A Protocol Against Trafficking in Persons: Is it Enough? The Impact of a Trafficking Treaty
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1 University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Second Annual Interdisciplinary Conference on Human Trafficking, 2010 Interdisciplinary Conference on Human Trafficking at the University of Nebraska A Protocol Against Trafficking in Persons: Is it Enough? The Impact of a Trafficking Treaty Michelle Forrest Santa Clara University School of Law, mforrest@scu.edu Follow this and additional works at: Part of the Inequality and Stratification Commons Forrest, Michelle, "A Protocol Against Trafficking in Persons: Is it Enough? The Impact of a Trafficking Treaty" (2010). Second Annual Interdisciplinary Conference on Human Trafficking, This Article is brought to you for free and open access by the Interdisciplinary Conference on Human Trafficking at the University of Nebraska at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Second Annual Interdisciplinary Conference on Human Trafficking, 2010 by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln.
2 Michelle Forrest JD Candidate, Santa Clara University School of Law
3 What has been done? UN Convention against Transnational Organized Crime -Sept. 29, 2003, by the UN General Assembly Action against/convention on Trafficking in Human Beings -Feb. 1, 2008 by the Council of Europe Victims of Trafficking and Violence Protection Act of January, 2006, by US Congress
4 -incorporate the Protocols and Conventions -assess effects -monitor the extent of Trafficking -address ongoing needs -take regional countermeasures -make more binding agreements
5 Individuals must be: INFORMED, KNOWLEDGEABLE, DISCUSSING
6 Nations must: ENFORCE LAWS, ENGAGE INTERNATIONALLY
7 The Global Community must: COOPERATE INTERNATIONALLY, DEVELOP CREATIVE SOLUTIONS, CREATE ONGOING TREATIES & AGREEMENTS
8 Understanding the Nature of Trafficking -flexible -sophisticated -unconventional -hidden -transnational -lucrative
9 Victims of Trafficking and Violence Protection Act of 2000: -prosecutor burden streamlined
10 Victims of Trafficking and Violence Protection Act of 2000: -prosecutor burden streamlined -definition of forced labor broadened
11 Victims of Trafficking and Violence Protection Act of 2000: -prosecutor burden streamlined -definition of forced labor broadened -crimes defined to include rape
12 Victims of Trafficking and Violence Protection Act of 2000: -prosecutor burden streamlined -definition of forced labor broadened -crimes defined to include rape -enhanced pre-existing criminal penalties
13 Victims of Trafficking and Violence Protection Act of 2000: -prosecutor burden streamlined -definition of forced labor broadened -crimes defined to include rape -enhanced pre-existing criminal penalties -established Cabinet-level fed interagency task force to combat trafficking specifically
14 Victims of Trafficking and Violence Protection Act of 2000: -prosecutor burden streamlined -definition of forced labor broadened -crimes defined to include rape -enhanced pre-existing criminal penalties -established Cabinet-level fed interagency task force to combat trafficking specifically -required full restitution to victims
15 Victims of Trafficking and Violence Protection Act of 2000: -prosecutor burden streamlined -definition of forced labor broadened -crimes defined to include rape -enhanced pre-existing criminal penalties -established Cabinet-level fed interagency task force to combat trafficking specifically -*required full restitution to victims -*more adequate protection of trafficked victims
16 Luis CdeBaca Ambassador-at- Large: Office to Monitor and Combat Trafficking in Persons
17 What the Violence Protection Act does: -focuses on the victim
18 Exemplary Models in Europe -The European Union: cooperation -Belgium: making trafficking a priority -European Court of Human Rights, Germany, & France: creative court procedures -Italy: looking out for others
19 How to Fight Transnational Organized Crime -Reversing the burden of proof
20 How to Fight Transnational Organized Crime -Reversing the burden of proof -Crime Analysis
21 How to Fight Transnational Organized Crime -Reversing the burden of proof -Crime Analysis -Provisions on membership of criminal organizations
22 How to Fight Transnational Organized Crime -Reversing the burden of proof -Crime Analysis -Provisions on membership of criminal organizations -Witness Protection
23 How to Fight Transnational Organized Crime -Reversing the burden of proof -Crime Analysis -Provisions on membership of criminal organizations -Witness Protection -Interception of Communication & Intrusive Surveillance
24 How to Fight Transnational Organized Crime -Reversing the burden of proof -Crime Analysis -Provisions on membership of criminal organizations -Witness Protection -Interception of Communication & Intrusive Surveillance -Cross-border cooperation
25 How to Fight Transnational Organized Crime -Reversing the burden of proof -Crime Analysis -Provisions on membership of criminal organizations -Witness Protection -Interception of Communication & Intrusive Surveillance -Cross-border cooperation -Cooperation against Trafficking
26 Witness-Protection -housing -medical needs -legal assistance -personal protection & privacy -economic aid -employment -urgent measures
27 Interception of Communication & Intrusive Surveillance
28 Potential Infringement upon American Ideals & Freedoms -Privacy -Liberty & Due Process -Right to Confront Witnesses -Limits on Police Power
29 Safeguards to use of Surveillance -limit the use of evidence -increased warrant specificity -also use less intrusive means
30 Cross-Border Cooperation Sources & Models: -EU -Treaty of the European Union -Convention on Mutual Assistance in Criminal Matters -Convention on Mutual Assistance and Cooperation -*Schengen Agreement & Mondorf Agreement
31 Cross-Border Cooperation Example, FINLAND-RUSSIA border: -*exchange of strategic information on illegal cross-border phenomena -regular meetings about strategic decision and guidelines -a joint working group -*regional border delegates -local control authorities
32 Cross-Border Cooperation Example, SLOVENIA: -undercover agents of domestic origin and from other countries
33 Cooperation Against Trafficking Example, Austria: -*nine NGO service centers -legislative amendments, signed Palermo Convention -*initiatives to link up law-enforcement bodies, courts, NGO s, and other institutions -*crime Prevention Council, providing advice and supporting preventative measures -specialists can handle trafficking cases -*court departments that specialize in sexual offense -Federal Criminal Police, focus on trafficking -*cooperation between police, criminal justice offices, social services, and NGO
34 Cooperation Against Trafficking Example, Italy: -thinking about needy countries -knows unstable countries are very vulnerable to trafficking -gave financial aid
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