1. Preventing trafficking in women and girls
Anju Dubey Pandey,
Resource person SIRD ODISHA

2. Agenda Human Trafficking Vulnerability of women and girls
Prevention and Role of EWRs

3. TNA: Y/N I understand the concept of trafficking and its elements
It happens only through force and for sexual exploitation
Men always migrate for work of their own free will and therefore do not experience violence
Trafficked victims are found only in brothels
All traffickers are from cities
A FIR for a trafficked case can be lodged only at the point of destination
It is the individuals responsibility to protect herself
Only the victim and/or her family members can file an FIR
I am aware of Anti-Human Trafficking Units, Special Juvenile Police Unit and Trafficking Police Officer
Just Knowledge among EWRs can prevent trafficking

4. Human Trafficking: Global
Human trafficking a systematic violation of human rights
It is the third most profitable illicit trade, after that of arms and drugs
Generates about US$ 217 billion in revenue, annually*, - linked to other organized crimes - human smuggling, drug trafficking, and money laundering
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.

5. Trafficked Persons: South Asia
Home to second largest numbers of internationally trafficked persons…150,000 annually*
India, Bangladesh and Nepal are major source countries for trafficking of women and children
Estimated that 50% of all female sex trafficking victims in South Asia are under age 18 at the time of exploitation**
Media Report : 6,88751 ‘registered’ sex workers in India : not mandatory for them to have a health certificate on STDs ***
However, due to the clandestine nature, all statistics, even at their best are inaccurate
* Highest estimates from South East Asia: 225,000 , State of the World Population Report, UNFPA, 2006, pg 45
** US State Department, Trafficking in Persons Report
*** Times of India July 2010, reported as reply by the GOI to a RTI filed by a New Delhi resident

6. Fundamental Rights - Constitution
Article 21 – Protection of Life and Personal Liberty
Article 23 – Prohibition of traffic in human beings and
forced labour
The 2002 SAARC Convention on Preventing and Combating
Trafficking in Women and Children for Prostitution, defines
trafficking as :
“the moving, selling or buying of women and children for
prostitution within and outside a country for monetary or other
considerations with or without the consent of the person
subjected to trafficking”.

7. Definition of Trafficking
The UN Protocol, 2000 to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol) which supplements the Convention against Transnational Organized Crime states that “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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

8. Human Trafficking: Elements (Article 3)

9. What Is Human Trafficking?
Only ONE of the elements from each group needs to be present to constitute human trafficking. For example – if a victim is recruited by physical force to serve as a maid, then they would be considered a victim. Or if a victim is transported and coerced into street prostitution by threatening deportation, then they would be considered a victim.
Please note: minor victims cannot consent to commercial sex acts, making “means” void and unnecessary to determine trafficking.
(Source: U.S. Trafficking Victims Protection Act of 2000)

10. Trafficking : a process
1. Recruitment Place of Origin
2. Transportation Place of Transit
3. Exploitation Place of Destination

11. Forms of Trafficking Forced labor Bonded labor Debt bondage
Child soldiers
Camel jockeying
Organ trade
Begging
Illicit adoption
Circus bondage
Forced marriage
Sexual exploitation
Children exploited in commercial sex
Etc etc

12. Vulnerabilities Poverty Lack of livelihood opportunities
Relative disparities of income, employment and livelihoods
Illiteracy
Lack of economic development
Food insecurity
Increase in demand for women and children for sexual and labor exploitation
Growth in crime syndicates
Poor law enforcement
Insensitive social and cultural practices
Natural and human made disasters
Conflict
War
Etc etc….

13. Who are more Vulnerable…
Street children with no guardians;
Adolescent girls, adolescents in general;
Children from families in crisis (e.g., alcoholic parents, traumatized from war or civil conflict);
Single women with children (unmarried, divorced, widowed, or abandoned);
Single women (often traumatized through stigmatization e.g., rape victim, suspicions regarding morality, etc.); and
Women/girl migrants—either alone or with families.
Girl children from vulnerable families/places
Women and girls who are illiterate
Women and girls from disadvantaged groups (SC, ST, girls from Bedia, Kanjar, Devdasi, Nat communities)
Women and girls from areas affected by natural disasters, political conflict etc
Young girls trafficked for child marriage…others….
Example of girls trafficked to Punjab and Haryana due to declining child sex ratio…

14. Type of Risk/vulnerability
Who is/are Vulnerable?
Lifecycle
Street children with no guardians;
Adolescent girls, adolescents in general;
Children from families in crisis (e.g., alcoholic parents, traumatized from war or civil conflict);
Single women with children (unmarried, divorced, widowed, or abandoned);
Single women (often traumatized through stigmatization e.g., rape victim, suspicions regarding morality, etc.); and
Women/girl migrants—either alone or with families.

