Trafficking in Human Beings: Definition and Legal Framework “Training for Diplomatic and Consular Personnel” Vilnius 2 September 2009 Tatiana Jardan IOM Moldova

THB: Definition and Legal Framework2 Objectives: To learn about: IOM’s approach to Counter Trafficking Basics of Human Trafficking phenomenon International Legal Framework Differences and similarities between trafficking and smuggling; Differences and similarities between trafficking and prostitution;

THB: Definition and Legal Framework3

THB: Definition and Legal Framework4 IOM’s approach in Counter Trafficking Governing Principles: Respect for human rights Physical, mental and social well-being of the individual and his or her community Sustainability through institutional capacity building of governments and civil society Operational Standards: provide protection and empower trafficked women, men, girls and boys raise awareness and understanding of the issue bring justice to trafficked persons Since 1994: 500 projects in 85 countries approximately 15,000 trafficked persons assisted

THB: Definition and Legal Framework5 What is Trafficking in Human Beings? Trafficking in persons is an underreported crime- each year a high number of women, men, boys and girls become victims of trafficking Trafficking should be seen as a process, starting with the recruitment and ending with the exploitation of the victim Trafficking is a severe crime that violates the human rights of its many victims The patterns of human trafficking are constantly changing- global economic changes and the inventiveness of traffickers

6 What is Trafficking in Human Beings? Trafficking of Human Beings 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 of payments/benefits Purpose Sexual exploitation Forced labor or services Slavery/practices similar to slavery Servitude Begging Organ/tissue removal Armed conflicts Organized crime Surrogate mother Combined

THB: Definition and Legal Framework7 How does THB work? Recruitment: Abduction, forcible recruitment, fully deceptive recruitment, partially deceptive recruitment Transportation: Country of origin, country of transit, country of destination; Types: Legal or illegal; Means: Plane, bus, car, train, ship; Exploitation: Sexual exploitation, forced labor, forms of slavery, begging, organ transplant, armed conflicts, organized crime, surrogate mother; Trafficking is No. 3 in the world after the illegal sales of arms and narcotics in terms of profit.

THB: Definition and Legal Framework8 The Causes Human trafficking is a highly profitable economic crime that is based on the principles of supply and demand and which exploits a series of “push and pull” factors in the countries of origin and destination A continuous supply of victims within the countries of origin A constant and growing demand for the services of the victims in the countries of destination The criminal exploitation of these two factors by international organised criminals

THB: Definition and Legal Framework9 Push Factors: Poverty – and the feminisation of poverty Lack of education Unemployment Gender discrimination Domestic violence Life within dysfunctional families Impact of conflict or transition on countries Lack of opportunity for legal migration Lack of opportunity or alternatives

THB: Definition and Legal Framework10 Pull Factors: Expectation of employment and financial reward In the sex industry, expectation of rich financial rewards Access to material benefits associated with the West Improved social position and treatment Perceived ‘glamour’ of Western European daily life Demand of reproductive work of women Demand of the “exotic” women as prostitute Demand of cheap labour men and women

THB: Definition and Legal Framework11 Home (country of origin) Abroad (country of destination) Exploited & Trapped Circumstances of Trafficking Circumstances of Return Causes of Trafficking  Forced Migration? Few job opportunities for women Limited legal alternatives to work abroad Growth of women as sole supports of families Gender and youth issues Lack of social safety nets Domestic violence Prostitution Substance abuse Unequal access to opportunities due to corruption  Re-integration into the same socio- economic environment? Areas covered by counter-trafficking activities

THB: Definition and Legal Framework12 Legal Framework Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000)- supplementing the UN Convention Against Trans-national Organised Crime 2000 The Council of Europe Convention on Action against Trafficking in Human Beings (entered into force in February 2008) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (entered into force on 18 January 2002) National/Domestic Law

THB: Definition and Legal Framework13 Palermo Protocol “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children” Article 2 - purpose of the protocol is: Prevent and combat trafficking in persons, particular attention to women and children Protect and assist the victims of such trafficking, with full respect for their human rights Promote co-operation amongst States in order to meet the two above-mentioned objectives.

