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Preventing trafficking in women and girls

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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 +


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


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

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