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is extremely important. 352 Another important issue to consider is the extent to which existing immigration laws and policies contribute to traffi cking and its related abuses. Because of strict migration regimes in Western Europe and North America, for example, people seeking work or a better life increasingly turn to criminal networks and employment or marriage brokers to provide access to the West. Once in abusive situations, lack of papers and fear of arrest or deportation often prevent traffi cked people from leaving or seeking help. 353 A problem in hindering traffi cking and in paying appropriate attention to the human rights dimension is the interwoven relationship between criminal law and migration law. With regard to the interests of the victims, law enforcement and migration authorities are not in line with each other and often even contradict one another. Because of this relationship, these differences may frustrate the interests of the various authorities, which is not to the advantage of the victim. The negative effects of the interwoven relationship between criminal law and migration law can be divided into two categories. The fi rst is effects following the confl ict of interests of the authorities involved, and the second is the consequence of decisions taken in criminal proceedings for the application and granting 352 United Nations High Commissioner For Human Rights Principles and Guidelines on Human Rights and Traffi cking, E/2002/68/Add.1 (2002). Guideline 7: Preventing traffi cking: Strategies aimed at preventing traffi cking should take into account demand as a root cause. States and intergovernmental organizations should also take into account the factors that increase vulnerability to traffi cking, including inequality, poverty and all forms of discrimination and prejudice. Effective prevention strategies should be based on existing experience and accurate information. States, in partnership with intergovernmental and non-governmental organizations and where appropriate, using development cooperation policies and programmes, should consider: 1. Analysing the factors that generate demand for exploitative commercial sexual services and exploitative labour and taking strong legislative, policy and other measures to address these issues. 2. Developing programmes that offer livelihood options, including basic education, skills training and literacy, especially for women and other traditionally disadvantaged groups. 3. Improving children’s access to educational opportunities and increasing the level of school attendance, in particular by girl children. 4. Ensuring that potential migrants, especially women, are properly informed about the risks of migration (e.g. exploitation, debt bondage, and health and security issues including exposure to HIV/AIDS) as well as avenues available for legal, non-exploitative migration. 5. Developing information campaigns for the general public aimed at promoting awareness of the dangers associated with traffi cking. Such campaigns should be informed by an understanding of the complexities surrounding traffi cking and of the reasons why individuals may make potentially dangerous migration decisions. 6. Reviewing and modifying policies that may compel people to resort to irregular and vulnerable labour migration. This process should include examining the effect on women of repressive and/or discriminatory nationality, property, immigration, emigration and migrant labour laws. 7. Examining ways of increasing opportunities for legal, gainful and non-exploitative labour migration. The promotion of labour migration by the State should be dependent on the existence of regulatory and supervisory mechanisms to protect the rights of migrant workers. 8. Strengthening the capacity of law enforcement agencies to arrest and prosecute those involved in traffi cking as a preventive measure. This includes ensuring that law enforcement agencies comply with their legal obligations. 9. Adopting measures to reduce vulnerability by ensuring that appropriate legal documentation for birth, citizenship and marriage is provided and made available to all persons. 353 Traffi cking in Human Beings: implications for the OSCE. Organization for Security and Co-operation in Europe review conference, September 1999, ODIHR background paper 1999/3. 127
of a residence permit and the right to make use of assisting and protective measures. The effects of the lack of inter-agency cooperation are clearly felt in criminal proceedings when expulsions on the basis of migration law are executed without taking into account the position of the person who is expelled and without taking into consideration his or her relevance for criminal proceedings. Too often, governments respond to traffi cking as a migration problem rather than a human rights challenge, using traffi cking as a justifi cation for tighter border controls. The effect of an exclusive and narrow criminal law perspective in fi ghting traffi cking is that victims lose their residence permit and the right to make use of the assistance and protection mechanisms once the case is decided or dismissed, regardless of whether the victims are in need of this protection or not. 354 354 Rijken, C.; Koster, D.: A Human Rights Based Approach to Traffi cking in Human Beings in Theory and Practice, p. 11-12. 128
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United Nations Educational, Scienti
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UNESCO migration studies 3 Series e
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Human Rights Law 66 Development of
