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Wednesday, May 22, 2013

The face of human trafficking - Al Jazeera Blogs

http://blogs.aljazeera.com/blog/americas/face-human-trafficking


SOURCE: Al Jazeera Blogs


Kristen Saloomey is Al Jazeera's correspondent in New York.


Shandra Woworuntu once paid $3,000 to a broker expecting to get a job in a Chicago hotel and her ticket to the American dream. Instead, the then 25-year-old from Indonesia got sold into prostitution, literal sexual slavery.
Now, at 36, she spends her free time talking about the dangers of human trafficking.
"Forgetting is not the solution," Shandra told me. She wants to make people aware that this crime is happening, often right under their noses.
Talking about such a horrific experience is one thing, last week she actually took me to one of the many places where she had been locked up.
Her captors trafficked her to several locations in New York and Connecticut over the course of a month in 2001. This was the last one, the apartment building she had  escaped from.
It sits on a corner in a neighbourhood known as Sunset Park, New York, home to many recent immigrants, where many of the storefronts bear Chinese lettering. The building she took me to looks like any other Brooklyn tenement building. For Shandra, however, it was living hell.
She pointed out the wrought iron bars covering all of the first floor windows, ostensibly to keep intruders out but also serving to hold her and two other Indonesian women in.
A bouncer slept in front of the door. Whenever they changed locations – the customers like variety - they travelled with an escort who held a gun to their backs. But soon after arriving at this location she discovered a possible way out: a small bathroom window that didn't have a lock or bars covering it.
It is bricked over now, but you can make out where it was thanks to the different color of the bricks, about three metres off the ground. Shandra had screamed for a shower and so the women were allowed into the bathroom. They turned on the water to disguise any noises and Shandra climbed up and, at barely 100 pounds, wriggled through. The window was so small that one of the other women didn't make it out.
The two who escaped promised to come back for her – and they did - but it took over a month of living on the street to find help from law enforcement. When Shandra first tried telling their story, the police either didn't understand her broken English or didn't care. Her captors had taken all of her identification. Finally, Shandra met someone who put her in touch with the Federal Bureau of Investigation.
Human trafficking is not a crime typically associated with the United States, even though it is estimated that half of international trafficking victims end up here. Like Shandra, the victims are generally looking for a better life and get trapped.
One recent federal bust involved a dozen individuals who are now charged with trafficking Mexican women to the greater New York area. Many of them were wooed into romantic relationships with their captors and then, once far from family and all that is familiar, told they'd have to sell themselves to help pay the rent.

"The women were sometimes beaten, threatened with violence both sexual and physical and their families were threatened," explained James T Hayes Jr, special agent in charge of Homeland Security Investigations' New York office, adding they were forced to have sex 20 to 30 times a day. Ultimately many were threatened with deportation.
"It's a really heart-breaking ordeal."
Manhattan District Attorney Cyrus Vance notes there has been a shift in the way law enforcement handles these cases. In the past, the women might have been charged with prostitution. Now, there is greater recognition that the women are generally unwilling participants.
Vance has created a special unit in his office to handle human trafficking cases, combining experts in sex crimes and money laundering. He has also begun working with banks to identify financial clues that could serve as red flags for investigators looking for evidence of human trafficking.
"The way to attack sex trafficking and human trafficking is to understand that what we are dealing with here is a business," Vance explains.
And it is a growing one. The Polaris Project estimates 14,500 to 17,500 men and women are trafficked into the US from other countries. Tens of thousands more Americans, primarily children, are also trafficked.
Such evidence could help prosecutors rely less heavily on the testimony of traumatised victims.
Shandra had to tell her story over and over again to the investigators who ultimately put her captors behind bars, a feat many victims are not up to. Their road to recovery is long. Shandra still receives counseling and struggles with post-traumatic stress disorder.
Visiting Sunset Park was not easy for her. Seeing the room with the bars on the window brought back lurid memories – but it was only after our cameras stopped rolling that her composure cracked.
She wondered out loud why no one ever told the authorities that men – no women or children - were coming in and out of the building at all hours. The window with the bars is barely a metre from the street.


