What is Trafficking in Persons?

Trafficking is a PROCESS that consists of 3 stages:

1. Recruitment Place of Originof a person

2. Transportation Place of Transitof a person

3. Exploitation Place of Destinationof a person

Forcible recruitment Victims are forcibly taken

Fully deceptive recruitment Victims are lured by promises of employment or educational opportunities and/ or financial gain and are fully deceived as to the true intentions of the traffickers.

Partially deceptive recruitment Victims may be aware that they are to be employed in a given activity but do not know under what conditions  

Transportation Origin, transit and destination

countries Legally or illegally: Travel by land, air or sea Often accompanied (documents

retained)

Transportation

Trafficking routes will always reflect one consistent factor – victims will be routed to where the demand exists for their services, where the potential profit of their exploitation is the highest.

Exploitation Traffickers transport their victims for

the sole purpose of personal gain, often either to make large amounts of money from their exploitation or to obtain free services or labor.

Sexual exploitation (streets, bars, brothels, massage parlors, saunas, call-girl, escort agencies)

Forced labor (agriculture, fishery, construction, mines, sweatshops, catering)

Domestic servitude Street begging or peddling Forced military service Organ removal Removal of body parts (muti) Children trafficked for adoption Forced marriage

Remember -Not all trafficking occurs in the

same way. The local context and specific situation will

determine who is most at risk and how they are exploited.

UN Protocol DefinitionArticle 3(a) of the UN Protocol:

“Trafficking in Persons shall mean

…the recruitment, transportation, transfer, harbouring or receipt of persons

… by means of the threat or use of force or other forms of coercion, of

abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person

… for the purpose of exploitation.

3 Elements:

Action…

Means…

Purpose…of exploitation

Action Means Purpose

Recruitment

OR

Transportation

OR

Transfer

OR

Harbouring

OR

Receipt

AND

Force

OR

Coercion

OR

Abduction

OR

Fraud

OR

Giving Payments

OR

Deception

AND

Exploitation of Prostitution of Others

OR

Sexual Exploitation

OR

Forced Labour

OR

Slavery

OR

Removal of Organs

Recruitment

Receipt

Harboring

Transfer

Transportation

Threat or Use of Force

Deception

Fraud

Abduction

Coecion

Abuse of Power

Giving or Receiving Payments or Benefits to

Achieve Consent of a Person Having Control Over Another Person

Abuse of a Position of

Vulnerability

Forced Labour or Services

Prostitution or other Forms of

Sexual Exploitation

Removal of Organs

Servitude

Slavery or Practices Similar

to Slavery

Victim Identification Flow Chart for Adults (18 and over)

Mobilization

Means

Exploitation

by means of for the purpose of

Child trafficking: Children are a special case

Trafficking in children can be defined as “the recruitment, transportation, transfer, harboring, or receipt of any person under 18 years of age for the purpose of exploitation.”

Trafficking in children differs from trafficking in adults in that means is irrelevant—only transportation and exploitation needs to be proved for a child to be trafficked.

Unlike adults, children can never voluntarily or willingly enter into an arrangement that results in trafficking, even if the parents give their consent. Therefore, all movement of children by another person for the purpose of exploitation constitutes trafficking, regardless of the means employed

Recruitment

Receipt

Harboring

Transfer

Transportation

Forced Labour or Services

Prostitution or other Forms of Sexual

Exploitation

Removal of Organs

Servitude

Slavery or Practices Similar

to Slavery

Victim Identification Flow Chart for Children (persons under 18)

Mobilization Exploitation

for the purpose of

How do traffickerscontrol their victims?

Physical imprisonment

Debt bondage

Removal of ID’s/passports and travel documentation

Threats of arrest, imprisonment or deportation

Isolation - linguistic and social

Use of violence and fear

Use of shame

Use and threat of reprisal against victims’ families

Use of Voodoo and Magic/Juju Rituals to frighten

victims

What is Debt Bondage?• During recruitment, a victim may agree to repay the trafficker a sum of money, usually to cover the costs of travelling to the foreign country where she has been promised a job.

• Later, once she has been transported to the destination country, the trafficker will force the victim to repay a far bigger sum of money than was originally agreed. He may, for example, exaggerate the sum of money that was paid for the victim’s travel and accommodation; simply increase her debt without any reason at all; or repeatedly fine her a sum of money for breaking rules that he has set for her.

