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

Similar documents
IOM COUNTER-TRAFFICKING ACTIVITIES

Recommended Principles and Guidelines on Human Rights and Human Trafficking (excerpt) 1

a classified advertising website, known for its use by sex traffickers as a platform for advertisements for prostitution, including minors

Trafficking in Human Beings

International Organization for Migration (IOM) Migrant Smuggling as a Form of Irregular Migration

Policies of the International Community on trafficking in human beings: the case of OSCE 1

The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children: Reflections After Five Years.

ITALY. The phenomenon

Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings

Republic of Equatorial Guinea

Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective. Mohamed Mattar

Addressing Trafficking of Human Beings in EU External Cooperation

Combating Trafficking in Persons

Trafficking in Persons. The USAID Strategy for Response

Human Trafficking and Forced Labour What Perspectives to Challenge Exploitation?

Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children As adopted by the Ministerial Conference on Migration

CHINA: TIER 3 RECOMMENDATIONS FOR CHINA

COMBATING HUMAN TRAFFICKING IN THE UNITED STATES. What can Thailand learn from US approaches?

Sisterworks Dutch Religious Network against Human Trafficking

PHILIPPINES ASIA PACIFIC REGIONAL PREPARATORY MEETING FOR THE GLOBAL COMPACT ON SAFE, ORDERLY AND REGULAR MIGRATION

Counter-trafficking and assistance to migrants in Central Asia

Migration Terminology

Human trafficking, exploitation, and displacement in Syria

Human Trafficking: Municipal Initiative is Key

TRAFFICKING OF PERSONS (PREVENTION, PROTECTION AND REHABILITATION) BILL, 2016 RECOMMENDATIONS BY GLOBAL MARCH AGAINST CHILD LABOUR

Economic and Social Council

Critical Assessment of the Implementation of Anti Trafficking Policy in Bolivia, Colombia and Guatemala Executive Summary

Legal Aspects of Combating Human Trafficking in Moldova

1. INTRODUCTION. The internationally adopted definition of trafficking in persons as applied throughout this report reads as follows:

Use of the Delphi methodology to identify indicators of trafficking in human beings Process and results

Trafficking in Human Beings. Dr. Vladislava Stoyanova

Human Trafficking and Slavery: A Global Problem

TABLE OF CONTENTS I. INTRODUCTION... 1 TRAFFICKING IN PERSONS LIST...11 COUNTRY NARRATIVES - TIER ONE...13 IV. COUNTRY NARRATIVES - TIER TWO...

EAST ASIA AND THE PACIFIC

EAST ASIA AND THE PACIFIC

a GAO GAO HUMAN TRAFFICKING Monitoring and Evaluation of International Projects Are Limited, but Experts Suggest Improvements

TRAFFICKING IN PERSONS

Parliament of Australia Department of Parliamentary Services

Counter Trafficking Programme overview and future interventions

Working Groups Session 1: Human trafficking

General Assembly UNITED NATIONS. Distr. GENERAL. A/HRC/Sub.1/58/AC.2/4* 31 July Original: ENGLISH

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse

Human Trafficking and Smuggling in the Migration Context: Challenges and Lessons

An overview of human trafficking, especially child trafficking, in Sierra Leone, Liberia, and Guinea.

Country Report on Trafficking in Human Beings: Turkey

United States Trafficking in Persons Report 2014, p 11.

ARIADNE NETWORK. Authors Albanian Rehabilitation Centre for Trauma and Torture Victims - ARCT Useful to Albanian Women Association

Safeguarding Children Who May Have Been Trafficked

From victim to survivor A second chance at life

WOMEN AS VICTIMS. Presented by Megan Voller Senior Assistant Director CDPP, Darwin at the CLANT, 14 th Biennial Conference: Victims of the System

TRAFFICKING IN PERSONS IN PAPUA NEW GUINEA: AN EMERGING ORGANIZED TRANSNATIONAL CRIMINAL ACTIVITY

Consortium of Non-Traditional Security Studies in Asia

Trafficking in Persons

GLO-ACT Needs Assessment. General questions on trends and patterns Trafficking and Smuggling

What is Modern Slavery?

