HUMAN TRAFFICKING “ THE JAMAICAN GOVERNMENT'S POSITION” 3/12/2015 1 Carol Palmer, Chairman, National Task Force Against Trafficking in Persons 1-888-PROTECT

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HUMAN TRAFFICKING

“THE JAMAICAN GOVERNMENT'S POSITION”

3/12/2015Carol Palmer, Chairman, National Task Force Against Trafficking in Persons

1-888-PROTECT

[email protected]

Carol Palmer, Chairman, National Task Force Against Trafficking in Persons

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CONTEXTUAL BACKGROUND

• Prior to doing an elaboration on the Government’s position on

human trafficking, an appropriate contextual background is being

provided

• to highlight the nature of this offence and its serious

implications, and outline

• the proactive and vigilant response of the Government of Jamaica

to this scourge3/12/2015


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WHAT IS HUMAN TRAFFICKING?

•Definition I• Criminal offence

committed when someone obtains or holds a person in compelled

service

It involves the exploitation of another for the purposes of

compelled labour or commercial sex act through the use of force,

fraud or coercion

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WHAT IS HUMAN TRAFFICKING ?

DEFINITION II According to the UN Palermo Protocol:, there are three main

ingredients:

• Activity – recruitment, transportation, transfer, harbouring or receipt of persons

• Means – Deception, threats, abuse of power, fraud and abduction

• Purpose – Exploitation of Persons - Prostitution, sexual exploitation, forced labour, slavery servitude and forced marriage

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MODUS OPERANDI OF TRAFFICKERS

• Promise of good job in another country

• Kidnapping potential victims

• Advertising “too good to be true” jobs in the

newspapers, on social media sites and the internet

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THE JAMAICAN SITUATION

• Jamaica is classified as a source, transit and destination country

• Risk factors include – unemployment, poor education

• Motivating factor – economic need

• 2007 Study - Dunn & Ricketts showed:Majority of victims are females

Children and women are most vulnerable groups

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GOVERNMENTAL RESPONSE/POSITION

•Government is committed to the cause of combating human trafficking employing a proactive, vigilant and remedial approach

•Position is strategically aligned to the UN Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, reflected in our domestic legislation

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GOVERNMENTAL RESPONSE/POSITION II

•Buttressed by the Minimum Standards for the elimination of Trafficking in Persons and heightened awareness of the social realities that persist in Jamaica

•Guided by the 3-P approach – Prevention, Protection and Punishment, executed by the National Taskforce Against Trafficking in Persons

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THE THREE P’S APPROACH

•Prevention

•Protection

•Prosecution3/12/2015


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PREVENTION• Research has shown that little or no education increases vulnerability and provides the basis and rationale for the Prevention Strategy

• Education allows all citizens, especially children, to guard against its negative impact

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PREVENTION• There is an extensive public education and outreach campaign

including:

• Engaging in Outreach Programmes for schools

• Developing Outreach Project for parents, teachers and guidance counselors

• Collaboration with various media entities to produce creative programmes to further highlight the dangers of human trafficking

• Using social media and other message applications3/12/2015


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PREVENTION

• Training of relevant State actors

• Sensitizing young women at nightclubs and massage

parlours on the dangers of trafficking

• Incorporation of TIP in the JCDC Competitions for

20153/12/2015


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TIP CURRICULUM!!• Introduction of Trafficking in Persons at the secondary level

• To be commenced by September 2015 will seek to educate students about the dangers of Trafficking in Persons, a violation of human rights and the consequences associated with this offence

• Curriculum will inevitably cause children to become vigilant and proactive, capable of making informed decisions about their future

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HEALTH SENSITISATION SESSIONS

•Sessions were conducted in the Ministry of

Health, where medical professionals were

sensitised on Mental Health in children and

the issue of human trafficking3/12/2015


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PROTECTION• Guidance is also provided by The Minimum Standards for the elimination

of Trafficking in Persons, which stipulates that Governments should

protect victims of severe forms of trafficking and encourage their

assistance in the investigation and prosecution of such trafficking

• Given the serious issues relating to victim protection, including fear of

reprisals and death threats, the Government is vigilant in its stance to

safeguard against these effects, by employing various measures

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PROTECTION•Operation of TIP Shelter to house victims

• There is ongoing collaboration with Non-Governmental Organizations in identifying additional shelter

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PROTECTION• Legislative provisions – The Trafficking in Persons (Prevention,

Suppression and Punishment) Act 2007 and its 2013 Amendments

contain detailed provisions

• Assistance in understanding the laws of Jamaica and their rights as

victims

• Assistance in obtaining the relevant documents and information to

assist with legal proceedings

• Assistance in meeting expenses related to criminal proceedings

against the traffickers3/12/2015


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PROTECTION•Witness Protection Programme

• Placement of high-risk victims in the care of the Witness

Protection Programme, where they are needed for trials

•Memorandum of Understanding• Development of a Memorandum of Understanding with the

aim of establishing a standard protocol to govern TIP data

collection and information sharing among key stakeholder3/12/2015


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PROSECUTION/PUNISHMENT

• Vigilance in tracking, investigation and prosecution to ensure

that the perpetrators of this horrific crime are punished

• Guidance is also reflected in The Minimum Standards for the

elimination of Trafficking in Persons, which prescribes that

Governments should vigorously investigate and prosecute severe

forms of Trafficking in Persons 3/12/2015


20PROSECUTION/PUNISHMENT

•The legislation prescribes the measures to

be taken in securing a prosecution, including

procedures relating to entry on premises,

search, and seizure of potential evidence3/12/2015


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JCF Trafficking in Persons Unit• Establishment of a Trafficking in Persons Unit at the Jamaica Constabulary

• During 2014/15, thirty-one raids were conducted ; twelve victims were

identified and rescued

• Thirty-five new trafficking in persons investigations launched

• Five persons were arrested and charged

• Eighteen others were arrested and charged for offences akin to human

trafficking

• Displacement of two of the major prostitution rings in Kingston and St.

James

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Training of Police, Prosecutors and Judges

• The Police, Prosecutors and Judges have been sensitised to the nuances which may exist in prosecution of trafficking cases and in general handling of TIP matters

• The intention is to ensure that trafficking cases are effectively and expeditiously handled

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Appointment of a National Rapporteur

Most recently, a Rapporteur for trafficking in persons was appointed to

among other things

• Conduct independent examinations and investigations of reports of alleged human trafficking

• Report on violations, and

• Provide an analytical overview of the situation in trafficking in an annual report to the Government

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CONCLUSION• The Government continues on its proactive and vigilant stance in ensuring that the citizens of Jamaica and other persons resident in our island are made aware of human trafficking• Victims are afforded adequate protection and the offenders of this crime are punished

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CONCLUSION

• The Government’s position ON Human Trafficking

is PROACTIVE, VIGILANT, RESTORATIVE and

REMEDIAL

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3/12/2015

•Be wise, open your eyes, spot them, stop them!

Documents

HUMAN TRAFFICKING “ THE JAMAICAN GOVERNMENT'S POSITION” 3/12/2015 1 Carol Palmer, Chairman, National Task Force Against Trafficking in Persons 1-888-PROTECT