Summary
Learning Objective
Learning objectives
  • Understand what “trafficking in persons” is, the elements of the crime and what makes migrants vulnerable to trafficking
  • Understand the “4Ps” approach to address trafficking in persons
  • Know the role of origin, transit, and destination States in preventing human trafficking
  • Understand States’ obligations to protect and assist migrants who have fallen victim to trafficking, and their specific obligations in the case of children
  • Know State approaches to criminalizing trafficking in persons
  • Understand the importance of international, regional, bilateral, and national partnerships to address trafficking in persons in the context of migration
Introduction
Trafficking in persons in the context of migration

The phenomenon of trafficking in persons – also called human trafficking – has occurred for centuries. Trafficking in persons results in the exploitation of boys, girls, men, women and non-binary persons within their own countries or across international borders. Through deception, coercion, threats (physical or psychological) or debt bondage, victims of human trafficking can become trapped in exploitative situations.

For over one hundred years, international treaties have been grappling with the concepts of slavery, human trafficking and forced labour. Finally, in 2000, the international community arrived at a definition of the crime of human trafficking, with the entry into force of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol), supplementing the United Nations Transnational Organized Crime Convention (UNTOC). 

Article / Quotes
Trafficking in persons

“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"

Source

Trafficking Protocol, article 3(a).

As can be seen from this definition, three elements must be present to constitute the crime of trafficking: an act of the trafficker, by particular means, for the purpose of exploitation. However, if the victim is a child, trafficking in person is established with only an “act” and exploitative “purpose”; in that instance, the “means” element is not required (article 3[c]).

Image / Video
Table 1. The elements of the crime of trafficking in persons

The purpose of human trafficking is the victim’s exploitation.

 
Glossary

While the term “exploitation” is not defined in the Trafficking Protocol, some of the examples listed there are defined elsewhere in international law, as explained in the following table.

Table
Table 2. Types of exploitation defined in international instruments
SOURCE IN INTERNATIONAL LAW DEFINITION
1930 International Labour Organization (ILO) Forced Labour Convention (No. 29)  Forced labour is “all work or service which is exacted from any person under the menace of penalty and for which the person has not offered herself/himself voluntarily”. 
1926 Convention to Suppress the Slave Trade and Slavery  Slavery is “the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.”
1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery 

Practices similar to slavery:

  • Debt bondage is “the status or condition arising from a pledge by a debtor of his [or her] personal services or of those of a person under his [or her] control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined.” (article 1[a]). 
  • Serfdom is “the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his [or her] status.” (article 1[b]).
  • Any institution or practice (article 1[c]) whereby “(i) A woman, without the right to refuse, is promised or given in marriage on payment of a consideration in money or kind to her parents, guardian, family or any other person or group; or (ii) The husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise; or (iii) A woman on the death of her husband is liable to be inherited by another person.” 
  • Sale of children for exploitation, whereby the parents or guardians of a child allow a third party to exploit the child’s labour (article 1[d]).
The importance of addressing trafficking in persons in the context of migration

Trafficking victims are most often detected if an international border has been crossed. Identified survivors frequently include migrant workers, refugees, asylum seekers and internally displaced persons. Data from around the world suggest that nearly every country is affected by human trafficking, whether as a country of origin, transit or destination, through internal trafficking or a combination of these (UNODC, 2018d).

Trafficking in persons is a human rights violation. Victims of trafficking can suffer from long-term and irreparable harm. Evidence indicates that human trafficking has resulted in physical injuries and disabilities, mental health problems, sexual and reproductive health problems, financial loss, social stigma, legal problems and sometimes death.

The involvement of an organized criminal group – in some cases at a transnational level – undermines State security, because such groups take advantage of deficient or fragile frameworks and institutions, allowing violence and corruption to flourish.

Image / Video
Source

IOM, 2018

Key data sources

As human trafficking is a clandestine and underreported activity, the collection of data on it is uneven and problematic. Poor understanding of the definition of human trafficking has resulted in States collecting and disaggregating data in different ways.

There are currently no reliable global or regional estimates of how common human trafficking is. National estimates have been produced in several countries, but they are also based on modelling of existing administrative data from identified cases and should therefore only be considered as baseline estimates. Producing estimates of the number of cases of trafficking based on the collection of new primary data for example, through surveys has been difficult. This is due to traffickings complicated definition and the ethical challenges of addressing sensitive questions to household survey respondents.

