Turning the Tide: Preventing violence against PWA

Written by: Regina Paulose

“The cruelty to and murder of African albinos has not been as widely publicized in our popular media. It should. There’s nothing more abhorrent, nothing more evil than the use of a human soul to expiate some evil spirit; nothing worse than to inflict repeated, continuous pain to a child whose only sin is having been born with a minor genetic variation.”1 Continue reading

The Rohingya Revisited

Written by:  Regina Paulose

Nearly a year ago, I wrote an article outlining reasons why the ICC should take action in Myanmar (also known as Burma) in order to stop continued religious and ethnic violence towards the Rohingya. During 2013, not surprisingly, the anti-Muslim violence in Myanmar has continued.[1] In fact, violence has spread beyond targeting the Rohingya and against the larger Muslim population.[2] Although the majority displaced from the violence are still the Rohingya. Continue reading

Children as Victims of Trafficking in India

Written by Garima Tiwari

sctnow india-child-labour_1570360i

( http://www.glogster.com and http://www.gandhiforchildren.org)

The recent case of an Indian new-born baby allegedly sold for 800,000 rupees ($ 14,750) over Facebook, opened up many questions on the prevalence and working of child trafficking racket in the country. The boy, born in a hospital in Ludhiana in the northern state of Punjab, was sold twice before the deal on the social networking site. The infant’s grandfather allegedly first snatched the child from his own daughter, telling her he had been stillborn, to sell him to a nurse for 45,000 rupees. The nurse, in turn, reportedly sold the baby for 300,000 rupees to a hospital lab assistant. The infant was then allegedly put up for sale on Facebook by the lab assistant, and a businessman from New Delhi is accused of offering 800,000 rupees for him after seeing photographs. The police raided the businessman’s house and recovered the child. They also arrested five people including the grandfather and another man accused of facilitating the deals. Tens of thousands of children in India are thought to be trafficked every year, some for adoption but also many for bonded labour, begging or sexual exploitation.[i] That is hardly the experience of most parents. Since 2007, when the exposure of a serial killer in Nithari, on the outskirts of New Delhi, revealed that local police had ignored parents’ pleas that their children had disappeared, evidence has piled up showing that officials continue to disregard complaints of missing children.[ii]

Many, many such incidents are repeatedly reported with multitude of reasons for trafficking and sad implications. Take for example, Smita a sixteen year old girl was taken from her village in Jharkhand, India and subjected to various forms of sexual abuse and exploitation at the hand of her employers including rape. When rescued her parents refused to take her back since she had been tainted by rape. Falling sex ratios in Haryana and Punjab has led to a need for trafficking of brides from villages in Orissa, Jharkhand, Bihar, Assam and West Bengal, who have been sold off by the parents. Jyoti, age fourteen, was sold and married to a 40-year old man for Rs 15,000 in order to produce a mail heir[iii]

This post highlights the need for urgent action by the authorities to fight child trafficking in India. A huge number of children from a place called Tarai in Nepal are trafficked to India everyday and they fall victims to child labor. Approximately 90,000 children went missing in India in 2011 alone. Nearly half of these cases remain unsolved. Thus, while there is movement of children through procurement and sale from one country to another, with India being both a supplier as well as a “consumer”, there is internal “movement” of children within the country itself – one town to another, one district to another and one state to another. It is undertaken in an organised manner, by organised syndicates or by individuals, and sometimes informal groups. Relatives and parents are part of this as well.[iv] Children as young as 5 years are sold to traffickers by their parents who are in need of money and brought to India.  These children are trafficked to various parts of India like Delhi, Mumbai and Kolkata and are made to work in cloth factories, have to stitch bags and perform various hazardous and odd jobs. [v] In 2012 about 250 Nepali children were rescued from the India-Nepal border. There are number of unregistered orphanages in Nepal which are trafficking children to different parts of the world and Indian human rights activists speculate that there are thousands of Nepali children who work in India. In March 2013, 38 tribal children, including 32 minors were rescued who were being taken by train for bonded labor. [vi]Their parents were given an advance amount of Rs 1,000 for a bonded labour of 40 days for the children, to work at the under construction site of railway tracks in Nagpur in India. The agents involved in trafficking usually give these minor girls the look of a married woman so that they are not easily caught. The boys were to be paid a daily wage of Rs 160 and girls Rs 150.

The chart below shows some of the methods of trafficking:

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Chart taken from the Manual For Social Workers : Dealing with child victims of trafficking and commercial sex exploitation[vii]

The Indian Constitution under Article 23 specifically prohibits human trafficking, asserting that all citizens have the right to be protected from exploitation. Article 36 of the Convention on the Rights of the Child provides for protection of children from exploitation and physical and psychological recovery and article 39 of the CRC provides for the social reintegration of child victims of exploitation. In India, various laws like Juvenile Justice (Care and Protection) Act of 2000 (JJA), Immoral Traffic (Prevention) Act of 1956 (ITPA) amended in 1986, and the like, are providing support, care, and protection to these children in various State Homes across the country.

