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HT – THE ISSUE

INTRODUCTION

Human trafficking will grow in the twenty-first century as a result of economic and demographic inequalities in the world, the rise of conflicts, and possibly global climate change. 

 

Coordinated efforts of Governments, civil society, the business community, multilateral organizations, and the media are needed to stem its growth.

Modern slavery is all around us, but most people don't even realize it.

 

  • There are more people in slavery today than at any other time in history: There are over 40 million children (estimations up to 100 million), women and men living in modern slavery, three out of every 1,000 people worldwide. If they all lived together in a single city, it would be one of the biggest cities in the world.

  • Human trafficking is the second-largest organized crime in the world. — U.S. State Department

  • 2 – 4 million young women and children will be sold into prostitution within the next 12 months. — Somaly Mam Foundation

  • Many of these children are sold into sexual slavery for as little as $10 and some are as young as 5 years old. — Anderson Cooper 360o

  • Total slaves estimation from 40 Million
  • To 100 Million worldwide
  • 1.3 over 100

%

of the total world population

 

  • Modern slavery happens everywhere: There are over 1.5 million people working in slavery-like conditions in Europe, North America, Japan and Australia.

  • Labour / Sex slavery: Most of the people in slavery work in industries such as agriculture, fishing construction, manufacturing, mining, utilities and domestic work. Around one in five are victims of sexual exploitation

  • Modern Slavery is huge business: A recent ILO study estimated that modern slavery generates annual profits of over US$ 150 billion, which is as much as the combined profits of the four most profitable companies in the world.

Yearly profit in US$ billion

MOST OF THE MONEY FROM MODERN SLAVERY IS MADE IN THE DEVELOPING WORLD.

Slides below are an example of "Best Practices" produced by the "Protection Project" - Mohamed Mattar - "Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective"

This chart summarizes the different profiles of traffickers included in the 2014 TIP Report. Each category in this chart was counted individually, so the multiple listing of countries is possible.

According to the TIP Report 2014:

  • 77 countries have a comprehensive anti-trafficking statute prohibiting all forms of trafficking
  • 11 countries have an anti-trafficking statute(s) prohibiting some forms of trafficking
  • 19 countries have anti-trafficking statute(s) and penal code prohibiting some forms of trafficking
  • 56 countries have provisions in their penal code criminalizing all forms of trafficking
  • 19 countries have provisions in their penal code criminalizing some forms of trafficking
  • 3 countries have insufficient provisions in their statute(s) or their penal code, but have a draft law or are in the process of drafting new legislation
  • 3 countries have some anti-trafficking provisions in their laws, which are primarily child-related

TIER PLACEMENTS (US GOV) : DEFINITION

 

TIER 1

Countries whose governments fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards.

TIER 2

Countries whose governments do not fully meet the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards.

TIER 2 WATCH LIST

Countries whose governments do not fully meet the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards AND:

  1. a) The absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;

  2. b) There is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year; or

  3. c) The determination that a country is making significant efforts to bring itself into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year.

TIER 3

Countries whose governments do not fully meet the minimum standards and are not making significant efforts to do so.

TIER PLACEMENTS 2017 (US GOV)

 

TIER 1

Armenia Australia Austria The Bahamas Belgium Canada Chile Colombia Czechia Denmark Finland France Georgia Germany Guyana Ireland Israel Italy Korea, South Lithuania Luxembourg Netherlands New Zealand Norway Philippines Poland Portugal St. Maarten Slovakia Slovenia Spain Sweden Switzerland Taiwan United Kingdom United States of America

TIER 2

Afghanistan Albania Angola Argentina Aruba Azerbaijan Bahrain Barbados Bhutan Bosnia & Herzegovina Botswana Brazil Brunei Cambodia Costa Rica Coted’Ivoire Croatia Curacao Cyprus Dominican Republic Ecuador Egypt El Salvador Estonia Ethiopia Fiji Greece Honduras Iceland India Indonesia Jamaica Japan Jordan Kazakhstan Kenya Kosovo Kyrgyz Republic Latvia Lebanon Lesotho Macedonia Malawi Malaysia Maldives Malta Mauritius Mexico Micronesia Mongolia Morocco Namibia Nepal Palau Panama Paraguay Peru Qatar Romania St. LuciaSt. Vincent & The GrenadinesSeychellesSierra LeoneSingapore
Solomon Islands South Africa Sri Lanka Tajikistan Tanzania Timor-Leste Togo Tonga Trinidad & Tobago Tunisia Turkey Uganda Ukraine United  Arab Emirates Uruguay Vietnam

