Susana Medina de Rizzo Combating Human Trafficking – How Coordinating International, Federal and State Law Can Prevent and Punish Exploitation While Protecting.

Susana Medina de Rizzo

Combating Human Trafficking – How Coordinating International, Federal and State Law Can Prevent and

Punish Exploitation While Protecting Victims

March, 10 and 11, 2011 Center for Law and Global Affairs Sandra Day O'Connor College of Law

Arizona State University


Trafficking Victims: Countries of Origin

Source: United Nations Office on Drugs and Crime


Trafficking Victims: Countries of Destination

Source: United Nations Office on Drugs and Crime


ARGENTINA

Palacios Law (1913).

Prophilaxis Law Nº 12331.

Law Nº 26061 on Protection of the Rights of Children and Adolescents.

Law Nº 23364 on Prevention and Punishment of Trafficking and Victims´ Assistance

Law Nº26390 on the Prohibition of Child Labour and Protection of Adolescent Labour


ARGENTINA

CHILE


ARGENTINA

CHILE

BOLIVIA


ARGENTINA

CHILE

BOLIVIA

PARAGUAY


ARGENTINA

CHILE

BOLIVIA

PARAGUAY

BRASIL


ARGENTINA

CHILE

BOLIVIA

PARAGUAY

BRASIL

URUGUAY


PARAGUAY BRASIL

URUGUAY

Triple Frontera MISIONES

CHILE

ARGENTINA


PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

ARGENTINA


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS

CHACO


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS

CHACO

TUCUMAN


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS

CHACO

TUCUMAN

SALTA


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS

CHACO

TUCUMAN

SALTAFORMOSA


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS

CHACO

TUCUMAN

SALTAFORMOSA

BUENOS AIRES


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS

CHACO

TUCUMAN

SALTAFORMOSA

BUENOS AIRESLA PAMPA


ARGENTINA

PARAGUAY BRASIL

URUGUAY


CORDOBA

CHILE

TIERRA DEL FUEGO

ENTRE RIOS

CHACO

TUCUMAN

SALTAFORMOSA

BUENOS AIRESLA PAMPA


¿What can we do to confront trafficking in a more coordinated fashion?

- Carry out trainning and improvement programs for judges,and judicial officers and employees in order to achieve further studies and comparative analysis of the following international instruments related to trafficking and human trafficking:


International instruments related to the crime of trafficking in human beings

• The United Nations Convention against Transnational Organized Crime (2000).

• The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Crime (2000). (approved by National Law Nº 25.632).

• Legislative Guidelines on the Implementation of the United Nations Convention against Transnational Organized Crime and its protocols

• Legislative guidelines for interpreting the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

• Manual to Combat trafficking in human beings - United Office on Drugs and Crime, New York, 2007



• The UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (2 Dec. 1949).

• Convention on the Rights of the Child : Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (25 May 2000).

• Convention on the Rights of the Child (20 Nov. 1989) • C29 Forced Labour Convention, 1930, OIT (ratified in Argentina in

1950).• C105 on the Abolition of Forced Labour, 1957, ILO (ratified in

Argentina in 1960).



• C182 Worst Forms of Child Labour Convention, 1999 , ILO.• C138 Minimun Age Convention, 1973, ILO• The UN Slavery Convention, 1926.• The UN Supplementary Convention on the Abolition of Slavery , the

Slave Trade, and Institution and Practices similar to Slavery,1957.


International Instruments

• The Charter of Fundamental Rights of the European Union (Article 5, paragraph 3 that" prohibits trafficking in human beings ".- (12/18/2000).

• The Universal Declaration of Human Rights, 1948 (articles 4 and 5).

• The United Nations Convention on the Rights of the Child (1989) concerning the protection of children against all forms of sexual exploitation and sexual abuse, and prevention of abduction, trafficking and sale of children .

• The Palermo Protocol (2000) to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against transnational organized crime.

• The Brussels Declaration on Preventing and Combating Trafficking in Human Beings (September 20, 2002 at the European Conference on Preventing and Combating Human Trafficking, urged to coordinate actions among countries of origin, transit and destination to prevent this scourge (articles 7 and 8) ).



• The Framework Decision 2002/629/JHA European Council of 19 July 2002 on combating trafficking in human beings (203 Do.L 01.08.2002, p.1)

• The Framework Decision 2004/68/JHA European Council of 22 December 2003 on the Action against child sexual exploitation and child pornography (OJ L 13, 20.1.2004, p.44)

• Council Directive 2004/81/EC of 29 April 2004 on the issue of a residence permit to nationals of third countries who are victims of human trafficking or have been subject to an action to illegal immigration who cooperate with the competent authorities .

• The Report of the Expert Group on trafficking in human beings European Commission, DG Justice, Freedom and Security, 2004.

• The conclusions of the Tampere European Council (14 and 15 October 1999) in calling for combating those who engage in trafficking in human beings.



• The Commission Communication to the Council and Parliament entitled" Area of Freedom, Security and Justice: Assessment of the Tampere Programme and future orientations "(COM (2004) 0401) .

• The Decision 293/2000/EC of the European Parliament and Council of January 24, 2000, by approving a program of Community action (the Daphne Programme) on preventive measures to combat violence against children, adolescents and women (OJ L 34, 9.2.2000, p.1)

• The Conclusions of the Brussels European Council (4 and 5 November 2004) and the Hague Programme on Freedom, Security and Justice, which asked the Council and the Commission to develop a plan on best practices, standards and mechanisms to combat trafficking .


International Instruments• The Council of Europe Convention on Action against Trafficking in Human

Beings adopted by the Ministers Committee on May 3, 2005.

• The Council Framework Decision of 19 May 2000 on Combating Trafficking in Human Beings, the Communication from the Commission to the Council and the European Parliament on further measures in the field of combating trafficking in women (OJ C 59 of 02.23.2001, p. 307).

