Legislative Assistance and other Activities in Support of the Implementation of the Trafficking in Persons and Smuggling of Migrants Protocols

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Compare & Contrast Smuggling of Migrants (SoM) v. Trafficking in Human Beings (THB) ConsentExploitationBorder Crossing SoM RequiredNot requiredRequired THB Becomes irrelevant RequiredNot required

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Trafficking Trends Human trafficking affects every country of the world, as countries of origin, transit or destination Sexual exploitation the most commonly identified form of human trafficking (79%) followed by forced labour (18%). (Statistical bias?) Disproportionate number of women are involved in human trafficking both as victims and as culprits

Smuggling Trends Many irregular migrants resort to smuggling services Networkisation and professionalization of smugglers Highly sophisticated versus cheap and risky services Increased document abuse and visa-smuggling Smugglers constantly change routes and modus operandi Many smuggled migrants become victims of crime in the course of being smuggled. Smuggled migrants are often exposed to deadly risks and exploitation. Many people die.

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Purpose of the Protocols SOM Protocol (Article 2) Prevent and combat migrant smuggling Protect the rights of smuggling migrants Promote cooperation TIP Protocol (Article 2) Prevent and combat trafficking in persons Protect and assist victims of trafficking Promote cooperation + 4 th P = Prosecute offenders

Trafficking Protocol and Smuggling Protocol both supplementing the United Nations Convention against Transnational Organized Crime UNODC Promote global adherence Assist States in Implementing the Protocols LegislationCriminal justice response

Applying Mandate of TOC & Protocols… Strategic areas of technical assistance: 1. Prevention and Awareness-raising 2. Data Collection & Research 3. Legislative Assistance 4. Strategic Planning & Policy Development 5. Criminal Justice System responses 6. Protection of Victims & Rights of Smuggled Migrants 7. International Cooperation

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Legislative Assistance

UNODC Model Laws Development of ML against TIP and against SOM follows UNODC practice in developing Model Laws ML against TIP and against SOM developed by informal Expert Working Groups (EWG) Existing UNODC Model Laws for civil and common law jurisdictions are available at:

UNODC ML - Basis United Nations Convention against Transnational Organized Crime (UNTOC), 2000 –Entry into force: 29 September 2003 –Parties: 158 (November 2010) Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children –Entry into force 25 december 2003 –Parties: 142 (November 2010) Protocol against the Smuggling of Migrants by Land, Sea and Air –Entry into force 24 January 2004 –Parties: 126 (November 2010) Other international instruments; and Good practices from national legislation

Objectives of ML Closely Follow “Purposes” of TIP and SOM Protocols (Art. 2) To prevent and combat trafficking in persons and smuggling of migrants To protect the human rights of smuggled migrants and of victims of trafficking in persons and to assist victims of trafficking in persons; To promote and facilitate national and international cooperation in order to meet these objectives.

UNODC ML on TIP and SOM Scope and Structure Both are tools that facilitate review and amendment of existing legislation and adoption of new legislation; designed to be adaptable to the needs of each State, whatever its legal tradition and social, economic, cultural and geographical conditions (E.g. for use in both civil and common law legal systems) Contains commentary on mandatory and optional provisions, use of language, suitability of provision to civil or common law system 6 chapters including on: jurisdiction, trafficking and smuggling specific criminal provisions, victim assistance, immigration & return, prevention and training.

UNODC ML on TIP and SOM- an example Article 18 of the Model Law - Establishment of a national coordinating committee (Optional as per the Protocol although in line with its purpose) Implementing law and policy on smuggling of migrants is complex and necessarily involves multiple agencies, each of which will have an important role to play, while operating with different mandates and restrictions. Experience suggests that the establishment of an inter-agency coordinating body to work on smuggling issues “across government” greatly assists in both policy and operational coordination. Such a body can provide agencies with a forum that enables them to meet regularly to undertake planning, discuss legal, policy and procedural issues, and raise individual cases and budgetary issues. 1. The [relevant Minister] shall establish a national coordinating [committee/ body] to be comprised of officials from [ insert relevant agencies ], officials from other relevant State agencies and representatives from local government and non- governmental service providers. 2. The national coordinating [committee/body] shall: (a) Oversee and coordinate the implementation of this Law; (b) Develop policy, [regulations,] guidelines, procedures and other measures to facilitate the implementation of this Law; (c) Develop a national plan of action to ensure comprehensive and effective implementation of this Law, which shall include a process of periodic review of achievement of aims and objectives; (d) Oversee and report to [the relevant Minister] [Parliament] on the implementation of obligations under the Smuggling of Migrants Protocol; (e) Facilitate inter-agency and multidisciplinary cooperation between the various government agencies, international organizations and non-governmental organizations; and (f) Facilitate cooperation with relevant countries of origin, transit and destination, in particular border control agencies. 3. [ Insert name of agency/representative ] shall be appointed as the [ Secretary/ Secretariat] of the Committee. The Committee shall have the capacity to establish [subcommittees/working groups] as required.

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Select UNODC Anti-Migrant Smuggling and Anti Trafficking in PersonsTools Prevention and Awareness Raising –Blue Heart campaign, brochures, web site, other materials –Film about trafficking in persons Data Collection and Research –Global Report on Trafficking in Persons, Feb –Global review of data and research, North and West African review –Tool to harmonise global data collection and research –Issue papers on targets trafficking in persons and migrant smuggling issues Legislative Assistance –Legislative assessments –Model Laws to implement the Protocols

Prevention and Awareness-Raising

Data Collection and Research

Select UNODC Tools...cont’d Strategic Planning and Development –Framework for Action to Implement the Trafficking in Persons Protocol, and FFA to Implement the Migrant Smuggling Protocol Criminal Justice System Response –Training Manuals for Investigating and Prosecuting TIP and SOM –Basic and In-Depth Protection and Assistance –Human rights based protection and assistance components of training manuals, framework for action, model law and other tools Regional and International Cooperation –Tools to facilitate international cooperation eg Mutual Legal Assistance Request Writer Tool

Strategic Planning and Policy Development

Criminal Justice System Response

Victim Protection and Support - TIP and SOM Model laws - Victim centered approach (supported within all 23 TIP technical assistance projects) - Promotion of Law enforcement – NGO Cooperation (e.g. regional project on fostering NGO – Law Enforcement cooperation in preventing and combating human trafficking in, from and to the Baltic Sea Region )

International Cooperation Regional workshops & Handbook on International Cooperation in TIP cases –Balkans; East Asia; Central Asia United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) Alliance against Trafficking in Persons, OSCE Global Migration Group Inter-Agency Cooperation Group Against Trafficking in Persons (ICAT)

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