15. Type of Risk/vulnerability
Who is/are Vulnerable?
Economic
Family that cannot meet basic needs, e.g., large number of dependents without assets; female-headed households; families where one or more member out-migrated;
Livelihood based on arduous labor, especially for women and girls;
High unemployment
Sudden economic shocks
Indebtedness of family—girls living in communities where dowry payments required upon marriage that divert scarce resources; and
Income disparities between rural/urban

16. Type of Risk/vulnerability
Who is/are Vulnerable?
Environmental
Long-term lack of sustainable livelihood from erosion, drought, etc.,
Sudden disaster victims, e.g., cyclones, earthquakes, floods.
Social/Governance
Social capital
Security
Status of women and girls
Stigmatization
Emotional stability
New technologies, access to information, education

17. Vulnerability Mapping : A study by UN Women
Social and demographic (SC, ST, female literacy rate, age specific sex ratio, crime against women, prevalence of HIV AIDS, female out-migration)
Economic(lack of livelihood, ownership of land, food insecurity…poverty,
Cultural(e.g. Devdasi, Jogini, Nat, Bedia )
Environmental (natural calamities)
Six states identified : A.P, Bihar, Jharkhand, Rajasthan, Orissa and West Bengal…
Identification up to the district level.
Secondary data +

18. VULNERABILITY MAPPING

19. Who Are the Victims?
Women and girls account for 80% of victims.
50% of all victims are minors - girls and boys under the age of 18.
Source: U.S. Departments of State and Justice, 2006
Source: U.S. Departments of State and Justice, 2006

20. Who is a trafficker/offender
A trafficker/offender in trafficking crimes includes all
persons, agencies or institutions:
• Involved in any act in the process of trafficking
• Who gains/makes profit/exploits
- As the trafficked person passes through a chain,
- From the final point of source area through the transit area to the point of final destination and
- From any act involved in the process of exploitation of the trafficked person(s)

21. Who can be Traffickers :
Recruiter/Agent of Recruiter
Seller of trafficked person
Buyer of trafficked person
Transporter
Conspirator
‘Customer’/clientele, who create/perpetuate demand
Pimp
Brothel madam
Brothel managers
Financier
Parent(s)/guardian(s) who knowingly sell/cause to sell/traffic their children/ward

22. Scene of Crime (SOC) the source point (e.g., place of recruitment)
the trafficking routes (including mode of transport)
the transit points (e.g., halting places enroute)
the destination point
the points of exploitation (e.g. brothel)
the places where the ‘products’ of exploitation were transferred to (eg. in a case where the CSE was to produce pornography, the SOC includes places where the pornographic materials were sent to, stored, transported, and places where they were sold/purchased, etc).

23. Modus operandi of traffickers
Offering them jobs as domestic servants
Promising jobs in the film world
Coercion Offering money
Luring them with ‘pleasure trips’
Making false promises of marriage
Befriending them by giving goodies
Offering shelter to girls who have run away from home or are street children
Offering to take them on pilgrimages

24. trafficking a continuing crime
Trafficking is an organized and continuing crime. Multiple
crimes can be culled out under trafficking such as:
abduction, kidnapping, illegal detainment, illegal
confinement, criminal intimidation, hurt, grievous hurt,
sexual assault, outraging modesty, rape, unnatural
offences, selling and buying of human beings, servitude,
criminal conspiracy, abetment, etc.
Therefore, multiple abuse and abusers located at different
points of time and place together constitute the organized
crime of trafficking.

25. Some issues… What does the preponderance of women and girls indicate?
Why are more women and girls trafficked ?
Why are more women and girls trafficked for SE?

26. If yes, what is the difference?
Does it mean that women and girls experience trafficking in a different way than men and boys?
If yes, what is the difference?
What are the specific vulnerabilities of women and girls?
Refer to discussion points of the morning session…gender; biological vs social; patriarchy…assigning women ‘reproductive roles’ and men ‘productive roles’…discrimination…marginalization…etc etc
How does women’s less valued role marginalize them from ownership and control over material (land, income etc) and non-material (time, political participation etc) resources?
Bring in discussion on :are ‘women only trafficked’ and ‘men always migrate’?...Dimensions of ‘women migrating’ and ‘men being trafficked’…Roshmi can chip in here

27. How are vulnerabilities linked and one leads to another
How are vulnerabilities linked and one leads to another? (Dalit, Poor,Young,Widowed,Woman, HIV &AIDs)
Where and how does gender intersect with other social categories of caste, class, religion, race and ethnicity?
How the cause-effect indicators reflect a thin line of difference : sometimes difficult to differentiate the cause from effect

28. Therefore …
preponderance of women and girls means it may not help to consider the notion of ‘trafficking in women’ within the context of ‘trafficking in person’
the gender neutral generalization although broadens the concept may prevent us from discovering specific features of trafficking in women and girls
a gendered perspective will reveal the specific ways in which women and girls experiences of trafficking are different from those of men and boys
situate in the context of women and girls as ‘Rights Holders’

29. A gendered perspective on trafficking achieves change by:
Acknowledging that both men and women are trafficked;
Addressing the shared and differed experiences undergone by women and men in trafficking with regards to their vulnerabilities, violations and consequences; and
Addressing the divergent impact policies have on men/boys and women/girls