• The Communication from the Commission to the European Parliament and the Council on Fighting Trafficking in human beings-an integrated approach and proposals for an action plan (COM (2005) 0514).

• The Report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0400/2005).

• The Protocol Amending the Slavery Convention signed at Geneva on September 25, 1926 (1953).

• The UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956) .



• The International Labour Organization (ILO) Convention Nº 105 concerning the Abolition of Forced Labour (1957).

• The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000).

• The United Nations Convention against Transnational Organized Crime (2000).

• The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Crime (2000) .


International Instruments• The Protocol against the Smuggling of Migrants by Land, Sea and Air,

supplementing the United Nations Convention against Transnational Organized Crime (2000).

• The Inter- American Convention on International Traffick in Minors (1994)

• Resolutions on trafficking in human beings of the OAS:- AG/RES.2148 (XXXV-0/05)- Combating the Commercial Sexual Exploitation

and Smuggling of and Trafficking in Children in the Hemisphere.- AG/RES.2118 (XXXV-0/05)-Fighting the Crime of Trafficking in Persons.- AG/RES.2116 (XXXV-0/05)- Fighting Transnational Organized Crime

Organized Crime in the Hemisphere. - AG/RES.2050(XXXIV-0/04)- Combating the Commercial Sexual Exploitation

and Smuggling of and Trafficking in Children in the Hemisphere. - AG/ RES. 2026 (XXXIV-0/04) Fighting Transnational Organized Crime in the

Hemisphere.



The following resolutions on trafficking of the Organization of America States (OAS):

• AG/ RES. 2026 (XXXIV-0/04) Fighting Transnational Organized Crime in the Hemisphere.

• AG/RES.2019 (XXXIV-0/04) Fighting the Crime of Trafficking in persons, especially women, adolescents and Children.

• AG/RES.1948 (XXXIII-0/03) Fighting the Crime of Trafficking the Crime of Trafficking in Persons, especially Women, Adolescents and Children.

• AG.RES.1776 (XXXI-0/01) Support for the United Nations Convention against Transnational Organized Crime

• AG.RES.1731 (XXX-0/00) Support for the United Nations Convention on Transnational Organized Crime.


¿What else can be done to fight against trafficking in a more coordinated fashion?

• Urge the International Community States to develop a common definition and a common legal framework for preventing and suppressing human trafficking, taking into account the international standards above mentioned.

• Lead national and international researches on underlying the causes of human trafficking, in particular women and children trafficking for sexual and labour exploitation.

• Urge international organization (such as the World Bank, the International Monetary Fund, the Inter-American Development Bank and the World Trade Organization) to financially these researches.

• Take part in constant and systematic information and awarenessraising campaigns on human trafficking for all population, taking into acount native language and idioms.



• Explicitly discourage the demand through educational –social and cultural- measures.

• Systematically include the human trafficking issue in different forums and academic activities of diverse professions and specialties.

• Address to the existing connection between human trafficking and legal and illegal immigration, taking into acount that legal migration channels are mechanism to prevent human trafficking.

• Suggest the administratives agencies to review the visas and passports granting policy.

• Be aware of the sexual and labor exploitation liaison in domestic services provision, where young girls are brought under dependence situations by traffickers. This situation is also connected to slavery, illegal adoption and forced labours.



• Carry out a close analysis of prostitution demand as a potential generator of the human trafficking phenomenon, examining how each state's legislation influences on the number of trafficking victims.

• Create a national and an international free of charge emergency telephone “hotlines”, where citizens could give notice of human trafficking. For this, intensive radial, graphic and TV campaigns should be displayed.

• Dealing, in an appropriate and urgent way (including new legislation), with the problem the use of new technologies -especially the Internet- to spread information on women and children availability and demand for sexual exploitation, whose growing influences in human trafficking increasing.

• Lead the study and monitoring on the law interpretation and enforcement of the existing instruments against human trafficking. Furthermore, a deep analysis of international legal measures against children and women´s trafficking should be started.



• Create a data base.• Urge the media on creating a network.• Take part in awareness raising campaigns aimed at risk prevention

and education of the most vulnerable society sectors .• Urge the creation of laws that strengthen the prosecution and

punishment of traffickers -whether natural or legal persons-.• Urge the application of severe penalties for customers.• Encourage security forces training • Encourage education and awareness raising campaigns in primary

and secondary schools • Urge labour activities controls. • Fight money laundering • Encourage awareness raising campaigns among business travelers. • Encourage awareness raising campaigns in the tourism industry:

ethics code.• Encourage social inclusion programs.



• Urge the states to develop a micro credit scheme.• Urge the adoption of protecting measures for trafficking victims,

helping them to return to thei countries of origin, if requested.• Urge the administrative authorities to keep strictly record of births,

especially in underdeveloped countries.• Provide educational programs for community operators in critical

areas.• Encourage international agencies -like the UN, ILO, EC, the

Organization for Security and Co-operation in Europe (OSCE), the Beijing Review Process, the Stabilty Pact for South Eastern Europe, the G8, the Ibero- American Sumit, the International Organization for Migration (IOM) and the UN Children´s Found (UNICEF)-, to ensure coherence and co-ordination of its activities in all international forums, in smuggling and trafficking prevention and suppression.


Conclusions

We must commit ourselfs to effectively combat this transnational crime, which infringe millions of people fundamentals human rights in the entire world at 21st Century dawn. For this, we must be convinced that there is no peace without justice, no justice without truth and no truth without a commitment

.

Judge Susana Medina de Rizzo

Susana Medina de Rizzo Combating Human Trafficking – How Coordinating International, Federal and State Law Can Prevent and Punish Exploitation While Protecting.

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