Principles of prevention

Transcription

1 449 Tool 9.1 Prncples of preventon Overvew Ths tool provdes prncples and gudelnes for preventng traffckng n persons. The preventon of traffckng n persons requres creatve and coordnated responses. Efforts to deter traffckers by addressng the root causes that led them to become traffckers go hand n hand wth the deterrent mpact of crmnal justce efforts. Vctm assstance efforts to break the cycle of traffckng must be drected both at preventng vctms from beng retraffcked and also at preventng vctms from becomng traffckers. And all of these responses must be consdered for the data collecton opportuntes they provde the more that s learned about traffckers and ther methods, the more that efforts to prevent traffckng can be meanngfully targeted. In short, preventon of traffckng s nterlnked wth all other responses to traffckng and therefore must be undertaken n a concerted, holstc way whch acknowledges the complexty of traffckng n persons. Often, efforts to prevent traffckng only address the so-called root causes of traffckng, such as poverty, lack of (equal) opportunty and lack of educaton. Further to ths narrow focus, sometmes these ssues are only addressed from the perspectve of traffckng vctms, rather than also addressng the root causes that contrbute to a person becomng a traffcker. To merely address ths stage n the process of traffckng s to neglect the whole pcture. At one end of the traffckng process are the supply factors (n the place of orgn), whch relate to a person s vulnerablty to recrutment or the lure of crmnal actvty; at the other are the demand factors (n the place of destnaton), whch lead to the explotaton of traffcked persons. Between these poles are the porous borders (of countres of orgn, destnaton and transt) whch allow ths llegtmate market to trade across borders. Artcle 9 of the Traffckng n Persons Protocol emphaszes the need for States to address these aspects of traffckng n persons. Traffckng n Persons Protocol Artcle 9 1. States Partes shall establsh comprehensve polces, programmes and other measures: (a) To prevent and combat traffckng n persons; and (b) To protect vctms of traffckng n persons, especally women and chldren, from revctmzaton.

2 450 Toolkt to Combat Traffckng n Persons 2. States Partes shall endeavour to undertake measures such as research, nformaton and mass meda campagns and socal and economc ntatves to prevent and combat traffckng n persons. 3. Polces, programmes and other measures establshed n accordance wth ths artcle shall, as approprate, nclude cooperaton wth non-governmental organzatons, other relevant organzatons and other elements of cvl socety. 4. States Partes shall take or strengthen measures, ncludng through blateral or multlateral cooperaton, to allevate the factors that make persons, especally women and chldren, vulnerable to traffckng, such as poverty, underdevelopment and lack of equal opportunty. 5. States Partes shall adopt or strengthen legslatve or other measures, such as educatonal, socal or cultural measures, ncludng through blateral and multlateral cooperaton, to dscourage the demand that fosters all forms of explotaton of persons, especally women and chldren, that leads to traffckng. The Traffckng n Persons Protocol: Requres States to endeavour to undertake measures such as socal and economc ntatves, research and meda campagns targetng potental vctms. Polces, programmes and other measures taken should nclude cooperaton wth non-governmental and other relevant organzatons. Reaffrms that effectve acton to prevent and combat traffckng n persons requres a comprehensve nternatonal approach, ncludng measures to prevent such traffckng, protect vctms of such traffckng and prosecute traffckers. Indcates that States should take or strengthen these measures, ncludng through blateral and multlateral cooperaton, to allevate the factors lack of equal opportunty and poverty that make persons, especally women and chldren, vulnerable to traffckng. Recommended Prncples and Gudelnes on Human Rghts and Human Traffckng (E/2002/68/Add.1) (Unted Natons Hgh Commssoner for Human Rghts) The Recommended Prncples and Gudelnes on Human Rghts and Human Traffckng developed by the Unted Natons Hgh Commssoner for Human Rghts offer mportant gudance for ant-traffckng efforts. The gudelne of key relevance to preventng traffckng n persons s provded below. Gudelne 7: Preventng traffckng Strateges amed at preventng traffckng should take nto account demand as a root cause. States and ntergovernmental organzatons should also take nto account the factors that ncrease vulnerablty to traffckng, ncludng nequalty, poverty and all forms of dscrmnaton and prejudce. Effectve preventon strateges should be based on exstng experence and accurate nformaton.