In June 2011, India ratified the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplemented the 2000 UN Convention Against Transnational Organised Crime. India’s response to the problem of trafficking has been considerably influenced by its Trafficking in Person (TIP )Report rankings. The definition of trafficking under the UN TIP Protocol is the “recruitment, transportation, transfer, harbouring or receipt of persons” by using “force[,] . . . coercion, abduction, fraud, [and] deception” to control and exploit another person, including, but not limited to, sex exploitation.Between 2001 and 2003, India figured in Tier Two of the TIP Report before being demoted to the Tier Two Watch List. It was only in May 2011 when India ratified the UN Protocol that it made its way once again into the Tier Two List. India’s response to the trafficking problem in terms of abolishing trafficking isn’t unique in the sub-continent. Indeed, the 2002 SAARC Convention on Preventing and Combating Trafficking in Women and Children defines trafficking as sex trafficking following a 1949 UN Convention, rather than the 2000 UN Protocol.[viii]

While India has ratified the UN Convention for the Suppression of the Trafficking in Persons, without reservation, and enacted ITPA in response showing its intention to fight trafficking, Section 7 of the said act which penalizes those who prostitute in or near public places, and Section 8, which penalizes the solicitation of sex, both of which have in practice justified the police’s arrest and imprisonment of trafficked women who have been forced into prostitution and who have no knowledge or control over the brothel’s proximity to public places. Amending the law to exclude Sections 7 and 8 would decriminalize the activities of trafficking victims who are forced to solicit for sex. In 2006, a bill to amend the ITPA was proposed by India’s Ministry of Women and Child Development, which would decriminalize prostitution and instead would penalize prostitutes’ clients. The law currently contains provisions that penalize brothel owners, managers, and traffickers. The Ministry of Home Affairs also set up specialized police units in major Indian cities in 2011 with the sole task of investigating sex trafficking cases and arresting traffickers and brothel owners and managers. These police officers were specially trained and sensitized to understand how trafficking rings operate. However, the police lack the resources to investigate and make arrests on every trafficking case. [ix] Even after arrest the judicial process is so slow that while one is being put under trial, the whole trafficking ring keeps flourishing.

The recent Criminal Law Amendment Act, 2013 recognises trafficking as an offence in the Section 370 of the Indian Penal Code . This is on the similar lines as the Palermo Protocol, also ratified by India in May 2011, following a Supreme Court judgement defining trafficking in a public interest litigation (PIL) field by Bachpan Bachao Andolan in 2011. The bill targets the entire process that leads to trafficking of a person and also makes the employment of a trafficked person and subsequent sexual exploitation a specific offence under Section 370 A.[x] While the old section 370 of Indian Penal Code dealt with only buying or disposing of any person as a slave the new section will take in its purview buying or disposing of any person for various kinds of exploitation including slavery. This provision includes organ trade as well. As the explanation further clarifies “exploitation” would also include prostitution. This is in addition to the ITP Act, 1956. The new section also ensures that persons involved at each and every stage of trafficking chain are brought within the criminal justice system.Also by specifically including that if a person is brought with his/her consent, where such consent is obtained through force, coercion, fraud, deception or under abuse of power, the same will amount to trafficking, the law has been substantially strengthened. This will cover all situations where girls who happen to be major are duped with promises of marriage and willingly accompany the traffickers who exploit them in various ways. While earlier no specific offence was made out for the mere bringing of the girl in question now that too is criminalized.  It has also been specifically added in the provision that consent of the victim is immaterial for the determination of the offence.The new section also differentiates the instances of trafficking major persons from minor persons. This differentiation is brought about by providing separate penalty for each with higher minimum sentence for trafficking minor persons.In addition the section also provides for enhanced punishment for repeated offender as well as where the offender traffics more than one person at the same time. By providing that trafficking in minor persons on a repeated conviction will attract imprisonment for life (meaning the remaining natural life) the law has been substantially changed.[xi] This will surely act as a big deterrent. Involvement of a public servant including a police officer shall entitle him to life imprisonment which shall mean the remaining natural life.[xii] Addition of the section 370 A further adds strength to trafficking related law by criminalizing employment of a trafficked (major/minor) person. A person who has even reason to believe or apprehension that the minor/major person employed by them has been trafficked will make them criminally liable. This places a huge responsibility on the employers who were till now, let off easily under the not so strict provisions of the child labour laws and juvenile related laws.  Here also a higher minimum prison term is prescribed where a minor person is involved. Also important is the fact that irrespective of age of the person employed, simply employing a trafficked person is an offence. This provision will go a long way in ensuring that people verify the antecedents of the placement agencies as also get the police verification of the persons employed. This will also aide in curbing the huge demand for labour who are victims of unsafe migration.[xiii]

The enactment of the law on paper with no real training and support to the functionaries would be futile and therefore, what is needed now is “actual”, “planned” and “effective” implementation. Involving the community participation in the whole implementation process would create a greater impact. The procedures and technicalities should not reduce the ambitious legislations to empty words, because at stake here are the children- the future of the nation.

