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Training Modules

For Fighting Against Trafficking of Human Beings. Training Modules. UNDP c/o Romania. By: Mihai Toader – Project Manager. Objectives of the Training. Develop the ability of specialist counter-trafficking investigators to detect and adequately deal with trafficking cases

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Training Modules

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  1. For Fighting Against Trafficking of Human Beings Training Modules UNDP c/o Romania By: Mihai Toader – Project Manager

  2. Objectives of the Training • Develop the ability of specialist counter-trafficking investigators to detect and adequately deal with trafficking cases • Increase awareness, knowledge & understanding of trafficking as a grave abuse of the fundamental human rights of acutely vulnerable individuals • Foster national and regional co-operation • Promote the creation of sustainable counter-trafficking training for specialist investigators. Explanatory Slide 1

  3. Training Modules 1 – Critical Concepts 2 – Investigative Principles 3 – Intelligence Gathering & Exchange 4 – International Co-operation 5– The Victim as a Witness 6 – Child Victims and Witnesses Explanatory Slide 2

  4. 1.1. The Human Risks - The True Cost • Murder • Rape • Serious assault and kidnap • Unlawful detention • Psychological abuse • Enslavement Slide 1.1(1).

  5. 1.2. The Strategic Risks • Potential State social costs of victim recovery • De-stabilisation of existing sex and labour markets • Growth and diversification of organised crime • Economic de-stabilisation through money laundering • Demographic de-stabilisation • Growth of public sector corruption • Political corruption and influence • De-stabilisation of inward economic investment Slide 1.2.(1).

  6. 1.3. Law Enforcement Critical Concepts • Victims are likely to unavailable either as complainants or witnesses • It may never be possible to successfully investigate the key players in the network • Focus on the victim and the crime Slide 1.3(1)

  7. ORIGIN COUNTRIES - SUPPLY - CRIMINAL NETWORKS IRREGULAR THB MIGRATION BORDER OF DESTINATION COUNTRIES - - DEMAND ON GOING COERCIVE EXPLOITATION WITHIN THE DEMAND CYCLE 1.4. Trafficking Methodology • Who are the traffickers? • Who are the victims? • What are the crimes? Slide 1.4.(1)

  8. 1.4. Trafficking Methodology - Recruitment Stage • Identification of vulnerable targets • Exploitation of the ‘push and pull factors • Kidnap • Adverts - agencies – personal contact networks • Full deception or partial deception • Explicit or implicit explanation • Role of debt bondage • Changing trends Slide 1.4.(2)

  9. 1.4. Trafficking Methodology - Transportation Stage • Means of transport – overt or covert • Maybe none or multiple transit stages • Routes • Internal transit – receipt and harbouring • Absence or removal of documentation • Likelihood of serious abuse during the transit phase • Critical importance of identifying victims in transit • Critical importance of identifying the transit phases Slide 1.4.(3)

  10. 1.4. The Exploitation Stage - Control Mechanisms • Types of exploitation • Working conditions • Control mechanisms • Immediate physical and sexual violence • Seizure and retention of documents • Supervision – Isolation - Exposure • Threats of reprisals to family and loved ones • Overall impact – psychological imprisonment and torture Slide 1.4.(4))

  11. 1.5. Legislative Overview • UN Palermo Convention • Article 3 provisions • UN Convention on the Rights of the Child • Articles 1 and 2 provisions • UNHCHR Principles & Guidelines • National regional diversity - role of compendium • Related crimes Slide 1.5(1).

  12. 1.5 Legislative Overview - Palermo Protocol • What are the key features of Article 3? • Activity – means - exploitation • It includes all forms of exploitation • Gender neutral • It does not mention borders • Distinguishes between adults and children • Requires some form of distortion of adult free will – the consent issue Slide 1.5.(2)

  13. 1.5. Problems with the Palermo Protocol • Does not define ‘prostitution’ • Does not define ‘sexual exploitation’ • Lack of clarity around ‘forced labour or services’ • The issue of consent – where should the focus of counter-trafficking be placed • Relationship to the available evidence Slide 5.1(3)

  14. 2.1. Investigative Principles • Reflect the geographic structure of origin – transit – destination • Reflect the five structural components – advertising; rentals; transportation; communications; financial transactions • Investigative priority – rescue of victims; identification and conviction of traffickers; confiscation of their criminal assets Slide 2.1(1).

