Trafficking in human beings
for labour exploitation
and forced criminality
Trafficking in human beings for labour exploitation
and forced criminality
Co-hosted by DCAF, the ILO and the Canton of Geneva
Roundtable report of 5 October 2015
November 2015
Published by DCAF
Editor: Giji Gya
5 October 2015
Kruzel Hall, WMO,
7bis Avenue de la Paix, Geneva
Speakers :
Beate Andrees, Chief, ILO Fundamental Principles and Right at Work Branch
Astrid de Beurs, senior detective, Criminal Investigation Division, Labour Inspectorate SZW
(Ministry of Social Affairs and Employment, NL)
Christophe Boujol, Geneva Cantonal police
Bernie Gravett, Director, Specialist Police Consulting UK, retired Superintendent
Metropolitan Police London, UK
Jean Marc Guinchard, 1er vice-président du Grand Conseil, Genève
Giji Gya, Head of the Asylum, Migration and counter-Trafficking in Human Beings
Programme, DCAF
Cem Kolcu, Coordinator, Human Trafficking, INTERPOL
Catherine Lance Pasquier, Département de la Sécurité et de l’Economie (DSE), Canton of
Geneva
Jean-Francois Minet, Attaché, Chair of the Interdepartmental Coordination Platform Against
THB, Federal Public Service for Justice, Belgium
Marco Musumeci, Programme Coordinator, UNICRI
Alix Nasri, Technical Officer, ILO Fundamental Principles and Right at Work Branch
Anne Marie von Arx Vernon, Au Coeur des Grottes, Geneva
1
2
Background
Trafficking in human beings (THB) for labour exploitation and forced criminality has long been
overlooked.
The ILO estimates that 20.9 million people are victims of forced labour globally, trapped in
jobs into which they were coerced or deceived and which they cannot leave. Of the total
number of 20.9 million forced labourers, 18.7 million (90%) are exploited in the private
economy, by individuals or enterprises. Out of these, 4.5 million (22%) are victims of forced
sexual exploitation, and 14.2 million (68%) are victims of forced labour exploitation in
economic activities, such as agriculture, construction, domestic work or manufacturing. The
remaining 2.2 million (10%) are in state-imposed forms of forced labour, for example in
prisons, or in work imposed by the state military or by rebel armed forces.
THB for forced criminality has received even less international attention and there exists little
global data on its prevalence. However, security sectors and victim assistance groups are
seeing an increase in victims being forced to undertake illegal acts. UNODC (2015) reported
7% of THB cases of “other forms of exploitation” from 2010-2012, where this category of
“other forms” includes forced criminality. THB for forced criminality can include begging
(including street entertainers and flower sellers), petty theft, pick-pocketing, shop lifting,
burglary, grand theft, drug smuggling, cannabis cultivation (for example in the UK), magazine
and charity sellers with fake ids, social welfare benefit fraud, & sham marriages. EUROPOL
(2014) states that there is an increase in THB for petty theft, pick-pocketing, shop lifting,
burglaries and property crime. RACE Europe (2012) published a report on the THB trade of
Vietnamese children in cannabis cultivation. The Council of the Baltic Sea States (2013)
reported several cases of trafficking of children for shoplifting and other criminal activities.
They point out the organised exploitation and trafficking is rarely recognized and investigated
and emphasises the importance of collaboration between the police and child protection
services to investigate those cases.
Both the security and the labour sector play a crucial role in tackling THB, and in order to do
so effectively, respective organisations and authorities need to share information and
collaborate efficiently.
According to the ILO recommendations on supplementary measures for the effective
suppression of forced labour in 2014, “members should establish or strengthen (…)
competent authorities such as the labour inspectorates, the judiciary and national bodies or
other institutional mechanisms that are concerned with forced or compulsory labour, to
ensure the development, coordination, implementation, monitoring and evaluation of the
1
national polices and plan of action” .
