UNITED NATIONS OFFICE FOR DRUGS AND CRIME Combating human trafficking
Dear Delegates, Welcome to Change the World NYC 2018! First of all, I would like to express all my pleasure and honor for being your Director during this incredible adventure. This paper, which aims at providing you with a starting background of the UN Committee you ll be part of and of the topic you ll discuss about, is just the first step of a long and exciting path that in few months will lead you to one of the most significant and challenging experiences of your young life. Passion. Challenge. Motivation: These are, according to me, the three main ingredients for the preparation of a MUN simulation. Passion that you ll see shining in the eyes of the fellows coming from all over the world you ll be able to meet and confront with. They ll share many of your desires and fears, but carry at the same time with them different backgrounds and point of views. A personally enriching and fruitful puzzle of ideas will thus be the final outcome of this confrontation. Challenge with yourself, your limits and dreams. Certainly not an easy task, especially if you re at your first experience, but a dare that will in the end return to you a priceless level of open mindedness and a brighter vision of the complexity of the reality we re facing everyday. Motivation necessary for being able to meet the expectations lying on you as delegates, such as the work of research and preparation before the conference, fundamental for finally writing an enlightening resolution, the observance of rules and procedures, as well as the reliance on an ethic code of conduct that provides, among the others, principles of tolerance, respect and fair discussion. Having said so, my advice is thus to put yourself, all of your effort and your skills into every step of this path, using this guide as a starting point for further research, studying the rules of procedure, training your public speaking skills and exploiting this opportunity to deepen your knowledge of UN institutions and procedures without giving up having fun. Furthermore, as members of UNODC commission, you ll have to deal with a very delicate and topical issue such as the one of human trafficking, for which a further degree of sensitiveness and transparency is certainly required. Let me end this opening letter by briefly introducing myself. I m Alessia Karen Pagani, currently Bachelor student of International Politics and Governments at Bocconi University in Milan. I have taken part in three MUN simulations as a delegate, in one of them as a Junior Staff member and this year I ll serve as Director of your Committee. Please feel free to refer to me for any question, doubt, idea or concern rising both before and during the simulation. Can t wait to meet you all in March in NYC. Let your (e)motions fly on the floor and good luck, delegates! Alessia Karen Pagani Director, United Nations Office for Drugs and Crime 2
United Nations Office on Drugs and Crime (UNODC) The United Nations Office on Drugs and Crime is an inter-governmental agency within the UN system born in 1997 by combination of the United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division and with a current number of around 500 staff members worldwide. Nowadays, UNODC represents a global leader in the fight against illicit drugs and international crime and is also responsible for the Un Counter-Terrorism Office. It thus operates in different but complementary directions: i. Against drugs. It provides education worldwide on the dangers of drug abuse and it works for the strengthening of the international action against illicit drug production, trafficking and drug-related crime. Several are the initiatives that UNODC has already launched in this context, such as alternatives in the area of illicit drug crop cultivation, monitoring of illicit crops projects against money laundering. ii. Against crimes. It works for the improvement of crime prevention, it assists with criminal justice reform in order to strengthen the rule of law, promote stable and viable criminal justice systems and combat the growing threats of transnational organized crime and corruption. iii. Against terrorism. In 2002, the General Assembly approved an expanded programs of activities for the Terrorism Prevention Branch of UNODC. The activities focus on providing assistance to States, on request, in ratifying and implementing the eighteen universal legal instruments. Its headquarters are in Vienna and it operates 20 field offices, as well as liaison offices in New York and Brussels UNODC has 20 field offices covering over 150 countries. By working directly with Governments and non-governmental organizations, UNODC field staff develop and implement drug control and crime prevention programs tailored to countries' particular needs. 3
