Victim Identification Toolkit

Training Kit

Overview

Definitions (trafficking – smuggling)

The Hong Kong context

Victim identification

Child trafficking

The role of the support services

Activity 1

Describe

a child trafficking victima forced labour victima sexual exploitation victim

In particular:How does s/he look like? How old is s/he?What does s/he wear?How does s/he talk?

Definitions

Human trafficking – as defined in the Palermo Protocol

Act: recruitment, transportation, transfer, harbouring, receipt

Means: threat, use of force, coercion, abduction, fraud, deception, abuse of power, position of vulnerability, giving or receiving of payment or benefits

Purpose: exploitation

Definitions

According to the Palermo Protocol,exploitation includes at a minimum

the exploitation of the prostitution of others or other forms of sexual exploitation

forced labour or servicesslavery or practices similar to slaveryservitude the removal of organs

Definitions

Trafficking

Exploitation-based On arrival at destination

the real problems begin. The person may not leave

at his/her own choices.

Smuggling

Transportation-based On arrival at destination

the migrant is free to make his/her own way.

The Hong Kong Context

The Palermo Protocol is not applicable to HK Section 129 of the Crimes Ordinance

limited becauseonly focuses on movement to and from HK andonly states one form of exploitation, prostitutionnot in line with international standards, including the Palermo Protocol

No criminal prohibition on forced labour Rare cases because

hidden by naturepoor victim identificationlack of relevant legislation

The Hong Kong Context

Main featuresDestination and transit territoryVictims are men, women, teenage girlsSource countries (China, Colombia, Indonesia,

Thailand, Vietnam, the Philippines, Nepal, Cambodia)

Foreign domestic helpers’ situation – debt bondage

Commercial sex trafficking

Victim identification

Identification is a complex and multi-layered processComplex and silent nature of the crime

identification is not a straightforward processDifferent stages of identification when will the

victim be referred to relevant support services• Preliminary identification by non-specialized police in

partnership with community members• Identification by specialized police units• Procedural identification• Judicial identification

Victim identificationMany people may encounter trafficking victimsduring their daily work Great variety of actors are involved in the identification process. Front line staff

NGOs, social care providers, churchesBorder guardsPoliceImmigration services Health care providers Labour inspectors

Actors of the criminal justice system Consulates

Victim identification

Issues surrounding identification

Identification is a multi-layered process Gender Fear of authorities Fear of reprisals Nexus between immigration/crime and trafficking Victims’ lack of understanding of their victimhood Relationship with the trafficker

Victim identification

Risk factorsMisconceptions: only poverty, lack of knowledge

are causes of human traffickingReality• Many victims are partially/fully aware that they are

involved in commercial sex acts.• Victims come from all age groups.• A significant proportion of victims are coming from

urban areas.• University graduates may also fall prey to traffickers.

Activity 2

True or false 

Victims often make a conscious decision in the belief that they will lead a better life.

 Victims expect to be held captive for a while and also assume that they cannot choose their working conditions.

Victims receive good payments for their work.

Victims receive medical care on an emergency basis only.

Victims may accept abusive, harsh conditions hoping that their situation will improve.

Victim identification

The probability of trafficking may be high inthe following situations:

RecruitmentPersonal documents and belongingsViolence or threat of violenceWorking conditionsLiving conditionsFreedom of movement

Activity 3True or false  Victims can easily control their recruiting possibilities, working

and living conditions.

In most cases victims experience mental abuse.

Victims are forced to live in unhygienic/shared accommodation.

Victims are almost never physically abused.

Victims’ personal belongings, documents and money are taken away.

Activity 4

Role play

A FDH is interviewed by a police officer or an NGO’s social worker. She ran away from her employers’ home having sought help at the police station/NGOs office. There are wounds on her face but she will not tell how they occurred. The police officer’s/NGO’s social worker’s role is to find out if she could be a victim of trafficking.

 

After the interview:1. Feedback from the victim. How did she feel about the officer’s/social worker’s behaviour?2. Feedback from the officer/social worker. How did he/she feel? What helped him/her to comfort the person and get the necessary information?

Child Trafficking Palermo Protocol

Children: persons under 18 years of ageSpecial definition under the Palermo Protocol:• Act (recruitment, transportation, transfer, harbouring, receipt)• Act does not need the element of threat, coercion, fraud or

deception• Purpose (exploitation)

Sexual exploitation AND forced labour as well

Trafficked children end up in work that is dangerous to their health, safety and morals.

Child Trafficking

UN Convention on the Rights of the Child applies to HK

Human trafficking violates the following rights of the children

to be protected from exploitationto remain with their familyto go to schoolto be protected from sexual violence to have time to play

Child Trafficking

Risk factorsFamily disruptionsSocial/economic factorsDomestic violenceCommunity factorsSpecific factorsInstitutional factors

Activity 5

Discuss a case

A 15 year-old girl dreams of becoming a model. She meets a man who tells her about a modelling job in another city. The girl leaves school and travels alone to the city. When she arrives at the destination, she finds that the modelling agency does not exist instead a night club owner meets her and she is expected to entertain customers in pornographic performances.

Questions:1. Is the girl a trafficking victim? 2. Is the man a trafficker?

Support services

Trafficking is a violation of the human rights ofthe victim.

Key points:avoid secondary victimizationthe importance of proper identificationconsider the needs and rights of the victiminform victims of their rightsprotect the privacy and identity of the victim

Support services

Victims have multiple needs. Therefore,comprehensive forms of help are required.

physical, psychological, emotional supportreferral to medical careshelterguidance through decision making legal representation interpretation and translation financial support, compensationassistance to return home (if victim wishes)

Support services

Liberty Asia’sRegional Victim Crisis Centre

2100 3300

The Crisis Centre covers the Mekong Region:China, Cambodia, Laos, Myanmar, Malaysia, Thailand, Vietnam