Definition and Legal Framework Stockholm

8/7/2019 Definition and Legal Framework Stockholm

1/21

Trafficking in Human Beings:Definition and Legal

Framework

Training for Diplomatic and Consular Personnel

Stockholm

31 May 2010

Tatiana Jardan

IOM Moldova

31/05/2010 1THB: Definition and Legal Framework


2/21

31/05/2010 THB: Definition and Legal Framework 2

Objectives:

To learn about:

IOMs approach to Counter Trafficking

Basics of Human Trafficking phenomenon

International Legal Framework

Differences and similarities between traffickingand smuggling;


3/21


2

IOM-CTS 2005

INTERNATIONAL ORGANIZATION

FOR MIGRATION (IOM)

IOM is committed to the principle that humane and

orderly migration benefits both migrants and

society.

Protect the right of migrants and uphold their

human dignity and well-being Assist Governments in addressing operational

challenges of migration.

IOM acts with partners in the internationalcommunity to:


4/21


IOMs approach in

Counter Trafficking

Gover i ri i les:

Respect for human rights

Physical, mental and social well-being of the individual and his orher community

Sustainability through institutional capacity building of governments

and civil society

Oper tional Standards:

provide protection and empower trafficked women,men, girls and boys

raise awareness and understanding of the issue

bring justice to trafficked persons

Since 1994:

500 projects in 85 countries

approximately 15,000 trafficked persons assisted


5/21


What is Trafficking in Human Beings?

Trafficking is exploitation of people

People are exploited for sexual, labor,

removal of organs, servitude or other

purposes

Trafficking should be seen as a process,

starting with the recruitment and ending

with the exploitation of the victim


6/21

How does THB Work?

Recr it ent: Abduction, forcible recruitment, fullydeceptive recruitment, partially deceptive recruitment

Transportation: Country of origin, country of transit,

country of destination; Types: Legal or illegal; Means:Plane, bus, car, train, ship;

Exploitation:Sexual exploitation, forced labor, formsof slavery, begging, organ transplant, armed conflicts,

organized crime, surrogate mother;

Trafficking is No. 3 in the world after the illegal sales ofarms and narcotics in terms of profit.


7/21


The Causes

Human trafficking is a highly profitable crime that is basedon the principles of supply and demandand whichexploits a series of push and pull factors in the

countries of origin and destination

A continuous supply of victims within thecountries of origin

A constant and growing demand for theservices of the victims in the countries of

destination The criminal exploitation of these two

factors by international organised criminals


8/21


Push Factors:

Poverty and the feminisation of poverty

Lack of education

Unemployment

Gender discrimination

Domestic violence

Life within dysfunctional families

Impact of conflict or transition on countries Lack of opportunity for legal migration

Lack of opportunity or alternatives


9/21


Pull Factors:

Expectation of employment and financial reward

In the sex industry, expectation of rich financialrewards

Access to material benefits associated with theWest

Improved social position and treatment

Perceived glamour of Western European daily

life Demand of reproductive work of women

Demand of the exotic women as prostitute

Demand of cheap labour men and women


10/21


Home

(country of origin)

Abroad

(country of destination)

Exploited &

Trapped

Circumstances of

Trafficking

Circumstances of

Return

Causes of Trafficking

p Forced Migration?

Few jobopport nities forwomen

imited legal alternatives towork

abroad

Growt ofwomenassole

supportsof familiesGenderand out issues

Lack ofsocial safet nets

Domesticviolence

Prostitution

Substanceabuse

Unequal access toopportunities

due tocorruption

p Re-integration into

the same socio-economic

environment?

Areas covered by counter-trafficking activities


11/21


Legal Framework Optional Protocol to the Convention on the Rights of the Child on the sale of

children, child prostitution and child pornography (entered into force on 18 January2002)

Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, EspeciallyWomen and Children (2000)- supplementing the UN Convention Against Trans-nationalOrganised Crime 2000

The Council ofEurope Convention on Action against Trafficking in Human Beings

(entered into force in February 2008)

Convention on the Elimination on all Forms of Discrimination agstint Women(CEDAW) , 1979 Article 6

Convention on the Rights of the Child (CRC) , 1989 + Optional Protocol to theConvention on the Rights of the Child on the sale of children, child prostitution andchild pornography (entered into force on 18 January 2002)

National/Domestic Law plus EU directives


12/21


Palermo Protocol

Protocolto Prevent, Suppress andPunish

Trafficking in Persons, Especially Women and

Children

Article 2 - purpose of the protocol is: Prevent and combat trafficking in persons, particular

attention to women and children

Protect and assist the victims of such trafficking, with

full respect for their human rights Promote co-operation amongst States in order to meet

the two above-mentioned objectives.


