Session 1 What is Trafficking in Persons?

1. Session 1What is Trafficking in Persons?

2. Facts and figures • Broad estimates of annual cross-border trafficking incidents as high as 4 million with half of them originating in South and South East Asia. • UNICEF reports1.2 million children trafficked every year for prostitution, forced marriage, domestic service, exploitative labor and begging. • 1999 Estimate: 20 million people are sold into debt bondage. The current estimate for Asia-Pacific is 9.5 million. • Debt bondage is a frequently used means to force labour in Asia, and forced labour is a common purpose of trafficking. • The precise numbers of internally trafficked are even more difficult to obtain

3. Sexxual exploitati on, 79% Force Labour, Other, 18% 3% More facts and figures Victim profiles in 61 countries 2006

4. Trafficking for forced labour is less easily detected than trafficking for sexual exploitation for three reasons: 1) Insufficient legislation covering the phenomenon. 2) The public bias towards trafficking dominantly viewed as directly connected to sexual exploitation. 3) Visibility bias: sexual exploitation is very visible, while victims of forced labour are often hidden from the public eye. More facts

5. Broad variations within the Asian continent: South-East Asia is world’s largest source as well as destination region for victims of sexual and labour exploitation. Trafficking in minors is more significant in some Mekong countries (Cambodia, Lao PDR, Thailand) and in the Philippines A Third of all trafficking in women and children is in South-East Asia One in three of those involved in prostitution in the GMS are between 12and 17 years of age Forced Labour accounted for almost 35% of all identified victims in East Asia, while in South Asia (some Indian states) labour exploitation was reported as the dominant purpose of trafficking In the asia context

6. The highest number of forced labourers is found in the Asia and Pacific region 77% of the total, followed by Latin America and the Caribbean(11%). Industrialised countries harbour an estimated 3% of all forced labour victims, three-quarters of whom have been trafficked Asian and pacific context

7. Is this trafficking?

8. The Crime of Trafficking in Persons 3 key elements: 3 phases: • Mobilization Recruitment, Transportation • Means… • Purpose… exploitation Art 3(a): “Trafficking in persons” shall mean: …the recruitment, transportation, transfer, harbouring or receipt of persons …bymeans 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 purposeof exploitation.”

9. How does trafficking work? 3 phases Trafficking in Persons Recruitment Exploitation Transportation

10. Partially deceptive: victims may be aware that they are to be employed in a given activity but do not know under what conditions Fully deceptive: victims are lured by promises of employment and financial gain and are fully deceived as to the true intentions of the traffickers Forcible: victims are forcibly taken How does trafficking work?Recruitment

11. Origin, transit and destination countries; Legally or illegally; Travel by land, air or sea; Often accompanied (documents retained); Travel to where the demand exists for their services and where the potential profit of their exploitation is the highest. How does trafficking work?Transportation

12. Sexual exploitation (streets, bars, brothels, massage parlors, saunas, call-girl, escort agencies) Forced labor (agriculture, fishery, construction, mines, sweatshops, catering) Domestic servitude Street begging or peddling Forced military service Organ removals How does trafficking work?Exploitation

13. Coercion and Control Mechanisms Debt bondage; Isolation (physical, or linguistic); Use of violence and fear; Use and threat of reprisal against victims’ families. How do traffickers control their victims?

14. Trafficked persons usually.. 1. Fear their traffickers 2. May not see themselves as victims 3. May suffer ‘‘Stockholm Syndrome’’ 4. May have PTSD & memory loss 5. May not trust police 6. May feel responsible for a family debt 7. May not speak local language/cultural differences 8. May be confused with migrant smuggling……

15. Personal Gain One of the most lucrative crimes in the world; Few risks for traffickers (lack of legislation, corruption, lack of law enforcement); Low cost of doing business; Victims can be repeatedly exploited or sold. Why are criminals in the trafficking “business”?

16. Human TraffickingvsPeople Smuggling

18. Essential Elements of the Trafficking Definition: Means: Threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or a position of vulnerability or giving or receiving of payments or benefits to achieve the consent of a person having control over another person Activity: Recruitment, transportation, transfer, harbouring, receipt of persons Purpose: Financial or in kind profit through exploitation Differences between trafficking and smuggling

19. Essential Elements of the Smuggling Definition Means:No element of distortion of the free will of the person, either by force, deception or abuse of power. In most smuggling cases, the intending irregular migrants seek and initiate the contact with smugglers themselves to realize their objective of crossing the border into a third country illegally Activity: Transportation and transfer of persons Purpose: Financial profit from the illegal border crossing Differences between trafficking and smuggling

20. Difference between Trafficking and Smuggling

21. Remember: Trafficking is a violation of human rights and coercion for exploitation Smuggling is an organized illegal border crossing Differences between trafficking and smuggling

22. Case Studies