THB: Definition and Legal Framework14 Article 3 of the Protocol A) ‘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. (B) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph 3A of this article shall be irrelevant where any of the means set forth in subparagraph 3A have been used. (C) 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 subparagraph (A) of this article. (Child – Under 18 years)

THB: Definition and Legal Framework15 The added value of CoE Convention on action against THB Came into force in the beginning of 2008 THB - an affront to human dignity and a violation of human rights; Definition of the term “Victim” – any natural person who is subject to THB; Proper balance between respect for human rights and prosecution; Comprehensive scope of application: national/ transnational; linked or not with organised crime; Comprehensive legal framework for the protection of and assistance to victims and witnesses GRETA - an efficient and independent monitoring mechanism; Mainstreaming gender equality in its provisions.

THB: Definition and Legal Framework16 Additional Relevant International Legal Instruments Slavery Conventions 1926, 1930 and 1956 Worst Forms of Child Labour Convention 1999 UN Convention on the Rights of the Child Articles 1 and 2 provisions UNHCR Principles & Guidelines UNICEF Guidelines on Child Trafficking ILO Convention Concerning Forced Labour (1932)

THB: Definition and Legal Framework17 Trafficking and Smuggling / Illegal Migration

THB: Definition and Legal Framework18 Definitions of Trafficking and Smuggling: Differences/Similarities TRAFFICKING:  Violation of an individual’s human rights  Victims: men, women, boys, girls  Particularly: women, girls, minorities  One aim: financial gain  Often organized by criminal networks but a trafficker can also be a friend, a relative, employee…  Can happen anywhere, does not have to be international SMUGGLING:  Illegal crossing of national borders and entry to a country, part of illegal migration  Anyone can be smuggled  Victim is not the person smuggled, but the state which is entered illegally Consent of migrant Consent of migrant  Intermediaries, criminal networks: facilitate the illegal migration for financial gain

THB: Definition and Legal Framework19 SMUGGLED MIGRANTS:  Want to cross a border into another state without visa/residence permit  Active participants in the process  Dependent on the smuggler for the duration of the journey, otherwise independent  Usually know about the conditions of travel  Take part voluntarily  Can become victims of exploitation if can not pay for the journey or the smuggler/intermediary is also a trafficker TRAFFICKED PERSONS:  Often physical and psychological abuse  Often denied freedom of movement and other basic rights  Often illegal / irregular migrants  Always coerced/subservient/ dependent  May have consented to the job/journey but not to the exploitation Definitions of Trafficked and Smuggled Persons: Differences/Similarities

THB: Definition and Legal Framework20 Trafficking and Prostitution/Pimping

THB: Definition and Legal Framework21 Prostitution/Pimping Prostitution: Selling sexual services Pimping: Facilitating, encouraging, forcing into selling sexual services Purpose: Financial gain Can be Exploitation

THB: Definition and Legal Framework22 Thank you for your kind attention! Mission to The Republic of Moldova Ciuflea 36/1 str., Chisinau, MD 2001, Republic of Moldova Tel ; ; Fax IOM International Organization for Migration

THB: Definition and Legal Framework23 TRAFFICKING OR NOT??? Case Study 1: Lili is a 16-year-old Albanian girl from the rural area who is taken by a family friend to the city to find work to help to support her family that lives in desperate poverty. The family friend takes her to the city streets where she is obliged to exercise begging under control and pressure of this family friend. Some of her earnings are directly paid to her family. The rest is kept by the family friend, as agreed with Lili’s parents…

THB: Definition and Legal Framework24 TRAFFICKING OR NOT??? Case Study 2: Maria is a 30 year old divorced woman with two little children from a small village in Moldova. She lives in a very poor house with no appropriate commodities and has got no job to provide for her family. She decides to come to the city and starts begging, asking people for help. Finally she was offered a job by an owner of a bar to work as a waitress. Her working hours are to be from afternoon until late at night. She is asked by the owner of the bar to provide sexual services to clients. She agrees, as she desperately needs the money for her children. Maria is paid her salary as well as the tips that her clients give her….

