Framing, measuring and fighting human traffickingPROF JAN VAN DIJK

Brussels, April 28, 2016TRACE

Babelonion Mess Palermo definition (means, acts and purpose

of exploitation), also adopted by CoE, 2005

ILO concept of forced labour (extensively interpreted)

Modern Slavery: Walk Free and UK ( not Scotland)

Working definition: the criminal business of controlling and exploiting another person

How to frame Human Trafficking?

Initially framed as 1 one of the principal forms of Transnational Organized Crime (with focus on combatting maffia-type organizations rather then on victim protection) 2 a transnational crime, requiring international cooperation 3 focussed on victims of sexual exploitation (women and minors)

Refocussing since 2005

Human-rights and victim-based (CoE Convention)

Labour exploitation (reversal of gender sensitivity / role of ILO)

Internal trafficking/exploitation of nationals

Reframing 2015

Controlling and exploiting others contrary to their human dignity

Both recruitment and exploitation not typically controlled by organized crime groups

Not typically targetting irregular migrants

Ergo: Modern Human Slavery (Walk Free/ILO/UK)

Measuring Modern Slavery

Counting identified victims (UNODC and EU)

Survey-based estimates (ILO and Walk Free: 20 surveys) with focus on severe forms of labour exploitation

Multiple Systems Estimation (????)

MSE

Capture/Recapture estimation using not two but three or more lists (independency requirement relaxed)

Since multi-agency identification of victims is internationally recommended, MSE is applicable to many of the existing, multi-source THB databases

Hypothetical example of the listing of 1000 persons on three different lists

categories 1 2 3 4 5 6 7 8

LIST 1 X 0 0 X 0 X X O

LIST 2 0 X 0 X X 0 X O

LIST 3 0 0 X 0 X X X O

observations 70 400 500 10 0 15 5 ???

Data of National Crime Agency UK; each column shows the number of cases which fall in the combination of five

lists indicated by the cells marked (n=2.744) (Silverman, 2014)

British estimate

“The estimated confidence interval for the actual population size (including the 2744 cases already known to the NCA) is from 10,000 to 13,000, so this suggests that the estimated true numbers are 4 to 5 times larger than the 2.744 victims recorded by the NCA”

Fighting Modern Slavery

How to monitor implementation of UN protocol and CoE Convention ? (TIP reports, Free to Walk Responses Index and reports of GRETA)

Quantitative ratings on the basis of these three monitoring tools show high correlations

GRETA; 15 independent experts (and a powerfull staff)

34 policy requirements according to GRETA’s reports

A Legal-institutional Framework C Enforcement

1 Criminalization of HT (including for labour/ children) 21 No punishment clause

2 Action plans ( size of budget) 22 Special investigative unit (no. officials )

3 Interministerial task force (meetings, NGO's, independent evaluation) 23 Special prosecutors (no. officials)

4 National coordinator/rapporteur24 No. prosecutions per mill (related to no. identified victims)

5 Comprehensive identification and referral system25 No. convictions per mill (related to no. identified victims)

6 International cooperation (police, prosecutors, consulars)26 Severity of sentences (years of imprisonment) (incl. confiscation)

7 Integrated statistical system, incl. data protection 27 Maximum penalty for HT (> 5 years)

8 Training officials (incl. labour inspectors) 28 Witness protection

9 Research (incl. on victim satisfaction)

D Prevention

B Assistance/protection 29 Awareness campaigns

10 No of victims identified (rel to population) 30 Screening of visa applicants/information

11 Adequate support, incl shelter, health, occupational training 31 Border control measures

12 Provision of support delinked from cooperation with police 32 Development aid/poverty alleviation

13 Recovery/ reflection time of 30 days 33 Demand reduction, incl. through criminalization

14Temporary residence permits; how many (related to no. Identified victims) 34 Forging of travel documents criminalized etc.

15 Information on rights and free legal aid

16 Safe return/reintegration

17 Compensation in trial (related to no. identified victims)

18State compensation, incl. illegals, non EU res (related to no. identified victims)

19 Identification, services and legal guardian for child victims

20 Witness protection

Enforcement requirements 21 No punishment clause 22 Special investigative unit (numbers of

officials ) 23 Special prosecutors (numbers of officials) 24 Prosecutions per mill (related to

identified victims) 25 Convictions per mill (related to identified

victims) 26 Severity of sentences (years of

imprisonment) (incl. confiscation) 27 Maximum penalty for HT (> 5 years) 28 Witness protection

Terminology of GRETA’s recommendations

Urging changes means non-compliance Considering problems and inviting changes

means that GRETA sees room for improvement

If no recommendations are made, the State Party complies

GRETA sometimes welcomes best practices

GRETA’s fifth General Report, 2015

Scoring guidelines (Van Dijk, Klerx, 2012)

0 --- GRETA urges changes

1 --- GRETA considers or invites changes/ urges changes on a minor aspect

2 --- GRETA makes no recommendations on the issue or welcomes its mode of implementation (best practice)

Total scores of items on A infrastrucure and C enforcement of 29 countries (maximum 58)

A Legal-institutional Framework

Item total C Enforcement Item total

1 Criminalization of HT (including for labour/children) 48

21 No punishment clause

242 Action plans (size

of budget) 4622 Special

investigative unit (no. officials ) 42

3 Inter-ministerial task force (meetings, NGO's, independent evaluation) 37

23 Special prosecutors (no. officials)

224 National

coordinator/rapporteur 25

24 No. prosecutions per mill (related to no. identified victims) 31

5 Comprehensive identification and referral system (incl. in detention centres for illegals) 23

25 No. convictions per mill (related to no. identified victims)

256 International

cooperation (police, prosecutors, consulars) 40

26 Severity of sentences (years of imprisonment) (incl. confiscation) 26

7 Integrated statistical system, incl. data protection 26

27 Maximum penalty for Human Trafficking (> 5 years) 52

8 Training officials (incl. labour inspectors) 30

28 Witness protection

229 Research (incl. on

victim satisfaction) 22  

Item specialised prosecutors by item number of convictions

Conclusion

Numbers of convictions go up if, and only if, more specialised prosecutors are assigned and properly trained

If at all possible, let these complex cases be adjudicated by specialised judges too

In Conclusion

Let’s talk Modern Slavery

Measuring the dark numbers of modern slavery victims is work in (rapid) progress

Many EU countries still fail their treaty obligation to bring the modern slave drivers to court