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1
HUMAN TRAFFICKING
“THE JAMAICAN GOVERNMENT'S POSITION”
3/12/2015Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
1-888-PROTECT
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
2
CONTEXTUAL BACKGROUND
• Prior to doing an elaboration on the Government’s position on
human trafficking, an appropriate contextual background is being
provided
• to highlight the nature of this offence and its serious
implications, and outline
• the proactive and vigilant response of the Government of Jamaica
to this scourge3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
3
WHAT IS HUMAN TRAFFICKING?
•Definition I• Criminal offence
committed when someone obtains or holds a person in compelled
service
It involves the exploitation of another for the purposes of
compelled labour or commercial sex act through the use of force,
fraud or coercion
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
4
WHAT IS HUMAN TRAFFICKING ?
DEFINITION II According to the UN Palermo Protocol:, there are three main
ingredients:
• Activity – recruitment, transportation, transfer, harbouring or receipt of persons
• Means – Deception, threats, abuse of power, fraud and abduction
• Purpose – Exploitation of Persons - Prostitution, sexual exploitation, forced labour, slavery servitude and forced marriage
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
5
MODUS OPERANDI OF TRAFFICKERS
• Promise of good job in another country
• Kidnapping potential victims
• Advertising “too good to be true” jobs in the
newspapers, on social media sites and the internet
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
6
THE JAMAICAN SITUATION
• Jamaica is classified as a source, transit and destination country
• Risk factors include – unemployment, poor education
• Motivating factor – economic need
• 2007 Study - Dunn & Ricketts showed:Majority of victims are females
Children and women are most vulnerable groups
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
7
GOVERNMENTAL RESPONSE/POSITION
•Government is committed to the cause of combating human trafficking employing a proactive, vigilant and remedial approach
•Position is strategically aligned to the UN Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, reflected in our domestic legislation
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
8
GOVERNMENTAL RESPONSE/POSITION II
•Buttressed by the Minimum Standards for the elimination of Trafficking in Persons and heightened awareness of the social realities that persist in Jamaica
•Guided by the 3-P approach – Prevention, Protection and Punishment, executed by the National Taskforce Against Trafficking in Persons
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
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THE THREE P’S APPROACH
•Prevention
•Protection
•Prosecution3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
10
PREVENTION• Research has shown that little or no education increases vulnerability and provides the basis and rationale for the Prevention Strategy
• Education allows all citizens, especially children, to guard against its negative impact
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
11
PREVENTION• There is an extensive public education and outreach campaign
including:
• Engaging in Outreach Programmes for schools
• Developing Outreach Project for parents, teachers and guidance counselors
• Collaboration with various media entities to produce creative programmes to further highlight the dangers of human trafficking
• Using social media and other message applications3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
12
PREVENTION
• Training of relevant State actors
• Sensitizing young women at nightclubs and massage
parlours on the dangers of trafficking
• Incorporation of TIP in the JCDC Competitions for
20153/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
13
TIP CURRICULUM!!• Introduction of Trafficking in Persons at the secondary level
• To be commenced by September 2015 will seek to educate students about the dangers of Trafficking in Persons, a violation of human rights and the consequences associated with this offence
• Curriculum will inevitably cause children to become vigilant and proactive, capable of making informed decisions about their future
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
14
HEALTH SENSITISATION SESSIONS
•Sessions were conducted in the Ministry of
Health, where medical professionals were
sensitised on Mental Health in children and
the issue of human trafficking3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
15
PROTECTION• Guidance is also provided by The Minimum Standards for the elimination
of Trafficking in Persons, which stipulates that Governments should
protect victims of severe forms of trafficking and encourage their
assistance in the investigation and prosecution of such trafficking
• Given the serious issues relating to victim protection, including fear of
reprisals and death threats, the Government is vigilant in its stance to
safeguard against these effects, by employing various measures
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
16
PROTECTION•Operation of TIP Shelter to house victims
• There is ongoing collaboration with Non-Governmental Organizations in identifying additional shelter
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
17
PROTECTION• Legislative provisions – The Trafficking in Persons (Prevention,
Suppression and Punishment) Act 2007 and its 2013 Amendments
contain detailed provisions
• Assistance in understanding the laws of Jamaica and their rights as
victims
• Assistance in obtaining the relevant documents and information to
assist with legal proceedings
• Assistance in meeting expenses related to criminal proceedings
against the traffickers3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
18
PROTECTION•Witness Protection Programme
• Placement of high-risk victims in the care of the Witness
Protection Programme, where they are needed for trials
•Memorandum of Understanding• Development of a Memorandum of Understanding with the
aim of establishing a standard protocol to govern TIP data
collection and information sharing among key stakeholder3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
19
PROSECUTION/PUNISHMENT
• Vigilance in tracking, investigation and prosecution to ensure
that the perpetrators of this horrific crime are punished
• Guidance is also reflected in The Minimum Standards for the
elimination of Trafficking in Persons, which prescribes that
Governments should vigorously investigate and prosecute severe
forms of Trafficking in Persons 3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
20PROSECUTION/PUNISHMENT
•The legislation prescribes the measures to
be taken in securing a prosecution, including
procedures relating to entry on premises,
search, and seizure of potential evidence3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
21
PROSECUTION/PUNISHMENT
JCF Trafficking in Persons Unit• Establishment of a Trafficking in Persons Unit at the Jamaica Constabulary
• During 2014/15, thirty-one raids were conducted ; twelve victims were
identified and rescued
• Thirty-five new trafficking in persons investigations launched
• Five persons were arrested and charged
• Eighteen others were arrested and charged for offences akin to human
trafficking
• Displacement of two of the major prostitution rings in Kingston and St.
James
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
22
PROSECUTION/PUNISHMENT
Training of Police, Prosecutors and Judges
• The Police, Prosecutors and Judges have been sensitised to the nuances which may exist in prosecution of trafficking cases and in general handling of TIP matters
• The intention is to ensure that trafficking cases are effectively and expeditiously handled
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
23
PROSECUTION/PUNISHMENT
Appointment of a National Rapporteur
Most recently, a Rapporteur for trafficking in persons was appointed to
among other things
• Conduct independent examinations and investigations of reports of alleged human trafficking
• Report on violations, and
• Provide an analytical overview of the situation in trafficking in an annual report to the Government
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
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CONCLUSION• The Government continues on its proactive and vigilant stance in ensuring that the citizens of Jamaica and other persons resident in our island are made aware of human trafficking• Victims are afforded adequate protection and the offenders of this crime are punished
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
25
CONCLUSION
• The Government’s position ON Human Trafficking
is PROACTIVE, VIGILANT, RESTORATIVE and
REMEDIAL
3/12/2015
Carol Palmer, Chairman, National Task Force Against Trafficking in Persons
26
3/12/2015
•Be wise, open your eyes, spot them, stop them!