Trafficking in human beings: human rights and ... - unesdoc - Unesco

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Foreword: UNESCO on Traffi cking of Human Beings UNESCO has carried out research on traffi cking within the framework of the “Slave Route Project” which is composed of four main programmes; a scientifi c programme on thematic networks on fi ghting against racism, discrimination and xenophobia; teaching and education on the slave-trade and slavery; promotion of cultures and artistic and other expressions resulted from interactions caused by the slave-trade; cultural tourism for identifi cation, restoration and promotion of sites important for the memory of slavery. Over the past 15 years the Slave Route Project has achieved the establishment of academic networks which have fostered research on key aspects of the slave trade and slavery. The publication of several studies, documentary fi lms and articles in the international press have brought this work to the attention of the general public, thereby enhancing the project’s visibility. UNESCO’s Culture and Education Sectors strive to encourage refl ection, scientifi c and historical research and the dissemination of information on slavery and its consequences. The Social and Human Sciences Sector and the Communication Sector also participate importantly in the project by developing new initiatives to combat the lingering consequences of the slave trade and slavery such as discrimination and racism and in this context research on traffi cking has been carried out. The Social and Human Science Sector has, within this framework carried out research with the goal to improve the understanding of the factors related to human traffi cking, especially focusing on the African socio-cultural context. This has led to publications which provide knowledge basis for effi cient countermeasures in six African pilot countries (Benin, Lesotho, Mozambique, Nigeria, South Africa and Togo). The research has not only resulted in publications which facilitate the transfer of knowledge, experiences and best practices but also promoted interaction and cooperation between researchers, decision-makers, representatives of international organizations and civil society on the issue of traffi cking of especially women and children. UNESCO has thus carried out research in Africa aimed at analysing the root causes of traffi cking and of gathering best practices. Reports on the countries concerned, structured around a fi xed pattern of information, give a picture of reasons for and consequences of traffi cking in the region. These individually and as a whole contributes to an improved knowledge of factors related to traffi cking in the African context, which in turn can be used to improve the effi ciency of counter traffi cking measures, benefi tting from the 13
enhanced knowledge of the phenomenon. Apart from the country specifi c research, a major report on Best Practices was published in 2005. The outcome of this activity has been not only the reports but also an improved cooperation between researchers and stakeholders, and a contribution to awareness raising activities in the region regarding traffi cking. The importance of country research lies in the new angles such research brings such as literature reviews and meta-analysis of existing statements on traffi cking. 14 Furthermore the UNESCO Traffi cking Statistics Project in Bangkok is tracing the origin of numbers cited by various sources worldwide, attempting to ascertain the methodology by which these numbers were calculated, and evaluating their validity is important, but the recent reports (2006 and 2008) from UNODC should also be mentioned for their ample coverage both quantitatively and qualitatively when it comes to gathering and presenting what numbers may be found on traffi cking. The structure of the six country reports – giving an overview of who the victims are, who the traffi ckers are, what the routes and general context are, the forms of exploitation and recommendations for improvement proves a valuable source of knowledge on these countries also for comparative purposes. ROOT CAUSES The overview in each study on the root causes – most often common – and the legal framework in place – most often not adequate – is useful in that it gives a state of the art picture of the situation regarding traffi cking in these countries and shows how much they are alike and where intervention is needed – both at a legal level but also regarding awareness raising and interventions that go well beyond a mere traffi cking question; to poverty eradication and education. The UNODC Global Report in Traffi cking of Human Beings from 2008 shows that some steps have been taken on the legislative level to follow the recommendations which were put forward also in these papers, but much still remains to be done. 15 All the report underline that legal reform on its own will not 14 UNESCO: Human Traffi cking in Lesotho: Root Causes and Recommendations, p. 22. 15 E.g. for Lesotho: Enact a specifi c national law on human traffi cking making traffi cking in human beings a serious criminal offence, in line with the UN Convention. The law should be comprehensive and address all aspects of traffi cking and should provide inter alia: appropriate sanctions for offenders, protection of traffi cked persons from prosecution, rehabilitation and where possible compensation for traffi cked persons and confi scation by the state of proceeds earned from traffi cking. Pass into law, as soon as possible, the Children’s Protection and Welfare Bill. The provisions of the Bill on traffi cking are comprehensive and would compliment a national law on human traffi cking. The Bill also has provisions to enforce compulsory registration of children born in the country. Setting up of mobile registration centres would facilitate implementation of this law. To sign and ratify the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. Many of the root causes of human traffi cking are addressed in this legal document (gender inequality, HIV and AIDS). Ratify the UN Convention on the Rights of Migrant Workers and Members of their Families. Enter into extradition treaties with other countries in order to establish a smooth and swift system of prosecution and punishment of traffi ckers. An extradition agreement with South Africa is not suffi cient, since women and children are traffi cked to other countries in the region and beyond. Establish bilateral and multilateral agreements to run joint actions against human traffi cking and 14
