Essentials Of Migration Management

Essentials of Migration ManagementTrafficking in Persons1

Content What is TRAFFICKING? SMUGGLING versus TRAFFICKING POLICY RESPONSES to trafficking2Essentials of Migration Management

What is Trafficking?3

Introduction Trafficking in persons is an underreported crime. Trafficking should be seen as a process, starting with therecruitment and ending with the exploitation of the victim’s work Trafficking is a form of irregular migration that entails theviolation of the rights of the migrant IOM estimates that up to 2 million men, women and children aretrafficked yearly across borders.4Essentials of Migration Management

Definition of TraffickingThe UN Protocol to Prevent, Suppress and PunishTrafficking in Persons:“Trafficking in Persons” shall mean the recruitment,transportation, transfer, harbouring or receipt of persons, bymeans of the threat or use of force or other forms of coercion, ofabduction, of fraud, of deception, of the abuse of power or of aposition of vulnerability or of the giving or receiving of paymentsor benefits to achieve the consent of a person having controlover another person for the purpose of exploitation.Exploitation shall include, at a minimum, the exploitation of theprostitution of others or other forms of sexual exploitation, forcedlabour or services, slavery or practices similar to slavery,servitude or the removal of organs.(The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UnitedNations Convention Against Transnational Organized Crime, )5Essentials of Migration Management

Definition of TraffickingTrafficking of persons shall mean:“the recruitment, transportation, transfer, harbouring orreceipt of persons, by means of threat, use offorce or other means of coercion, of abduction, offraud, of deception, of the abuse of power or of aposition of vulnerability or of the receiving or givingof payment to a person having control overanother person, for the purpose of exploitation.”6Essentials of Migration Management

Definition of TraffickingThe UN Protocol Against Trafficking: Definition and standardised terminology Requirement for States to criminalise trafficking Protection & assistance for trafficked person in countries of origin, transit anddestination Control measures: borders, travel documents, etc Training, research, information measures Prevention activities7Essentials of Migration Management

Definition of TraffickingChildren:The recruitment, transportation, transfer,harbouring or receipt of a child for the purpose ofexploitation shall be considered ”trafficking inpersons” even if this does not involve any of themeans set forth in the definition of trafficking inpersons.8Essentials of Migration Management

Definition of TraffickingWhat is the iptWhat are the means?Deceit and/orfraudThreat of Forceor Use of ForceAbduction orabuse of powerWhat are the ionRemovalof OrgansServitude9Essentials of Migration Management

The Causes of traffickingCountries of Origin: The most common causes are poverty, unemployment, and lack ofopportunities. Political and humanitarian crises displace populations and expose the mostvulnerable, usually women and children, to the designs of traffickers andcriminal groups. In many less developed regions of the world, children are entrusted to moreaffluent friends or acquaintances with the intention to improve their livesand relieve their families of economic burden. This practice often sends thesechildren into the trafficking market for slavery.10Essentials of Migration Management

The Causes of traffickingCountries of Destination: Organized crime Demand for cheap and low-skilled labour Demand for sex services Restrictive immigration policies and laws Porous borders and/or limited border control New technologies and networks such as internet11Essentials of Migration Management

Incentives for Traffickers Few risks for traffickers- absence of legislation- lack of strong enforcement measures- corruption Few traffickers are punished while many victims are. Huge financial profits compared with the low investment- victims can be re-sold several times12Essentials of Migration Management

Trafficking mechanisms The first element of the mechanism is the recruitment of thevictim by traffickers or intermediaries. Recruitment can have different forms, the most violent beingthe kidnapping of the victim in a situation of extremevulnerability. Other forms of recruitment occur through falseemployment offers. Often the trafficker is already known to the victim.(Continued)13Essentials of Migration Management

Trafficking mechanisms Physical and psychological coercion are used to convince the victimto comply through out the trafficking process. The players in the trafficking process have diverse, but important,roles to play. These players may also be active in other international organizedcriminal activities.14Essentials of Migration Management

Trafficking and Irregular MigrationTrafficking is a form of irregularmigration that entails the violation ofthe rights of the migrant15Essentials of Migration Management

SmugglingversusTrafficking16

Definition of SmugglingThe UN Protocol Against the Smuggling ofMigrants:“Smuggling of Migrants” shall mean the procurement, inorder to obtain, directly or indirectly, a financial or othermaterial benefit, of the illegal entry of a person into a StateParty of which the person is not a national or a permanentresident;“Illegal entry” shall meancrossing borders withoutcomplying with the necessary requirements for legal entryinto the receiving State.17Essentials of Migration Management

