JTA Human Trafficking Forum - Permanent Secretary's Presentation

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HUMAN TRAFFICKING
1
“THE JAMAICAN
GOVERNMENT'S POSITION”
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
1-888-PROTECT
natfatip@moj.gov.jm
3/12/2015
2
CONTEXTUAL BACKGROUND
• Prior to doing an elaboration on the Government’s position on human trafficking,
an appropriate contextual background is being provided
• to highlight the nature of this offence and its serious implications, and outline
• the proactive and vigilant response of the Government of Jamaica to this
scourge
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
3
WHAT IS HUMAN TRAFFICKING?
• Definition I
• Criminal offence
committed when someone obtains or holds a person in compelled service
It involves the exploitation of another for the purposes of compelled labour
or commercial sex act through the use of force, fraud or coercion
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
4
WHAT IS HUMAN TRAFFICKING ?
DEFINITION II
According to the UN Palermo Protocol:, there are three main ingredients:
• Activity – recruitment, transportation, transfer, harbouring or receipt of
persons
• Means – Deception, threats, abuse of power, fraud and abduction
• Purpose – Exploitation of Persons - Prostitution, sexual exploitation, forced
labour, slavery servitude and forced marriage
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
5
MODUS OPERANDI OF
TRAFFICKERS
• Promise of good job in another country
• Kidnapping potential victims
• Advertising “too good to be true” jobs in the newspapers, on
social media sites and the internet
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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THE JAMAICAN SITUATION
• Jamaica is classified as a source, transit and destination country
• Risk factors include – unemployment, poor education
• Motivating factor – economic need
• 2007 Study - Dunn & Ricketts showed:
Majority of victims are females
Children and women are most vulnerable groups
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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GOVERNMENTAL RESPONSE/POSITION
• Government is committed to the cause
combating
human
trafficking
employing
proactive, vigilant and remedial approach
of
a
• Position is strategically aligned to the UN Protocol on
the Prevention, Suppression and Punishment of
Trafficking in Persons, reflected in our domestic
legislation
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
8
GOVERNMENTAL RESPONSE/POSITION II
• Buttressed by the Minimum Standards for the
elimination of Trafficking in Persons and heightened
awareness of the social realities that persist in
Jamaica
• Guided by the 3-P approach – Prevention, Protection
and Punishment, executed by the National Taskforce
Against Trafficking in Persons
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
9
THE THREE P’S APPROACH
•Prevention
•Protection
•Prosecution
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
10
PREVENTION
• Research has shown that little or no education increases
vulnerability and provides the basis and rationale for the
Prevention Strategy
• Education allows all citizens, especially children, to guard
against its negative impact
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PREVENTION
• There is an extensive public education and outreach campaign
including:
• Engaging in Outreach Programmes for schools
• Developing Outreach Project for parents, teachers and guidance
counselors
• Collaboration with various media entities to produce creative
programmes to further highlight the dangers of human trafficking
• Using social media and other message applications
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PREVENTION
• Training of relevant State actors
• Sensitizing young women at nightclubs and massage
parlours on the dangers of trafficking
• Incorporation of TIP in the JCDC Competitions for 2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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TIP CURRICULUM!!
• Introduction of Trafficking in Persons at the secondary level
• To be commenced by September 2015 will seek to educate
students about the dangers of Trafficking in Persons, a
violation of human rights and the consequences associated
with this offence
• Curriculum will inevitably cause children to become vigilant
and proactive, capable of making informed decisions
about their future
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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HEALTH SENSITISATION SESSIONS
• Sessions were conducted in the Ministry of Health,
where medical professionals were sensitised on
Mental Health in children and the issue of human
trafficking
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROTECTION
• Guidance is also provided by The Minimum Standards for the
elimination of Trafficking in Persons, which stipulates that Governments
should protect victims of severe forms of trafficking and encourage
their assistance in the investigation and prosecution of such trafficking
• Given the serious issues relating to victim protection, including fear of
reprisals and death threats, the Government is vigilant in its stance to
safeguard against these effects, by employing various measures
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROTECTION
• Operation of TIP Shelter to house victims
• There is ongoing collaboration with Non-Governmental
Organizations in identifying additional shelter
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROTECTION
• Legislative provisions – The Trafficking in Persons (Prevention, Suppression
and Punishment) Act 2007 and its 2013 Amendments contain detailed
provisions
• Assistance in understanding the laws of Jamaica and their rights as victims
• Assistance in obtaining the relevant documents and information to assist
with legal proceedings
• Assistance in meeting expenses related to criminal proceedings against the
traffickers
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROTECTION
• Witness Protection Programme
• Placement of high-risk victims in the care of the Witness Protection
Programme, where they are needed for trials
• Memorandum of Understanding
• Development of a Memorandum of Understanding with the aim
of establishing a standard protocol to govern TIP data collection and
information sharing among key stakeholder
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROSECUTION/PUNISHMENT
• Vigilance in tracking, investigation and prosecution to ensure that the
perpetrators of this horrific crime are punished
• Guidance is also reflected in The Minimum Standards for the elimination of
Trafficking in Persons, which prescribes that Governments should vigorously
investigate and prosecute severe forms of Trafficking in Persons
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
20
PROSECUTION/PUNISHMENT
• The legislation prescribes the measures to be taken
in securing a prosecution, including procedures
relating to entry on premises, search, and seizure
of potential evidence
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROSECUTION/PUNISHMENT
JCF Trafficking in Persons Unit
• Establishment of a Trafficking in Persons Unit at the Jamaica Constabulary
• During 2014/15, thirty-one raids were conducted ; twelve victims were
identified and rescued
• Thirty-five new trafficking in persons investigations launched
• Five persons were arrested and charged
• Eighteen others were arrested and charged for offences akin to human
trafficking
• Displacement of two of the major prostitution rings in Kingston and St. James
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROSECUTION/PUNISHMENT
Training of Police, Prosecutors and Judges
• The Police, Prosecutors and Judges have been sensitised to the
nuances which may exist in prosecution of trafficking cases and in
general handling of TIP matters
• The intention is to ensure that trafficking cases are effectively and
expeditiously handled
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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PROSECUTION/PUNISHMENT
Appointment of a National Rapporteur
Most recently, a Rapporteur for trafficking in persons was appointed to
among other things
• Conduct independent examinations and investigations of reports
of alleged human trafficking
• Report on violations, and
• Provide an analytical overview of the situation in trafficking in an annual
report to the Government
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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CONCLUSION
• The Government continues on its proactive and
vigilant stance in ensuring that the citizens of
Jamaica and other persons resident in our island are
made aware of human trafficking
• Victims are afforded adequate protection and the
offenders of this crime are punished
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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CONCLUSION
• The Government’s position ON Human Trafficking is
PROACTIVE, VIGILANT, RESTORATIVE and REMEDIAL
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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• Be wise, open your eyes, spot them, stop them!
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3/12/2015
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