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IPS – Brazil Lagging in Fight against Human Trafficking | Inter Press Service

http://www.ipsnews.net/2013/05/brazil-lagging-in-fight-against-human-trafficking/

Source: IPS

By Fabiola Ortiz

Trafficking turns people into merchandise. Credit: Amnesty International
Trafficking turns people into merchandise. Credit: Amnesty International

RIO DE JANEIRO, May 20 2013 (IPS) - In contravention of international law, in Brazil trafficking in human beings remains invisible and unpunished, which encourages the practice of trafficking for sexual exploitation, forced labour, illegal adoption and the trade in human organs, according to experts.
Local laws punish drug trafficking more severely than human trafficking. The sale of drugs carries penalties of between five and 15 years, while trafficking of persons for sexual exploitation is punished with a maximum sentence of eight years, with work release allowed.
“Human trafficking is still an invisible crime. What we have here now is real impunity,” judge Rinaldo Aparecido Barros, a member of the National Council of Justice’s working group on human trafficking, told IPS.
An average of 1,000 persons a year are recruited in Brazil and sent abroad, the public prosecutor’s office said at a public hearing on “Tráfico de pessoas: prevenção, repressão, acolhimento às vítimas e parcerias” – Trafficking in persons: Prevention, repression, care of victims and (illegal) associations – that it held in this city on Friday, May 17.
The goal was to gather and share information about combating human trafficking and to organise joint action to prevent and crack down on the crime. The meeting focused on Brazil’s role as a source country of victims for other parts of the world.
Brazil is also a destination country for victims of human trafficking, and there is internal trafficking of Brazilians for exploitation within the country’s borders as well.
In the last three years, 3,000 Brazilians were transported abroad and subjected mainly to sexual exploitation and slave labour, participants at the meeting described.
“This is a significant number. A large group of people have been deprived of their dignity. The thousands of cases documented every year do not represent the total, because we do not know how many cases escaped our notice,” said federal deputy attorney-general Raquel Elias Ferreira Dodge.
The actual number of victims sent abroad by human trafficking rings is unknown, participants at the meeting agreed.
“We have to work more effectively so that these crimes are condemned without delay. The crime of trafficking in persons injures human dignity,” said Dodge, who is a member of the Higher Council of the federal public prosecutor’s office (MPF).
She said, “Slave labour negates the personhood of the individual and converts the victim into merchandise that can be smuggled and trafficked.”
But hindering the fight against human trafficking in Brazil is the fact that it is only a crime when it leads to sexual exploitation or slave labour, Erick Blatt, the representative of the federal police in Rio de Janeiro, told IPS.
“It is very hard to identify the crime; investigations can only be initiated on the basis of reports, without the certainty that illegality can be proved,” said Blatt, who is also the representative of Interpol, the international criminal police organisation, for the state of Rio de Janeiro.
Moreover, when it comes to international trafficking, “most people go voluntarily to the place where they are exploited: the majority do not know that their passports are going to be taken away,” he said.
The International Organisation for Migration (IOM) defines human trafficking as “the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, for the purpose of exploitation.”
The forms of coercion cited are “abduction, fraud, deception, the abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.”
People smuggling, on the other hand, is limited to profiting from covertly transporting migrants, at their request, from one country to another where legal entry would normally be denied at the border. This is illegal, but no deception may be involved.
Article 231 of Brazil’s criminal code defines the crime of sexual exploitation, and article 149 describes subjection to slave-like conditions. Both crimes are punished relatively leniently, with lighter sentences than for other offences.
The United Nations Convention against Transnational Organised Crime, adopted in 2000 and ratified by Brazil in 2003, specifically identifies human trafficking crimes and proposes wide-ranging punishments, which Brazil has still not incorporated in its laws.
“We are going against the flow of international legislation. In Brazil, the issue has been inadequately treated. Human trafficking is a crime against humanity that robs people of their human dignity,” Judge Barros complained.
He said the best measures for fighting human trafficking were those that block the assets of the trafficking rings, in order to attack their economic flank.
Trafficking in persons is run by complex international crime syndicates that, in Brazil, recruit poor women who have no opportunities for a better life, lawyer Michelle Gueraldi of the Trama Project, an umbrella group for NGOs that combat human trafficking, told IPS.
These women emigrate voluntarily, often out of the desire to improve their lives, and end up being exploited in Spain, the United States, Portugal and Caribbean countries, among others, she said.
Blatt added that Brazil, in turn, is a destination country for women victims of human trafficking from Eastern Europe, especially Hungary and Poland.
“Trafficking in persons is a violation of human rights. The Trama Project is working on prevention and on victim protection. We also receive denunciations of cases, and we find that the majority of recruiters are persons known to and trusted by the victims,” Gueraldi said.
In February the Brazilian government established its Second Plan to Combat Trafficking in Persons, but the challenge is to put these policies into practice, she said.
Blatt admitted that tracing victims of human trafficking across borders is difficult for the local police and for Interpol.
“If communications between the police and the prosecutors are slow here in Brazil, imagine what communications are like between police forces internationally,” he said.
Human trafficking is extremely lucrative. In Europe alone it generates some 3.2 billion dollars a year, according to speakers at the meeting.
The United Nations Office on Drugs and Crime (UNODC) says there are at least 2.5 million victims of human trafficking worldwide. A survey by UNODC found that 58 percent of respondents were victims of sexual exploitation and 36 percent of slave labour.

