INTERNATIONAL LAWS TO COMBAT HUMAN TRAFFICKING Dr Geeta

INTERNATIONAL LAWS TO COMBAT HUMAN TRAFFICKING Dr. Geeta Sekhon Project Coordinator, UNODC geeta. sekhon@unodc. org

What is human trafficking? Dictionary definition of trafficking – “An illegal trade in a commodity” n Trafficking of human beings is their trade or commercial dealing n Victims from 127 countries undergo exploitation in 135 countries

Dimensions of Human Trafficking n Human trafficking - third most profitable illicit trade, after that of arms and drugs n Generates about US$ 217 billion in revenue, annually*, linked to other organized crimes - human smuggling, drug trafficking, and money laundering n ILO ** - there are 2. 45 million trafficking victims currently under exploitative conditions - estimated that another 1. 2 million persons are trafficked annually * Trafficking in Persons Report, United States Department of State, 2006, p. 13. ** State of the World Population Report, UNFPA, 2006, p. 44.

Trafficking as a process … 1. Recruitment Country of Origin 2. Transportation Country of Transit 3. Exploitation Country of Destination

United Nations Convention Against Transnational Organized Crime, 2000 – Palermo Convention Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2002 Protocol Against the Smuggling of Migrants by Land, Sea and Air, 2002 Protocol Against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition, 2002

Other International Instruments n The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 Article 6 – States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

Other International Instruments … n Convention on the Rights of the Child, 1990 Article 34 … protect the child from all forms of sexual exploitation and sexual abuse. … take all appropriate national, bilateral and multilateral measures to prevent: (a) … child to engage in any unlawful sexual activity; (b) … use of children in prostitution or other unlawful sexual practices; (c) … use of children in pornographic performances and materials. Article 35 … measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.

Other International Instruments … n The ILO Convention on the Worst Forms of Child Labour, 1999 (No. 182) n Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2002

SAARC Regional Instruments n SAARC Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution, 2002 n SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia, 2002

“Push - Pull” Factors n Large supply of potential victims: n Economic difficulties, lack of employment opportunities, poverty, illiteracy, lack of awareness n Growing demand for women and children for sex trafficking / forced/ exploitative labour n Organized criminal networks exploit supply and demand situation: n Trafficking in persons is regarded as a high profit – low risk crime

Purpose of the Trafficking Protocol Article 2 Trafficking Protocol offers a framework for tackling the problem of human trafficking. n To prevent and combat trafficking in persons, paying particular attention to women and children; n To protect and assist victims of such trafficking, with full respect for their human rights; and n To promote international co-operation to achieve above objectives.

Definition of Human Trafficking (Article 3)

Provisions of Trafficking Protocol n Criminalization (Art. 5) n Assistance and Protection of Victims (Art. 6) n Temporary Residence and Repatriation (Art. 7 -8) n Prevention (Art 9) n Information exchange and training (Art. 10) n Border Measures and Documents (Art. 1113)

Government of India Initiatives n Prioritization of combating human trafficking n Strengthening legislation n Better law enforcement response n Training and capacity building n Setting-up specialized Anti Human Trafficking Units

“ The question is no longer: What can be done about human trafficking but rather how we can do more and do it better. There is no time to lose or waste”

THANK YOU http: //www. unodc. org/india