(For those who want to get a deeper understand of the brutality of the child trafficking rackets I recommend the movie recently screened at the Cannes Film Festival on May 22 titled: “Oass- The Dew Drop”, which is inspired by a real-life story of abduction of an 11-year-old Nepalese girl who is sold to a brothel in Delhi by her aunt. (http://www.youtube.com/user/OassTheFilm))


[i] Police Rescue Indian baby allegedly sold on facebook, April 24, 2013 available at http://www.thehindubusinessline.com/news/police-rescue-indian-baby-allegedly-sold-on-facebook/article4650168.ece

[ii] Jason Overdorf, Indian Chilld Trafficking on the Rise, May 5, 2013 available at http://www.salon.com/2013/05/05/child_trafficking_in_india_on_the_rise_partner/

[iv] Child Trafficking in India available at http://www.haqcrc.org/publications/child-trafficking-india

[v] Darker Side of India: Child Trafficking on the Rise,27th March 2013, available at  http://www.siliconindia.com/news/general/Darker-Side-of-India-Child-Trafficking-on-the-Rise-nid-144134-cid-1.html

[vi] Rashmi Drolia,Child Trafficking: 38 Children Rescued from Railway Station, 15th March 2013,available at  http://articles.timesofindia.indiatimes.com/2013-03-15/raipur/37744973_1_railway-station-tribal-children-needy-children

[viii] Prabha Kotiswaran, India has to rethink human trafficking, The Hindu Business Line, march 27th 2012, available at http://www.thehindubusinessline.com/opinion/india-has-to-rethink-human-trafficking/article3251458.ece

[ix] Anusree Garg, Anti Trafficking Legislation Inadequately Combatting Sex Trafficking in India, March 2013, The Human Rights Brief, available at The Human Rights Brief, http://hrbrief.org/2013/03/anti-trafficking-legislation-inadequately-combating-sex-trafficking-in-india/

[x] India Prohibits All forms of Trafficking, March 21st, 2013, Bachpan Bachao Andolan available at http://www.bba.org.in/news/210313.php

[xiii] Ibid

A New Frontier: Community Prosecution and Human Trafficking

Written by: Regina Paulose

One of the greatest challenges in combatting human trafficking is developing holistic solutions that truly prevent and eradicate this crime in all of its forms. As discussed by the A CONTRARIO team this month, human trafficking represents a multi-billion dollar industry in which hundreds of thousands of people become victims to this brutal slave trade.

Top down approaches implemented by governments in the status quo are not adequate enough. Prosecution of this particular crime has proven particularly difficult.[1]  A recent report indicates that “additional proactive approaches (e.g., expanding outreach to additional law enforcement agencies and nongovernmental organizations and pursuing multijurisdictional and international trafficking investigations and prosecutions), requiring strategic collaboration among agencies, to enhance agency efforts to investigate and prosecute these crimes” is needed.[2]

One approach that could prove useful to the global community, is utilizing a new paradigm, such as community prosecution. Community prosecution allows all stakeholders : the general community, civic organizations, faith communities, and business people to contribute to the wellbeing of their communities. It allows these groups to shape policy and discuss preventative strategies that law enforcement and prosecutors can employ. Community prosecution shifts the prosecutorial paradigm from looking at cases as statistics and applying formulaic approaches and instead weaves the philosophy of deterrence and punishment in a proactive and collaborative manner. It promotes four key principles: (1) recognizing the community’s role in public safety (2) engaging in proactive problem solving (3) establishing and maintaining partnerships and (4) evaluating activities in the community.[3] The strategies employed depend on the needs of that specific locality.[4]   Community prosecution is restorative justice. Its true beauty  lies in the fact that there is “no self-defining vision or unitary meaning inherent to the concept of community prosecution.”[5]  It is not a one size fits all solution.

How can community prosecution combat global human trafficking? People become prey to human traffickers because of various “push-pull” factors. A “push” factor that is commonly discussed is that people become susceptible to trafficking because of dire economic circumstances/impoverishment. Therefore, the accompanying “pull” factor that is used is the promise of gainful employment or better opportunities in another country. Under a community prosecution paradigm, prosecutors and law enforcement would educate their assigned localities regarding human trafficking and encourage reporting of poor labor conditions, sexual violence, and prostitution.  In addition, prosecutors, the community, and law enforcement would come up with particular programs to address this problem in their localities. These methods are of course, fused with the regular prosecution of individuals who commit crimes. It therefore prevents the legal system from applying band aid solutions. 

A method like community prosecution also serves to enhance the rule of law. It undermines corrupt governments who profit from human trafficking and it weakens organized criminal groups who ruin the very fabric of society and the rule of law. Idealistically, it creates society where no criminal is given a safe haven for their crimes. It also creates reforms in many places in need of a strong rule of law because the public actively participates. It gives people a voice and gives people  power in becoming part of a solution.

If the movement in combatting human trafficking is to gain more momentum, it is necessary for prosecutors to have a more dynamic role within  the community. The function of a prosecutor should not be to serve as a wizard behind a curtain (inaccessible to the public) but to champion justice, to promote and aid in dispensing the rule of law, and to work with law enforcement in deterring crime for the safety of the community.