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Human trafficking victims tell of drug factory ordeal | Global development | The Observer

Human trafficking victims tell of drug factory ordeal | Global development | The Observer

Maria Grazia Giammarinaro: Scotland's Move to Protect Victims of Modern Slave Trade Is Model for the World

http://www.huffingtonpost.co.uk/maria-grazia-giammarinaro/scotlands-move-to-protect_b_3284739.html

Source: Huffington Post UK

16/05/2013 11:30


Maria Grazia Giammarinaro








Last month, Scotland's police made a radical policy shift, announcing they would no longer seek to prosecute people brought to the UK to work against their will. This shift is crucial: a "victim focused" approach is needed, if we want to achieve better results in the fight against human trafficking, which is nothing more than a modern-day version of slavery.
Scotland's move towards "non-punishment" of victims is a major milestone in the ongoing effort to combat human trafficking, a grave violation of human rights and a growing social injustice. It is a move that I applaud. As Special Representative and Co-ordinator for Combating Trafficking in Human Beings at the Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, I see this as a model that needs to be widely followed.

People who are being trafficked to work without a salary in inhuman conditions in agriculture or construction or domestic work, or to be sexually exploited, or to commit crimes such as pickpocketing or drug trafficking are victims. They are compelled to commit crimes such as the use of false documents or the violation of immigration laws. Trafficked people - already the victims of cruel injustice on the part of criminals - are being twice punished for crimes they have not committed voluntarily.
This new approach to protecting the victims is key to guaranteeing the human rights of trafficked people, who have committed crimes only because they have been compelled to do so. It is also an essential step to reducing victims' reluctance to appear in court and helping law enforcement bodies to increase prosecutions.
To understand the injustice of the present situation, you need only look at typical case: a young Vietnamese girl is trafficked to the UK and imprisoned in a guarded cannabis factory where she is made to work long hours without receiving a salary. During a raid, the girl is arrested and prosecuted for drug cultivation, ultimately receiving a 20 month sentence.
First, a court convicts a trafficked girl of a crime she was forced to commit. Second, in treating the victim as a criminal facing deportation upon release, the court eliminated almost any possibility that she will testify against those who trafficked her.
Statistics show that misunderstanding the victim's situation has had a paradoxical effect, jailing people for relatively minor crimes while allowing human traffickers to go free. Last year, the International Labour Organization (ILO) estimated that there are 20.9 million people in situations of trafficking and forced labour globally, with around 880,000 in the EU. Separate data compiled by the US Department of State showed that globally there were 7,909 prosecutions for trafficking in 2011, and 3,969 convictions, with 42,291 victims identified. This shows that there are almost no legal consequences for traffickers in the vast majority of cases, and no access to justice for the millions ensnared.
The principle of non-punishment is spelled out in the national legislation of a number of countries and in the Council of Europe's Anti-Trafficking Convention. Now, it is essential that law enforcement bodies and the judiciary uphold this key principle.
Recently, I have led the way by issuing a series of policy and legislative recommendations drafted by a group of leading trafficking experts to help ensure that the principle of non-punishment is applied to trafficking victims. Among our 29 recommendations are several key points:
--The obligation not to punish victims of trafficking, grounded in international law, must be effectively implemented by governments in their criminal justice systems and practices.
--The non-punishment principle includes not only the prohibition to apply criminal sanctions but also the prohibition to detain and prosecute victims, and to apply administrative sanctions. This shield needs to be used to avoid trafficked people being unjustly detained or deported and to ensure that they do not end up with a criminal record, or negative consequences such as restrictions to residency or labour rights.
--Child victims of trafficking are particularly vulnerable. They must be rapidly identified as trafficked children and their best interests considered paramount at all times. Child victims of trafficking shall be provided with appropriate assistance and protection.
-- States should consider adopting an open-ended list of offences typically related to trafficking in human beings.
These recommendations need to be followed, and it is also crucial that judges and law enforcement officials are able to distinguish between a common criminal and a trafficking victim. As I travel around the OSCE region, I make sure to meet judges and law makers to raise their awareness and promote a victim-centred approach to trafficking action that respects the dignity and human rights of the trafficked.
If we do not act to change both legislation and attitudes, it will be impossible to ensure the rights of victims to receive compensation, and to significantly increase the number of convictions in trafficking cases. It is time to act to bring justice to these victims of modern slavery.
Maria Grazia Giammarinaro is the Special Representative and Co-ordinator for Combating Trafficking in Human Beings at the Organization for Security and Co-operation in Europe (OSCE) and a judge at the Criminal Court of Rome.
 

