chapter 9 Preventon of traffckng n persons 491 DISCOURAGING DEMAND Tool 9.12 Defnng the concept of demand Overvew Ths tool consders what demand means wth respect to human traffckng. What do we mean when we talk about demand n relaton to traffckng? Traffckng can be dealt wth from both the demand and supply sdes. It s mportant to prevent traffckng but also to dscourage the demand that fosters all forms of explotaton of persons that leads to human traffckng. Destnaton States should examne the factors that make them attractve for human traffckng and address these factors n a multfaceted way. There s no agreed defnton of the term demand. It usually refers to the desre for a partcular commodty, labour or servce, but n the context of human traffckng, the demand s for labour that s explotatve or servces whch breach the human rghts of the person delverng those servces. In practce, t s often dffcult to dfferentate between demand for labour and servces whch are legal and acceptable (and a natural element of productve markets) and those that are not. The employer of labour or the consumer of servces may not be aware that the labour or servces are beng provded by a person who has been traffcked. Ths means that analyss of demand for traffcked persons s best undertaken n the context of a wder analyss of certan types of labour or servces, n whch traffcked persons could be exploted. Evdence ndcates three levels of demand related to human traffckng: Employer demand (employers, owners, managers or subcontractors) Consumer demand clents (n the sex ndustry), corporate buyers (n manufacturng), household members (n domestc work) Thrd partes nvolved n the process (recruters, agents, transporters and others who partcpate knowngly n the movement of persons for the purposes of explotaton)
492 Toolkt to Combat Traffckng n Persons The demand sde of traffckng generally refers to the nature and extent of the explotaton of the traffcked persons after ther arrval at the pont of destnaton, as well as the socal, cultural, poltcal, economc, legal and developmental factors that shape the demand and facltate the traffckng process. Source: Demand Sde of Human traffckng n Asa: Emprcal Fndngs (Bangkok, Internatonal Labour Offce, 2006), avalable at: www.lo.org/publc/englsh/regon/asro/bangkok/lbrary/pub16a.htm Artcle 9, paragraph 5, of the Traffckng n Persons Protocol Preventon of Traffckng n Persons As brefly dscussed n Tool 9.1, to merely address factors on the supply sde of traffckng s to neglect half of the traffckng process. Artcle 9, paragraph 5, of the Traffckng n Persons Protocol hghlghts the need to address the demand for labour and servces delvered by traffcked people: States Partes shall adopt or strengthen legslatve or other measures, such as edu catonal, 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 text of the Organzed Crme Conventon and the Protocols thereto can be found at: www.unodc.org/unodc/en/treates/ctoc/ndex.html Recommended Prncples and Gudelnes on Human Rghts and Human Traffckng (E/2002/68/Add.1) (Unted Natons Hgh Commssoner for Human Rghts) Prncple 4 of the Recommended Prncples and Gudelnes on Human Rghts and Human Traffckng developed by the Unted Natons Hgh Commssoner for Human Rghts states: Strateges amed at preventng traffckng shall address demand as a root cause of traffckng.
chapter 9 Preventon of traffckng n persons 493 Gudelne 7 of the same document (provded n full n Tool 9.1) states n paragraph 1 that States should consder 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. The Recommended Prncples and Gudelnes on Human Rghts and Human Traffckng are avalable at: www.unhcr.bg/other/r_p_g_hr_ht_en.pdf Brussels Declaraton on Preventng and Combatng Traffckng n Human Bengs The Brussels Declaraton was made at the European Conference on Preventng and Combatng Traffckng n Human Bengs Global Challenge for the 21st Century, held n September 2002. Annexed to the Declaraton are Recommendatons, standards and best practces. In ths annex, under the headng Preventon of traffckng n human bengs, secton 7, Root causes, states that: It should be an essental and common goal for the fght aganst traffckng to address the reducton of the demand for sexual servces and cheap labour. Ths ncludes educaton to equal and respectful relatonshps between sexes, and awareness campagns especally targetng clents. Secton 8, Research, states that: A crucal component n the comprehensve counter-traffckng response wll be the further research and analyss of the demand sde of the traffckng process and an examnaton of methods by whch the demand of clents can be effectvely reduced. Secton 10, Awareness-rasng, states that: Awareness-rasng campagns amng at the demand sde of the traffckng process should be developed as part of a comprehensve process of reducng traffckng effectvely. The Brussels Declaraton on Preventng and Combatng Traffckng n Human Bengs s avalable at: http://regster.conslum.eu.nt/pdf/en/02/st14/14981en2.pdf