[1] Ellie Bogue, Human Traffickers Tough to Prosecute, (may 7, 2011), available at: http://www.news-sentinel.com/apps/pbcs.dll/article?AID=/20110507/NEWS/105070327. See also ICF International, Prosecuting Human Trafficking Cases: Lessons Learned and Promising Practices, Executive Summary, June 30, 2008, viii, available at: https://www.ncjrs.gov/pdffiles1/nij/grants/223972.pdf
[2] GAO, HUMAN TRAFFICKING A Strategic Framework Could Help Enhance the Interagency Collaboration Needed to Effectively Combat Trafficking Crimes, GAO -07-917,  33,34, (July 2007), available at: http://www.gao.gov/assets/270/264645.pdf
[3] National District Attorneys Association, National Center for Community Prosecution, available at: http://www.ndaa.org/nccp_home.html
[4] Goldcamp, Irons-Guynn, and Weiland, Community Prosecution Strategies: Measuring Impact” Bureau of Justice Assistance Bulletin, 6, (November 2002) available at: https://www.ncjrs.gov/pdffiles1/bja/192826.pdf
[5] Anthony Alfieri, Community Prosecutors, 90 Cal. L. Rev. 1465, 1476 (2002), citing Anthony C. Thompson, It Takes a Community to Prosecute, 77 NOTRE DAMEL. REV. 321,324 (2002), who also argues that the lack of structure also creates a problem because there is no unifying vision.

An Overview of the Italian Response to Child Trafficking

Written by: Noemi Fantoni [1]**

All forms of trafficking in human beings including sexual exploitation of children are universally prohibited.  In order to comply with its international obligations, Italy introduced a number of changes in its criminal legislation, so that it continued to protect the principle of the “best interest of the child.” The offence of sexual exploitation of children was introduced into the Italian Criminal Code only in 1996, by art.609-bis of the Law No. 66 which punishes violent behavior against children. Subsequent legislation was passed again in 1998 which prohibited sex tourism and juvenile prostitution.[2] It was, however, only in 2003 that Law No. 228/2003 on Measures against Trafficking Persons (also called Anti-Trafficking Law) was amended as to include a specific provision of the offence of sexual exploitation of children. This was in order to ensure compliance of the Italian legislation with the treaties and other regional and international obligations that Italy submitted to.   

So what does the Italian legislation aim to accomplish with regards to trafficking of minors? Article 18 of the Immigration Consolidation Act requires creation of a Social Assistance and Integration Programme, which took more than 2 years to bring into existence.  Currently the Programme also serves to penalize the crime of trafficking by using the trafficking definitions found in the Palermo Protocol. All the measures which form the Programme are managed by the Inter-ministerial Committee. The Programme provides several tools, such as:[3] a free Help-line (a national hotline against trafficking) and the “Voluntary Repatriation Programme” which is run by the Italian branch of the International Organisation for Migration (IOM) in collaboration with the Ministry of Interior which provides programs for temporary assistance and long term social protection.[4]

The main objectives of the free Help-line are to provide detailed information on legislation and services granted to trafficked persons in Italy and, upon request, refer them to the specialised anti- trafficking (THB) agencies. In most cases, the territorial branches of the free Help-line are managed by the same NGOs and public institutions responsible for the implementation of projects funded within the Article 18 Programme. Information is provided in the various languages spoken by the target groups and it is free and active 24 hours since January 2007. The hotline provides assistance and information not only to victim of THB for sexual exploitation but also to victims of trafficking for the purpose of labour exploitation.[5]

All local branches provide information in various languages on several issues (immigration law, social and health services, programme of social assistance and integration, etc.); provide psychological support; provide legal advice; assess if the conditions for the application of the Article 18 procedures are in place; provide information about the available accommodation solutions; and place or refer victims to the accredited Article 18 agency located in the geographical area where the victim resides.

Another instrument which has aided Italy in combatting child trafficking is the Osservatorio Nazionale Tratta,[6] an Italian online portal which offers information on various aspects of the THB phenomenon. The portal was established by Department of Equal Opportunity within the European Equal-Project Observation and Resource Centre for THB, coordinated by the Association on the Road in partnership with other NGOs and governmental bodies. The portal is the most updated secondary source on THB issues within Italy (SIRIT – Sistema Informatizzato di Raccolta Informazioni sulla Tratta), where it is possible to complete individual courses for victims accepted under social protection under Article 18 or Article 13 of the Anti-Trafficking Law but its access is restricted. It gathers national statistical data from different institutions and offers an overview of the national and international legal framework against trafficking for monitoring and analyzing this phenomenon.[7]  This is connected with the Anti-Mafia National Direction (Direzione Nazionale Anti-Mafia – DNA) and its local Districts (Direzioni Distrettuali Antimafia  – DDA) which specifically concerns itself with of all crimes in Articles 600 and 601 of the Criminal Code (slavery, servitude, trafficking).[8]

In the last decade, several awareness-raising campaigns have been run in collaboration with the General Directorate of the Italian Cooperation for Progress of the Ministry of Foreign Affairs, together with the Department of Rights and Equal Opportunities[9] and with some of the most relevant Italian NGOs. The direct participation of children in awareness-raising efforts is considered particularly relevant by the government, civil society, and NGOs fighting child trafficking.[10] Moreover, the Department for Rights and Equal Opportunities collects some key information on victims of trafficking through project reports that organisations and local authorities send to the Department every six months and on an annual basis.

