Trafficking in Human Beings Trafficking in Human Beings

–– the international legal the international legal

frameworkframework

IML Training IML Training

IOMIOM--UNITARUNITAR

New York 19New York 19--20 June 200720 June 2007

Kristina Touzenis. IOMKristina Touzenis. IOM

Slavery and TraffickingSlavery and Trafficking

�� Slavery Convention 1926Slavery Convention 1926

�� Convention Concerning Forced or Compulsory Convention Concerning Forced or Compulsory Labour 1930Labour 1930

�� Convention for the Supression of Trafficking Convention for the Supression of Trafficking in Persons and the exploitation of the in Persons and the exploitation of the Prostitution of Others 1949Prostitution of Others 1949

�� UN Convention Against Transnational UN Convention Against Transnational Organized Crime + Protocols (entered into Organized Crime + Protocols (entered into force in 2003)force in 2003)

Trafficking Trafficking –– UN ProtocolUN Protocol

Trafficking in Persons: Trafficking in Persons:

•• TheThe recruitmentrecruitment,, transportation, transfer, harboring or receipt transportation, transfer, harboring or receipt

of persons, of persons, by means ofby means of threat, use of force or other means of threat, use of force or other means of

coercion, of abduction, of fraud, of deception, of the abuse of coercion, of abduction, of fraud, of deception, of the abuse of

power or of a position of vulnerability or of the receiving or power or of a position of vulnerability or of the receiving or

giving of paymentgiving of payment…… to a person having control over another to a person having control over another

person, person, for the purpose of exploitation.for the purpose of exploitation.

•• ExploitationExploitation shall include, at a minimum, the exploitation of shall include, at a minimum, the exploitation of

the prostitution of others or other forms of sexual exploitationthe prostitution of others or other forms of sexual exploitation, ,

forced labour or services, slavery or practices similar to forced labour or services, slavery or practices similar to

slavery, servitude or the removal of organs.slavery, servitude or the removal of organs.

((UN Protocol to Prevent, Suppress and Punish Trafficking in persoUN Protocol to Prevent, Suppress and Punish Trafficking in persons, especially ns, especially

Women and ChildrenWomen and Children))

The Trafficking processThe Trafficking process

Recruitment Recruitment Transfer

EXPLOITATION EXPLOITATION

COERCION

DECEPTION

ABUSE OF POWER

Place of OriginPlace of Origin Place of DestinationPlace of Destination

organised

by a trafficker

exploitationexploitationmovementmovement

traffickingtrafficking

Concept of traffickingConcept of traffickingConcept of trafficking:

- movement of a person

- for the purpose of

exploitation

- organised by a trafficker

ConsentConsent

•• TheThe consent ofconsent of a victim of trafficking in persons to a victim of trafficking in persons to

the exploitation shall be irrelevant where any of the the exploitation shall be irrelevant where any of the

means of force, threat of, coercion, deception, have means of force, threat of, coercion, deception, have

been used.been used.

•• The recruitment, transportation, transfer, harbouring The recruitment, transportation, transfer, harbouring

or receipt of a or receipt of a childchild for the purpose of exploitation for the purpose of exploitation

shall be considered shall be considered ””trafficking in personstrafficking in persons”” even if even if

this does not involve any of the means set forth in the this does not involve any of the means set forth in the

definition of trafficking in persons.definition of trafficking in persons.

Palermo Protocol Palermo Protocol ContinuedContinued

�� The Protocol gives, for the first time, a detailed and The Protocol gives, for the first time, a detailed and comprehensive definition of trafficking. comprehensive definition of trafficking.

�� The Protocol applies to all people, but particularly women and The Protocol applies to all people, but particularly women and children, since Member States have recognized their specific children, since Member States have recognized their specific vulnerability. vulnerability.

�� It offers tools in order to empower law enforcement and It offers tools in order to empower law enforcement and strengthen border control,strengthen border control,

�� The Protocol integrates this by also strengthening the response The Protocol integrates this by also strengthening the response of the judiciary of the judiciary

�� The main goal is to catch and prosecute the trafficker, yet at The main goal is to catch and prosecute the trafficker, yet at the same time protect the victim. Assistance to victims is the same time protect the victim. Assistance to victims is crucial to law enforcement, since he/she can provide for the crucial to law enforcement, since he/she can provide for the evidence necessary to successfully prosecute the trafficker. evidence necessary to successfully prosecute the trafficker.

Scope of the ProtocolScope of the Protocol

�� To prevent and combat trafficking in personsTo prevent and combat trafficking in persons

�� To protect and assist victimsTo protect and assist victims

�� To respect the Human Rights of VictimsTo respect the Human Rights of Victims

�� To prevent, investigate and prosecuteTo prevent, investigate and prosecute

�� To promote cooperationTo promote cooperation

�� art. 6.3 requires that states consider implementing art. 6.3 requires that states consider implementing

measures to provide for the measures to provide for the ““physical, psychological physical, psychological

and social recovery of victims of trafficking in and social recovery of victims of trafficking in

persons (persons (……) in particular the provision of: ) in particular the provision of:

�� (a) Appropriate housing, (b) (a) Appropriate housing, (b) Counselling and Counselling and

information, in particular as regards their legal information, in particular as regards their legal

rights (rights (……)) (c) medical, psychological and material (c) medical, psychological and material

assistance; and (d) employment, education and assistance; and (d) employment, education and

training opportunities.training opportunities.