• Once she begins to work, therefore, all the victim’s earnings go towards repaying what is owed to the trafficker, usually an ever-increasing amount of money. She may have little chance of being released until the full amount has been repaid.

• Traffickers frequently impose new debts on their victim whenever they like or may sell the victims to other traffickers who will demand the repayment of a new debt.

Myth?: All victims of trafficking are

women and children

Fact: Much of the existing research on trafficking has found women and children to be the majority of victims. Most research, however, has focused on sexual exploitation. More research is needed on labor exploitation, where men are often more at risk to be trafficked

Myth?: Only uneducated, poor people are

trafficked

Fact: Though some victims are vulnerable because they live in poverty, all types of people are trafficked. For example, in some parts of the world, highly educated women are at risk because there are few jobs available to them where they live and they seek out other opportunities

Family members Friends Acquaintances (somebody who know

somebody who can give you a nice job in South Africa)

Criminal gangs or syndicates International organized crime groups

Transport providers (taxi drivers, long distance truck drivers, bus drivers, sailors)

Professionals (individuals involved in adoption of babies, lawyers, health professionals)

Government officials (immigration, border police and other law enforcement agencies)

Gains

One of the most lucrative crimes in the world

Few risks for traffickers (lack of legislation, corruption, lack of law enforcement)

Low cost of doing business

Victims can be repeatedly exploited or sold

Smuggling

a) “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;

(b) “Illegal entry” shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;

3 Differences Trafficking Smuggling1. How money is made

Exploitation of victim in destination country

Helping people cross borders illegally

2. The question of consent (agreement)

Potential victim agrees to travel on basis of false information

Client agrees to travel with full information about journey, destination and costs

3. Relationships Trafficker-Victim Smuggler-Client

Trafficker-Victim

Relationship continues in country of destination

Smuggler-Client

Relationship ends once border is crossed in country of destination

In Trafficking in Persons:• Rarely advanced payment• Deliberate and targeted recruitment of

specific types of potential migrants• Victims forced or deceived• Intent of trafficker• Danger to the victim (when)

Essential Elements of Trafficking Definition

• Activity recruitment, transportation, transfer, receipt of persons

• Means threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or a position of vulnerability or giving or receiving of payments or benefits to achieve the consent of a person having control over another person

• Purpose Financial profit through exploitation

Each of the essential elements must be present and linked to each other to constitute a trafficking offence

Essential Elements of Smuggling Definition

• Activity transportation and transfer of persons

• Means no element of distortion of the free will of the person, either by force , deception or abuse of power. In most smuggling cases, the intending irregular migrants seek and initiate the contact with smugglers themselves to realize their objective of crossing the border into a third country illegally

• Purpose financial profit from the illegal border crossing

Trends,Causes and

Consequences

Myth?: Trafficking is only a problem in

Eastern Europe and Southeast Asia

Fact: Trafficking occurs in all parts of the world. Globalization and the increasing inter-connectedness of the world have contributed to an increase in the occurrence of this transnational crime

Scale of the Problem

600,000 – 800,000 people are trafficked every year globally (US government, 2006)

Globally, 1 Million children trafficked annually (UNICEF)

32 Billion USD annual profit, comparable to narcotics trafficking (UNODC)

Trafficking in Persons is the 2nd largest criminal activity in the world, following illegal drug sales, and just ahead of arms sales.

Seduction, Sale & Slavery: Trafficking in Seduction, Sale & Slavery: Trafficking in Women and Children for Sexual Exploitation in Women and Children for Sexual Exploitation in Southern Africa (2003)Southern Africa (2003)

Breaking the Cycle of Vulnerability: Breaking the Cycle of Vulnerability: Responding to Responding to the Health Needs of Trafficked the Health Needs of Trafficked Women in East & Women in East & Southern Africa (2006)Southern Africa (2006)

No Experience Necessary: The Internal No Experience Necessary: The Internal Trafficking Trafficking of Persons in South Africa (2008)of Persons in South Africa (2008)

Wolves in Sheep’s Skin: A Rapid Wolves in Sheep’s Skin: A Rapid Assessment of Assessment of Human Trafficking in Musina, Human Trafficking in Musina, South Africa (2010)South Africa (2010)

South Africa is a source, transit and destination South Africa is a source, transit and destination country.country.

South African women & girls trafficked internally and South African women & girls trafficked internally and occasionally onward to Asian countries for sexual occasionally onward to Asian countries for sexual exploitation.exploitation.

