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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 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


• 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

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.

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• 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

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• 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.

Source – UNODC.org 7

 Victim Centred

 Human Rights Based

 Multi Agency

 4 ‘P’s
 Protection
 Prevention
 Prosecution
 Partnerships
 International and local
 Cross sector


UNITED NATIONS CONVENTION AGAINST
TRANSNATIONAL 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, for
forced and exploitative labour, including for sexual exploitation, is one of the
most egregious violations of human rights that the United Nations now
confronts.

It is widespread and growing. It is rooted in social and economic conditions
in the countries from which the victims come, facilitated by practices that
discriminate 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 to
human dignity and a challenge to every State, every people and every
community’.

Kofi A. Annan
Secretary-General
UNITED NATIONS
New York, 2004

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)


 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


 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


 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


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).


 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


• Home grown

• Fruit and Vegetables

• Ice cream


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


The National Referral mechanism and project Acumen


 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

• 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

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?

 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.


Where are we now -
Tip of the iceberg or
accurate picture?


nickkinsella@rka.org.uk

Telephone: +44 (0) 77871 93062


Human Trafficking Today's Slavery Hidden In Plain Sight

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