OAS – Preventing and Combating Trafficking in Persons: Trafficking and Smuggling Department of Public Security - SMS Committee on Migration / Washington, DC, January 28, 2013

What’s 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

When it is considered trafficking in persons? Elements of the Process 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 payment. PURPOSE: sexual exploitation, forced labor or services, practices similar to slavery, servitude, begging, organ/tissue removal, armed conflicts, combined forms of exploitation.

Types of Exploitation Commercial Sexual Exploitation: prostitution in massage parlors, night clubs, bars, karaoke establishments, streets, escorts, etc. Forced Labor: (labor exploitation) farming, fishing industry, construction, mining, “sweat-shops”, entertainment,. Domestic Servitude Exploitation by Beggin Illicit Trafficking of Organs Sex Tourism Minors in Armed Conflicts Forced Marriages

Trafficking from and to the Americas Europe Japan Asia

Countries of Origin, Transit, and Destination North America East Europe West Europe Asia

Caribbean Routes

Consent of the Victim The victim’s consent is irrelevant when is evidenced that the trafficker has obtained that consent through illicit means. The victim’s consent in one stage of the process cannot be considered consent in all stages of the process Minors under 18 years of age are victims even when the “means” are not used. Minors are excluded from any possibility of consent

Smuggling of Migrants “The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident” Implies: illegal entry, fraudulent travel or identity document (falsely made, improperly issued or obtained, used by other than the rightful holder), means of transportation (vessel)

Trafficking and Smuggling Not always border crossing legitimate or ilgmt documents Documents withheld Coercion Restrictive movement Exploitation Crime against the Person Smuggling Illegal border crossing Illegal possession of documents Voluntary Business transaction Crime against the State .

OAS - Member States Commitment Public policies and strategies to combat TIP Anti TIP comprehesive law strengthening Identification of victims Data collection Prevention-Protection

Member States Mandates / Documents Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children Conclusions and Recommendations of the 1st and 2nd Meetings of National Authorities on Trafficking in Persons (Venezuela 2006, Argentina 2009) Work Plan against Trafficking in Persons in the Western Hemisphere AG/RES.2551 (XL-O/10) Conclusions of the 3rd. Meeting of National Authorities on Trafficking in Persons (Guatemala 2012, RTP-III/doc.7/12)

Peacekeeping Train-the Trainers “Anti-trafficking in persons’ train-the trainers program for peacekeeping personnel from the Americas” project The project’s specific objectives were: To support and encourage proper sexual conduct among fellow peacekeepers and with local women and minors; To train trainers and personnel of peacekeeping missions in the identification of common traits of victims of trafficking in persons; To raise awareness about cultural traditions, gender, religion, economic and social differences, in conflict countries where peacekeeping forces are deployed; To promote the respect of human rights of women and children --the most vulnerable group for becoming victims of sexual exploitation and abuse. Training seminars in 6 Latin American countries where peacekeeping training centers are present - namely Argentina, Brazil, Chile, Guatemala, Peru and Uruguay– Participants from Dominican Republic at the training seminar in Guatemala. DPS, with the collaboration of the International Organization for Migration (OIM)-Office in Bolivia and several consultants and companies, developed the following Toolkit: A handbook: “Training Module on Trafficking in Persons for U.N. Peacekeeping Personnel” A booklet “Guide on Trafficking in Persons for U.N. Peacekeeping Personnel” The video “Worldwide Outlook of Trafficking in Persons” The video “After the Silence, Screams of Hope” An interactive CD-Rom Trained over 400 people directly; and over 5000 indirectly through the trainers.