THB: Definition and Legal Framework25 TRAFFICKING OR NOT??? Case Study 3: Petru is a 26 year old man from Moldova who wanted to migrate to Italy for work in order to help is family. A friend provided him contacts of a Mr. X who arranged documents and travel to Italy. He gave Petru false passport and together with a group of other 6 men, he was transported illegally to Italy for which he owed to Mr. X 3000 Euro. Once in Italy, Petru and the other 6 men were sent to work at a shoe factory. Petru worked for about 12 hours per day and agreed not to receive salary for 3 month in order to pay back his debts. The owner paid Petru’s salary to Mr. X. The owner of the factory provided to the workers one meal per day and accommodation in a store room of the factory. In the end, Petru worked at the factory for 9 months and didn’t receive a penny, even when all the debts were paid off. Petru was afraid to protest since he had entered and stayed in Italy illegally…

THB: Definition and Legal Framework26 TRAFFICKING OR NOT??? Case Study 4: Maria has accepted an offer to work as a waitress in Italy knowing the fact that her job may include providing sexual services to clients. However, she was smuggled to a suburb of a city in Macedonia and she was not paid for her waitressing. Moreover, she was forced to provide sexual services in the evenings under threats of violence. Her documents were taken away and all her income went to her employer. She could not leave the restaurant and didn’t have access to telephone. She was also sometimes mistreated, if she didn’t comply…

THB: Definition and Legal Framework27 TRAFFICKING OR NOT??? Case Study 5 : Samira is a 19-year-old Kurdish girl from Eastern Turkey. Her parents arranged for her to get married to her cousin who has lived in Denmark for years. In Copenhagen Samira has to do all the housework and she is not allowed to leave the house without her husband. She does not have her own money, she speaks only Kurdish and some Turkish, he sometimes hits her. Samira feels miserable and does not want to bring a child into the marriage. However, her husband wants children and forbids contraception. He tells her that if she says to anyone she is not happy in Denmark, he will make sure she is sent back to their village in Turkey. Samira can use her husband’s mobile to call home, and has managed to tell her parents what is happening to her. Her parents tell her that all marriages all difficult in the beginning but that her husband is a good man and she should do as he says…

THB: Definition and Legal Framework28 TRAFFICKING OR NOT??? Case Study 6: Nicolai N. was stopped at the border while trying to take three minors (13-15 years old) out of the country using false notary’s documents. It was identified that the children were going through Bulgaria to their parents who are working in France and Nicolai was accompanying children only to Bulgaria and going to Greece afterwards. Upon investigations, it was identified that Serghei T. and Alla S. were the main organizers of the scheme and were involved in such activities during the last 3 years. For their services, Serghei T. and Alla S. were asking Euros from each client.

THB: Definition and Legal Framework29 TRAFFICKING OR NOT??? Case Study 7: Ivan decided to leave his home country to search for work because needed money to pay for his children’s education. A man from his hometown offered his assistance to enter another country illegally. Once being in destination country, Ivan found a job in constructions. After several weeks a co-worker approached Ivan and proposed a better job in another city. Ivan gave the man all his savings, and one night they traveled by a truck to the city, where Ivan had to work at a factory and live in a dormitory near it. Upon meeting his employer, Ivan gave his travel documents to him for arrangement of a work permit. He was told that the employer will deduct his living expenses from his salary. When Ivan tried to go out the first evening to find a phone and call his family, a man with a gun told him that workers where not allowed to leave the premises. Ivan was threatened with deportation and told that his family would be harmed if he caused any trouble…