Live online consultation: Trafficking in persons in times of crisis

Live online consultation: Trafficking in persons in times of crisis Summary report of the online consultation event organized on 18 June 2015 by PHAP in collaboration with IOM and Caritas in support of the World Humanitarian Summit June 2015 IOM OIM

About this report This report summarizes the outcomes of the online event organized by PHAP in support of the World Humanitarian Summit consultations on 18 June 2015. The World Humanitarian Summit will take place in Istanbul in May 2016. The objective of the event which will be the first-ever humanitarian summit of this scale and scope is to set a future agenda for humanitarian action to ensure improved responsiveness to the changing humanitarian landscape in terms of greater needs, more diverse actors, new technologies, and political and economic shifts. As the only individual-based professional association bringing together all parts of the humanitarian sector, PHAP s mission is to enhance the capacity of the global humanitarian community to respond effectively and professionally to current and future crises. PHAP s truly global network including staff of local and international NGOs, intergovernmental organizations, the UN, the Red Cross and Red Crescent movement, academia, governmental agencies, and the private sector can make important contributions to consultations and discussions, engaging as experienced professionals concerned with the future of humanitarian action as a whole. June 2015 CONTACT International Association of Professionals in Humanitarian Assistance and Protection (PHAP) Rue de Montbrillant 87 1202 Geneva, Switzerland +41 22 518 04 58 info@phap.org DISCLAIMER: Neither PHAP nor any of its employees, nor any of their contractors, subcontractors or their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or any third party s use or the results of such use of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by PHAP. The views and opinions of authors expressed herein do not necessarily state or reflect those of PHAP.

Live online consultation: Trafficking in persons in times of crisis, 18 June 2015 Live online consultation: Trafficking in persons in times of crisis, 18 June 2015 Speakers Dr. Maria Grazia Giammarinaro, UN Special Rapporteur on trafficking in persons, especially women and children Laurence Hart, Head of the Migrant Assistance Division, International Organization for Migration (IOM) Sarah Craggs, Regional Migrant Assistance Specialist, International Organization for Migration (IOM) Regional Office for the Middle East and North Africa Agnes Tillinac, Consultant and Counter-Trafficking Expert, International Organization for Migration (IOM) Geneviève Colas, Coordinator of the network Together against trafficking in human beings, Secours Catholique Caritas France Olivier Peyroux, Sociologist and legal expert on trafficking in human beings Host and moderator: Angharad Laing, Executive Director, PHAP 3

Executive Summary Executive Summary On 18 June 2015, PHAP hosted an online briefing and consultation event in support of the World Humanitarian Summit on Trafficking in persons in times of crisis. The event was organized in collaboration with the International Organization for Migration (IOM) and Caritas Internationalis as a follow up to a side event to the 29th session of the Human Rights Council on the same topic on 16 June 2015. More than 200 individuals participated in the event, active in different parts of the humanitarian sector, as well as in development assistance and other related areas, and from more than 80 countries. The event began with introductory remarks by the Special Rapporteur, followed by presentations on the findings and recommendations from recent IOM and Caritas reports on the topic of trafficking in persons in crisis situations, and a Q&A session. Participants from around the world participated actively in the discussions through the chat and live polls. There were a number of points raised that were of particular importance during the consultation, these being: Trafficking in persons should be considered and treated as a crime and violation of human rights that can manifest as a direct consequence of situations of crisis and not as a separate phenomenon; Prevention and protective response to trafficking in persons must be given higher priority within humanitarian action; Counter-trafficking efforts should be understood as immediate life-saving activities during emergencies; Populations vulnerable to trafficking must be given the same priority as any other crisis-affected population; Counter-trafficking strategies and activities should be incorporated within the existing humanitarian Cluster System, as well as into existing assessment, monitoring and funding mechanisms, and not within a separate structure; The evidence base and knowledge relating to trafficking in persons in crisis situations needs to be improved including through systematic data collection on cases of trafficking in persons encountered by humanitarian actors. 1 A recording of the event can be accessed at phap.org/whs-18jun2015 4 Live online consultation: Trafficking in persons in times of crisis

