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

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international cooperation in terms of commonality of beliefs, notions of validity and policy enterprises. They are carriers of scientifi c knowledge into the policy fi eld and ‘channels through which new ideas circulate from societies to governments as well as from country to country’. Because of the knowledge they have, epistemic communities are able to penetrate government departments and make their ideas part of policy. Epistemic communities operate only in fi elds of policy where science is signifi cant. In the fi eld of human rights there is scepticism about the existence of such a community (p. 84). The report mentions justly that the human rights theme is the central concern of all epistemic communities working on human traffi cking. Two frames for human rights issues can be discerned. One uses the defi nition of human traffi cking by the Traffi cking Protocol for traffi cked persons, and the other follows the lines of socioeconomic rights – taking the identifi cation of poverty, gender, vulnerability and ethnic identity as causal factors (p. 86). Looking into international organisations the report mentions that all UN agencies cooperate in lobbying for the strengthening of legislation and law enforcement to protect the rights of traffi cked persons. UNICEF appears more concerned with ‘the recovery and reintegration of traffi cked persons’, whereas ILO-IPEC exhibits a more pronounced profi le on the rescue, repatriation, and restoration of the rights of traffi cked persons, and the prosecution of offenders through the strengthening of the judiciary and police. Action at the sub regional level reinforces its in-country programmes, since the organisation believes that concerted action is needed in both sending and receiving countries to stop cross-border child traffi cking (p. 88). The report also underlines the differences and diffi culties agencies encounter depending on whether their approach is mainly human rights, mainly migration or mainly crime. The report concludes: Our review of the profi le of epistemic communities active in the global struggle against human traffi cking reveals a way of functioning which does not entirely fi t the original meaning of the concept. In its original meaning an epistemic community carries scientifi c knowledge into policy making, and hence seeks to affect outcomes. In human traffi cking, such communities appear more bound or obstructed by the ‘realist’ politics of sovereignty and interests of nation-states. The knowledge generated by the humanities and social sciences does not yet seem to have made major impacts on policy decisions. Evidence produced on human traffi cking is now subject to query from a methodological point of view. Processes of epistemic deference in policy choices are not transparent at many levels, and therefore the risks of making inappropriate judgement cannot be overstated. Socially meaningful ends such as human rights protection are currently being pulled in different directions by the disparate interpretations depending on which humans, which location and which interest. Contending epistemological dispositions on human traffi cking are closely linked with how international migration is explained in the contemporary context of globalisation. Despite the shared position that accepts human traffi cking as an assault on human dignity and endorses the protection of the human rights of those traffi cked, substantive differences regarding practical approaches are prevalent. 21
THE WAY FORWARD IN POSSIBLE RESEARCH The pilot country studies give a very useful and workable overview of the situation in each country and could thus be extended to cover other countries, e.g. pilot countries in other regions. What would be recommendable is not to focus only on women and children but study traffi cking of humans in general. Already statistics and information may well be at least slightly distorted by the fact that so much attention has been devoted exclusively to these two, admittedly very vulnerable, groups and research in general would benefi t from not excluding traffi cking of men for e.g. labour exploitation. Research is also needed on the demand side of traffi cking, on the real impact of counter traffi cking programmes, on the experience of survivors and their ability to reintegrate, on agencies involved in law enforcement. 26 The problem regarding numbers is always present due to the character of the phenomenon. Research based on an estimation of numbers use a three level research: 1) estimating the number of people at high risk, 2) accounting for the factors that infl uence recruitment, transit, and destination activities of traffi ckers, and 3) using reported and unreported known cases to estimate the universe of traffi cking victimization has been called for. 27 Further studies on traffi cking “trends” in the sense of how traffi cking has changed character over the past decades would also be extremely useful for understanding how traffi ckers adapt to new situations and how responses must be formed to counter-act such transformations. The fact that there is confusion as to what traffi cking actually is and what it may cover (e.g. traffi cking does not cover giving shelter and aid to persons in distress even if these persons have been traffi cked and one might be seen as “harbouring” them – intent is needed to commit a crime) – from a defi nition point of view – leads to conclude that awareness-raising is necessary, also in the researcher community where, justly so, not all researchers are familiar with (penal) law principles. Training and information of this kind would be most useful in order to avoid spreading wrong notions about traffi cking. A possible collaboration with UNODC/UNICRI/ILO/IOM on the quality of legislation and implementation presented as a qualitative study would be a useful tool for many practitioners, organisations, and academics alike. Such collaboration would also open a possibility for UNESCO to do a qualitative research but with ample support from e.g. UNODC’s quantitative data. 26 Laczko, F.: Enhancing Data Collection and Research on Traffi cking in Persons, in Savona, E.U.; Stefanizzi, S.: Measuring Human Traffi cking, complexities and pitfalls. p. 37-43. 27 Albanese, J.: A Criminal Network Approach to Understanding and Measuring Traffi cking in Human Beings, in Savona, E.U.; Stefanizzi, S.: Measuring Human Traffi cking, complexities and pitfalls. p. 55-69. 22
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 and 14: The legal aspect of traffi cking is
Page 15 and 16: enhanced knowledge of the phenomeno
Page 17 and 18: Broadly speaking, poverty, unemploy
Page 19 and 20: Considering the complexity of the p
Page 21: The perhaps most innovative report
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
Page 65 and 66: The gravity of traffi cking is perh
Page 67 and 68: Human Rights Law It has widely been
Page 69 and 70: makes the obvious evident - the Pro
Page 71 and 72: 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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