  15. 2.2. The Reactive Victim-led Option • Unequivocal humanitarian and legal duties • Genuine victims of serious crime • No re-victimisation or criminalisation • Safety of victim and family is paramount duty • Continuous risk assessment • Openness and honesty • Victim information and access Slide 2.2(1)

  16. 2.3. Pro-Active Investigative Option • What is it and why use it? • Combination of intelligence, surveillance and specialist techniques • ‘Achilles Heel’ of the trafficker • Intelligence led • Investigative Focus • Parallel financial investigation • Dual benefits Slide 2.3(1)

  17. 2.4. Disruptive or Dissuasive Option • When should be it applied? • Limitations of the option • No sustainable solution • Displacement outcome • Multi-agency innovation • Overall objective Slide 2.4(1)

  18. 6.1. The Victim • Potential asset value • Challenge – create the trust and conditions • Requires a fresh approach • Give the victims the power and time • Humanitarian response • Sound best practice • Avoids worst case scenario Slide 6.1(1)

  19. 6.2. Initial Victim Response Types • Self rescue • Rescued during un-related raid etc • Rescued during counter-trafficking investigations • Third party reporting • IGO-NGO reporting • Three possible responses • Common immediate needs • Duty of the investigator Slide 6.2(1)

  20. 6.3. Trafficked Victim or Offender? • Highly controversial issue for police • International standards – no criminalisation or re-victimisation • UNHCHR – Principles: • ‘Trafficked persons shall not be detained, charged or prosecuted for the illegality of the entry or involvement in unlawful activities to the extent that such involvement is a direct consequence of the situation as trafficked persons’ Slide 6.3(1)

  21. 6.3. Trafficked Victim or Offender Cont. • Key issue – proper and rapid identification of trafficked victims • Duty to enforce the law – impact on asset • IGO-NGO cases and direct contacts • Solution lies in the timing of determination • Accept claim at ‘face value’ – if true – humane action; if false – prosecute later • Possible ‘duress’ defence • Determined based on indicators – may face silence Slide 6.3(2)

  22. 6.4. Risk Assessment Process Principles – Categories - Levels • Clear humanitarian duty • Clear legal duty of care • Applicable to existing, outstanding and potential victims • Immediate - continuous • Assess the existing risk • Assess additional risk created by the police reaction • Can only be based upon available intelligence Slide 6.4(1)

  23. 6.5. Six Critical Questions • Level of risk to current victim? • Level of risk to outstanding victim? • Level of risk to potential victims? • Does the risk demand immediate intervention? • If not – is pro-active option viable? • If not – is disruptive option viable? Slide 6.5(1)

  24. 6.5.The Non-Co-operating Victim • Deportation risks • Re-integration risks • Capacity and availability of IGO-NGO sector • Prosecution or deportation risks • Social cultural or religious factors • Short term residency status • Repatriation support measures Slide 6.5(1)

  25. 6.6. Limited Co-operation Victim Additional Risks • Sensitivity of the intelligence • Risks associated with police reaction to it • Victim and family or loved ones • Can the risk factors be managed? • Legal disclosure risks and protection • Consider whether the intelligence should either be recorded or responded to at all • Security of intelligence handling Slide 6.6(1)

  26. 6.7.The Co-operating Victim Additional Risks • Most serious risk category of all • Lost asset to positive threat to liberty • Is the evidence essential – are there alternatives • Victim assessment as witness • Not automatic co-operation - risk assessment still necessary • Options – silence – intelligence – evidence • Third party assessment Slide 6.7(1)

  27. 8.1. Special Needs of Child Victims • Current reality and future challenges • International standards • Palermo Convention • UN Convention on Rights of a Child • UNHCHR Principles and Guidelines • Acute vulnerability – special needs • Interests of the child remains paramount • Child rights – information – special measures to protect them within the criminal justice system Slide 8.1(1).

  28. 8.1. Child Victims Continued • Impact upon law enforcement response • Best practice becomes legal requirement • Immediate health and welfare needs • Impact upon risk assessment – child and family • Increase in sensitivity over whether to allow a child to co-operate • Medical examination and psychological assessment – paediatric examination • Interview techniques – suggestibility • Testimony conditions Slide 8.1(2).

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