These national bodies, institutions and legal systems also include police, immigration and
2
social services. According to the EU research on demand for trafficking (DemandAT ), there
is a clear need to reinforce the capacity and cooperation of labour inspectors and law
enforcers in preventing THB for labour exploitation, in prosecuting and punishing perpetrators
and in identifying, protecting and compensating the victims for the damage suffered.
A huge challenge when dealing with THB for forced criminality, is criminalisation of the victim.
As such, the ILO recommendation section 7 notes that : “Members should, in accordance with
the basic principles of their legal systems, take the necessary measures to ensure that
competent authorities are entitled not to prosecute or impose penalties on victims of forced or
compulsory labour for their involvement in unlawful activities which they have been compelled
to commit as a direct consequence of being subjected to forced or compulsory labour.”
1
2
R203 – Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203).
www.demandat.eu
3
4
Introduction
This roundtable, co-hosted by DCAF, the ILO and the Canton of Geneva, brought together
relevant local and international organisations from the security and labour sectors, to discuss
improving effectiveness in countering THB for labour exploitation and for forced criminality.
3
The event builds on the round table on Migration and Trafficking in Human Beings that DCAF
co-hosted with IOM in Geneva in April 2014.
The day was divided into two sessions, the morning on labour exploitation with speakers from
ILO, the Netherlands and the Canton of Geneva and the afternoon on THB for forced
criminality with speakers from INTERPOL, Belgium and the UK. Each session was followed
by a roundtable discussion with the speakers as well as experts from DCAF, ILO, Au Coeur
des Grottes, Geneva Cantonal police and UNICRI. Participants included professionals that
work on counter-THB in the institutions and from Permanent Representations in Geneva.
The opening addresses noted the need to tackle the root causes of workers’ vulnerability to
forced labour and labour exploitation. It was stressed that to achieve this goal, a collective
approach was needed, which brings together all key stakeholders, with expertise on the one
hand on criminal justice approaches and on the other hand on preventative and protective
measures to combat labour exploitation. Trafficking affects everyone and all countries and
stakeholder cooperation is key to fighting this crime.
Note that as this event included operational detail of cases of confidentiality or currently under
investigation, as well as being under Chatham House Rule, the following summary excludes
identities and some detail.
With many thanks to all the participants in our continuing fight to combat trafficking in human
beings.
Giji Gya
Head of the Asylum, Migration and counter-THB Programme
DCAF
3
http://www.dcaf.ch/Event/Migration-Asylum-and-Trafficking-in-Human-Beings-Round-TableDiscussion-on-demand
5
6
Session I
Trafficking in human beings
for labour exploitation
What is new in the fight against labour exploitation
Under the ILO Forced Labour Convention, 1930 (No. 29), forced labour is defined as “All work
or service that is exacted from any person under the menace of any penalty and for which the
said person has not offered himself voluntarily”. The 2014 Protocol reaffirms the definition of
forced labour contained in Convention No. 29.
According to the latest ILO global estimate, nearly 21 million people are victims of forced
labour across the world, trapped in jobs which they were coerced or deceived into and which
they cannot leave. In the European Union, the majority of the victims are found in the
domestic work, agriculture, manufacturing and construction sectors. A substantial number of
victims are low-skilled migrant workers, who are particularly vulnerable to trafficking in
persons.
Niger was the first country to ratify the new 2014 Protocol to the Forced Labour Convention,
as part of a renewed global effort to eradicate modern slavery. The Protocol will enter into
force following registration of its second ratification. The Protocol will assist member states to
put in place measures and legislation to help prevent THB, to protect victims and to ensure
their access to appropriate and effective remedies, which are the three main pillars of the
Protocol.