30. If gender inequities are socially conditioned…how can we change them at an individual and societal level in the direction of justice, equity and partnership between men and women?
Current initiatives/interventions/programmes face at least following three problems :
Lack of prevention initiatives that engage local governance
Lack of attention to change societal attitudes
Traditional vocational trainings have often not led to sustainable livelihoods in rural source areas
Government, UN, Civil Society initiatives…
ADD here

31. Indian Penal Code
Displaced from the community, which is tantamount to kidnapping/ abduction (Sections 361,
362, 365, 366 IPC may apply)
• Procured illegally (s. 366 A IPC)
• Sold by somebody (s. 372 IPC)
• Bought by somebody (s. 373 IPC)
• Imported from a foreign country (if she hails from a foreign country, or even from J&K State, and is under 21 years of age (s. 366 B IPC)
• Wrongfully restrained (s. 339 IPC)
• Wrongfully confined (s. 340 IPC)
• Physically tortured/injured (s. 327, 329 IPC)
• Subjected to criminal force (s. 350 IPC)
• Mentally tortured/harassed/assaulted (s. 351 IPC)
• Criminally intimidated (s. 506 IPC)
• Outraged of her modesty (s. 354 IPC)
• Raped/gang raped/repeatedly raped (s. 375 IPC)
• Subjected to perverse sexual exploitation (‘unnatural offences’) (s. 377 IPC)
• Defamed (s. 499 IPC)
• Subjected to unlawful compulsory labour (s. 374 IPC)
• Survivor of criminal conspiracy (s. 120 B IPC)

32. Prevention Prevention at the demand point
Prevention at the transit area
Prevention at the source point

33. ROLE OF EWRs IN PREVENTION OF TRAFFICKING
GROUP WORK
ROLE OF EWRs IN PREVENTION OF TRAFFICKING

34. Prevention and Role of EWR
Go back to source areas:
Evidence based research…data that is sensitive, comparable and appropriate
Strengthen Civil Registration System, child protection
Capacity development
Capacity building of local government functionaries
Build capacities of fellow ERs
Advocacy for change
Trafficking issues to be raised in Palli Sabhas/Gram Sabhas
Convergence of government programs
Using community resources to create Centres of action to prevent trafficking in source areas (e.g. common property resources, MGNREGA)
Committees as mandated under the Odisha PR Act
Gender responsive budgeting

35. With Community based Anti trafficking task force
Women and Girls
Capacity to assess their own vulnerability to trafficking through self awareness and knowledge
Sustainable Livelihood options
Strong sense of empowerment (most at risk to trafficking in the community are encouraged to access micro credit services)
With Community based Anti trafficking task force
Vigilance, Effective surveillance and watch on suspects
Maintain a list of NGOs showing their expertise, specialization as well as contact address, telephone, , etc.
Identify the vulnerable persons/areas and focus attention on them. Empower them. Let this be a priority.
Pay special attention to the most vulnerable persons. This needs to be top priority.
Mount surveillance for suspects and look-out for victims
Public Awareness, legal awareness, information booths, temporary shelters
Anti trafficking and safe migration messages
With local justice systems (both formal and informal)
Nyaya panchayats
Nyaya Samitis

36. Good Practice
Prayas Bharti, an NGO based at Patna, was instrumental in
rehabilitation of a trafficked girl of 16 years, who was
lodged in jail for two years on the charge of ‘soliciting’. The
villagers refused to accept her back,‘branding’ her as
prostitute.
Prayas Bharti spent one full day with the entire villagers,
speaking to them, coaxing them, and finally convincing
them that the girl is a ‘victim of trafficking’ and a ‘child in
need of care and protection’. The commendable initiative
by this NGO helped in rehabilitation of the girl.

37. Bhoruka Public Welfare Trust has done door-to-door- survey of the vulnerability of women and children in those areas which were trafficking-prone. After the survey, the empowerment programmes which they initiated in partnership with state government and state police agencies have produced such encouraging results that they could ensure that the erstwhile trafficking-prone areas are now “sanitized” and are “trafficking- free”.

38. Need for…
Evidence based research…data that is sensitive, comparable and appropriate
Capacity development
Advocacy for policy change
Gender responsive budgeting

39. Generate strategic information, knowledge and evidence for identifying gender structural causes to inform programming
Mainstream gender and trafficking concerns in national programmes e.g. MGNREGA
Develop capacity of right holders and duty bearers to address the gender related causes and consequences of trafficking
Enhance policy advocacy for effective convergence of programmes that accelerate the process of equalizing gender and power relations
Include and engage men and adolescent boys for a desired change in social attitudes and practices and empowerment of women

40. Women’s and Girls’ vulnerabilities to trafficking are a result of unequal power relations between and among men and women in the society…
and we can CHANGE this…

42. UN Women South Asia Sub-regional Office 19-A Rajdoot Marg Chanakyapuri New Delhi Phone No /28