494 Toolkt to Combat Traffckng n Persons OSCE Acton Plan to Combat Traffckng n Human Bengs In ts Acton Plan to Combat Traffckng n Human Bengs, OSCE recommends acton at the natonal level to prevent traffckng, ncludng: 1. Data collecton and research 1.3 Conductng more far-reachng analyss of the root causes of traffckng n human bengs, ts demand and supply factors, ts networks and ts economc consequences, and ts lnk wth llegal mgraton 3. Economc and socal polces amed at addressng root causes of traffckng n human bengs 3.2 In countres of destnaton: Addressng the problem of unprotected, nformal and often llegal labour, wth a vew to seekng a balance between the demand for nexpensve labour and the possbltes of regular mgraton; 3.3 Whether n countres of orgn or countres of destnaton: Adoptng or strengthenng legslatve, educatonal, socal, cultural or other measures, and, where applcable, penal legslaton, ncludng through blateral and multlateral cooperaton, to dscourage the demand that fosters all forms of explotaton of persons, especally women and chldren, and that leads to traffckng. 4. Awareness-rasng 4.10 Addressng, also through the meda, the need to reduce the demand for the actvtes of persons traffcked for sexual explotaton, forced labour, slavery or other practces smlar to slavery and, n ths connecton, promotng zero tolerance towards all forms of traffckng. Source: The Acton Plan s annexed to OSCE Permanent Councl decson No. 557/Rev.1 and can be consulted at: www.osce.org/documents/pc/2005/07/15594_en.pdf OSCE Allance statement on demand The followng s an extract from a statement presented by La Strada Internatonal on behalf of the Allance Expert Coordnaton Team on 3 October 2006 wth reference to the Human Dmenson Implementaton Meetng Specal Day on Traffckng: In the debate on the demand sde of traffckng, the Allance calls upon States, ntergovernmental organzatons, non-governmental organzatons, labour unons and the prvate sector to: Broaden the awareness, attenton and research nto all forms of forced labour and explotaton, whether as a result of nternal or nternatonal traffckng, and the factors that underpn ts demand
chapter 9 Preventon of traffckng n persons 495 Tackle the problem of unprotected, nformal and often llegal labour whch leads to volatons of the rghts of mgrant workers and fosters traffckng and explotaton Support the organzaton/unonzaton of mgrant workers/traffcked persons to enable them to better protect ther rghts Ensure that nformal and unregulated work actvtes are brought wthn the protecton of labour laws to ensure that all workers enjoy the same labour rghts Collect nformaton and address all explotatve and hazardous forms of chld labour n conformty wth the ILO Conventon on the Worst Forms of Chld Labour and desgn strategc responses n lne wth the Conventon on the Rghts of the Chld Encourage the creaton of ethcal employer assocatons whch wll adhere to codes of conduct that ensure protecton of the rghts of ther workers Develop publc awareness campagns on products and servces that are produced by explotatve and forced labour and develop gudance to assst consumers n dentfyng goods or servces that have not been produced through explotaton Sgn and ratfy the Conventon on the Protecton of the Rghts of all Mgrant Workers and Members of Ther Famles and the Councl of Europe s Conventon on Acton aganst Traffckng n Human Bengs Engage n publc awareness campagns focusng on acceptance of mgrants and ther famles to reduce dscrmnaton and stgmatzaton of mgrant workers. On behalf of the Allance Expert Coordnaton Team: OSCE Offce on Democratc Insttutons and Human Rghts, OHCHR, UNDP, UNICEF, Unted Natons Development Fund for Women (UNIFEM), ILO, IOM, Internatonal Federaton of Red Cross and Red Crescent Socetes, ICMPD, Europol, INTERPOL, Dutch Natonal Rapporteur, Nexus Insttute, ACTA, Ant-Slavery Internatonal, ECPAT, La Strada Internatonal, Internatonal Federaton of Terre des Hommes, Save the Chldren, Amnesty Internatonal. The complete statement of the Allance and more nformaton about the approach to demand reducton adopted by the OSCE Offce for Democratc Insttutons and Human Rghts s avalable at: www.osce.org/tem/22263.html Promsng practce Camel jockeys n the Unted Arab Emrates For many years, young boys have been traffcked, prmarly from Bangladesh, Pakstan and the Sudan, to serve as camel jockeys n the Unted Arab Emrates. After years of campagnng by Governments, nternatonal organzatons and non-governmental organzatons, a partcularly nnovatve approach to curtal demand emerged n 2005. In lght of legslaton bannng the use of young boys, camel owners started usng remote-control operated robots of comparable sze to the young boys formerly used.
496 Toolkt to Combat Traffckng n Persons More nformaton on ths ssue s avalable at: www.ansarburney.org/human_traffckng-chldren-jockeys.html For the perspectve of Ant-Slavery Internatonal on the response of the Unted Arab Emrates, vst: www.antslavery.org/archve/brefngpapers/lo2006uae_camel jockeys.pdf Dscouragng demand for forced labour n Brazl Legal ntatves n Brazl have ncluded several measures to address forced labour. In 2006, a regulaton was ssued requrng State fnancal nsttutons to bar fnancal servces to enttes lsted n the Mnstry of Labour s drty lst, whch contans the names of persons and companes documented as users of forced labour. Croata The Crmnal Code of Croata was amended n October 2004 to crmnalze traffckng, the defnton of whch goes beyond that provded n the Traffckng n Persons Protocol to not only penalze traffckers, but also clents of traffcked persons f the clents knew the persons had been traffcked. Recommended resources Demand Sde of Human Traffckng n Asa: Emprcal Fndngs (ILO, 2006), avalable at: www.lo.org/publc/englsh/regon/asro/bangkok/lbrary/pub16a.htm The Mekong Challenge Human Traffckng: Redefnng Demand (ILO, 2005), avalable at: www.lo.org/publc/englsh/regon/asro/bangkok/lbrary/pub16a.htm