Human Rights Council(HRC):

Transcription

1 Human Rights Council(HRC): 1 st Topic: Trafficking in persons especially women and children; access of victims to affective remedies, state obligations to offer services to endangered victims

2 TOPIC AREA A: TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN; ACCESS OF VICTIMS TO AFFECTIVE REMEDIES, STATE OBLIGATION TO OFFER SERVICES TO ENDANGERED Introduction.2 Definition...3 Elements of Human Trafficking..3 Causes of the exploitation of trafficking Trafficking in women and children..5 Regional Human Trafficking Trends Prevention.10 International Protection..12 The right to an effective remedy and State obligations/access to victims.12 Measures towards the eradication of Human Trafficking Conclusion 15 Additional Notes..16 Structure.. 17 Human Rights Council(HRC) Topic Area A 2

3 INTRODUCTION Trafficking in human beings, is one of the fastest-growing areas of organized crime. It is a multi-dimensional threat, which deprive the people of their human rights and freedoms, helps the growth of organized crime, risks global health, because of the sexual transmitted diseases, inhibiting development by depriving countries of their human capital. Human trafficking is the third most lucrative business in the world of organized crime, after Victims for 136 countries were detected to 118 countries world-wide. Because of It can be defined as a modern-day slavery, defrauded into sexual orientation. The International Labor Organization (ILO), the UN agency which address labor standards, employment and social protection, estimates that 12.3 million people worldwide and enslaved in forced (child)labor, sexual servitude, and involuntary servitude at any given time. 1 It is usually considered to be a gender issue and the result of discrimination on the basis of sex. Organizations, concerning the extension of this global problem, have estimated Trafficking, with different ways. 2 That happens, because of the differences in the interpretation of the term, while as because of the clandestine nature of the crimes involved. 3 According to the United Nations (UN), is estimated that 700,000 people are trafficked annually, worldwide. 4 Second, the number of convictions is increasing, but not proportionately to the growing awareness of the problem. Sexual exploitation is by far the most commonly identified form of human trafficking (79%), followed by forced labor (18%). Trafficking in women has long been a topic of international concern, but it has taken on new meaning in this century. Trafficking is no longer a term reserved only for women and girls forced into. Women and girls, become victims of trafficking because of the race, or other forms of discrimination. Yet, it is remained hidden from the public view. Many of the victims do not report their plight because they are afraid of their public denigration. Women are those who usually are the overwhelming trafficked persons. That causes trafficking to be usually considered as the result of discrimination as well as a gender issue. Rarely is analyzed why women and girls become victims of trafficking. However, racial and social marginalization are responsible for why women are most at risk of being trafficked. Victims of trafficking are the most times female gender. Women are trafficked to, from, and through every region in the world using methods that have become new forms of slavery. Offer employment and opportunities for the future, are some pimps, used by the transnational networks, to persuade women in order to follow them. 1 Trafficking in Persons (n.d). Retrieved January 2013, from CIA World Factbook: 2 ILO. (2005). A Global Alliance against Forced Labor. Retrieved January 2013, from: pdf 3 Ogrodnik L., (2010). Towards the Development of a National Data Collection Framework to Measure Trafficking in Persons. Retrieved January 2013, from: 4 United Nations Division for the Advancement of Women (DAW), UNODC (2002). Trafficking in women and girls: Report of the Expert Group Meeting Glen Cove, New York, USA, November Retrieved January 2013, from: Human Rights Council(HRC) Topic Area A 3

4 Trafficking is a huge market, a billion dollar market, where women and girls in the majority are the purpose of sexual exploitation. The number of girls is unknown, although the raids on brothels find girls. Victim Profiles in US Government, ILO, UNODC and IOM databases (GAO, 2006) DEFINITION Trafficking in Persons is the recruitment, transportation, transfer, harboring 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 labor or services, slavery or practices similar to slavery, servitude or the removal of organs. 5 ELEMENTS OF HUMAN TRAFFICKING On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements; The act: Recruitment, transportation, transfer, harbouring or receipt of persons The means: Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim 5 Hyland K., (2001). The Impact of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Retrieved January 2013, from: Human Rights Council(HRC) Topic Area A 4

