Trafficking in Persons Report 2012 Brunei

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UNODC - United Nations Office on Drugs and Crime

There is no single reason why children are trafficked but instead, there are a range of factors which when compounded make certain children vulnerable to being trafficked. These include individual factors such as life experiences, skills, knowledge, personal documentation and the physical environment in which the individual child lives, such as experiences of violence or abuse and homelessness, family-related factors such as abuse, or cultural practices that allow parents strong control over children. Other factors that contribute to vulnerability include cultural practices such as the marriage of young girls, as well as a lack of birth registration, which is particularly problematic in rural areas or among hill tribe populations Joudo Larsen Demand for child trafficking is driven by a demand for cheap or exploitable labour, sex with children, adoption outside of legal channels and marriage UNICEF Reports indicate that some of the conditions child victims are subject to include long hours, confiscation of earnings, beatings, threats of violence and fear of arrest ARTIP Children are particularly vulnerable to trafficking in Indonesia, as a significant number of children under the age of five years do not have official birth certificates US Department of State Recruitment of Indonesian girls through social networking websites has been noted as an increasing problem US Department of State Natural disasters have also been identified as increasing the risks of exploitation and harm of children.

For example, children orphaned following the Indian Ocean tsunami in have been trafficked domestically for child labour IDLO or illegal adoptions Joudo Larsen et al. The IOM Indonesia CTM database also contains a wealth of information regarding the process of trafficking including methods of recruitment, types of promised work and conditions, and actual work and conditions including salary at the destination and forms of movement.

This section summarises the data available in each of these areas.


Trafficking and other forms of exploitation in the southeast Asian region are known to occur within existing migratory pathways, primarily driven by the desire for greater economic opportunity, with the majority of persons using the services of a broker or agent in facilitating migration and employment Joudo Larsen ; IOM More than one in four trafficked persons in the sample were recruited through informal networks. This included partners, neighbours, family members, friends and acquaintances. In fact, economic problems were nominated by the vast majority of trafficked persons as the reason for leaving their home village.

Information regarding both promised and actual salary was available in cases see Figure 2. IOM also asked trafficked returnees whether they fell victim to either full or partial deprivation of wages. A further 13 percent of women and 32 percent of men had part of their wages withheld. This is most likely due to the fact that most women found themselves in domestic service, which due to the nature of the employment, is less likely to involve set hours of work.

Given that the southeast Asian region is known to be a significant source of trafficked persons, ASEAN ; Joudo Larsen ; UNODC and that empirical data relating to trafficking is limited, analysis of the CTM provides a unique insight into the nature and extent of trafficking in persons in the southeast Asian region.

An exploration of the IOM CTM data revealed a number of interesting findings that were consistent with relevant literature:.

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However, and rather significantly, analysis of IOM data revealed that women and children trafficked into the sex industry represent only a small number of the total. In fact, women and children were considerably more likely to be trafficked into industries other than the sex industry, which contradicts some of the relevant literature UNODC It is possible that this is due to an increased understanding and acceptance regionally of trafficking into industries other than the sex industry, both among trafficked people and service providers.

Australia and the anti-trafficking regime in Southeast Asia

The lack of reliable statistics on people trafficking makes it a challenge to develop evidence-based responses. Data such as that collected by the IOM in Indonesia adds great value to research on trafficking in persons and increases knowledge about the causes, processes, and nature of and impact of trafficking.

However, analysis of the IOM Indonesia CTM dataset also illustrates the need for more reliable and standardised data collection in other countries to better inform anti-trafficking efforts. The AIC is currently investigating the development of a national minimum dataset to improve knowledge of people trafficking in Australia. Experiences of trafficked persons: An Indonesian sample. Adam Tomison Director Much has been written about the paucity of data on trafficking in persons, including barriers to collecting information and the lack of reliable and standardised collection methodologies.

Box 1 Definition of trafficking in persons Trafficking in persons is defined in Article 3a of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children as: 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.

2012 Trafficking in Persons Report - Brunei

Figure 2: Promised versus actual salary in USD n. Canberra: Australian Institute of Criminology. The first decade of the mandate of the Special Rapporteur on trafficking in persons, especially women and children Annex : Basic Principles on the right to Effective Remedy for victims of trafficking. Innovative and transformative models of social inclusion of survivors of trafficking in persons into societies.

Early identification, referral and protection of victims or potential victims of trafficking in persons in mixed migration movements. Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains. Second consultative meeting on strengthening partnerships with national rapporteurs on trafficking in persons and equivalent mechanisms. Stocktaking exercise on the work of the mandate on its tenth Anniversary.

Addendum - Stocktaking exercise on the work of the mandate on its 10th anniversary. Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking.

A human rights-based approach to the administration of criminal justice in cases of trafficking in persons. Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons. The prevention of trafficking has recently been discussed in context of the debate over the Modern Slavery Act , proposed in Australian Government b.

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Up until recently, New Zealand has focused almost exclusively on prevention activities in relation to trafficking, with authorities operating under an assumption that New Zealand is affected by trafficking only to a very limited degree, if at all New Zealand Department of Labour New Zealand ratified the UN Trafficking Protocol in and updated its legislation Crimes Act to include the offense of human trafficking, but only in the context of international border crossings Sections 98C and 98D.