LIBERIA AN ACT TO BAN TRAFFICKING IN PERSONS WITHIN THE REPUBLIC OF LIBERIA

DECISION No. 557 OSCE ACTION PLAN TO COMBAT TRAFFICKING IN HUMAN BEINGS

International regulations Standards for implementation

Co-Chairs Summary Bali Process Workshop on Human Trafficking: Victim Support Bali, Indonesia, 7 9 November 2006

Japan s 2014 Action Plan to Combat Trafficking in Persons December 16, 2014 Ministerial Meeting Concerning Measures Against Crime

GENDER SENSITIVE GUIDELINE FOR HANDLING WOMEN VICTIMS OF TRAFFICKING IN PERSONS

Trafficking in Persons in International Law

The Strategy on Labour Migration, Combating Human Trafficking and Forced labour of Confederation of Trade Unions of Armenia ( )

The Challenge of Human Trafficking and its links to Migrant Smuggling in the Greater Mekong Sub-region

INTERNATIONAL DIALOGUE ON MIGRATION 2009 INTERSESSIONAL WORKSHOP ON

UN Global Plan of Action against Trafficking in Persons DRAFT (19 July 2010)

Ouagadougou Action Plan to Combat Trafficking In Human Beings, Especially Women and Children

Shadow Report CEDAW Compiled by: La Strada Foundation against Trafficking in Women, Poland

Modern Day Slavery: An Overview. Banu Demiralp April 17, 2012 Janna Lipman

efworld 2014 Trafficking in Persons Report - Israel

Victims of human trafficking and Modern Slavery

The Italian system to combat trafficking against human beings and to identify and protect victims

Irregular Migration, Trafficking in Persons and Smuggling of Migrants

Trafficking and Smuggling of Migrants under International Law

MODERN SLAVERY: A ROLE FOR NURSES

World Health Organization Topic 1: Combating the Illegal Medical Black Market with Special Regard to Organ Trafficking

Child Trafficking and Abduction

AU.COMMIT Campaign on Combating Human Trafficking

MEXICO (Tier 2) Recommendations for Mexico:

Excellencies Co-facilitators, Distinguished Guests and Delegates, Ladies and Gentlemen,

REPORT FORM PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930

United States Country Report on Anti-Trafficking Activities

The United Nations response to trafficking in women and girls

PROTECTION SCHEMES FOR VICTIMS OF TRAFFICKING. in Selected EU Member Countries, Candidate and Third Countries

Conference of the Parties to the United Nations Convention against Transnational Organized Crime

Thailand Responses to Trafficking in Persons

United Nations Office on Drugs and Crime United Nations Division for the Advancement of Women

Juvenile Justice System in Myanmar with a view on cross-border safeguards for children in contact with the law

OLR RESEARCH REPORT OLR BACKGROUNDER: HUMAN TRAFFICKING. By: Susan Price, Senior Attorney

COUNTRY BASELINE UNDER THE ILO DECLARATION ANNUAL REVIEW MONTENEGRO (2017) THE ELIMINATION OF ALL FORMS OF FORCED OR COMPULSORY LABOUR

Trafficking in human beings - EU legal and policy framework

Prosecuting Human Traffickers in Ghana: Challenges and Recommendations

Human and Sex Trafficking. Professor Friday Okonofua

Managing Return Migration when Entry or Stay is not Authorized

PERMANENT MISSION OF THE REPUBLIC OF ALBANIA

Japan s 2009 Action Plan to Combat Trafficking in Persons

Japan s Action Plan of Measures to Combat Trafficking in Persons

PROSTITUTION IN SOUTH AFRICA:DEVELOPING A RESEARCH AGENDA

The Feminization Of Migration, And The Increase In Trafficking In Migrants: A Look In The Asian And Pacific Situation

SEVENTH ANNUAL MEETING

Transcription:

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

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. 9 10 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 11 12 2

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. 13 14 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) 15 16 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

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 19 20 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 21 22 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 2002 23 24 4

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 25 26 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 27 28 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 12-23 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

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 2002-2004 Trafficking Patterns: Primarily a destination country 31 32 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 2000. 34 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

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 37 38 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

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 (800 290 290) 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. 45 46 8