CENTRE FOR INTERNATIONAL CRIME PREVENTION The United Nations Global Programme against Trafficking in Human Beings Working to End Trafficking in Children

CENTRE FOR INTERNATIONAL CRIME PREVENTION Between 700,000 and 2 million people are trafficked each year. No one knows how many are children But children are highly vulnerable, often unregistered, easily controlled and manipulated.

CENTRE FOR INTERNATIONAL CRIME PREVENTION Almost every country in the world is being used by traffickers to send, receive, or transit children. It is a global problem that requires a global solution.

Trafficking Routes and Flows are Complex New York Post, using US District Court, IOM, and US law enforcement agency records. Trafficking Routes and Flows are Complex

And reach every part of our world. Sources? And reach every part of our world.

CENTRE FOR INTERNATIONAL CRIME PREVENTION Global Programme against Trafficking in Human Beings: Objectives Improved capacity to ratify the trafficking protocol Improved cooperation Improved criminal justice responses Improved victim/witness protection Heightened awareness Improved professional skills

Global Programme Against Trafficking in Human Beings Asia: The Philippines Eastern Europe: The Czech Republic and Poland Latin America: Brazil Western Africa: Benin, Nigeria and Togo

Global Programme Against Trafficking in Human Beings Database of trafficking/smuggling flows Toolkit on promising practices

CENTRE FOR INTERNATIONAL CRIME PREVENTION Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children

CENTRE FOR INTERNATIONAL CRIME PREVENTION Definition (Art. 3) Trafficking in persons the recruitment, transportation, or receipt of persons by means of the threat or use of force, coercion, fraud, and abuse of power for the purpose of exploitation, which includes sexual exploitation, forced labour, slavery and the removal of organs The definition of “trafficking” is a key element of the Protocol Trafficking is a serious and well-recognized problem, but one which proved difficult to define. This definition represents the first clear definition at the international level. It will greatly assist in the fight against trafficking by standardizing our approaches to the problem. It will help to ensure that legislation and administrative measures are consistent from country to country, and it will help provide a common basis for statistical and research purposes. Trafficking consists of a combination of an illicit act, done by certain means, and for the purpose of exploiting the victim. The language of Article 3(b) on question of consent reflects a compromise. Some countries wanted to make any consent of the victim completely irrelevant to ensure that the victim’s initial consent was not used by traffickers as a defence to charges arising from later exploitation which was not what the victim consented to. Others found this too broad for constitutional and legal purposes. The resulting language should address both problems. Valid consent of the victim could still be a defence in domestic law, but as soon as such things as threats, coercion or the use of force are established, these would nullify any consent and overcome the defence.

CENTRE FOR INTERNATIONAL CRIME PREVENTION Addresses those who exploit the prostitution of others Consent is irrelevant if threat or use of force, coercion, fraud, and abuse of power have been used

CENTRE FOR INTERNATIONAL CRIME PREVENTION Protocol covers: Criminalization (Art. 5) Assistance and protection of victims (Art. 6,7,8) Prevention (Art. 9) Information exchange and training (Art. 10) Border and other measures (Art. 11,12,13)

CENTRE FOR INTERNATIONAL CRIME PREVENTION Assistance and protection of victims (Art.6) safety of victims protection of privacy and identity information about proceedings and right to be heard protection of victims from re- victimization The assistance and protection of victims is an important part of the Protocol. The Ad Hoc Committee recognized at an early stage that trafficking victims are exceptionally vulnerable In the destination States, they are foreign, often undocumented, and lacking in language skills and basic access to both criminal justice and social support systems In their states of origin, they may be stigmatized as victims, especially if they were trafficked into prostitution, and they are often vulnerable to the same offenders who originally trafficked them They may face retaliation for having assisted law enforcement or they may face being trafficked again.

CENTRE FOR INTERNATIONAL CRIME PREVENTION Measures for physical, psychological and social recovery legal and other counselling medical, psychological, material and housing assistance employment, educational and training opportunities possibility of obtaining compensation possibility to stay in receiving country Articles 24 and 25 of the Convention recognize that some of these problems exist for victims and witnesses in organized crime cases in general. The provisions of the Protocol supplement these Articles with further measures specific to trafficking cases and the circumstances under which victims can be returned to their countries of origin. These include not only basic criminal justice safeguards, but also social support for victims. Key measures, such as the basic safety and security of victims, are mandatory. There is more flexibility with respect to social support because of the costs and practical problems faced by many countries.

CENTRE FOR INTERNATIONAL CRIME PREVENTION The Protocol requires protection of a child victim’s safety and identity, and provides a right to basic care. But major questions remain concerning trafficked children…

CENTRE FOR INTERNATIONAL CRIME PREVENTION Where and by whom should protection, support and care for child victims be provided? Can victim status and a right for support be conditional? Children should have the right to be witnesses but can their protection be secured? How can we prevent trafficking by reducing demand?

Look for our Anti-Trafficking Toolkit CENTRE FOR INTERNATIONAL CRIME PREVENTION The Global Programme on Trafficking in Human Beings is working to resolve these questions and protect trafficked children. Look for our Anti-Trafficking Toolkit Available in late 2002 www.odccp.org