Preventing trafficking in women and girls Anju

slide1. Preventing trafficking in women and girls Anju Dubey Pandey,
Resource person SIRD ODISHA<br>
slide2. Agenda Human Trafficking
Vulnerability of women and girls
Prevention and Role of EWRs<br>
slide3. TNA: Y/N I understand the concept of trafficking and its elements
It happens only through force and for sexual exploitation
Men always migrate for work of their own free will and therefore do not experience violence
Trafficked victims are found only in brothels
All traffickers are from cities
A FIR for a trafficked case can be lodged only at the point of destination
It is the individuals responsibility to protect herself
Only the victim and/or her family members can file an FIR
I am aware of Anti-Human Trafficking Units, Special Juvenile Police Unit and Trafficking Police Officer
Just Knowledge among EWRs can prevent trafficking<br>
slide4. Human Trafficking: Global Human trafficking a systematic violation of human rights

It is the third most profitable illicit trade, after that of arms and drugs

Generates about US$ 217 billion in revenue, annually*, - linked to other organized crimes - human smuggling, drug trafficking, and money laundering 
ILO ** - there are 2.45 million trafficking victims currently under exploitative conditions - estimated that another 1.2 million persons are trafficked annually 

* Trafficking in Persons Report, United States Department of State, 2006, p. 13.
** State of the World Population Report, UNFPA, 2006, p. 44.<br>
slide5. Trafficked Persons: South Asia Home to second largest numbers of internationally trafficked persons…150,000 annually*
India, Bangladesh and Nepal are major source countries for trafficking of women and children
Estimated that 50% of all female sex trafficking victims in South Asia are under age 18 at the time of exploitation**
Media Report : 6,88751 ‘registered’ sex workers in India : not mandatory for them to have a health certificate on STDs ***
However, due to the clandestine nature, all statistics, even at their best are inaccurate

* Highest estimates from South East Asia: 225,000 , State of the World Population Report, UNFPA, 2006, pg 45
** US State Department, Trafficking in Persons Report
*** Times of India July 2010, reported as reply by the GOI to a RTI filed by a New Delhi resident<br>
slide6. Fundamental Rights - Constitution Article 21 – Protection of Life and Personal Liberty

Article 23 – Prohibition of traffic in human beings and
forced labour

The 2002 SAARC Convention on Preventing and Combating
Trafficking in Women and Children for Prostitution, defines
trafficking as :
“the moving, selling or buying of women and children for
prostitution within and outside a country for monetary or other
considerations with or without the consent of the person
subjected to trafficking”.<br>
slide7. Definition of Trafficking The UN Protocol, 2000 to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol) which supplements the Convention against Transnational Organized Crime states that “Trafficking in persons” shall mean:

“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.”<br>
slide8. Human Trafficking: Elements (Article 3)<br>
slide9. What Is Human Trafficking?<br>
slide10. Trafficking : a process 1. Recruitment Place of Origin


2. Transportation Place of Transit


3. Exploitation Place of Destination<br>
slide11. Forms of Trafficking Forced labor
Bonded labor
Debt bondage
Child soldiers
Camel jockeying
Organ trade
Begging
Illicit adoption
Circus bondage
Forced marriage
Sexual exploitation
Children exploited in commercial sex
Etc etc<br>
slide12. Vulnerabilities Poverty
Lack of livelihood opportunities
Relative disparities of income, employment and livelihoods
Illiteracy
Lack of economic development
Food insecurity
Increase in demand for women and children for sexual and labor exploitation
Growth in crime syndicates
Poor law enforcement
Insensitive social and cultural practices
Natural and human made disasters
Conflict
War
Etc etc….<br>
slide13. Who are more Vulnerable… Street children with no guardians;
Adolescent girls, adolescents in general;
Children from families in crisis (e.g., alcoholic parents, traumatized from war or civil conflict);
Single women with children (unmarried, divorced, widowed, or abandoned);
Single women (often traumatized through stigmatization e.g., rape victim, suspicions regarding morality, etc.); and
Women/girl migrants—either alone or with families.
Girl children from vulnerable families/places
Women and girls who are illiterate
Women and girls from disadvantaged groups (SC, ST, girls from Bedia, Kanjar, Devdasi, Nat communities)
Women and girls from areas affected by natural disasters, political conflict etc
Young girls trafficked for child marriage…others….<br>
slide17. Vulnerability Mapping : A study by UN Women Social and demographic (SC, ST, female literacy rate, age specific sex ratio, crime against women, prevalence of HIV AIDS, female out-migration)
Economic(lack of livelihood, ownership of land, food insecurity…poverty,
Cultural(e.g. Devdasi, Jogini, Nat, Bedia )
Environmental (natural calamities)<br>
slide18. VULNERABILITY MAPPING<br>
slide19. Who Are the Victims? Source: U.S. Departments of State and Justice, 2006<br>
slide20. Who is a trafficker/offender A trafficker/offender in trafficking crimes includes all
persons, agencies or institutions:
• Involved in any act in the process of trafficking
• Who gains/makes profit/exploits
- As the trafficked person passes through a chain,
- From the final point of source area through the transit area to the point of final destination and
- From any act involved in the process of exploitation of the trafficked person(s)<br>
slide21. Who can be Traffickers : Recruiter/Agent of Recruiter
Seller of trafficked person
Buyer of trafficked person
Transporter
Conspirator
‘Customer’/clientele, who create/perpetuate demand
Pimp
Brothel madam
Brothel managers
Financier
Parent(s)/guardian(s) who knowingly sell/cause to sell/traffic their children/ward<br>
slide22. Scene of Crime (SOC) the source point (e.g., place of recruitment)