Definition of SmugglingEssential Elements:Activity:Transportation and transfer of personsMeans:No element of force, deception, or abuseof power. In most cases, the intendingmigrant contacts the smuggler to requesthelp to cross the border into anothercountry illegally.Purpose:Financial profit from the illegal bordercrossing18Essentials of Migration Management

Difference betweenTrafficking and SmugglingConsentThe smuggling of migrants, while often undertaken indangerous or degrading conditions, involves migrantswho have consented to being smuggledwhereasTrafficking victims have either never consented or, ifthey initially consented, that consent has been renderedmeaningless by the coercive, deceptive, or abusiveactions of the traffickers19Essentials of Migration Management

Difference betweenTrafficking and SmugglingExploitationSmuggling ends with the arrival of the migrants attheir destination,whereasTrafficking involves the ongoing exploitation of thevictims in some manner to generate illicit profits forthe traffickers.20Essentials of Migration Management

Difference betweenTrafficking and SmugglingTransnationalitySmuggling is always transnationalwhereasTrafficking can occur regardless ofwhether victims are taken to anothercountry or only moved from one place toanother within the same country.21Essentials of Migration Management

Difference and Similarities betweenTrafficking and Smuggling22Essentials of Migration Management

Difference betweenTrafficking and Smuggling Trafficking involves force, deception,abuse, exploitation A Crime against the Individual Smuggling is a “fee for services” illegalbusiness transaction.A Crime against the State23Essentials of Migration Management

Policy Responses24

Current Policy Problems No systematic collection of data on trafficking in national/globallevel. Legislation to address trafficking is often lacking, inadequate, ornot implemented, making the prosecution of traffickers very difficultand often impossible. The corruption of governmental officials to facilitate trafficking isa serious threat to the functioning of the State in affected countries. Trafficking convictions are often based on witness and/or victimtestimony. Such testimony is hard to obtain, as trafficking victimsare either deported as illegal migrants or, if identified as traffickedpersons, are often too frightened to testify.25Essentials of Migration Management

The Response of theInternational Community Apart from the UN Convention Against TransnationalOrganized Crime, including the Protocol against Trafficking,each country has responded differently to the crime oftrafficking. Several regional processes dealing with migration, such asthe Puebla Process in the Americas and the Bali Processin Asia have included trafficking as one of the main topic fordiscussion and regional coordinated actions.26Essentials of Migration Management

Need for Policy Response Protection and assistance to the victims should takeprecedence in any policy planning and programmedevelopment. Respect for the human dignity and well-being of migrantsshould be reflected in all national legislation, activities,projects, and programmes. A gender analysis is necessary in order to understand thecauses and the consequences of trafficking in persons. Need for vigorous partnerships to facilitate collaborativework on policy, legislation and operational measures.(Continued)27Essentials of Migration Management

Need for Policy Response Health challenges faced by the traffickedpersons - the periods before, during and after thetrafficking experiences. Concerted efforts by relevant entities at the local,national, regional, and international levels. Information campaigns in countries of origin canbe conducted to inform potential victims of thedangers of trafficking and irregular migration.28Essentials of Migration Management

IOM’s Approach to CombatingTraffickingVictim-centred and Rights-basedConcern for the victim lies at the centre ofall IOM’s activities.29Essentials of Migration Management

The Three PsPREVENTIONPROTECTIONPROSECUTIONRoot ;EmpoweringVictims;Investigation;Sound MigrationPoliciesHuman RightsBasedInternational Cooperation30Essentials of Migration Management

IOM ActivitiesPreventiont Research/data collectiont Awareness-raisingProtectionttttShelter and accommodationMedical assistanceLegal counselingVoluntary Return and ReintegrationProsecutiont Law Enforcement Trainingt Legislation and Operational Procedures31Essentials of Migration Management

Principles of Assistance¾Respect for human rights, dignity and well-being¾Informed consent of the trafficked individual¾Voluntary participation in any and all programmes¾Full respect of privacy and need for confidentiality¾Self-determination and participation¾Non-discrimination¾Individualized treatment and care (including minors)¾Safety, Security and Comfort¾Continuing and comprehensive care¾ DO NO HARM32Essentials of Migration Management

Co-ordination StructuresGovernmentNGOs and Civil SocietyInternational OrganisationsRegionally and Internationally between States33Essentials of Migration Management

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.But Primarily THE ROOT CAUSES MUST BEADDRESSED poverty lack of employment and opportunities lack of education lack of equality and discrimination violence demand35Essentials of Migration Management

Essentials of Migration Management 10 The Causes of trafficking Countries of Origin: The most common causes are poverty, unemployment, and lack of opportunities. Political and humanitarian crises displace populations and expose the most vulnerable, usually women and children, to the designs of traffickers and criminal groups.