United Nations Special Rapporteur on trafficking in J

United Nations Special Rapporteur on trafficking in
persons, especially in women and children
JOY NGOZI EZEILO
ORGANISES
EXPERT MEETING
ON
THEME: Human Trafficking & Global Supply Chains:
TITLE: Understanding
the Challenges & Risks
for Business & Workers
PRESENTED BY
BISI OLATERU-OLAGBEGI LLB. B.L. MCI (ARB) U.K.
Executive Director
Women Consortium of Nigeria (WOCON )
12-13 NOVEMBER 2012
ANKARA -TURKEY
1
Introduction/ Background
The nature of human trafficking in global supply
chains to Business in Sub- Saharan Africa: Profile of Business in Sub Saharan Africa
 Most countries in the Region are developing
Economies or under-developed constituting over
two-thirds for the poorest countries in the World
 Few large corporations in the Region- Mostly Small
and medium scale businesses.
 Few formal and regulated industries largely
informal and unregulated.
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Human trafficking and businesses in Africa
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Human trafficking especially the trafficking of women and children is a
global phenomenon that has impacted disproportionately on countries
depending on the economic level of the countries.
The adverse tolls not only on the victims majority of whom
are women and children but also on the entire society.
Until the last decade or two human trafficking was not recognized
as a major problem in Africa. Over the years and in recent times
the reality and enormity of the global criminal activity of human traffickin
becoming more apparent especially in the socio economic lives of
Africans in general.
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Using Nigeria as a classic example being the most populous in
sub Saharan Africa with a population estimated at 150 million (NPC 2006)
a country of source transit and destination for human trafficking. (See 201
Trafficking in Persons Report- Nigeria available at
http://www.state.gov/g/tip/rls/tiprpt/ ).
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Situational Analysis
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Millions of African children and Thousands of women are victims of
internal and cross- border trafficking. Nigerian women and girls for
example constitute the largest single source of trafficked victims for
prostitution and domestic slavery to Europe, (See the article “Nigeria
is the largest African source of trafficked women to Europe and Asia”
Available at http://www.naijafeed.com/naijafeed/2009/8/23/nigeriais-the-largest-african-source-of-trafficked-women-to.html)
Within the Sub Saharan Africa, there is the trafficking of persons
especially women and children though men are not exempted. West
Africans are mostly trafficked to North Africa for various forms of
exploitative labour such as domestic slavery and prostitution.
There is also intra trafficking within West and Central African subregions where Nigerians are trafficked to countries like Cote
D‘Ivoire , Mali, Gabon & Cameroon to work in farm lands and in
Brothels while the nationals from Benin Republic , Togo , Ghana,
Niger are trafficked to Nigeria predominantly for domestic slavery ,
begging and prostitution. Nigeria has been the largest recipients of
nationals from other West African countries in the last two decades 4.
Situational Analysis contd.
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Internal Trafficking from rural Communities to urban /city centers also abound in
the countries within the Region.
Millions of women and Children especially girls have been trafficked and are being
trafficked to urban areas for domestic slavery, illegal Mining,, begging and
prostitution.
Recruitments of potential trafficked victims are done and could be through
various categories of people who may be members of syndicated crime gangs or
just individuals. Family members have also been found to be engaged in trafficking
transactions.
Vulnerable people mostly from poor socio economic situations or rural
communities are deceived with promises of work , education, better life and
various forms of deceit according to the dynamism of the traffickers/ agents.
The recruitment particularly in Nigeria is sealed with the subjection of victims and
families to juju or voodoo traditional oaths of secrecy involving the use of their
blood and other body parts , to instil fear in the victims .
5
Culled from NAPTIP FIDA presentation
2012
The Juju 0r Voodoo influence.
The Juju or voodoo dimension
peculiar to the Nigerian .
According to publication of Europol
“Nigerian trafficking groups rely heavily upon contracts with
their victims that have been reinforced by a voodoo or Juju
ritual. The ritual process is both a controlling element for the
traffickers, pimps and madams and one which acts as a
significant obstacle in dealing with victims who have been
subjected to this process” ( See KNOWLEDGE PRODUCT
“Trafficking in Human Beings in the European Union O8 OC
Networks in the South-East European Sphere O2 Analysis and
Knowledge The Hague, 1 September 2011 FILE NO: 2565-84)
 Juju creates fear in the minds of victims and prevents the
revelation of the details of the trafficking transactions as well
as fear of reprisal attacks from the traffickers.
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RISKS-Forms of Transportation
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Transportation of victims could be by air but this form is
reducing due to the vigilance of Border agents.
By sea or water in overcrowded boats that are mostly
not sea worthy.
By road through hazardous routes sometimes in the
desert where the victims are deprived of food and water
–forcing them to drink their urine or blood from their
menstrual cycle.
While en-route to destination victims suffer various forms
of physical mental and often times sexual abuses.