5 The purpose: For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs. 6 To ascertain whether a particular circumstance constitutes trafficking in persons, the definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense should be considered, as well as relevant domestic legislation. CAUSES OF THE EXPLOITATION OF TRAFFICKING New forms of slavery have invented by sex industries. The local and state control is not enough to reduce the number of the victims because of the day by day expansion of the transnational linkages in social and political sector. Because of globalization, migration is a daily phenomenon. That means, migration is an important ingredient, which causes transnational linkages. Following this order, crime rings are being established and partners all over the world, are ready for roadtrips. Moreover, globalization and liberalization have created more open marketplaces, all over the world. As far as concerns the financial transactions, all those facilitates which new technology provides worldwide, increase opportunities for more direct and quick transactions. In addition, except from the direct transfer of the money to the owners, they have plenty of time to launder them. Recruiters, traffickers and pimps who engage in trafficking in women for the purpose of sexual exploitation have developed common methods of operation. The necessity of fresh supplies of women, impulse the recruiters to use the newspapers and offer job opportunities abroad for low skilled posts, such as waitresses. Moreover, advertisements for dancers and hostesses with good salaries are used usually. 20% of the total trafficked women, are recruited through these advertisements. The value of the global trade in women as commodities for sex industries is estimated to be between seven and twelve billion dollars annually. Additionally, marriage agencies is another conduct of collect young and attractive women. 7 TRAFFICKING IN WOMEN AND CHILDREN Trafficking in human beings, especially women and children, is one of the fastestgrowing areas of organized crime. It is usually considered to be a gender issue and the result of discrimination on the basis of sex. Women and girls, become victims of trafficking because of the race, or other forms of discrimination. Yet, it is remained hidden from the public view. Many of the victims do not report their plight because there are afraid of their public denigration. Women are those who usually are the overwhelming trafficked persons. That causes that trafficking is usually consider as a result of discrimination and a 6 Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons 7 Human Rights Council(HRC) Topic Area A 5

6 gender issue. Rarely is analyzed why women and girls become victims of trafficking. However racial and social marginalization are responsible for why women are most at risk of being trafficked. Victims of trafficking are the most times female gender. Women are trafficked to, from, and through every region in the world using methods that have become new forms of slavery. Offer employment and opportunities for the future, are some pimps, which are used by the transnational networks, to persuade women to follow them. Trafficking is a huge market, a billion dollar market, where women and girls in the majority are the purpose of sexual exploitation. The number of girls is unknown, although the raids on brothels find girls. New forms of slavery have invented by the sex industries. The local and state control is not enough to reduce the numbers of the victims because the transnational linkages in social and political sector are expanded day by day. Because of globalization, migration is a daily phenomenon world. So, migration is an important ingredient, which occurs, transnational linkages. So crimes rings established and partners all over the world, are ready for roadtrips. Moreover, globalization and liberalization have created more open marketplaces, all over the world. As far as concerns the financial transactions, all those facilitates which new technology provides worldwide, increase opportunities for more direct and quick transactions. In addition, except from the direct transfer of the money to the owners, they have plenty of time to launder them. Recruiters, traffickers and pimps who engage in trafficking in women for the purpose of sexual exploitation have developed common methods of operation. The necessity of fresh supplies of women, impulse the recruiters to use the newspapers and offer job opportunities abroad for low skilled jobs, such as waitresses. Moreover, advertisements for dancers and hostesses with good salaries are used usually. 20% of the total trafficked women are recruited through these advertisements. The value of the global trade in women as commodities for sex industries is estimated to be between seven and twelve billion dollars annually. 8 Additionally marriage agencies is another conduct of collect young and attractive women. REGIONAL HUMAN TRAFFICING TRENDS Western Europe Western Europe 9 is the most important destination area for European trafficking prostitution. Most of the victims come from the Baltic countries, the Eastern and Central Europe, while as from Latin America, Africa and South Asia. According to international organizations, for example IOM (International Organization for Migration), victims are estimated annually between 100,000 and 150,000 women and children. 8 UN official warns of rise of new slaves of prostitutes, Xinhua, 21 September Human Rights Council(HRC) Topic Area A 6

