human trafficking and migrant smuggling section ... may 2019 human trafficking and migrant smuggling
Post on 02-Feb-2020
Embed Size (px)
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 its Trafficking in Persons and Smuggling of Migrants Protocols
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
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
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 TiP victims
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 in accordance 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 should not 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 of all ages and genders. This is in particular reflected in considering child victims of trafficking in persons and the protection measures they require.
Pillars of Work to address TIP and SOM
Implementation of the TIP and SOM Protocols
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 of Action to Combat Trafficking in Persons’ (27 September 2017)
•A/RES/71/222 Strengthening and promoting effective measures and international cooperation on organ donation and transplantation to prevent and combat trafficking in persons for the purpose of organ removal and trafficking in human organs (25 September 2017)
•A/RES/71/1 New York Declaration for Refugees and Migrants (19 September 2016)
•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)
•E/RES/2017/18 “Implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons” (adopted by ECOSOC 6 July 2017)
•E/CN.15/2018/L.2/Rev.1 “Preventing and combating trafficking in persons facilitated by the criminal 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 current interventions.
Targeted and adaptive: Implemented in close coordination with the beneficiary(ies) country(ies) to attain 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 the Protocols 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 society towards 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
• 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
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
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
UNODC Case Law Databases – TIP
Digest of Human Trafficking Cases
(English & French)
Issue Paper on “International Legal
Definition of TIP’” and “Handbook on
International Legal Coop.“
The SOM Case Law Database includes 795 cases from 43
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).
•24 people liberated from forced labour in Brazil as a result of police operations carried out as part 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 a Prosecutor who was part of UNODC’s community of practitioners.
•National Plan of Action adopted in Cabo Verde, Brazil, Mali and South Africa as result of trainings and consultative meeti