Under the Prevention pillar, the protocol aims to strengthen labour inspection and other
services responsible for the implementation of these laws. It also tries to combat abuses
arising during the recruitment process. The Protection pillar introduces an important
provisions aimed at protecting victims from punishment from unlawful activities that they were
compelled to commit and addresses modalities for victim assistance. The Remedy pillar gives
aims to ensure victims’ access to appropriate and effective remedies, such as compensation,
irrespective of their presence or legal status in the territory. The ILO is producing an
implementation guide on the 2014 Protocol and its accompanying Recommendation no. 203,
which will be accessible on the ILO www.50forfreedom.org platform before the end of year.
In the discussion session, participants questioned whether it would be a challenge for states
to implement the provisions of the Protocol. For European states, many already have
legislation in place that reflects the Protocol’s provisions; hence there is already an
advantage. There are some examples of good practices at the national and regional levels,
which the ILO is documenting. In addition the ILO provides technical assistance on
combatting forced labour. For example in August 2015 the ILO launched a new “Integrated
Programme on Fair Recruitment” supported by the Swiss Agency for Development and
Cooperation to foster fair recruitment corridors at the global and country level, including in
Jordan, Nepal, Tunisia and the Philippines.
THB and exploitation of domestic workers
The participants heard a presentation on cases of exploitation of non-EU domestic au pairs in
the EU, which were paid as little as 2.50 euro per hour and had their identity documents
withheld. Regarding the status of the domestic worker, they entered the EU on an Au Pair
visa, which at the time of the investigation had already expired, or on a tourist visa, on which
it is prohibited to work. The workers were also scared to go out in public, as they were unsure
of their visa status and thus afraid if they would be questioned by authorities. Part of the
7
presentation exampled the use of financial investigation as well as social media and web
investigation as techniques to build cases against the perpetrators. The investigations are
ongoing and the domestic workers were deported to their country of origin as their cases
could not be tried as THB.
The presentation touched on the challenge of invisibility of the workers, as being in a private
home of rich families, the authorities either do not check, or do not think to check.
In the discussion session, participants were confronted with the challenge of defining
exploitation and what this means to the victim, the perpetrator and the legal system. A
particular challenge for law enforcement when investigating and prosecuting THB cases of
domestic servitude, is when a victim will not self-identify, or believes that they are not a victim.
The distinction between exploitation and trafficking in this sector can be blurred or a grey
area, which can affect the interpretation of the severity of the crime.
This can be the situation with domestic workers, that even though exploited (low wages, long
working hours, identity documents confiscated), because they partake in the lifestyle of the
rich family by whom they are recruited – living in a luxurious home, joining the family on
expensive holidays as maids/nannies – they do not interpret their situation as exploitative
compared to their situation in their origin country. This can be the case even if they are
underpaid, work excessive hours, have no visa and their identity documents are withheld. For
a prosecutor, lack of victim self-identification also means a lack of victim testimony, which will
often cause a case to be dismissed. This also means the challenge of finding alternative
evidence.
The participants also discussed the challenges for law enforcement when legislation is not
clear, or is rigid in its parameters. For example, in the Netherlands, there are two Articles that
can be applied to cases of exploitation, where a person is a non-EU national with no visa.
Article 197A of the Illegal Labour Code is used when a perpetrator uses persons with irregular
status for profit (these two factors required to prosecute) and it has a penalty of 4 years
imprisonment. Article 273F is used for cases of trafficking in human beings, when only the
act, means and exploitation need to be proven, and has a penalty of 12 years imprisonment.
The problem with Article 273F, is that if victims do not identify as such, and there is no other
evidence, then a case is likely to be dismissed. Hence, prosecutors and/or
magistrates/judges, will instead use Article 197A to convict, providing there is evidence of
profit and irregular status. The problem with use of Article 197A, is that the workers are only
seen as irregular and not victims of trafficking and are thus deported, whereas if they had
been identified as victims, they may have had the right to reflection and a possibility to stay in
4
the EU.