TIER 2 WATCH LIST

Algeria Antigua & Barbuda Bangladesh Benin Bolivia Bulgaria Burkina Faso Burma Cabo Verde Cameroon Chad Cuba Djibouti Gabon The Gambia Ghana Guatemala Haiti Hong Kong Hungary Iraq Kuwait Laos Liberia Macau Madagascar Marshall Islands Moldova Montenegro Mozambique Nicaragua Niger Nigeria Oman Pakistan Papua New Guinea Rwanda Saudi Arabia Senegal Serbia Suriname Swaziland Thailand Zambia Zimbabwe

TIER 3

Belarus Belize Burundi Central African Republic China (PRC) Comoros Congo, Democratic Republic of Congo, Republic of Equatorial Guinea Eritrea Guinea Guinea-Bissau Iran Korea, North Mali Mauritania Russia South Sudan Sudan Syria Turkmenistan Uzbekistan Venezuela

Special Case

Libya Somalia Yemen

Slides below are from the "Protection Project" - Mohamed Mattar - Comprehensive Legal Approaches to Combating Trafficking in Persons: an International and Comparative Perspective

DEFINITIONS - Forms of Trafficking under International Law

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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. (United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime—2000)

Slavery

The status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. (Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention —1926)

Enslavement

The exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children. (Rome Statute of the International Criminal Court—2002)

Practices Similar to Slavery

The act of conveying or attempting to convey slaves from one country to another by whatever means of transport, or of being accessory thereto; the act of mutilating, branding or otherwise marking a slave or a person of servile status in order to indicate his status, or as a punishment, or for any other reason, or of being accessory thereto. (Supplementary

Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery—1956)

Servitude

The status or condition of dependency of a person who is unlawfully compelled or coerced by another to render any service to the same person or to others and who has no reasonable alternative but to perform the service. Servitude shall include domestic service and debt bondage. (Early draft of the United Nations Protocol to Prevent, Suppress and Punish

Trafficking in Persons, Especially Women and Children—2000)

Slave Trade

All acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves.

(Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention—1926)

Debt Bondage

The status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

(Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery—1956)

Forced Labor

All work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. (International Labour Organisation Convention concerning Forced or Compulsory Labour—1932)

Severe Forms of Trafficking in Persons

  1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
  2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. [Sec. 103(8)]

Sex Trafficking

The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act [Sec. 103(9)]

Commercial Sex Act

Any sex act on account of which anything of value is given to or received by any person [Sec. 103(3)]

Involuntary Servitude

A condition of servitude induced by means of:

  1. Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or
  2. The abuse or threatened abuse of the legal process [Sec. 103(5)]

Debt Bondage

The status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. [Sec. 103(4)]

Coercion

  1. Threats of serious harm to or physical restraint against any person;
  2. Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
  3. The abuse or threatened abuse of the legal process. [Sec. 103(2)]

FORMS OF TRAFFICKING IN PERSONS

VICTIMS OF TRAFFICKING BILL OF RIGHTS

Victims of Trafficking in Persons Are to Be Treated with Dignity, Fairness, Compassion and Respect for Human Rights

BENEFITS WHICH SHOULD BE GRANTED TO VICTIMS OF TRAFFICKING

Victims of Trafficking in Persons Are to Be Treated with Dignity, Fairness, Compassion and Respect for Human Rights

FORMS OF SEX TRAFFICKING

FORMS OF LABOR TRAFFICKING

FORMS OF TRAFFICKING IN CHILDREN

THE FIVE Ps

The outlined measures are not exhaustive, but rather illustrative of the most important measures that must be taken to combat trafficking in persons

THE FIVE Vs

THE THREE Rs

The outlined measures are not exhaustive, but rather illustrative of the most important measures that must be taken to combat trafficking in persons

PREVENTION

ASSISTANCE AND PROTECTION

The outlined measures are not exhaustive, but rather illustrative of the most important measures that must be taken to combat trafficking in persons

PROTECTION OF VICTIMS

The outlined measures are not exhaustive, but rather illustrative of the most important measures that must be taken to combat trafficking in persons

