Handbook - TRACE-ing human trafficking: Handbook for policy makers, law enforcement agencies and civil society organisations

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Tilburg University

Handbook - TRACE-ing human trafficking

TRACE-partners; Pijnenburg, Annick

Publication date:

2016

Document Version

Publisher's PDF, also known as Version of record

Link to publication in Tilburg University Research Portal

Citation for published version (APA):

TRACE-partners, & Pijnenburg, A. (2016). Handbook - TRACE-ing human trafficking: Handbook for policy makers, law enforcement agencies and civil society organisations. TRACE.

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This pr oje ct has re ce iv ed funding fr om the Eur ope an Union ’s Se ve nth Frame work Pr ogr amme for re se ar ch, te chnological de ve lopme nt and demonstr ation unde r gr ant agr ee me nt no 607669.

This publication is lice

nse d unde r a Cr eativ e Commons A ttribution 4.0 lice nse . T o vie w this lice nse d ee d, visit: http:/ /cr eativ ecommons.or g/lice nse s/b y/4.0 This publication is a vailable online at the pr oje ct website : www .tr ace -pr oje ct.e u Design: goahead.lv ©2016 TRA CE pr oject consor tium

The handbook has been de

veloped b

y the

TRA

CE consor

tium: Anna Dono

van, Ha yle y W atson, Kush W adhwa (T rilater al Resear ch Ltd.), Amy W

eatherburn, Julia Mur

aszkiewicz, P

aul de

Her

t (

Vrije Univ

ersiteit Brussel), Conny Rijk

en, Annick Pijnenbur

g (Tilbur

g Univ

ersity), Anniina

Jokinen,Vineta P

olatside, Anthony Ja

y (Council of the Baltic Sea States

Task F

or

ce against

Trafficking in Human Beings), Adelina

Tamas (National Agency against

Trafficking in

Persons, Romanian Ministr

y of Internal Affairs), Suzanne Hoff (La Str

ada International),

Angelos Constantinou, Maria Geor

giou, Rita Theodor ou Superman (Cyprus P olice ), Radostina Pa vlo

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TRA CE-PROJECT.EU TRA CE-PROJECT.EU

TRAFFI

CKI

NG A

S A CRIMINAL ENTERPRI

SE

TRA

CE HANDBOOK

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_CK

GROUND

Human tr

afficking is one of the lar

gest criminal enterprises in the world. It is a

multi-billion-dollar crime of global scale.

This is because human tr

afficking as a criminal enterprise

continues t

o e

volv

e as a high pr

ofit-low risk business for perpetr

at

ors and challenges policy

mak

ers, law enfor

cement agencies and civil society or

ganisations working t

o pr

ev

ent and

combat human tr

afficking and assist tr

affick

ed persons.

This handbook aims t

o suppor t these thr ee tar get gr oups b

y assessing and consolidating information about tr

affick

ers and

traffick

ed persons, the wider criminal enterprise and its modus oper

andi, and the r

ole of

technology

, as well as curr

ent and futur

e tr

ends. Understanding the crime within the br

oader

context of the human tr

afficking enterprise can assist these thr

ee tar get gr oups in their effor ts t o eff ectiv

ely disrupt the human tr

afficking activities now and in the futur

e.

TARGET A

UDIENCE

This handbook tar

gets thr

ee k

ey stak

eholders: policy mak

ers, law enfor

cement agencies,

and civil society or

ganisations who work t

o disrupt, combat and pr

ev

ent human tr

afficking. It

examines v

arious aspects of the criminal enterprise in or

der t

o pr

ovide the stak

eholders with

up t

o date information, on what and how social, political and economic fact

ors facilitate the

human tr

afficking enterprise; how t

o identify and assist tr

affick ed persons and pr ev ent other persons fr om being tr affick

ed; and ultimately pr

ovide r

ecommendations for wa

ys in which

diff

er

ent aspects of the criminal enterprise can be addr

essed t

o eff

ectiv

ely combat and

pr

ev

ent incidents of human tr

afficking.

METHODOL

OG

Y

The information, findings and k

ey r

ecommendations pr

esented in this handbook ar

e based on

solid r

esear

ch in the ar

eas outlined abo

ve, as well as empirical e

vidence gather ed thr oughout the dur ation of the TRA CE pr

oject that examined human tr

afficking as a criminal enterprise.

Case study countries wer

e used accor ding t o par tner exper tise. The findings fr om this resear ch pr ovide some pr

actical insights int

o whether a number of societal issues ha

ve an

impact on rising r

ates of human tr

afficking, not only for the purpose of sexual exploitation, but

also as other forms of human tr

afficking become incr

easingly acknowledged.

The depth of

knowledge and e

vidence analysed ser

ve t

o inform policy r

ecommendations and conclusions

as t

o curr

ent, emer

ging and futur

e tr

ends in the human tr

afficking industr

y in E

ur

ope. All the

repor

ts ar

e a

vailable in full on the

TRA CE website: http:/ /tr ace-pr oject.eu/.

During the course of the pr

oject six exper

t workshops wer

e conv

ened, which wer

e attended

by policy mak

ers, civil society r

epr

esentativ

es, legal exper

ts, non-go

vernmental or

ganisations

(NGOS), academics, law enfor

cement agencies, and others who assist tr

affick

ed persons or

work t

ogether with known or convicted tr

affick

ers as well as exper

ts fr

om international

or

ganisations. Exper

ts commented on the findings and r

ecommendations fr

om the r

esear

ch,

as well as, for

ecasts about futur

e tr

ends and pr

ovided additional pr

actical insight wher

e

resear

ch contr

adicted or suppor

ted the actual pr

actices within human tr

afficking as a criminal

enterprise.

SCOPE

Whilst human tr

afficking for the purpose of sexual exploitation continues t

o garner much

attention in the anti-tr

afficking community

, awar

eness of human tr

afficking for other forms of

exploitation, such as labour exploitation, begging and for

ced criminal activity

, is incr

easing.

Mor

eo

ver

, the need for a mor

e harmonised national, local and international anti-tr

afficking

appr

oach has gained momentum.

Human tr

afficking as a criminal enterprise comprises a number of distinct, y

et o

verlapping

aspects, many of which need t

o be better underst ood in or der t o administer appr opriate responses t

o disrupt the enterprise at v

arious points thr

oughout the tr

afficking and exploitation

pr

ocesses.