7 Women from Romania are being trafficked to Turkey, Greece and Italy. Women from Russia and Ukraine are being taken to Poland, Hungary, Germany and The Netherlands. Austria and Belgium are usual destinations for trafficking in women. The main routes run from Slovakia, Hungary and Czech Republic, Serbia and Slovenia. Turkish and East-European groups are responsible for organized prostitution. Prostitution is not legal, and it is not punishable. France and Germany are two of the main destinations and transit countries for trafficking. Victims come from Albania, Kosovo, the Czech Republic, Slovakia, Lithuania, Romania, and Bulgaria (FRANCE) and Lithuania, Russia and Ukraine (GERMANY). Also, some of them come from Latin America and Africa. Prostitution of adults is legal too, in France, although that is not explicitly legalized. Generally sexual services from minors are criminalized. In Germany, prostitution is legalized, but there are restrictions concerning the locations where prostitution is allowed. Switzerland and The Netherlands are also major destinations countries for trafficking. Every year between 1,000 and 3,000 in The Netherlands and women and children trafficked. In both countries, the prostitution of adults is explicitly legalized, but only for the legal residents. However, sexual acts with persons under 16 years old are criminalized. Eastern Europe The Eastern Europe countries have the largest suppliers of women for prostitution. Sexual exploitation is the purpose across national or local borders. Trafficking may be the result of force, coercion, manipulation, deception, abuse of authority, initial consent, family pressure, past and present family and community violence, economic deprivation, or other conditions of inequality for women and children. 10 The largest number of more than 175,000 victims trafficked annually from the former Soviet Union and Eastern Europe, come from Russia and Ukraine. We have to note that women who are recruited as prostitutes, and come from Russia and Ukraine, are active in international prostitution, with most of these women transported to North America, the Middle East, the Far East and the South Africa. However, the majority of them who come from Moldavia, Ukraine and Russia, are active in Europe. The point is that we don t know how many of them are involved in mobile prostitution abroad, and activate on a voluntary basis or are victims of trafficking. These three countries are presently the most important recruiting area for European organized prostitution. 11 Trafficking of women, for the purpose of sexual exploitation, occurs within the borders of a country. According to the 1949 United Nations Convention of the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of 10 Europe national data, Trafficking of Women to the European Union: Characteristics, Trends and Policy Issues, European Conference on Trafficking in Women, (June 1996) 11 Global Survival Network. An Expose of the Traffic in Women for Prostitution from the Newly Independent States. Washington, D.C. Human Rights Council(HRC) Topic Area A 7

8 Other 12, even if trafficking occurs with the consent of the persons, those people are count as criminals, and be punished. According to valuations that come from the United Nations, one quarter of the four million people is being trafficked each year and exploited in sex industries. The last ten years, many women have been trafficked from the republics of the former Soviet Union through the world. East Asia and Pacific It is estimated that 225,000 victims are being taken from Southeast Asia. Asia and Pacific regions, are popular travel destinations for sex tourism, which is one of the main financial contributor for those countries, sex tourists and pedophiles from all over the world. Europe, North America, China, Japan, Australia. The People s Republic of China is a transit country of sexual exploitation, where both women and children are trafficked. China s case is not only domestic though, as an international trafficking network to Africa, Asia, Europe, Latin America, the Middle East, and North America has been established. China s issue is very considerable, as approximately ten thousand to twenty thousand victims are trafficked among the country each year. Also, due to the imbalance between the number of Chinese men and women causes as a result the trafficking of women for brides. However, due to its history as a socialist state as well as the corrupted leadership, China s action was the perpetuation of humans across borders. Japan is the largest market for Asian women trafficked for sex, where some 150,000 non-japanese women are involved. Half are from the Philippines and 40% are from Thailand. 13 Victims are also trafficked in increasing numbers to newly industrializing countries and regions, including Taiwan, Malaysia, Hong- Kong, and Thailand. Cross-border trafficking is prevalent in the Mekong region of Thailand, Burma, Laos, Cambodia, Vietnam, and the Southern Yunan province of China. 14 Victims from Southeast Asia, especially China, Burma, the Philippines, Thailand, Cambodia, and Vietnam, are also sent to Western Europe, the United States, Australia, and the Middle East. Central and Latin America Human trafficking in Central America has taken center stage since the late 1990s. This increase in public attention has been driven by U.S. initiatives, such as the Trafficking Victims Protection Act (TVPA), as well as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Trafficking Protocol. The United States has the reputation of being the leader in the fight against trafficking in Central America, using the TVPA and the Trafficking Protocol as primary mechanisms for antitrafficking efforts The Coalition against Trafficking in Women (CATW), Trafficking in Women and Prostitution in Asia. The CATW is an international NGO and the Pacific.[ 14 CATW -Asia Pacific,Trafficking in Women and Prostitution in the Asia Pacific. Human Rights Council(HRC) Topic Area A 8

