ANGELS IN THE FIELD
Has given people the awareness of the incredible, growing of this pandemic that continued to bring humans to slavery. Enduring value of friends and family, I no longer, take anything for granted and cherish everyday as I myself was a victim for 22 years of slavery and since 2007 have birth Angels In The Field and has appreciated what life has to offer. Since i came back This times of rescuing and restoring victims of slavery ,I see that there are more slaves than ever before,and to see this situation has really touch my heart to started the organization on rescue and restoring victims of Lab our,prostitution ,slaves that has been taken. to see how many children has been taken. i started to fill it was a big responsibility, to born angels in the field, so we may start rescue, so victims of slavery have the freedom, that I once had. Thank you in advance for your support to fund rescue, awareness, research for this devastating taken of humans, that I and many others live with every day. Each step we take brings rescue and bring the victims to us closer to bring a cure for mentally, abuse they have endure, and to have a world without Slavery,
children ,man ,woman that has been Human Trafficking, child Sex Slaves trafficking. COME AND JOIN US
Human trafficking is a form of modern day slavery. Laws against human trafficking are generally divided into two categories, labor trafficking and sex trafficking. Labor trafficking consists of the recruitment, harboring, transporting, providing, or obtaining of people for forced or coerced labor. Under federal law, coercion is defined as: “(1) Force, threats of force, physical restraints or threats of physical restraint to that person or another person; (2) serious harm or threats of serious harm to that person or another person; (3) the abuse or threatened abuse of law or legal process; or (4) any scheme, plan, or pattern intended to cause the person to believe that failure to perform an act would result in serious harm to or physical restraint against that person or another person.” Violations of wage payment laws, health and safety standards, and criminal acts such as physical and sexual assault and false imprisonment often accompany labor trafficking.
Labor trafficking is a low-risk, high profile crime that thrives on the isolation its victims. Traffickers prey on the most vulnerable and often times disregarded members of society, such as migrant workers or foreign nationals. Victims come from nearly every part of the United States and can be found in many different types of industries including:
Day labor site
Restaurants and bars
*Agriculture includes more than 1.5 million seasonal farm workers of
which an estimated 5% are subject to forced labor (Coalition of Immokalee Workers).
Current Policy to Combat Labor Trafficking
All fifty states and the District of Columbia have provisions specifically criminalizing labor trafficking through involuntary servitude or similar human trafficking statutes.
The majority of states penalize employers who violate wage payment laws with only administrative or misdemeanor offenses (up to one year in jail, fines or both). Typically states cover wage payment violations under state labor codes, either through penalties that apply to any violation of the code or specific penalties for failure to pay wages. Some states, including: Connecticut, Illinois, Indiana, Massachusetts, New York, and Virginia, have criminal statutes expressly prohibiting failure to pay wages. To ensure that labor traffickers are held accountable for their actions, several states have raised the penalty for non-payment of wages to a felony level. These states include: Connecticut, Hawaii, Massachusetts, New York, and Virginia.
Sponsor Legislation to End Labor Trafficking and Criminalize Non-Payment of Wages
Criminalizing labor trafficking and enacting felony-level penalties for non-payment of wages will significantly increase the risk to traffickers and provide options for prosecuting this brutal crime. While most states have a labor trafficking statute in place, many have not been utilized because the elements can be difficult to establish. Thus, supporting legislation that authorizes training on human trafficking and establishing task forces that address human trafficking in the state will help in the implementation of the labor trafficking statute.
Suggested Language for an Effective Policy to Combat Labor Trafficking and Non-Payment of Wages
While no state law is perfect and there is no uniform model that fits every state, the language below is a good example of what to consider when working on this issue in your state. Please contact Polaris (djsangelsinthefield.com if you would like assistance implementing these statutory provisions in your state.
Suggested Language for Decriminalization of Non-Payment of Wages Provision
(A) Any employer who willfully or with intent to defraud fails or refuses to pay wages is guilty of a felony [or: shall be fined not less than $2,000 nor more than $10,000, or imprisoned not less than two years nor more than ten years or both for each offense].
