human trafficking today's slavery hidden in plain sight

Human Trafficking – Today’s Slavery.‘Hidden in Plain Sight’

Nick Kinsella QPM, LLB

Independent Specialist on Combating Human Trafficking

CSI Jamaica – 26th October 2011

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Programme for Today

Understanding the global context

A snapshot of International activity to combat human trafficking UN – EU

Understanding the scale and scope – An example - UK data collection

Key Messages for today

• Trafficking can be happening where you are

• Its happening here – its a local crime, not just an international one

• You don’t have to be foreign to be trafficked

• Trafficking is more than sexual exploitation

• We all have a role to play to prevent it – Learn the signs


Trafficking v Smuggling

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It is important to understand the difference between persons who are smuggled and those who are trafficked; in some cases the distinction between a smuggled and trafficked person will be blurred and both definitions could easily be applied.

Trafficking v Smuggling • Commodity v Consumer• Non-consensual v Consent/contract• No Freedom v Freedom of movement• No control v Control• Legal/illegal v illegal• National/transnational v Transnational• Money = exploitation v Money = smuggling


Source – UNODC.org 7

The Universal Declaration of Human Rights

Adopted by the General Assembly of the United Nations December 10th 1948

• Article 1 – All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

• Article 2 – Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status....

• Article 4 – No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all its forms.


Fundamentals of the Global approach

Victim Centred

Human Rights Based

Multi Agency

4 ‘P’s Protection Prevention Prosecution Partnerships

International and local Cross sector


UNITED NATIONS CONVENTION AGAINSTTRANSNATIONAL ORGANIZED CRIME

AND THE PROTOCOLS THERETO

If crime crosses borders, so must law enforcement.

If the rule of law is undermined not only in one country, but in many, then those who defend it cannot limit themselves to purely national means.

If the enemies of progress and human rights seek to exploit the openness and opportunities of globalization for their purposes, then we must exploit those very same factors to defend human rights and defeat the forces of crime, corruption and trafficking in human beings.


‘I believe the trafficking of persons, particularly women and children, forforced and exploitative labour, including for sexual exploitation, is one of themost egregious violations of human rights that the United Nations now confronts.

It is widespread and growing. It is rooted in social and economic conditionsin the countries from which the victims come, facilitated by practices thatdiscriminate against women and driven by cruel indifference to human suffering on the part of those who exploit the services that the victims are forced to provide.

The fate of these most vulnerable people in our world is an affront tohuman dignity and a challenge to every State, every people and every community’.

Kofi A. AnnanSecretary-GeneralUNITED NATIONSNew York, 2004

12

People as Commodities


Scope of the problem globally –

ILO – 2.4 million in forced labour globally

According to UNODC – based on national statistics – 22,000 victims were detected globally in 2006

The United nations estimates the total market value of illicit human trafficking at 32 billion US dollars, (ILO 2005)

UNODC 2010 – THB in Europe for sexual exploitation is one of the most lucrative criminal businesses where criminals are making around 2.5 billion per year.

UNODC 2010 – At any one time, over 140,000 victims are trapped in trafficking situations across Europe – no sign of overall number of victims decreasing – up to 70,000 additional victims exploited each year.


Trends reported in UNODC Global Report on Trafficking in Persons (2006 and 2009)

Victims from at least 127 countries have been found to be exploited in 137 states

Women are disproportionately involved as victims, (2/3 of the reported victims)

The majority of traffickers are male

The number of convictions for human trafficking is rising, but most convictions are in a handful of countries. Most countries conviction rates rarely exceed 1.5 per 100,000, (below the level normally recorded for rare crimes like kidnapping in Western Europe)

2 out of every 5 countries covered by UNODC report - no conviction


The facts

Women and girls account for about 80% of the detected victims. Child trafficking accounts for about 15-20% of the victims.

Child trafficking has been detected in all regions of the world, and in some countries is the major form of trafficking detected. (UNODC, 2009)

Sexual exploitation accounts for about 80% of the detected cases. Experts believe trafficking in persons for forced labour is greatly under-detected or that it is mostly prosecuted under other offences. (UNODC, 2009)


The Facts (2)

In 30% of the countries where the gender of the offender was known, more women were convicted for human trafficking related offences than men. (UNODC, 2009)

The data on detected cases show that intra-regional trafficking in persons (within a region) was predominant in most countries and that trans-regional (across regions), though still significant, was relatively less frequent. (UNODC, 2008)

Domestic trafficking was detected in at least 32 countries among those where information was available, and in some countries, it is a major issue. (UNODC, 2008)


http://thecnnfreedomproject.blogs.cnn.com/2011/07/29/a-profitable-enterprise/


EU Strategy

EU Action Plan Lisbon Treaty Stockholm Programme Action Plan Implementing Stockholm AOP Strengthening The EU External Dimension European Parliament Resolution on THB Framework Directive on THB EU Anti-Trafficking coordinator