Exploitation and trafficking of domestic workers – challenges and
solutions from Geneva
Since December 2006, human trafficking has been a punishable act in Switzerland under
article 182 of the Swiss Criminal Code. This paragraph replaces the old Article 196 SCC,
which only provided for human trafficking for the purpose of sexual exploitation. Under the
new article, all forms of human trafficking according to the internationally agreed definition are
punishable offences. From 2000 to 2014, between two and fifteen convictions for human
trafficking became binding each year.
4
Note that the conditions of victims of trafficking to stay in the EU depends on each states’ national
legislation. The ILO Forced Labour Protocol of 2014 states that “Members should take the most
effective protective measures for migrants subjected to forced or compulsory labour, irrespective of their
legal status in the national territory, including the provision of temporary or permanent residence permits
and access to the labour market”.
8
Whilst the Swiss federal state is responsible for human trafficking legislation, the cantons are
basically responsible for prosecuting the culprits and protecting the victims. A multitude of
agencies and public authorities in the cantons are involved in dealing with human trafficking
cases. They include public prosecution agencies and police in the field of law enforcement,
victim assistance and social welfare agencies to provide victim assistance and protection,
migration authorities to regulate the stay in Switzerland of victims, and labour inspectorates.
To improve co-operation between the police, judicial and migration agencies and the victim
advisory centres, various cantons hold roundtable meetings on human trafficking.
In Geneva, contrary to other cantons, the sexual exploitation does not represent the majority
of trafficking cases. The exploitation of the labour force is worrying especially in some areas
as cabaret and the domestic services sector.
In the canton of Geneva, the labour inspectorate and the section responsible for the fight
against illicit work are members of the roundtable and a working-group is dedicated to labor
exploitation. The labor inspectorates of the canton have been trained in the detection of
human trafficking.
With regard to the domestic economy, the authorities have equipped themselves with the
means of struggling against the violations of working conditions. In this way, they are also
limiting the risks of labour force exploitation.
In 2010, the Federal Council adopted a standard model employment contract in the domestic
services sector, in order to protect the workers coming from low-income countries against
abuse regarding salaries. This standard model employment contract imposes compulsory
minimum salaries in all cantons. The canton of Geneva has had a standard model
employment contract with cantonal compulsory minimum salaries since the 3rd of May, 2005.
The non-observance of the compulsory minimum salaries can lead to administrative or
criminal sanctions. Since 2013, the cantonal labour inspectorate has been controlling the
respect of the standard model employment contract in the domestic services sector.
Due to the large diplomatic and international community in Geneva, the Geneva authorities
decided in 1995 to create a mediation structure that aims to resolve labour conflicts involving
people benefiting from diplomatic and consular privileges and immunities. When such a
conflict occurs, either or even both parties can submit the case to the Office of the "Amiable
Compositeur".
In 2016, Geneva will have a new authority under the police that concentrates on countering
all forms of THB.
The participants’ discussion elaborated on the types of procedures in place for when working
contracts are violated or not existing and who actually detects such violations. The Canton
has sound cooperation in place between NGOs and authorities and it is often NGOs that
advise the authorities on breaches of law or of potential THB cases. There is also a dedicated
unit in the public hospital in Geneva that assists irregular migrants, which can also be the first
response contact with a victim of THB. For the diplomatic community, the office of the
Amiable Compositor provides information on required wages and conditions for those
employed in Switzerland. However, more information for potential victims or vulnerable
migrants can always be an improvement.
In the legislation, Article 182 of the Criminal Code is used for cases of trafficking for sexual
exploitation. The Article is weak for cases of THB, which makes it difficult, but not impossible,
to apply. If a case goes ahead and a conviction is achieved, the first remedy is for an
employer to pay the unfulfilled wages. Should this not be achieved, then the perpetrator will
receive a penalty. There have been 10 convictions under Article 182, but only 3 for labour
exploitation. However, sometimes Article 182 is not applied due to challenges with evidence.
This is particularly so with labour exploitation cases, which are ruled under non-THB
legislation. Since 2006, Switzerland has a federal law against THB that also includes labour
exploitation and organ removal.