THE INTERNET AND MODERN TECHNOLOGY 

  • How Technology Contributes to the Trafficking Infrastructure. Rapid communication through the Internet and through international telephone networks facilitates trafficking in persons by increasing the ability to meet the demand for sexual services. The Internet is used to promote sex tourism, view and purchase child pornography, and assist in promoting the mail order bride industry. The Internet also assists in meeting the demand for labor by advertising opportunities abroad. The Internet assists organized criminal groups involved in trafficking by the illegal laundering of money through electronic commerce and the ability to move large sums of money quickly around the world. The Internet has also removed the purchaser from the process, lessening the buyer’s chances of being caught and removing the stigmatization that could come from knowingly pur- chasing sex.

 

  •  How Information Technology can be used to Combat Trafficking in Persons. Although the Internet contributes to the trafficking infrastructure, its effective use, along with other forms of Information Technology, can also assist in combating trafficking in persons.

    A key element for effectively combating trafficking is successful sharing of information. Utilizing Information Technology related initiatives, including the Internet, websites, and computer databases, will enhance co- ordination and information sharing among NGOs, civil society organizations, and government and law enforce- ment officials across regions.

    The Internet can be used as a means of disseminating information about anti-trafficking initiatives and to educate the public about the dangers and issues surrounding trafficking in persons, as well as promoting bilateral and multilateral networking to increase pressure and address the problem of trafficking in persons.

    Comprehensive anti-trafficking databases could connect isolated anti-trafficking groups across regions, provide information to law enforcement and border control officials on missing persons suspected to be trafficked and assist victims and provide accurate trafficking statistics.

    Internet laws must be adapted to establish liability of the Internet service providers for exploitation.

LACK OF STATISTICS AND DIFFICULTIES WITH DATA COLLECTION

Information on trafficking in persons is not always easy to obtain. Since the problem is global in nature and is manifested through illicit international markets. Consequently, further research is needed specifically regarding the economic causes and consequences of trafficking, the volume of the trade in people and the numbers of victims. A role for academic institutions must be emphasized, individually conducting research and incorporating trafficking in persons into the curricula.

THE ALERT APPROACH

There exists an international consensus that trafficking in persons is a common problem which must be defined and confronted. Having reached that consensus, the path forward raises new obstacles. These obstacles can be summarized into five main areas. This is known as the ALERT approach.

A stands for “Accountability”

At the close of 2008, 124 countries had ratified the UN Protocol. It is important that countries be held accountable for the implementation of their obligations under the Protocol. One way of ensuring accountability is developing a monitoring and reporting mechanism such as a national annual report and/or a national special rapporteur.

L stands for “Legislation”

Most national laws follow the UN Protocol. The problem is that the UN Protocol provides for minimum standards for the elimination of trafficking only. The UN Protocol omits many key provisions, such as the principle of non- punishment and the granting of benefits to victims irrespective of testimony. By contrast, the Council of Europe Convention possesses enhanced standards and is therefore a viable alternative to the UN Protocol for national legislatures looking to pass anti-trafficking legislation.

E stands for “Education”

The incorporation of trafficking in persons into the human rights curricula of universities and the dissemination and sharing of resources with regard to trafficking such as would occur with international associations.

R stands for “Religion”

Religion can be a powerful influence in preventing trafficking in persons. Many international organizations already work with religious groups to engage them in such efforts. It is also true that prostitution is prohibited by all religions and prevention of prostitution should be a part of any anti-trafficking effort.

T stands for “Technology”

The Internet is used to promote illicit activities, including sex trafficking, sex tourism, mail order brides, and pornography. The only international convention on internet crimes is the Council of Europe Convention on Cybercrime 2000. The drafters of the Council of Europe Convention did not find it necessary to include technology in the definition of trafficking since recruitment is a term that is wide enough to include recruitment through the Internet or other technologies.

OUR MISSION:

THE PURPOSE IS TO SHARE BEST PRACTICES AND PROMOTE ACTIONS AGAINST HUMAN TRAFFICKING.

WE MAKE AVAILABLE TO YOU GUIDES AND RESEARCH ON TRAFFICKING IN HUMAN BEINGS FROM THE MOST RECOGNISED LEGAL AND OPERATIONAL ACTORS.

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