Consular Training “Training Institutes of Foreign Affairs on Trafficking in Persons, Especially Women and Children” Program. Objective: training of diplomats, consular officers, legal advisors and other anti-TIP related professionals on prevention, identification and protection of victims; 11 targeted countries. Participating Caribbean Countries: Dominican Republic, Haiti, Trinidad and Tobago and Jamaica. Santo Domingo, Dominican Republic, at the Diplomatic Academy housed at the Ministry of Foreign Affairs, on October 30-31, 2008. Port-au-Prince, Haiti, on February 18-19, 2009. Due to security concerns the seminar took place at the Villa Creole Hotel. Port Spain, Trinidad and Tobago, at the Hotel Normandie, on June 30 and July 1, 2009 Kingston, Jamaica, at the Hotel Pegasus, on July 15 and 16, 2009 A training toolkit specifically designed for consular officials and officers of the Ministries of Foreign Affairs was developed. The toolkit included: 1) a 130-page Training Handbook; 2) a 30-page pocket-booklet; 3) a 30-minute training video; 4) an interactive CD-Rom containing the aforementioned information plus trafficking in persons laws from the participating countries of the hemisphere and international legal documents related to the topic; and 5) a Model Agenda to deliver the course. The OAS actively encouraged--before, during and after the event--the inclusion of the course into the regular training curricula of the Diplomatic Academies and/or Ministries of Foreign Affairs (MFAs). Dominican Republic (letter NUM 27889 DSAC/DAM/STT) , Haiti (letter DG/AB/an/045-09), Jamaica and Trinidad and Tobago (see Official Note (FA)AMR: 5/2/90) have already confirmed the inclusion of the materials in the regular curricula of their Academies. The DPS held meetings with high level authorities, from the eleven countries where the program was implemented, in order to discuss a document on guidelines for the repatriation of victims of trafficking in persons. Governments expressed their general consensus to the proposed guidelines, and indicated that the document on “Guidelines for the Repatriation of Victims of Human Trafficking” will be used in further cases were foreign human trafficking victims are involved. The training program will be available for another 2 Caribbean countries during the beginning of 2011.

Caribbean Law Enforcement Training Project: Strengthening Capacity of Law-Enforcement Officials, Judges and Prosecutors in the Caribbean to Identify and Combat Trafficking in Persons, especially Women and Children Objectives: 1) to increase awareness of the crime of trafficking among law enforcement; 2) to strengthen the role of police, prosecutors’ offices and courts in their capacity to implement laws to combat trafficking; and 3) to increase the exchange of information, and the establishment of networks, between agencies involved in combating human trafficking in the Caribbean region. 9 Trainings done: Barbados, Belize, Dominica, Grenada, Guyana, Saint Lucia, Saint Vincent and the Grenadines, Suriname and Trinidad and Tobago. 4 Future trainings: Antigua and Barbuda, Bahamas, Jamaica (pending approval from the Government: DEC 15-16), and San Kitts and Nevis Approxamately 400 law enforcement, prosecutors and judges trained. DPS has designed a train-the-trainers’ curricula comprised of eight interrelated modules: The Distinction Between Trafficking and Smuggling The Human Rights Dimension of Trafficking in Persons The Criminal Operative Investigation Crime Scene Management and Operational Planning Victim Identification, Assistance and Protection Ethical Investigative Interviewing of Trafficked Victims Child Trafficking Immigration ‘Standard Operating Procedures’ of Entry and Exit Control The training curriculum includes a trainer’s manual (for use by trainers who have some degree of theoretical knowledge of the subject, as well as the skills necessary to deliver the curriculum), a pocket-size booklet (for easy access to the information), a training video, and awareness posters. DPS is encouraging the adoption of the training materials in the regular curriculum of the Law Enforcement training academies.

Current and Future Programms Training Program for the Security and Judicial Systems – Southern Cone Especialized Program for Border Control Sensitization in the Exploitation of Domestic Service Labor Exploitation / Forced Labor Virtual Training Program

Contact Information Fernando Garcia-Robles Coordinator, Anti-Trafficking in Persons Department of Public Security Organization of American States 1889 F. St. N.W. 872 D Washington , D.C. 20006 Email: mgarcia@oas.org Tel: 202.458.3202 Fax: 202.458.3882