DIRECTIVE 2011/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 April 2011

Common definition of the crime, as well as aggravating circumstances, higher penalties and the principle of non-punishment of the victims for unlawful activities

Possibility to prosecute EU nationals for crimes committed in other countries and to use investigative tools typical for fighting organised crime such as phone tapping and

tracing proceeds of crime

Specific treatment of particularly vulnerable victims aimed at preventing secondary victimisation (no visual contact with the defendant), no questioning on private life, no unnecessary repetition of the testimony, etc). It also provides for police protection of victims, and legal counselling to enable victims to

claim compensation



DIRECTIVE 2011/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 April 2011 Victims' support

includes national mechanisms for early identification and assistance to victims, based on cooperation between law enforcement and civil society organisations, providing victims with shelters, medical and psychological assistance, information and interpretation services

Prevention aspects cover measures discouraging the demand that fosters trafficking as well as awareness

raising and trainings aimed at the officials likely to come into contact with victims, and potential victims to warn them about the risks of falling prey to traffickers

Monitoring of the implementation of the measures should be ensured by National Rapporteurs or equivalent mechanisms. These independent bodies should have further tasks including giving advice and addressing

recommendations to governments




The UK Example


A Myth

Slavery was abolished in Britain in 1807

(or 1833, or 1834).

The Truth

Holding a person in slavery became illegal in the UK on 6th April 2010.

(Section 71 of the Coroners and Justice Act 2009 makes it an offence in the UK to hold a person in slavery or servitude, or require a person to perform forced or compulsory labour.

The maximum penalties are seven and 14 years imprisonment respectively).


Scope of the problem

A need to enhance the UK response to all aspects of Human Trafficking including:

Sexual Exploitation Forced Labour Domestic Servitude Internal Domestic Trafficking Illegal Organ Harvesting Other?

Into / within / out of the UK


Hidden in plain sight

• Home grown

• Fruit and Vegetables

• Ice cream


UK Prosecutions 2010 - 2011

116 Prosecutions –

96 Sexual Exploitation 20 Labour Exploitation

Previous Figures

Charged offences reaching a first hearing in Magistrates Court for sexual exploitation [S57, 58, 59]

From 2004 to 30/06/10: There have been 364

Charged offences reaching first hearing in Magistrates Court for labour exploitation [section 4]

From 2004 to 30/06/10: There have been 37


Understanding the Scale and Scope – Data Collection.

The National Referral mechanism and project Acumen


Referrals by Nationality 1st April 2009 – 31st March 2011

1481 Nationals from 88 countries represented. 10 nationalities account for 954 (64%) of all referrals

Largest source countries of referrals Nigeria – 262 China – 167 Vietnam – 145 Romania - 77 Czech Republic - 68 Slovakia – 59 United Kingdom – 52 Uganda – 50 India - 40 Albania –34

Source - ukhtc.co.uk

Project Acumen (2010) – (UK Sexual Exploitation)

• 2600 are trafficked. These are highly vulnerable people. Although most are not subject to violence themselves, many are debt-bonded and strictly controlled through threats of violence to family members. 1300 of these women are from China, and most of the rest are from South East Asia (primarily Thailand) and Eastern Europe.

• 9200 are considered to be vulnerable. Although they have elements of vulnerability to trafficking, most are likely to fall short of the trafficking threshold. There may be cultural or financial factors which prevent them from exiting prostitution (or seeking help to do so) but they tend to have day to day control over their activities, and although they may have large debts they generally do not consider themselves to be debt--‐bonded. The majority of women in this category are from Eastern Europe (4100), followed by those from China and South East Asia (3700). The remaining women are from South America and Africa.

• 5500 do not meet the ‘trafficked’ or ‘vulnerable’ thresholds. These women were aware before leaving their home country that they would likely become involved in prostitution, live and work largely independently of third party influence, keep a significant proportion of the money they earn and are not subject to debt--‐bondage or threats of violence. 85 per cent of migrants in this category are from Eastern Europe, and there are relatively few barriers preventing them from existing prostitution and returning to their countries of origin.

*Foreign nationals only

Source – ACPO website

PROGRESS?

Nationally and Internationally – Progress has been made in countering human trafficking

Much more to do!

In 2011 – are we still turning the stone?

How do we measure success?

Progress on tackling Human Trafficking in the UK

Nature and extent of trafficking

Prosecuting traffickers

Detecting and investigating traffickers

Reduction in demand for trafficking

Services for trafficking victims

Labour trafficking

But the truth remains that…………………..


Human Trafficking -

Isn’t yet History; it’s still news.



How many more in 2011?

Where are we now -

Tip of the iceberg or

accurate picture?


Contact Details

[email protected]

Telephone: +44 (0) 77871 93062

mailto:[email protected]

human trafficking today's slavery hidden in plain sight

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