Introductory Remarks by the UN Special Rapporteur Introductory Remarks by the UN Special Rapporteur Dr. Giammarinaro made the following key points in her introductory remarks: Trafficking in persons has not generally been treated as a direct consequence of crises, as the evidence presented by the International Organization for Migration (IOM) and Caritas to the Human Rights Council indicates. Three factors, in particular, exacerbate vulnerabilities and risks during crises: 1. The breakdown of rule of law. 2. Social and economic losses of already vulnerable populations. The presence of armed groups, and other actors (in some cases also of peacekeepers) heightens the demand for sexual services and different forms of forced recruitment and cheap labor. It is necessary to achieve a better understanding of what happens in crisis situations in order to be able to assist governments and actors in the field to identify cases of trafficking and to protect and assist trafficked persons and those at risk of being trafficked. There is a lack of awareness of the link between trafficking and crisis situations leading to the issue not receiving the attention it deserves. Protection of persons from trafficking needs to be one of the priorities during crisis, because for many it is a matter of life and death. Women and girls are at risk of becoming victims of trafficking in crisis situations, as they can be sold into prostitution by armed and criminal groups as a source of revenue. Children are at risk in any crisis situation. The economic loss and lack of job opportunities associated with crisis situations may push them to become the household breadwinners through sexual and labor exploitation. One of the expected outcomes of the reports by IOM and Caritas is increased awareness on the need to enhance the capacity of humanitarians in identifying victims of trafficking in order to enable appropriate response and referrals. Humanitarian actors should more clearly include trafficking among their priorities. 5

Panel Discussion Panel Discussion Presentation by IOM Laurence Hart began by stating that trafficking in persons in times of crisis has become a priority for IOM, being an issue that IOM has noticed during a number of past and present crises and that needed to be addressed and analyzed in depth. He made the following points: The identification of cases of trafficking is often hampered by definitional difficulties, lack of knowledge, and the existence of grey areas between trafficking and other forms of exploitation. There is a misplaced assumption that trafficking is not a direct consequence of the crisis, which impairs the documentation, reporting, identification and assistance to victims, as well as subsequent criminal investigation. n = 82 Counter-trafficking efforts are often not understood as immediate life-saving activities in an emergency situation while in reality they are a matter of life and livelihood for the victims. Therefore, those vulnerable to trafficking must be given as much priority as any crisis-affected population. An adequate response must ensure their protection, and counter-trafficking must be included within the current Cluster System. Sarah Craggs and Agnes Tillinac introduced the recent IOM report entitled Addressing Human Trafficking and Exploitation in Times of Crisis. 2 The report had been commissioned to: Provide evidence-based findings on the incidence or risks of trafficking and broader forms of exploitation affecting mobile populations in various crisis settings. Participant poll: Is there a risk that we overstate the problem of human traffickin in crisis situations? I don't know 7% Participant poll: Has the issue of trafficking in persons in times of crisis been given sufficient attention so far in the World Humanitarian Summit consultations? Yes, it has already been given sufficient attention 0% I don't know 28% No, it needs to be given more attention in the consultations 72% Help formulate internal guidance for field staff and IOM partners on how to address particular vulnerabilities to trafficking and exploitation in situations of crisis. No, I don't see this as a risk 67% Yes, since we know too little 26% Provide recommendations for the broader international humanitarian community. Ensure mainstreaming and integrating of the anti-trafficking response, especially in the fields of protection and prevention, within current humanitarian response structures. The research included the following main findings: n = 54 2 The full report is available for download at https://phap.org/whs-18jun2015 6 Live online consultation: Trafficking in persons in times of crisis

