1
FACULTY OF GOVERNANCE AND GLOBAL AFFAIRS
INSTITUTE OF SECURITY AND GLOBAL AFFAIRS
CRISIS & SECURITY MANAGEMENT MASTER PROGRAMME
2017-2018
Master Thesis
Implementation strategies employed by UNODC in
the fight against Human Trafficking
A Dutch perspective
By: Ejiya Anastecia Eguabor (s1791249)
Thesis Supervisor(s):
Dr. Jaap Reijling
Dr. W.J.M. Aerdts
2
Foreword
This thesis is written as a completion of the master’s program Crisis and Security
Management. The thesis explores and explains the implementation of the UN Protocol to
‘Prevent, Suppress and Punish Trafficking in Persons’. It identifies the actors involved in
the implementation and their roles and responsibilities by applying the Principal-Agent theory and other theories of implementation. The aim of the thesis is measure the
effectiveness of the strategies employed by the UNODC in implementing the Protocol as assigned to it by the United Nations.
The Crisis and Security Management master’s program has enlightened my understanding of how policy making concerning security works. It has shed so much light on the decision making of policy makers; why and how they do what they do.
I would like to express my sincere gratitude firstly to God almighty for giving me the grace and ability to undergo this study. I would like to sincerely thank my teachers, my colleagues, faculty staff and my thesis supervisor who has made my learning experience a memorable one and has contributed one way or another to my successful completion of this program. Last but definitely not the least; I want to thank my husband, daughter and family members for being pillars of support all through.
The Hague, March 2017 Ejiya Anastecia Eguabor
3
1. Introduction ... 4
Problem Definition ... 5
Research Objective ... 6
Research question – Explanatory ... 6
Scientific Relevance ... 6
Societal Relevance ... 7
Link with Crisis and Security Management ... 8
2. Theoretical Framework ... 9
Implementation Theory – Literature Review ... 14
Effectiveness: Performance management from an a-symmetric information perspective ... 16
3. Methodology ... 19
Qualitative Research (multiple case study design) ... 19
Analysis ... 22
Operationalization ... 22
Sampling ... 22
4. Research Results ... 24
5. Recommendations and Reflection ... 51
Reflections ... 51
4
1. Introduction
Human trafficking is a security issue that greatly undermines human rights. Though slave trade as it was originally known had officially ended over a century ago, the selling and buying of human beings is still very much active today. In recent times, a truck was discovered in the United States with alleged illegal immigrants being smuggled into the United States. Such horror stories of modern slavery is not new, rather the modus operandi of traffickers is what has changed from the days of slave trade. Human trafficking has taken different forms; from smuggling people from underdeveloped countries to developed countries for the purpose of using them for menial jobs to hawking them as sex slaves. Human trafficking is heinous crime against human rights and as such taken as a direct threat to human security. Human traffickers pose an enormous threat to the vulnerable in our societies. They directly threaten the well-being and safety of their victims. This is a security issue that should not be ignored or politicized as it clearly places human lives at risk,
especially women and children form war thorn and poverty stricken countries.
Various organizations and governments have responded in different ways to this human security issue; the United Nations (UN) is no exception. Annex II of the United Nations convention against Transnational Organized crime iterates the protocol to prevent and punish trafficking of persons (United Nations, 2004). The UN has responded to this crisis by
providing a protocol that all State Parties should use as guide to combatting human trafficking and has also placed the implementation of the Protocol in the management of UNODC and executive arm of the United Nations. Whether all UN State Parties adhere to this Protocol is a major question that cannot be immediately answered. Whether the
implementation of the Protocol is successful is also a major question. Scholars have written much on human trafficking under different observations and from different perceptions, however, little has been written on the implementation of the UN Protocol and how
successful the UN Protocol is in combatting Human Trafficking. This research will explore, explain and analyse the implementation of the UN Protocol by the UNODC from a Dutch perspective.
What is Human Trafficking? UN Definition:
“Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of
5
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 labour or services, slavery or practices similar to slavery, servitude or the removal of organs” (UNODC, 2000). This protocol however, entered into force on 25 December 2003 (UNODC, 2018)Problem Definition
Human trafficking is one of the most atrocious crimes of our present day world. “Across the globe, millions of people live in slave-like conditions, generating billions of dollars in profit for their traffickers. Human trafficking undermines the security of states because it is related to organised crime and corruption, and because some traffickers deal not only in people but also in drugs, weapons, and other goods. But most obviously, trafficking violates the human rights of trafficked persons who are exploited, raped, and sometimes killed”i
(Friesendorf, 2009).
The business of human trafficking is unfortunately quite lucrative to traffickers and as such has made it more dangerous to combat. There are many players in this dangerous game and the population is hidden. The inaccessible nature of this population has made the fight against it complex and cumbersome. The different modus operandi of traffickers makes it even more complex. Governments try to differentiate between different forms of trafficking and for what purpose; this categorization can be perceived to enhance the masking of the style of
trafficking to prevent punishment for this heinous crime. Human trafficking is a problem requiring different tactics, expertise and strategies to deal with. This research will therefore focus on the problem of effectiveness of the UN protocol under the UNODC’s mandate. Implementation theory as explained by Howlett et al and others will be used to analyse the research findings. Howlett et al explains various types of implementation theories such as game theory, top-down approach and bottom-up approach (Howlett, Ramesh, & Anthony, 2009). Theorists like Heinrich & Marschke (2010) have augmented to these sought by studying information-asymmetries between principals and agents as the main explanatory factor for failure of success. The research findings will be mirrored against these theories; the theories will help analyse and explain the challenges, successes and or failures of the
6
The Netherlands Government’s Response to Human Trafficking
According to the 2017 report from the national reporter on trafficking in human beings and sexual violence, over 6,000 people in the Netherlands are victims of human trafficking every year (DutchNews.nl, 2018) (Dettmeijer-Vermuelen, Van Bemmel, & Esser, 2017). The report goes further to state that 66% of these individuals are coerced into the sex trade. This is the first report of its nature to be produced by the Netherlands government and this research was done in cooperation with the United Nations Office on Drugs and Crime (UNODC)
(Dettmeijer-Vermuelen, Van Bemmel, & Esser, 2017) (DutchNews.nl, 2018).
National reporter Corinne Dettmeijer said: “I am extremely concerned about the drop in reports,‘Human trafficking is not in decline. We now know that the number of victims is around 6,250 a year and this means an increasing number of cases are under the radar” (DutchNews.nl, 2018).
Research Objective
The main objective of this research is analyse the strategies, deficiencies and successes in the implementation of the UN protocol on fighting human trafficking using implementation theories as explained by Ramesh et al (2009) and others, and come up with possible suggestions on how to handle implementation challenges and increase effectiveness.
