oas – preventing and combating trafficking in persons: trafficking and smuggling department of...
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OAS – Preventing and Combating Trafficking OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smugglingin Persons: Trafficking and Smuggling
Department of Public Security - SMS Department of Public Security - SMS
Committee on Migration / Washington, DC, January 28, 2013Committee on Migration / Washington, DC, January 28, 2013
What’s trafficking in persons?
• "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation
When it is considered trafficking in persons?
Elements of the Process• ACTIONS: recruitment, transportation, transfer,
harboring/receipt, exploitation
• MEANS: threat/use of force, forms of coercion, abduction, fraud, deception, abuse of power, situation of vulnerability, receiving payment.
• PURPOSE: sexual exploitation, forced labor or services, practices similar to slavery, servitude, begging, organ/tissue removal, armed conflicts, combined forms of exploitation.
Types of Exploitation
• Commercial Sexual Exploitation: prostitution in massage parlors, night clubs, bars, karaoke establishments, streets, escorts, etc.• Forced Labor: (labor exploitation) farming, fishing industry, construction, mining, “sweat-shops”, entertainment,.• Domestic Servitude• Exploitation by Beggin• Illicit Trafficking of Organs• Sex Tourism• Minors in Armed Conflicts• Forced Marriages
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Trafficking in Persons
TravelDomestic or throug a transit
country
“Recruiter” Transporter “Host “PropertyOwner
Organize Crime
“Intermediary”Coercion
EXPLOTATION
Trafficking in Persons
Recruitment City or country ofDestination
“Dealer”
Trafficking from and to the AmericasT
Europe
Asia
Japan
Countries of Origin, Transit, and Destination West Europe
Asia
North America East Europe
Caribbean Routes
China, India, Philippines
Europe
Consent of the Victim
• The victim’s consent is irrelevant when is evidenced that the trafficker has obtained that consent through illicit means.
• The victim’s consent in one stage of the process cannot be considered consent in all stages of the process
• Minors under 18 years of age are victims even when the “means” are not used. Minors are excluded from any possibility of consent
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”
• Implies: illegal entry, fraudulent travel or identity document (falsely made, improperly issued or obtained, used by other than the rightful holder), means of transportation (vessel)
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Illicit Smuggling of Migrants
Contract with the Inner
Trafficker Movement
Illicit Illicit SmugglingSmuggling
Travel
Border
Country of OriginCountry of Origin Country of DestinationCountry of Destination
Transit CountryTransit Country
Travel Contract
Trafficking and Smuggling
.Trafficking
• Not always border crossinglegitimate or ilgmt documents
• Documents withheld• Coercion
• Restrictive movement• Exploitation
• Crime against the Person
Smuggling
• Illegal border crossing•Illegal possession of
documents• Voluntary
• Business transaction• Crime against the
State
OAS - Member States Commitment
• Public policies and strategies to combat TIP•Anti TIP comprehesive law strengthening• Identification of Identification of victimsvictims• Data collectionData collection• Prevention-Prevention-ProtectionProtection
Member States Mandates / Documents
• Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children
• Conclusions and Recommendations of the 1st and 2nd Meetings of National Authorities on Trafficking in Persons (Venezuela 2006, Argentina 2009)
• Work Plan against Trafficking in Persons in the Western Hemisphere AG/RES.2551 (XL-O/10)
• Conclusions of the 3rd. Meeting of National Authorities on Trafficking in Persons (Guatemala 2012, RTP-III/doc.7/12)
Peacekeeping Train-the Trainers
Consular Training
Caribbean Law Enforcement Training
Current and Future Programms
• Training Program for the Security and Judicial Systems – Southern Cone
• Especialized Program for Border Control • Sensitization in the Exploitation of Domestic
Service• Labor Exploitation / Forced Labor• Virtual Training Program
Contact Information
Fernando Garcia-Robles
Coordinator, Anti-Trafficking in Persons Department of Public SecurityOrganization of American States1889 F. St. N.W. 872 DWashington , D.C. 20006
Email: [email protected]: 202.458.3202Fax: 202.458.3882