The handbook pr

ovides findings and r

ecommendations based on the EU funded

TRA

CE-pr

oject that co

ver

ed the following aspects:

• Understanding human tr

afficking as a criminal enterprise in terms of:

• the implementation of the EU Str

ategy t owar ds the Er adication of Trafficking in • Human Beings b

y EU Member States and Dir

ectiv e 2011/36/EU on pr ev enting and • combating tr

afficking in human beings and pr

otecting its victims;

• the wa

y in which popular media fr

ame human tr

afficking;

• the outcome of a macr

o analysis situating human tr

afficking in the wider criminal

•

industr

y;

• the outcome of a micr

o analysis of the perpetr

at ors’ tr eatment of tr affick ed persons. • The curr

ent and futur

e tr

ends in modus oper

andi of tr affick ers, including tr av el r outes t o and within E ur ope; • The pr ofiles of tr affick ers; • Use of technology r elated t o human tr

afficking as a criminal enterprise, including:

• technologies that ar e used b y tr affick ers t o facilitate human tr afficking; • technologies that ar e or can be used t o pr ev

ent and combat human tr

afficking.

• The social, political and economic envir

onment in which the business of human tr

afficking

thriv

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CHAPTER 1:

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11 -THE DRI

VI

NG FORCES OF HUMA

N TRAFFI

CKI

NG

CHAPTER 1 -

10 -TRA

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READING GUIDE

This handbook is the culmination of r

esear

ch, fieldwork and other collabor

ativ

e activities

focused on the aspects of human tr

afficking as a criminal enterprise identified abo

ve. Each

chapter includes a number of r

ele vant findings in r elation t o the curr ent tr ends as documented and obser

ved, as well as for

ecasted tr ends in r elation t o human tr afficking as a criminal enterprise. A number of r

ecommendations for policy mak

ers, law enfor

cement agencies and

civil society or

ganisations ha

ve been de

veloped as a r

esult of this work and ar

e pr

esented

at the end of each chapter and the k

ey r ecommendations ar e pr esented in Chapter 8. Back gr

ound information on each chapter can be found in the final r

epor

t of the

TRA

CE pr

oject,

which has the same structur

e as this handbook and can be consider

ed as its tandem

publication.

CHAPTERS 1 TO 4

define the par

ameters of the business of human tr

afficking and the

envir

onment in which the human tr

afficking enterprise thriv

es.

This includes the driving for

ces

behind human tr

afficking as a criminal enterprise (Chapter 1), legal issues that ha

ve t

o be

addr

essed t

o disrupt the human tr

afficking enterprise (Chapter 2), the tr

affick

ed persons

(Chapter 3), and the modus oper

andi of human tr

afficking (Chapter 4). In this handbook

“tr affick ed persons” r ef ers t o victims or sur viv ors of human tr afficking. CHAPTER 5 delv es int o the pr ofiles of tr affick ers. It addr esses demogr aphics, types of traffick

ers, their motiv

es and incentiv

es, their char

acteristics and personality

, as well as the

impor

tance of childhood, family and the envir

onment.

CHAPTER 6

deals with the r

ole of technology in human tr

afficking. It identifies technologies,

including the internet, applications and softwar

e, which ar

e used b

y tr

affick

ers and will

continue t

o be used in the futur

e t o suppor t their human tr afficking businesses. CHAPTER 7 for ecasts futur e tr ends in human tr

afficking. It looks in par

ticular at the r

ecent

incr

ease in the number of migr

ants and asylum seek

ers attempting t

o enter E

ur

ope and the

role of the media.

Finally , CHAPTER 8 pr ovides a list of ke y recommendations for disrupting human trafficking as a criminal enterprise. Tar geted r ecommendations ar

e also included at the end of each chapter

.

The

y can inform curr

ent and futur

e str

ategies in the ar

ea as the

y tak

e int

o account the many

elements that enable and suppor

t the business of human tr

afficking in contempor ar y society . For a full o ver view of all r ecommendations the r

eader should consult the r

ecommendations at

the end of each chapter in conjunction with Chapter 8.

HUMAN TRAFFICKING AS A BUSINESS MODEL

The basis of the human tr

afficking business is the mo

vement of people supplying the demand

for cheap labour or ser

vices.

Traffick

ers determine the cost-benefit of engaging in the human

trafficking business: the high pr

ofits of running an illegal human tr

afficking enterprise ar

e

weighed against the low risk of pr

osecution. A number of elements suppor

t the high pr

ofit-low

risk human tr

afficking business model:

• A global business mark

et driv

en b

y supply and demand, aimed at maximising

•

pr

ofits:

the need for cheap labour is the principal demand sour

ced b

y the supply of

•

people with a desir

e for a better lif

e, or t o suppor t their family ’s income. • Labour mark et liber alisation: the r

estructuring of goods and work

ers coupled with

•

the der

egulation of labour mark

et conditions has led t

o the flexibilisation of labour

•

and a lack of o

versight and scrutiny of r

ecruitment methods.

• T

raffick

ers:

respond t

o gaps in the global labour mark

et and facilitate emplo

yment

•

oppor

tunities, among others for migr

ant work

ers who face r

estrictiv e migr ation • policie s, b y-passing le gislativ e and r egulat or y initiativ es de signe d t o pr ote ct work ers. • T raffick ed persons: respond t

o the demand in the formal and informal labour

•

mark

et for cheap labour

, filling v

acancies in de

valorised positions often leading t

o

•

pr

ecarious, seasonal labour

, but ar

e unawar

e of or willing t

o accept the risks of

•

exploitation.

In Romania, the labour-r

elated migr

ation of Romanians sear

ching for jobs in the black

labour mark

et is a permanent risk fact

or for human tr

afficking. 78% of adult tr

affick

ed

persons ar

e mainly being exploited in construction, agricultur

e or in other economic

sect

ors known for black work or gr

ey labour mark

ets.

(8)

CHAPTER 1:

-

13 -THE DRI

VI

NG FORCES OF HUMA

N TRAFFI

CKI

NG

THE DRI

VI

NG FORCES OF HUMA

N TRAFFI

CKI

NG

CHAPTER 1

CHAPTER 1 -

12 -

THE DRIVING FORCES OF HUMAN TRAFFICKING

OVERLAP BETWEEN TRAFFICKERS AND TRAFFICKED PERSONS

The driving for

ces of the human tr

afficking business ar

e inter

connected and do not work in

isolation. Mor

eo

ver

, the driving for

ces ar e applicable t o both tr affick ed persons and tr affick ers: • both gr oups ar e exposed t o similar r oot causes; • both gr oups desir e a “better ” lif e, underlined b y an economic imper ativ e; • both gr oups demonstr

ate risk-seeking beha

viour;

• both gr

oups often associate in the same social envir

onment and ar

e socially

•

connected thr

ough tr

aditional social networks or forms of connectivity mor

e driv

en

•

b

y modern technology

, such as social networking.