the trafficking routes (including mode of transport)

the transit points (e.g., halting places enroute)

the destination point

the points of exploitation (e.g. brothel)

the places where the ‘products’ of exploitation were transferred to (eg. in a case where the CSE was to produce pornography, the SOC includes places where the pornographic materials were sent to, stored, transported, and places where they were sold/purchased, etc).<br>
slide23. Modus operandi of traffickers Offering them jobs as domestic servants
Promising jobs in the film world
Coercion Offering money
Luring them with ‘pleasure trips’
Making false promises of marriage
Befriending them by giving goodies
Offering shelter to girls who have run away from home or are street children
Offering to take them on pilgrimages<br>
slide24. trafficking a continuing crime Trafficking is an organized and continuing crime. Multiple
crimes can be culled out under trafficking such as:

abduction, kidnapping, illegal detainment, illegal
confinement, criminal intimidation, hurt, grievous hurt,
sexual assault, outraging modesty, rape, unnatural
offences, selling and buying of human beings, servitude,
criminal conspiracy, abetment, etc.

Therefore, multiple abuse and abusers located at different
points of time and place together constitute the organized
crime of trafficking.<br>
slide25. Some issues… What does the preponderance of women and girls indicate?

Why are more women and girls trafficked ?

Why are more women and girls trafficked for SE?<br>
slide26. Does it mean that women and girls experience trafficking in a different way than men and boys?

If yes, what is the difference?

What are the specific vulnerabilities of women and girls?<br>
slide27. How are vulnerabilities linked and one leads to another? (Dalit, Poor,Young,Widowed,Woman, HIV &AIDs)

Where and how does gender intersect with other social categories of caste, class, religion, race and ethnicity?

How the cause-effect indicators reflect a thin line of difference : sometimes difficult to differentiate the cause from effect<br>
slide28. Therefore … preponderance of women and girls means it may not help to consider the notion of ‘trafficking in women’ within the context of ‘trafficking in person’
the gender neutral generalization although broadens the concept may prevent us from discovering specific features of trafficking in women and girls
a gendered perspective will reveal the specific ways in which women and girls experiences of trafficking are different from those of men and boys
situate in the context of women and girls as ‘Rights Holders’<br>
slide29. A gendered perspective on trafficking achieves change by: Acknowledging that both men and women are trafficked;
Addressing the shared and differed experiences undergone by women and men in trafficking with regards to their vulnerabilities, violations and consequences; and
Addressing the divergent impact policies have on men/boys and women/girls<br>
slide30. If gender inequities are socially conditioned…how can we change them at an individual and societal level in the direction of justice, equity and partnership between men and women?
Current initiatives/interventions/programmes face at least following three problems :
Lack of prevention initiatives that engage local governance
Lack of attention to change societal attitudes
Traditional vocational trainings have often not led to sustainable livelihoods in rural source areas<br>
slide31. Indian Penal Code Displaced from the community, which is tantamount to kidnapping/ abduction (Sections 361,
362, 365, 366 IPC may apply)
• Procured illegally (s. 366 A IPC)
• Sold by somebody (s. 372 IPC)
• Bought by somebody (s. 373 IPC)
• Imported from a foreign country (if she hails from a foreign country, or even from J&K State, and is under 21 years of age (s. 366 B IPC)
• Wrongfully restrained (s. 339 IPC)
• Wrongfully confined (s. 340 IPC)
• Physically tortured/injured (s. 327, 329 IPC)
• Subjected to criminal force (s. 350 IPC)
• Mentally tortured/harassed/assaulted (s. 351 IPC)
• Criminally intimidated (s. 506 IPC)
• Outraged of her modesty (s. 354 IPC)
• Raped/gang raped/repeatedly raped (s. 375 IPC)
• Subjected to perverse sexual exploitation (‘unnatural offences’) (s. 377 IPC)
• Defamed (s. 499 IPC)
• Subjected to unlawful compulsory labour (s. 374 IPC)
• Survivor of criminal conspiracy (s. 120 B IPC)<br>
slide32. Prevention Prevention at the demand point