(B) Any employer who without a good faith [reasonable/legal] basis fails or refuses to pay wages to a worker is guilty of:
(1) A felony if the amount owed is equal to or greater than $2,000 or if such failure or refusal constitutes a subsequent violation of this section or if the employer falsely denies the amount or validity of the debt owed [or: shall be fined not less than $2,000 nor more than $5,000 or imprisoned not more than five years or both] or,
(2) A misdemeanor is the amount owed is less than $2,000 [or shall be fined not more than $2,500 or imprisoned for not more than twelve months or both].
(C) An employer commits a separate offense under paragraph (B) for each pay period [or calendar month] during which the worker earned wages that the employer failed to pay.
(D) In addition to any fine, an employer found in violation of paragraphs (A) or (B) must pay mandatory restitution to the worker in the form of all wages owed to that worker.
(E) An individual who is a victim of non-payment of wages may bring a civil action in the appropriate state court to recover all wages owed by the employer.
For additional information or assistance please contact Angels In The Field
2013 Accomplishments on Combating Trafficking in Persons
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FY 2013 Accomplishments
2013 Accomplishments on Combating Trafficking in Persons
The Trafficking Victims Protection Act of 2000 and its re-authorizations in 2003, 2005, and 2008 authorizes the U.S. Department of Health and Human Services to respond to human trafficking through activities including inter-agency collaboration, training and awareness raising, prevention, services and assistance to victims, and research.
The Office of Refugee Resettlement (ORR) issued 406 Certification Letters to foreign trafficked adults in FY 2013 (increased from 366 certifications in FY 2012). ORR issued 114 Eligibility Letters to foreign trafficked children for benefits and services (increased from 103 letters in FY 2012). ORR has two Child Protection Specialists dedicated to reviewing requests and facilitating the prompt delivery of assistance to eligible children. Child Protection Specialists have conducted training and outreach activities regarding services for foreign child trafficking victims and have traveled to 11 locations, including Unaccompanied Alien Children (UAC) programs. They met with new Case Coordinators and the local Federal Field Specialists and provided the “Responding to Foreign Child Victims of Trafficking” training to staff at the Division of Children’s Services’ facilities, as well as met with law enforcement, child welfare agencies, and other local stakeholders.
ORR continues full implementation of Section 107(b)(1)(F) of the Trafficking Victims Protection Act (TVPA), which requires the HHS Secretary to promptly determine if an alien child in the United States who may be a victim of trafficking is eligible for interim assistance. The HHS Secretary delegated authority to implement this provision to the Assistant Secretary for Children and Families who further delegated it to the Director of ORR. In 2013, the ORR Division of Children’s Services screened all 24,668 UACs for human trafficking and provided placement services to UACs, including those who were trafficked. ORR conducted several trainings on child trafficking, including training sessions for Customs and Border Patrol Agents in El Paso, Texas; direct service providers in Jackson, Mississippi; and Rescue & Restore grantees and college students in Washington, DC.
ORR awarded a grant of $800,000 to Polaris Project, a DC-based anti-trafficking organization, to operate the National Human Trafficking Resource Center (NHTRC). The NHTRC received 29,064 calls in FY 2013 (an increase from 21,287 calls in FY 2012). In FY 2013, the NHTRC received reports of 4,792 unique cases of potential trafficking, a 52 percent increase over the previous fiscal year. The NHTRC is a dedicated, toll-free, U.S. national telephone hotline (1-888-373-7888) that provides emergency assistance 24 hours a day, seven days a week, every day of the year. The NHTRC provides service referrals for victims, passes on tips to law enforcement agents, and provides information and training on human trafficking. Internet users can also report possible tips of trafficking cases to the NHTRC via an online reporting form.