National data sources
  • Administrative data, including immigration-related data, criminal justice records and case management data collected by government and non-government actors involved in service delivery that can offer policymakers insight into the demographics of victims and perpetrators and the types of services trafficked persons require.
  • Survey data, collected through research conducted by government agencies, academics, NGOs, international organizations or even private sector actors through a range of methods (including in-person or remote interviews or group discussions), to research particular aspects of trafficking, can inform policymakers of specific aspects of trafficking and responses to it, as a basis for better calibrating responses.
  • Innovative data sources, including the use of information communications technology (ICT) and big data, may be used to determine, for example, which areas of a given country are at risk of trafficking, helping policymakers to determine where preventative efforts should be undertaken.
International data sources
  • Global Report on Trafficking in Persons 2018 (UNODC, 2018d). Based on surveys of governments and official information available in the public domain, verified by national governments. Can be used by policymakers to better understand trends and patterns in trafficking, including trafficking routes that are relevant to them.
  • The Counter-Trafficking Data Collaborative (CTDC) is a global data hub bringing together data from case management files and trafficking hotline logs from around the world, as well as IOM case data. It provides up-to-date data that can be used to infer trends, analyse profiles and types of trafficking and inform policy priorities.
  • Global Migration Data Portal. Managed and developed by the IOM Global Migration Data Analysis Centre (GMDAC), the portal includes information on data challenges, estimates and recent trends regarding the trafficking of migrants.
  • The IOM Displacement Tracking Matrix (DTM) tracks displacement and large-scale migration flows. In some countries and along key migration routes such as the Central Mediterranean route to Europe and those taken by Venezuelan migrants in South and Central America, DTM surveys include questions relevant to human trafficking and associated forms of exploitation. DTM also collects data relevant to human trafficking in internal displacement contexts. Data collected as part of DTM operations can be used to produce reports on predictive factors of human trafficking and exploitation on migration routes, as well as on the vulnerability of migrants, IDPs, and receiving communities to human trafficking, abuse and exploitation.
  • Global Estimates of Modern Slavery: Forced Labour and Forced Marriage. This is a global estimate of the prevalence of some of the types of exploitation, namely forced labour and forced marriage. It is produced by the International Labour Organization (ILO), Walk Free Foundation (WFF) in collaboration with IOM. In the absence of global estimates on the number of cases of trafficking in persons, this resource remains a useful estimate to determine and prioritize areas for preventative action, but it does not represent the whole phenomenon. The 2017 report estimates that 40 million people were victims of modern slavery in any given day in 2016.
  • The Trafficking in Persons Report is released annually by the United States Department of State’s Office to Monitor and Combat Trafficking in Persons. It ranks countries according to the State Department’s perception of the effort made by that country’s government to comply with minimum standards set out in the counter-trafficking law of the United States. It also offers specific recommendations to national stakeholders towards strengthening each countries response to trafficking in persons.

Read more on Data collection, analysis and research on trafficking in persons

International instruments, initiatives and dialogues
International law and principles

The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (Trafficking Protocol) supplementing the United Nations Convention against Transnational Organized Crime (UNTOC) aims to prevent and combat trafficking in persons, to protect and assist victims of trafficking especially women and children, and promote cooperation to that end. The Trafficking Protocol currently has 178 States Parties. As the Guardian of the UNTOC, the United Nations Office on Drugs and Crimes (UNODC) assist State parties to adopt legislation to capture criminal offences addressed by the Convention, to establish frameworks for mutual legal assistance and extradition, and foster law enforcement cooperation.

Its provisions provide a helpful framework for all States, whether they are parties to the Protocol or not, to effectively address the crime of Trafficking. This chapter is built on the operationalization of this protocol as a basis for prevention, prosecution, protection of migrants and partnership to address the issue of trafficking in persons. Article 14(1) of the Trafficking Protocol clearly states that the Protocol must be read in line with international human rights law, making existing human rights obligations serve as a baseline for its implementation.

List
Global Instruments

Note: This list is not exhaustive

The Protocol has been criticized for making compromises in the protection of victims’ rights: specifically, for not creating new rights and for being cautious in obliging States to offer special protections to victims of trafficking. However, good practice approaches to counter-trafficking are widely recognized as being rights based. To assist States in navigating the human rights principles that are relevant in addressing human trafficking, the Office of the High Commissioner of Human Rights (OHCHR) has issued Recommended principles and guidelines on human rights and human trafficking (OHCHR, 2010). The document represents good practice standards, and emphasizes that human rights should be at the centre of all counter-trafficking efforts, indicating for example that States have a responsibility to:

  • Act with due diligence to prevent trafficking
  • Investigate and prosecute traffickers and assist and protect victims;

Ensure that counter-trafficking measures do not adversely affect the rights and dignity of persons including migrants (OHCHR, 2010: 1).

Regional Intruments 

Regional Instruments

Note: This list is not exhaustive

Initiatives and commitments

2030 Agenda for Sustainable Development

Human trafficking is specifically targeted in three of the goals: goal 5 (gender equality); goal 8 (decent work and economic growth) and goal 16 (peace, justice and strong institutions).

