Victim Identification Toolkit Training Kit

Overview  Definitions (trafficking – smuggling)  The Hong Kong context  Victim identification  Child trafficking  The role of the support services

Activity 1 Describe  a child trafficking victim  a forced labour victim  a sexual exploitation victim In particular: How does s/he look like? How old is s/he? What does s/he wear? How does s/he talk?

Definitions Human trafficking – as defined in the Palermo Protocol  Act: recruitment, transportation, transfer, harbouring, receipt  Means: threat, use of force, coercion, abduction, fraud, deception, abuse of power, position of vulnerability, giving or receiving of payment or benefits  Purpose: exploitation

Definitions According to the Palermo Protocol, exploitation includes 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  the removal of organs

Definitions Trafficking  Exploitation-based  On arrival at destination the real problems begin.  The person may not leave at his/her own choices. Smuggling  Transportation-based  On arrival at destination the migrant is free to make his/her own way.

The Hong Kong Context  The Palermo Protocol is not applicable to HK  Section 129 of the Crimes Ordinance limited because only focuses on movement to and from HK and only states one form of exploitation, prostitution not in line with international standards, including the Palermo Protocol  No criminal prohibition on forced labour  Rare cases because hidden by nature poor victim identification lack of relevant legislation

The Hong Kong Context Main features  Destination and transit territory  Victims are men, women, teenage girls  Source countries (China, Colombia, Indonesia, Thailand, Vietnam, the Philippines, Nepal, Cambodia)  Foreign domestic helpers’ situation – debt bondage  Commercial sex trafficking

Victim identification Identification is a complex and multi-layered process  Complex and silent nature of the crime identification is not a straightforward process  Different stages of identification when will the victim be referred to relevant support services Preliminary identification by non-specialized police in partnership with community members Identification by specialized police units Procedural identification Judicial identification

Victim identification Many people may encounter trafficking victims during their daily work Great variety of actors are involved in the identification process.  Front line staff NGOs, social care providers, churches Border guards Police Immigration services Health care providers Labour inspectors  Actors of the criminal justice system  Consulates

Victim identification Issues surrounding identification  Identification is a multi-layered process  Gender  Fear of authorities  Fear of reprisals  Nexus between immigration/crime and trafficking  Victims’ lack of understanding of their victimhood  Relationship with the trafficker

Victim identification Risk factors  Misconceptions: only poverty, lack of knowledge are causes of human trafficking  Reality Many victims are partially/fully aware that they are involved in commercial sex acts. Victims come from all age groups. A significant proportion of victims are coming from urban areas. University graduates may also fall prey to traffickers.

Activity 2 True or false  Victims often make a conscious decision in the belief that they will lead a better life.  Victims expect to be held captive for a while and also assume that they cannot choose their working conditions.  Victims receive good payments for their work.  Victims receive medical care on an emergency basis only.  Victims may accept abusive, harsh conditions hoping that their situation will improve.

Victim identification The probability of trafficking may be high in the following situations:  Recruitment  Personal documents and belongings  Violence or threat of violence  Working conditions  Living conditions  Freedom of movement

Activity 3 True or false  Victims can easily control their recruiting possibilities, working and living conditions.  In most cases victims experience mental abuse.  Victims are forced to live in unhygienic/shared accommodation.  Victims are almost never physically abused.  Victims’ personal belongings, documents and money are taken away.

Activity 4 Role play A FDH is interviewed by a police officer or an NGO’s social worker. She ran away from her employers’ home having sought help at the police station/NGOs office. There are wounds on her face but she will not tell how they occurred. The police officer’s/NGO’s social worker’s role is to find out if she could be a victim of trafficking. After the interview: 1. Feedback from the victim. How did she feel about the officer’s/social worker’s behaviour? 2. Feedback from the officer/social worker. How did he/she feel? What helped him/her to comfort the person and get the necessary information?

Child Trafficking  Palermo Protocol Children: persons under 18 years of age Special definition under the Palermo Protocol: Act (recruitment, transportation, transfer, harbouring, receipt) Act does not need the element of threat, coercion, fraud or deception Purpose (exploitation)  Sexual exploitation AND forced labour as well  Trafficked children end up in work that is dangerous to their health, safety and morals.

Child Trafficking  UN Convention on the Rights of the Child applies to HK  Human trafficking violates the following rights of the children to be protected from exploitation to remain with their family to go to school to be protected from sexual violence to have time to play

Child Trafficking Risk factors  Family disruptions  Social/economic factors  Domestic violence  Community factors  Specific factors  Institutional factors

Activity 5 Discuss a case A 15 year-old girl dreams of becoming a model. She meets a man who tells her about a modelling job in another city. The girl leaves school and travels alone to the city. When she arrives at the destination, she finds that the modelling agency does not exist instead a night club owner meets her and she is expected to entertain customers in pornographic performances. Questions: 1. Is the girl a trafficking victim? 2. Is the man a trafficker?

Support services Trafficking is a violation of the human rights of the victim. Key points:  avoid secondary victimization  the importance of proper identification  consider the needs and rights of the victim  inform victims of their rights  protect the privacy and identity of the victim

Support services Victims have multiple needs. Therefore, comprehensive forms of help are required.  physical, psychological, emotional support  referral to medical care  shelter  guidance through decision making  legal representation  interpretation and translation  financial support, compensation  assistance to return home (if victim wishes)

Support services Liberty Asia’s Regional Victim Crisis Centre The Crisis Centre covers the Mekong Region: China, Cambodia, Laos, Myanmar, Malaysia, Thailand, Vietnam