An Introduction to Human Trafficking - United Nations Office on ...

AN INTRODUCTION TO HUMAN TRAFFICKING: VULNERABILITY, IMPACT AND ACTION
III.
Prosecution and law enforcement activities
Expertise about techniques <strong>to</strong> detect traffickers, identify and care for their victims and
prosecute traffickers successfully has increased significantly since 2000. Reports of the
arrest and conviction of traffickers are frequent. Nevertheless, trafficking in persons is still
reported <strong>to</strong> be one of the most profitable sec<strong>to</strong>rs of organized transnational crime, suggesting
that numerous traffickers go undetected or unpunished. Comparing the number
of prosecutions with the number of identified victims shows major gaps. It is often said
that the number of identified victims represents the tip of the iceberg and that large numbers
of trafficked persons pass unnoticed under the noses of law enforcement officials.
In the worst cases they are identified as criminals rather than as victims of crime.
Confusion among both civil servants and law enforcement officials about the difference
between trafficking in persons and smuggling of migrants or other immigration-related
offences has marred the progress of law enforcement initiatives in many countries.
Considerable funds have been invested in training at both international and national levels.
One challenge is that it is not sufficient for one part of the criminal justice system
(for example, the personnel in an anti-trafficking police unit) <strong>to</strong> understand the distinction
if other parts, such as frontline police, prosecu<strong>to</strong>rs or court personnel organizing
trials (where in-court protection measures are often required <strong>to</strong> protect the identity of victimwitnesses),
have not. A specific obstacle still <strong>to</strong> be overcome is that some training
courses present simplistic examples <strong>to</strong> show the differences between trafficking and smuggling
of migrants that are not representative of the complications encountered at the operational
level, when victims may be unwilling <strong>to</strong> talk <strong>to</strong> law enforcement officials about
their experiences for weeks or even months.
There have been efforts <strong>to</strong> develop minimum standards concerning the response of criminal
justice systems <strong>to</strong> trafficking cases. In 2006, ASEAN issued a checklist for its member
countries identifying eight key elements of an effective criminal justice response <strong>to</strong>
trafficking, 18 which are, in principle, equally applicable <strong>to</strong> other parts of the world. They
emphasize that, because of the complexity of the crime, it is usually appropriate <strong>to</strong> form
a specialist anti-trafficking investigation unit and that it is important <strong>to</strong> have effective systems
in place <strong>to</strong> ensure that the criminal justice agencies in one country can cooperate
with counterpart agencies in other countries. They also emphasize that, if the criminal justice
system is <strong>to</strong> function effectively, it is important <strong>to</strong> identify victims of trafficking quickly
and accurately, <strong>to</strong> protect them from harm and meet their immediate needs. The checklist
moved the focus off the number of successful prosecutions as the prime indica<strong>to</strong>r of success
in combating trafficking, as this could encourage a lack of due process and the targeting
of small-scale traffickers rather than major criminals.
18
Association of Southeast Asian <strong>Nations</strong>, ASEAN Responses <strong>to</strong> <strong>Trafficking</strong> … , p. 85.
110