UNODC s main treaties and protocols: a. Conventions against Drugs Single Convention on Narcotic Drugs (1961, 183 parties). It seeks to limit the possession, use, distribution, import, export, and production of drugs exclusively to medical and scientific purposes and to combats drug trafficking through international cooperation. Convention on Psychotropic Substances (1971, 183 parties). It codifies a set of internationally applicable control measures in order to ensure the availability of and psychotropic substances for medical and scientific purposes, while preventing their diversion into illicit channels. United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988, 189 parties). It provides comprehensive measures against drug trafficking, money laundering and the diversion of precursor chemicals and it enhances the importance of international cooperation in the extradition of drug traffickers. a. Conventions against Crime United Nations Convention against Transnational Organized Crime and the Protocols Thereto (2000, 147 signatories). It binds the signatory members to take some concrete measure against transnational organized crime, e.g. the creation of domestic offences and the adoption of a framework for mutual assistance, law enforcement and technical cooperation. United Nations Convention against Corruption (2003, 140 signatories). It is the only legally binding universal anti-corruption instrument and it covers five main areas: preventive measures, criminalization and law enforcement, international cooperation, asset recovery, and technical assistance and information. b. Conventions against Terrorism 19 Conventions adopted by the Office of Counter-Terrorism (between 1963 and 2014) in the fields of civil aviation, protection of international staff, hostages, maritime navigation, nuclear and explosive material, bombings, financing of terrorism and nuclear terrorism. 4
I. Combating Human Trafficking Topic overview According to OSCE data, from 2006 to 2014 the annual profit coming from human trafficking has increased worryingly, tripling from USD 44 billion to USD 150 billion. Adding to this data the Secretary General Ban Ki-moon s message on the 2014 World Day against Trafficking in Persons: Human trafficking is a callous global industry that denies victims their rights and dignity and generates billions of dollars for organized criminal networks. Most of those trafficked are vulnerable women and children deceived into a life of suffering. They are exploited for sex and forced to work in conditions akin to slavery, it is clear that trafficking in human being is not a neglectable problem, but it affects equally countries undergoing socio-economic transition and economically stable ones. Even if trafficking in human beings is a multifaceted, complex and dynamic social phenomenon, in 2000 UN, through its regional bodies, came to a proper definition to address this issue in the Protocol to Prevent, Suppress and Punish Trafficking in Persons 1 : The recruitment, transportation, or harboring of persons, by the means of the threat or use of force or other forms of the abuse of power to achieve the consent of a person for the purpose of exploitation. The adoption of this document by the UN General Assembly marked a significant milestone in international effort to stop trade in people, but translating it into really still remains problematic. Very few criminals are indeed convicted and most victims are probably never identified or assisted. Human trafficking is mainly induced by lack of gender equality, adequate education, employment opportunities and a high level of poverty and discrimination, causing factors that lead the affected countries to a threat which violates basic human rights and economic stability. 1 https://www.osce.org/odihr/19223?download=true 5
Source: https://combathumantrafficking.files.wordpress.com/2013/12/5babroad5dvictimsbyregion.png Furthermore, among the main purposes and types of exploitation it is possible to identify prostitution (sexual exploitation) and forced-labor (domestic, agricultural and industrial servitude) 6
7
In what follows, I provide you with some charts that could be useful for spotting the actual level of severity of children trafficking in your countries and identifying which role your country is actually playing (i.e. origin, transition or destination) 8
9
10
UN Past Actions Even if the UN Convention against Transnational Organized Crime has been the first legislation to define this typology of crime, it fails to focus on specific methods to fight the problem. Subsequently, the Protocol to Prevent, Suppress and Punish Trafficking in Persons (2000), supplementing the above cited Convention, on one hand delineates the requirements to convict criminals over such charges but on the other hand its policies are heavily preventative. The final act, in the form of the Action Plan to Combat trafficking in Human Beings, was drafted in 2003, and still represents the main source to consult for the future actions to be undertaken and the new legislation to be created. UNODC s Response to Human Trafficking Since the late 1990 s UNODC is offering practical help to the States for the drafting of laws, the provision of resource and assistance in terms of cross-border investigations and prosecutions and development of local expertise - and the creation of a comprehensive international anti-trafficking strategy. The most recent project developed with the idea of simultaneously fighting is summarized in the UNODC's Thematic Programme Against Transnational Organized Crime And Illicit Trafficking (2011-2013), where the three main interdependent and complementary components of its strategic approach are stated: research and awareness raising; promotion of the Protocols and capacity-building; strengthening of partnerships and coordination. Research and awareness-raising. UNODC will publish the next Global Report on Trafficking in Persons in December 2012, and biennially thereafter. UNODC also produces research and issue papers on trafficking in persons and migrant smuggling through the Blue Heart Campaign against Human Trafficking. Promotion of the Protocols and capacity-building. UNODC engages with Member States and working-level practitioners in providing legislative assistance, strategic planning and policy development, technical assistance for strengthened criminal justice responses, and protection and support to victims of trafficking in persons and smuggled migrants. Strengthening of partnerships and coordination. It occurs through UNODC s participation in inter-agency groups such as ICAT, UN.GIFT and GMG and its management of the UN Voluntary Trust Fund for Victims of Human Trafficking. 11
