1. TRANSNATIONAL CRIME: HUMAN TRAFFIKCING AND GOVERNANCE
Addis Ababa, 21 August, 2012
Eric Boakye Peasah

2. INTERNATIONAL CRIME VS. TRANSNATIONAL CRIME
International crime: offense against the world community (acts that threaten world order and security, crimes against humanity and fundamental human rights, war crimes, and genocide)
Transnational crime: affecting the interests of more than one state (drug trafficking, Human trafficking, human smuggling, transborder organized criminal activity, counterfeiting, money laundering, financial crimes, terrorism, and willful damage to the environment).

3. WHAT MAKES A CRIME TRANSNATIONAL ?
transnational in nature if:
it is committed in more than one State;
it is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State;
it is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State;
it is committed in one State but has substantial effects in another State.

4. Criminal groups -- communicate/ coordinate -- elude law enforcement
CHARACTERISTICS
Transnational organized crime -- major challenge for legislators, prosecutors and law enforcement officials.
Criminal groups -- communicate/ coordinate -- elude law enforcement
Criminal groups - take advantage of gaps in national law, jurisdictional problems or a lack of accurate information about the full scope of their activities
Increase in flow of information -- new opportunities for organized crime.

5. SOME SPECIFIC EXAMPLE OF THE TRANSNATIONAL CRIMES
Drug Trafficking
Human Trafficking
Human Smuggling
Documentation Fraud
Illegal migration
Trafficking in Arms (Small Arms)
Terrorism
Illegal Migrants September 11 (
Money Laundering, related Terrorist Financing and Assert Forfeiture
Hijacking
Fraud (419) and other Economic Crimes
Environmental crimes (Any Example????????)
High-tech and Computer-Related Crimes

6. High-tech and Computer-Related Crimes
Computers and computer networks have increasingly become both the objects of terrorist and other criminal attacks, and the conduit through which terrorist and other criminals communicate in order to plan and carry out their destructive activities.
This is because many computers transcend international boarders, it is essential that all countries have adequate substantive and procedural laws…

7. WHY IS TRANSNATIONAL CRIME A SECURITY ISSUE?
Transnational crime -- increasingly a security threat
terrorism,
corruption (including military and law enforcement)
involvement of governmental actors with organized crime and terrorists
financing and perpetuating regional conflicts
post-conflict situations
involvement in the international economy
active in both the legitimate and illegitimate economies (money laundering)
underground banking systems

8. FOCUSING ON THREE MAJOR MIGRATION RELATED CRIMES
IOM - International Organization for Migration
FOCUSING ON THREE MAJOR MIGRATION RELATED CRIMES
Drug Trafficking
Human Trafficking
Human Smuggling

9. COMBATING TRAFFICKING IN HUMAN BEINGS AND SMUGGLING OF MIGRANTS

10. UN CONVENTION & PROTOCOLS
Palermo Convention & Protocols - new approach to the problem in several respects
official definition of “trafficking in persons”/ smuggling,
combines traditional crime control measures (investigate, prosecute, punish) with measures to protect victims

11. Trafficking Protocol:
Supplemental to Transnational Organized Crime Convention
Completed in 2000
Came into force: 25 December 2003
Signatories: 117 States
Ratifications: 76 States
Note: Let participants know that on their CDs they have the full text of the convention and protocols.
Note: The trainer should look up current number of signatories and ratifications online and determine whether the countries involved in the training have signed or ratified the convention
CONSIDER: Offering a more detailed background to the development of the trafficking protocol – the history begins with activists in the 1990s and has always had a human rights focus

12. Why are criminals in the trafficking business?
Personal Gain
One of the most lucrative crimes in the world
Few risks for traffickers (lack of legislation, corruption, lack of law enforcement)
Low cost of doing business
Victims can be repeatedly exploited or sold
Note: Go into more detail about their relative impunity. Use this to highlight the need for communities to respond.
“From a prevention standpoint: even if you are a country that doesn’t have a problem with trafficking in persons YET, you don’t want to become one.”