9
Other Cantons in Switzerland also have standard contracts and conditions and in general,
monitoring of the labour force functions well, but it needs improved enforcement, and
convictions for exploitation are always a challenge. Participants noted that this is the same for
all countries, in particular because of the challenge of law enforcement engaging with labour
inspectorates. In Geneva, there is a great improvement in the police forces and in the
legislative sector with an increasing understanding of THB and hence understanding of THB
cases. However, further training of the judiciary is still necessary.
Effectiveness and Cooperation to combat Labour Exploitation
Participants heard a presentation from a victim shelter in Geneva, with examples of survivors
5
of trafficking.
The participants then discussed the challenges in cooperation in combatting THB. There was
debate regarding public perception of irregular migrants that are exploited and the public’s
criticism of tax-payer cost to integrate irregular migrants into the country. An example was
given from Belgium, where there are privately funded programmes of training with ICRC to
help irregulars integrate with no cost to the public and migrants are then trained to work in
needed sectors.
The participants also discussed a general need everywhere in the world to increase and
improve information dissemination on THB. The campaign in Geneva 2014-2015 on the local
6
transport system was cited as one good example of this. We are witnesses to THB and we
are all able to support the change to sensitise people to THB.
Regarding cooperation for law enforcement agents and judicial officials, participants noted
that this is the biggest challenge in prosecuting and convicting for THB. When waiting for
inter-state response to requests for information on investigations, delays can cause problems
in advancing cases and a time factor of several years in some instances to process cases,
can mean cases are dismissed or victims move on. Another challenge is the catch-22 of
acquiring evidence before being able to request bi-lateral cooperation. Participants also noted
the lack of understanding of, and use of, EUROJUST and Joint Investigation Teams (JITs)
funded under EUROJUST, for facilitating cooperation and collaborative investigations.
Geneva has an example of good bi-lateral cooperation with Romania, such that a Romanian
police liaison office works in the Canton of Geneva, in particular on countering begging and
sexual exploitation. The police also cooperate well with NGO shelters that provide victim
assistance, in one case, bringing several victims from one origin country to a shelter.
Another solution is to increase provision of information on the risks of THB to potential victims
in the country of origin, particularly to demographics that are looking for work abroad. Better
information on the role of recruitment agencies (for example, they should not charge fees),
information of work-visa options in the preferred country of destination and transparent
information on consular websites, would assist to this affect. Information can support
prevention, and to deter people that look for options of forged documents or using possible
criminal recruitment. In addition, to prevent re-victimisation, consulate of origin countries in
destination countries have the opportunity to provide better information of safe working
options and rights for migrant workers. A country should also establish this information at all
its consular offices.
5
www.coeur.ch
www.ge.ch/traite-etres-humains/campagne-2014.asp The campaign ran for 1 year from 16 October
2014, with the cooperation of the Canton of Geneva, Au Coeur des Grottes, and victim assistance
services LAVI and CSP in Geneva.
6
10
Session II
Trafficking in human beings
for forced Criminality
Forced Criminality – trends and examples
Carwash, flower seller, street entertainer, beggar. All these people may be trafficked and any
proceeds they receive go directly to the criminals that traffic them. Some organized crime
networks (OCN) even deliberately disable their victims to increase the “pity” effect for
passers-by to give more money. Part of the challenge of detecting trafficking in human beings
for forced criminality, is that if these victims are in the ‘labour’ sector, the situation can be
mistakenly interpreted as labour exploitation or even just a public nuisance, and thus those
law enforcement agents (LEAs) specialized in THB and OCN are not brought in or informed.
New trends in THB for forced criminality include fake police that target tourists and take their
money for “possible counterfeit” reasons and will even give the confused tourist a fake
7
“receipt” for the money they take from them; card trick gangs, where part of the gang are
victims; young men put into gangs that steal industrial metal for resale; or young boys that are
held in cannabis greenhouses to tend to crops.