9 Human trafficking in Latin America and the Caribbean is widespread too. It is estimated that over 100,000 women and children trafficked for sexual exploitation, according to the U.S. Department of State. According to the Organization of American States, it is estimated that more than 2 million children are vulnerable to trafficking for prostitution, and being sexually exploited in Latin America. 15 The number of sex tourists in Latin America, with favorite destinations Brazil, the Dominican Republic, Mexico, Costa Rica, Argentina, Trinidad and Tobago, is growing, because of the recent restrictions which placed on sex tourism in Thailand, Sri Lanka, and other Asian countries. Human trafficking in Brazil has one of the worst child prostitution problem, worldwide. 16 In Dominican Republic, is estimated, that more than 50,000 women have been trafficked abroad. Those victims, usually are trafficked to Western Europe and the United States. Africa Region and Middle East Sexual exploitation as well as domestic servitude are considered to be the most common forms of human trafficking in North Africa and Middle East. Children, however, are often exploited many trafficking forms, including prostitution, forced marriage and domestic servitude. In Middle East, it is commonplace the import of women and children. Women mostly from Asia, Thailand, the Philippines, Indonesia, are trafficked as prostitutes or even brides to the ME, to countries such as Saudi Arabia and the United Arab Emirates. Israel on the other hand, is an open market which is open to women from the former Soviet Republics by well- organized criminal groups. It is good to mention, that according to the Israel Women s Union, over 2000 women from Russia and the former Soviet Union, are imported to Israel. Israel has no specific law against trafficking and prostitution is not illegal. 17 In Africa, according to the U.S. Department of State, more than 50,000 women and children are trafficked annually. Important factors are poverty, the low status of women, wars etc. In some countries, such as Sudan and Rwanda, governments make women and children vulnerable to trafficking, because of the wars and civil strife. Togo, Benin, Botswana, Zaire, Somalia, Ethiopia, Zambia, Nigeria, Algeria are countries with serious problem on children labor trafficking. Women usually are being trafficked to Western Europe and the Middle East. Australia Australia is famous for organized sex tours, all over the world, with typical destination The Philippines, Thailand, South Korea, Sri Lanka and Hong Kong, 15 Casa Alianza/Covenant House Latin America, Casa Alianza Warns That Central America Is New Sex Tourism Destination, 16 Social Security Network, Brazil spends $1.7mil on helping child prostitutes. Reuters, June 12, Michael Specter, Traffickers New Cargo: Naive Slavic Women, New York Time Human Rights Council(HRC) Topic Area A 9

