1. Trafficking of Human Beings: Definition and Legal Framework “Training for Diplomatic and Consular Personnel” Tallinn, Estonia 28 th of April 2008 Tatiana Jardan IOM Moldova

2. 28.04.2009THB: Definition and Legal Framework2 Objectives: To learn about: To learn about: IOM’s approach in Counter Trafficking IOM’s approach in Counter Trafficking Basics of Human Trafficking phenomenon Basics of Human Trafficking phenomenon International Legal Framework International Legal Framework Differences and similarities between trafficking and smuggling; Differences and similarities between trafficking and smuggling; Differences and similarities between trafficking and prostitution; Differences and similarities between trafficking and prostitution;

3. 28.04.2009THB: Definition and Legal Framework3

4. 28.04.2009THB: Definition and Legal Framework4 IOM’s approach in Counter Trafficking Governing Principles: Respect for human rights Respect for human rights Physical, mental and social well-being of the individual and his or her community Physical, mental and social well-being of the individual and his or her community Sustainability through institutional capacity building of governments and civil society Sustainability through institutional capacity building of governments and civil society Operational Standards: provide protection and empower trafficked women, men, girls and boys provide protection and empower trafficked women, men, girls and boys raise awareness and understanding of the issue raise awareness and understanding of the issue bring justice to trafficked persons bring justice to trafficked persons Since 1994: 500 projects in 85 countries 500 projects in 85 countries approximately 15,000 trafficked persons assisted approximately 15,000 trafficked persons assisted

5. 5 What is Trafficking of Human beings? Trafficking of Human Beings Actions Recruitment Recruitment Transportation Transportation Transfer Transfer Harboring/Receipt Harboring/Receipt Exploitation ExploitationMeans Threat/use of force Threat/use of force Forms of coercion Forms of coercion Abduction Abduction Fraud Fraud Deception Deception Abuse of power Abuse of power Situation of vulnerability Situation of vulnerability Receiving of payments/benefits Receiving of payments/benefitsPurpose Sexual exploitation Sexual exploitation Forced labor or services Forced labor or services Slavery/practices similar to slavery Slavery/practices similar to slavery Servitude Servitude Begging Begging Organ/tissue removal Organ/tissue removal Armed conflicts Armed conflicts Organized crime Organized crime Surrogate mother Surrogate mother Combined Combined

6. 28.04.2009THB: Definition and Legal Framework6 How does THB work? Recruitment: Abduction, forcible recruitment, fully deceptive recruitment, partially deceptive recruitment 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; 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; 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. 28.04.2009THB: Definition and Legal Framework7 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 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 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 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 The criminal exploitation of these two factors by international organised criminals

8. 28.04.2009THB: Definition and Legal Framework8 Push Factors: Poverty – and the feminisation of poverty Poverty – and the feminisation of poverty Lack of education Lack of education Unemployment Unemployment Gender discrimination Gender discrimination Domestic violence Domestic violence Life within dysfunctional families Life within dysfunctional families Impact of conflict or transition on countries Impact of conflict or transition on countries Lack of opportunity for legal migration Lack of opportunity for legal migration Lack of opportunity or alternatives Lack of opportunity or alternatives

9. 28.04.2009THB: Definition and Legal Framework9 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

10. 28.04.2009THB: Definition and Legal Framework10 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. 28.04.2009THB: Definition and Legal Framework11 Legal Framework Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) The Council of Europe Convention on Action against Trafficking in Human Beings The Council of Europe Convention on Action against Trafficking in Human Beings (entered into force in February 2008) (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) 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 National/Domestic Law

12. 28.04.2009THB: Definition and Legal Framework12 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 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 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. Promote co-operation amongst States in order to meet the two above-mentioned objectives.