�� The Protocol's comprehensive prevention The Protocol's comprehensive prevention

policy also includes activities to prevent repolicy also includes activities to prevent re--

victimization, research, information victimization, research, information

campaigns, social and economic initiatives, campaigns, social and economic initiatives,

and cooperation with civil societyand cooperation with civil society

Types of ExploitationTypes of Exploitation

Mimosa data base IOM 2007Mimosa data base IOM 2007

Other

2%

Sexual

74%

Low level

criminal

1%

Forced labour

21%

Sexual &

Forced Labour

2%

Rome Statute of the ICCRome Statute of the ICC

•• Rome Statute art. 7: slavery is a crime against Rome Statute art. 7: slavery is a crime against humanity and punishable in accordance with humanity and punishable in accordance with international law. international law.

•• Art. 7.2(c) of the Rome Statute defines trafficking as Art. 7.2(c) of the Rome Statute defines trafficking as a component of slavery and thus a crime against a component of slavery and thus a crime against humanity, in accordance with article 7.1(c). humanity, in accordance with article 7.1(c).

•• The ICC statute defines The ICC statute defines ““enslavementenslavement””

•• Such crimes can only be prosecuted by the ICC when Such crimes can only be prosecuted by the ICC when ““committed as part of a widespread or systematic committed as part of a widespread or systematic attack directed against any civilian population, with attack directed against any civilian population, with knowledge of that actknowledge of that act””

Other Relevant InstrumentsOther Relevant Instruments

•• International Convention on the Elimination of all forms of International Convention on the Elimination of all forms of Racist Discrimination (1966)Racist Discrimination (1966)

•• International Convention on the Elimination of All form of International Convention on the Elimination of All form of Discrimination Against Women (1979)Discrimination Against Women (1979)

•• The Convention on the Rights of the Child (1989)The Convention on the Rights of the Child (1989)

•• Convention on the Rights of All Migrant Workers and Their Convention on the Rights of All Migrant Workers and Their Families (1990)Families (1990)

•• In some cases The UN Refugee Convention In some cases The UN Refugee Convention -- 1951 1951

CEDAWCEDAW

•• Article. 6: States Parties shall take all Article. 6: States Parties shall take all

appropriate measures, including legislation, to appropriate measures, including legislation, to

suppress all forms of traffic in women and suppress all forms of traffic in women and

exploitation of prostitution of women. exploitation of prostitution of women.

•• But also other articles not specifically on But also other articles not specifically on

trafficking are relevant;trafficking are relevant;

CEDAWCEDAW

•• Article 5: States Parties shall take all appropriate Article 5: States Parties shall take all appropriate measures: (a) To modify the social and cultural measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view patterns of conduct of men and women, with a view to achieving the elimination of prejudices and to achieving the elimination of prejudices and customary and all other practices which are based on customary and all other practices which are based on the idea of the inferiority or the superiority of either the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and of the sexes or on stereotyped roles for men and women; women;

•• Equality in Education Equality in Education –– article 10article 10

•• Participation (art. 7) and nonParticipation (art. 7) and non--discrimination in discrimination in general (also article 14 on rural women)general (also article 14 on rural women)

CRCCRC

•• Art 35 : Art 35 : ““States Parties shall take all appropriate, States Parties shall take all appropriate, national, bilateral and multilateral measures to national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in prevent the abduction of, the sale of or traffic in children for any purpose or in any formchildren for any purpose or in any form””. .

•• The article does not elaborate the terms but the words The article does not elaborate the terms but the words ““for any purpose or in any formfor any purpose or in any form”” suggest that it is to suggest that it is to be interpreted broadly. be interpreted broadly.

•• The responsibility for taking measures to avoid The responsibility for taking measures to avoid trafficking is placed clearly on the State, which trafficking is placed clearly on the State, which implies a State responsibility if it does not succeed in implies a State responsibility if it does not succeed in prosecuting offenders, thus making the international prosecuting offenders, thus making the international obligation applicable at the obligation applicable at the ““traffickertrafficker--levellevel””

CRC OPIICRC OPII

•• OP II Article 3, which provides that States Parties OP II Article 3, which provides that States Parties

shall ensure the definition of the following acts as a shall ensure the definition of the following acts as a

crime, irrespective of whether they are committed crime, irrespective of whether they are committed

domestically or transdomestically or trans--nationally, on an individual or nationally, on an individual or

organised basis: organised basis: Offering, delivering or accepting, by Offering, delivering or accepting, by

whatever means, a child for the purpose of Sexual whatever means, a child for the purpose of Sexual

exploitation of the child; Transfer of organs of the exploitation of the child; Transfer of organs of the

child for profit; Engagement of the child in forced child for profit; Engagement of the child in forced

labour.labour.

UN Migrant Worker ConventionUN Migrant Worker Convention

•• Art. 68 obliges States Parties to collaborate for Art. 68 obliges States Parties to collaborate for

the purpose of preventing and eliminating the purpose of preventing and eliminating

illegal or clandestine movements as well as the illegal or clandestine movements as well as the

employment of migrants who are in an employment of migrants who are in an

irregular situationirregular situation

•• The Convention protects migrants in the entire The Convention protects migrants in the entire

migration processmigration process

ICCPR and ICESCRICCPR and ICESCR

�� The two major general Human Rights The two major general Human Rights

Instrument are also valid for victims of Instrument are also valid for victims of

traffickingtrafficking

�� Trafficking is also about protecting from Trafficking is also about protecting from

victimisation in the county of originvictimisation in the county of origin

�� Respect for human rights is needed both in Respect for human rights is needed both in

countries of origin and in countries of countries of origin and in countries of

destination and transitdestination and transit

THANK THANK

YOUYOU!!