Research question – Explanatory
How effective are the strategies employed by UNODC in implementing the UN Protocol for fighting Human Trafficking from the Dutch perspective and how can deficiencies be
explained?
Scientific Relevance
To date much has been researched about the problem of human trafficking from different perspectives; however, little has been done on studying the implementation of these policies aimed at combatting human trafficking. This research will review one of such policies and analyse the implementation strategies to know if the strategies affect the effectiveness of the policies. Much focus will be on UNODC as an institutional actor in the fight against human trafficking established by the UN and also on the actions taken by the Dutch government. An in-depth explanation of the implementation strategies will be given based on literature reviews on public implementation theories and practices. For the purpose of this research, the ‘Protocol to Prevent, Suppress and Punish Trafficking in Persons’ will be taken as
7
UN’s response to the problem of human trafficking, neglecting all other governmental responses by different states outside of the UN mandate. This research will look at how the Dutch government’s strategies align with the UN Protocol.
An understanding of the behaviour of government’s institutions and agencies, interest groups and all the actors involved in policy making is necessary in theorizing governments’
approach to policy formulation and implementation (Sabatier, 1991). The Importance of community networks and community sub-systems cannot be overlooked or underestimated when trying to study or understand public policy formulation and implementation (Sabatier, 1991). All the actors involved have to be considered, because they can influence policy implementation negatively or positively.
The UN is an autonomous entity with many networks and policy sub-systems. Though a large entity, the UN has successfully crafted policies often referred to as conventions or protocols that have been implemented successfully using various arms such as WHO, UNICEF, UNDP to mention but a few. The effectiveness of these programs is a different question all together. The protocol to combat human trafficking is one of such protocol in a convention that has been implemented using UNODC as the tool for implementation.
Societal Relevance
This study will provide some more insight into the implementation of the UN protocol to combat human trafficking. The effectiveness of the protocol will be tested since its inception in the year 2000. Has Human Trafficking reduced? What is the focus of UNODC on this issue? What are the goals and milestones? What the cooperation and networks involved in this battle. It is safe to assume that one of the goals of every society is safety for its
communities which are made up of real people. Real people have real insecurities. Some of these insecurities make these individuals vulnerable to the threat of human trafficking. It is therefore imperative that such criminal activities that pose dangerous threat to people in the society be dealt with by those responsible for providing security to the society. The United Nations is involved in managing different crises and security issues. For instance, the UN is actively involved in peacekeeping missions. The UN have procedures in place that help to decide in which conflict or crisis it should be involve in peacekeeping wise. The UN
peacekeeping missions have achieved notable results over the years. It is safe to say that the UN peacekeeping missions play a notable role in collective security (Roberts, 1994, p. 3).
8
The UN also plays a role in the functioning of the World Health Organization (WHO). The World Health Organization deals with human security in the aspect of providing affordable health care and helping in solving epidemics especially in impoverished parts of the world. The mission carried out by WHO is providing policies to help save lives and improve health by bridging the gap between potential and essential drugs. To successfully carry out this mission, the WHO works with partners in producing guidelines and practical tools and developing the human resources needed for the operational part such as research. The UN plays a strategic and operational role in this mission of improving quality of life and
affordable health care worldwide (World Health Organization, 2002, p. 4). However, disease control is very different from trafficking control. Researching for affordable medicine and implementing policies to combat human trafficking are different though some strategies may be similar.
Link with Crisis and Security Management
This research topic is linked to crisis and security management because; Human Trafficking is a crime against human security and human rights law. It is a criminal offence and is
punishable by law. In some societies trafficking is almost an epidemic, a crisis situation and a threat to the security of the people in such societies.
This thesis will present a chapter on literature review, a chapter on methodology which will clearly state how the research will be conducted, a chapter on research findings and analysis and a conclusion.
9
2.
Theoretical Framework
This case study will be based on critical literature review on implementation theories and some concepts in the field of Security.
The following concepts, constructs and theories will be defined and/or explained leading to an analytical framework or qualitative research model as the basis for the analyses in the following chapters: Security Human security Human trafficking Implementation theory Effectiveness
The Concept of Security
What is Security? Answering this question raises a debate within the field of security. William states that alleviation of threats to cherished values is commonly associated with security (Williams, 2008). Defining and re-defining of ‘Security’ has become an industry of its own, with political interests and agendas playing a major part in the definition of security (Baldwin, 1997). This definition process often takes the shape of proposals for giving priority to issues such as human rights, drug traffic, environment, and external military threats, (Baldwin, 1997). Recognizing the common features in the various concept of security helps to understand the underlying security issue at hand.
Williams (2008) helps us to understand the concept of security by asking the four
fundamental questions: “What is security?”, “Whose security are we talking about?”, “What counts as a security issue?” and “How can security be achieved?” The answer to the third question leads us directly to the concept ‘Human Security’.
Human Security as Concept
Since 1994, the concept of human security has been debated in many international
organizations and critiques of this concept wonder if the concept is real or just another bubble of definition of what constitutes a security issue (Tadjbakhsh, 2005). Defining Human
10
Security is not less complicated than the definition of ‘Security’ itself. Human Security issues ranges from violence against human beings to starvation and lack of basic medical care. For some, human security could be defined as freedom for poverty, for some freedom from illiteracy, yet for some human security is having a sustainable income and walking on safe streets.
“Human security” as a term that was first brought into international debate in the 1990s as a reaction to new “downside risks” that could touch everyone (Howard-Hassmann, 2012). “The United Nations Development Programme (UNDP) defined human security as both safety from such chronic threats as hunger, disease and repression and protection from sudden and hurtful disruptions in the patterns of daily life.” (Howard-Hassmann, 2012, p. 89). Even though the UNDP was the first organization to use term ‘human security’ in 1994, the origin of the term can be traced back to as early as 1975 from the Helsinki Accords which linked State security to human rights (Howard-Hassmann, 2012, p. 89).
Therefore when dealing with the issue of human trafficking as a security issue, it is
imperative that the question of whose security are we talking about is answered. The issue of whether human trafficking constitutes a human security problem has been defined. The major
problem here is who needs this security and how can security be achieved for this group of persons. Human Trafficking is a human rights offence and broad topic to tackle; complete and accurate data on human trafficking is difficult to collect because of the nature of the population involved.