13. Trafficking in Persons
Differences between trafficking and smuggling
Note: This section provides the participants with the existing international definitions for trafficking and smuggling

14. Threat of Force or Use of Force Abduction or abuse of power
1. Trafficking in Persons Definition
What constitutes TIP?
1. Recruitment 2.
Transport
3. Harbouring 4.
Receipt
What are the means of TIP?
Deceit and/or fraud
Threat of Force or Use of Force
Abduction or abuse of power
Note: Sub-topics to be covered in the first section about information campaigns and trafficking
What are the objectives of TIP?
Exploitation
Forced Labour
Sexual Exploitation
Removal of Organs
Servitude

15. Ask yourself what it might be like to be a victim of trafficking Show a Movie and discuss
CONSIDER: showing the United Nations trafficking Public Service Announcement,
a short video clip, images or any materials that will help the audience imagine
what it might be like to be a victim.
Note: If you used an icebreaker about general migration that revealed that many in the room have migrated, ask them to imagine if something went wrong and they ended up as victims of trafficking.
“IOM has a victim-centered approach to counter-trafficking. Throughout this training
we are going to ask you to think about what it might be like to be a victim of trafficking. Think about the victim’s perspective.”

16. Differences between trafficking and smuggling
What is Trafficking in Persons
“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;
Note: The next slide breaks down the definition for the participants
Note: These definitions are included in the workbook on pages 6-8.

17. Differences between trafficking and smuggling
Essential Elements of the Trafficking Definition
Activity Recruitment, transportation, transfer, receipt of persons
Means Threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or a position of vulnerability or giving or receiving of payments or benefits to achieve the consent of a person having control over another person
Purpose Financial or in kind profit through exploitation
All three parts must be present and connected to each other for trafficking in persons to occur
Note: Reinforce the idea that all three elements must be present for it to be trafficking.
Note: The definition is purposely broad because trafficking is so complex and happens in so many ways – it is broad so that it can be used in a variety of contexts.
Note: Exploitation under UN Protocol is explained in the next slide

18. Differences between trafficking and smuggling
Definitions – Trafficking terminology
Exploitation: 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
Child Any person under eighteen years of age
The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons”
Note: It is important to explain that children are a special case – this will be reinforced during case studies later in the morning

19. Forced Military service Organ removals Etc.
EXPLOITATION
Forced labour – agriculture, fishery, construction, mines, sweatshops, catering
Sexual Exploitation
Domestic servitude
Criminality
Forced Military service
Organ removals
Etc.
Prostitution conditions – 24/7 availability: provide all services, including un-protected sex; little or no payment
Growth of trafficking of victims for low-level criminal activity – it affects mainly children and teenagers for begging, burglary and low-level activity in support of trafficking crime – supervision of victims, acting as ‘look-outs’ and couriers – known in Europe as the ‘lover boy; syndrome
Children are trafficked internally and externally, particularly in Africa, to support military activity. They may act as front-line child soldiers, but are more usually found in the rear echelons, supplying the front-line with materiel etc.
More cases are now coming to light of trafficking for organ removal – usually kidneys and usually involving younger victims.

20. Differences between trafficking and smuggling
a) “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of then illegal entry of a person into a State Party of which the person is not a national or a permanent resident;
b) “Illegal entry” shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;
Note: The next slide helps show the differences between trafficking and smuggling

21. Differences between trafficking and smuggling
Essential Elements of the Smuggling Definition
Activity Transportation and transfer of persons
Means No element of distortion of the free will of the person, either by force, deception or abuse of power. In most smuggling cases, the intending irregular migrants seek and initiate the contact with smugglers themselves to realize their objective of crossing the border into a third country illegally
Purpose Financial profit from the illegal border crossing
Note: Reinforce that the purpose is completely different in smuggling of migrants
– the financial gain is through the illegal border crossing

