HUMAN TRAFFICKING

 

 

 

CANADA

 

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

 

279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

 

 

 

(a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

 

 

(b) to imprisonment for a term of not more than fourteen years in any other case.

Consent

 

(2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

Material benefit

 

279.02 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

Withholding or destroying documents

 

279.03 Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic.

Exploitation

 

279.04 For the purposes of sections 279.01 to 279.03, a person exploits another person if they

 

 

(a) cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service; or

 

 

(b) cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

 

 

 

What is human smuggling?

It's the illegal movement of people across international borders – usually for a great deal of money.

Canada and the United States share the world's longest undefended border, and it has many gaps where people try to sneak from one country into the other. Often, they have come from someplace else, stay in Canada briefly and then head south to the United States.

Sometimes, smugglers try to sneak migrants into Canada aboard cargo or fishing ships.

There have been several high-profile cases in recent years:

In another celebrated case, a group of Moldovan women posed as the Moldovan women's underwater hockey team, which was going to take part in the World Underwater Hockey Championships in Calgary in July 2002. They got to Canada but never showed up at the tournament. There was a similar incident two years earlier at the same tournament in Tasmania. That time it was the Moldovan men's team.

What is human trafficking?

Many have called human trafficking a modern form of slavery. According to the RCMP, trafficking in persons is a serious crime that involves:

The United Nations – in its Protocol to Prevent, Suppress and Punish Trafficking in Persons – defines it this way:

"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…"

As well, the UN protocol states that trafficking is a crime even if a person has given their consent to the exploitation.

The UN estimates that 700,000 people are victims of human traffickers around the world each year. The vast majority are women and children. The UN says the global market for human trafficking is worth about $10 billion a year.

The RCMP's Criminal Intelligence Directorate estimates that up to 2,200 people are trafficked from Canada into the United States each year. Canada is largely a destination and transit country for women who are trafficked for the purposes of exploitation. Most arrive from Asia, Latin America, Russia and Eastern Europe.

The issue of human trafficking began attracting substantial attention in the late 1990s as concerns grew over what was being called the "white slave trade" as large numbers of women from former communist-bloc states came to North America to work in the sex trade.

What is Canada doing about human trafficking?

On Nov. 25, 2005, the federal government passed legislation that strengthens sections of the Criminal Code dealing with human trafficking. The changes created three new offences that deal specifically with the issue:

Which agencies are policing trafficking/smuggling operations?

The RCMP's immigration and passport section employs 184 officers in more than a dozen areas across the country devoted to human trafficking/smuggling. About a third of the officers are based in Ontario.

The Mounties work with local and regional police forces in provinces where the RCMP is not responsible for local policing.

They also work with United States Customs and Border Protection and Interpol.

 

INTERNATIONAL NORMS

 

 

 

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime

Article 3
Use of terms

     For the purposes of this Protocol:

     (a)    “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;

     (b)     The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
     (c)     The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;

     (d)     “Child” shall mean any person under eighteen years of age.

 

 

UNITED STATES

The keystone of the U.S. government's response to modern day slavery is the Trafficking Victims Protection Act (TVPA), enacted into law in October 2000. Designed to intensify the fight against trafficking and increase penalties, the TVPA requires federal agencies to combat trafficking domestically and to work with other nations to address this problem internationally.

The President reaffirmed the administration's commitment to this issue when he signed the Trafficking Victims Protection Reauthorization Act in December 2003.

The TVPA declares trafficking to be a crime and calls on the U.S. government to prosecute and punish traffickers, protect and rehabilitate the victims, and prevent these criminal activities.

Victims of trafficking may apply for a T Visa if they are physically present in the U.S. on account of the trafficking, have complied with any reasonable request for assistance in the investigation or prosecution of the acts of trafficking, and would suffer extreme hardship involving unusual and severe harm upon removal from the U.S. Victims are entitled to privacy, physical protection, and other forms of assistance while their cases are prosecuted.

On December 16, 2002, President George W. Bush endorsed the goals of the TVPA by signing National Security Presidential Directive 22, in which he directs federal agencies to "strengthen their collective efforts, capabilities, and coordination to support the policy to combat trafficking in persons." This directive also identifies prostitution as inherently harmful to women.

To confront the evil of sex tourism, especially involving children, in 2003, the U.S. Congress passed the "Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act." Under the "PROTECT Act," it is now a crime for any person to enter the United States, or for a U.S. citizen or lawful permanent resident to travel abroad, to sexually abuse children.

The President's Interagency Task Force oversees U.S. anti-trafficking policies and programs. The Task Force is chaired by the Secretary of State and its directives are implemented by the Senior Policy Operating Group, which consists of high-ranking federal government officials from ten agencies and departments. The task force and the operating group ensure that all aspects of the fight against trafficking are addressed by the appropriate government agencies