Human Trafficking – Literature Review
According to Coonan and Thompson (2005), human trafficking is an ancient evil with a modern face; it is therefore not a new phenomenon (Coonan & Thompson, 2005, p. 43). One of the major societal problems that would get the attention of the international community in the 21st century and call for cooperation to combat is Human Trafficking (Coonan &
Thompson, 2005). The fight against human trafficking has been on from the days of slave trade. The end of slave trade simply meant that traffickers started trafficking people for other reasons other than working in plantations. Though there has been a significant effort to curb the problem for almost two decades. However, the efforts have been uneven and have exposed shocking cracks in the ranks of those who oppose this criminal trade (Coonan & Thompson, 2005).
11
As agreed by many scholars, Human Trafficking is a growing problem (Coonan & Thompson, 2005), permeable borders and the entrance of free market with producers constantly seeking cheaper labour has made it even more difficult see some progress in the fight against human trafficking. “The demand for cheap labour help sustain a shadow slave industry that yields an estimated $9 billion in profits annually” (Coonan & Thompson, 2005). This suggests that there is an economic side of human trafficking that is benefitting even the average consumer without a conscious knowledge of it.
In the last decade, Journalists, politicians, NGO workers and even scholars have been stating that human trafficking is a very profitable global criminal venture that affects millions of victims at any given time (O'Connell Davidson, 2010). This issue represents one of the most serious human rights violations in our present day world (O'Connell Davidson, 2010). “As a number of critical scholars and activists have noted, the figure of the ‘trafficking victim’, especially of the ‘trafficked sex slave’ has actually been worked to most effect in the service of extremely conservative moral agendas on prostitution, gender and sexuality and in support of more restrictive immigration policies and tighter border controls” (O'Connell Davidson, 2010, p. 244)
Wheaton et al (2010) explored the economics of human trafficking in their article –
Economics of Human Trafficking. They stated that because of the economic gain involved at the heart of production, “human trafficking impedes national and international economic growth” (Wheaton, Schauer, & Galli, 2010) and expected “human trafficking to surpass drugs and arms trafficking in incidence, cost to human well-being and profitability to criminals” within the next decade. The marketplace for trafficked Individuals comprises labour supply decisions by susceptible Individuals (probably migrants), labour demand decisions by employers, and the arbitrator decisions by human traffickers (Wheaton, Schauer, & Galli, 2010, p. 117).
Wheaton et al (2010), presents some severe forms of human trafficking in their paper and the definitions by different organizations. Office on Violence Against Women [OVAW] (2000) defines severe trafficking as either:
‘‘(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
12
(B) the recruitment, harbouring, transportation, provision, or obtaining of a person for labour or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.’’ (Wheaton, Schauer, & Galli, 2010).
Wheaton et al (2010) also presented the definition of human trafficking as stated in the United Nations protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (U.N. Protocol), (2000) that defines trafficking in persons as:
‘‘the recruitment, transportation, transfer, harbouring 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 labour or services, slavery or practices similar to slavery, servitude or the removal of organs.’’ (United Nations, 2004) (Wheaton, Schauer, &
Galli, 2010).
According to the Gangmaster Licensing Authority (GLA), in May of 2008, the licence of a daffodil harvester in the United Kingdom (UK) was taken from him by the licensing
authority. He was accused of imposing debts on his workers, as well as threatening them and their families. The Gangmaster mentioned “abhorrent” living and working conditions as evidence that they had discovered a scandalous account of forced labour in 21st-century Britain. The account of the approximately 500 Polish workers may be less horrific than the accounts of forced prostitution that have hit the headlines since the late 1990s. However, this is an important example because it illustrates the diversity of trafficking (Friesendorf, 2009, p. 21).
The response to the problem of human trafficking hinges very much on the definition given to the problem by the authority taking action or drafting and implementing a policy.
Trafficking has been approached from a number of angles, each representing the perceptions and interests of various parties (Friesendorf, 2009, p. 25). Just like the concept of security, the policy on how to achieve security is widely driven by the definition or perception of the
13
policy maker. The value placed on the object of threat is directly proportional to the decision taken to deal with the threat and the resources that will be allocated to the cause. Therefore the implementation of policies to combat human trafficking will be based on how the
problem is perceived. If two different governments or organization define or perceive human trafficking differently, it is safe to say that their response to the problem will not be the same. Their responses may however be similar in the best case scenario.
Friesendorf (2009) argues that Governments view trafficking mainly as a global problem of organised crime. This viewpoint has educated those who drafted the UN Protocol. It places human trafficking inside the same theoretical framework as trafficking in arms and drugs, and therefore assumes that methods and actions against organised crime can work against human trafficking as well (Friesendorf, 2009, p. 26). However, a vantage point here is that
trafficking interlaces with other organised crime setups in numerous ways. For Instance, trafficking can ensue along the same itineraries as trafficking in drugs or weapons; in
“combined retailing” (Friesendorf, 2009, p. 26) arrangements, traffickers may sell both drugs and sexual services provided by trafficked persons (Friesendorf, 2009, p. 26); or, a person may be used as a “drug mule” on his/her way, before ending up in forced labour in a destination country (Friesendorf, 2009, p. 26). Nevertheless, the disadvantage of this “one size fits all” assumption that the methods used for other organized crime will work for human trafficking is that, most of the human traffickers are small-time franchises working within a small, unsophisticated, disorganized network which easily falls under the radar of law enforcements and organizations like the UNODC (Friesendorf, 2009, p. 26).
Another myopic framework is one that perceives trafficking as a migration problem. Friesendorf (2009) argues that it is not the very poor that leaves their home (Friesendorf, 2009). Instead, a minuscule increase in economic development in addition to an increasing knowledge of relative poverty drive people to migrate; arguing that trafficking is driven by increasing mobility and desire to migrate rather than that the majority of trafficked victims are bundled up and ferried to their destination (Friesendorf, 2009, p. 26). This therefore buttresses the argument that, a comprehensive and effective strategy to combat human trafficking has to be put together by actors with a vast knowledge and a broad perception of the issue of human trafficking.
14
Reducing the incidence of human trafficking requires the collaboration different actors. The government and NGOs cannot handle the fight alone, though they have most of the resources required. Especially because of the economics involved in this criminal venture, the society is required to assist in various ways to deal with the problem of human trafficking (Wheaton, Schauer, & Galli, 2010). Friesendorf (2009), talks about the patterns of human trafficking, the actors and specifically the role of the security sector in the fight against human trafficking. He acknowledges that many States have increased their efforts in the fight against human trafficking, but sadly counter-trafficking still suffers from inadequacies and weaknesses (Friesendorf, 2009, p. 17). He goes further to say that the battle against human trafficking is three facets: “the prosecution of the traffickers, the protection of the trafficked persons and the prevention of the trafficking” (Friesendorf, 2009, p. 17). He states that cutting through these three different components with cooperation from National and international actors are what are needed to constitute counter-trafficking. The security actors in a narrow sense of it include the police and the military, but do not include NGOs and the media (Friesendorf, 2009, p. 17).