Howe ver , susceptibility t o becoming inv olv ed in the human tr

afficking business, in addition t

o

the abo

ve external driving for

ces, is also due t

o a number of internal (psy

chological) fact ors. An individual’ s pr opensity t owar ds becoming a tr affick er or a tr affick ed person ma y well be

based upon: i) their personality (risk-seeking, adv

entur

ous), state of mind and beha

viour; and

ii) a psy

chological r

esponse t

o a trigger e

vent (death of the main br

eadwinner or illness of a

family member cr

eating an acute need for mone

y).

KEY FINDINGS

• Internal (psy chological) fact ors wer e identified in TRA CE inter views: 178 out of 334 convicted tr affick ers ha ve liv ed thr ough tr auma (r elated t

o domestic violence, sexual

violence or loss and depriv

ation).

• A combination of external (social, economic and political r

oot causes) and internal

(psy

chological) fact

ors forms the basis of the crime of human tr

afficking; single

fact

ors in isolation do not necessarily incr

ease risk.

• Human tr

afficking is often trigger

ed b

y an e

vent cr

eating an economic imper

ativ

e or

by a tr

(9)

CHAPTER 2: LEGAL CHALLENGES

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15 LEGA

L CHALLENGES

CHAPTER 2

CHAPTER 1:

THE DRI

VI

NG FORCES OF HUMA

N TRAFFI

CKI

NG

CHAPTER 1 -

14 -

• The k

ey priority in the fight against human tr

afficking is a r

eduction of demand for cheap

and exploitativ

e labour at the E

ur

opean le

vel.

• States should tak

e appr

opriate measur

es t

o discour

age and r

educe demand that fosters

all forms of exploitation and e

valuate the impact of measur

es tak

en, t

o determine the extent

to which such an appr

oach has had a positiv

e impact, and t

o see if it can be applied for all

sect ors wher e exploitation occurs. • In or der t o eff ectiv

ely tackle the human tr

afficking business, a continued effor

t needs t

o be

made t

o addr

ess the under-r

epr

esentation of measur

es on the pr

ev

ention of human

trafficking, including addr

essing its r oot causes. • F ur ther r esear ch t o explor e the o verlap between tr affick ers and tr affick ed persons is needed.

AW

ARENESS-RAISING

• A war eness r

aising campaigns and other activities t

o pr ev ent human tr afficking should tar get childr

en and especially those at risk of being tr

affick ed such as childr en fr om br ok en

families, unaccompanied migr

ant minors and childr

en with weak mental capacities.

• Many awar eness r aising initiativ es and activities ar e under tak

en at both the national and

EU le

vel, and in some countries ther

e is an o ver-r eliance on self-r egulat or y activities and initiativ es fr om the priv ate sect or (e.g. r elated t

o labels and cer

tificates).

This leads t

o an

incr

eased diffusion of the activities and lack of coher

ence. Accor dingly , collabor ation and coor dination at national, r

egional and international le

vels is r equir ed t o a void o verlap and

competition between diff

er

ent initiativ

es.

• The public is the e

yes and ears of the community

. Ther e is an incr easing need t o inv olv e the gener

al public in the fight against human tr

afficking, for instance b

y setting up public

hotlines or r

epor

ting systems for the public, and r

emaining socially awar

e of activities taking place ar ound them. Mor e than 15 y ears ha

ve passed since the adoption of the P

alermo Pr

ot

ocol defining human

trafficking, y

et the definition is still surr

ounded b y terminological ambiguity . Mor eo ver , some EU Member States ha ve separ

ately criminalised sla

ver

y, for

ced labour and/or similar

pr

actices, while others ha

ve criminalised human tr

afficking as defined in the P

alermo Pr ot ocol and EU Dir ectiv e. This leads t

o the following difficulties: 1) the measur

es t

o enhance the fight

against human tr

afficking ar

e not

per se

applicable in the context of the stand-alone crimes

of sla

ver

y or for

ced labour if these ar

e criminalised separ

ately; and 2) persons subjected t

o

for

ced labour or other forms of exploitation ar

e not necessarily victims of human tr

afficking

and can thus be ex

cluded fr

om victim pr

otection and assistance specifically set up for

traffick

ed persons such as adopted in the EU tr

afficking dir ectiv e. The “ exploitation ” element of human tr afficking is interpr eted br oadly

. EU law does not define

exploitation as such, although it pr

ovides descriptions of what pr

actices (at a minimum) ar

e

consider

ed as exploitation (sexual exploitation, for

ced labour and r

emo

val of or

gans, for

ced

begging and for

ced criminality).

This appr

oach hampers the pr

osecution pr

ocess since it is

not alwa

ys clear which pr

actices can be labelled and thus pr

osecuted as exploitation.

In r

ecent y

ears the E

ur

opean Commission has adv

anced its effor

ts t o combat human trafficking. Howe ver , ther e continu e to be gaps in the legislation and its implementation, which facilitate tr affick ers’ activities.

This allows human tr

afficking t o continue as a high-pr ofit and low-risk v entur e for tr affick ers.

The following issues must be addr

essed in or

der t

o better

disrupt the human tr

afficking enterprise. • Dir ectiv e 2011/36/EU of the E ur opean P

arliament and of the Council of 5 April 2011

on pr

ev

enting and combating tr

afficking in human beings and pr

otecting its victims

• Dir

ectiv

e 2004/81/EC on the r

esidence permit issued t

o thir

d-countr

y nationals who

ar

e victims of tr

afficking in human beings or who ha

ve been the subject of an action t

o

facilitate illegal immigr

ation, who cooper

ate with the competent authorities

• EU str

ategy t

owar

ds the Er

adication of

Trafficking in Human Beings 2012-2016

(10)

CHAPTER 2: LEGAL CHALLENGES CHAPTER 2: LEGAL CHALLENGES

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17 LEGA

L CHALLENGES

LEGA

L CHA

LLENGES

CHAPTER 2

CHAPTER 2 -

16

-The timely and pr

oper identification of tr

affick

ed persons r

emains one of the cor

e challenges.

Identification is the k

ey in pr

otecting tr

affick

ed persons and ensuring that the

y r

eceiv

e

adequate assistance, as well as being a pr

econdition for holding perpetr

at

ors accountable for

exploitation.

Ther

e is a continuing need for institutions which (might) come in contact with

traffick

ed persons t

o be tr

ained on human tr

afficking. If pr

ovided with knowledge and the right

tools a wide v

ariety of act

ors and stak

eholders can be instrumental in impr

oving the identification of tr affick ed persons and pr ev enting human tr afficking. Many diff er ent act

ors can come acr

oss indicat ors of human tr afficking. It is impor tant that information fr om those act ors is ex

changed for eff

ectiv

e identification and pr

osecution. Law

enfor

cement cooper

ation within a countr

y and between countries (e.g. thr

ough E

ur

opol and

Eur

ojust) is crucial for eff

ectiv

e pr

osecution but oppor

tunities ar

e not emplo

yed t

o their full

potential.

Legislation and policies do not y

et sufficiently addr

ess human tr

afficking in the corpor

ate

world and legal economy

. So far

, ther

e is no binding E

ur

opean pr

ovision that for

ces the priv

ate sect or t o tak e r esponsibility . Ther e ar e only f

ew cases of national policy/legislation r

egar ding corpor ate r esponsibility t o pr ev ent human tr afficking. Pr osecutions of corpor ations ar e r ar e.

IDENTIFICA

TION

PROSECUTION

CORPORA

TE LIABILITY

• Identifying, pr

otecting and assisting victims of tr

afficking

• Pr

ev

ention of tr

afficking in human beings

• Incr eased pr osecution of tr affick ers • Enhanced coor

dination and cooper

ation among k

ey act

ors and policy coher

ence

• Incr

eased knowledge of and eff

ectiv e r esponse t o emer ging concerns r elated t o all forms of tr

afficking in human beings

PRIORITIES FROM THE EU STRA

TEG

Y

It is difficult for tr

affick

ed persons t

o access compensation. In gener

al, possibilities for

traffick ed persons t o r eceiv e compensation ar e limited, while pr ocedur al obstacles ar e manifold. Recognising tr affick

ed persons’ rights and pr

omoting r est or ativ e justice pr ovides an envir onment in which a tr affick ed person ma y be mor e willing t

o help authorities in disrupting

the crime.

Despite Ar

ticle 8 of Dir

ectiv

e 2011/36/EU which pr

escribes the non-pr

osecution or non-application of penalties t o the victim, tr affick ed persons continue t o be pr osecuted for crimes committed as a r esult of ha ving been tr affick ed. Pr oblematically

, the scope of this

pr

ovision is unclear and its implementation is left t

o a gr

eat extent t

o the discr

etion of EU

Member States. Early identification of tr

affick

ed persons is crucial for the corr

ect application

of the non-punishment principle, as this will pr

otect them fr

om pr

osecution or punishment.

The application of Ar

ticle 8 will continue t

o be difficult, par

ticularly in light of an incr

easing

number of new forms of abuse, coupled with a lack of clarity as t

o whether or not the

y qualify

as forms of exploitation that amount t

o human tr

afficking.

This is especially the case with

incidents of tr

afficking for for

ced criminality . Mor eo ver , in cases wher e exploitativ e pr actices ar e criminalised separ ately , questions ma y arise r egar

ding the extent t

o which victims of these pr actices ar e entitled t o pr otection fr om pr

osecution and penalisation.

COMPENSA

TION

(11)

CHAPTER 2: LEGAL CHALLENGES CHAPTER 2: LEGAL CHALLENGES

-

19 LEGA

L CHALLENGES

LEGA

L CHA

LLENGES

CHAPTER 2

CHAPTER 2 -

18

-• States should establish clear

, tr anspar ent and pr opor tional r egulation of labour pr oviders;

scale up inspections of working conditions, especially in sect

ors pr

one t

o exploitation; and

pr

omote decent working conditions.

• States should establish ethical public pr

ocur

ement and other appr

opriate due diligence

measur

es t

o pr

ev

ent risks of labour exploitation b

y their contr

act

ors and subcontr

act

ors.

• Businesses should establish pr

oper due diligence pr

ocesses, including systems for

monit

oring, for self-r

epor

ting and for financial r

epor

ting, t

o manage, addr

ess and account

for risks of human tr

afficking in their oper

ations, which ma y lead t o criminal pr osecution, serious damage t o their business r

eputation and loss of earnings.

• Whilst acknowledging that all traffick ed persons should receiv e pr otection, one should also

recognise the need for a criminal pr

ovision t

o be minimalistic and clear

, in or der t o harmonise which pr actices amount t o human tr afficking. • It is necessar y t

o expand the tar

get gr

oups for awar

eness r

aising and tr

aining so as t

o

include health work

ers, landlor

ds, unemplo

yment ser

vices, and social work

ers for example,

and t o cust omise the tr aining in or der t o r

each the specifically tar

geted audience.

• Criminal inv

estigations against corpor

ations t

ogether with the incr

ease of supply chain

transpar

ency should become a k

ey priority

. This should not pr

ev

ent individual perpetr

at ors fr om being pr osecuted. • A war eness should be r

aised about ethical consumerism and understanding the supply

chain, so as t

o empower consumers in disrupting human tr

afficking. • States need t o ensur e that tr affick ed persons ar

e not only entitled t

o r

eceiv

e

compensation but also that the system t

o obtain it is accessible t

o them.

• Specific legis

lation and policy

is r equir ed t o ensur e that tr affick ed persons ar e not detained, pr osecuted or punis

hed for their inv

olv

ement in unlawful activities

the y ha ve been compelled to co m m it a s a co ns eq ue nc e o f th eir sit ua tio n a s t ra ffi ck ed p ers on s. F urt he rm ore , p ub lic o ffi -cials who ar e lik ely to come int o contact with tr affick ed pers ons should be tr ained t o identify traffick ed pers ons and r eceiv

e guidance on the application of the non-punis

hment pr

ovis

ion.

• The application of the legal fr

amework needs impr

ov ement in r elation t o human trafficking. E ff ectiv

eness of the criminal system ma

y be assur ed thr ough: • better use of E ur opol, E ur

ojust and Joint Inv

estigation

Teams; and

• incr

eased specialisation of law enfor

cement pr

of

essionals.

• Structur

al change can be br

ought about within the criminal justice system thr

ough

sustainable and cust

omised human tr

afficking tr

aining pr

ogr

ammes aimed at law

enfor

cement officers, legal pr

of

essionals, and most notably the judiciar

y. Such tr ainings should addr ess specific t opics or be tailor ed t o specific gr

oups and based on the le

vel of

awar

eness and exper

tise of the tar

(12)

CHAPTER 3:

-

21 -THE TRAFFI

CKED PERSONS

THE TRAFFI

CKED PERSONS

CHAPTER

3 CHAPTER

3 -

20

-Although it is difficult t o accur

ately determine the scale of the issue, it is e

vident that thousands of people ar e being tr affick ed within, t o and fr om E ur ope e ver y y ear . T raffick ed persons ar e not a homogenous gr oup. W

omen and men, girls and bo

ys of diff

er

ent ages and

nationalities ar

e tr

affick

ed for diff

er

ent forms of exploitation in diff

er

ent countries of

destination, as well as in countries of origin.

Accor ding to the 2014 Eur ostat Repor t T rafficking in Human Beings , EU Member States re po rte d 30,146 r egister ed (pr esumed) tr affick

ed persons between 2010 and 2012.

FACTS AND FIGURES

TYPE OF EXPL

OITA

TION

GENDER OF TRAFFICKED PERSONS

f emale male sexual exploitation for ced labour other forms of exploitation

AGE OF TRAFFICKED PERSONS

0 -11 18 - 24 12 - 17 25 or older Top fiv e countries of citiz enship of identified tr affick ed persons fr om EU member states Top fiv e countries of citiz enship of identified tr affick ed persons fr om non-EU countries Romania Bulgaria the Netherlands Hungar y Poland Nigeria Br azil China Vietnam Russia

THE ROLE OF COMMUNITIES OF CO-ETHNICS

TRA

CE findings suggest that the pr

esence of communities of co-ethnics established in the

countr

y of destination means that contr

ol can be ex

er

ted o

ver new members of this

community who end up being exploited in sla

ve labour or petty crime. Howe

ver

, these findings

do not deny the possibility that the pr

esence of an established ethnic community in the

countr

y of destination ma

y also r

educe the risk of human tr

afficking, as the community will be

able t

o assist and facilitate the arriv

al of individuals in the countr

y of destination and in their

sear ch for emplo yment.

KEY FINDING

Ther e is a r

elationship between the pr

esence of communities of co-ethnics in the

countries of destination and the occurr

ence of human tr

afficking fr

om the home

countr

(13)

CHAPTER 3:

-

23 -THE TRAFFI

CKED PERSONS

THE TRAFFI

CKED PERSONS

CHAPTER

3 CHAPTER

3 -

22 -VULNERABILITY

Persons living under pr

ecarious socio-economic, physical and psy

chological conditions ar e vulner able and at risk of being traffick ed. Yet the specific cir cumstances of each person define that person ’s le vel of vulner ability . Lik ewise, cer tain gr oups ar e mor e vulner

able than others.

It is often a combination of specific fact

ors such as lack of or low education le

vels, family

back

gr

ound and age that fur

ther incr ease a person ’s vulner ability t o human tr afficking. Gender inequality in par ticular incr eases women ’s vulner ability t o human tr

afficking (see Chapter 1).

This includes violence against women, the f

eminisation of po ver ty , r einfor ced patriar chal

relationships, gender ster

eotyping and discrimination on the labour mark

et, and the degr

ee of

women

’s emancipation.

In the case of Romanians, a dir

ect r

elation is noted between the main destination

countries and the pr

esence of lar

ge Romanian communities. Human tr

afficking flows

wer

e detected t

o countries hosting lar

ge Romanian communities.

EXAMPLE

The following gr oups ar e par ticularly vulner able t o human tr afficking: • P eople living in ar

eas with a poor economic situation, especially

•

unemplo

yed persons and persons with loans and cr

edit pr

oblems;

• Y

oung people who r

eside in public car

e institutions or gr

ow up in

•

dysfunctional families;

• P

eople with physical or mental disabilities;

• P

eople with substance dependence;

• Migr

ants, especially undocumented migr

ants and those inv

olv

ed in

•

pr

ostitution and domestic work;

• Asylum seek

ers and r

efugees, especially unaccompanied minors;

• Victims of violence and discrimination and mar

ginal gr

oups;

• Ethnic minorities and Roma.

Ne

ver

theless, it must be str

essed that vulner

ability is not what causes human tr

afficking,

but, r

ather

, the fact that someone decides t

o exploit a vulner

able person. Accor

dingly , human trafficking cannot be pr ev ented only b y addr

essing the beha

viour of the tr affick ed persons. • Ov er all, ther e is a need t o de

velop systems off

ering long-term suppor

t t

o meet the specific

needs of all tr

affick

ed persons, including those of these mor

e r

ecently identified forms of

trafficking and t o suppor t their r eintegr ation int o the society .

• All public authorities, in par

ticular labour inspect

or

ates, law enfor

cement and immigr

ation

authorities, should prioritise the pr

otection of rights of tr

affick

ed persons o

ver questions

of public or

der and immigr

ation contr

ol. In addition, tr

affick

ed persons should be giv

en unconditional access t o suppor t, and t o saf e pathwa ys t o r

egularise their status and change

emplo

yer in case of abuse.

• Mor e effor ts and r esour ces ar e needed t o pr

ovide legal aid t

o tr

affick

ed persons, and t

o

enable tr

ade unions, NGOs and other act

ors t

o put for

war

d claims for compensation on

behalf of exploited work

ers.

• Ther

e is a need for law enfor

cement agencies, policy mak

ers and NGOs t

o understand

communities of co-ethnics and de

velop a working r

elationship with them.