3 451 States, n partnershp wth ntergovernmental and non-governmental organzatons and, where approprate, usng development cooperaton polces and programmes, should consder: 1. Analysng the factors that generate demand for explotatve commercal sexual servces and explotatve labour and takng strong legslatve, polcy and other measures to address these ssues. 2. Developng programmes that offer lvelhood optons, ncludng basc educaton, sklls tranng and lteracy, especally for women and other tradtonally dsadvantaged groups. 3. Improvng chldren s access to educatonal opportuntes and ncreasng the level of school attendance, n partcular by grl chldren. 4. Ensurng that potental mgrants, especally women, are properly nformed about the rsks of mgraton (e.g. explotaton, debt bondage and health and securty ssues, ncludng exposure to HIV/AIDS) as well as avenues avalable for legal, nonexplotatve mgraton. 5. Developng nformaton campagns for the general publc amed at promotng awareness of the dangers assocated wth traffckng. Such campagns should be nformed by an understandng of the complextes surroundng traffckng and of the reasons why ndvduals may make potentally dangerous mgraton decsons. 6. Revewng and modfyng polces that may compel people to resort to rregular and vulnerable labour mgraton. Ths process should nclude examnng the effect on women of repressve and/or dscrmnatory natonalty, property, mmgraton, emgraton and mgrant labour laws. 7. Examnng ways of ncreasng opportuntes for legal, ganful and nonexplotatve labour mgraton. The promoton of labour mgraton by the State should be dependent on the exstence of regulatory and supervsory mechansms to protect the rghts of mgrant workers. 8. Strengthenng the capacty of law enforcement agences to arrest and prosecute those nvolved n traffckng as a preventve measure. Ths ncludes ensurng that law enforcement agences comply wth ther legal oblgatons. 9. Adoptng measures to reduce vulnerablty by ensurng that approprate legal documentaton for brth, ctzenshp and marrage s provded and made avalable to all persons. The Recommended Prncples and Gudelnes on Human Rghts and Human Traffckng are avalable at:

4 452 Toolkt to Combat Traffckng n Persons Traffckng n Persons Protocol and the Organzed Crme Conventon The Traffckng n Persons Protocol, n conjuncton wth artcle 31 of the Organzed Crme Conventon, requres States partes to adopt what amounts to a comprehensve preventon strategy. Socal preventon measures, ncludng addressng the adverse underlyng socal and economc condtons beleved to contrbute to the desre to mgrate and hence to the vulnerablty of vctms to traffckers, as well as preventon afforded by educaton and awareness-rasng, are dealt wth n artcle 31 of the Organzed Crme Conventon and n artcle 9 of the Traffckng n Persons Protocol. These are worded so as both to encompass campagns ntended to rase awareness of the problem and to moblze support for measures aganst t n the general populaton, as well as more targeted efforts drected at warnng specfc groups or even ndvduals beleved to be at hgh rsk of vctmzaton. In these areas, preventve measures to be taken aganst traffckng parallel those aganst organzed crme n general, but the Traffckng n Persons Protocol also contans requrements that are specfc to traffckng. Recognzng that traffckng could be dealt wth from both the demand and supply sdes, artcle 9 ncludes measures ntended to dscourage the demand for servces that fosters the explotve element of traffckng and hence ts major source of llct revenue. The Protocol also takes nto consderaton that former vctms are often even more vulnerable later on, especally f repatrated to places where traffckng s common. In addton to the basc requrements to protect vctms from ntm - daton or retalaton by offenders, artcle 9 also calls for measures to protect vctms from beng traffcked agan and from other forms of revctmzaton. The Protocol also seeks to prevent traffckng through measures ntended to make t more dffcult for traffckers to use conventonal means of transport and entry nto States: t requres States partes to ensure that border controls are effectve and to prevent the msuse of passports and other travel or dentfcaton documents (see Tool 5.11 and Tool 9.6). These provsons, found n artcles 11, 12 and 13 of the Traffckng n Persons Protocol, are dentcal to the correspondng provsons of the Mgrants Protocol, whch allows States seekng to ratfy both Protocols to mplement these measures jontly. Recommended resources A Handbook on Plannng Projects to Prevent Chld Traffckng Terre des Hommes Ths handbook, publshed n 2007, s ntended to contrbute to the mprovement of efforts to prevent chld traffckng. It brngs together lessons learned and comples them n a stepby-step format for polcymakers, Governments, ntergovernmental organzatons and other organzatons nvolved n decdng what actvtes should be undertaken and prortzed n combatng traffckng of chldren. A Handbook on Plannng Projects to Prevent Chld Traffckng s avalable at: task,showdoc/docd,471/

5 453 Traffckng n Human Bengs n South Eastern Europe; 2004 Focus on Preventon Ths report, publshed by UNICEF, the Offce of the Unted Natons Hgh Commssoner for Human Rghts and the OSCE Offce for Democratc Insttutons and Human Rghts examnes the efforts of Governments and nternatonal and local non-governmental organ - zatons to rase awareness and assst vctms n Albana, Bosna and Herzegovna, Bulgara, Croata and the former Yugoslav Republc of Macedona, Moldova, Romana and the then Serba and Montenegro (ncludng the Unted Natons-admnstered provnce of Kosovo). The report, based on research carred out n South-Eastern Europe n 2004, calls for: Greater effort to address root causes of traffckng n countres of orgn and destnaton Flexble ant-traffckng programmes that adapt to changng traffckng patterns Greater understandng of traffckng wthn the broader context of development, gender equalty and poverty reducton Improved cooperaton between nsttutons and development agences on traffckng ssues Contnued strengthenng of socal protecton systems to prevent chld traffckng More research nto facts that fuel demand for traffckng Greater nvolvement of cvl socety Long-term preventon measures to ensure long-term solutons The report s avalable at: