Workshop on Trafficking in Women and Children

Presented by:

Loly Rico and Clara Ho

What we will cover

Root causes of trafficking What is Canada doing? Definitions, protection, legal options Case Studies Practical tips for service providers Possible Actions

Root Causes of Trafficking

Not a new issueTwo reasons why it is increasing

– social, economic and political causes

– gender issues

Causes (cont’d)

Social, economical and political causes:

Profitable industryGlobalizationPoor economic conditions in South

Conflicts

Gender Analysis

Gender Inequality (patriarchy)The media Supply and demand (for labour

i.e. sex workers, migrant workers, domestic workers)

Some statistics

~ 8,000-16,000 illegal migrants trafficked into Canada annually

UN estimates 700,000 people are trafficked annually worldwide

Global revenues of trafficking:

– US $10 Billion

Palermo Protocol

On May 13, 2002, Canada ratified the: Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime

Definition of trafficking

“Trafficking in persons” shall mean: recruitment, transportation, harbouring or

receipt of persons by use of threat, force, other forms of

coercion, abduction, fraud, deception for the purpose of exploitation

Article 6 of the Palermo Protocol

State governments to provide assistance and protection to victims, including:

Information on relevant court and administrative proceedings

appropriate housing counseling and accessible information

(especially with respect to their legal rights) medical, psychological, and material assistance;

and employment, educational and training

opportunities

Recent Developments:

February 2007 -- Report of the Standing Committee on the Status of Women titled: “Turning Outrage into Action to Address Trafficking for the Purpose of Sexual Exploitation in Canada”

RCMP established Human Trafficking National Coordination Centre (HTNCC) within Immigration and Passport Branch at Headquarters in Ottawa

Recent Developments (cont’d)

First human trafficking charges laid in Vancouver: November 2004

Bill C-49 An Act to Amend the Criminal Code (Trafficking in Persons) received Royal Assent on 25 November 2005

Recent Case in Montreal of couple accused of human trafficking; case involves allegation of forced labour

What does Canada provide to victims?

TRP (Temporary Resident Permit) for Victims of Trafficking in Persons (VTIP) (May, 2006). Issued at the discretion of the Immigration Officer following an interview of the victim.

TRP

An Officer required to consider: any sign that recruitment of individual

was fraudulent or coerced, indication that individual was coerced

into employment or other activity indication that conditions of

employment/activity were exploitive or the individual’s freedom was restricted

What does the TRP get you?

180 days (short-term) with a possibility of extension at the discretion of CIC

Victims also allowed to apply for a work permit

IFH coverage (Interim Federal Health Coverage), including medical treatment and counselling services

Updated as of June 19, 2007

Criticisms of the TRP

victim must establish that he/she is a victim

no provision to apply for permanent status

there is automatic consultation with CBSA or RCMP

Identifying a person who has been trafficked:

-This may be difficult considering such persons will not feel comfortable in disclosing their situation

-This may be difficult because such persons may not consider themselves to be trafficked

- You may learn after a few visits that your client has been trafficked into Canada

Potential Health Risks Faced by Women who are trafficked

Food and sleep deprivation Physical injuries: bruises, broken bones or teeth,

cuts, burns Sexually transmitted diseases/infections, unwanted

pregnancies Anxiety, post-traumatic stress, psychological

conditions, depression, suicideStewart and Gajic-Veljanoski, “Trafficking in Women: the

Canadian perspective”, CMAJ, July 5, 2005 173(1)

Tips for service providers:

Figure out if the client is living in a safe space. If not, find a shelter that is adequate for the client’s security and respect of their human rights.

Provide the client with appropriate referral counselling and medical services to the extent possible. This may mean contacting a CHC (community health centre) on your client’s behalf

Tips for service providers:

Determine the client’s immigration status; how they entered into Canada; if they have made a refugee claim and, if so, where they are in the process in order to provide them with the appropriate services.

Determine if your client has or needs any legal representation. If so, assist them in applying for legal aid.

Tips for service providers:

Legal aid is available for people who: 1) meet financial eligibility criteria (on social

assistance/ earn less than a certain amount annually)

2) convincing case where there grounds for success

3) for refugee claimants, come from a country where there is a 50 % chance of success in winning the case

Tips for service providers:

Confidentiality is important when working with a client who is a victim of trafficking. Ask for your client’s consent before sharing personal information with colleagues or other community agencies who are assisting your client.

If possible, try to provide culturally appropriate and accessible (i.e. through an interpreter if your client does not speak English) services to your client. Make sure to inform your client about what is happening at each stage of his/her case

Tips for service providers:

Assist your client in securing financial support whether that be through employment or through social assistance. If your client is employed, find out his/her working conditions

Always ask your client for consent prior to contacting the authorities, making sure your client understands what legal obligations are as a service provider.

Get to know officers who work at your local division. It is important to develop relationships of trust so that you know you can call these officers to ask questions without necessarily having to provide details about a client