ORR awarded $2.9 million for third-year continuation grants to 11 organizations for the Rescue & Restore Victims of Human Trafficking Regional Program. All organizations received continued funding during 2013 to proceed with projects in Fresno, Sacramento, and San Francisco, California; Denver, Colorado; Honolulu, Hawaii; Baton Rouge, Louisiana; St. Louis, Missouri; New York, New York; Dallas and Houston, Texas; and Seattle, Washington. The central purpose of these grants is to maximize and increase the identification and protection of human trafficking victims in the United States and to increase public awareness about human trafficking. The grantees are responsible for leading or participating in an anti-trafficking coalition, conducting public awareness activities, and providing training and technical assistance on human trafficking issues to local organizations. Each grantee must sub-award at least 60 percent of grant funds received to local organizations that can identify and/or work with victims of human trafficking.
There were 29 Rescue & Restore Victims of Human Trafficking Coalitions across the country, including unfunded coalitions that support public awareness by distributing campaign materials through local outreach activities.
HHS, along with co-chairs at DOJ and DHS and other federal partners, finalized a five-year coordinated Federal Strategic Action Plan on Services to Victims of Human Trafficking in the United States. HHS Deputy Secretary Bill Corr moderated a panel at the White House Forum to Combat Human Trafficking, releasing the draft Plan for public comment in April. The final Plan was released in January.
HHS Secretary Kathleen Sebelius noted the intersection between human trafficking and child welfare systems at a forum on child trafficking at the Johns Hopkins University Bloomberg School of Public Health. ACF released new guidance to child welfare systems and runaway and homeless youth programs on how to strengthen identification and service responses to child trafficking. Follow-up training on child trafficking included presentation at the 28th Annual San Diego International Conference on Child and Family Maltreatment.
HHS strengthened intra-agency coordination and collaboration on anti-trafficking initiatives by forming a multi-disciplinary working group meeting monthly within ACF (including ORR; Children’s Bureau; Family and Youth Services Bureau; Administration for Native Americans; Office of Planning, Research, and Evaluation; Office of Human Services Preparedness and Response; and Office of External Affairs) and a multidisciplinary working group meeting quarterly across HHS (including the ACF; Office of the Assistant Secretary for Health; Centers for Disease Control and Prevention; Health Resources and Services Administration; Substance Abuse & Mental Health Services Administration; and Office of the Assistant Secretary for Planning, Research, and Evaluation)
ACF has integrated anti-trafficking initiatives within the 2014 ACF Strategic Plan, recognizing that victims and survivors of human trafficking intersect with multiple programs and services across the agency.
ORR awarded over $5.0 million for second-year supplements and third-year continuation funds to three organizations for its National Human Trafficking Victim Assistance Program (NHTVAP), originally awarded on September 30, 2011. The central purpose of these grants is to provide comprehensive case management services on a per capita basis to foreign victims and potential victims of trafficking seeking HHS certification in any location in the United States.
ORR NHTVAP grantees served a total of 915 clients (increased from 761 clients in FY 2012). The U.S. Committee for Refugees and Immigrants and its sub-awardees served 431 clients (274 victims and 157 derivatives). Tapestri, Inc. and its sub-awardees served 206 clients (127 victims and 79 derivatives). Heartland Human Care Services, Inc. and its sub-awardees served 278 clients (211 victims and 67 derivatives).
The Family and Youth Services Bureau (FYSB) awarded approximately $37.6 million through the Runaway and Homeless Youth Program, which included explicit language enabling victims of human trafficking to be served through the 205 Transitional Living Program and Maternity Group Homes (transitional shelter up to 21 months), 321 Basic Center Program (short-term crisis center up to 21 days), and 138 Street Outreach Program (street-based services).
FYSB continues to partner with FBI Innocence Lost Task Forces in a pilot initiative to integrate trafficking components into policies and to strengthen outcomes for trafficked children and youth through four runaway and homeless youth programs. The four pilot cities include Runaway and Homeless Youth Program grantees in Miami, FL; Seattle and Everett, WA; and Toledo, OH.
Office of Planning, Research, and Evaluation (OPRE) awarded continuation grants to two organizations conducting demonstration projects to examine whether engaging pre-certified foreign national victims of human trafficking in enhanced employment services can improve self-sufficiency outcomes.