10 while as Indonesia and Taiwan are secondary destinations. 18 The Australian government, plans to introduce tougher laws, to restrain the increased trafficking of Asian women to Australia, for prostitution. Moreover, it is good to be mentioned that Australia has been active in public awareness campaigns. United States 50,000 women and children are trafficked to the United States annually, according to the U.S. Department of State. The victims come from Southeast Asia and the former Soviet Union. 50% of the number of the victims are forced into sweatshop labor and domestic servitude. The rest are forced into prostitution and the sex industry. Young children usually kidnapped and sold for adoption. Mexico, is a large source country, where are children which are kidnaped and trafficked to the United States. New York, Florida, North Carolina, California and Hawaii, are cities which are received women trafficked. However, in small cities and suburbs, Russian crime groups are actively involved in trafficking in the United States. PREVENTION Over, 27 million people, with almost 20% of victims being children, are victims of human trafficking worldwide. However it is impossible to prioritize human trafficking as an issue relative to other local threats, and it s difficult to assess if a particular intervention is having affect. Poverty and limited economic sources and opportunities, enforce lots of women and children, to become victims of traffickers. Because of their desperation for money, they are vulnerable to false promises of job opportunities abroad. However, tragically and unknowingly they made the wrong move. Their families threatened with harm, and they do not have any chance of repaying except of sexual abuse. We will never reach a consensus on the true scale of the problem, but human trafficking becomes day by day, a bigger problem. We must note, that international trafficking will definitely raise issues of migration, otherwise its victims, are not treated as illegal migrants. Seminars and training courses, campaigns, take place all over the world. People have to face that tremendous threat. Since 1999, programs have begun in Asia, in order to address the causes of trafficking in women. Moreover, sustained programs such as data sharing to public probably will help to estimate the true size of the market of human beings. The international community, have to response directly, by adopting suitable policies and the appropriate legislation. Priority although of the community, is to support the victims of human trafficking and demote violation of human rights. 19 State Parties should not forget that we have two main areas, that prevention has to act. These are: The countries of origin See the position of the Commission, in line with the views of the UN, the EU and its Member States. Human Rights Council(HRC) Topic Area A 10

11 The transit and destination countries. According to Article 6 20 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, each State Party shall protect the privacy and the identity of victims, while they have to make legal efforts relating victims trafficking confidentially, under the Rule of Law. Additionally, they should look after the psychological, physical and social recovery of the victims, in sometimes with the NGOs contribution. Especially in children, the State Parties shall take account their age, and provide them with appropriate housing, education and care. 21 Medical experts, social workers, psychologists, who are trained in human trafficking should support the victims and provide therapies. The victims should be in a safety environment, and feel protected. All their basic needs should be ensured, and privacy and confidentially should be prime point. The State- Parties have to help them to reestablish their skill- sets, the self- esteem and personal interests. The State-Parties must recognize that, although those great actions, no country can face this challenge alone. Nations have to be encouraged by strongers, in order to pass comprehensive anti-trafficking laws, and care for the victims. Prevention is described as being better than cure. UNODC s prevention activities generally include the rise of public awareness through policy-makers and law enforcements Article 6 Assistance to and protection of victims of trafficking in persons 1. In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such trafficking confidential. 2. Each State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases: ( a ) Information on relevant court and administrative proceedings; ( b ) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence. 3. Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with nongovernmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of: ( a ) Appropriate housing; ( b ) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; ( c ) Medical, psychological and material assistance; and ( d ) Employment, educational and training opportunities. 4. Each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care. 5. Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory. 6. Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered. 21 Palermo Protocol, 22 UNODC/UN.GIFT Human Rights Council(HRC) Topic Area A 11

12 INTERNATIONAL PROTECTION United Nations The first international agreement on the definition of trafficking is found in the 2000 UN Convention Against Transnational Organized Crime: trafficking in persons shall mean the recruitment, transportation, harbor in 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 23 (Trafficking Protocol, Article 3a). To date, more than 147 States have signed and ratified the Protocol. But, the reality is different and problematic. Few criminals have condemned and most of the victims perhaps not identified. The context of the United Nations, strongly focus on the criminal justice element of this crimes, and dedicates substantial resources to developing more effective solutions locally, both of a national and an international level. United Nations Office on Drugs and Crime (UNODC) The United Nations Office on Drugs and Crime help the states on a daily basis, by creating comprehensive national anti- trafficking strategies and assisting with resources to implement them. Special assistance is given to the states, including experts. In addition, UNODC offers important tools to animate the cross-border cooperation on investigations and prosecutions 24. Member States should establish and strengthen their policies to prevent trafficking in human beings, while they have to take measures to protect more the people for becoming victims of trafficking in human beings. UNODC works in order to prevent and combat both human trafficking and migrant smuggling. It has to define the immediate priorities for its future action and involvement on these crimes. «ACTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND ILLICIT TRAFFICKING, INCLUDING DRUG TRAFFICKING ( )» is the title of UNODC s Thematic Program, against trafficking and drugs. This program has as view, «to strengthen and coordinate the criminal justice response to human trafficking and smuggle the migrants» 25. THE RIGHT TO AN EFFECTIVE REMEDY AND STATE OBLIGATIONS Effective remedies What is the right to an effective remedy? According to the Human Rights Issues in Criminal Justice which includes the civil rights, everyone has the right to an effective remedy in case his or her human 23 UNODC (2013). Prevention on Human Trafficking and Migrant Smuggling. Retrieved February 2013, from: 24 UN Convention Against Transnational Organized Crime (2000). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. [Convention text and protocols can be viewed at 25 UNODC's Response to Human Trafficking, 2012 UNODC, Human Rights Council(HRC) Topic Area A 12