13/21


Article 3 of the Protocol

A) Trafficking in persons shall mean the recruitment, transportation, transfer,harbouring or receipt of persons, by means of the threat or use of force orother forms of coercion, of abduction, of fraud, of deception, of the abuse ofpower or of a position of vulnerability or of the giving or receiving of paymentsor benefits to achieve the consent of a person having control over anotherperson, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution ofothers or other forms of sexual exploitation, forced labour or services, slaveryor practices similar to slavery, servitude or the removal of organs.

(B) The consent of a victim of trafficking in persons to the intended exploitationset forth in subparagraph 3A of this article shall be irrelevant whereanyofthemeans set forth in subparagraph 3Ahavebeenused.

(C) The recruitment, transportation, transfer, harbouring or receipt of a childforthe purpose of exploitation shall be considered trafficking inpersonsevenif thisdoesnot involveanyof themeans set forth in subparagraph (A) ofthis article. (Child Under 18 years)


14/21

The Crime Human Trafficking

Trafficking in Human Beings

ActionsRecruitment

Transportation

Transfer

Harboring/Receipt

Exploitation

MeansThreat/use of force

Forms of coercion

Abduction

Fraud

Deception

Abuse of powerSituation of

vulnerability

Receiving of

payments/benefits

PurposeSexual exploitation

Forced labor or services

Slavery/practices similar

to slavery

Servitude

Begging

Organ/tissue removal

Armed conflicts

Organized crime

Surrogate mother

Combined31/05/2010 14THB: Definition and Legal Framework


15/21


16/21


The added value of CoE Convention on

action against THB

Came into force in the beginning of 2008

THB - an affront to human dignity and a violationofhumanrights;

Definition of the term Victim any natural person who is

subject to THB; Proper balance between respect for human rights and

prosecution;

Comprehensive scope of application: national/ transnational;linked or not with organised crime;

Comprehensive legal framework for the protection of and

assistance to victims and witnesses GRETA - an efficient and independent monitoring

mechanism;

Mainstreaming gender equality in its provisions.


17/21

Schengen Agreement and

EU Acquis

Schengen Agreement: 25 countries - eliminated

border controls with other Schengen members while

simultaneously strengthening border controls with non-

member states EUAcquis and free movement of people, one of the

four basic freedoms

+ The Directive 2004/38/EC of the European Parliament and of theCouncil of 29 April 2004 on the right of citizens of the Union and

their family members to move and reside freely (Freedom of

movement for workers)



18/21

EU Action against THB

Council Framework Decision on Combating THB (July 2002) Newproposal under revision a more integrated and holistic approach in the fight

against THB;

Council Directive on the residence permit issued to third-country

nationals who are victims of THB or who have been the subject of an

action to facilitate illegal immigration, who cooperate with thecompetent authorities (April 2004) - define the conditions for grantingresidence permits of limited duration;

Council Directive relating to compensation to crime victims (April

2004 )

EUplan on best practices, standards and procedures for combatingand preventing trafficking in human beings ( Dec. 2005) - coordinationofEU action, scoping the problem, prevention, reducing the demand,

investigating and prosecuting, protecting and supporting victims of

trafficking, returns and reintegration, external relations.



19/21

31/05/2010 19THB: Definition and Legal Framework


20/21


S UGGLED IGRANTS:

Want to cross a border intoanother state withoutvisa/residence permit

Active participants in the process Dependent on the smuggler for

the duration of the journey,otherwise independent

Usually know about theconditions of travel

Take part voluntarily

Can become victims ofexploitation if can not pay for thejourney or thesmuggler/intermediary is also atrafficker

TRAFFICKEDPERSONS:

Often physical andpsychological abuse

Often denied freedom ofmovement and other basicrights

Often illegal / irregularmigrants

Always

coerced/subservient/dependent

May have consented to thejob/journey but not to theexploitation

Definitions of Trafficked and SmuggledDefinitions of Trafficked and SmuggledPersons: Differences/SimilaritiesPersons: Differences/Similarities


21/21


Thank you foryour kindattention!

Mission to The Republic of MoldovaCiuflea 36/1 str., Chisinau, MD 2001, Republic of Moldova

Tel. +373 22 23 29 40; 23 29 41; 23 47 01. Fax. +373 22 23 28 62.Web: www.iom.int; www.iom.md;

E-mail: [email protected]

[email protected]; [email protected]

IOM International Organization for Migration

Documents

Definition and Legal Framework Stockholm