The abuses may lead to loss of life or serious health
hazards such as unwanted pregnancies, forced abortion
and contracting Sexually Transmitted Diseases ( STD)
including HIV and AIDS.
8
Culled from NAPTIP FIDA presentation
2012
Culled from NAPTIP FIDA presentation
2012
Risks at Destinations
Trafficked victims in Hospitality, Tourism industry
 Suffer: Discrimination,
 Debt Bondage: At destination the traffickers unilaterally
impose debt bondage as for example between 4000060000 Euros for victims of sexual exploitation,Prostitution
& Domestic Slavery
Sexual and Physical Exploitation resulting in long time
health implications and trauma.
Forced labour- low wages below standard regulations and
minimum wages
Children in mining industries for example, suffer physical
abuse, sleep in the open are under fed and suffer various
health hazards.
 Denied education and protection.
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How? Forms of Exploitative Labour
Skilled Labourers : Very few are trafficked though they could
be victims of human smuggling and suffer exploitation in
consequence of such arrangements. –Results in brain drain or
loss of expertise in Africa.
Unskilled labourers: The large majority of victims are
unskilled with little or no education. Though their services are
essential especially in the informal sector and in some
industries such as hospitality, Tourism , entertainment – such
services are not accorded recognition as economic venture.
 The British Home Office acknowledged that between 1990
and 2000, migrants (both legal and illegal contributed £31.2
billion in taxes to the British economy.
(See Report of ILO at the 92nd session in Geneva titled
“Towards a fair deal for migrant workers in the global
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Supply chain of trafficked persons to businesses in SubSaharan AFRICA
Dearth of Information generally due to few studies on the issue
Formal Sector ; Large Corporations are closely monitored by Labour
Ministries in many countries.
Small and Medium Scale industries: Most Businesses in the formal
sector in Africa are small and medium scale: e.g.. Transport businesses
where children especially are used as “Bus conductors”; Catering
businesses where women are used as domestic servants especially
both within their countries and across borders. Agriculture-Cocoa
farms in Cote D’Ivoire.
Illegal mining and artisan- Nigeria Ogun State
Hospitality industries: Women and children used as cleaners, menial
work, Prostitution
Tourism industry: women and girls mostly victims in sex tourism and
hospitality industries.
Informal sector ; Trafficked victims engaged by petty and those in
distributive trade, shop attendants, domestic slavery of children a
worst form of labour.
Children manually drilling sand for Construction in
Ogun State of Nigeria
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Root Causes
 Pull and push Factors:
Poverty: Underlying factor for the vulnerability of victims to trafficking.
Gender :Who are The Victims? Mostly women and children.. Men too
are trafficked but the no of women and children surpass that of men.
High unemployment rates for women.
High rates of migration -as avenues to escape suffering and violence.
Demand for cheap labour. – Outsourcing of Businesses to poor
countries .
Ignorance: Legal/human rights and Migration Rules and procedure.
Need to control workers deny right to voluntary negotiations thereby
perpetuating the Bondage.
Golobalisation- growth of sex trade. Abuse of the traditional fostering
system.
High value of foreign currency especially, the euro and the dollar
 Corruption and bad Governance.
Inadequate protective Labour Laws minimum age for employment
according to the Nigerian Labour Act is 14 (See Section 59(3))
Prevention , Protection and Prosecution
Government Intervention
Legal Frame work
 Nigeria - 1st Country in Africa to put in place a comprehensive law
against human trafficking fashioned along the Palermo Protocol
(Trafficking in Persons Especially women and children,
supplementing the Convention on Transnational and Organized
Crimes in Vienna in July 2000 and signed in Palermo, Italy in
2000) - Trafficking in Persons (Prohibition) Law Enforcement
and Administration Act 2003 as amended in 2005 (NAPTIP
ACT)
 The Government set up an Agency NAPTIP which has the
responsibility to enforce the laws provided in NAPTIP Act i.e
 To investigate ,To prosecute trafficking suspects , take charge
and co – ordinate the rehabilitation and counseling of trafficked
persons and create awareness.
 Set –up of Shelters.
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Legal frame work to address trafficking.
Apart from Nigeria a few of the African Countries have
comprehensive legislations against human trafficking such
as Kenya Uganda, Djibouti Gambia Senegal , Sierra Leone,
Ghana while some of them have laws to prohibit child
trafficking ( Togo, Mali, Bukina Faso & South Africa) only
or trafficking for sexual purposes (Guinea & South Africa)
only
 Its noteworthy to mention that the NAPTIP Act of Nigeria
covers “Attempt” to traffick which is not in the Palermo
Protocol
 Most countries in Africa have endorsed the Palermo
Protocol and the various ILO Convections on forced labour
and worst forms of labour.
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Steps by Business owners to curb the supply chain
Some Businesses have codes of conduct: Through
the intervention of Agencies such as ILO- and civil
societies- Developed Codes f conduct – e.g
Hospitality industries , Transport Companies.