Trafficking has not been considered to pose a major challenge in New Zealand, despite various allegations e. The Plan of Action to Prevent People Trafficking New Zealand Department of Labour includes prevention measures such as awareness-raising, international engagement, and development assistance.

View of What's Wrong with the Global Slavery Index? | Anti-Trafficking Review

Recently, New Zealand has placed more emphasis on the use of criminal law and acknowledged that the country is not completely immune from trafficking. The first trafficking prosecution was completed in regarding the trafficking of 18 Indian nationals into forced labor in — ; however, the accused were only found guilty of immigration fraud. In , the first successful trafficking conviction was obtained against a Fijian national, Mr. Faroz Ali, for 15 human trafficking charges: a further case, involving deceived Bangladeshi citizens, proceeded to charges in New Zealand Immigration In , the government also made its first certifications of trafficking victims, providing them with temporary visas.

Unlike in Australia, which has a system of visas and assistance in place that is specifically designed for this purpose, assistance arrangements in New Zealand are still managed on a case-by-case basis. The Bali Process includes all ASEAN states and involves an uninstitutionalized mechanism of policy coordination and forum for dialogue in the region Emmers et al.

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The Bali Process, in which also New Zealand participates, has helped to shape regional policy direction in Southeast Asia via non-binding regional policy guides, intended for use as reference tools e. However, as Schloenhardt and Jolly point out, the Bali Process was conceived of as a regional response to irregular migration and is predominantly focused on anti-smuggling, a strong priority for Australia.

It therefore treats trafficking largely as a form of migration and transnational crime, reinforcing a focus on security-driven initiatives and criminal justice responses. TRIANGLE II aims to improve access to safe and legal migration channels and better jobs, where rights are protected and skills recognized during migration and on return. TRIANGLE is a modest start to addressing the common criticism that the Australian regional response has been much more focused on advocating for tougher law enforcement and criminal justice cooperation than seriously tackling the root causes of trafficking, such as inequality and the lack of safe migration opportunities in the region Burn et al.

It has been proposed that Australia could play a greater role regionally, including via providing more secure funding Australian Government a : Similarly, it has been suggested that Australia could give more support to Southeast Asia dedicated to the protection of victims of trafficking Song : Similar comments could be made in relation to New Zealand, which is also a member of various international organizations and fora which address trafficking and offer development assistance for anti-trafficking projects in developing states New Zealand Department of Labour The development and implementation of anti-trafficking responses in Southeast Asia and Australasia makes it clear that the UN Trafficking Protocol has been deeply influential in encouraging the adoption of legislation.

Despite many intra-regional differences, the central role of criminal law and criminal justice cooperation is visible in both Southeast Asia and Australasia, now also in New Zealand. The law enforcement agenda that goes hand in hand with the idea that trafficking involves sophisticated transnational organized criminal networks may not always fit with the evidence that suggests trafficking is highly dynamic and context-specific and may also occur via small-scale or loose networks and middlemen.

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Moreover, when both the prevention of trafficking and protection of victims are seen through the lens of sophisticated transnational crime, their potential may be marginalized. The protective frameworks in Southeast Asia are still relatively weak and do not always focus on victims as individuals whose rights have been violated. Prevention measures also rarely go beyond deterrence and crime prevention. Trafficking in human beings is deeply embedded in the regional settings of Southeast Asia and Australasia.

This suggests that the effectiveness and comprehensiveness of anti-trafficking measures can be improved by developing safe migration opportunities, protecting migrant workers and addressing the inequalities that sustain the exploitation of migrants. Protecting the rights of migrant workers should become a priority for ASEAN, which could build on ACTIP and work toward the development of more comprehensive legal frameworks on preventing exploitation and promoting safe migration; Australasia should encourage the development of accountability mechanisms both as part of domestic efforts and as part of broader regional prevention efforts.

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Introduction This chapter examines the responses to trafficking in human beings in the Asia-Pacific region, focusing on the Southeast Asian states i. The Nature and Scope of Trafficking in the Region All Southeast Asian states serve as source, transit, or destination countries, but often in varying degrees — many are mainly characterized as source countries e. Prosecution, Protection, and Prevention Both awareness of and responses to trafficking in human beings in Southeast Asia predate the adoption of the UN Trafficking Protocol, but the introduction and implementation of policy measures has intensified since its adoption e. Partnership All Southeast Asian states are affected by regular and irregular migration and trafficking, but international cooperation and policy development at the regional level have been hampered by the legacies of prior confrontation and existing tensions in interstate relations e.

Andrevski H, Lyneham S Experiences of exploitation and human trafficking among a sample of Indonesian migrant domestic workers. Australian Government a An Inquiry into human trafficking, slavery and slavery-like practices. Australian Government b Hidden in Plain Sight.

Australian Law Journal 79 9 : — Google Scholar. Carville O , Sept. NZ Herald. Chapman-Schmidt B Sex in the shadow of the law: regulating sex work and human trafficking in Singapore. Davy D Justice for victims of human trafficking in Australia? Available via EJF. Accessed 24 May Farrelly N Exploitation and escape: journeys across the Burma-Thailand frontier. Gallagher A The international law of human trafficking. Guth AP Human trafficking in the Philippines: the need for an effective anti-corruption program.

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