In fact, the Department for Equal Opportunities every year calls upon the public for project proposals to provide and guarantee proper assistance and protection to trafficked persons. From 2000 to 2010, Department for Equal Opportunities helped to fund a total of 710 projects, in all the Italian regions (out of them 613 long term projects were financed under Article 18 and 97 short term projects under the Anti-Trafficking Law).[11]

In 2010 the Department for Equal Opportunities started to work for the implementation and set up of a National Action Plan, although it became into force only a year after.  The Plan analyzed the specific needs of trafficked/exploited children; it has a gender based approach, has cross-cutting issues to the national strategy to be developed and including minimum standards for protection and standard operating procedure for the referral of victims to the proper service providers. Nevertheless until now the Italian government has not yet appointed a National Rapporteur or equivalent mechanism. The technical board, called the Observatory and National Resource Centre on Trafficking in Human Beings, has the purpose of designing new tools and knowledge and monitoring systems on the different forms of exploitation linked to trafficking, proposing at the same time, liaison tools for different kinds of organisations working at different levels for the protection of trafficked persons and working in combating the phenomenon, for the purpose of influencing  positive policies and interventions in the sector.

Incorporating both short term and long term strategies, the Anti-Trafficking Law provides victims with three to six months of assistance while Article 18 guarantees victims shelter benefits for one year, subject to judicial review. As a matter of fact the law does not specify how often a permit can be renewed, and so it can technically be renewed until the child has reached the age of 18. Article 18[12] grants a special residence permit to foreigners, whatever their age, who are presumed to have been victims of violence or severe exploitation, whose life is at risk as a result of their desire either to escape from the control of criminal organisations or to cooperate with police and prosecutors. A residence permit may be granted without the victim reporting the traffickers, because exploitation and the associated danger for the victim are a sufficient condition for it to be obtained. Foreign child victims of trafficking receive an automatic residence permit until they reach 18 years old. The Italian legal system does not allow the deportation of foreign children below the age of 18, unless the minor constitutes a danger for public or a danger to state security.[13] A similar provision has been recently enacted for unaccompanied minors who are EU citizens.

In the end these victims receive a residence permit for education or for work, allowing them to remain in Italy.[14] The persons (including children) who are part of this Programme benefit from social services, educational provisions, and labour information in order to find a permanent job, while the Anti-Trafficking Law establishes a special aid programme granting on a temporary basis suitable accommodation and food and healthcare.

While the legislation in Italy is multidimensional (it also includes provisions for prosecutions, etc), focusing on the needs of victims and creating preventative efforts, allows for the Italian local communities to engage in combatting this crime, in addition to protecting vulnerable youth, who at times, against their own will, are far away from home.  The world has a responsibility to help those who cannot help themselves and because of their vulnerabilities are targeted so that criminals can make a profit.


[1] Noemi Fantoni is a graduate of the University of Torino (LLM) in 2012 and is currently a trainee with the European Union Parliament in Civil Liberties and Justice Unit. Noemi has worked with various NGO’s relating to child rights, most recently in Mongolia with Amici dei Bambini. She can be reached at noemi.fantoni@gmail.com for more information regarding Italian Child Trafficking laws.

** Unless otherwise noted, the author has translated the laws from Italian into English for the purposes of this post.

[2] Law No. 269, on 3rd August 1998, Norme conto lo sfruttamento della prostituzione, della pornografia, del turismo sessuale in danno di minori, quali nuove forme di riduzione di schiavitù. (http://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=1998-08-10&atto.codiceRedazionale=098G0337).

[3] Associazione On the Road, Isabella Orfano and Marco Bufo, The Italian system of assistance and integration of victims of trafficking in human beings, page. 9. (available in http://ec.europa.eu/anti-trafficking/download.action;jsessionid=GRPqPPcYfFkbL7CT7yWgyTVWNvG9gzjhwBBZkH81Rn22j7tLyXZ6!-1401219818?nodeId=e06d5560-83ce-4df1-ae98-832b58224819&fileName=The+Italian+system+of+assistance+and+integration+of+victims+of+).

[4] Idem., page.6.

[6] Web site of Osservatorio Nazionale Tratta –ONT- (www.osservatoriotratta.it).

[7]International Centre for Migration Policy Development (ICMPD), Study on the assessment of the extent of different types of Trafficking in Human Beings in EU countries, April 2010, page.184.

[8] Giuseppina Valentina D’Angelo and Isabella Orfano, European Commission, Italian Report, Law enforcement agencies and NGOs co-operation in the prevention and victim assistance of trafficking in human  beings for the purpose of sexual exploitation (THBSE), Agis Programme 2005,  COOP-TRAF JLS/2005/AGIS/156, page. 19. (available: c.europa.eu/anti-trafficking/download.action;jsessionid=5RLNPvCFWpkSvnKPpy7x9vWPFnhN51WwLLQB9r1JDGqhGpjRLh1F!511069867?nodeId=3c5774ae-4f5a-4bc8-b1c3-7abe2b7e7d32&file).

[9] Prime Minister’s Office, which is the central public authority in charge of promoting and coordinating policies and actions on anti-trafficking, with specific regard to a human rights based and victim centered approach. 

[11]European Commission, Fight Against Trafficking Human Beings, Italy. (available in: c.europa.eu/anti-trafficking/showNIPsection.action;jsessionid=2z1KPlFG8gJLTvHYG66lJ3nXh5T7w8TjmQDpPCSCn9hLLprgYVJ1!511069867?sectionId=688).