OCNs that traffic people can often come from particular villages of particular ethnic groups,
thus we need to challenge cultural aspects. For example, the Roma have been exploited by
others, or discriminated against in Europe, and some are now exploited by their own for
trafficking. The presentation exampled THB for begging from Eastern Europe into the UK, in
particular using children.
Mapping OCNs that traffic people is actually an easy task. The challenge lies in the fact that
we do not see THB if we are not looking for it. A new approach is also needed, such that the
security sector must move away from reliance on victim testimony. More effort on crime
scene investigation and forensics, including financial forensics, can greatly assist in an
evidence trail for prosecution. Financial investigation and penalties that enable seizure of
(criminal) ‘lifestyle’ assets can assist to break the cycle of THB by OCNs.
To move forward, we need to treat THB as a business and tactically address the five
elements or 5 UN commercial practices, being: advertising (recruitment of victims), transport
(of victims), communication (amongst traffickers/facilitators), premises (where the victims are
accommodated) and finance (following the money trail). In any aspect of counter-THB, law
enforcement needs to disrupt or deter all or some of these 5 elements. In addition,
coordinated training for prosecutors and judges needs improvement and finally, the fight
against THB must be adequately resourced.
The participant discussion focussed on the treatment of survivors of trafficking in the UK, in
particular children, and strategies to prevent them being re-trafficked or further victimised.
One method is a carrot-stick approach, in that the parents of the trafficked children are told to
put their child into school and if they follow this, then they will not be prosecuted for trafficking.
This must be done however with parallel strategy of arresting the traffickers and breaking the
OCN.
Another aspect discussed was the seizure of OCN money or assets and what was done
following this. Of one example, where 120 people were arrested, the UK is still confiscating
the assets. The assets would then be divided between a fund for victim assistance and
resources to support law enforcement in combatting THB.
7
Where in major tourist areas, gangs draw in people and encourage them to bet on the outcome of a
card trick or ball & cup illusion. The victim could be either the person with the trick, or part of the
watchers in the gang that look out for police.
11
Judicial tools and challenges in separating victims of trafficking for
criminal exploitation from criminality
Part of the challenge for the judiciary in finalising convictions of the crime of THB and the
application of the non-sanction provision, are the legal parameters and the distinction of THB
itself.
The non-sanction provision can ‘easily’ be applied to obvious cases of exploitation and
coercion. However, in some situations, persons that were victims at first stage could also be
involved in the activities of the criminal network with, to some extent, a certain freedom of
action. These hybrid situations aren’t easy to analyse.
For example, if a person is trafficked, but then he/she is tasked to monitor other trafficked
people, the question at the judicial level will be whether or not she/he is a victim or a
trafficker. In one example of a judicial case, the person was acquitted of the criminal activity
of being involved in trafficking people, as she was herself trafficked, and there was adequate
evidence to demonstrate this. Even so, passing judgement in complex situations such as this,
is difficult.
A second aspect is related to THB with the purpose of forcing someone to commit a crime.
These situations are difficult to identify as they can be perceived by the law enforcement
agencies as ‘common offences’ such as stealing or pick-pocketing, instead of THB. Such
difficulty, coupled with a large burden of cases, can cause the judiciary to take the easier
course and convict for simpler offences – such as stealing. This may be the path taken, rather
than looking at the whole situation, or being presented with the bigger picture by the
prosecution, of the thief being forced to steal, hence it should be a THB conviction and the
‘thief’ treated as a victim.
To ensure better effectiveness of the judicial sector or law enforcement agencies, it is
necessary for actors to be aware of the existence of these situations of exploitation.