13 rights are violated. As required by law, any person whose Human Rights have been violated has the essential right to effective remedies and effectiveness of justice, aiming at providing effective recourse. Especially for the questions of recourse to justice, they respond under three headings: effective remedy, access to court, actual reparations and/or just satisfactions. 26 A general provision is contained at the International Covenant on Civil and Political Rights (ICCPR), requiring all states to respect and ensure to all individuals within their territory the rights recognized in the Covenant. States must ensure that individuals have accessible, effective and enforceable remedies and obtain reparations where violations have occurred. 27 State obligations The UNODC Toolkit to Combat Trafficking in Persons 28 and notably Chapter 8 regarding the Principles of Victim Assistance 29 requires all States parties of origin and of destination to consider implementing measures to provide for the physical, psychological and social recovery of trafficked victims. Governments should, in cooperation with non-governmental organizations, provide the following types of support: (a) medical; (b) psychological; (c) language and translation; (d) rehabilitation, skill training and education; and (e) shelter 30. The main purpose of the victim assistance program is to be effective, comprehensive and integrated, provided all the necessary support. According to this assistant and support program, one-stop access to all the services mentioned above is required. Notably; Medical assistance Medical need is the most immediate factor that each State should have as a priority concern. Victims may have physical injuries exposing themselves at the risk of disease, may also have made use of drugs, facing health problems and be in danger of unaware sexual health issues such as HIV/AIDS. In all cases, medical examinations and frequent care controls are required. Psychological assistance The trafficking experience plays a fundamental role to the victim s behavior but also to their family and friends relations. The victim generally tends to have a 26 Icelandic Human Rights Centre (n.d.). What is the Right to an Effective Remedy?. Retrieved February 2013, from: project/humanrightscasesandmaterials/comparativeanalysis/therighttodueprocess/effective/ 27 UN Human Rights Committee (HRC) (2004). General comment no. 31 [80], The nature of the general legal obligation imposed on States PartiestotheCovenant.RetrievedFebruary2013,from: rch&docid=478b26ae2&skip=0&query=general%20comment%2031 (Further noting No. 15, 16 and 17.) 28 UNODC (2013).Online Toolkit to Combat Trafficking in Persons; Chapter 8 Victim Assistance. Retrieved February 2013, from: toolkit-chapter-8- victim-assistance.html 29 UNODC (2013).Tool 8.1 Obligation of States. Retrieved February 2013, from: 30 Ibid. Human Rights Council(HRC) Topic Area A 13

