Human Trafficking and Smuggling

OAS/IOM introductory course on the human rights of migrants, including migrant workers

and their familiesWashington DC - March 6, 2008

Anke Strauss - Liaison Officer Office of the IOM Permanent Observer to the United Nations

United Nations Convention Against Transnational Organized Crime

• Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children

• Protocol against the Smuggling of Migrants by Land, Sea and Air

• The number of countries which signed and ratified the instruments

• (3 March 2008):• The Convention: Signatories: 147, Parties 140• Trafficking Protocol: Signatories: 117, Parties 118• Smuggling Protocol: Signatories: 112, Parties 111

Nature of the Instruments

• Convention contains general measure against transnational organized crime

• Protocols deal with specific crime problems concerning trafficking and smuggling

• Protocols supplement the Convention

• A State must be a party to the Convention to become party to Protocols

Trafficking in persons vs. Smuggling of Migrants

Trafficking in Persons: The recruitment, transportation, transfer, harboring or receipt of persons, by means of threat, use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the receiving or giving of payment… to a person having control over another person, for the purpose of exploitation.

(UN Protocol to Prevent, Suppress and Punish Trafficking in persons, especially Women and Children)

Smuggling of Migrants: The procurement, in order to obtain directly or indirectly, a financial or other material benefit of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.

(UN Protocol against the Smuggling of Migrants by Land, Sea and Air)

PROTOCOL AGAINST SMUGGLINGPURPOSES

• To prevent and combat smuggling

• To promote cooperation amongst States

• Whilst protecting the rights of smuggled migrants

WHAT DOES THE SMUGGLING PROTOCOL SEEK TO ACHIEVE?

• Requires States to:• Criminalise smuggling • Co-operate to prevent smuggling• Strengthen border controls to detect

smuggling (Art. 11)• Address root causes• Appropriate measures to “preserve and

protect” rights • Cooperate in return

TRAFFICKING PROTOCOLPURPOSES:

• To prevent and combat trafficking paying particular attention to women and children

• To protect and assist victims

• To promote cooperation amongst States to meet these objectives

WHAT DOES THE TRAFFICKING PROTOCOL SEEK TO ACHIEVE?

• Defines and standardizes terminology• Requires States to criminalize trafficking (Art. 5)• Assistance and protection of victims (Art. 6) • Repatriation of victims (Art. 8)• Control measures: borders, travel documents etc.

(Art. 11)• Training for border guards, research, information

measures

Characteristics of Trafficking

1. Recruitment

2. Transport

3. Harbouring

4. Receipt

Abduction or abuse of

power

Deceit and/or fraud

Exploitation

Threat of Force or Use of Force

Means

Objectives

Process

ForcedLabour

SexualExploitation

Removalof Organs

Servitude

Consent

• The consent of a victim of trafficking in persons to the exploitation shall be irrelevant where any of the means of force, threat of, coercion, deception, have been used.

• The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ”trafficking in persons” even if this does not involve any of the means set forth in the definition of trafficking in persons.

Compare & Contrast:Compare & Contrast: Smuggling of Migrants (SoM) v. Trafficking in

Human Beings (THB)

Consent Exploitation Border Crossing

SoM Required Not required Required

THB Becomes irrelevant Required Not required

Misconceptions about Trafficking

1. All traffickers are men

2. Trafficking of human beings is only trafficking of women

3. Trafficking of human beings is only about

sexual exploitation

4. Trafficking is exclusively an international problem, not a national one

Types of Exploitation

Mimosa data base IOM 2007Mimosa data base IOM 2007

Other2%

Sexual 74%

Low level criminal

1%

Forced labour21%

Sexual & Forced Labour

2%

Supply and Demand

• While trade barriers fall to facilitate the freer movement of goods, services, and capital, migration policies have generally become more restrictive and rigid.

• The tension between the intense demand for cheap labour and services and few legal migration channels create opportunities for intermediaries.

In the countries of origin:• Poverty, unemployment and lack of opportunities• Political and humanitarian crises which displace

populations and expose the most vulnerable to the designs of traffickers (e.g. Tsunami, Pakistan Earthquake)

• In less developed countries, children are entrusted to more affluent family members, friends and acquaintances with the intention to improve their lives

Causes for Trafficking

Causes for Trafficking

In the countries of destination:• Organized crime/violence• Demand for cheap and low-skilled labour• Demand for sex services• Restrictive immigration policies and laws• Porous borders and/or limited border control• New technologies and networks such as internet

Incentives for Traffickers

• Few risks for traffickers - inadequate legislation- weak enforcement measures- corruption

• Huge financial profits compared with the low investment

- victims can be re-sold several times

• Some International Trafficking Routes in the Americas

Source: www.pbs.org

Shortcomings of the Protocol

• Some key terms are not defined (abuse of vulnerability, forced labour, etc.)

• Human rights protection for victims - only voluntary (no obligation)

• No reference or connection with immigration/labour laws

IOM’s Approach to Combating Trafficking

Victim-centred and Rights-based

Concern for the victim lies at the centre of all IOM’s activities.

The Three Ps

PREVENTION PROTECTION PROSECUTION

Root causes;

Awareness Raising;

Sound Migration Policies

Assistance;

Empowering Victims;

Human Rights Based

Criminalisation;

Investigation;

International Cooperation

Some good practices from the Americas

• Close coordination among national stakeholders (e.g. St. Maarten)

• Government by-in (at the decision-making / ministerial level) (e.g. Barbados)

• Improved inter-institutional Data collection (e.g. Colombia)

• Regional cooperation 

Recent developments – UN.Gift:

• Building Awareness

• Broadening the knowledge base of data, facts and statistics on global trafficking

• Stepping up technical assistance

Summary

SUMMARYSUMMARY