However, when considering counter-trafficking in a broader sense, the security sector should include: “core security actors (such as the armed forces, regular police, border police and immigration services), judicial personnel (especially prosecutors and judges), security management and oversight bodies that hold security agencies accountable, and non-statutory security forces (such as private military companies)” (Friesendorf, 2009, p. 18). When defining counter-trafficking security sector, other state-run social service and protection agencies, as well as NGOs should be taking into account because they play an essential role in counter-trafficking without the use of coercive force (Friesendorf, 2009, p. 18).
Implementation Theory – Literature Review
Policies are tools used by governments and intergovernmental organizations and agencies in solving problems. Crisis and Security problems are no exceptions. When there is a crisis that gets the attention of the government and is prioritized on the agenda, the process of policy formulation begins. Howlett et al. calls this process the policy circle (Howlett, Ramesh, & Anthony, 2009). Policy Implementation is a phase in the policy-making circle. When a policy has been formulated, perhaps the most difficult part is implementing the policy. Many a time, policies fail not because they were bad policies, but because it went wrong during the
15
Human Trafficking is a global problem that has caught the attention of governments world-wide. It is a problem that is high on the agenda of the United Nations (UN); therefore a policy (referred to as Protocol) was formulated to combat the problem. Human Trafficking
successfully made its way through the stages of the policy circle onto the implementation phase in the UN. However, is the implementation successful? Is the protocol combatting human trafficking effectively?
Implementation is basically what transpires between a proposed policy and accomplishment on the ground. Policies must be transformed into practice. Policies may have inherent value, by shaping norms of appropriate behaviour. Nevertheless, largely, policies must be
implemented to ensure any effect (Friesendorf, 2009, p. 479). It may seem that
implementation policy is no longer a major quest in the study of public management and policy; however, there is need to revitalize this study of policy implementation (O'Toole, 2000). In-depth study and critique of how governments and non-governmental institutions implement policies could lead to better strategies for implementation and blue prints for crafting these policies in the first place. O’Toole argues that the study of policy
implementation was inconsistent in nature for a quarter of a century before now (O'Toole, 2000).
Paul Sabatier argued that most implementation studies or researches done within 4-6 year - the time it takes to carry out these studies - lack critical features of public policy making (Sabatier, 1986). Sabatier argues that conclusions of earlier studies of policy implementation presented a pessimistic view of the ability of governments to implement their policies
effectively (Sabatier, 1986). However, there was advancement in research as second
generation researchers were more analytical and paid more attention to the specific variables that impacted implementation successes in different programs and governmental units (Sabatier, 1986).
Researchers have used different approaches over time to access implementation of public policy. The most commonly used approaches are the top-down approach and the bottom-up approach. Each approach has its strengths and weaknesses, though these approaches have been empirically texted extensively (Sabatier, 1986). Top-down approach typically starts with the government at the top of the policy hierarchy and civil servants at the bottom to carry out the day-to-day implementation tasks. Some scholars argue that this approach poses the
16
limitation of hierarchical control, but Sabatier argues that this is a pessimistic conclusion and that it is not inevitable for this sort of approach to be subject to an adaptive change that allows street-level bureaucrats and target groups to have a say in the policy implementation (Sabatier, 1986).
Effectiveness: Performance management from an a-symmetric information perspective
In the top-down approach to implementation, effectiveness was seen as keeping to the
original intent of those officials who ratified the policy (Howlett, Ramesh, & Anthony, 2009, p. 164); in this case, effectiveness would be all UN State Parties adhering strictly to the UN protocol and carefully implementing to the letter. This approach to implementation would seem to be the best way to implement a policy; however, implementation is much more complex than this, especially with a body as large as the United Nations. The top-down approach was therefore very much criticized by those who were in favour of the bottom-up approach. They argued that the bottom-up approached considered the effect of the policy on those that will carry out the implementation, that is, the ‘street level bureaucrats’ Hence, effectiveness was seen to come from the adaptive behaviour of the bureaucrats seeking to achieve and sustain the means to accomplish the policy goals (Howlett, Ramesh, & Anthony, 2009, p. 164).
Effectiveness is seen to be realized differently under the different approaches to
implementation. In order to deal with the dilemma created by the two approaches mentioned above, a third theory ‘Principal-Agent theory ‘comes to play (Howlett, Ramesh, & Anthony, 2009). The Principal-agent theory helps us to understand the relationship between the policy maker referred to as the ‘Principal’ and those who actually implement the policy, herein referred to as the ‘Agent’. In the case study of this research, the ‘Principal’ is the UNODC while the ‘Agent’ is all the United Nation Countries; for the purpose of this research, the ‘Agent’ is the Netherlands.
Howlett et al (2009) explains that there are variations in implementation contexts due to the influence governmental, social, economic, technological and political factors. Civil servants who are the agents of implementation for public policy have therefore acquired much discretional capacity in pursuing policy goals under fluctuating environments (Howlett, Ramesh, & Anthony, 2009, p. 167). Civil servants or street level bureaucrats tend to be more
17
specialized in administrative tasks and duties that have to do with policy implementation than political employees. The civil servants have the capacity to decide to whom the law applies and to whom the law doesn’t apply. The dynamics of this Principal-Agent relationship directly influence the quality of the interaction between both parties and limit the ability of the Principal to restrict effectively the behaviour of their agent (Howlett, Ramesh, & Anthony, 2009, p. 167).
Policy researchers have identified a major problem with the principal-agent theory. For instance, there is the propensity for the regulators (Agents) to identify more with the needs of those they are regulating rather than with the Principal (Howlett, Ramesh, & Anthony, 2009, p. 167). At its worst, this problem is thought to undermine the policy and initiate the end or demise of the policy structure. However, Heinrich at al (2010) states that the Principal-Agent theory is beneficial for analysing and evaluating performance management in the public sector. The principal-agent model also provides a framework for dealing with asymmetric information, which is one of the major problems in measuring agent effort and performance.
The Principal-agent model is very useful in analysing how organizational structures and management strategies influence the reaction of agents to implementing policies (Heinrich & Marschke, 2010, p. 187). They stated that: “The complicated nature and technology of public programs compels performance measurement schemes to accommodate multiple and difficult to measure goals” (Heinrich & Marschke, 2010, p. 202).They therefore suggest introduction of incentive schemes in a multi-task environment in order for public programs to be effective. Those programs will be more effective if:
a) Performance goals and indicator are not simply grafted onto the structure of an
agency…, since assigning work so that one group of agents produces only measurable tasks and placing another group of only intrinsically motivated workers in positions where performance is difficult to measure would exploit the motivating power of incentives for some workers and attenuate the moral hazard costs from the lack of incentives for others (Heinrich & Marschke, 2010).
b) Principals invest in performance measurement monitoring to assess a measure’s effectiveness and distortion. If the principal learns faster than the agents, the usefullness of a performance measure is more likely to increase (Heinrich & Marschke, 2010).
