Legislative Assistance and other
Activities in Support of the
Implementation of the Trafficking in
Persons and Smuggling of Migrants
Protocols
STRUCTURE OF PRESENTATION
• Definitions
• Criminal acts: characteristics of trafficking in
persons and smuggling of migrants
• Response: what does UNODC do?
• UNODC Model Laws
• UNODC Tools and Activities
Compare & Contrast
Smuggling of Migrants (SoM) v.
Trafficking in Human Beings (THB)
Consent
Exploitation
Border Crossing
SoM
Required
Not required
Required
THB
Becomes irrelevant
Required
Not required
STRUCTURE OF PRESENTATION
• Definitions
• Criminal acts: characteristics of trafficking in
persons and smuggling of migrants
• Response: what does UNODC do?
• UNODC Model Laws
• UNODC Tools and Activities
Trafficking Trends
• Human trafficking affects every country of the world, as
countries of origin, transit or destination
• Sexual exploitation the most commonly identified form
of human trafficking (79%) followed by forced labour
(18%). (Statistical bias?)
• Disproportionate number of women are involved in
human trafficking both as victims and as culprits
Smuggling Trends
•
•
•
•
•
Many irregular migrants resort to smuggling services
Networkisation and professionalization of smugglers
Highly sophisticated versus cheap and risky services
Increased document abuse and visa-smuggling
Smugglers constantly change routes and modus
operandi
• Many smuggled migrants become victims of crime in
the course of being smuggled.
• Smuggled migrants are often exposed to deadly risks
and exploitation. Many people die.
STRUCTURE OF PRESENTATION
• Definitions
• Criminal acts: characteristics of trafficking in
persons and smuggling of migrants
• Response: what does UNODC do?
• UNODC Model Laws
• UNODC Tools and Activities
STRUCTURE OF PRESENTATION
• Definitions
• Criminal acts: characteristics of trafficking in
persons and smuggling of migrants
• Response: what does UNODC do?
• Legislative assistance
• Tools and Activities
Purpose of the Protocols
TIP Protocol
(Article 2)
• Prevent and combat
trafficking in persons
• Protect and assist
victims of trafficking
• Promote cooperation
SOM Protocol
(Article 2)
• Prevent and combat
migrant smuggling
• Protect the rights of
smuggling migrants
• Promote cooperation
+ 4th P = Prosecute offenders
Trafficking Protocol and Smuggling Protocol
both supplementing
the United Nations Convention against Transnational Organized Crime
Promote global adherence
UNODC
Assist States in Implementing the Protocols
Legislation
Criminal justice response
Applying Mandate of TOC & Protocols…
Strategic areas of technical assistance:
1. Prevention and Awareness-raising
2. Data Collection & Research
3. Legislative Assistance
4. Strategic Planning & Policy Development
5. Criminal Justice System responses
6. Protection of Victims & Rights of Smuggled Migrants
7. International Cooperation
STRUCTURE OF PRESENTATION
• Definitions
• Criminal acts: characteristics of trafficking in
persons and smuggling of migrants
• Response: what does UNODC do?
• Legislative assistance
• Tools and Activities
Legislative Assistance
UNODC Model Laws
•
•
•
Development of ML against TIP and against SOM
follows UNODC practice in developing Model Laws
ML against TIP and against SOM developed by
informal Expert Working Groups (EWG)
Existing UNODC Model Laws for civil and common
law jurisdictions are available at:
www.unodc.org/unodc/en/legal-tools/Model.html
UNODC ML - Basis
• United Nations Convention against Transnational Organized
Crime (UNTOC), 2000
–
–
•
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children
–
–
•
Entry into force: 29 September 2003
Parties: 158 (November 2010)
Entry into force 25 december 2003
Parties: 142 (November 2010)
Protocol against the Smuggling of Migrants by Land, Sea and Air
–
–
Entry into force 24 January 2004
Parties: 126 (November 2010)
•
Other international instruments; and
•
Good practices from national legislation
Objectives of ML
Closely Follow “Purposes” of TIP and SOM Protocols
(Art. 2)
• To prevent and combat trafficking in persons and
smuggling of migrants
• To protect the human rights of smuggled migrants and
of victims of trafficking in persons and to assist victims
of trafficking in persons;
• To promote and facilitate national and international
cooperation in order to meet these objectives.