22. HANDOUT: This chart can be shared during the presentation or can be part of an activity with the group (on CD-ROM and in Annex Five).
Note: Corresponds with page 8 of the workbook

23. Differences between trafficking and smuggling
is a violation of human rights and coercion for exploitation
Smuggling
is an organized illegal border crossing
ACTIVITY (40 minutes minimum): This is a good place to work on the case studies, during the second half of the morning session. Allow for a discussion that shows the complexity of the issue.
Facilitator: Provide for at least 20 minutes for small group work and 20 minutes for reporting back to the group and large group discussion. Distribute the package of Case Studies to all the groups, identifying which group has which case study (on CD-ROM and in Annex Six).
Instructions: Applying the definitions that we have just gone over, look at your case studies and answer the questions at the bottom. Identify a speaker for the group; we will come back together and discuss your group’s decision.
Note: Trafficking can be seen as a crime against an individual and smuggling as a crime against the state. Careful though, as many human rights abuses also take place against smuggled migrants, so this can be confusing. Choose the way to present this difference that you feel will make the most sense to participants

24. DIFFERENCES BETWEEN TRAFFICKING AND SMUGGLING
The smuggling of migrants, while often undertaken in dangerous or degrading conditions, involves migrants who have consented to the smuggling. Trafficking victims, on the other hand, have either never consented or, if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive actions of the traffickers
Consent
smuggling ends with the arrival of the migrants at their destination, whereas trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers.
Exploitation
Transnationality
Smuggling is always transnational, whereas trafficking need not be. Trafficking can occur regardless of whether victims are taken to another country or only moved from one place to another within the same country

25. Crimes related to Trafficking and Smuggling
SUGGESTED START OF DAY 2
Note: Start the second day by a recap of what was discussed on the first day. Then go over the day’s agenda and mention any changes: check with participants for any questions or concerns.

26. Lack of opportunities/ unemployment
SOME ROOT CAUSES
Poverty
Lack of opportunities/ unemployment
Social and Political Conflicts - (destabilize and displace population)
Social and cultural practices
Marginalisation/Subordination of women and girls
Sale of young women by their families
Entrusting poor children to more affluent friends or relatives
Feminization of migration
Lack of information

27. Demand for inexpensive labour
PULL FACTORS
Demand for inexpensive labour
Unrealistic/ Restrictive immigration policies

28. MOTIVATIONS FOR TRAFFICKERS
Few risks for traffickers
Absence of legislation
Limited Capacity
Lack of law enforcement training/ coordination;
corruption
Low investment
Victims can be re-sold several times
Huge profits
Support networks related to other criminal activities

29. CONSEQUENCES FOR VICTIMS
Violation of human rights
Abuse/ coercion
Illegal status in the country of destination
Victims treated as criminals
Risk/ danger of death and serious diseases (physical and mental)
Difficult reintegration / stigmatisation

30. CONSEQUENCES
Increase of irregular migration
Presence of criminal organizations/ activities
Networks of corruption
Problems of national security
border control
relations with bordering countries
Challenges to national legislation
migration
labour
Human rights

31. CRIMES RELATED TO TRAFFICKING/ SMUGGLING

32. Drug Trafficking
Show a Training Documentation and discuss

33. Trafficking in Human Beings: THE CRIMINAL JUSTICE RESPONSE

34. MODERN TRAFFICKING TYPOLOGY
Blurring of borders between source, destination and transit country
Victims trafficked to and from neighboring countries but also to and from more distant countries – international criminal networks;
Victim trafficked within one country;
Increased complexity/ dynamism of trafficking patterns
Increased pressure to migrate  increased pool of potential victims;

35. FINANCING OF TERRORISM FINANCING OF ORGANIZED CRIME
INTERRELATION OF ORGANIZED CRIME
WEST AFRICA
CASE STUDY
IOM - International Organization for Migration
DRUGS
DIAMONDS
ARMS
FINANCING OF TERRORISM
TIMBER
FINANCING OF ORGANIZED CRIME
CONFLICT

