1. Trafficking in Human Beings: Definition and Legal Framework “Training for Diplomatic and Consular Personnel” Brussels 25 November 2009 Tatiana Jardan IOM Moldova 11/25/2009 1 THB: Definition and Legal Framework

2. 11/25/2009THB: Definition and Legal Framework 2 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; Case Studies – group discussions

3. 11/25/2009THB: Definition and Legal Framework 3

4. 11/25/2009THB: Definition and Legal Framework 4 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

5. 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 11/25/2009 5 THB: Definition and Legal Framework

6. 11/25/2009THB: Definition and Legal Framework 6 How does THB work? Trafficking should be seen as a process, starting with the recruitment and ending with the exploitation of the victim 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.

7. 11/25/2009THB: Definition and Legal Framework 7 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

8. 11/25/2009THB: Definition and Legal Framework 8 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

9. 11/25/2009THB: Definition and Legal Framework 9 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

10. 11/25/2009THB: Definition and Legal Framework 10 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

11. 11/25/2009THB: Definition and Legal Framework 11 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 plus EU directives

12. 11/25/2009THB: Definition and Legal Framework 12 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.

13. 11/25/2009THB: Definition and Legal Framework 13 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)

14. 11/25/2009THB: Definition and Legal Framework 14 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.

15. Schengen Agreement and EU Acquis Schengen Agreement: 25 countries - eliminated border controls with other Schengen members while simultaneously strengthening border controls with non- member states EU Acquis and free movement of people, one of the four basic freedoms + The Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely (Freedom of movement for workers) 11/25/2009THB: Definition and Legal Framework 15

16. EU Action against THB Council Framework Decision on Combating THB (July 2002) – New proposal under revision – a more integrated and holistic approach in the fight against THB; Council Directive on the residence permit issued to third-country nationals who are victims of THB or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (April 2004) - define the conditions for granting residence permits of limited duration; Council Directive relating to compensation to crime victims (April 2004 ) EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings ( Dec. 2005) - coordination of EU action, scoping the problem, prevention, reducing the demand, investigating and prosecuting, protecting and supporting victims of trafficking, returns and reintegration, external relations. 11/25/2009THB: Definition and Legal Framework 16

17. 11/25/2009 17 THB: Definition and Legal Framework

18. 11/25/2009THB: Definition and Legal Framework 18 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

19. Trafficking and Prostitution/Pimping TRAFFICKING Recruitment Procurement Coercion Force Abuse Sexual exploitation Financial gain PROSTITUTION Recruitment Procurement Encouragement Force Facilitating prostitution Financial gain – who profits? 11/25/2009THB: Definition and Legal Framework 19

20. 11/25/2009 THB: Definition and Legal Framework 20 Thank you for your kind attention! Mission to The Republic of Moldova Ciuflea 36/1 str., Chisinau, MD 2001, Republic of Moldova Tel. +373 22 23 29 40; 23 29 41; 23 47 01. Fax. +373 22 23 28 62. Web: www.iom.int; www.iom.md;www.iom.int E-mail: iomchisinau @iom.int tjardan@iom.int; tatiana.jardan @gmail.com IOM International Organization for Migration

21. TRAFFICKING OR NOT??? Have you ever came across a victim of trafficking? Have you experienced or assisted in similar cases as the ones in the case studies? How would you react if one of the persons came to your embassy? What can you do to assist? 11/25/2009 21 THB: Definition and Legal Framework

22. 11/25/2009THB: Definition and Legal Framework 22 TRAFFICKING OR NOT??? Case Study 1: Liliana is a 16-year-old Romanian 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…

23. 11/25/2009THB: Definition and Legal Framework 23 TRAFFICKING OR NOT??? Case Study 2: Maria is a 30 year old divorced woman with two little children from a small village in Russia. 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….

24. 11/25/2009THB: Definition and Legal Framework 24 TRAFFICKING OR NOT??? Case Study 3: Piotr is a 26 year old man from Ukraine who wanted to migrate to Italy for work in order to help his 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, Piotr and the other 6 men were sent to work at a shoe factory. Piotr 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 Piotr’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, Piotr worked at the factory for 9 months and didn’t receive a penny, even when all the debts were paid off. Piotr was afraid to protest since he had entered and stayed in Italy illegally…

25. 11/25/2009THB: Definition and Legal Framework 25 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 Bulgaria 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…

26. 11/25/2009THB: Definition and Legal Framework 26 TRAFFICKING OR NOT??? Case Study 5 : Samira is a 19-year-old girl. Her parents arranged for her to get married to her cousin who has lived in Finland for years. In Helsinki 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 does not speak the local language, her husband 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 Finland, he will make sure she is sent back to their home village. 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.

27. 11/25/2009THB: Definition and Legal Framework 27 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 4000-4500 Euros from each client.

28. 11/25/2009THB: Definition and Legal Framework 28 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…