Prevention at the transit area

Prevention at the source point<br>
slide33. GROUP WORK ROLE OF EWRs IN PREVENTION OF TRAFFICKING<br>
slide34. Prevention and Role of EWR Go back to source areas:
Evidence based research…data that is sensitive, comparable and appropriate
Strengthen Civil Registration System, child protection
Capacity development
Capacity building of local government functionaries
Build capacities of fellow ERs
Advocacy for change
Trafficking issues to be raised in Palli Sabhas/Gram Sabhas
Convergence of government programs
Using community resources to create Centres of action to prevent trafficking in source areas (e.g. common property resources, MGNREGA)
Committees as mandated under the Odisha PR Act
Gender responsive budgeting<br>
slide35. Women and Girls
Capacity to assess their own vulnerability to trafficking through self awareness and knowledge
Sustainable Livelihood options
Strong sense of empowerment (most at risk to trafficking in the community are encouraged to access micro credit services)

With Community based Anti trafficking task force

Vigilance, Effective surveillance and watch on suspects
Maintain a list of NGOs showing their expertise, specialization as well as contact address, telephone, e-mail, etc.
Identify the vulnerable persons/areas and focus attention on them. Empower them. Let this be a priority.
Pay special attention to the most vulnerable persons. This needs to be top priority.
Mount surveillance for suspects and look-out for victims
Public Awareness, legal awareness, information booths, temporary shelters
Anti trafficking and safe migration messages

With local justice systems (both formal and informal)
Nyaya panchayats
Nyaya Samitis<br>
slide36. Good Practice Prayas Bharti, an NGO based at Patna, was instrumental in
rehabilitation of a trafficked girl of 16 years, who was
lodged in jail for two years on the charge of ‘soliciting’. The
villagers refused to accept her back,‘branding’ her as
prostitute.

Prayas Bharti spent one full day with the entire villagers,
speaking to them, coaxing them, and finally convincing
them that the girl is a ‘victim of trafficking’ and a ‘child in
need of care and protection’. The commendable initiative
by this NGO helped in rehabilitation of the girl.<br>
slide37. Bhoruka Public Welfare Trust has done door-to-door-
survey of the vulnerability of women and children in
those areas which were trafficking-prone. After the survey,
the empowerment programmes which they initiated in
partnership with state government and state police
agencies have produced such encouraging results that they could ensure that the erstwhile trafficking-prone areas are now “sanitized” and are “trafficking- free”.<br>
slide38. Need for… Evidence based research…data that is sensitive, comparable and appropriate
Capacity development
Advocacy for policy change
Gender responsive budgeting<br>
slide39. Generate strategic information, knowledge and evidence for identifying gender structural causes to inform programming
Mainstream gender and trafficking concerns in national programmes e.g. MGNREGA
Develop capacity of right holders and duty bearers to address the gender related causes and consequences of trafficking
Enhance policy advocacy for effective convergence of programmes that accelerate the process of equalizing gender and power relations
Include and engage men and adolescent boys for a desired change in social attitudes and practices and empowerment of women<br>
slide40. Women’s and Girls’ vulnerabilities to trafficking are a result of unequal power relations between and among men and women in the society…


and we can CHANGE this…<br>
slide42. UN Women
South Asia Sub-regional Office
19-A Rajdoot Marg
Chanakyapuri
New Delhi 110021
Phone No. 011-26119120/28

anju.pandey@unwomen.org<br>