UNODC ML on TIP and SOM
Scope and Structure
• Both are tools that facilitate review and amendment of existing
legislation and adoption of new legislation; designed to be
adaptable to the needs of each State, whatever its legal tradition
and social, economic, cultural and geographical conditions (E.g. for
use in both civil and common law legal systems)
• Contains commentary on mandatory and optional provisions, use
of language, suitability of provision to civil or common law system
• 6 chapters including on: jurisdiction, trafficking and smuggling
specific criminal provisions, victim assistance, immigration &
return, prevention and training.
UNODC ML on TIP and SOM- an example
Article 18 of the Model Law - Establishment of a national coordinating committee (Optional as per the Protocol
although in line with its purpose)
Implementing law and policy on smuggling of migrants is complex and necessarily involves multiple agencies, each of which
will have an important role to play, while operating with different mandates and restrictions. Experience suggests that the
establishment of an inter-agency coordinating body to work on smuggling issues “across government” greatly assists in both
policy and operational coordination. Such a body can provide agencies with a forum that enables them to meet regularly to
undertake planning, discuss legal, policy and procedural issues, and raise individual cases and budgetary issues.
•
•
•
•
•
•
•
•
•
1. The [relevant Minister] shall establish a national coordinating [committee/ body] to be comprised of officials from [insert
relevant agencies], officials from other relevant State agencies and representatives from local government and nongovernmental service providers.
2. The national coordinating [committee/body] shall:
(a) Oversee and coordinate the implementation of this Law;
(b) Develop policy, [regulations,] guidelines, procedures and other measures to facilitate the implementation of this Law;
(c) Develop a national plan of action to ensure comprehensive and effective implementation of this Law, which shall include
a process of periodic review of achievement of aims and objectives;
(d) Oversee and report to [the relevant Minister] [Parliament] on the implementation of obligations under the Smuggling of
Migrants Protocol;
(e) Facilitate inter-agency and multidisciplinary cooperation between the various government agencies, international
organizations and non-governmental organizations; and
(f) Facilitate cooperation with relevant countries of origin, transit and destination, in particular border control agencies.
3. [Insert name of agency/representative] shall be appointed as the [ Secretary/ Secretariat] of the Committee. The
Committee shall have the capacity to establish [subcommittees/working groups] as required.
STRUCTURE OF PRESENTATION
• Definitions
• Criminal acts: characteristics of trafficking in
persons and smuggling of migrants
• Response: what does UNODC do?
• Legislative assistance
• Tools and Activities
Select UNODC Anti-Migrant Smuggling and Anti
Trafficking in PersonsTools
• Prevention and Awareness Raising
– Blue Heart campaign, brochures, web site, other materials
– Film about trafficking in persons
• Data Collection and Research
–
–
–
–
Global Report on Trafficking in Persons, Feb. 2009
Global review of data and research, North and West African review
Tool to harmonise global data collection and research
Issue papers on targets trafficking in persons and migrant smuggling
issues
• Legislative Assistance
– Legislative assessments
– Model Laws to implement the Protocols
Prevention and Awareness-Raising
Data Collection and Research
Select UNODC Tools ...cont’d
• Strategic Planning and Development
– Framework for Action to Implement the Trafficking in Persons Protocol,
and FFA to Implement the Migrant Smuggling Protocol
• Criminal Justice System Response
– Training Manuals for Investigating and Prosecuting TIP and SOM
– Basic and In-Depth
• Protection and Assistance
– Human rights based protection and assistance components of training
manuals, framework for action, model law and other tools
• Regional and International Cooperation
– Tools to facilitate international cooperation eg Mutual Legal Assistance
Request Writer Tool
Strategic Planning and Policy Development
Criminal Justice System Response
Victim Protection and Support
- TIP and SOM Model laws
- Victim centered approach
(supported within all 23 TIP
technical assistance projects)
- Promotion of Law
enforcement – NGO
Cooperation (e.g. regional
project on fostering NGO – Law
Enforcement cooperation in
preventing and combating
human trafficking in, from and
to the Baltic Sea Region)
International Cooperation
• Regional workshops & Handbook on International
Cooperation in TIP cases
– Balkans; East Asia; Central Asia
• United Nations Global Initiative to Fight Human
Trafficking (UN.GIFT)
• Alliance against Trafficking in Persons, OSCE
• Global Migration Group
• Inter-Agency Cooperation Group Against Trafficking in
Persons (ICAT)
THANK YOU!
Contact: ahtmsu@unodc.org