of human trafficking in the U.S. and around the world to include a wide spectrum of forms of coercion in order for the definition to encompass all the ways that traffickers control victims.

7 Myths and Misconceptions Continued Myth 5: Victims of human trafficking will immediately ask for help or assistance and will self-identify as a victim of a crime. Reality: Victims of human trafficking often do not immediately seek help or selfidentify as victims of a crime due to a variety of factors, including lack of trust, selfblame, or specific instructions by the traffickers regarding how to behave when talking to law enforcement or social services. It is important to avoid making a snap judgment about who is or who is not a trafficking victim based on first encounters. Trust often takes time to develop. Continued trust-building and patient interviewing is often required to get to the whole story and uncover the full experience of what a victim has gone through. Myth 6: Human trafficking victims always come from situations of poverty or from small rural villages. Reality: Although poverty can be a factor in human trafficking because it is often an indicator of vulnerability, poverty alone is not a single causal factor or universal indicator of a human trafficking victim. Trafficking victims can come from a range of income levels, and many may come from families with higher socioeconomic status.

8 Myths and Misconceptions Continued Myth 7: Sex trafficking is the only form of human trafficking. Reality: Elements of human trafficking can occur in the commercial sex industry as well as in situations of forced labor or services. The federal definition of human trafficking encompasses both sex trafficking and labor trafficking, and the crime can affect men and women, and children and adults. Myth 8: Human trafficking only occurs in illegal underground industries. Reality: Elements of human trafficking can be identified whenever the means of force, fraud, or coercion induce a person to perform commercial sex acts, or labor or services. Trafficking can occur in legal and legitimate business settings as well as underground markets.

9 Myths and Misconceptions Continued Myth 9: If the trafficked person consented to be in their initial situation or was informed about what type of labor they would be doing or that commercial sex would be involved, then it cannot be human trafficking or against their will because they knew better. Reality: A victim cannot consent to be in a situation of human trafficking. Initial consent to commercial sex or a labor setting prior to acts of force, fraud, or coercion (or if the victim is a minor in a sex trafficking situation) is not relevant to the crime, nor is payment. Myth 10: Foreign national trafficking victims are always undocumented immigrants or here in this country illegally. Reality: Foreign national trafficked persons can be in the United States through either legal or illegal means. Although some foreign national victims are undocumented, a significant percentage may have legitimate visas for various purposes. Not all foreign national victims are undocumented Source: Polaris Project, Myths and Misconceptions, from the Human Trafficking Resources Pack; polarisproject.org

10 Labor Trafficking ~ 78% Mining Lumber Agriculture Fishing Domestic Servitude Bonded labor Sex Trafficking ~ 22% Prostitution Pornography Illegal Marriage Types of Trafficking CSEC: Commercial Sexual Exploitation of Children Organ Trafficking

11 *Victim* Mindsets While anyone can become a victim of trafficking, certain populations are especially vulnerable. These may include: undocumented immigrants; runaway and homeless youth; victims of trauma and abuse; refugees and individuals fleeing conflict; and oppressed, marginalized, and/or impoverished groups and individuals. Trafficking victims in the U.S. under the federal Trafficking Victims Protection Act (TVPA) of 2000 include: Minors (under age 18) induced to perform commercial sex acts Those age 18 or over who are forced, deceived, or coerced into providing commercial sex acts Children and adults forced to perform labor and/or services in conditions of involuntary servitude, peonage, debt bondage, or slavery, through force, fraud, or coercion The needs of survivors of trafficking are among the most complex of crime victims, often requiring a multidisciplinary approach to address severe trauma and medical needs, immigration and other legal issues, safety concerns, shelter and other basic daily needs, and financial hardship. Source: Polaris Project and the US Department of State TIP Report 2014

12 Legal Instruments UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, 2004 (Protocol to UN Convention on Transnational Organized Crime, 2000) EU Framework Decision on Combating Trafficking in Human Beings, 2002 Council of Europe Convention on Action Against Trafficking in Human Beings, 2005 US Trafficking Victims Protection Act, 2000

