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ADVOCACY

ADVOCACY — DIPLOMACY

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”

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

A vic­tim-cen­tered approach involves uphold­ing the best inter­ests of the vic­tim as the pri­or­i­ty con­cern when intro­duc­ing legislation.

The Principle of Non-punishment of a Victim of Trafficking.
  • The Coun­cil of Europe Con­ven­tion on Action Against Traf­fick­ing in Human Beings. The Coun­cil of Europe Con­ven­tion on Action against Traf­fick­ing in Human Beings pro­vides that penal­ties are not to be imposed on vic­tims for their involve­ment in unlaw­ful activ­i­ties to the extent that they have been com­pelled to do so [Art. 26]. The first and most nec­es­sary step to assist­ing vic­tims of traf­fick­ing in per­sons is rec­og­niz­ing them as such. Exist­ing leg­is­la­tion often crim­i­nal­izes the vic­tim of traf­fick­ing in per­sons for acts such as ille­gal immi­gra­tion, pos­ses­sion of false doc­u­ments and ille­gal pros­ti­tu­tion. Vic­tims of traf­fick­ing should not be inap­pro­pri­ate­ly incar­cer­at­ed, fined, or oth­er­wise penal­ized for unlaw­ful acts com­mit­ted as a direct result of being traf­ficked. This is the prin­ci­ple of non-crim­i­nal­iza­tion of the acts of a vic­tim of traf­fick­ing and it must be rec­og­nized and imple­ment­ed by any anti-traf­fick­ing legislation.
  • Unit­ed Nations Koso­vo Reg­u­la­tion No. 2001 on the Pro­hi­bi­tion of Traf­fick­ing in Per­sons. The prin­ci­ple of non-pun­ish­ment of vic­tims of traf­fick­ing is clear­ly stat­ed No. 2001 on the Pro­hi­bi­tion of Traf­fick­ing in Per­sons which pro­vides: “A per­son is not crim­i­nal­ly respon­si­ble for pros­ti­tu­tion or ille­gal entry, pres­ence or work in rea­son­able belief that he or she was the vic­tim of trafficking.”
  • The Unit­ed States Traf­fick­ing Vic­tims Pro­tec­tion Act. The Traf­fick­ing Vic­tims Pro­tec­tion Act imple­ments the prin­ci­ple of non-crim­i­nal­iza­tion. The Act states that vic­tims of traf­fick­ing “are repeat­ed­ly pun­ished more harsh­ly than the traf­fick­ers them­selves,” and that the vic­tims should not be “penal­ized sole­ly for unlaw­ful acts com­mit­ted as a direct result of being traf­ficked,” such as using false doc­u­ments, enter­ing the coun­try with­out doc­u­men­ta­tion, or work­ing with­out doc­u­men­ta­tion. On this basis the Act pun­ish­es the traf­fick­ers who fal­si­fy doc­u­ments with up to 5 years impris­on­ment, then explic­it­ly states that this rule “does not apply to the con­duct of a per­son who is or has been a vic­tim of a severe form of traf­fick­ing in persons…if that con­duct is caused by, or inci­dent to, that trafficking.”

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 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

TRAFFICKING IN PERSONS AND SMUGGLING OF MIGRANTS

THE FOUR PS

THE THREE EXES

TRAFFICKING-RELATED PROVISIONS UNDER THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME

PROTECTION OF VICTIMS

PARTICIPATION

PROSTITUTION UNDER INTERNATIONAL LAW

CHILD SEX TOURISM UNDER INTERNATIONAL LAW

UNITED STATES LAW ON CHILD SEX TOURISM

DEMAND UNDER INTERNATIONAL LAW

DEMAND UNDER DOMESTIC LEGISLATION

MARRIAGE UNDER INTERNATIONAL LAW

U.S. INTERNATIONAL MARRIAGE BROKER REGULATION ACT OF 2005

Vio­lence Against Women and Depart­ment of Jus­tice Reau­tho­riza­tion Act of 2005

ADOPTION UNDER INTERNATIONAL LAW

U.S. INTERCOUNTRY ADOPTION ACT OF 2000

SLAVERY UNDER INTERNATIONAL LAW

PROHIBITION OF FORCED LABOR UNDER INTERNATIONAL LAW

STRATEGIES TO COMBAT CORRUPTION

TRAFFICKING IN PERSONS UNDER THE UNITED STATES TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (TVPA), AS AMENDED IN 2003 AND 2005

CRIMES AND PUNISHMENTS

BENEFITS GRANTED TO VICTIMS OF TRAFFICKING

PREVENTION OF TRAFFICKING

T‑VISA REQUIREMENTS

MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING IN PERSONS

ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM STANDARDS

 With­hold­ing of Assis­tance by Pres­i­den­tial Determination

INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING

ADLAUDATOSI INTEGRAL ECOLOGY FORUM WEBINARS

You access our webi­na­rs videos on: https://adlaudatosi.org/#course

 

Religious Helping Trafficking Victims along the Road of Recovery (ON-DEMAND VIDEO WEBINAR)

Religious Working In International Advocacy Against Human Trafficking (ON-DEMAND VIDEO WEBINAR)

Impact Of Human Trafficking On Health: Trauma (ON-DEMAND VIDEO WEBINAR)

Impact Of Human Trafficking On Health: Healing (ON-DEMAND VIDEO WEBINAR)

International Prosecution Of Human Trafficking — Where Are We Now? (ON-DEMAND VIDEO WEBINAR)

International Prosecution Of Human Trafficking — What can be done? (ON-DEMAND VIDEO WEBINAR)

International Prosecution Of Human Trafficking — Best Practices (ON-DEMAND VIDEO WEBINAR)

Demand As Root Cause For Human Trafficking – Sex Trafficking & Prostitution

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

Human Trafficking — Interview with Prof. Michel Veuthey, Order of Malta — 44th UN Human Right Council 2020

POPE’S PAYER INTENTION FOR FEBRUARY 2020: Hear the cries of migrants victims of human trafficking

FRANCE — BLOG DU COLLECTIF “CONTRE LA TRAITE DES ÊTRES HUMAINS”

Church on the frontlines in fight against human trafficking

Holy See — PUBLICATION OF PASTORAL ORIENTATIONS ON HUMAN TRAFFICKING 2019

RIGHT TO LIFE AND HUMAN DIGNITY GUIDEBOOK

Catholic social teaching

Doctrine sociale de l’Église catholique

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