Main current initiatives a. Global Act. The Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants is a four-year (2015-2019) joint initiative by the European Union and UNODC, implemented in partnership with the International Organization for Migration UNICEF. It is aimed at assisting governmental authorities, victims of trafficking and smuggled migrants through strategy, policy and legislative development, legislative along with regional and trans-regional plan of cooperation and protection of victims. b. Human Trafficking Knowledge Portal. It is an initiative aimed at facilitating the dissemination of information regarding the implementation of the UN Convention against Transnational Organized Crime, increasing the visibility of successful prosecutions and promoting awareness about this type of crime. Its main tool is a Case Law Database on instances of trafficking in persons crime, thanks to which everyone who is interested is able to read about human trafficking issues, consult court decisions and practices from different countries and thus broaden her knowledge of human trafficking crimes. c. ICAT. The Inter-Agency Coordination Group against Trafficking in Persons is a policy forum mandated by the UN General Assembly to improve coordination among UN agencies and other relevant international organizations for facilitating the development of a comprehensive approach in the fight against trafficking in persons, including protection and support for victims through a gender and agesensitive and grounded in a human rights based-approach. Its main functions are the provision a platform for exchange of information; the support of the activities of the UN and other international organizations; the promotion of an effective and efficient use of existing resources through mechanisms already in place at the regional and national level. 12
d. Trust Fund. The UN Voluntary Trust Fund for Victims of Trafficking in Persons was created in August 2010 to provide governments, the private sector, international organizations, NGOs and individuals with of an opportunity of working together to help victims of human trafficking in a practical and tangible manner. As already underlined, UNODC was tasked with the management of this Fund. Its main mandate is thus to provide humanitarian, legal and financial aid to victims and to support the actions of specialized NGOs that ensure that they are identified, treated humanely and provided with the assistance, protection and support necessary for their physical, psychological and social recovery and reintegration back into their communities. Furthermore, a correlated effort is dedicated to providing access to justice, legal advice and assistance. Possible solutions 1. Prevention - Data collection: identification of the most vulnerable segments of the population and accurate analysis of the root causes - Border measures: control of means of transport operated by commercial carriers from being used in committing offences, keeping always in mind the importance of balance between security and freedom of movement - Awareness-raising: increase of awareness about trafficking among immigration authorities and consular and diplomatic personnel; information campaigns in schools and universities as well as directly in families to reach young people and to raise their awareness about trafficking. 2. Protection - Shelters: establishment of shelters, run by governmental bodies, NGOs, or other institutions of civil society to meet the needs of trafficked persons; social assistance and integration programs, including legal counseling in a language known by the victim, medical and psychological assistance and access to health care; - National Referral Mechanisms: combination of the efforts of law-enforcement bodies, including specially established anti-trafficking units and police at local level. 13
3. Prosecution - Legislation: legislation of provisions for effective and proportionate crime penalties, including imprisonment - Law enforcement: establishment of special anti-trafficking units with advanced training in investigating offences Guideline questions for your position paper What are the main actions undertaken in the past by my country against human trafficking? Is my country in a strategic position on the routes of trafficking? Is it an origin, transition or destination country? What possible solutions may my country propose/support? Has my country already signed some of UN conventions against human trafficking? What is the position of my major ally countries w.r.t the problem? How is my national legislation actually facing the issue of human trafficking? For further research http://www.un.org/en/index.html http://www.un.org/en/charter-united-nations/ https://www.unodc.org https://www.unov.org/unov/en/unodc.html https://www.unodc.org/unodc/en/human-trafficking/index.html https://www.unodc.org/unodc/en/human-trafficking/what-is-humantrafficking.html?ref=menuside http://www.unodc.org/documents/data-andanalysis/glotip/glotip_2014_full_report.pdf http://www.osce.org/odihr/23866 http://www.rrojasdatabank.info/unudp03/dp2003-072_1.pdf http://www.ungift.org/docs/ungift/pdf/humantrafficking/montenegro.pdf https://www.coe.int/t/dghl/monitoring/trafficking/docs/reports/greta_2012_9_fgr _MNE_en.pdf 14