18
c) A bilateral model of learning over multiple periods on performance management is augmented by regular evaluations of the agency’s program (outcome and public added value) (Heinrich & Marschke, 2010).
The ground rules as forwarded by Heinrich & Marschke (2010) will offer a framework for analysing the implementation of UNODC policies on human trafficking.
Research Model
Base on the theory and literature review presented above, we can now arrive at a model that can be used for answering the main-research question being: How effective are the strategies
employed by UNODC in implementing the UN Protocol for fighting Human Trafficking from the Dutch perspective and how can deficiencies be explained?
In general, as forwarded by Heinrich et al. (2010), the outcome and public added value of the UNODC protocol will be central to our research. However as stated in the introduction of this chapter, Human Trafficking is a human rights offence and broad topic to tackle; complete
and accurate data on human trafficking is difficult to collect because of the nature of the population involved. Using principal-agent model as explained by Heinrich et al (2010), the
analysis of the effectiveness of the implementation strategy will be addressed under three themes:
i. Agreement on performance indicators by UNODC and state parties; i.e. the goal definition
ii. The attribution of actors (UNODC, the Netherlands government, NGOs) in reaching the goals; organizational responsibility
iii. A clear perspective of the public discourse on the issue of human trafficking; the perceived aim, organizational responsiveness and the reality.
19
3. Methodology
This Chapter deals with how this research will be conducted to produce the required results and answer to the research question. It is essential that the results are reliable.
Research Design
Qualitative Research (multiple case study design)
Using a single case study design will allow me focus on the implementation of this one program crafted by the UN. Using the UNODC as a case study will allow for an in-depth study of the organization’s strategies, the challenges and the successes of its implementation policy. Case study is an empirical inquiry, in which focus is on a contemporary phenomenon” (Yin, (1994). Results from this study can be directly used for a comparative study on the same topic.
The research Period will spann from the year 2000 when the UN Protocol was first drafted to 2017 when the Netherland came up with the first research report that presented actual figures on human trafficking in the netherlands. This is a period of 17 years and quite a long time to research on; to make it the research more feasible, selected documents will be reviewed and its result presented. The two cases that will be studied are the UNODC and the Netherlands government.
20
Diagram of Research design (multiple Case Study)
Data Collection
For the purpose of this research, the data will be collected using triangulation of methods. The three methods that will be employed are: documents review, semi-structured interview and desk research.
Documents Review
The United Nations convention against Transnational Organized crime will be the primary data source for the policy implementation data collection. Other documents, reports and scholarly publications, related to framework and implementaion of the UN protocol will be review, scholarly articles on implementation theories and applications will be reviewed as well. This research will analyse the data collected by UNODC and the recent report by the Dutch national reporter on trafficking in human beings and sexual violence.
21 Interview method
The interview will be structured with open ended questions. The interview will be recorded in order to extract as much data as possible from the response. The recordings from the
interviews will be transcribed and translated to text for analysis. Irrelevant information will be discarded. One of the disadvantages of open-ended questions during an interview is that the interviewee could deviate from the subject and giving very broad and extensive answers.
Desktop Research
The main data sources/search engines for the desktop research will be the UN website for publications and reports, UNODC website for publications and reports, the ministry of justice website, google scholar, some news outlets and etcetera.
Triangulation of methods (Diagram Below)
Data Analysis
The research findings will be analysed in both the ‘framework analysis and the ‘thematic network analysis’. The first approach allows for data reduction. The data collected from interview and document analysis will be reduced by eliminating information that is
completely irrelevant to answering the research question (s). This allows more focus on the goals of the research. The second approach allows for a broadening of the interpretation of the findings of the research. It allows for finding more themes than was originally thought of.
22 Units of Analysis
UNODC
United Nations convention against Transnational Organized crime
Implementation documents
Netherland Report on Human Trafficking
Interview results
Analysis
Implementation theory as explained by Howlett et al. and augmented by Heinrich et al (2010) will be used as the theoretical tool to analyse the research results. The Analysis will be
carried out systematically to increase the accuracy of the results and answer the research questions.
Operationalization
This research will be measuring the effectiveness of the strategies employed in implementing the Protocol, by analysing the milestones and goals achieved, against the background of three identified themes:
i. Agreement on performance indicators by UNODC and state parties; i.e. the goal definition
ii. The attribution of actors (UNODC, the Netherlands government, NGOs) in reaching the goals; organizational responsibility
iii. A clear perspective of the public discourse on the issue of human trafficking; the perceived aim, organizational responsiveness and the reality.
Sampling
The sample for this research will be made up of six individuals. The sample will be chosen using a judgement or purposive method. Two individuals from an NGO who have been on the field in the fight against human trafficking will be interviewed. By being on the field means that they have either assisted victims or protected victims of trafficking. One officer from the Justice department will be interviewed to get the law enforcement and policy perspective of the case. Two individuals will be interviewed at random just to know how aware citizens are of human trafficking and what they think or perceive as the response from the government concerning this growing crisis. Finally one officer from the ministry of
23
foreign affairs who has knowledge of the policy of the implementation the UN Protocol will be interviewed.
Coding
Open coding and actual coding will be done under the three themes presented in chapter two. The codes assigned to documents to be analysed based on the three themes. Interview results will also be coded accordingly.
Reliability and validity
The internal validity of the research will be much higher than the external validity due to the fact that not many individuals will be interviewed to get a broader view of the human
trafficking issue. The official documents will also increase the internal validity. However a high external validity will be difficult to achieve since the research does not involve the victims of human trafficking from whom much valuable information would have been collected.
The victims of human trafficking are a hidden population, it will take many months if not years to be able to locate and access them for interviews. Therefore this research will rely on results from other researchers to ascertain to a large extent how effective the UN Protocol has been in combatting human trafficking. The research findings will be reliable due to the purposeful sampling method applied and the triangulation of methods used in collecting data for analysis.
Disclaimer – Sampling
Due to that fact that interviews could not be conducted with two persons at the policy and two persons at implementation level, in-depth analysis of reports from the policy level will replace interview results. On the implementation level, the documents and texts that will be analysed will from two organizations; namely La Strada and CoMensha. Document and website information analysis will provide the information necessary to replace interview results. Replacing interview results with more documents will affect the external validity of the results, but will have no impact on the internal validity.
