May 2019
Human Trafficking and Migrant Smuggling Section (HTMSS)
HTMSS’ normative, policy and technical cooperation work
UNODC assists States in their efforts to implement the Trafficking in Persons and the Smuggling of Migrants Protocols
Status of Ratification of the UNTOC Convention and itsTrafficking in Persons and Smuggling of Migrants Protocols
January 2019
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UNODC provides substantive inputs, including through participating in relevant meetings and consultations, to different initiatives working on all TIP and SOM-related SDGs.
SDG16+ : Peaceful, Just and Inclusive Societies: Towards a Roadmap for delivering the SDG16+ targets
Alliance 8.7
Implementation of the Protocols includes efforts concerning prevention, protection, prosecution and partnership to that end.
Coordination / Secretariat role within ICAT which also published an ICAT Issue Brief on Trafficking related SDGs in April 2018.
Contributing towards achieving the Sustainable Development Goals
Global Challenges
Poor international cooperation
Low criminalization in accordance with the SOM Protocol
Complex legal definition of TIP
Links with other crimes (i.e. corruption, terrorism, drug trafficking, forced criminality, money laundering, cyber-crime)
Inadequate data especially on SOM
Focus on irregular migration and migrants rather than criminal network, smugglers and traffickers
Lack of adequate protection and assistance to TiPvictims
Guiding Principles in the work of HTMSS
Human rights-based• The rights of victims of TIP and smuggled migrants are at the
centre of any response, development or publication inaccordance with the provisions under the SOM and TIP Protocols.
Victim-centred• The well-being of the victims of organized crime and their support
have to lead any decision. Importantly, their cooperation shouldnot become a requirement for support and assistance measures.
Gender- and age-responsive• HTMSS is committed to an age- and gender-responsive approach
considering the different needs and vulnerabilities of persons ofall ages and genders. This is in particular reflected in consideringchild victims of trafficking in persons and the protection measuresthey require.
Pillars of Work to address TIP and SOM
Implementation of the TIP and SOM Protocols
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Human rights-based approach
Gender- and age-sensitive
Focus on individual vulnerabilities and needs
Normative work - Recent Mandates and Resolutions
•A/RES/72/195 ‘Improving the coordination of efforts against trafficking in persons’ (19 Dec 2017)
•A/RES/72/1 ‘Political Declaration on the implementation of the United Nations Global Plan ofAction to Combat Trafficking in Persons’ (27 September 2017)
•A/RES/71/222 Strengthening and promoting effective measures and international cooperation onorgan donation and transplantation to prevent and combat trafficking in persons for the purposeof organ removal and trafficking in human organs (25 September 2017)
•A/RES/71/1 New York Declaration for Refugees and Migrants (19 September 2016)
General Assembly
•PRST2015/25 Maintenance of international peace and security (16 Dec 2015)
•Resolution 2331 on Trafficking in Persons in conflict situations (20 Dec 2016)
•UN Security Council Debate on TIP in conflict situations (March 2017)
•Resolution 2388 on Trafficking in Persons in conflict situations (21 November 2017)
Security Council
•E/RES/2017/18 “Implementation of the United Nations Global Plan of Action to CombatTrafficking in Persons” (adopted by ECOSOC 6 July 2017)
•E/CN.15/2018/L.2/Rev.1 “Preventing and combating trafficking in persons facilitated by thecriminal misuse of information and communications technologies”
•E/CN.15/2018/L.3/Rev.1 “Improving the protection of children against trafficking in persons,including by addressing the criminal misuse of information and communications technologies”
• E/CN.15/2018/L.8/Rev.1 “Strengthening measures against trafficking in persons”
Crime Prevention and Criminal Justice
Technical Cooperation – guiding principles
Implemented to contribute to the achievement of the Sustainable Development Goals.
Demand, needs and results- driven: gaps and needs assessment – including mapping of currentinterventions.