Page 1 and 2: United Nations Educational, Scienti
Page 3 and 4: UNESCO migration studies 3 Series e
Page 5 and 6: Human Rights Law 66 Development of
Page 7 and 8: Note on Author Kristina Touzenis ha
Page 9 and 10: countries with economies in transit
Page 11 and 12: nonetheless these instruments mark
Page 13: The legal aspect of traffi cking is
Page 17 and 18: Broadly speaking, poverty, unemploy
Page 19 and 20: Considering the complexity of the p
Page 21 and 22: The perhaps most innovative report
Page 23 and 24: THE WAY FORWARD IN POSSIBLE RESEARC
Page 25 and 26: and considers the consent of the
Page 27 and 28: 35 Organizing or directing others t
Page 29 and 30: TRAFFICKING AND SMUGGLING - AN IMPO
Page 31 and 32: often be diffi cult for law enforce
Page 33 and 34: group argued that ’traffi cking
Page 35 and 36: ecruitments agency’s responsibili
Page 37 and 38: workers to authorities if they refu
Page 39 and 40: The Travaux Préparatories, in para
Page 41 and 42: Forced labour Bonded labour and deb
Page 43 and 44: ILO Declaration on Fundamental Prin
Page 45 and 46: and servitude clarifi es that while
Page 47 and 48: sex industry is frequently illegal
Page 49 and 50: idea that traffi cking for forced p
Page 51 and 52: labour exploitation and services ar
Page 53 and 54: Criminal Law Traffi cking and smugg
Page 55 and 56: treatment. 131 In A v. United Kingd
Page 57 and 58: circumstances, including offences i
Page 59 and 60: supply and demand in the traffi cki
Page 61 and 62: from a traffi cking ordeal is compa
Page 63 and 64: 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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support person and interpreter, are
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Interaction with the TOC in witness
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and profi ts are hardly ever traced
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provisions made for the victims’
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occurs in the context of organized
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shall adopt appropriate legislative
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case is that the Court emphasised t
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OTHER RELEVANT HUMAN RIGHTS INSTRUM
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of the Child on the sale of childre
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PREVENTION - A HOLISTIC APPROACH Ad
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Studies have revealed how, througho
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Traffi cking in persons is - like a
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It thus results that any effective
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epresent confusion or disagreement.
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ealisation of the right to food. 28
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y state agents, (the duty on the St
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must also be sensitized to the para
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One of the three purposes of the Tr
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cases where it has been established
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victims compensation fund. Traffi c
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Protection and support for the traf
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their territories until the identif
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entry into or residence in countrie
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of human rights and may even in som
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Current policy for counteracting hu
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The contemporary regulation of huma
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of a residence permit and the right
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measures. The question of whether o
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availability of legal and sustainab
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ut nonetheless refl ects the kind o
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Current Trends in Traffi cking The
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There is still a lack of quantitati
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traffi cking are embedded in social
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further below). Most identifi ed hu
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In the construction sector: Exploit
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harms. At the same time, if one avo
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protection laws. Such differences b
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guards, labour inspectors, immigrat
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The fact that there are very few pr
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evidence to prove the crime and to
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Hence, migration departments and la
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The Recommended Principles and Guid
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traffi cking. Such cooperative mech
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prevention including respect for so
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To sign and ratify the Protocol to
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victims may be based on different f
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Fekete, L.: Canary Island Tragedy:
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Piotrowicz, R.: Trafficking of Huma
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UNODC: Global Patterns in Human Tra
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