24
4. Research Results
Using principal-agent model as explained by Heinrich et al (2010), the analysis of the effectiveness of the implementation strategy will be addressed under three themes:
i. Agreement on performance indicators by UNODC and state parties; i.e. the goal definition
ii. The attribution of actors (UNODC, the Netherlands government, NGOs) in reaching the goals; organizational responsibility
iii. A clear perspective of the public discourse on the issue of human trafficking; the perceived aim, organizational responsiveness and the reality.
By signing the United Nations Convention against Transnational Organized Crime in the year 2000, the global community established the political will to respond to a global challenge with a global response. The UN secretary general at the time – Mr. Kofi Annan, urged the UN Member States to ratify not just the United Nations Convention against Transnational Organized Crime, but also “the Protocol to Prevent Suppress and Punish Trafficking in Persons, Especially Women and Children, which can make a real difference in the struggle to eliminate this reprehensible trade in human beings” (United Nations, 2004).
The themes as forwarded will be analysed by first reviewing the relevant documents on these aspects. This will offer a view on the intentions and goals on the policy level. Then, we will look at reports and desk research on real occurrences and previous researches. Finally it will be important to see how parties perceive those policies and actual results. This three-layered approach offers the basis for arriving at sub conclusions on each theme by triangulation. These sub conclusions than can be further integrated in the main conclusion; which will lead to the answer of the main research question.
25
Goal Definition
Documents Review – (UNODC vs Netherlands Government)
Statement of Purpose (Goals) -UNODC
“The purposes of this Protocol are:
(a) To prevent and combat trafficking in persons, paying particular attention to women and children;
(b) To protect and assist the victims of such trafficking, with full respect for their human rights; and
(c) To promote cooperation among States Parties in order to meet those objectives.”
(United Nations, 2004, p. 42)
From the quotes above taken directly from “the Protocol to Prevent Suppress and Punish Trafficking in Persons” we deduce three major goals which are:
i. Prevention
ii. Protection and assistance of victims iii. Prosecution
These three Ps form the basis on which the UNODC builds its implementation strategies and approach. To achieve these goals, the UNODC needs a major network of actors. These actors include: law enforcements, private corporations, the criminal justice system, NGOs, UN Member States and other UN organizations such as IOM, UNICEF, UNHCHR, UNIAP, UNICRI, UN.GIFT, ILO, etc.
The Netherlands Government – goals
The Netherlands government being a UN Member State is mandated by the UN Protocol to combat human trafficking. The goals should align with that of the UNODC for the Principal-Agent theory to be attributed. The government of the Netherlands as such is dedicated to the UN Protocol. The goals of the Netherlands government are as followed:
i. Prevention of human trafficking ii. Prosecute traffickers
iii. Assistance for victims of human trafficking
To achieve these goals, the Netherlands government has taken a broad approach to combatting human trafficking. The roles and responsibilities have been split between the
26
national government and the municipalities. A separate task force has also been created for the sole purpose of combatting human trafficking. A key part of this approach is setting up partnerships and working in corporation with these partners to identify possible victims of human trafficking. The government has also set up a national referral mechanism to aid victims. The project is designed to improve the supply of assistance and support to all victims as well as improve access to the victims.
Report review – Result (Goal Definition)
The UNODC – Policy level
The UNODC clearly follows the mandate as set out the UN protocol. At the policy level, the UNODC is acting as the main actor in terms of policy implementation. However, the position of the UNODC can also be seen as the Principal. The UN is the Principal who has crafted a policy (Protocol) as a response to a global problem. However, since the UN is made up of over 150 nations, remaining the Principal will be chaotic; monitoring the progress of the implementation will be near impossible. Secondly, since the UN has also framed human trafficking as an organized crime, it was therefore logical to make the United Nations Office on Drugs and Crime (UNODC) the Principal and well as an agent of the policy
implementation.
It is important to note that as the Principal, UNODC has created mean of communication with the agents – being the Member States that have ratified the protocol as when as NGOs who are actively working to make the implementation a success at the grass root level.
To achieve the goals set out at the policy level, the UNODC has put in place what it calls ‘the toolkit to combat trafficking in persons’. This ‘toolkit’ is a comprehensive framework that covers from the definition of human trafficking, implementation strategies, legal framework to monitoring and evaluations. Most forms of trafficking, including trafficking in persons, are usually carried out across borders and cannot be addressed without combined international efforts and international cooperation. It is of high importance that all States who wish to work together to combat human trafficking become parties to the United Nations Convention against Transnational Organized Crime and its supplementary Trafficking in Persons Protocol and Migrant Smuggling Protocol (UNODC, 2008, p. 11).
27
The steps necessary to bring national legislation into compliance with these international instruments may be quite complex, depending on the current state of national law. The United Nations Office on Drugs and Crime (UNODC) has therefore prepared legislative guides to inform and facilitate that process (UNODC, 2008, p. 11). “This tool introduces the
Legislative Guides for the Implementation of the United Nations Convention against Transnational Organized Crime and the Protocols thereto … and provides information on how to seek technical assistance.” (UNODC, 2008, p. 11). However, State Parties have to ratify the UN Convention to become an “agent” in the fight against human trafficking.