ACF, DOJ, and HUD partnered with Humanity United in the Partnership for Freedom, which announced the “Reimagine: Opportunity” challenge competition to spur new ideas for sustainable housing, economic self-sufficiency, and comprehensive social services for survivors of human trafficking in September. Award finalists participated in a multi-day innovations workshop in January.
Training and Technical Assistance
HHS announced a new initiative to enhance the health care system’s response to human trafficking at the annual meeting of the Clinton Global Initiative. ACF and the Office of Women’s Health at HHS hosted a national technical working group meeting of medical and health providers and other experts to launch the associated SOAR to Health and Wellness initiative, with involvement from DOJ, DHS, DOS, and USAID.
ACF’s regional offices supported the roll out of new child trafficking guidance by holding community forums in Atlanta, Georgia; San Francisco, California; Dallas, Texas; New York, New York; and Seattle, Washington. ACF also supported training on child trafficking for senior staff at the New Jersey Department of Children and Families in preparation for the Super Bowl and long-term community response needs to human trafficking. The Chicago Regional Office conducted a Commercial Sexual Exploitation of Children Training on July 31, 2013. Participants included the Mexican Consulate, NGOs, and federal partners.
FYSB supported training, services, and advocacy for both domestic and foreign victims of trafficking who come in contact with domestic violence programs through 1,600 shelters, 1,100 non-residential service sites, and 56 state and territorial coalitions.
FYSB supported Family Violence Prevention and Services Act grants to state and territorial domestic violence coalitions. Approximately half (27) of the 56 state and territorial domestic violence coalitions worked to build the capacity of their member programs to serve trafficking victims through training, technical assistance, and advocacy. Some examples of this work include:
The Kansas State Domestic Violence Coalition led training’s for state law enforcement on responding to victims of human trafficking, and continued to serve as a member of the Kansas State Attorney General’s Human Trafficking Task Force.
The Arizona State Domestic Violence Coalition revised its program Service Standards to include best practices for accommodating the unique needs of victims of human trafficking. These Service Standards guide the operation of the state’s member programs, which are primary purpose victim service providers.
The Virginia Sexual and Domestic Violence Action Alliance developed a day-long training for its member programs, which represent both sexual assault and domestic violence service providers throughout the state, to improve advocates’ awareness of how to make services more accessible to trafficking victims.
FYSB supported the Asian & Pacific Islander Institute on Domestic Violence (APIIDV) to develop and lead training and technical assistance on the complex social and economic factors behind human trafficking, helping the domestic violence field to better assist victims. Over the past year alone, APIIDV has offered workshops, seminars, and webinars to 588 individuals, from community-based organizations, domestic violence programs, state domestic violence coalitions, and Federal agencies. Complementing these trainings are technical assistance briefs published by APIIDV, covering topics such as the health needs of trafficking victims, and approaches for domestic violence advocates in serving trafficked women and girls, which are available for download on their website. Services Available to Victims of Human Trafficking: A Resource Guide for Social Service Providers received more than 600 unique downloads in 2013, from individual and organizations across the United States and globally.
ORR Division of Anti-Trafficking in Persons (ATIP) provided dozens of trainings and presentations on a range of victim identification and service topics, reaching frontline responders in many fields across the country (e.g., ACF Region II Training Institute on Human Trafficking; the Anti-Human Trafficking Symposium at Georgetown University; the AKA Sorority Founders Day event; the Asian American and Pacific Islanders Texas Regional Conference; the Jefferson Educational Society; and FBI and/or DHS/ICE field offices in California, Nevada, New York, Oregon, Texas, and Washington).
FYSB provided a one-year, $351,000 grant to the Runaway and Homeless Youth Training and Technical Assistance Center (RHYTTAC) operated by National Safe Place, to strengthen training and technical assistance to more than 400 runaway and homeless youth grantees to help enhance their work with survivors of human trafficking, including the identification of victims, provision of appropriate and trauma-informed services, and expansion of network of services. RHYTTAC provided direct training through six institute events, three webinars, and a five-course e-learning module on human trafficking.