[12] The implementation of the programme, pursuit by article 18 of the Law No. 286/1998 (the Immigration Consolidation Act),  are co-financed by the State (70%) and local authorities (30%), coordinated by a special Inter-Ministerial Committee and provided by local authorities  and/or accredited non-profit organizations. The Programme is managed by the Inter-ministerial Committee for the Implementation of Art. 18 of the Law No. 286/1998 (the Immigration Consolidation Act ), the managing body of the Programme, that is composed of representatives of the Department for Rights and Equal Opportunities, the Ministry of Justice, the Ministry of Welfare and the Ministry of Interior. Idem., page. 34.

[13] Article 19, par. 2, of Italy/Decreto legislativo n. 286/1998 (25.7.1998) available at http://www.giustizia.it/cassazione/leggi/dlgs286_98.html (02.07.2008).

[14] Associazione On the Road, Isabella Orfano and Marco Bufo, The Italian system of assistance and integration of victims of trafficking in human beings. Page. 4. (available in http://ec.europa.eu/anti-trafficking/download.action;jsessionid=GRPqPPcYfFkbL7CT7yWgyTVWNvG9gzjhwBBZkH81Rn22j7tLyXZ6!-1401219818?nodeId=e06d5560-83ce-4df1-ae98-832b58224819&fileName=The+Italian+system+of+assistance+and+integration+of+victims+of+).

EU Response to the Crime of Human Trafficking

Written by Lina Laurinaviciute

“Trafficking in human beings is the slavery of our times” stresses the European Commission.[1] This position is largely reflected in the European Union (hereinafter EU) political interventions, which are usually seen in the international arena as exemplary with regard to fighting the crime of human trafficking in Europe. Indeed, the political commitment at the EU level to address this problem was established with large number of initiatives, measures and funding programmes both within the EU and external countries since the 1990s.[2]

However, the current economic situation faced by the EU countries raises business opportunities for traffickers. Human trafficking is considered to be one of the most profitable criminal activities worldwide, which estimated global annual profits are 31.6 billion U.S. dollars[3]. The warning of a dramatic increase in human trafficking put this complex issue involving criminality and law enforcement back on the political agenda of the EU and its Member States. Despite the lack of the reliable data, which makes it very problematic to develop comprehensive and effective measures to fight human trafficking, the estimated number of people trafficked to or within the EU amounts to several hundred thousand a year.[4]

Data collected by the European Commission in September 2011 shows that 76 % of registered victims of human trafficking were trafficked for sexual exploitation,14 % for forced labour, 3 % for forced begging,1 % for domestic servitude and the rest 6 % for criminal activities, removal of organs, etc. It also shows that women and girls are the main victims of this crime (79 %). Most Member States reported that majority of victims from within the EU come mainly from Romania, Bulgaria, Poland and Hungary, whereas most victims from non-EU countries are from Nigeria, Vietnam, Ukraine, Russia and China.[5]

While systematically collected and managed data on human trafficking remains essential for the efficient response to this crime, legal instruments to approach human trafficking need be harmonized within the EU Member States.

Human Trafficking is specifically prohibited by the Charter of Fundamental Rights of the European Union, which states that: “Trafficking in human beings is prohibited.”[6] A lot of attention has also been paid to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (hereinafter Palermo Protocol) and the Council of Europe Convention on Actions against Trafficking in Human Beings.[7] Indeed, in the EU human trafficking is defined uniformly according to the Palermo Protocol: “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”.[8]

In the case of Rantsev v Cyprus and Russia the European Court of Human Rights provided a decisive human rights benchmark with clear obligations for the EU Member States to take the necessary steps to address different areas of human trafficking. These include recruitment, investigation, prosecution, protection of human rights, and providing assistance to victims. If the authorities are aware of a case of human trafficking, or that an individual risks being a victim of this crime, they are obliged to take appropriate measures.[9]

However, despite the obligations for the Member States to criminalise all possible acts that constitute human trafficking and to provide an adequate framework to protect victims of this crime, not all Member States have ratified the above mentioned legal instruments. As well, there are still legislative gaps in their transposition into domestic legislation. Therefore, “the elements determining Trafficking in Human Beings vary considerably across EU Member States.”[10]

A major step forward was the adoption of the new Directive on preventing and combating trafficking in human beings, in 2011.[11] The Directive adopts a comprehensive approach to human trafficking from a gender (as beforehand mentioned, women and children are particularly affected) and human rights perspective. It supports the harmonisation of the EU Member States’ criminal laws, possibility not to prosecute and apply penalties to victims for unlawful activities they were forced to commit by the traffickers, possibility to prosecute the EU nationals for human trafficking offences committed in another EU State or outside the EU. It also includes robust provisions on victim’s protection, including special measures for children as well as victims’ support, such as shelters, medical and psychological assistance, translation services.[12] The new Directive also requires Member States to set up a ‘National Rapporteur’ responsible for monitoring and implementation of anti-trafficking policy at national level. Whereas the European Commission has already appointed an EU Anti-trafficking Coordinator who will oversee the implementation of the EU Strategy towards the eradication of trafficking in human beings 2012-2016 (hereinafter the EU Strategy).[13]

The EU Strategy focuses on prevention, protection, prosecution, partnerships and also increasing knowledge on emerging concerns related to human trafficking.[14] This instrument reflects a number of EU initiatives in various policy areas which contribute to addressing human trafficking. For instance, the development of guidelines to improve identification of victims; the guidelines on child protection systems; the improvement of access to information for victims of their rights and support for them to exercise these rights effectively; the measures to reduce the demand for and supply of services and goods by victims of human trafficking; the development of the EU-wide guidance on future prevention measures and gender-sensitive information campaigns, as the awareness-raising campaigns already implemented in the Member States were evaluated as insufficient in their scale and impact.