13 Legal Recourse for Victims UN Protocol Article 7 Recommends that states adopt legislation to grant temporary or permanent residence permits to victims So-called humanitarian residence permits Such visas have proven helpful in encouraging victims to testify against traffickers or provide details for incident reports Often short term residence includes a period of reflection giving victims time to make a decision about whether they will testify or not Long term and permanent residence permits have been most effective when they include provisions granting the right to work, and provide more security to victims, which in turn can facilitate their cooperation with legal proceedings Cooperation with law enforcement, including testifying against traffickers, is sometimes a condition of these permits

14 Trafficking Visas in Europe Convention on Action against Trafficking in Human Beings, Article 14: obliges states to issue residence permits either in cases when victims must stay to assist authorities with investigations or criminal proceedings, or when the victim s personal situation warrants a permit, and victims must be allowed to apply for asylum Council of the EU Directive on the Residence Permit (2004): grants a reflection period to victims so they can decide if they will cooperate (Article 6), and during this period victims should receive necessary support and services, including medial treatment, psychological assistance, translation services, and legal aid (Article 7). Following this period, short (limited) term permits should be granted to victims who agree to participate in criminal proceedings (Article 8). These permits give victims access to the labor market, training, and education. Specific cases: Italy does not require that victims testify to receive permits; Montenegro offers permits for 3, 6, or 12 months depending on the case; The Netherlands has a special procedure (B9) to identify/assist victims

15 US: T-Visas and U-Visas Eligible later for permanent residence and citizenship Family reunification options are available T-Visas (5000 available per year): victims petition to remain for up to 4 years (and may receive government assistance during the petition period, before their visas are issued). Must meet 4 requirements: 1) victim of severe trafficking, 2) assisted with investigation/prosecution (if over 18), 3) are in the US as a result of trafficking, 4) would suffer hardship if repatriated U-Visas (10000 available per year): temporary status to undocumented immigrants who were victims of crime, including trafficking, also valid for 4 years (eligible for work permits but not other types of assistance) Must meet 3 requirements: 1) victims of a crime under local, state, or federal laws, 2) suffered severe mental or physical abuse due to the crime, 3) have already, or are expected to, assist with investigations/prosecution During preparations for trial, a 3 rd type of short stay permission is available, known as Continued Presence

16 Australia and Canada Visa Options Australia: Bridging F-Visas, Criminal Justice Stay Visa, Witness Protection Visas (Temporary Permanent) Bridging Visa F: short term visa to cover the period of reflection 45 days, regardless of victim s cooperation Criminal Justice Stay Visa: valid during criminal proceedings, followed by deportation or granting of Witness Protection Visa; holders are allowed to work, access services, medical care, and income support Witness Protection Visas: previously two-step, since 2009 permanent residence permits are an option for any trafficking victims who quality for protection, and is also available to family members. Must meet criteria: 1)would be in danger if repatriated, 2)has contributed to investigation/prosecution, 3)issued a certificate from the Commonwealth Attorney General certifying their status as a trafficking victim Gives holders access to labor market, Medicare, income support, and the Justice Support System, as well as travel to/from Australia for 5 years after this time the holder must apply for a different type of visa or citizenship to travel to/from Australia Canada temporary residence permits and alternatives Renewable temporary permits are valid for 180 days; recipients have access to a range of medical and legal services; they may apply for funding assistance and work permits, and the fees for work permits are waived; victims may, in some cases, apply for permanent residence.

17 Trafficking in the Czech Republic A destination and transit country, primarily, but also a source country. Victims originate from: Slovakia, Nigeria, Ukraine, Vietnam, Mongolia, Moldova, Russia, Bulgaria and Romania. *Roma people are particularly vulnerable, too.* The Czech Republic is a source country for: Great Britain, Germany, France, Finland, the Netherlands, Belgium, Poland, and Slovenia 57 victims were identified in 2013, mostly cases of labor exploitation; 23 victims took part in the Ministry of Interior s program to support and protect the victims of trafficking. Long stay residence permits conditional on cooperation with authorities 2 granted in 2013, 19 extended in In 2012, the first 2 convictions against traffickers were made, and 2 more in Additionally, out of 19 people convicted for violent coercion, 6 were on counts of trafficking in human beings. Perpetrators prosecuted for trafficking, particularly trafficking of foreign nationals, came from: Slovakia, Ukraine, Bulgaria, Nigeria, Liberia, and Cote d Ivoire. The Czech Republic complies with Article 20 of the EU Directive In 2013 an amendment was made to the criminal code to change the section on trafficking in human beings in order to comply with EU and international law. SOURCE: REPORT ON THE STATE OF TRAFFICKING IN HUMAN BEINGS IN THE CZECH REPUBLIC FOR THE YEAR 2013