FYSB featured human trafficking at the pre-conference institute and four workshop sessions at the National Runaway and Homeless Youth Conference held in Atlanta, Georgia. RHYTTAC’s Community of Practice has 822 active members and had several discussion threads regarding human trafficking in FY 2013.
Children’s Bureau (CB) maintained a “spotlight” page providing links and resources to child welfare-related personnel on responding to human trafficking of children through the Child Welfare Information Gateway. The Children’s Bureau also included information on human trafficking in the Children’s Bureau Express, a monthly e-newsletter.
ORR ATIP hosted nine briefings for international visitors sponsored by the State Department’s International Visitor Leadership Program. Government and non-governmental professionals from 45 countries received information on ORR’s efforts to combat human trafficking and assist foreign victims in the United States.
ACF participated in a bilateral high level workshop on cutting edge innovation and strategic challenges in the fight against human trafficking, organized by DOS and the Royal Netherlands Embassy in Washington, which involved participation from other federal agencies and NGOs.
ORR ATIP distributed 747,741 public awareness materials (posters, brochures, etc.) publicizing the Rescue & Restore Victims of Human Trafficking (Rescue & Restore) public awareness campaign, increased from over 714,000 in FY 2012. The Rescue & Restore training video Look Beneath the Surface is posted online in English and Spanish.
ORR funded the NHTRC, which created eight online trainings and sent 12 monthly newsletters on trafficking issues to its listserv of 13,644 members in FY 2013 (increased from 8,375 members in FY 2012).
Public Engagement, Coordination, and Collaboration
HHS participated in multiple meetings with stakeholder organizations representing survivors of human trafficking, service providers, researchers, advocates, state and local government organizations, and the general public. Events included a conference on multi-system approaches to the domestic sex trafficking of girls at the Georgetown University Law Center; a convening of the Innovative Catholic Women Religious Leaders Fighting Human Trafficking; the 11th annual Freedom Network conference; the National ACF Hispanic Roundtable; a Congressional Forum on Child Trafficking and Child Welfare; an international summit of Student’s Opposing Slavery at President Lincoln’s Cottage; a National Colloquium on evaluating shelter and service responses to child sex trafficking; and a U.S. Commission on Civil Rights public briefing on human trafficking of Lesbian, Gay, Bisexual and Transgender (LBGT) youth in the District of Columbia.
ORR Division of Anti-Trafficking in Persons (ATIP) hosted training for its grantees during which they received information from several ACF Program Offices and Federal law enforcement representatives, and had opportunities to discuss challenges encountered and lessons learned during grant project implementation.
ORR ATIP also hosted an in-person and teleconference Stakeholders Meeting to solicit input from grantees and others regarding ATIP’s public awareness and outreach efforts, including its free public awareness posters, brochures, and other materials.
HHS supported a national Survivor Forum and Listening session, hosted by DOJ Office of Victims of Crime, on how to strengthen survivor engagement in federal anti-trafficking initiatives. HHS supported a DOJ Office of Juvenile Justice & Delinquency Prevention community roundtable on court responses to domestic child sex trafficking. HHS supported listening sessions with stakeholders hosted by DOL on the scope and needs of labor trafficking victims. HHS supported a webinar on child sex trafficking hosted by ED for educators and school personnel. HHS supported the President’s Advisory Council on Faith-based and Neighborhood Partnerships in multiple stakeholder events.
FYSB hosted a phone panel and discussion on human trafficking with grantee partners to commemorate National Slavery and Human Trafficking Prevention Month.
ACF regional offices engaged with stakeholders throughout the year including the following highlights:
Region 1 (Boston, MA) participated in a regional anti-trafficking working group hosted by DHS.
Region 2 (New York, NY) participated in NJ Coalition Against Human Trafficking meetings and presented at the Stronger Families New York Coalition meeting.