Panel Discussion Participant input: If you had to choose only one measure to improve the current situation for how trafficking in persons is dealt with in crisis situations, what would this be? Crisis situations can exacerbate existing vulnerabilities, and the consequent disruption of livelihoods can lead to negative coping mechanisms which in certain cases, can lead to trafficking and various forms of exploitation. Participants highlighted in particular: Integrating anti-trafficking measures into existing humanitarian frameworks. Building capacity of humanitarian workers to better be able to identify and handle cases of trafficking. Awareness-raising among affected and vulnerable people. Improve referral mechanisms and access to justice for victims. For a list of all participant responses, see Appendix A New forms of trafficking and new actors are likely to emerge in crisis settings. In the case of armed conflicts, armed groups and militias may use trafficking as a means to achieve financial goals; to strengthen logistics; and to provide sexual services, and a cheap source of labor. Peacekeepers and expatriate staff may also be perpetrating forms of exploitation, particularly trafficking for sexual exploitation. Displacement and mobility create additional risks for exploitation and trafficking in countries affected by crisis as well as in neighboring countries. IDP camps and employment sites for migrant workers emerge as pools for traffickers looking for cheap or free labor force and sexual services. During armed conflict, natural disasters, and protracted crises, affected persons may also engage in risky methods for migration and as coping mechanisms, further heightening their vulnerability. Trafficking in persons should be seen as directly related to crisis, and not only as a side phenomenon. The prevention of trafficking and exploitation are best addressed at the onset of the humanitarian crisis response, but should also be considered as part of preparedness and post-crisis responses. There are important protection gaps in relation to trafficking in persons in crisis situations, as it is not yet addressed as a protection concern in a systematized and institutionalized manner. The IOM report included several recommendations related to humanitarian response and human trafficking: Humanitarian response to human trafficking must be context-specific and evidence and needs-based. Such response to trafficking must be considered as a life-saving protection activity. It should be operationalized and fully integrated before, during and after a crisis. It should be systematically incorporated into assessment, monitoring and funding mechanisms. Participant poll: Do we know enough at present about trafficking in crisis situations to act effectively against it? No, we need a better understanding in order to not waste resources or exacerbate situations 76% I don't know 5% Yes, we have sufficient knowledge to act effectively 19% n =85 7

Panel Discussion Presentation by Caritas Internationalis Geneviève Colas and Olivier Peyroux introduced Caritas Internationalis research-action on Trafficking in human beings related to conflict and post conflict situations. The main findings included: NGOs and other actors do not sufficiently take into consideration certain populations at risk of being trafficked. Participant poll: Should preventing and combating trafficking in crisis situations be a priority objective for humanitarian actors? No, humanitarian actors should prioritize this less 1% I don't know 4% Certain types of trafficking in post-conflict situations are neglected. The process of exploitation and trafficking begins at the outset of a situation of conflict. Not only persons in countries affected by conflict but also refugees are victims of trafficking. No, humanitarian actors are sufficiently prioritizing this 0% n = 96 Many girls are victims of forced marriage in order to obtain protection, which can turn into trafficking for sexual exploitation and/or domestic exploitation. In post-conflict situations, the issue of trafficking in persons has remained mostly unaddressed, leading to continuing cases of trafficking. Religious minorities such as Dom, Yazidis, Christians and Kurds were found to be especially vulnerable populations in the countries studied, including in post conflict scenarios. Children are often particularly vulnerable to trafficking in crisis situations, Yes, humanitarian actors need to prioritize this more 95% Humanitarian organizations could sometimes exacerbate the situation by inadvertently strengthening the position of actors responsible for trafficking and exploiting people. Migrant smuggling and trafficking, often considered as two separate issues, must be seen as strongly interconnected, especially as smuggling can become a stepping-stone to trafficking in persons. Participant poll: Should humanitarian actors spend their limited resources on trying to address root causes or should they focus on improving the situation for already existing victims or those at risk in crisis situations? Q&A session Several participants asked questions relating how can we deal with the causes of trafficking and what were the main barriers to addressing the root causes. Other 19% They should focus on improving the situations of existing victims 17% They should divert resources to trying to address root causes 64% It is important to address needs related to education and poverty where trafficking flourishes. The presence of NGOs and grassroots organizations on the ground can help to prevent and address the issue. Religious actors often play an important role as affected persons may seek them out for shelter and food. However, these actors may not be well equipped to understand the different needs of trafficked individuals nor to be able to direct them to the relevant institutions n = 63 3 Full update report available at https://phap.org/whs-18jun2015 8 Live online consultation: Trafficking in persons in times of crisis