• Local act

ors should be tr

ained t

o map local human tr

afficking situations in or

der t

o identify

populations at risk and r

ele

vant locations wher

e exploitation and human tr

afficking ar e lik ely to occur . • Outr

each activities should be implemented in or

der t

o suppor

t and engage with ethnic

(14)

CHAPTER 4:

-

25 -THE

MODUS

OPERANDI

OF

HUMA

N

TRA

FFICKING

THE

MODUS

OPERANDI

OF

HUMA

N

TRA

FFICKING

CHAPTER 4

CHAPTER 4 -

24

-Human tr

afficking is a multi-faceted crime comprising v

ar ying degr ees of pr emeditation, coor dination, collabor

ation with co-off

enders for its ex

ecution, and the constant monit

oring of

traffick

ed persons for its continuation. It inv

olv

es: the luring or coer

cion of tr

affick

ed persons

(recruitment phase

); the r

e-location, accommodation and tr

anspor t of tr affick ed persons (tr anspor tation phase ); and the r esultant exploitation of tr affick ed persons ( exploitation phase ). Traffick ers adher e t o par

ticular tactics and methods which often fall under a r

ange of

or

ganised and unor

ganised pr

actices and oper

ations.

For each type of exploitation ther

e exists a v ariety of forms of or ganisation. Ther e is no clear corr

elation between forms of exploitation and the le

vel of or

ganisation of a human tr

afficking

gr

oup: for each type of exploitation tr

affick

ers can oper

ate either as par

t of a mor

e or less

or

ganised criminal gr

oup or on their own. Most tr

affick

ers ar

e low-le

vel criminals acting alone

or in small gr

oups r

ather than as par

t of a lar

ge, or

ganised crime syndicate.

THE W

AYS OF LURING AND COERCING USED BY TRAFFICKERS

The most pr ev ale nt wa ys of luring or coe

rcing in all phase

s of the human tr afficking pr oce ss ar e: • economic position • psy chological position • social position AB US E O F V ULN ER AB ILIT Y • about work: natur e of

work, working conditions,

amount of earnings • about r elationship with the tr affick ed person: faking a r elationship (lo ve or friendship); gifts DECEI T • psy chological manipulation COERCION

THE RECRUITMENT PHASE

HOW?

• Deception about work and working conditions:

the tr affick er pr ovides false pr omises of a better lif e and dr aws an attr activ e pictur

e of the type of work on off

er

, the working conditions

and the salar

y.

WHERE?

_{• T} raffick ed persons’ consent: tr affick ed persons ar e unawar

e of the purpose for which the

y

ar

e r

ecruited nor ar

e the

y informed about the conditions of the work off

er ed. • Lo ver bo y method: the tr affick er f eigns a r omantic inter

est and enters int

o a r elationship with the pr ospectiv e tr affick ed person in or der t

o gain her/his trust.

• Indebting during the r

ecruitment phase: the tr affick er is often r esponsible for tr av el arr ange

-ments and other costs associated with tr

av

elling t

o the destination countr

y, knowing that the

y will be r eco ver ed later b y exploiting the tr affick ed person.

• Recruitment via the Internet:

tr

affick

ers post job oppor

tunities in online classified

adv

er

tisements, cr

eate fictitious websites that attr

act would-be tr affick ed persons or use social media in or der t o locate would-be tr affick ed persons. A t a later stage tr affick ers

communicate with them via Skype or Viber (see Chapter 6).

• Abuse of vulner

ability:

T

raffick

ers use (or r

ather abuse) tr

affick

ed persons’ vulner

able

economic, psy

chological or social position.

Traffick

ers especially tar

get childr

en fr

om families

living in v

er

y difficult economic and social cir

cumstances, fr

om dysfunctional families and

fr

om ethnic minorities (see pr

evious section).

• The r

ecruitment often tak

es place in the countr

y of origin, but ther

e ar

e also cases in which

persons ar

e r

ecruited once the

y ha

ve left their home countr

y, or in the countr y of tr ansf er or destination. • The r ecruitment tak es place ar ound specific ar eas wher e vulner

able persons might spend

time: bars, r

estaur

ants, clubs, tr

ain stations, bus depots, schools.

• Recruitment can tak

e place online thr

ough social networking sites, job adv

er

tisements or

offline thr

ough adv

er

tisements in printed media (see Chapter 6).

• Recruitment can tak

e place b y wor d of mouth.

WHO?

• T raffick ed persons ar e appr oached b

y persons with whom the

y ha

ve a kinship or a friendly

relationship such as an acquaintance, a friend, a neighbour

, a family member or a bo

(15)

CHAPTER 4:

-

27 -THE

MODUS

OPERANDI

OF

HUMA

N

TRA

FFICKING

THE

MODUS

OPERANDI

OF

HUMA

N

TRA

FFICKING

CHAPTER 4

CHAPTER 4 -

26

-The y often come fr om the same ar ea, city , t own or village. • If the tr affick

er has not met the tr

affick

ed person befor

e the r

ecruitment phase, the tr

affick er usually appr oaches the tr affick ed person dir

ectly with a job off

er . The tr affick er is lik ely t o use

aids such as a false br

ochur

e t

o mak

e the job look r

eal.

• The would-be tr

affick

ed persons contact the tr

affick

er or fak

e labour agency themselv

es for

a job off

er (after finding out about the job oppor

tunity thr ough an adv er tisement or a friend). • In Romania

, in 43.4% of the identified cases of for

ced begging, the tr

affick

er was a friend or

acquaintance of the tr

affick

ed person. In other cases, tr

affick ers wer e neighbours or siblings. • In Cyprus , most r ecruitment r elated t o tr

afficking for sexual exploitation is done in countries

of origin, via friends (36%), followed b

y agents (18%) and acquaintances (15%). Less fr

equently , traffick ed persons ar e r ecruited thr

ough family members or close r

elativ es. To a lesser extent, traffick ers appear t o be individuals who ar e closely connected t o tr affick ed persons, such as bo yfriends (4%), r elativ es (4%), and husbands (1%).

EXAMPLE

THE TRANSPORTA

TION PHASE

HOW?

• The means used t

o tr anspor t tr affick ed persons ar e v er y countr

y-specific. In the Nor

dic and

Baltic countries f

erries ar

e often used, wher

eas in the case of Cyprus tr

affick ed persons mor e often tr av el b y air or land r

outes. In the case of Romanians and Bulgarians land r

outes ar

e

especially used.

• In the field of tr

afficking for sexual exploitation, the activities of tr

anspor

tation and

accommodation tend t

o be mor

e planned and or

ganised than other forms of exploitation.

• It seems that tr

affick

ed persons who can secur

e legal entr

y t

o the EU cr

oss the bor

ders of

transit and destination countries legally

, in possession of their own documents. In cases of

trafficking for sexual exploitation, tr

affick

ers in the countr

y of origin, individuals r

esponsible

for the exploitation or who ar

e in contact with the exploiter in the countr

y of destination, tend

to accompany tr

affick

ed persons on their journe

y.