In Belgium, working with specialised magistrates has proven to be useful in order to
effectively apply the non-sanction principle and to better identify cases of THB with the
purpose to force someone to commit a crime. Following Article 28 of the Code of Criminal
proceedings, it is up to the public prosecutor to decide whether or not a file has to be brought
before a court (civil parties can also act). The Minister of Justice and the Board of General
Prosecutors can recommend guidelines to the prosecutor and law enforcement agencies in
matter of criminal policy. Therefore, a specific circular was drafted on the investigation and
prosecution of THB cases. In the latest version of the circular, specific information is given on
the non-sanction principle. The general principle is that a closer communication between
magistrates of different sections of the public prosecutor's offices and of the labour
prosecutor's offices has been recommended, with a view to avoid that any proceedings that
are irreconcilable with the status of victims trafficking in human beings are undertaken. The
circular also explains the concepts of certain types of trafficking in people, and appoints
specialised magistrates in each judicial district that are tasked with organizing local meetings
with stakeholders.
A final failsafe is Article 71 of the Criminal Code, that gives a non-liability provision following
the general principles of the Criminal code. For example, a Nigerian victim of trafficking with
irregular status was charged with use of forged documents. The charge was issued as
default, but was challenged under this Article after objection from the victim. That case was
mentioned in the report of the National independent rapporteur.
The participants then discussed cooperation between the judiciary and victim assistance
services, in particular within the parameters of the National Referral Mechanism. Belgium is a
good example of strong cooperation, in particular with base training and secondary training of
magistrates to specialise in counter THB. One reason for the success, is Belgium is a small
country, thus only has to cover a smaller area and number of people for cooperation efforts.
12
The question was also raised as to the international efforts to cooperate to map OCN globally.
For this, EUROPOL is the platform in Europe, but the challenge is the general lack of
knowledge in the security sector and amongst those combatting THB, of its existence and
role. All states need to encourage law enforcement to share intelligence with EUROPOL.
Another difficulty lies in the data collected on THB, in that statistical collections are now being
built, but the figures are not relevant to map OCN. Two solutions are to use NGOs’
knowledge of information from victims on their traffickers and to coordinate this with
intelligence from states to then construct an analysis.
Also of importance is not to re-traumatise the survivor of trafficking, particularly for children.
Often child services are inadequate or ineffective because of lack of financial resources.
[1]
Additionally, in the EU, states follow the convention of Brussels II, and can interpret the
regulation such that a trafficked child must be returned to its parents and repatriated to the
country of origin. In the case where a child is trafficked by its own family, obviously this is a
problem. In the UK, the 2015 Modern Slavery Act encompasses the concept of child
advocates for trafficked children, which act in the child’s best interest, to avoid such
situations.
The discussion continued on the general principle of non-punishment of a victim of trafficking
and how to ensure this. In Belgium, as explained, basic guidelines are provided through
official circulars. However challenges remain. The practicalities of non-prosecution are not
always clear-cut, particularly for law enforcement that encounter forced criminality. For
example in the UK, situations of trafficking are not always clear for front line law enforcement
dealing with criminals. Now well-known is the case of cannabis farms, where cannabis is
illegal in the UK, meant that young boys from Vietnam trafficked into the UK to cultivate the
crops were arrested on criminal charges. The police had no sensitisation of the possibility that
the boys were trafficked. The onus was on the prosecutors, who were also not sensitised to
THB in this instance.
Structures and cooperation to combat forced criminality
INTERPOL has a sub-directorate on counter-trafficking in human beings and child
8
exploitation. The department provides strategic support to member states in countertrafficking operations. This support also includes training of police, law enforcement and
prosecutors on counter-THB.
The participants heard a summary of three INTERPOL operations in Africa, combatting
trafficking for labour exploitation in the food and mining sectors, where children as young as 3
years old had been trafficked. INTERPOL is also cooperating with IOM in operations, to
ensure adequate response and assistance to victims.
INTERPOL manages the international database on stolen and lost travel documents,
accessible to law enforcement agents. This can be an essential tool to combat THB, when
fraudulent or stolen documents are in play. As at January 2014, there were 39 million
documents in the database.
There remains a need to continue to build collaboration meetings between law enforcement
agents globally. Personal relations developed from these meetings facilitate faster and more
effective cooperation between the security sector actors.