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Note on Author Kristina Touzenis ha
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countries with economies in transit
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nonetheless these instruments mark
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The legal aspect of traffi cking is
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enhanced knowledge of the phenomeno
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Broadly speaking, poverty, unemploy
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Considering the complexity of the p
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The perhaps most innovative report
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THE WAY FORWARD IN POSSIBLE RESEARC
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and considers the consent of the
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35 Organizing or directing others t
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TRAFFICKING AND SMUGGLING - AN IMPO
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often be diffi cult for law enforce
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group argued that ’traffi cking
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ecruitments agency’s responsibili
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workers to authorities if they refu
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The Travaux Préparatories, in para
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Forced labour Bonded labour and deb
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ILO Declaration on Fundamental Prin
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and servitude clarifi es that while
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sex industry is frequently illegal
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idea that traffi cking for forced p
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labour exploitation and services ar
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Criminal Law Traffi cking and smugg
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treatment. 131 In A v. United Kingd
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circumstances, including offences i
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supply and demand in the traffi cki
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from a traffi cking ordeal is compa
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Common criminal off ences Traffi ck
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The gravity of traffi cking is perh
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Human Rights Law It has widely been
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makes the obvious evident - the Pro
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Members of the Human Rights Caucus,
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3) examining the possibilities of g
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particular about their legal rights
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Page 79 and 80: Interaction with the TOC in witness
Page 81 and 82: and profi ts are hardly ever traced
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Page 85 and 86: occurs in the context of organized
Page 87 and 88: shall adopt appropriate legislative
Page 89 and 90: case is that the Court emphasised t
Page 91 and 92: OTHER RELEVANT HUMAN RIGHTS INSTRUM
Page 93 and 94: of the Child on the sale of childre
Page 95 and 96: PREVENTION - A HOLISTIC APPROACH Ad
Page 97 and 98: Studies have revealed how, througho
Page 99 and 100: Traffi cking in persons is - like a
Page 101 and 102: It thus results that any effective
Page 103 and 104: epresent confusion or disagreement.
Page 105 and 106: ealisation of the right to food. 28
Page 107 and 108: y state agents, (the duty on the St
Page 109 and 110: must also be sensitized to the para
Page 111 and 112: One of the three purposes of the Tr
Page 113 and 114: cases where it has been established
Page 115 and 116: victims compensation fund. Traffi c
Page 117 and 118: Protection and support for the traf
Page 119 and 120: their territories until the identif
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Page 123 and 124: of human rights and may even in som
Page 125 and 126: Current policy for counteracting hu
Page 127: The contemporary regulation of huma
Page 131 and 132: measures. The question of whether o
Page 133 and 134: availability of legal and sustainab
Page 135 and 136: ut nonetheless refl ects the kind o
Page 137 and 138: Current Trends in Traffi cking The
Page 139 and 140: There is still a lack of quantitati
Page 141 and 142: traffi cking are embedded in social
Page 143 and 144: further below). Most identifi ed hu
Page 145 and 146: In the construction sector: Exploit
Page 147 and 148: harms. At the same time, if one avo
Page 149 and 150: protection laws. Such differences b
Page 151 and 152: guards, labour inspectors, immigrat
Page 153 and 154: The fact that there are very few pr
Page 155 and 156: evidence to prove the crime and to
Page 157 and 158: Hence, migration departments and la
Page 159 and 160: The Recommended Principles and Guid
Page 161 and 162: traffi cking. Such cooperative mech
Page 163 and 164: prevention including respect for so
Page 165 and 166: To sign and ratify the Protocol to
Page 167 and 168: victims may be based on different f
Page 169 and 170: Fekete, L.: Canary Island Tragedy:
Page 171 and 172: Piotrowicz, R.: Trafficking of Huma
Page 173 and 174: UNODC: Global Patterns in Human Tra
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