37. WHAT CAN A SINGLE COUNTRY DO?
QUESTION
WHAT CAN A SINGLE COUNTRY DO?

38. Adapting Abstract principles to:
CHALLENGES
Clear understanding of the situation to which legislation/ criminal system should apply;
Understanding trafficking , smuggling and irregular migration patterns and particularities;
Understanding Criminal Justice Patterns (even very subtle patterns have an impact);
Allowing flexibility in application – containing potential future changes in trafficking patterns
Adapting Abstract principles to:
Infrastructure;
Judicial/ administrative culture;
Institutional framework;

39. LEGISLATION vs. CRIMINAL JUSTICE
Legislation must create an environment for efficient criminal justice response in practice.
Legislation defines the abstract rules but has no effects without an adequate criminal justice system.
Factors:
administrative systems
role of law enforcement, prosecution, courts
criminal proceedings and civil/ private law proceedings
evidence
status of victims and witnesses
KEY WORD: PRAGMATISM

40. EASIER IN THEORY THAN IN PRACTICE
CRIMINAL JUSTICE - ACTORS
Main actors  Law enforcement agencies and courts;
The success in individual cases may depend on the involvement of other actors in various stages (NGOs).
Always, criminal justice agencies must operate within rule of law –
EASIER IN THEORY THAN IN PRACTICE

41. TRAFFICKING SPECIFIC CHALLANGES
Victim identification
Early identification – very important
Victims of trafficking are often mistakenly classified and treated as illegal migrants rather than as victims of serious crimes;
Genuine trafficked victims are likely to have immediate and acute physical, medical and psychosocial needs that are not normally present in cases of smuggling or other irregular migrants.
Proper identification and treatment of genuine victims prevents their re-victimization by law enforcement agencies.

42. TRAFFICKING SPECIFIC CHALLANGES
Victims reluctant to co-operate
Fear of violent reprisal from traffickers or traffickers’ associates;
Poor understanding and/or fear of the criminal justice system;
Lack of trust in law enforcement/judicial system
Do not want to experience the delay of the judicial proceedings and want to return home as soon as possible and/or return to normality
Many believe they will receive no satisfaction from following through with the prosecution;
Some are overwhelmed by feelings of guilt and shame;
Some think they have obtained their goal with the arrest of their traffickers and do not want to pursue the prosecution all the way until court.

43. TRAFFICKING SPECIFIC CHALLANGES
Difficulties in obtaining Evidence
Many activities look like or border legitimate activities;
Crimes happen in confined spaces, without witnesses;
Victims usually “outside system”;
MORE?

44. FACTORS THAT IMPROVE EFFICIENCY OF CRIMINAL JUSTICE RESPONSE:
inter-agency cooperation
exchange of information
cooperation with NGOs
International cooperation/ cross border
Judicial cooperation

45. PRINCIPLES all elements of the crime must be effectively prosecuted
all persons engaged in trafficking, intermediaries, accomplices, facilitators etc must be subject to sanction
Penalties should take account of the grave nature of the offences
no penalization of the victims of trafficking, through the use of the criminal, immigration or other law

46. DRUG ABUSE TRAFFICKING ORGANIZED CRIME HIV-AIDS
THE VICIOUS CIRCLE OF ORGANIZED CRIME
DRUG ABUSE
Spreading along trafficking routes
TRAFFICKING
Narcotics, arms, human beings, natural resources, etc
ORGANIZED CRIME
Emerging cartels
Pervasive corruption
Recourse to violence
Document fraud
HIV-AIDS
Spill over effect from trafficking of both narcotics and human beings

47. THANK YOU FOR YOUR ATTENTION AND PARTICIPATION
Note: Slide begins the general section on basic trafficking concepts (first ½ day)