Region 3 (Philadelphia, PA) engaged with the Philadelphia Mayor’s Office of Faith-Based Initiative and the Mayor’s Office of Community Empowerment and Opportunity to discuss human trafficking as it relates to the City of Philadelphia.
Region 4 (Atlanta, GA) hosted three community forums on human trafficking to inform the Federal Strategic Action Plan on Services to Victims of Human Trafficking and ACF’s new child trafficking guidance. They also held their annual Regional Conference.
Region 5 (Chicago, IL) participated in monthly calls and two in-person roundtable discussions on human trafficking. Discussions revolved around housing and program services for survivors of labor and commercial sex trafficking. Gaps, specific to human trafficking victims and housing, were identified. The group also discussed potential options for closing gaps in services for at-risk young adults and LGBT of all ages.
Region 6 (Dallas, TX) hosted four community forums on human trafficking.
Region 7 (Kansas City, MO) hosted a human trafficking roundtable for child welfare staff with representatives from Missouri, Iowa, Nebraska, and Kansas sharing current state effort on human trafficking.
Region 8 (Denver, CO) coordinated and facilitated a training for stakeholders in the Four Corners tourism and agriculture regions of the country in Durango, Colorado.
Region 9 (San Francisco, CA) collaborated with the Children’s Bureau Training and Technical Coordination Center to provide training on child trafficking and hosted a community forum on human trafficking.
Region 10 (Seattle, WA) collaborated with Region 9 to conduct a national listening session on the Federal Strategic Action Plan on Services for Victims of Human Trafficking. The regional office participated in multiple community working groups on human trafficking including in Thurston County, Pierce County, and the Washington state-wide task force. The regional office also engaged in collaborative efforts with the City of Seattle’s Human Trafficking efforts.
The Administration for Native Americans (ANA) hosted a tribal consultation in Washington, DC on topics including the issue of human trafficking.
ACF Office of Public Engagement posted 17 blogs articles on the Family Room Blog and raised awareness through social media including Twitter and Facebook posts.
WHAT IS LABOUR TRAFFICKING
According to the Trafficking Victims Protection Act of 2000, labor trafficking is “The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.” Here are some facts on labor trafficking from the Labor Trafficking Fact Sheet, published by the Department of Health and Human Services’ Rescue and Restore program.
Forms of Labor Trafficking
Bonded labor: “debt bondage,” is probably the least known form of labor trafficking. Victims become bonded laborers when their labor is demanded as a means or repayment for a loan or service (terms and conditions were not defined). Value of work is greater than the original sum of money “borrowed.”
Forced labor: a situation in which victims are forced to work against their own will under threat of violence or some other form of punishment. Freedom is restricted and degree of ownership is exerted.
Identify the Victims
Victims of labor trafficking are very diverse. Some enter the country legally on work visas, while others enter illegally. Victims are young children, teens, women, and men. Victims are isolated to prevent them from getting help. People who are trafficked often come from unstable and economically devastated places as traffickers frequently identify vulnerable populations.
Physical abuse such as scars, headaches, hearing loss, cardiovascular/respiratory problems and limb amputation. Victims may also develop chronic back, visual, and respiratory problems from working in agriculture, construction or manufacturing in dangerous conditions. Potential psychological effects of the ordeal include post traumatic stress disorder (PTSD), phobias, panic attacks, and depression. Many victims develop “Stockholm Syndrome.”
DHHS Fact Sheet on Labor Trafficking
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imagesCAV4MMGA.jpg” width=”259″ height=”194″ class=”alignright size-full wp-image-351″ />Breaking The Silence of Slavery
The community of advocates for victims and survivors of human slavery, is growing. Recently established campaigns and non-profit organizations continue the push to criminalize traffickers more efficiently, and view people forced into prostitution as victims, not criminals.