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Saturday, May 18, 2013

Thai raid on fishing operation frees dozens of enslaved migrants | Democratic Voice of Burma

http://www.dvb.no/news/thai-raid-on-fishing-operation-frees-dozens-of-enslaved-migrants/28259?utm_source=feedly

Source: Democratic Voice of Burma

By NANG MYA NADI


Published: 16 May 2013
trafficking-story
A migrant worker from Burma gets off a fishing boat at a seafood market in the town of Mahachai near Bangkok. (Reuters)
Thai authorities rescued more than 50 migrant workers, including eight Burmese nationals, who had been trafficked and were forced to work as slave labourers on fishing boats in Chonburi on Wednesday.

Officials from the Royal Thai Police’s Anti-Human Trafficking Division along with local officials and the Royal Thai Navy rescued the 58 migrants, a majority of whom were Cambodian nationals.

The migrants had been working on four fishing boats at Samaesan fishing village in Sattahip town, according to Labour Rights Promotion Network’s director Sompong Srakaew.

The rescue mission was carried out after a Burmese migrant working on one of the boats contacted the NGO.

“The [Burmese migrant] phoned us and reported the situation a few months ago and since then, we have made about three attempts to approach the boats – it finally was successful,” said Sompong Srakaew.

“They were sold to the fishing boats by their ‘job broker’ and forced to repay the money [paid to the trafficker] with their labour – they were not allowed to leave the boats.”

He said the victims were being kept at the Protection and Occupational Development Centre in Pathum Thani province and are not allowed to see visitors as authorities proceed with the investigation.

The Thai police’s Department of Special Investigation is holding the three ship captains who oversaw operations on the suspect vessels in custody.

Following the rapid expansion of Thailand’s economy in the 1990s and 2000s, the Kingdom has been forced to rely largely on foreign migrants to fill manual labour positions in the country’s construction, agriculture and fishing sectors.

Impoverished migrants arriving near Thailand’s bustling coastal hubs are particularly vulnerable to falling victim to schemes were human traffickers pose as job recruiters and end up selling individuals to boat captains.

According to an investigation published on Global Post last year, labourers from Cambodia and Burma in Thailand’s commercial fishing hub at Samut Sakhon are “sold” for an estimated US$ 600 to fishing boats.

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Friday, May 17, 2013

ILO Global Forum Discusses Decent Work in the Fishing Industry - The Fish Site

ILO Global Forum Discusses Decent Work in the Fishing Industry - The Fish Site:

Source: The Fish Site

May 17, 2013


GLOBAL - Government, employer and worker delegates meeting at ILO headquarters will consider ways to promote decent work in the fishing industry through the implementation and ratification of the ILO’s Work in Fishing Convention, 2007 (No. 188).
From 15 to 17 May, delegates will discuss how this Convention can be used as a tool to improve working conditions and to help address major challenges in the industry.
These challenges include the image of the fishing industry; occupational safety and health; conditions of work on small fishing vessels; forced labour and human trafficking; child labour; conditions of work of migrant fishers; illegal fishing and food security.
Delegates will also address the need to strengthen social dialogue between representatives of fishing vessel owners and fishers. They will also exchange experiences on their efforts to implement this instrument in their home countries and on their own fishing vessels.
“The Forum should agree on the way forward for the formulation of national legislation that will allow for the ratification and implementation of the Convention. There will be different challenges in many countries. These can be identified and the ILO can consider assistance in addressing them,” says Captain Nigel Campbell, the chair of the Forum.
ILO Convention No. 188 was adopted to ensure that fishers have decent working conditions on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security. These include such matters as ensuring fishers are at least of a minimum working age, have provided sufficient rest at sea, and have clear written agreements with vessel owners covering their work on board.
The Convention puts in place a mechanism to ensure compliance with, and enforcement of, its provisions by States and provides that large fishing vessels and fishing vessels on extended international voyages may be subject to labour inspections in foreign ports.
There are benefits for fishing vessel owners as well, as the Convention will help to attract and retain fishers, to reduce accidents at sea and to address how fishers are engaged by vessel owners and employers in an increasingly globalised sector.
“The Work in Fishing Convention is one of the three pillars for safety at sea in fishing, and the working and living conditions of fishermen. The other two are the Torremolinos Convention of 1977 and the STCW-F Convention of 1995. The ratification rate of all three Conventions is way too low. Policy makers should make these essential Conventions an integral part of fisheries policies,” says Ment van der Zwan (IOE), who represents the fishing vessel owners at the meeting.
“We look forward to adopting concrete action points which will facilitate the entry into force of ILO Convention 188, and to agreeing on how we can address some of the social and labour problem areas within the sector,” a representative of the fishers says.
According to an ILO report for the meeting, challenging and often difficult working conditions are common in fishing, regardless of the type and size of the fishing operation. There is a huge diversity in the fishing industry’s various sectors, with vessels ranging from small wooden fishing vessels to huge deep-sea trawlers.
“This introduces very different employment practices, from the family-owned boat to vessels owned by large conglomerates and fishing operations, and the day at sea as opposed to voyages of many months,” explains Campbell.
“This diversity often makes it difficult for employees and employers to organize themselves into bodies that can interact as social partners.”.
The number and difference in regulatory regimes is another major challenge: in some countries the maritime safety authority monitors employment conditions, while in others it’s the labour ministry or the fisheries ministry or agency. In many countries, safety regulations are only applied to larger vessels and smaller crafts are rarely if ever inspected.
For the ILO, all people should have legal protection with respect to their conditions of work. For fishers, who provide the food that every day sustains the health of a great part of the world’s population, such legal protection should take the form of national laws, regulations or other measures which, at a minimum, implement the provisions of the Work in Fishing Convention, 2007.
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Fighting poverty would limit trafficking, Vatican's U.N. observer says | National Catholic Reporter

http://ncronline.org/news/global/fighting-poverty-would-limit-trafficking-vaticans-un-observer

SOURCE: National Catholic Reporter

May 17, 2013

UNITED NATIONS

The political commitment to combat human trafficking must be backed by concrete actions to ensure that victims gain their freedom from modern-day slavery, said the Vatican's representative to the United Nations.
Addressing a U.N. General Assembly meeting to develop a global plan to address human trafficking May 13-14, Archbishop Francis Chullikatt, permanent observer of the Holy See to the United Nations, said that unless the "dark reality of consumerism" is addressed, the exploitation of people for sex and labor will continue.
"Trafficking in person constitutes a shameful crime against human dignity and a grave violation of fundamental human rights," Chullikatt said. "Those who commit such crimes debase themselves and poison human solidarity."
He reminded the meeting that "people are never to be used or treated as instruments for unscrupulous profit-mongering" through forced slavery.
The archbishop said alongside social, political and legal steps to stop trafficking, the world must work to address societal factors that make human trafficking possible.
Severe poverty and the "commodification of human life" are the most significant factors the world must address if trafficking is to be reduced and eventually eradicated, he explained.
"Such commodification can be seen in the women and girls who are trafficked each year for the sole purpose of making money from the sale of their bodies," he said. "There is indeed an urgent need here to challenge lifestyles and models of behavior, particularly with regard to the image of women, which have generated what has become a veritable industry of sexual exploitation."
Extreme poverty, the archbishop added, "often drives those desirous of a better future into the hands of those preying upon the vulnerability of the poor and defenseless."
"These individuals, prompted by a genuine desire to provide for themselves and their needy families, too easily become unsuspecting victims of those who make false promises of a better future in another country or community. Our efforts to address human trafficking are inherently linked, therefore, to our determination to address poverty eradication and lack of equal economic opportunity" he said.
Chullikatt also cited the efforts of Catholic institutions worldwide to aid trafficking victims, pledging that the church will continue to "stand in solidarity" with victims and "we will not cease in our efforts to ensure that today's victims of human trafficking become tomorrow's survivors."


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