 
SDG
SDGs relevant to Trafficking in Persons
  • TARGET 5.2

    Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.
  • TARGET 8.7         

    Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms.
  • TARGET 16.2

    End abuse, exploitation, trafficking and all forms of violence and torture against children.

Note: This list is not exhaustive. 

 
Policy Approaches
Pursuit of Targets 5.2, 8.7, and 16.2 involves specific actions
  • Elaborate policies and facilitate partnerships at local, national, regional and international levels to strengthen and align legal and policy frameworks;on trafficking in persons.

  • Undertake strategic planning to explore opportunities for national collaboration and to define national priorities on combating trafficking in persons. 

  • Identify strategic counter-trafficking partners at local, national, regional and international levels to strengthen cooperation and coordination to identify causes of and to prevent trafficking in persons.

  • Ratify and implement relevant law, including human rights and labour standards, in compliance with international law and standards, and raise awareness among legal practitioners of the legal framework that can be brought to bear in approaching trafficking in persons.  

  • Develop identification and assistance mechanisms that are specifically tailored to identifying and assisting children who are trafficked or otherwise exploited. 

  • Facilitate collection and analysis of human trafficking data to inform policies and programmes at the local, national, regional and international level, to strengthen the knowledgebase on trafficking in persons along trafficking routes. 

Sustainable Development Goals also encourage gender- and age-sensitive approaches to counter-trafficking, signalling to States the need to focus on certain types of exploitation that women and girls, as well as men and boys, may be particularly vulnerable to. For example, exploitation in the sex industry and in domestic work particularly affects women and girls, while the victims of trafficking into fishing and mining industries are more often men and boys.

To Go Further

 The Global Compact for Safe, Orderly and Regular Migration

On 10 December 2018, 164 countries affirmed their commitment to the Global Compact for Safe, Orderly and Regular Migration. The Global Compact for Migration is a multilaterally-negotiated, non-binding agreement to comprehensively address the challenges and dimensions of international migration. It is a significant achievement towards shared responsibility to protect migrants – including from human trafficking – and supporting the countries which receive them.

 
GCM
GCM objectives relevant to Trafficking in Persons
  • OBJECTIVE 5
    Enhance availability and flexibility of pathways for regular migration
  • OBJECTIVE 6
    Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work 
  • OBJECTIVE 7
    Address and reduce vulnerabilities in migration 
  • OBJECTIVE 9
    Strengthen the transnational response to smuggling of migrants
  • OBJECTIVE 10
    Prevent,combat and eradicate trafficking in persons in the context of international migration. 
  • OBJECTIVE 11
    Manage the border in an integrated, secure and coordinated manner 

Note: This list is not exhaustive. 

The Global Plan of Action to Combat Trafficking in Persons 

States collaborate around efforts to combat transnational trafficking at the international and regional level, including through the 2010 United Nations Global Plan of Action to Combat Trafficking in Persons. This plan translates political commitments made under the Trafficking Protocol into tangible actions to: 

  1. Prevent trafficking in persons; 
  2. Protect and assist victims; 
  3. Prosecute traffickers; 
  4. Strengthen partnerships against trafficking in persons.  

This approach has been described as the “4Ps” approach to counter-trafficking. The commitment to take action set out in the Global Plan was reiterated with the 2017 Political Declaration on the Implementation of the United Nations Global Plan of Action to Combat Trafficking in Persons

 
List

Regional Initiatives and Commitments

States have also come together to address trafficking in persons at the regional level. Collaborative efforts in some regions include:

Regional initiatives

Note: This list is not exhaustive. 

 

 
Inter-State policy dialogues

Inter-State policy dialogues on migration, including regional consultative processes, bring participating States together in an informal, non-binding way to promote dialogue on common interests, share experiences and best practices, exchange information and put in motion plans of action and common strategies on particular issues, including human trafficking. Examples of fora that specifically target trafficking include: 

Good Practice
Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime

The Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (the Bali Process) is a forum for policy dialogue, information sharing and practical cooperation. It provides mechanisms for its 45 Member States and 4 international organization members to convene for counter-trafficking policy dialogue. The Working Group on Trafficking Persons brings together a network of experts on trafficking in persons from 15 States and three international organizations to share information and best practices and to identify opportunities for international cooperation and capacity-building in responding to trafficking in persons. The Working Group on Disruption of Criminal Networks Involved in People Smuggling and Trafficking in Persons focuses on concrete, action-oriented activities for enhancing coordination to disrupt and dismantle criminal networks involved in people smuggling and trafficking in persons in the Asia–Pacific region, bringing together officials involved in law enforcement and border control from 15 countries.