Irregular Migration, Trafficking in Persons and Smuggling of Migrants 1
Understanding Irregular Migration Who are irregular migrants? Why does irregular migration exist? How do migrants become irregular? What can be done to address the problem of irregular migration? 2
Who? Who are they? An Irregular Migrant is: Someone who, owing to illegal entry or the expiry of his or her visa, lacks legal status in a transit or host country. The term applies to migrants who infringe a country s admission rules and any other person not authorized to remain in the host country Glossary on Migration, IOM 3
Why? Inability to achieve personal goals in the country of origin Economic situation in the country of origin Inequitable system in the country of destination Victims of crimes Poor understanding of the laws 4
Responses How can one help these migrants to realize their goals? Adjust laws and migratory policies to the reality of the situation Actions and tools that can be used to address irregular migration: Regularization/amnesty Open legal channels Voluntary return Readmission Information campaigns Border control Expulsions Development activities 5
Trafficking in Persons 6
FAQs True or False? 1. Only uneducated, poor people are trafficked 2. People who migrate legally cannot be victims of trafficking 3. A trafficker is someone who assists migrants to cross borders illegally 4. People who sign employment contracts cannot be victims 5. Victims of trafficking are always women and children 6. Traffickers are always foreign men unknown to the victim 7. Trafficking victims are always abducted by force 8. Trafficking always results in the prostitution or sexual exploitation of the victim 9. Prostitutes cannot be victims of trafficking 10. Victims of trafficking do not escape because they are always confined and locked up 7
The IOM (CTM) Database Age Demographics Age Range Female % Male % Total % Below 14 301 2.3 361 2.8 662 5.1 14-17 1168 9.0 312 2.4 1480 11.4 18-24 5405 41.5 639 4.9 6044 46.4 25-30 2239 17.2 314 2.4 2553 19.6 Over 30 1564 12.0 589 4.5 2153 16.5 No Info Available 74 0.6 52 0.4 126 1.0 Total 10751 82.6 2267 17.4 13018 100 8
The IOM (CTM) Database Socioeconomic demographics A majority of 2/3 stated their set-up to be poor or very poor prior to trafficking while only 10% of caseload stated their situation to be standard or well off Family Ecomomic Status 3608 6361 46 1225 1778 Poor Very poor Standard Well-off N/A 9
The IOM (CTM) Database Education profiles Educational level # of VoTs % Primary or elementary school 1415 10.9 Middle school 2344 18 High/ secondary school 2250 17.2 Religious education 7 0.1 Technical training 2355 18.1 University 971 7.5 None 589 4.5 Other 185 1.4 Not available 2902 22.3 Total 13018 100 10
The IOM (CTM) Database Entry into trafficking process 3556 Recruitment method 961 10 286 622 7583 Advertisement (internet; newspaper; radio; TV) Kidnapped Personal contact Sold by family members Other N/A 11
Objectives Trafficking in Persons Causes Trafficking in Persons History Difference Trafficking in Persons / Smuggling of Migrants Trafficking Protocol in depth Other instruments regarding Trafficking in Persons 12
Trafficking Phenomenon Causes (Country of origin) - Poverty - Lack of opportunities/unemployment - Social and political conflicts (destabilized and displaced population) - Natural disasters (destabilized and displaced population) - Social and cultural practices Marginalization/Subordination of women Sale of young women by their families Entrusting poor children to more affluent friends or relatives 13
Causes (in country of destination) Demand for inexpensive labor Demand for sex services Restrictive immigration policies 14
Trafficking in Persons - History 15
Counter-trafficking before 2000 Brussels Act of 1890 International Agreement for the Suppression of White Slave Traffic, 1904 International Convention for the Suppression of White Slave Traffic, 1910 International Convention to Suppress the Traffic of Women and Children, 1921 1926 Slavery Convention International Convention for the Suppression of the Traffic in Women of Full Age, 1933 16
Counter-trafficking before 2000 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery 17
Counter-trafficking before 2000 1930 ILO Convention No.29 concerning Forced or Compulsory Labour 1957 ILO Convention No.105 concerning the Abolition of Forced Labour 1973 ILO Convention No.138 concerning Minimum Age for Admission to Employment 1999 ILO Convention No.182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour 18
Trafficking in Persons and Smuggling of Migrants 19
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Human Trafficking is A Process that is commonly described by 3 steps: 1. Recruitment 2. Transportation 3. Exploitation of a person A form of irregular migration An organized crime A problem which may affect between 600,000 and 4 million people annually 21
UN Convention Against Transnational Organized Crime, 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children Protocol Against the Smuggling of Migrants by Land, Sea and Air The number of countries that have signed and ratified the instruments (Status as of March 2009): The Convention: Signatories: 147, Parties:147 Trafficking Protocol: Signatories: 117, Parties: 127 Smuggling Protocol: Signatories: 112, Parties: 119 22
The Crime of Trafficking in Persons Art 3(a): Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons by means 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. 3 key elements: Action Means Purpose 23