Solutions to combat THB, include phone hotlines specifically on THB direct to law
enforcement and billboards at airports advertising the risks and dangers of THB.
[1]
8
EC 2201/2003. Applies to all EU member states except Denmark.
www.interpol.int/Crime-areas/Trafficking-in-human-beings/Trafficking-in-human-beings
13
Effectiveness and cooperation
The participants then debated aspects of tackling organised crime networks (OCNs) that
traffic people. When the trafficking industry is worth 110billion euro, what we are missing is
resources and the ability to connect the dots to combat OCN. Tackling OCN has changed to a
low priority for states. This mentality must be adjusted to place OCNs in the bigger picture of
their direct impact on human security.
Humans are a commodity for OCNs and give a high return on investment in their business
model. For instance, one area is the counterfeit industry, run by known OCNs. It is estimated
that profits from this sector that were moved from Italy to China, equalled 4 billion euro over 4
years.
A main challenge in convicting OCNs, is that prosecutors often drop the case due to
technicalities or lack of evidence.
Another large challenge for the EU, is that after accession, financing to combat THB
decreased for member-states. Yet, trafficking is said to have increased, it can be said in
correlation to the removal of border controls. This makes it easier to traffic people within the
EU.
A solution to effectiveness in fighting THB, is to shift the focus to financial investigation and to
look at the OCN business model. Financial transfer by OCNs, often of small amounts which
infer no verification by authorities, is an integral part of the OCN business plan. If adequate
resources are put into LEA investigation of OCN financing trends and tracing the money, not
only will LEAs be able to disrupt OCNs, but also detect victims, which are sometimes used as
money couriers.
If the above is combined with victim assistance and protection efforts, the fight against THB
will become more holistic and pragmatic.
Conclusion
The main elements from the meeting can be summarised as the status quo and what we
need to address to improve the fight against THB for labour exploitation and forced
criminality.
Obviously, a collaborative approach is needed. The intelligence, both logical and knowledge
based, is key here. We must look at THB from the perspective of the traffickers’ business
model, such that how they make financial investments and transfer money can be key to
disrupting and deterring the crime. This is especially so, as OCNs shift their modus operandi
to activities that are ‘low priority’ to authorities or inspections, to avoid risk and detection.
Missing from our side in ‘connecting the dots’, are resources, both human and financial, to
dedicate to combatting THB.
Information for potential victims is also something that needs to be improved. Both from a
governmental responsibility, warning of the risks of THB and providing information at
government departments and consulates. Also from a public perspective, media and the
public also need to be educated and informed about types and risks of THB.
In addition to resources, the manner of cooperation and collaboration is extremely important.
Many security sector and labour inspectorate agents note the efficacy of building personal
relations, both between themselves and with other stakeholders, to facilitate a quick and
coordinated response to potential THB. We also must make better use of the resources and
role of EUROPOL, EUROJUST, INTERPOL and Joint Investigation Teams (JITs). Victim
Assistance (VA) NGOs are an important player, not only for VA, but also in mapping
survivor’s stories, which can play an important part in gathering intelligence on traffickers,
and helping to avoid re-traumatising the victim.
14
To assist front line responders, detailed new developments on THB and legislation need to be
regularly circulated and incorporated into training. Additionally, proactive work needs to be
encouraged, following the old adage ‘if you don’t look, you don’t see’, this is particularly so if
victims are likely to be in private buildings or do not or will not self-identify.
From the prosecutorial and judicial perspective, legislation must support conviction and
penalties of traffickers. To aid this, specialised magistrates trained specifically in THB have
made an impact.
Despite the challenges, the debate at the event shows the dedication of many to stop THB
and the efforts to eliminate the “we didn’t know” factor when trafficking is under your nose.
We have the knowledge, we have the tools, now we have to get to work using them to
remove the most detestable crime of exploitation in human history.
15