Targeted and adaptive: Implemented in close coordination with the beneficiary(ies) country(ies) toattain sustainability of interventions.
Linked to normative and policy work and feeding back to normative and policy developments.
Follows and promotes a Human Rights Based Approach – efforts on gender equality.
Includes a monitoring and evaluation component – including lessons learned.
Standard setting and systematic – using the UNODC tools facilitating the implementation of theProtocols and the UNODC pool of experts.
Collaborative: follows and promotes cooperation and partnerships.
Benefits from UNODC’s added value and expertise working with Governments and civil societytowards building. security and justice for all.
Applies adult learning strategies (e.g. mock investigations and mock trials, case studies, case digest– evidential issues in TIP cases).
Technical Cooperation – types
• Research, data collection and information sharing
• Case Law Databases
• Needs and gaps assessments – i.e. 13 GLO.ACT country assessments
KNOWLEDGE BASE EXPANSION
STRATEGY DEVELOPMENT AND POLICY
PREVENTION AND AWARENESS RAISING
• 1. Gap analysis; 2. Recommendations; 3. Drafting of legislation; 4. Awareness-raising among parliamentarians
RATIFICATION AND LEGISLATIVE ASSISTANCE
• Training
• Train the Trainers
• Specialized training on cross-cutting and highly topical issues
• Various tools and techniques
• E-learning modules
• Mentoring and establishment of specialized infrastructures
• Regional and trans-regional cooperation workshop
CAPACITY DEVELOPMENT
Tools facilitating the implementation of the Protocols
2 Model Laws (against TIP and SOM) – revised versions 2019
2 Assessment Guides - Criminal Justice Response
(TIP and SOM)
2 Frameworks for Action to
Implement the TIP and SOM Protocols
3 Training Manuals for
practitioners (TIP and SOM)
2 Training Films (TIP and SOM)
Issue papers on key concepts of the TIP Protocol: Exploitation, Consent; Abuse of a position of
vulnerability
Issue papers on SOM: financial or
material benefit; corruption and
SOM; SOM by sea; SOM by Air
Assessment toolkit on TIP for the purpose of organ removal
Role of recruitment fees
in TIP
UNODC Case Law Databases – TIP
and SOM
Digest of Human Trafficking Cases
(English & French)
Issue Paper on “International Legal
Definition of TIP’” and “Handbook on
International Legal Coop.“
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The SOM Case Law Database includes 795 cases from 43
jurisdictions
The TIP Case Law Database includes 1,518 cases from 106 jurisdictions
and 2 Supra National Courts
Technical Cooperation (2018) – TIP and SOM
261 Technical cooperation activities organized or contributed to at the national and regional level.
25 Countries provided with direct capacity building activities
Over 4,500 Practitioners, governmental officials and civil society representatives trained.
80 Countries represented in TA activities at the national and regional level.
5 standard setting, TA specialized tools/publications developed or contributed to.
Technical Cooperation results – recent examples
•Sudan ratified the SOM Protocol following UNODC support provided through a Regional Pre-ratification and Accession Workshop to the UNTOC and Protocols thereto
•New laws on combatting TIP and SOM in Pakistan.
•New draft law to prevent and combat TIP and SOM in Ethiopia (Proclamation 909).
Legislative assistance:
•24 people liberated from forced labour in Brazil as a result of police operations carried out aspart of a UNODC training with a special focus on TIP for forced labour.
•National curricula on SOM developed and piloted in North Macedonia and Serbia.
•A network of prosecutors from each court of appeal established in Morocco under GLO.ACT.
•The first conviction for TIP for domestic servitude was handed down in Colombia, led by aProsecutor who was part of UNODC’s community of practitioners.
•National Plan of Action adopted in Cabo Verde, Brazil, Mali and South Africa as result oftrainings and consultative meetings facilitated and supported by UNODC.
