Transnational Challenges and Approaches to Investigating Trafficking Offences. Ilias Chatzis, Chief, Human Trafficking and Migrant Smuggling Section

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1 Transnational Challenges and Approaches to Investigating Trafficking Offences Ilias Chatzis, Chief, Human Trafficking and Migrant Smuggling Section

2 Trafficking in persons: a low risk / high profit crime Exploitation of the most vulnerable people. Victims controlled by: Withholding of documents; Using violence and restriction of movement; Threatening victims and their families; and Enforcing debt bondage. Trafficking in persons: a clandestine crime Hard to detect and investigate: Victims often traumatised from the process of trafficking; Fear of stigmatization; Victims often come from other jurisdictions and are not willing to stay after the rescue; Traffickers cover their trails; and Traffickers operate across borders with relative ease.

3 Challenges in fighting trafficking in persons - Member States Inadequate implementing legislation and regulations. Lack of adequate data. Lack of common understanding of the Protocol s definition of human trafficking. Lack of human and financial resources. Links with other crimes including corruption, money laundering, fraud, organized crime. Fast changing patterns of the crime and new emerging forms of TIP. Unwillingness of victims to cooperate with law enforcement which leads to: Suspected cases cannot be investigated; Trafficking cases in court are not supported by sufficient evidence for prosecution; and Consequently traffickers operate with impunity.

4 UNODC s Work on Trafficking in Persons UNODC assists States in their efforts to implement the Convention against Transnational Organized Crime and its supplementing Trafficking in Persons Protocol and Smuggling of Migrants Protocol. UNODC s areas of work Research and awareness raising Ratification and implementation of the Protocol and capacity building Strengthening of partnerships and cooperation

5 1. Research and awareness raising 2012 Global Report on Trafficking in Persons Covers the period from 2007 to Collects information from 132 countries and territories. Sources of information: National institutions (88%); International organizations (5%); and non-governmental organizations (7%). Information was gathered on approximately 55,000 victims and 50,000 offenders officially detected around the world. Data collection: Questionnaires and official information available in the public domaine.

6 Trafficking patterns and flows Key findings: Victims of 136 different nationalities were detected in 118 countries worldwide between 2007 and Approximately 460 trafficking flows were identified between 2007 and Forced labour 36% Sexual exploitation 58% Organs removal 0.2% Other forms of trafficking in persons 6% -Trancontinental - Victims trafficked across different regions 24% - Regional - Victims trafficked from the nearby subregion 4% -Domestic- Victims trafficked within the same country 27% Girls 17% Boys 10% Men 14% - Regional - Victims trafficked within the same subregion (crossborder) 45% Women 59%

7 Criminalization of trafficking in persons with a specific offence as of November 2008 and August 2012 Number of convictions recorded per year, percentage of countries, % 90% 80% 70% 60% 50% 40% 30% 20% 10 % 0% 22% (35) 18% (29) 60% (98) 5% (9) 12% (19) 83% (134) November 2008 August 2012 Covers most/all forms No specific offence Partial No data available, 18% of countries covered More than 50 convictions, 18% of countries covered 11 to 50 convictions, 25% of countries covered No convictions, 16% of countries covered 1 to 10 convictions, 23% of countries covered Source: UNODC elaboration on national data 162 countries and territories

8 2. Ratification and implementation of the Protocol and capacity building Technical assistance activities 50 countries reached through 55 technical assistance activities; 17 countries provided with assistance at the national level; 9 countries provided with high-level legal and legislative drafting assistance; 730 criminal justice practitioners and government officials provided with specialized training; 10 inter-regional and regional workshops organized or substantively contributed to; and 4 standard setting, technical assistance specialized tools/publications developed.

9 2012 Impact and Highlights Draft legislation developed in Burundi, Republic of Congo, Libya, Morocco and Yemen. Standard-setting tools disseminated and adapted at the regional level (e.g. Central America, West Africa, etc.). Acknowledgement of successes as a follow-up to technical assistance activities. Two new focused programmes of TA were developed and launched in the Republic of the Congo and in the Republic of Moldova. Launch of a consultative process with Member States on key concepts of the TIP Protocol (e.g. abuse of a position of vulnerability ). 9

10 Tools and publications developed by the Human Trafficking and Migrant Smuggling Section

11 UNODC Human Trafficking Case Law Database (CLD) Launched in October case briefs from 76 jurisdictions and 3 international courts. Nationalities of victims, perpetrators, trafficking routes, verdicts, and other relevant information related to prosecuted cases from around the world. Approximately 4,200 visits per month. Extensive network of partners Activities Approximately 500 case briefs added Expert Group Meeting on further expansion of the CLD Establishment of a standing Expert Advisory Group; Outline for possible secondary products (Case Digest); and Dissemination, resource allocation and collaborative efforts between UNODC and other organizations.

12 Anti-Human Trafficking Manual for Criminal Justice Practitioners A compendium of best practice responses for criminal justice practitioners at every phase of trafficking in persons cases. A product of broad-based expertise drawn from amongst criminal justice systems around the world. Target audience: police officers; border guards or immigration officers; national focal persons/institution combating human trafficking; judicial officers; prosecutors; victim service providers. Two versions: for wide circulation and for restricted circulation.

13 3. Strengthening of Partnerships and Cooperation Inter-Agency Coordination Group against Trafficking in Persons (ICAT) Global Migration Group (GMG) United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) United Nations Trust Fund for Victims of Trafficking in Persons UNODC strengthens partnerships with the broader antitrafficking community, including with international and nongovernmental organizations, civil society and the private sector.

14 What should be done? Law enforcement should use special investigation techniques to detect the crime and punish traffickers: Surveillance Use of informants Undercover agents Communication monitoring and interceptions Communication data Make use of police cooperation channels so that police action, relayed through cooperation can cross border a follow the network of traffickers Proactively investigate trafficking in persons, as well as related crimes Overcoming transnational challenges to investigating human trafficking requires: Effective implementation of the Trafficking in Persons Protocol; Information on trafficking in persons flows; Political commitment to trans-regional cooperation; and Technical assistance to support exchange of information and strengthening of capacities of criminal justice systems.

15 THANK YOU! For more information about the UNODC Human Trafficking and Migrant Smuggling Section, visit our webpage or contact us: Ilias Chatzis, Chief of the Human Trafficking and Migrant Smuggling Section Web: Tel: (+43-1)