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Page 1: Human Trafficking and Migrant Smuggling Section …...May 2019 Human Trafficking and Migrant Smuggling Section (HTMSS) HTMSS’ normative, policy and technical cooperation work UNODC

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

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Status of Ratification of the UNTOC Convention and itsTrafficking in Persons and Smuggling of Migrants Protocols

January 2019

189173

147

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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

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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

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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.

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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

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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

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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).

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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

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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

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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.

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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:

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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

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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

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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)

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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.

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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

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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

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Gender Balance within HTMSS

11 female 7 male

4 female 2 male

14 HTMSS International Staff:

P4 – P5 level Professional Staff:

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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

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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

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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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Follow us on Twitter: @UNODC_HTMSS

Visit HTMSS, UNODC Website:http://www.unodc.org/unodc/en/human-trafficking

Updates on HTMSS Work


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