•Enhanced international cooperation in transnational organized crimes, including TIP and SOM,following the first Africa-Europe Conference on International Judicial Cooperation inInvestigation and Prosecution of Human Trafficking and Migrant supported by GLO.ACT.
Capacity development:
UNODC coordinates the work of the Inter-Agency Coordination Groupagainst Trafficking in Persons (ICAT) as mandated by GA Res. 61/180.ICAT improves coordination and cooperation among its 23 agencies (UNagencies and other international organizations) working on TIP.
Inter-agency Cooperation: Coordination of ICAT
• ICAT Issue Briefs on the role of the Sustainable Development Goals in combatingtrafficking in persons and trafficking in children (2018) and trafficking in children(2018)
• ICAT Joint statement on the Global Compact on Safe, Orderly and RegularMigration (2018)
• ICAT Issue Briefs on trafficking in persons in humanitarian crises, on trafficking inpersons and refugee status, and on gender dimensions of human trafficking (2017)
•Appraisal and the Political Declaration on the implementation of the Global Plan ofAction to Combat TIP (2017)
• ICAT policy paper “Evaluating anti-trafficking responses” (2016)
•A Toolkit for Guidance in Designing and Evaluating Counter-Trafficking Programmes(2016)
• ICAT Issue Brief on difference between trafficking in persons and the smuggling ofmigrants (2016)
• ICAT policy paper “Effective remedies for trafficked persons” (2016)
Recent work
UNODC actively supported the development of the Global Compact on Safe, Orderly andRegular Migration (GCM), which followed up on the New York Declaration, and was formallyadopted in December 2018. Specific objectives in the GCM on both TIP and SOM.
The Establishment of the UN Network on Migration endorsed on the occasion of the ExCoMon migration (May 2018). UNODC participated together with other UN agencies in thediscussions leading to its establishment.
UNODC is a member of the Executive Committee of the United Nations Network onMigration, along with IOM, DESA, OHCHR, UNHCR, ILO, OHCHR, UNICEF.
Inter-agency Cooperation: UN Network for Migration
Contributing to a global response against TIP and SOMCooperation with other international and regional organizations
International Organizations
• IFRC (2012)
• ILO (1998)
• IMO (2012)
• INTERPOL (2015)
• IOM (2012)
• OHCHR
• UNHCR
• UNWTO (2012)
Regional Organizations
• EU agencies:
• Eurojust (2010)
• Frontex (2012)
• Europol
• FRA
• EUNAVFOR MED operation SOPHIA (2016)
• CoE
• ICMPD
• OSCE (2013)
• AU (2007)
• ASEAN
• ECOWAS
• LAS
• OAS (2010)
• PIFS
• SADC (2011)
UNODC Network of Field Offices
UNODC operates in more than 150 countries around the world through its network of field offices.
Network of TIP and SOM focal points.
HTMSS – Global Programmes against TIP and SOM
GLOT59 (17 donors)
GLOZ67 (99% EU Funded)
GLOT92 (11 donors)
Global Programme against TIP
Global Programme against SOM
Global Action against TIP and SOM - GLO.ACT and GLO.ACT II (Asia and the
Middle East)
Working with FOs, other
Divisions and Sections to
benefit from in-house
expertise
HTMSS - Current Staffing
Regular Budget
• 1 Regular Budget Professional Staff.
• Appr 30,000 USD/pa from RB for both Protocols.