National and International groups have organized task forces to be on the lookout for suspicious environments, such as: nails salons, hotels, neighborhoods, restaurants, factories strip clubs, and Pornography, so on. Activists in many nations have reached out to low income families to inform children, fathers, and mothers who may be at risk for abduction or coercion into the commonly shrouded commercial sex industry. Modern day heroines have rescued children, women, and men, and have made sacrifices to help them heal and let them know they have support. Students on campuses across the U.S have pushed senators to renew the Trafficking Victims Protection Act every three years, ensuring the continuation of funding towards protection and prevention tactics. Small and large groups have taken a public stance against human trafficking. We believe it is essential for USA to do the same. We want USA to be one of the few voices for those who are silenced and hidden from the public, including undocumented persons, all citizens, and future residents and travelers of each nation. This stance will be beneficial for the quiet momentum anti-‐slavery efforts have been making, for USA is full of strong leaders; leaders who have the voices and resources to spread information. We need to take initiative and address the problem and struggles within this movement in order to move forward. The first step is to publicly expose modern day slavery. There are thousands without a voice, and thousands who are manipulated into thinking they do not have a voice. These are people who have left their country for better work only to find themselves receiving no pay and instead abuse. These are the thousands of individuals who have been brainwashed with false ideas. They have been used for the benefit of factory production and war. They have been dehumanized, obsessively sexualized, and objectified at young ages.
Smuggling of Migrants is a crime involving the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident. Migrant smuggling affects almost every country in the world. It undermines the integrity of countries and communities, and costs thousands of people their lives every year. UNODC, as the guardian the United Nations Convention against Transnational Organized Crime (Organized Crime Convention) and the Protocols thereto, assists States in their efforts to implement the Protocol against the Smuggling of Migrants by Land, Sea and Air (Smuggling of Migrants Protocol).
What is Migrant Smuggling?
UNODC Response to Migrant Smuggling
Migrant Smuggling FAQs
What is Migrant Smuggling?
The Smuggling of Migrants Protocol supplementing the United Nations Convention against Transnational Organized Crime defines the smuggling of migrants as the
“procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident.” (Article 3, Smuggling of Migrants Protocol).
In order to comply with the Smuggling of Migrants Protocol, Article 6 requires states to criminalize both smuggling of migrants and enabling of a person to remain in a country illegally, as well as aggravating circumstances that endanger lives or safety, or entail inhuman or degrading treatment of migrants.
Virtually every country in the world is affected by this crime, whether as an origin, transit or destination country for smuggled migrants by profit-seeking criminals. Smuggled migrants are vulnerable to life-threatening risks and exploitation; thousands of people have suffocated in containers, perished in deserts or dehydrated at sea. Generating huge profits for the criminals involved, migrant smuggling fuels corruption and empowers organized crime. Learn more about the crime of migrant smuggling here .
Migrant Smuggling – A Deadly Business
Currently, data is too scattered and incomplete to paint an accurate picture of numbers of people who are smuggled each year and the routes and methods used by those who smuggle them. Still, available evidence reveals the following trends and patterns:
Criminals are increasingly providing smuggling services to irregular migrants to evade national border controls, migration regulations and visa requirements. Most irregular migrants resort to the assistance of profit-seeking smugglers. As border controls have improved, migrants are deterred from attempting to illegally cross them themselves and are diverted into the hands of smugglers.
Migrant smuggling is a highly profitable business in which criminals enjoy low risk of detection and punishment. As a result, the crime is becoming increasingly attractive to criminals. Migrant smugglers are becoming more and more organized, establishing professional networks that transcend borders and regions.
The modus operandi of migrant smugglers is diverse. Highly sophisticated and expensive services rely on document fraud or ‘visa-smuggling’. Contrasted with these are low cost methods which often pose high risks for migrants, and have lead to a dramatic increase in loss of life in recent years.
Migrant smugglers constantly change routes and modus operandi in response to changed circumstances often at the expense of the safety of the smuggled migrants.
Thousands of people have lost their lives as a result of the indifferent or even deliberate actions of migrant smugglers.
These factors highlight the need for responses to combat the crime of migrant smuggling to be coordinated across and between regions, and adaptable to new methods. In this regard, UNODC seeks to assist countries in implementing the Smuggling of Migrants Protocol while promoting a comprehesensive response to the issue of migrant smuggling.
