1. DEFINING THE CONCEPT OF TRAFFICKING IN PERSONS
E4J University Module Series on Trafficking in Persons & Smuggling of Migrants Module 6
DEFINING THE CONCEPT OF
TRAFFICKING IN PERSONS

2. LEARNING OBJECTIVES
 Upon completion of this module, students should be able to:
Understand the crime of trafficking in persons.
Understand the international legal framework, in particular the Protocol against Trafficking in Persons.
Assess the Protocol’s definition of trafficking in persons and elements of the crime.
Understand the issue of victim consent, the purposes of exploitation, the meaning of abuse of a position of vulnerability and identify indicators of trafficking in persons.
Distinguish the similarities and differences between trafficking in persons and other crimes.
Recognize common misconceptions regarding trafficking in persons.

3. Key components of the Module
Ice-breaker exercise on the characteristics of smuggling of migrants
The crime of trafficking in persons
The international legal framework: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
The issue of consent
The purpose of exploitation
The abuse of a position of vulnerability
Indicators of trafficking in persons
The distinction between trafficking in persons and other crimes
Misconceptions regarding trafficking in persons
Exercises

4. The crime of trafficking in persons Elements of the offence
Trafficking in persons consists of…
An act, such as…
Recruitment
Transportation
Transfer
Harbouring
Receipt
Committed by means of…
Threat
Use of force
Coercion
Abduction
Fraud
Deception
Abuse of power
For the purpose of exploitation, including…
The exploitation of the prostitution of others
Other forms of sexual exploitation
Slavery or practices similar to slavery
Removal of organs

5. The crime of trafficking in persons Trends and dynamics
Source: 2018 UNODC Global Report on Trafficking in Persons

6. The crime of trafficking in persons Trends and dynamics
Source: 2018 UNODC Global Report on Trafficking in Persons
Source: 2016 UNODC Global Report on Trafficking in Persons

7. The international legal framework against trafficking in persons
United Nations Convention against Transnational Organized Crime (UNTOC)
In particular, arts. 6-10, 12-14, 16, 18, 24 and 27
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons
Other international legal instruments relevant to trafficking in persons
Regional legal instruments on trafficking in persons
International principles and guidelines on trafficking in persons

8. The issue of consent Consent in the Protocol
Article 3(b) of the Protocol against Trafficking in Persons states that the “consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used”.
Consent when the victim is an adult
Irrelevant if the ‘means’ were used.
Consent when the victim is a child
Irrelevant regardless if the ‘means’ were used.
Intention to obtain a financial or other material benefit (FOMB) is a component of all offences covered by the Protocol. Yet, many States Parties to the UNTOC and the Protocol against SOM do not include the FOMB in their domestic offences, or include it as an aggravated circumstances. The reason often cited is that the conception of the FOMB as a constituent element would increase the burden of prosecution. However, it should be recalled that the focus of UNTOC and the SOM Protocol mainly target organized criminal groups, which are engaging in migrant smuggling because of the high profits that can be earned from it. By not including the FOMB element in the definition of the crime, authorities may loose sight of the type of conduct that constitutes a real threat to national security.
Here, the lecturer may wish to ask the students to express their views on whether ‘financial or other material benefit’ should indeed be a constituent element of smuggling offences or if, on the contrary, it would create unnecessary obstacles to investigations and prosecutions.

9. The purpose of exploitation
Forms of exploitation
Article 3(a) of the Protocol against Trafficking in Persons (non-exhaustive list)
Exploitation of the prostitution of others or other forms of sexual exploitation
Forced labour and services
Slavery or practices similar to slavery
Servitude
Removal of organs
Other forms of exploitation
E.g.
The purpose of exploitation
The lecturer may wish to give examples of other aggravated circumstances established by States Parties, such as:
Committing SOM-related offences as a member of an organized criminal group as part of the activities of such group. As mentioned in slide 4, while UNTOC and the SOM Protocol focus on organized crime, membership of an organized criminal group is not a constituent element of the SOM-related offences. Often, it constitutes an aggravating circumstances or a separate offence; and/or
Committing SOM-related offences in the exercise, or taking advantage, of one’s public function or position of authority (abuse of public functions or position of authority); and/or
Other examples.
Other forms of exploitation may include:
Pornography
Forced begging
Forced enlistment/conscription and recruitment of individuals in armed conflict-related activities
Forced criminality
Etc.

10. The abuse of a position of vulnerability
Vulnerable persons are those who, due to reason of age, gender, physical or mental state, or due to social, economic, ethics or cultural circumstances find it especially difficult to fully exercise their rights before the justice system recognized by law.
UNODC, Abuse of a position of vulnerability and other “means” within the definition of trafficking in persons (2013)
Abuse of a position of vulnerability takes place when:
an individual’s personal, situational or circumstantial vulnerability is intentionally used by another person, or otherwise taken advantage of, to recruit, transport, transfer, harbour or receive that individual for the purpose of exploiting him or her;
such that the individual believes that submitting to the will of the abuser is the only real or acceptable option available; and
that belief is reasonable in the circumstances.
UNODC, Guidance Note on ‘abuse of a position of vulnerability’ as a means of trafficking in persons in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 2012
The SOM Protocol stipulates that attempted SOM-related offences must be punished. The Protocol does not require to distinguish between the severity of the sentence imposed for attempted or completed offences, as long as the elements of the SOM-related offences are present.
Vulnerability ≠ Abuse position vulnerability (as a mean to the TIP offence)

11. Indicators of trafficking in persons
Sets of indicators have been used by States in the identification of potential trafficking cases;
They can be useful tools for training different actors, including police officers, immigration and customs officials, medical professionals and non-governmental organizations.
They may be relevant to specific aspects of the potential trafficking situation, such as the means used by the trafficker, or to a certain form of exploitation.

12. Distinction between trafficking in persons and other crimes
TIP ≠ Smuggling of migrants
TIP ≠ Prostitution
TIP ≠ Slavery

13. Exercises

14. Education for
Justice

15. More information @DohaDeclaration e4j@unodc.org
unodc.org/dohadeclaration
unodc.org/e4J