Chinese, Thai and Eastern European women are Chinese, Thai and Eastern European women are trafficked into S.A. for debt-bonded sexual exploitation.trafficked into S.A. for debt-bonded sexual exploitation.

Mozambique, Lesotho, Malawi as well as refugee Mozambique, Lesotho, Malawi as well as refugee producing countries e.g. Angola, Rwanda, DRC are producing countries e.g. Angola, Rwanda, DRC are source countries for women & children trafficked into source countries for women & children trafficked into S.A.S.A.

Men/ young boys from Malawi, Mozambique and Men/ young boys from Malawi, Mozambique and Zimbabwe are trafficked into S.A for agricultural labour.Zimbabwe are trafficked into S.A for agricultural labour.

Victims most often reported to be black or coloured and under Victims most often reported to be black or coloured and under the age of 30the age of 30

Victims most often reported to be recruited from rural areas Victims most often reported to be recruited from rural areas or informal settlements are transported to urban centresor informal settlements are transported to urban centres

Boys under the age of 18 are increasingly lured into sexual Boys under the age of 18 are increasingly lured into sexual exploitation, frequently for use in pornographyexploitation, frequently for use in pornography

West African organized crime syndicates operate heavily in West African organized crime syndicates operate heavily in Pretoria, PE, Joburg and Bloemfontein and traffic local black Pretoria, PE, Joburg and Bloemfontein and traffic local black South African females into commercial sexual exploitation.South African females into commercial sexual exploitation.

Organized crime syndicates that are operated by foreign Organized crime syndicates that are operated by foreign nationals use South Africans as recruitersnationals use South Africans as recruiters

In respect to commercial sexual exploitation, women are just In respect to commercial sexual exploitation, women are just as likely to be recruiters as menas likely to be recruiters as men

Men and boys are recruited to work on farms under false Men and boys are recruited to work on farms under false promises of pay and suitable accommodation. Boys who are promises of pay and suitable accommodation. Boys who are not in school are more frequently targetednot in school are more frequently targeted

Advertisements in newspapers have been used as a Advertisements in newspapers have been used as a recruitment technique to deceive young women into the sex recruitment technique to deceive young women into the sex industryindustry

Evidence of trafficking for sexual exploitation, sexual Evidence of trafficking for sexual exploitation, sexual slavery, labour exploitation, sale of illegal substances slavery, labour exploitation, sale of illegal substances and goods, forced criminal activity, extortion and other and goods, forced criminal activity, extortion and other forms of exploitationforms of exploitation

Many migrants are at risk of being trafficked as they are Many migrants are at risk of being trafficked as they are uninformed of immigration procedures and are not uninformed of immigration procedures and are not aware of the dangers of traveling through non-border aware of the dangers of traveling through non-border post crossingspost crossings

The most at risk are victims of sexual and gender-based The most at risk are victims of sexual and gender-based violence, women and girls involved in prostitution and violence, women and girls involved in prostitution and transactional sexual behaviour and unaccompanied transactional sexual behaviour and unaccompanied minorsminors

Suspected trafficked persons are vulnerable to sexual Suspected trafficked persons are vulnerable to sexual and reproductive health problems, STIs including HIV, and reproductive health problems, STIs including HIV, physical trauma, negative psycho-social reactions, physical trauma, negative psycho-social reactions, malnutrition, and have limited access to health caremalnutrition, and have limited access to health care

Root Causes of Trafficking in Persons

Poverty Globalization of povertyLack of employment

opportunitiesSocial and political conflictSocial and cultural

practicesFeminization of migrationGender discriminationLack of information

Demand for inexpensive laborfor sex services

Restrictive immigration policies

Consequences

Individual Communities

•Abuse, coercionIncrease of irregular migration

Illegal status in country of

destination

Presence of criminal activities and

organizations

Treated as criminals Problems of national security

Risk/danger of death and serious

diseases

Violation of National legislation

Difficult reintegration and

stigmatization upon return

Public Confidence

What crimes are committed by Traffickers?

Recruitment Transportation Exploitation Other crimes

Document Forgery Document Forgery Extortion Money Laundering

Kidnapping /

Abduction

Violations of Immigration Law

False imprisonment

Tax Evasion

Fraud Corruption of Officials Unlawful coercion Corruption of officials

Withholding Documents Violations of Immigration Law

Other forms of organised criminal activities (e.g. drug smuggling)

Sexual Crimes Document Theft

Violence Assault, Sexual Abuse and Rape

Deliberate spread of HIV

Torture and Death