Panel Discussion for assistance. These actors also need to be able to work together with law-enforcement actors and a functioning judiciary. As crisis situations can also induce some individuals to become traffickers due to economic hardship, it is important to address how to ensure that these individuals, who would not engage in trafficking in normal times, do not end up doing so during crises. It is important to counteract discrimination in order to reduce the likelihood of persons being trafficked. Without any immediate or durable solutions for individuals in crisis settings, affected persons may end up relying on negative coping mechanisms or risky survival strategies. During emergencies when the mandated agencies are usually overburdened and at times resistant to combatting trafficking, and the government is often complicit, what would you recommend are the best ways to prevent trafficking from a disaster management or community perspective, given that the cluster system does not necessarily effectively coordinate the partners on the ground? Participant poll: Should responding to the issue of human trafficking in crisis situations be done by integration into existing response structures, or do we need a separate mechanism? n = 69 I don't know 3% We need a separate mechanism 3% We need both integration and a separate mechanism 27% It should be integrated into existing structures 67% IOM s recommendations are geared towards integration into existing mechanisms, rather than the creation of separate mechanisms. The Palermo Protocol has been widely ratified, and significant counter-trafficking programs have been undertaken by governments, NGOs, and INGOs, providing a basis from where to start. That foundation needed to be built upon while also strengthening a grassroots approach. How can we effectively identify and assist victims in crisis zones, including war zones, where there is no central government, no law enforcement, and no traditional armed forces? It is important that there are functioning referral pathways, and that diverse frontline responders have the necessary basic information regarding these. Basic awareness raising and capacity building is key. Official numbers are extremely low for many countries where we know there is extensive trafficking happening. Caritas Lebanon has attempted to address this issue by training teams to use a list of indicators in order to identify trafficking victims among children. How can we elevate this issue to a higher level of concern so all actors in a crisis situation are sensitive and working together to prevent trafficking? Further evidence and data collection is needed. While different agencies, including IOM, encounter victims of trafficking, there is no systematic data collection on this. Such data would allow a better view of how trafficking becomes exacerbated in times of crisis, which in turn could lead to more targeted measures, rather than being part of only generic protection measures. Advocacy is a collective responsibility of all actors addressing trafficking issues. 4 The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, see http://www.unodc.org/unodc/treaties/ctoc/ 9

Panel Discussion Highlights from the participant chat The event saw a very lively discussion among the participants. Among other things, the chat highlighted the following issues: Not only armed conflicts, but also natural disasters, trigger human trafficking. It is necessary to ensure that there are more durable solutions for affected people, including by involving the private sector more actively or making temporary migration to other countries easier, so that they do not have to turn to risky behavior for their survival. Monitoring mechanisms for trafficking in persons should be put in place at the beginning of crises. Local customs and norms need to be taken into account, as certain phenomena, such as early marriage, may be seen as an acceptable practice, and not as leading to exploitation and trafficking. Local actors have the best understanding of specific needs, and international actors should put more focus on training and capacity building of local partners. While it is important to involve religious leaders in counter-trafficking initiatives, caution should be taken in cases that they may be taking part in practices associated with trafficking, such as early marriage. To follow the full chat, please refer to the event recording on https://phap.org/whs-18jun2015 Concluding Remarks In their concluding remarks, the panelists highlighted what they saw as some of the most important steps moving forward: Laurence Hart concluded by saying that inclusiveness is critical. The question is how to better link humanitarian and development actors. In times of crisis, humanitarian actors may primarily be responsible for the protection of persons vulnerable to trafficking, but that responsibility would then be passed on to development actors after the crisis, if there were no government in place that can take on that responsibility. Establishing standard operational procedures for counter-trafficking and clear roles and responsibilities is crucial to this end. Sarah Craggs stressed the importance of systematically including trafficking in protection efforts before, during, and after crises in order to prevent exploitation. Agnes Tillinac highlighted the need for further data collection and surveys, given that trafficking in persons in times of crisis is still a relatively undocumented issue. Olivier Peyroux pointed out that the next step for Caritas research-action is to explore ways to address vulnerabilities, and scaling up such solutions to help victims of trafficking. Geneviève Colas remarked that it is important to work not only within existing NGO networks, but also with States, which need to take more responsibility to address this issue. 10 Live online consultation: Trafficking in persons in times of crisis