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UNODC’s Response to Migrant Smuggling
As the guardian of the United Nations Convention against Transnational Organized Crime and its supplementary protocols, UNODC’s primary goal with respect to combating migrant smuggling, is to promote global adherence to the Smuggling of Migrants Protocol and assist States in their efforts to effectively implement it. The Smuggling of Migrants Protocol aims to:
Prevent and combat the smuggling of migrants
Protect the rights of smuggled migrants
Promote cooperation between states
In providing technical assistance towards achieving these goals globally, UNODC’s response is focused on two working areas:
Assisting states in bringing their legislation in line with the Protocol, and
Assisting states in developing an effective criminal justice response to migrant smuggling
The Model Law against the Smuggling of Migrants was developed by UNODC in response to a request by the General Assembly to the Secretary-General to promote and assist the efforts of States to become party to and implement the United Nations Convention against Transnational Organized Crime and the Protocols thereto. It was developed in particular to assist States in implementing the provisions contained in the Protocol against the Smuggling of Migrants by Land, Sea and Air. The content of the Model Law was drafted through a comprehensive, collaborative effort conducted through two Expert Group Meetings and reviewed by an expert group of judges and prosecutors. It is currently available in Arabic, English, French, Russian and Spanish.
UNODC in cooperation with Interpol and Europol and with funding received from the European Union, has elaborated basic training modules on preventing and combating migrant smuggling. It has done this through a series of expert group meetings (EGMs) of law enforcers and prosecutors from around the world. The first Expert Group Meeting was held in 30th November to 2nd December 2008 in Saly, Senegal, the second EGM from 23rd to 25th March in Cairo, Egypt and the third EGM was held from 22nd to 24th June in Abuja, Nigeria.
A Toolkit to Combat Smuggling of Migrants has been designed to assist countries to implement the Smuggling of Migrants Protocol. Specifically, the Toolkit is intended to provide guidance, showcase promising practices and recommend resources in thematic areas addressed in the separate tools.The promising practices and recommended resources included in this Toolkit by no means comprise an exhaustive collection of successful, creative and innovative response to addressing migrant smuggling. However, in light of the urgent need for cooperative response to the phenomenon, examples have been included with the intention both of commending such initiatives and of demonstrating the range of resources available to assist users in undertaking the anti-smuggling efforts that may feature in the next edition of this Toolkit.
UNODC is supporting States in West and North Africa in implementing the Smuggling of Migrants Protocol and strengthening their criminal justice systems, through its Impact Programme.
UNODC holds Training Workshops for Prosecutors on Investigating and Prosecuting Migrant Smuggling One example is the training workshop for 25 Egyptian prosecutors on the investigation and prosecution of migrant cases held by the Regional Office for the Middle East and North Africa in Cairo, Egypt during the period 24 to 26 May 2011.
UNODC is currently developing and implementing a number of new projects to assess and counter the various threats posed by human smuggling. To do so effectively, and to learn from already existing research on migrant smuggling for current and future programme design, it is imperative to gain an overview of the current state of knowledge on the subject by consolidating the existing literature on the subject in one comprehensive and informative background document. This has been done through The Global Review and Annotated Bibliography of Recent Publications on Smuggling of Migrants (Global Review).
The publication Smuggling of migrants into, through and from North Africa: A thematic review and annotated bibliography of recent publications is the second in a series of unique publications produced by UNODC. Recognizing, however, that irregular migration and smuggling flows are transnational in nature, the review goes beyond North Africa, to also cover sub- Saharan African and European countries affected along the various smuggling routes. The aim of the review is twofold: to describe major findings on smuggling of migrants; into, through and from North Africa, and to highlight the need for further research on specific issues that have not yet been studied.
A 2011 report investigates the the involvement of organized criminal groups in the smuggling of migrants from West Africa towards the European Union (EU). Information in the report was compiled by a team of researchers from West Africa and Europe using both documentary studies and field research conducted in Mali, the Niger, Nigeria and Spain. Read more here