Extra-budgetary resources
• 18 International staff at HQ (including 2 Associate Experts)
• 6 Finance / Administrative Staff
• 11 National Project Officers and a number of co-funded positions in FOs
• More than USD 5 million raised in 2018
PSC/GP
• 1 GS from PSC
• USD 50,000/p.a from PSC
• No GP
Gender Balance within HTMSS
11 female 7 male
4 female 2 male
14 HTMSS International Staff:
P4 – P5 level Professional Staff:
Donors – Global Programmes against TIP and SOM
* Funding over 4 years (2015 – 2019) and (2018-2022)* * This table does not include the initial UAE funding and public donations to UN.GIFT (USD 14,030,395)
Donor 2000-2011 2012 2013 2014 2015 2016 2017 2018 2019 Grand Total
Azerbaijan 10,001 10,001
Australia 2,200 150,471 0 152,671
Austria 139,219 139,219
Canada 202,595 202,595
European Union 3,580,959 11,049,700* 14,000,035* 28,630,694
France 257,959 278,709 359,948 202,824 218,350 180,897 202,439 1,701,126
Germany 94,761 434,432 529,193
Israel 20,000 15,000 10,000 45,000
Italy 55,001 232,288 287,289
Netherlands 12,948 12,948
New Zealand 30,000 30,000
Norway 1,896,597 355,334 234,788 279,076 172,394 117,000 119,510 3,174,699
Sweden 639,651 67,782 934,040 217,734 382,260 398,678 562,252 697,925 3,900,322
Switzerland 129,385 250,060 237,418 384,466 100,098 1,101,427
Turkey 100,000 49,720 149,720
UK 2,955,822 39,174 2,994,996
United States of America
1,553,178 1,000,000 3,250,000 1,116,680 978,555 1,821,300 378,706 1,731,555 1,000,000 12,829,974
UNDA 500,000 500,000
ILO 55,000 55,000
TOTAL 8,534,690 2,321,545 5,038,837 2,053,732 13,022,376 2,723,560 1,905,575 19,807,384 1,039,174 56,446,873
Donor Thematic workAzerbaijan Capacity Building on Trafficking in Persons
AustraliaStrengthening investigations and prosecutions on TIP in South East Asia –Globalization of Australian experience in South East Asia
AustriaCooperation with civil society and victim supportInterest in capacity building on investigations and prosecutions on both TIP and SOM in Pakistan and Egypt
CanadaStrengthening capacities to prevent and combat SOM by sea in Mexico, TIP and indigenous communities in Mexico,Border security in Central America, Strengthening investigations and prosecutions of SOM in West Africa, and inSoutheast Asia -also SOM Data in Southeast Asia
European UnionGlobal Programmes on TIP and SOM mainly on policy development as well as capacity building (investigations,prosecutions) – GLO.ACT Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrantsand GLO.ACT 2
FranceCapacity building to investigate TIP in the Western Balkans, especially on child trafficking – international cooperationCapacity building on SOM in the Western Balkans – international cooperation
Germany Policy work: International cooperation in SOM and TIP and forced marriage
Israel Capacity building on TIP in Central AsiaItaly Capacity building on SOM by seaNetherlands Research on TIP in BrazilNew Zealand Capacity building on SOM by sea
Norway Policy work and technical assistance on TIP and SOM (non-earmarked funding)
SwedenPolicy work and Technical Assistance on TIP and SOM (non-earmarked funding)Inter-Agency Coordination on TIP
Switzerland Policy Work – Issue Papers on key concepts in the TIP and SOM Protocols
Turkey Technical Assistance on protection of human rights of migrantsUnited Kingdom Capacity building on TIP - different regions and support to ICAT
United States of America
Policy work on both TIP and SOM – Human Trafficking Case Law Database – Migrant Smuggling Case Law Database –Capacity building for investigations and prosecutions at global, regional and national level on TIP and SOM (includingSOM by air and SOM by sea)
UNDA National programme against TIP in Moldova
Donors’ current funding
Way Forward - Priorities
1. Continue to look into cross-cutting issues with TIP/SOM such as corruption,terrorism, money-laundering, cybercrime, etc.
2. Address the vulnerabilities of migrants and refugees to TIP and other formsof exploitation and abuse.
3. Further develop thematic work on specific TIP issues such as TIP in thefishing industry, removal of organs, TIP for marriage etc.
4. Reinforce capacity to follow the money and to address specific types of SOMsuch as SOM by sea, document fraud, etc.
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Updates on HTMSS Work