 Among local mining companies- through
sensitisation entered into social contractsenforced by Community monitoring Groups
 Large cooporations: respect Government Labour
laws for fear of being penalised- but some get
away from being penalised as a result of
corruption.
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Challenges
Prosecution under the law has not been effective as a result of
lack of technical know how, corruption ,lack of witness protection
programmes, silence of the victims and intimidation of traffickers.
 Apart from National laws there are also various Bilateral agreements
among States within the Region and with other countries mostly
destination countries outside the Region. Some of them are one
sided agreements which favour the destination countries.
 The response of destination countries in the developed world has
been the imposition of strict migratory rules which have resulted in
driving prospective migrants aground creating illegal and unsafe
migration which further provides fertile grounds for traffickers and
human smugglers who exploit innocent Africans in desperation.
 Global businesses which require unskilled labour as a result of the
strict migratory rules are denied the opportunity of acquiring
legitimate workers and have to resort to the trafficking chain for
supplies into their workforce.
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Challenges Contd.
 The Language of the Palermo Protocol is too weak in
extracting serious commitments from State Parties to addres
the Root Causes of trafficking which is Poverty.
 Need for review in line with the global Priority commitments
under the MDGS to eradicate extreme poverty and women’s
empowerment in 2015.
 The issue of trafficking has gender dimension that needs to
be specifically addressed.
 Under representation of women in decision making and
underdevelopment of women generally is a challenge to
curbing human trafficking especially in Africa.
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Corruption and bad governance undermines the political will of many
African countries to bring to justice both small and big corporations tha
a engaged in use of trafficked victims in their supply chain. .
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Recommendations
More studies and investigations on the supply chain to
businesses in Africa.
 Re-designing the global business to recognise the real
needs especially of unskilled labour and human resources
so that instead of ignoring these needs Countries will put in
place migratory rules that do not discriminate on account
of skilled and unskilled labour.
 Small and medium scale usually ignored in the global
sector.
 Industries where language will not be a barrier for its
operation and which absolve trafficked victims such as
Tourism, Entertainment Cleaning business, Sex Tourism,
hospitality should be closely monitored by the Labour
Ministries and under a transparent procedure.
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Recommendations & Way Forward
Increased interventions by civil society groups in creating awareness
assisting in the prevention and protection of
Victims especially in source and receiving communities.
 Education of the populace and law enforcement agencies on the
existing laws.
 Collaboration among the different law enforcement and security
agencies- such as police, immigration, customs.
 Inter-Ministerial Collaborations- to implement the respective National
plan of Action.
 Inter-Governmental collaboration from the human rights perspective
taking the interest and protection of victims as paramount.
 Need to address the issue from a wholistic point of view- Collaboration
towards the elimination of extreme poverty in developing economies
and towards the achievement of the Millennium development Goals
•
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Conclusion
More importantly there is need for all hands to be
on deck to address the issue of human trafficking in
the supply chains of Businesses, to prevent the
crime, protect the victims and ensure that the
traffickers do not get away with impunity.
 Thank you for Listening

Bisi Olateru-Olagbegi LLB.B.L. MCI (Arb.) U.K.
Executive Director
Women Consortium of Nigeria ( WOCON)
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REFERENCES
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2011 US Trafficking Report on Nigeria)
http://www.state.gov/g/tip/rls/tiprpt
2012 US Trafficking report on Nigeria
Olateru-Olagbegi, B, Ikpeme A ( 2005) Review of legislations and
policies in Nigeria on human trafficking and forced labour (Available at
www.ilo.org/declaration/info/publications )
International Labour Organisation Global Report for 2005 was titled ‘A
Global Alliance against Forced Labour”
UNESCO Policy Paper No 14.2 ( E) “Human Trafficking in Nigeria: Root
Causes and Recommendations ( available at
www.unesco.org/shs/humantrafficking)
ECPAT International Global Monitoring Report on the status of action
against commercial
sexual exploitation of children
Olateru-Olagbegi Bisi -Brief Overview of the situational analysis of
human trafficking in West Africa NGO FORUM Seventh African Regional
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References
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EU STRATEGY TOWARDS THE ERADICATION OF TRAFFICKING IN
HUMAN BEINGS
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/1
2/455&format=HTML&aged=0&language=EN&guiLanguage=en
United Nations Office on Drugs and Crime (UNODC) on “Measures to
Combat Trafficking in Human Beings in Benin, Nigeria and Togo”
http://www.unodc.org/documents/humantrafficking/ht_research_report_nigeria.pdf
UNESCO publication- Searching for Best Practices to Counter Human
Trafficking in Africa: A Focus on Women and Children By Thanh-Dam
Truong and Maria Belen Angeles
Bisi Olateru-Olagbegi and Anne Ikpeme, Review of Legislation and
Policies in Nigeria on Human Trafficking and Forced Labour, ILO,
January, 2006, 24; available from
http://www.ilo.org/wcmsp5/groups/public/ – -ed_norm/ – declaration/documents/publication/wcms_083149.pdf.
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