• Coer

cion during the tr

anspor

tation phase is the ex

ception r

ather than the rule. As tr

affick

ed

persons ar

e unawar

e of what awaits them in the destination countr

y, the y exhibit no resistance or hesitation t o tr av el.

• Information about the costs, especially for tr

av

el and accommodation, can be hidden or

misleading in or

der t

o cr

eate cir

cumstances that will allow debt-bondage during the

exploitation phase.

THE EXPL

OITA

TION PHASE

HOW?

WHERE?

In nearly all cases identified, r

eality diff

ers consider

ably fr

om the working conditions initially

pr

omised: tr

affick

ed persons work and liv

e in appalling conditions, ha

ve their documents

withheld and r

eceiv

e no wages or much lower wages than the minimum wage in the

destination countr

y.

• Sexual exploitation:

the location is often r

elated t

o the specificities of the countr

y of destination. F or example, Romania r epor ts that persons tr affick ed within Romania or t o Italy ar

e often exploited on the str

eets or in priv

ate flats, while in Netherlands and Germany

exploitation tak

es place mainly in the form of window pr

ostitution, home pr

ostitution, or

pr

ostitution in clubs and br

othels.

• Labour exploitation:

in the countries r

esear

ched (Netherlands, Bulgaria, Romania and

Cyprus) labour exploitation tak

es place in numer

ous sect

ors, including domestic ser

vitude,

agricultur

e, construction, manufacturing and enter

tainment, mushr

oom gr

owing and cannabis

farming, cleaning, tr

anspor

t, and the shipping industr

y.

• F

or

ced begging and/or committing thefts:

this form of exploitation usually tak

es place in

cr

owded places with pedestrian tr

affic, such as str

eets, chur

ches, public squar

es, entr ances of st or es or supermark ets, tr ain or metr

(16)

CHAPTER 4:

-

29 -THE

MODUS

OPERANDI

OF

HUMA

N

TRA

FFICKING

THE

MODUS

OPERANDI

OF

HUMA

N

TRA

FFICKING

CHAPTER 4

CHAPTER 4 -

28 -RECRUITMENT FOR LABOUR EXPL

OITA

TION

• Countries of origin and destination should de

velop initiativ

es for dissemination of

information on saf

e and legal migr

ation oppor

tunities, such as thr

ough

TV

, r

adio, and social

media (e.g. via F

acebook, Twitter and tr av el applications), as well as thr ough outr each at places of depar tur e and arriv al (e.g. at tr ain and bus stations, seapor ts and airpor ts, or when signing in t

o the public Wi-Fi). Such dissemination effor

ts could be or

ganised in cooper

ation

with NGOs, tr

ade unions and businesses.

The disseminated materials should include

information about the rights of tr

affick

ed persons and labour rights, as well as contact

information and phone numbers of places wher

e persons could call and ask fur

ther advice or assistance. • In par ticular y oung people (16 t o 24 y

ears) can benefit fr

om guidance on taking pr ecautions befor e tr av elling abr

oad. It has been suggested that the

y should be informed t

o

lea

ve a cop

y of their passpor

t with a trusted person and t

o inform them about their itiner

ar

y

to r

each the destination countr

y for instance. In addition, pr

oviding contact information at

destination and collecting contacts of consular offices and other r

ele

vant or

ganisations that

might pr

ovide help ha

ve been suggested as useful tips.

• Incr

eased awar

eness about the r

eality of labour envir

onments and conditions, including

minimum wage in E

ur

opean countries, can assist individuals t

o assess the cr edibility and reliability of off ers of emplo yment. Ther efor e, mor e detailed and up t

o date content must be

disseminated as par t of any awar eness r aising campaign. • Misuse of A u P air and Ar

tist visa systems should not be solv

ed b y cancelling such pr ogr ammes, but r ather b y cr

eating other possibilities for cir

cular migr

ation.

• Gr

eater attention must be paid t

o the use of s ocial media s ites b y tr affick ers as a r ecruit -ment t

ool, including adv

er

tisements b

y (pos

sibly

fictitious) labour agencies

. Ne ver theless, it r emains impor tant that pr ev ention campaigns pa y attention t

o the fact that people ar

e

also dir

ectly

recruited and not only

via online off

ers and adv

er tisements. Mor e attention for re cru itm en t p lac es is als o n ee de d. Fu rth er, in cre as ed aw are ne ss is n ee de d: o ne sh ou ld n ot necessarily trus t a clos e friend or r elativ e, but s

hould check (emplo

yment) off ers car efully befor ehand. This ought t o be coupled with gr eater inv es

tment in education and awar

enes s ra isin g s o t ha t p ote nti ally vu ln era ble p ers on s a re aw are o f o th er op tio ns fo r e m plo ym en t.

LA

W ENFORCEMENT AND BORDER A

GENCIES

• An incr

ease in awar

eness among bor

der contr

ol authorities and gr

eater cooper

ation with

stak

eholders at locations outside of airpor

ts, such as embassy staff, is vital t

o addr essing human tr afficking issues. • Law enfor cement authorities ar e r equir ed t

o better focus their inv

estigations on the t

otality

of the envir

onment and cir

cumstances in which human tr

afficking tak

es place.

This includes

examining all par

ties inv

olv

ed and whether the

y wer

e individuals oper

ating alone or par

t of

a lar

ger criminal gr

oup, and/ or the illegality of the r

elated cir cumstances and pr ocesses inv olv ed. • Monit

oring compliance with labour laws via labour inspection agencies and authorities

needs t o incr ease. F ur ther , the priv ate sect or should be mor e inv olv ed in the pr ev ention and combating of human tr afficking. Contr

ol mechanisms should be set up t

o monit

or businesses

compliance with labour standar

ds and human rights, and go

vernments should pr

ovide

incentiv

es for companies which comply

, while enacting sanctions for businesses which do

not r

espect human rights.