These and others EU instruments determine that any approach to human trafficking must be based on the needs of victims. This also means that the measures against this crime must involve work in countries of origin, transit and destination. As an example, the case of Siliadin v. France in 2005, was the first human trafficking case considered by the European Court of Human Rights. The applicant, a female Togolese national who lived in Paris, had served as an unpaid servant for several years as minor and her passport was confiscated. In this case the Court held that it could not be considered that the applicant had been held in slavery in the traditional sense of that concept but considered that the applicant had, at the least, been subjected to forced labour.[15]

Despite a decade of efforts, the statistical figures show that a total number of cases related to human trafficking prosecuted in the EU remains low (1534 cases in 2008,1445-  in 2009, 1144 in 2010).[16] It is also clear, that human trafficking extends beyond individual Member States. Therefore the investigation and prosecution of human trafficking face additional problems. For instance, in the case Kodos v. Prosecutor General’s Office of the Republic of Lithuania (2010) the Prosecutor General’s Office sought the defendant from another Member State for the purpose of prosecution for sexual exploitation of 8 Lithuanian women in the United Kingdom.[17]

Furthermore, “the trends, patterns and working methods of traffickers are changing in all the different forms of trafficking in human beings, adapting to changing patterns of demand and supply”.[18] For example, in the Roma father casein Italy (2010), the father who sold his underage daughter for 200,000 Euros to people who were exploiting her for criminal activities (forcing her to steal) was charged with enslavement.[19]

Thus to better investigate and prosecute traffickers and further increase cross-border cooperation and centralise knowledge on human trafficking, Member States are required to establish national multidisciplinary law-enforcement units on human trafficking. Such units would function as contact points for the EU agencies, in particular Europol.[20] The national authorities of Member States and the EU agencies are also encouraged to create where relevant joint investigation teams and involve Europol and Eurojust in all cross-border trafficking cases.[21]

Further, in accordance with the new Directive for monitoring and evaluation of the implementation of measures addressing human trafficking in the EU, the European Commission will present report every two years to the European Council and the European Parliament. The first report is to be issued in 2014,[22] while the attention to the problems and possible actions by the EU agencies and Member States is brought every year on 18th October, the EU Anti-Trafficking Day.

All the EU existing and intended legal instruments and measures seem to establish a holistic system on preventing and combating human trafficking and protecting its victims. However, the effect of these efforts will depend to a large extent on the will of the Member States to implement those instruments in domestic laws in a harmonized and fair manner, cooperation of all the provided actors within and outside the EU, as well as funding opportunities for these actions.


[1]The European Commission, Communication From the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016, COM(2012) 286 final, 19 June 2012, [hereinafter The EU Strategy], p. 3.

[2]TheEuropean Commission, Communication on trafficking in women for the purpose of sexual exploitation, COM(96) 567 final; European Commission, Communication on Fighting trafficking in human beings: an integrated approach and proposals for an action plan, COM(2005) 514 final; The EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings, 2005/C 311/01; European Commission, Commission working document on the Evaluation and monitoring of the implementation of the EU plan, COM(2008) 657, final.

[3] Patrick Besler, Forced Labour and Human Trafficking: Estimating the Profits, working paper, International Labour Office, 2005.

[4]The European Commission, Trafficking in human beings, available at: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/organized-crime-and-human-trafficking/trafficking-in-human-beings/index_en.htm, [accessed 5 November 2012].

[5]The EU Strategy, supra note 1, p. 2.

[6]The Charter of Fundamental Rights of the European Union, 2000/C 364/01, Article 5.

[7]United Nations, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,

supplementing the United Nations Convention against Transnational Organized Crime, 2000, [hereinafter Palermo Protocol]; The Council of Europe, Convention on Action against Trafficking in Human Beings, CETS No.197, 16 May 2005.

[8]Palermo Protocol, Article 3.

[9]European Court of Human Rights, Rantsev v. Cyprus and Russia, Application No 25965/04, Judgment (final), 10 May 2010.

[10]International Centre for Migration Policy Development, Study on the Assessment of the Extent of Different Types of Trafficking in Human Beings in EU Countries, April 2010, p. 2.

[11]Directive 2011/36/EU of the European Parliament and the Council on preventing and combating trafficking in human beings and protecting its victims, L 101/1, 15 April 2011.

[13]The EU Strategy, supra note 1, p. 4.

[14]Supra note 12.

[15]European Court of Human Rights, Siliadin v. France , Application No. 73316/01 , Judgment (final), 26 October 2005.

[16]The EU Strategy, supra note 1, p. 9.

[17]Royal Courts of Justice, Kodos v. Prosecutor General’s Office of the Republic of Lithuania, Case No: CO/12374/2009, Judgment, 28 April 2010.