13. 28.04.2009THB: Definition and Legal Framework13 The added value of CoE Convention on action against THB recognising trafficking as an affront to human dignity and therefore a violation of human rights; recognising trafficking as an affront to human dignity and therefore a violation of human rights; ensuring a proper balance between respect for human rights and prosecution; ensuring a proper balance between respect for human rights and prosecution; comprehensive scope of application : whether national or transnational and whether or not linked with organised crime; comprehensive scope of application : whether national or transnational and whether or not linked with organised crime; setting up a comprehensive legal framework for the protection of and assistance to victims and witnesses setting up a comprehensive legal framework for the protection of and assistance to victims and witnesses establishing an effective and practical international co- operation system; establishing an effective and practical international co- operation system; setting up an efficient and independent monitoring mechanism (GRETA); setting up an efficient and independent monitoring mechanism (GRETA); mainstreaming gender equality in its provisions. mainstreaming gender equality in its provisions.

14. 28.04.2009THB: Definition and Legal Framework14 Relevant International Legal Instruments UN Convention Against Trans-national Organised Crime 2000 UN Convention Against Trans-national Organised Crime 2000 Supplementary Trafficking Protocol 2000 Supplementary Trafficking Protocol 2000 Slavery Conventions 1926, 1930 and 1956 Slavery Conventions 1926, 1930 and 1956 Worst Forms of Child Labour Convention 1999 Worst Forms of Child Labour Convention 1999 UN Convention on the Rights of the Child UN Convention on the Rights of the Child Articles 1 and 2 provisions Articles 1 and 2 provisions UNHCHR Principles & Guidelines UNHCHR Principles & Guidelines UNICEF Guidelines on Child Trafficking UNICEF Guidelines on Child Trafficking ILO Convention Concerning Forced Labour (1932) ILO Convention Concerning Forced Labour (1932)

15. 28.04.2009THB: Definition and Legal Framework15 Trafficking and Smuggling / Illegal Migration

16. 28.04.2009THB: Definition and Legal Framework16 Definitions of Trafficking and Smuggling: Differences/Similarities TRAFFICKING 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  Intermediaries, criminal networks: facilitate the illegal migration for financial gain

17. 28.04.2009THB: Definition and Legal Framework17 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

18. 18 Trafficking Recruitment Recruitment Transportation Transportation Transfer Transfer Harboring/Receipt Harboring/Receipt Exploitation Exploitation Procurement Procurement Agreement Agreement Payment Payment Illegal migration Illegal migration Consent of migrant Smuggling ACTIVITY

19. 19 Trafficking Threat/use of force Threat/use of force Forms of coercion Forms of coercion Abduction Abduction Fraud Fraud Deception Deception Abuse of power Abuse of power Taking advantage of vulnerability Taking advantage of vulnerability Receiving payments/benefits Receiving payments/benefits Transportation Land, sea and/or air Often inhuman/dangerous conditions Illegal documentation Illegal documentation Often through intermediary Often through intermediary Smuggling MEANS

20. 20 Trafficking EXPLOITATION: sexual forced labor forced begging illegal adoption organ transplants servitude surrogate pregnancies, armed conflicts, forced marriages, forced tenure… Smuggling FINANCIAL GAIN: intermediaries, criminal networks… or HUMANITARIAN MOTIVES: asylum seekers, family reunifications… or INDEPENDENT ACTION: crossing a border alone PURPOSE

21. 28.04.2009THB: Definition and Legal Framework21 Trafficking and Prostitution/Pimping

22. 22 Prostitution Selling sexual services Pimping Organizing, encouraging, providing, facilitating and selling sexual services Issues of demand ACTIVITY Definitions: differences, similarities 2. Definitions: differences, similarities

23. 23 Trafficking Threat/use of force Threat/use of force Forms of coercion Forms of coercion Abduction Abduction Fraud Fraud Deception Deception Abuse of power Abuse of power Taking advantage of vulnerability Taking advantage of vulnerability Receiving payments/benefits Receiving payments/benefits Prostitution, Pimping Encouraging to prostitution Encouraging to prostitution Forcing to prostitution Forcing to prostitution Facilitating prostitution Facilitating prostitution Who profits Who profits MEANS

24. 24 Trafficking sexual forced labor forced begging illegal adoption organ transplants servitude surrogate pregnancies, armed conflicts, forced marriages, forced land tenure… Prostitution, Pimping Financial Gain Financial Gain Can be exploitationCan be exploitation PURPOSE

25. Thank you for your kind attention! 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. E-mail: tjardan@iom.int IOM International Organization for Migration