oas – preventing and combating trafficking in persons: trafficking and smuggling department of...

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OAS – Preventing and Combating OAS – Preventing and Combating Trafficking in Persons: Trafficking in Persons: Trafficking and Smuggling Trafficking and Smuggling Department of Public Security - SMS Department of Public Security - SMS Committee on Migration / Washington, DC, January 28, Committee on Migration / Washington, DC, January 28, 2013 2013

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Page 1: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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

Page 2: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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

Page 3: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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.

Page 4: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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

Page 5: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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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”

Page 6: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

Trafficking from and to the AmericasT

Europe

Asia

Japan

Page 7: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

Countries of Origin, Transit, and Destination West Europe

Asia

North America East Europe

Page 8: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

Caribbean Routes

China, India, Philippines

Europe

Page 9: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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

Page 10: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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)

Page 11: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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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

Page 12: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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

Page 13: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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

Page 14: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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)

Page 15: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

Peacekeeping Train-the Trainers

Page 16: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

Consular Training

Page 17: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

Caribbean Law Enforcement Training

Page 18: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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

Page 19: OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington,

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