14 fear of forming new relations and depression may become overwhelming. When even with the right treatment, such experience may not be completely erased, the main focus on therapies is to help the victim recover and re-establish their personal life, most preferably in their State of origin. Legal Assistance Trafficking victims require legal assistance in case of consenting to act as a witness in a criminal prosecution of the victimizer but also as an illegal immigrant. The close contact between legal assistance and non-governmental organizations will enforce and facilitate the protection of and assistance to victims. Language and Translation When the victim has no knowledge of the Destination State, language and bureaucratic procedures, language and cultural considerations of a native are important factors in order to facilitate the provision of information. In this case, it would be important to provide the services of a translator, preferably of same sex as the victim. Rehabilitation, skills training and education Education, training and rehabilitation assistant services are required to be provided to the victim, whether he/she is permitted to stay in the Destination State or sent home. As soon as they are given a residence, access to all training services above are required. Shelter In most cases, victims are in need of a secure refuge as they have no proper place to stay and escape from the victimizers control. Each State s obligation, whether of destination of origin is more than required to provide such types of shelters to victims where other assistance programs should be followed. 31 MEASURES TOWARDS THE ERADICATION OF HUMAN TRAFFICKING According to the Human Rights Issues in Criminal Justice which includes the civil rights, everyone has the right to an effective remedy in case their human rights are being violated. This violation may appear in several ways, including; failing to provide adequate procedures to complain about, or obtain compensation for, killings by security forces; not carrying out thorough enquiries into alleged ill-treatment by security forces; not establishing complaints procedures regarding the interception of telephone calls; failing to provide means of redress for persons suspended from school on the grounds of their religious affiliation. The most frequently mentioned measures to combat Human Trafficking are listed as follows; Adopt stricter laws and penalties for traffickers in order to combat corruption, especially to the first ranked countries, improve economic and security conditions in the courtiers, and provide public information and acknowledgment, usage of the internet and the Social Media. 31 Ibid. Human Rights Council(HRC) Topic Area A 14

15 CONCLUSION No matter the several efforts of international community and international organizations, trafficking in persons remains a top priority. However, no matter the new procedures, suggestions or laws, unfortunately, new means of technology as well as new kinds of methods will continue making human trafficking one of the worst human rights cases of our century. There is not a certain solution to combat Human Trafficking. However, small steps cam make the difference in order to control its growth. In this case, the importance of the Human Rights Council effort shows its fundamental necessity. Besides, the most common thing that has been enshrined in the United Nations System is the awareness of Human Rights. Since all Member States of the Council are eligible to help each other and provide solutions, further progress shall be made. Given these conditions, the following points must be examined and addressed in a resolution; Penalizing perpetrators; alternative ways of punishments, Providing law enforcements, Involving of the Governments; Strengthening border control and regional security measures, Enriching knowledge and raising global public awareness; how community may be informed, especially in schools, via social media, campaigns, posters etc., Providing treatment and protection to the victims; therapies and psychological support, Strengthening partnerships between nations, inter-governmental and non-governmental organizations. Human Rights Council(HRC) Topic Area A 15

16 ADDITIONAL SOURCES 1. United Nations Global Initiative to Fight Human Trafficking (UN.GIFT): 2. U.S. Department of State. Office to Monitor and Combat Trafficking in Persons: 3. Organization for Security and Co-operation in Europe (OSCE): 4. UNICEF. Child protection from violence, exploitation and abuse: Child Trafficking: 5. UNODC. United Nations Convention against Transnational Organized Crime and the Protocols Thereto. Access to the Convention and its Protocols: text 6. UNODC (2012): Global Report on Trafficking in Persons: 7. European Commission (2012): The EU Strategy towards the Eradication of Trafficking in Human Beings : cation-2012_2016_en.pdf 8. Office of the High Commissioner for Human Rights (OHCHR): UNHR, Office of the High Commissioner for Human Rights, Special Rapporteur on trafficking in persons, especially in women and children: spx 10. Harvard Kennedy School of Government (2006). Human trafficking survey: Belarus, Bulgaria, Moldova, Romania and Ukraine. Retrieved January 2013, from: HumanTraffickingSurveyBelarusBulgariaMoldovaRomaniaUkraine.pdf 11. International Organization for Migration (IMO): Human Rights Council(HRC) Topic Area A 16

17 STRUCTURE Causes of trafficking Find out which are the causes on your country, which are promote human trafficking. Moreover, which are the conditions, which permit procurers do their job, and kidnap people for trafficking, undistributed, Mark the elements of human trafficking, Does education play any part? Most of the people don t know how to protect themselves, Why UN conventions cannot pause sexual orientation Which is the role of the governments and the police? Assistance and protection that can afford to victims Access of victims to affective remedies Public information and support and encourage victims to talk Global Business Community. Human Rights Council(HRC) Topic Area A 17