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S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Child Trafficking in Canada International Bureau for Children’s Rights Conference:

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Presentation on theme: "S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Child Trafficking in Canada International Bureau for Children’s Rights Conference:"— Presentation transcript:

1 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Child Trafficking in Canada International Bureau for Children’s Rights Conference: “Making Children’s Rights Work: National and International Perspectives” Montreal, Quebec November 20, 2004

2 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Human Trafficking: Global Phenomenon Trafficking in humans – modern day slavery, unprecedented in scope, incidence and impact. Victims: primarily women and children for sex trade but also for forced labour or as drug mules; children also trafficked for forced begging, body organs, child soldiers and camel jockeys. Incidence: UNICEF estimates 1.2 million children worldwide are trafficked each year. US (June 2004) – estimates 600, ,000 persons trafficked globally as follows:  Girls: 23% into commercial sex trade; 11% into other forms of exploitation  Boys: 10% into commercial sex trade; 6% into other forms of exploitation  Women: 33% into commercial sex trade; 14% into other forms of exploitation  Men: < 1% into commercial sex trade; 3% into other forms of exploitation.

3 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Human Trafficking: Global Industry Trafficking into Canada: estimated 800 persons are trafficked into Canada and between 1, ,200 persons are trafficked from Canada to the U.S. each year. Flow: predominantly from developing to developed nations; and within countries. Profit: TIP generates billions of dollars annually and ranks 3 rd behind drugs and firearms as top revenue generator for organized crime. International Organization for Migration - estimates illegal trade in trafficking and smuggling of persons produces close to $10 billion U.S. per year globally.

4 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Children: Risk Factors  Children’s physical, economic, social and legal dependency on adults.  Greatest risk of sexual abuse: from someone known to child or family member.  Commercial sexual exploitation of children – fuelled primarily by local demand, exacerbated by child sex tourism.  Demand: UNICEF estimates 1-2 million children, worldwide, exploited annually in multi-billion dollar sex trade industry.

5 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S International Legal Framework International legal response addresses TIP as human rights, criminal, immigration and labour issues and includes following child-specific instruments: Convention for the Suppression of Traffic in Women and Children, as amended by the Protocol to Amend the Convention for the Suppression of the Trafficking in Women and Children, 1947; Convention on the Rights of the Child, 1989; Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, 2000; Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2000; ILO Convention 182 on the Worst Forms of Child Labour, 1999; Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993; Convention Against Transnational Organized Crime, 2000 and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, 2000; and Protocol against the Smuggling of Migrants by Land, Sea and Air, 2000.

6 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S International Legal Framework (cont’d) Related international measures include: First (1996) and Second (2001) World Congresses Against the Commercial Sexual Exploitation of Children: Declaration and Agenda for Action. Trafficking Defined: U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol), three elements of human trafficking: 1.Recruitment, transportation, or harbouring of person (cross-border or domestic); 2.By means of threat or use of force, coercion or deception; and 3.For the purpose of exploitation, such as forced labour, sexual exploitation or other forms of servitude. Trafficking vs. Migrant Smuggling: Human smuggling involves illegal movement of persons across international borders who are usually free to go upon their arrival at the destination country: UN Protocol Against Smuggling of Migrants by Land, Sea and Air (Smuggling Protocol).

7 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Canada’s Responses Complex and multiple dimensions of human trafficking and trafficking-related conduct requires broad, comprehensive and coordinated response that includes:  Legal Framework: to effectively criminalize conduct;  Comprehensive policies, programs and other measures to combat trafficking;  Training and education/awareness: law enforcement, immigration and other officials and public;  International cooperation and collaboration; and  Partnerships. Canadian focus: ensuring that traffickers are held accountable; supporting and protecting victims of trafficking; and prevention of human trafficking.

8 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Canada: Prosecution of Traffickers - Legal Framework Immigration and Refugee Protection Act, 2002 (IRPA) trafficking in persons offence (s. 118): maximum penalty of life imprisonment and/or a $1 million fine and includes list of extensive aggravating factors for sentencing purposes; new smuggling in persons offence (s. 117): maximum penalty of 10 years imprisonment and/or a $500,000 fine for a first offence and a maximum penalty of 14 years imprisonment and/or a $1 million fine for a subsequent offence. Criminal Code of Canada: Addresses trafficking and trafficking-related conduct through various provisions including: kidnapping, forcible confinement, uttering threats, extortion, robbery, assault with a weapon, sexual assault, prostitution-related prohibitions (including against soliciting, procuring, living on the avails of prostitution, keeping a common bawdy house); organized crime; and forfeiture and restitution. Children: specific prohibitions against sexual abuse of children, including obtaining or communicating with anyone for purpose of obtaining sexual services of person under 18 years; and against child sex tourism. October 5, 2004: Government Commitment to table legislation to better protect against trafficking in persons (Speech from the Throne).

9 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Canada: Protection of Victims Immigration and Refugee Protection Act, 2002, victims of trafficking may be entitled to remain in Canada and/or subsequent access to services, including:  Person in need of Protection  Temporary Residence Permit  Humanitarian and Compassionate Grounds  Temporary stay of removal order where judicial proceeding  Refugee status

10 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Canada: Protection of Victims (cont’d) Protection of victims of crime - shared responsibility between federal and provincial/territorial governments. Federal, Provincial and Territorial Attorneys General endorsed the 2003 Canadian Statement of Basic Principles of Justice for Victims of Crime which affirms that: safety and security of victims should be considered at all stages of criminal justice process and appropriate measures should be taken when necessary to protect victims from intimidation and retaliation. information should be provided to victims about available victim assistance services, programs, and means of obtaining financial reparation. Proposed criminal law reforms before Parliament (Bill C-2 - Protection of Children and other vulnerable persons) propose numerous reforms to facilitate the receipt of testimony by child victims/witnesses and other vulnerable victims/witnesses.

11 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Canada: Prevention Recent prevention and awareness raising initiatives on TIP include: “One person, one passport policy” requires children to use their own passports, thereby reducing opportunities for traffickers to traffic children by posing as parent of child; March 2004 Training Seminar for Canadian police, prosecutors, immigration, customs and consular officials on trafficking in persons; Anti-trafficking poster and pamphlet (14 languages) broadly distributed including to Canadian Embassies and NGOs with access to potential trafficking victims in source states; Government of Canada TIP website (http://canada.justice.gc.ca/en/fs/ht/index.html);http://canada.justice.gc.ca/en/fs/ht/index.html March 2004, Government of Canada and Canadian Ethnocultural Council co-hosted community-awareness TIP forum;

12 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Canada: Prevention (cont’d) March 2004: federal policy makers met with NGOs and academics to discuss anti-trafficking measures; Canadian International Development Agency – e.g., Child Protection Action Plan supports programming in developing countries and focuses on war-affected children, exploitative child labour and children exploited in sex trade. Other related initiatives addressing commercial child sexual exploitation and child sex tourism: revised Government of Canada’s tourism materials including “Bon Voyage”; Developed pamphlet: “What No Child Should Endure”; developed guidelines for Canadian Consular officers; and hosted “Out from the Shadows: International Summit of Sexually Exploited Youth” (1998).

13 S E R V I N G C A N A D I A N S A U S E R V I C E D E S C A N A D I E N S Next Steps February 2004 – Federal Interdepartmental Working Group on Trafficking in Persons, representing 17 federal departments and agencies, established and mandated to coordinate federal efforts to address human trafficking and develop comprehensive federal anti-trafficking strategy. Summary: Complex and global nature of human trafficking requires concerted efforts at local, national and international level, by governments and civil society and across all sectors.


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