“Article 37, paragraph 2, of the Organized Crime Convention provides that, in order to become a party to one of its protocols, a State must first be a party to the
Convention. The provisions of any protocol to the Convention are to be “interpreted together with this Convention, taking into account the purpose of that protocol” (art. 37, para. 4). However, the provisions of a particular protocol are binding on the States parties only if they are parties to that protocol as well.” (UNODC, 2008, p. 11)
Article 1 of the Trafficking in Persons Protocol and article 37 of the Organized Crime Convention establish the following basic principles governing the relationship between the two instruments:
I. “No State can be a party to the Protocol unless it is also a party to the
Convention. The language permits simultaneous ratification or accession, but a State
is not subject to any obligation under the Protocol unless it is also subject to the obligations of the Convention.” (UNODC, 2008, p. 12)
II. “The Convention and the Protocol must be interpreted together. In interpreting the various instruments, all relevant instruments should be considered and provisions using similar or parallel language should be given generally similar meaning. In interpreting a protocol, the purpose of that protocol must also be considered, which may modify meanings applied to the Convention in some cases.” (UNODC, 2008, p. 12)
III. “The provisions of the Convention apply to the Protocol, mutatis mutandis. This means that, in applying provisions of the Convention to the Protocol, minor
modifications of interpretation or application can be made to take account of the circumstances that arise under the Protocol, but that modifications should not be made
28
unless necessary, and then only to the extent necessary. This general rule does not apply where the drafters have specifically excluded it.” (UNODC, 2008, p. 12)
IV. “The Protocol requirements are a minimum standard. Domestic measures may be broader in scope or more severe than those required by the Protocol, providing that all the obligations specified in the Protocol have been fulfilled.” (UNODC, 2008, p. 12) V. “Protocol offences shall also be regarded as offences established in accordance
with the Convention. This principle, which is analogous to the mutatis mutandis
requirement, is a critical link between the Protocol and Convention. It ensures that any offence or offences established by a State in order to criminalize trafficking in human beings, as required by article 5 of the Trafficking in Persons Protocol, will automatically be included within the scope of the basic Convention provisions
governing forms of international cooperation, such as extradition (art. 16) and mutual legal assistance (art. 18) …” (UNODC, 2008, p. 12)
The Netherlands Government – Policy level/Implementation level
It is important to note the Dutch interpretation of the UN Protocol definition of human trafficking as this will form the basis of the goals and implementation approach. The
Netherlands applies a relatively comprehensive interpretation, both with regard to the element ‘abuse of a position of vulnerability’ as well as with regard to the element of ‘purpose of exploitation’ (UNODC; National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, 2017). However, although “the Dutch definition (Article 273f of the Dutch Criminal Code (DCC) is primarily based on the UN Protocol, it is not solely based on it; Article 273f DCC includes aspects that are not informed by the Palermo (UN) Protocol and are based on an older international instrument” (UNODC; National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, 2017).For example Article 273f (1)(3) DCC sees the recruiting, taking or abducting of a person with the aim of persuading that person to make himself or herself open for prostitution in another country. Until recently, neither means nor the purpose of exploitation was required.
Nevertheless, in 2016, the Dutch Supreme Court ruled that the intent of exploitation is actually a “latent” part of this subsection of the Dutch definition. This means that since this ruling, the Dutch definition of human trafficking changed and has become less
29
Violence against Children, 2017). In the bid to increase the effectiveness of the Netherlands government effort to tackle the problem of human trafficking, a research was carried out by the Dutch National Rapporteur in conjunction with UNODC to find out the actual extent of human trafficking. This sort of initiative is highly encouraged and welcomed by the UNODC as part of its assistance to Member States.
The UNODC assists Countries with research as a part of its assistance in helping countries monitor sustainable development goals indicator. Knowing the number of number of victims trafficked a year will help the Netherlands tackle human trafficking more effectively, while the methodologies derived from this research can serve as a useful tool for other UN Member States (UNODC; National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, 2017).
Desk Research – Results (Goal definition)
Based on the previous researches conducted on the policy response to human trafficking, there is a level of consensus among scholars that the goals and priorities are sketchy at best. This conclusion was derived from the inconsistent definition and framing of human
trafficking. The United Nation frames the issue one way and individual State Parties frame it another way. The legal recognition of human trafficking globally has shaped the policy goals. Reviewing the UN’s response to the issue of trafficking in 1949, the Convention on the Suppression of Trafficking in Women and Exploitation of Prostitution of Others to the
renewed international interest in human trafficking which came on the international agenda in 1980s and 1990s, it showed that the priority was not the ‘Victims’ but the ‘State’. (Goodey, 2008, p. 422).
Subsequently the goals began to change in the wake of increased population movements due to civil conflicts and wars in Europe and other parts of the globe. In Europe, the European Parliament adopted its first resolution on the exploitation of prostitution and trafficking in human beings in 1989. It went further to call for international cooperation in 1993 and currently the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children provide the legal reference point for an international definition of Human Trafficking (Goodey, 2008, p. 422).
30
However, Legal distinctions between trafficking and other organized crime such as smuggling are not so easy to apply in reality. This is due to the fact that, smugglers also exploit those who want to migrate from one country to another. This lack of clear distinction is reflected in many policy responses that place human trafficking, illegal immigration and human smuggling together. The UN Protocol on human trafficking can be critiqued as an adjunct to a convention that seeks primarily to combat organized crime (Goodey, 2008, p. 423).
A critical review of the UN protocol, shows that there compromises that are common to many legislations that deal with both conventional and organized crime. An example of such
construct in the protocol is where the Protocol provides for assistance and protection to victims; it is constructed in a language that can be referred to as ‘soft law’. To further illustrate this are phrases such as “in appropriate cases and to the extent possible under its domestic Law, each State Party shall …’, and ‘each State Party shall consider…” (Goodey, 2008, p. 423). Such compromises also reflect the fact that the policy is constructed with a definition and intent to respond to crime as (i) against the state and (ii) against the individual in the second instance (Goodey, 2008).
In 2002, the Council of European Union made its own decision and adopted a framework on combatting human trafficking. More positively, “as a victim-centred legislation, the Charter of Fundamental Rights of the European Union specifically prohibits trafficking in human beings under one article, and, in so doing, serves to emphasize trafficking as a human rights violation”. (Goodey, 2008, p. 424). The Netherland, as an EU Member State coming under definite European legislative obligations and as a signatory to the UN Convention and its trafficking protocol, has, since been actively integrating anti-trafficking actions into domestic law (Goodey, 2008, p. 424).
Conclusion on goal definition
Though State Parties are at liberty to broaden the scope of their policies outside the
boundaries of the UN Protocol, the goals and aims of the Netherlands Policy seem to align with that of the UNODC. It seen that the Netherlands is actually trying to implement the UN Protocol, following the mandate as set out in the protocol. The strategies may however differ and the approach may slightly differ as well, even the wording on the goals may differ, but ultimately the goals and the vision are similar.
31
Roles, responsibilities and attribution
Document Review – Results (UNODC vs Netherlands government) - Attribution
Document Review – Results (UNODC)
The UN Protocol to combat human trafficking attributes the responsibility of combatting this heinous crime to all countries on the globe since it is a global crisis. However, State Parties are given the choice of ratifying the convention thereby taking up the responsibility that has been attributed to them. The UNODC have laid out guidelines for ratification in their ‘toolkit’. The civil society has also been attributed the responsibility of fighting this crime.