18 Trafficking in the EU In April 2013, the first statistical report to Eurostat on the issue of trafficking in human beings in the EU for the period was published. For the period referred to in the framework of the EU, persons were identified or implied as being victims of trafficking. The number of trafficked persons into the EU between increased by 18%, but the number of convictions for the crime of trafficking in human beings in the EU decreased by 13%. The report further States that women still remain the largest group of victims (68%). The percentage of child victims of trafficking are approaching 15% (girls over boys predominate). With regard to the forms of exploitation, rates of sexual exploitation (62%) are higher than labour exploitation (25%), as well as other forms of subscription (institutions, trade for the purpose of committing crimes, trafficking in children 14%). SOURCE: REPORT ON THE STATE OF TRAFFICKING IN HUMAN BEINGS IN THE CZECH REPUBLIC FOR THE YEAR 2013

19 Recognizing the Signs Common Work and Living Conditions Is not free to leave or come and go as he/she wishes Is under 18 and is providing commercial sex acts Is in the commercial sex industry and has a pimp / manager Is unpaid, paid very little, or paid only through tips Works excessively long and/or unusual hours Is not allowed breaks or suffers under unusual restrictions at work Owes a large debt and is unable to pay it off Was recruited through false promises concerning the nature and conditions of his/her work High security measures exist in the work and/or living locations (e.g. opaque windows, boarded up windows, bars on windows, barbed wire, security cameras, etc.) Poor Mental Health or Abnormal Behavior Is fearful, anxious, depressed, submissive, tense, or nervous/paranoid Exhibits unusually fearful or anxious behavior after bringing up law enforcement Avoids eye contact Poor Physical Health Lacks health care Appears malnourished Shows signs of physical and/or sexual abuse, physical restraint, confinement, or torture Lack of Control Has few or no personal possessions Is not in control of his/her own money, no financial records, or bank account Is not in control of his/her own identification documents (ID or passport) Is not allowed or able to speak for themselves (a third party may insist on being present and/or translating) Other Claims of just visiting and inability to clarify where he/she is staying/address Lack of knowledge of whereabouts and/or do not know what city he/she is in Loss of sense of time Has numerous inconsistencies in his/her story (Source: Polaris Project)

20 Dreams Die Hard One of them wanted to earn money so she could treat her parents like a king and queen. Two of them were enticed by the promise of a good education. Another one wanted to buy medicine for his sick son. None of them ever dreamed they would become slaves in the United States. But that is what happened.

21 Advocacy Project by IOM Prague and La Strada Please turn your attention to Lucie Sladkova, who will share information on a recent campaign to target the demand side of trafficking, organized by IOM Prague and La Strada.

22 Workshop In groups, design an advocacy campaign to raise awareness about human trafficking. Put together a funding proposal and timeline. Consider the following: The main goal of your project To change legislation? To advertise helplines or services? To educate people about trafficking and recognizing the signs? Target audience The general public, victims, governments, organizations, etc.? Location Choose a city, country, or region, and consider the specific cultural, social, political, or economic aspects which could impact your project. Funding requirements and resources needed Will you host events? Fundraisers? PSAs or public advertising? Media campaigns? Where will you operate in schools, businesses, public spaces? What information is the most important to share with people and why?

23 Evaluating the Proposals Each group will present their proposal. The other groups should come up with 2-3 questions or comments for each presentation. Some things to think about: How effective do you think their campaign will be at reaching their target audience? What aspects could they expand on or improve, and how? Do you think their funding requests and timelines are reasonable why or why not? Considering the location of their project, what challenges do you expect them to face social, cultural, linguistic, etc.?

24 Comments and Questions? T H A N K Y O U F O R Y O U R A T T E N T I O N A N D P A R T I C I P A T I O N! C O N T A C T : K E N D R A S U N D A L K M S U N D A G M A I L. C O M