Appendix A: Participant responses to free-text poll questions Appendix A: Participant responses to free-text poll questions Poll question: Given limited resources, if you had to choose only one measure to improve the current situation for how trafficking in persons is dealt with in crisis situations, what would this be? Enlisting of most vulnerable such as widows, young girls, orphans etc. and ensure community based monitoring mechanisms, supported by local administration, and complemented by protection work. Independent Consultant (Switzerland) Harder sanctions. Regional Disaster Lead, Red Cross and Red Crescent Movement Raising awareness and building capacity to identify victims and refer them to existing assistance mechanisms. When these mechanisms do not exist build capacities in country to address trafficking with the available means. Policy Officer, intergovernmental organization (Switzerland) Make local law enforcement in countries of origin aware of what to look for to prevent trafficking. Coordinator, intergovernmental organization (Malaysia) Zero tolerance policy towards traffickers. Liaison Officer, intergovernmental organization (Italy) Make human trafficking part of humanitarian response planning cycle. Coordinator, international organization (Kenya) Create awareness among potential vulnerable groups. Program Assistant, research and policy centre (Austria) Increase capacity of GBV, child protection and other protection practitioners to effectively identify and address human trafficking so that no one falls through the cracks and the issue is not overlooked. Intern, intergovernmental organization (France) To undertake preventive measures in crisis zones. Associate, NGO (Nigeria) Awareness-raising through community education, campaigns and advocacy. Counselor, NGO network (Philippines) Identify traffickers and rehabilitate them. Communications Volunteer, INGO (United Kingdom) Create awareness of trafficking in persons before, during and after crisis and by integrating it with other lifesaving mechanisms. Project Assistant, intergovernmental organization (Kenya) Adequately address the push and pull factors. Operations Officer, intergovernmental organization (South Africa) Strengthen identification and referral mechanisms through integration into existing humanitarian frameworks/ structures. 11

Appendix A: Participant responses to free-text poll questions Project Development Officer, intergovernmental organization (South Africa) Activate a cluster to look at the overall issues on this other than pegging it in the protection cluster. Emergency Coordinator, INGO (Kenya) Integrate anti-trafficking screening into other sector interventions such as food, health, etc. Director, foundation (United States) Integrating trafficking as part of project planning cycle and ensuring all interventions from governments and civil society are including the problem. Child Rights Advisor, INGO (Canada) Invest in better analysis to identify context-specific patterns of trafficking. We invest in assessment and monitoring, but not enough on the analysis that can better inform our program response. Program Manager, NGO network (United States) Improve the controls/knowledge to identify the vulnerable victims to do something to protect them. Resource Management Assistant, intergovernmental organization (Bolivia) Access to justice, rehabilitation and integration of victims. Assistant Director, government agency (Nigeria) Have a cluster dedicated to trafficking in human beings in the Emergency Response. Program Development Manager, NGO (Lebanon) Need to address demand - it would lower and/or stop the need for supply. Social worker (United Kingdom) More funds to train and increase local public security actors accountabilities. Humanitarian Adviser, UN organization (Jordan) Raise awareness for the victims on risks and development of tools to be used by the operators on the field to early identify the victims. Project Manager, INGO (Italy) Access to viable income generation opportunities for vulnerable people. Research Officer, research and policy centre (Austria) Focus on the demand side: When looking at sex trafficking operations we need to use a business approach because the people that traffic youth into prostitution look at them as nothing but commodities. Program Specialist, INGO (United States) Build capacities in identifying victims of trafficking and enhance referral mechanism. Project Assistant, intergovernmental organization (Slovakia) Promoting peacebuilding initiatives, addressing the underpinning causes of human trafficking such as high unemployment, abject poverty, internal conflicts, unstable or oppressive political regimes, and grave violations of human rights are important. Freelance consultant, academic network (United Kingdom) Developing the communication tools at the disposal of humanitarian actors to empower local populations affected by crisis. Independent (Belgium) Protection and reintegration of victims. President, educational organization (Portugal) 12 Live online consultation: Trafficking in persons in times of crisis

Appendix A: Participant responses to free-text poll questions Raising awareness, sensitizing crisis-affected people to risks of trafficking but, this needs to be coupled with assistance to address their immediate needs so as to reduce their vulnerability. M&E Officer, intergovernmental organization (Bangladesh) Increase capacities and training of humanitarian actors to identify potential victims and to inform refugee communities. Policy Director, INGO (Holy See) 13

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