What can governments do? – Pre-ratification
Governments can:
i. Support consultations with civil society on the policy and programmatic implications of ratifying the Protocol
ii. Consult other Governments concerning the ratification process iii. Initiate the ratification process
iv. Follow existing domestic laws and regulations to carry out the ratification process
What governments can do after ratification:
i. “Translate the Protocol into national languages
ii. Disseminate the Protocol widely to all Government agencies concerned
iii. Amend inconsistent domestic anti-trafficking laws to conform with the Protocol iv. Enact new laws to complement the Protocol
v. Develop a national plan of action against trafficking consistent with the Protocol vi. Develop the necessary programmes to implement the Protocol and the national plan of
action
vii. Establish agreements between Governments to prevent cross-border trafficking Implement a monitoring system
viii. Implement prevention programmes among potential risk groups ix. Develop guidelines for effective reintegration programmes
x. Create infrastructure and strengthen institutional mechanisms for the implementation of the Protocol
xi. Promote cooperation among Governments to initiate bilateral or multilateral agreements that facilitate the implementation of the Protocol
32
xii. Develop partnerships for the effective implementation of the Protocol with national and international non-governmental organizations working against trafficking xiii. Monitor the implementation of the Protocol” (UNODC, 2008, p. 15)
Attribution to the Civil Society
The civil society should:
i. “Create grassroots and national-level awareness of trafficking, its causes and consequences and the utility of the Protocol as a tool to address the issue
ii. Cooperate with Governments to rehabilitate and reintegrate victims of trafficking Collect data and conduct research to inform policies and programmes” (UNODC, 2008, p. 15)
iii. “Conduct intensive awareness-raising campaigns against trafficking at the local and national levels to mobilize diverse groups
iv. Launch income-generating programmes in trafficking-prone areas
v. Link the Protocol with other human rights instruments in combating trafficking vi. Inform the public of the rights created by the Protocol
vii. Make proposals for amendments to address gaps in the Protocol
viii. Raise the violation of rights under the Protocol during reporting to relevant international bodies” (UNODC, 2008, p. 16)
Problem assessment and Strategy Development
An effective response to a crisis such as trafficking of persons, require not just collaborative efforts, but also proper assessment of the problem situation. Creating strategies involves a critically planned action. Development of interventions based on proper assessment of the situation is an assurance of positive responses. Planning for action must be based on a sound assessment of both the problem and obtainable capacities to respond to it, and must be supported by willingness on part of the various actors and agencies involved to cooperate with one another at the local level and with others at the regional and international levels (UNODC, 2008, p. 29)
Legislation, as well as legal procedures and practices, differs widely among States. In some States, existing laws on organized crime may not have been harmonized with more recent
33
laws or treaty obligations to fight human trafficking. Furthermore, legislation may be required to increase victim protection measures or to prevent trafficking. A broad and
comprehensive assessment of the national legal framework is usually required with regard to human trafficking, including criminal law, labour law, social service and employment laws, immigration and asylum laws, as well as investigative, criminal and judicial procedures (UNODC, 2008, p. 42).
Report Review – results (Netherlands Government) - Attribution
The Role of the National Government
“Comprehensive national anti-trafficking responses should cover two levels, both of which should reflect guiding principles: Strategic level (Strategy) Refers to “what” should be achieved … and Operational level (National action plan) Refers to “how” the strategic goals can be achieved…” (UNODC, 2008, p. 53)
The roles and responsibilities are attributed to various arms of the government as well as other actors by the national government. To effectively combat human trafficking, there has to be a network of actors cooperating with one another to meet the goals that has been set in the fight against human trafficking. Effectively, the role of the national government is to oversee and monitor its agents that have been given the task of implementing the policy. Another role of the national government is to provide financial resources to the different government agents.
The Role of Municipalities
The local government authorities are responsible for providing shelter and care for victims of human trafficking within their municipality. These arrangements are governed by the Social Support Act and the Youth Act. It is up to municipalities to use this approach to tackle human trafficking. They can enforce the approach by making active efforts to identify cases of human trafficking and developing policies and regulations that support the approach. A set of basic requirements for the administrative approach to human trafficking has been drawn up by the national government to support municipalities. These tools have been shaped and influence by various organisations affiliated with the Task Force (Rijksoverheid, 2018).
34 The role of the Taskforce
The Task Force on Human Trafficking is set up to carry out the government’s comprehensive approach to the problem. It is the duty of the Task Force to implement measures to prevent human trafficking and actively lookout out for signs of possible trafficking activities that is going on at any given time. The Task Force is also encumbered with the task of preventing trafficking activities by creating measures that effectively makes it difficult for traffickers to operate; an example of such measure is imposing high criminal penalties on perpetrators to discourage other from taking the risk (Rijksoverheid, 2018).
Cooperation with non-governmental actor(s)
In the Netherlands, CoMensha has been appointed as the official registration organization of all identified possible victims of human trafficking on behalf of the Dutch National
Rapporteur. In an ideal world, all possible victims identified by any organization or individual in the Netherlands should be reported to CoMensha (UNODC; National
Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, 2017).
CoMensha is a small organization in the Netherlands that is dedicated to eradicating human rights violations. They are the national independent experts and coordination centre; they are committed to the interests and rights of victims of human trafficking in the Netherlands. CoMensha works in partnership with the National Rapporteur, the national police, the Royal army police, and the ministry of labour, the municipalities and NGOs. CoMensha works from the victim’s perspective and not from the policy makers (principal’s) perspective (CoMensha, 2018).
The Institutions that have been authorized by the Netherlands government to carry out criminal investigations into human trafficking are: the National Police (comprising of ten regional police districts and one central police unit) who come across trafficking in various form on a daily basis as they discharge their duties, the Border Police who encounter cross-border (sex) trafficking, and the Inspectorate Social Affairs and Employment (SZW) which typically come across cases of labour exploitation. Unfortunately, these institutions are not legally obliged to report identified victims to CoMensha, but they strongly advised and encouraged to do so (UNODC; National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, 2017).
35
Furthermore, designated regional coordinators and other governmental as well as non-governmental institutions – such as the organizations who provide services to
victims/migrants/prostitutes, organizations that provide social or legal services; and youth welfare agencies – are asked to report on all cases of presumed victimization. Finally,
concerned citizens (or even victims themselves) can identify possible victims and report them to CoMensha directly. Although this system has been active for several years and reporting and registration has steadily improved, it will be wrong to assume that every identified possible victim in the Netherlands is duly reported (UNODC; National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, 2017).
To present or report a case to CoMensha, the organizations or persons that come across likely victims should (i) be capable of identifying possible victimization clearly and substantially (be able to recognize and interpret signals); (ii) be aware of CoMensha as the national registration organization; (iii) be willing to report to CoMensha or acknowledge the
importance of reporting (it has been discovered that youth welfare agencies are much more reluctant to report to CoMensha than other entities such as service providing organizations specialized in human trafficking victims) and; (iv) be able to report to CoMensha keeping in mind and respecting the consent of the presumed victim. This awareness and regard for consent is currently required for privacy reasons, especially when it concerns minors
(UNODC; National Rapporteur on Trafficking in Human Beings and Sexual Violence against Children, 2017).
The result presented above directly affects the data that is known and collected. Therefore, a research method known as MSE has to be used in determining the actual or most accurate number of victims in the Netherlands.