[18]The EU Strategy, supra note 1, p. 14.

[19]Supreme Court of Cassation, V. Criminal Section, The Roma father case, Case No. 35923, Judgment, 6 October 2010.

[20]The EU Strategy, supra note 1, p. 9.

[21]Ibid., p. 10.

[22]Ibid., p. 14.

* The poster is designed by RJDaae: http://rjdaae.deviantart.com.

Human Trafficking and Prostitution in India

Written by Garima Tiwari

“The red light district in Bombay generates at least $400 million per annum in revenue, with 100000 prostitutes serving 365 days a year, at the average rate of 6 customers per day at $2 each.”[i]

When Robert Friedman, wrote this in 1996, he must not have though that the industry was there to survive and flourish with even more vigour, crime and torture and become the largest in Asia. For ages, the commercial sex trade has been the chief destination for trafficked girls in India.[ii]Sex tourism involving underage girls still remains a highly profitable business, a billion-a-year industry in 2009, with a 30 percent increase from previous years.

India is listed in the Tier II list of the United Nations which includes countries which have failed to combat human trafficking. India continues to be a source, destination and transit country for forced labor and sex trafficking. According to a report by the Ministry for Women and Child Development, India has nearly 2.5 million prostitutes in nearly 300,000 brothels in 1,100 red-light areas across the country. 90% or more estimated as in-country and 5 to 10% to cross-border trafficking, reported mainly from Bangladesh and Nepal. The routes of trafficking do not exclude Europe and specifically to UK and United States.[iii] Around 1.2 million children are involved in prostitution in India.

The trafficking of girls from Nepal into India for forced prostitution is perhaps one of the busiest slave sex trafficking routes anywhere in the world; with estimated 5,000-10,000 Nepali women and girls trafficked to India each year.[iv] An estimated 100,000-200,000 Nepali trafficked persons are in India. [v] In addition to being a destination, India is also a transit country for Nepalese and Bangladeshi women trafficked to Pakistan, Western Asia, and the Middle East and for women trafficked from the Russian Federation to Thailand. [vi] Asia –Pacific therefore, has seen ‘feminization of migration’-with more population movement being that of women. The feminization of migration gives rise to specific problematic forms of migration, such as the commercialized migration of women and girls as domestic workers and caregivers, often resulting in the trafficking of women for labor and sexual exploitation.[vii]

Much of the attention on human trafficking focuses on those who are trafficked across national borders every year, and, in many cases, forced to work as prostitutes or virtual slaves. But those numbers don’t include victims trafficked within India — a country so large and diverse that victims taken hundreds of miles away where a different language is spoken have little chance of finding their way home. There are increasing reports of females from northeastern states and Odisha subjected to servile marriages in states with low female-to-male child sex ratios, including Haryana and Punjab. Maoist armed groups known as the Naxalites forcibly recruited children into their ranks. Establishments of sex trafficking are moving from more traditional locations – such as brothels – to locations that are harder to find, and are also shifting from urban areas to rural areas, where there is less detection.[viii] Not to hide, the rise of HIV/AIDS patients and vulnerable groups. Anyone who has watched ‘Slumdog Millionaire’ the Oscar-winning movie would have seen tiny speck of this dark side of India.

This remains, despite the fact that India has a fairly wide framework of laws enacted by the Parliament as well as some State legislatures, apart from the Constitutional provisions.[ix]Poor implementation along with low conviction rates, and serious corruption adds to the problem. But all is not lost, efforts from social activists, educated citizenry and international support towards combating this modern slavery, has started showing some impact.

(A Birds eye view of the problem and efforts can be seen in the video created by the UNODC Regional Office for South Asia at: http://www.youtube.com/watch?v=9yJWvphsa3A)


[i] Robert I. Friedman, “India’s Shame: Sexual Slavery and Political Corruption leading to an AIDS catastrophe, The Nation, 8th April 1996

[ii] P. M. Nair, Sankar Sen, Trafficking In Women And Children In India( Orient Blackswan) 2005

[iii] India, Trafficking in Persons Report 2008. U.S. Department of State (June 4, 2008)

[iv] Koirala A, Banskota HK, Khadka BR: Cross border interception – A strategy of prevention of trafficking women from Nepal. Int Conf AIDS :15. 2004, Jul 11–16

[v] Mukherji KK, Muherjee S. (2007): Girls and women in prostitution in India Department of Women and Child Development, New Delhi, India

[vi] Joffres, C., Mills, E., Joffres, M., Khanna, T., Walia, H., & Grund, D. (2008). Sexual slavery without borders: trafficking for commercial sexual exploitation in India. International Journal for Equity in Health, 7, Pg.1–11.

[vii] The Female Face of Migration, Background Paper available at http://www.caritas.org/includes/pdf/backgroundmigration.pdf

[viii] Trafficking in Persons Report 2012, at http://www.state.gov/j/tip/rls/tiprpt/2012/index.htm

[ix] Article 23 – Article 39 of the Constitution of India The inherent provisions of these articles has been incorporated under suppression immoral Traffic in Women and Girls Act of 1956(SITA) and Traffic in persons (prevention)Act 1986(PITA)an amendment to (SITA). There are 25 provisions relevant to fight trafficking Indian Penal Code, 1860!