The Crime of Trafficking in Persons a. Exploitation shall include, at a minimum, the exploitation of the prostitution of others, or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs... 24
Forced Labour? forced or compulsory labour shall mean All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. (Art. 2, Forced Labour Convention) 25
Slavery? Slavery: is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. (Slavery Convention, 1926) 26
b. The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; The Crime of Trafficking in Persons 27
c. The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered trafficking in persons even if this does not involve any of the means set forth in subparagraph (a) of this article; d. Child shall mean any person under 18 years of age. The Crime of Trafficking in Persons: Children 28
Other Crimes Committed by Traffickers Recruitment Transportation Exploitation Other crimes Document Forgery Document Forgery Extortion Money Laundering Kidnapping / Abduction Violations of Immigration Law False imprisonment Tax Evasion Fraud Corruption of Officials Unlawful coercion Corruption of officials Withholding Documents Sexual Crimes Violence Violations of Immigration Law Document Theft Assault, Sexual Abuse and Rape Torture and Death Other forms organized criminal activities (e.g. drug smuggling) 29
Protocol against Smuggling Smuggling of migrants shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident; Illegal entry shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State. 30
Trafficking & Smuggling: Similarities and Differences 31
What is the difference between Trafficking & Smuggling? 3 Differences Trafficking Smuggling 1. How money is made Exploitation of victim in destination country Helping people cross borders illegally 2. The question of consent (agreement) 3. Relationships Trafficker-Victim Smuggler-Client Potential victim agrees to travel on basis of false information Trafficker-Victim Relationship continues in country of destination Client agrees to travel with full information about journey, destination and costs Smuggler-Client Relationship ends once border is crossed in country of destination 32
Trafficking Protocol 33
Trafficking Protocols Purposes To prevent and combat trafficking paying particular attention to women and children To protect and assist victims To promote cooperation amongst States to meet these objectives 34
Achievements of the Protocol Definition of trafficking in persons First major step to international legal response to trafficking Obligation to criminalise trafficking Obligation to combat the root causes of trafficking Broad definition of coercion Wide ratification 35
Shortcomings of the Protocol Some key terms are not defined (victim, abuse of vulnerability, forced labour, etc.) Protection of victims - only voluntary (no obligation) Minimalist approach to sanctions 36
Other instruments regarding Trafficking in Persons 37
Other Relevant Instruments Human Rights Law (CEDAW, CRC, ICRMW) 1951 Refugee Convention 2002 UN OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking 38
Regional Instruments - EUROPE EU Framework Decision (19/7/2002) EU Council Directive 2004/81/EC 2005 Council of Europe Convention on Action Against Trafficking in Human Beings 39
Regional Instruments - Asia & Americas Asia 2002 SAARC Convention on Prevention and Combating Trafficking in Women and Children for Prostitution ASEAN Declaration against Trafficking in Persons, Particularly Women and Children Americas 1994 Inter-American Convention on International Traffic in Minors Number of Resolutions of OAS on the subject, particularly, the CIM Resolution Fighting the Crime of Trafficking in Persons, Especially Women, Adolescent and Children (CIM Res. 225/2002) 40
Regional Instruments - AFRICA ECOWAS - Initial Plan of Action against Trafficking in Persons (2002-2003) - ECOWAS Declaration on the Fight against Trafficking in Persons (2001) AU - Protocol to the African Charter on Human and People s Rights on the Rights of Women in Africa, 2003 - African Charter on Rights and Welfare of the Child, 1990 SADC - draft Protocol on Gender and Development - no specific legislation on trafficking in persons, although SANTAC Conference in March 2007 called for a regional approach: «a protocol for the identification, support, assistance and protection of victims of trafficking» 41
From Law into Practice If human trafficking is not a new problem, is so severe, affects so many people, and has a legal definition, then Why is there such disparity between global statistics and prosecutions of perpetrators? 42
A Trafficked Person s Worldview How do you think you would feel if you were: How likely would you be to seek assistance? Would you cooperate with law enforcement officials? 1. Relocated to an environment where you didn t understand the language, customs? 2. Deprived of all your identification documents? 3. Debt bonded for $100,000? 4. Confined to one room or one house for 6 months? 5. Beaten and otherwise assaulted? 6. Knew that the safety of your family depended on your cooperation? 7. Saw your abuser s best friends wearing police uniforms? 43
IDENTIFYING VICTIMS IS NOT EASY Trafficked persons 1. May not speak local language 2. May not see themselves as victims 3. May feel responsible for a family debt 4. May not trust police 5. Fear their traffickers 6. May suffer Stockholm Syndrome 7. May have PTSD & Memory loss 8. May be in transit, or confused with migrant smuggling 44