Human trafficking essay plan PDF

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Human trafficking essay plan...

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Gender and the Law Workshop Preparation for 27 and 29 January 2020 Trafficking

Essential Reading: *Pages 1 – 11 of ‘Before the Harm is Done’ (Anti-Trafficking Monitoring Group – on BB) *Please feel free to read any other section of the document OR any of the other sources on BB if you have the time and inclination. They will all feed into the essay. Task: Read the source above. Using this and your lecture notes, prepare a rough essay plan using what you have read, and bring it to class with you.

Essay question: “Why has it proven so difficult to combat human trafficking?” N.B. This is a fairly broad question – please don’t feel like you have to include everything. For guidance, here are a few ideas in case you get stuck, feel free to concentrate on certain issues if you want – you guys work very hard so let’s start off with some clues for once. I don’t want to run you into the ground: 1) Root causes of trafficking – (push and pull factors), what are they, why are they hard to combat? 2) Prosecution of traffickers and prevention of trafficking – what problems have we seen there? 3) Identification and treatment of victims – are there any significant failings there that mean we are not adequately combatting trafficking?

“Why has it proven so difficult to combat human trafficking?”

Introduction Statistics Definition - What is Human Trafficking?  ‘“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.’ (Article 3 UN Trafficking Protocol, Article 4 CoE Trafficking Convention, Article 2 EU 2011 Trafficking Directive) Trafficking v smuggling – can be difficult for authorities to tell the difference (or conveniently label as smuggled) 1) Root causes of trafficking *Push and pull factors Push: poverty, gender inequality, violence, economic transition (Special rapp of the UN for V.A.W), war conflict Pull: demand for cheap labour, sexual services, steady employment, better living conditions Aronowitz – “usually migrants choose to leave their home country….” – can start off voluntary. There are often a combination of factors underpinning the continuance of HT. Some of these things are endemic in society – paradigm shifts are hard to create, wars create instability, how do we stop that? Before the harm is done (ATMG) – “trafficking is linked to structural violence…” Before the harm is done (ATMG) - ILO says 25% of the people globally in force labour are women. FEB 2009 UN OFFICE DRUGS AND CRIME – TIP REPORT – worldwide rise in HT due to demand for cheap goods and services.

Before the harm is done (ATMG) – the causes are more systemic – they come from govt policies and practices (immigration etc) which does not protect workers rights and makes people more vulnerable. 2) Prevention, prosecution Prosecution: The original aim – UN Protocol 2000 – was all about prosecution and nothing for victims. (more on that later) Protocol, CoE Convention, EU Directive – ask states to prosecute HT. It has to be against the law – Modern Slavery Act 2015 – criminalises HT and MS. Difficult to identify traffickers – victims don’t want to give evidence. E.g. Anthony Harrison – juju – victims would not speak to police for 2 years. Very low prosecutions prior to the MSA 2015 – Lack of successful Convictions – 2012 report on HT – 165 prosecutions in 2011 and 2012 and only created 49 successful convictions. This improved in later years – in 2016/17 295 prosecutions and 181 convictions (ATMG). ATMG – there is a lack of resources for tackling HT – key issue identified by research – budget cuts – prosecution and prevention. UK tried to address issues with the NRM, but there are many problems with it… Prevention: Chapter II of the CoE Convention “sets out a framework for preventing trafficking, recognising that a holistic approach is required and that diverse measures should be implemented, including: • social and economic initiatives to address the structural and root causes of trafficking; • public awareness, training and education; • prioritising awareness of legal migration and supporting the facilitation of legal migration; • reduction of vulnerability to re-trafficking through adequate reintegration programmes.” ATMG – UK rubbish at prevention – too much focus on immigration control. ATMG report – research shows no strategic and coordinated approach….preventing child trafficking. (UK gov not looking after refugee children.) 3) Identification of victims/treatment of victims CoE Convention 2005 – Article 10 – process needed to ID victims. (UK implemented it in 2009)

MSA 2015 – NRM review of pilot training – there is a duty upon authorities to respond to incidents of suspected T and S – s.52 Investigate the case, and ID the victim. Victim ID – NRM: “Front line professionals use indicators….” On the slides. Only certain authorities are allowed to refer a potential victim. Highly criticised – NRM Pilot study – lack of adequate training for those identifying victims, professionals involved in ID fail to recognise incidences of trafficking. No route of appeal…. First responders training – was not approved by any formal system. NRM – 45 days rest and recovery – not long at all – serious trauma – sexual trauma (Feder 2010) – slides. X ref – Anthony Harrison case – 2 years for victims to speak to police. Re-trafficking potential, or risk of vulnerability if people are returned…. Multi-agency issues – they don’t well communicate with each other – this can lead to victims not being ID’d – the legal basis behind the NRM envisages multi-agency co-operation, and Art 10 CoE Convention requires this too. R v O - good example of what happens when we fail to notice and identify someone as trafficked. Lack of effective investigation – HR abuses: case law here: Siliadin v France Ranstsev v Russia and Cyprus OOO v Met Police Commissioner – Authorities failed to investigate reports of HT, told the reporting person not to get involved, and the women were held for longer in slavery and servitude – Arts 3 and 4 ECHR WERE BREACHED) Long term treatment of victims – is long term support sufficient? Lack of residence permits for victims etc – programmes operate without monitoring or evaluation. So….there is inconsistency of long term support. Ventrella - calls for residence permits for all victims. Conclusion...