Presentation on theme: "Preventing trafficking in women and girls"— Presentation transcript:
1Preventing trafficking in women and girls Anju Dubey Pandey,Resource person SIRD ODISHA
2Agenda Human Trafficking Vulnerability of women and girls Prevention and Role of EWRs
3TNA: Y/N I understand the concept of trafficking and its elements It happens only through force and for sexual exploitationMen always migrate for work of their own free will and therefore do not experience violenceTrafficked victims are found only in brothelsAll traffickers are from citiesA FIR for a trafficked case can be lodged only at the point of destinationIt is the individuals responsibility to protect herselfOnly the victim and/or her family members can file an FIRI am aware of Anti-Human Trafficking Units, Special Juvenile Police Unit and Trafficking Police OfficerJust Knowledge among EWRs can prevent trafficking
4Human Trafficking: Global Human trafficking a systematic violation of human rightsIt is the third most profitable illicit trade, after that of arms and drugsGenerates about US$ 217 billion in revenue, annually*, - linked to other organized crimes - human smuggling, drug trafficking, and money launderingILO ** - 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.
5Trafficked 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 childrenEstimated 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
6Fundamental Rights - Constitution Article 21 – Protection of Life and Personal LibertyArticle 23 – Prohibition of traffic in human beings andforced labourThe 2002 SAARC Convention on Preventing and CombatingTrafficking in Women and Children for Prostitution, definestrafficking as :“the moving, selling or buying of women and children forprostitution within and outside a country for monetary or otherconsiderations with or without the consent of the personsubjected to trafficking”.
7Definition 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.”
9What 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)
10Trafficking : a process 1. Recruitment Place of Origin2. Transportation Place of Transit3. Exploitation Place of Destination
12Vulnerabilities Poverty Lack of livelihood opportunities Relative disparities of income, employment and livelihoodsIlliteracyLack of economic developmentFood insecurityIncrease in demand for women and children for sexual and labor exploitationGrowth in crime syndicatesPoor law enforcementInsensitive social and cultural practicesNatural and human made disastersConflictWarEtc etc….
13Who 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.); andWomen/girl migrants—either alone or with families.Girl children from vulnerable families/placesWomen and girls who are illiterateWomen 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 etcYoung girls trafficked for child marriage…others….Example of girls trafficked to Punjab and Haryana due to declining child sex ratio…
14Type of Risk/vulnerability Who is/are Vulnerable?LifecycleStreet 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.); andWomen/girl migrants—either alone or with families.
15Type of Risk/vulnerability Who is/are Vulnerable?EconomicFamily 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 unemploymentSudden economic shocksIndebtedness of family—girls living in communities where dowry payments required upon marriage that divert scarce resources; andIncome disparities between rural/urban
16Type of Risk/vulnerability Who is/are Vulnerable?EnvironmentalLong-term lack of sustainable livelihood from erosion, drought, etc.,Sudden disaster victims, e.g., cyclones, earthquakes, floods.Social/GovernanceSocial capitalSecurityStatus of women and girlsStigmatizationEmotional stabilityNew technologies, access to information, education
17Vulnerability 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 +
19Who 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, 2006Source: U.S. Departments of State and Justice, 2006
20Who is a trafficker/offender A trafficker/offender in trafficking crimes includes allpersons, 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)
21Who can be Traffickers : Recruiter/Agent of RecruiterSeller of trafficked personBuyer of trafficked personTransporterConspirator‘Customer’/clientele, who create/perpetuate demandPimpBrothel madamBrothel managersFinancierParent(s)/guardian(s) who knowingly sell/cause to sell/traffic their children/ward
22Scene 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 pointthe 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).
23Modus operandi of traffickers Offering them jobs as domestic servantsPromising jobs in the film worldCoercion Offering moneyLuring them with ‘pleasure trips’Making false promises of marriageBefriending them by giving goodiesOffering shelter to girls who have run away from home or are street childrenOffering to take them on pilgrimages
24trafficking a continuing crime Trafficking is an organized and continuing crime. Multiplecrimes can be culled out under trafficking such as:abduction, kidnapping, illegal detainment, illegalconfinement, criminal intimidation, hurt, grievous hurt,sexual assault, outraging modesty, rape, unnaturaloffences, selling and buying of human beings, servitude,criminal conspiracy, abetment, etc.Therefore, multiple abuse and abusers located at differentpoints of time and place together constitute the organizedcrime of trafficking.
25Some 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?
26If 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 etcHow 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
27How 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
28Therefore …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 girlsa gendered perspective will reveal the specific ways in which women and girls experiences of trafficking are different from those of men and boyssituate in the context of women and girls as ‘Rights Holders’
29A 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; andAddressing the divergent impact policies have on men/boys and women/girls
30If 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 governanceLack of attention to change societal attitudesTraditional vocational trainings have often not led to sustainable livelihoods in rural source areasGovernment, UN, Civil Society initiatives…ADD here
31Indian Penal CodeDisplaced 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)
32Prevention Prevention at the demand point Prevention at the transit areaPrevention at the source point
33ROLE OF EWRs IN PREVENTION OF TRAFFICKING GROUP WORKROLE OF EWRs IN PREVENTION OF TRAFFICKING
34Prevention and Role of EWR Go back to source areas:Evidence based research…data that is sensitive, comparable and appropriateStrengthen Civil Registration System, child protectionCapacity developmentCapacity building of local government functionariesBuild capacities of fellow ERsAdvocacy for changeTrafficking issues to be raised in Palli Sabhas/Gram SabhasConvergence of government programsUsing 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 ActGender responsive budgeting
35With Community based Anti trafficking task force Women and GirlsCapacity to assess their own vulnerability to trafficking through self awareness and knowledgeSustainable Livelihood optionsStrong sense of empowerment (most at risk to trafficking in the community are encouraged to access micro credit services)With Community based Anti trafficking task forceVigilance, Effective surveillance and watch on suspectsMaintain 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 victimsPublic Awareness, legal awareness, information booths, temporary sheltersAnti trafficking and safe migration messagesWith local justice systems (both formal and informal)Nyaya panchayatsNyaya Samitis
36Good PracticePrayas Bharti, an NGO based at Patna, was instrumental inrehabilitation of a trafficked girl of 16 years, who waslodged in jail for two years on the charge of ‘soliciting’. Thevillagers refused to accept her back,‘branding’ her asprostitute.Prayas Bharti spent one full day with the entire villagers,speaking to them, coaxing them, and finally convincingthem that the girl is a ‘victim of trafficking’ and a ‘child inneed of care and protection’. The commendable initiativeby this NGO helped in rehabilitation of the girl.
37Bhoruka 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”.
38Need for…Evidence based research…data that is sensitive, comparable and appropriateCapacity developmentAdvocacy for policy changeGender responsive budgeting
39Generate strategic information, knowledge and evidence for identifying gender structural causes to inform programmingMainstream gender and trafficking concerns in national programmes e.g. MGNREGADevelop capacity of right holders and duty bearers to address the gender related causes and consequences of traffickingEnhance policy advocacy for effective convergence of programmes that accelerate the process of equalizing gender and power relationsInclude and engage men and adolescent boys for a desired change in social attitudes and practices and empowerment of women
40Women’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…