• It is impor

tant that labour inspection and law enfor

cement authorities not only contr

ol the

legal enterprise, but also watch out for exploitation in the illegal cir

cuit and unr

egulated

sect

ors. One wa

y of achie

ving this could be thr

ough the implementation of cer

tification

pr

ogr

ammes which also for

(17)

CHAPTER 5: THE TRAFFICKERS CHAPTER 5: THE TRAFFICKERS

-

31 -THE TRAFFI

CKERS

THE TRAFFI

CKERS

CHAPTER 5

CHAPTER 5 -

30

12 - 18 19 - 25 26 - 35 36 or older TRA CE collected information on 334 tr affick ers fr om: 160 cour

t and police files in Romania,

the Netherlands, Bulgaria, England and W

ales, and Cyprus; 101 tr

affick ers (thr ough either inter views or questionnair es); and fr om pr of essional exper ts, tr affick ed persons, lawy ers

and social work

ers (thr ough 50 inter views). Accor dingly , the data pr esented her e concerns people who ha

ve been convicted of human tr

afficking as analysed in the file study carried out

by TRA CE. The term “tr affick ers” r ef ers t o individuals who ha ve been inv olv ed in exploitation, facilitation and/or r ecruitment of tr affick ed persons. • ar e pr edominantly male; • the majority ar

e 36 or older but of all ages (r

anging fr om under 18 t o o ver 70 y ears old); • ha ve diff er

ent nationalities and cultur

al back

gr

ounds, depending on the countr

y; • the majority ar e either married or in a r elationship and ha ve childr en; • gener ally , ha ve low le vels of education; • ar e often unemplo yed or r eceiv e social benefits; • ar e socially activ e; • o ver all enjo y a healthy lif

e, both physically and mentally;

• ha

ve low r

ates of alcohol and drug addiction and abuse.

TRAFFICKERS IN THE TRA

CE FILE STUD

Y

GENDER OF TRAFFICKERS

AGE OF TRAFFICKERS

male f emale single in a r elationships married y es no unknown div or ced widowed unknown

FAMILIAL STA

TUS OF TRAFFICKERS

EDUCA

TION LEVEL OF TRAFFICKERS

TRAFFICKERS WHO HA

(18)

CHAPTER 5: THE TRAFFICKERS CHAPTER 5: THE TRAFFICKERS

-

33 -THE TRAFFI

CKERS

THE TRAFFI

CKERS

CHAPTER 5

CHAPTER 5 -

32 -TYPES OF TRAFFICKERS

MOTIVES AND INCENTIVES

TRA

CE r

esear

ch made the following categorisation of tr

affick

ers:

• Rational choice theor

y assumes that tr

affick

ers mak

e r

ational choices, balancing the costs

and benefits of their actions. F

ollowing this theor

y, human tr afficking is per ceiv ed as a low risk-high gain v entur e ( see Chapter 1 ). • Accor ding t

o the network theor

y, individuals become inv

olv

ed in the crime of human

trafficking because of the envir

onment in which the

y liv

e (school, family

, peers) (see below).

• The neutr alisation theor y r elates t o techniques used t o r ationalise one ’s beha viour . Traffick

ers use the following neutr

alisation techniques: denial of injur

y; denial of r esponsibility; and appeal t o higher cultur al norms and lo yalties. The

y thus justify their crime b

y convincing themselv es that the tr affick ed persons agr eed t

o the situation and that the

y ar e helping people. • Pla yers / lo verbo ys whose age v

aries between 20 and 40 y

ears old. Resear

ch

suggests that of those countries studied, the tr

affick

ers wer

e commonly Romanian,

Polish or half-Dutch with a dual nationality

. The y ha ve not r eceiv ed v ocational

training or higher education nor do the

y ha ve r egular work. The y know how t o

manipulate women or girls and ther

e is alwa ys some sor t of ‘r omantic ’ aspect t o their r

elationship: it is not only a business r

elationship but ther

e is some emotional

binding inv

olv

ed, be it functional or not.

• T

raffick

ers fr

om

poor and/or vulner

able back

gr

ounds

who become inv

olv ed in human tr afficking in or der t o ha ve a better lif

e and find that tr

afficking is lucr ativ e. • T raffick ers who ar e

born in a criminal envir

onment

and t

o whom tr

afficking

(or crime) is normalised.

• Matur e age tr affick ers who fall in lo ve with a woman in pr ostitution or pr ovide a girl the y lik e, who ma y turn out t o be a minor , with housing. Their inv olv ement with human tr afficking is almost accidental . The y sometimes ha ve r eceiv ed some education and ha ve r egular work.

CHARA

CTERISTICS AND PERSONALITY

Traffick

ers in the

TRA

CE study ar

e outgoing persons who engage in social contacts, but their

social networks ar

e often crime-r

elated: the

y ha

ve mainly r

elationships of mutual inter

est

and their social contacts ar

e functional t

o their human tr

afficking activities. Despite ha

ving a

social lif

e r

elated t

o their criminal activities, tr

affick ers ar e often consider ed b y others t o be nar

cissists or anti-social persons who instrumentally use physical and emotional abuse.

The

y

lack empathy and do not show r

emorse, guilt or r egr et. Traffick ed persons, exper ts on human

trafficking (law enfor

cement officials and NGOs) and the social envir

onment (e.g. wiv

es,

family

, friends) of tr

affick

ers used the following char

acteristics t

o describe their personality:

‘I don

’t think I’

m guilty of tr

afficking in people just because I tr

av

elled with the person t

o

Bar

celona and that’

s why I’

m guilty because we wer

e ha

ving an affair and s/he r

obbed me and

filed a complaint against me.

’

‘I ha

ve seen the whole world. America, Dubai, I ha

ve been e ver ywher e. My passpor t is filled with stamps. I ha

ve had piles of mone

y, millions. I ha

ve had a chateau in

Tunisia, with a view on

the seaside, palm tr

ees and se ven bedr ooms…T o sniff cok e, ha ve sex and ha ve fun. That does something t o y ou as a male. ’ Arr

ogant / rude / inhumane / manipulativ

e / str

eet-smar

t / soft spok

en / sly / ruthless / addict

-ed t

o power / charming / sociable / manipulativ

e / selfish / calculating / r

efined / self-confident

/ aggr

essiv

e / intimidating / lack of or def

ectiv

e and disturbed mor

ality / str

ong sexual driv

e

TRAFFICKER X:

Mor eo ver , cer tain tr affick ers ha ve an a version t o the ‘usual wa y of lif

e’, namely working in a

legal industr

y and ha

ving a family lif

e, because the

y ar

e dr

awn t

o and become addicted t

o the

wa

y of lif

e associated with being a tr

affick

er

Handbook - TRACE-ing human trafficking: Handbook for policy makers, law enforcement agencies and civil society organisations

Tilburg University