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Trafficking in Human Beings

 

 
 

 

Human trafficking has been defined in the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children” (known as the “Palermo Protocol”) to the United Nations Convention on Transnational Organised Crime (UNTOC), which Malta ratified on the 24th September 2003.
 
Click here to access The Palermo Protocol.
 
Human trafficking is also defined in the 2010 Council of Europe Convention on “Action against Trafficking in Human Beings”, known as the Warsaw Convention. Click here.
 
An offence of Human Trafficking entails an infringement of the provisions of the Criminal Code (Cap. 9 of the Laws of Malta) falling under the heading ‘Of the traffic of persons.’ Click here.
 
A person may be accused of human trafficking if he/she exploits another person in: 
 
     the production of goods or the provision of services (including working in conditions that infringe labour standards, prostitution and other sex-related services); 
     slavery or practices similar to slavery; 
     servitude; 
     activities associated with begging; or, 
     other activities, including the removal of any organ of the body.

In order for a trafficking accusation to subsist, the exploitation of a person of age (18 years and over) would be conducted by means of: 

     violence or threats, including abduction; 
     deceit or fraud; 
     misuse of authority, influence or pressure; or 
     the giving or receiving of payments or benefits to achieve the consent of the person having control over another person.  

 
If the victim of human trafficking is a minor (under 18 years of age), the person abusing him or her may be considered a trafficker even if the means referred to above (e.g. violence or threats) have not been used. Therefore, if a minor is say recruited and transported to Malta for the purpose of sexual exploitation, the person conducting such operation would still be subject to prosecution as a human trafficker even if the minor has not been abducted, and/or subjected to violence and/or has not been deceived by the trafficker at any stage.
 
Typically a human trafficker forces another person to perform acts or work against his or her will. For this reason human trafficking is an offence against the individual’s freedom and dignity.
 
Human Trafficking is not migrant smuggling. Whilst human trafficking is exploitation-based, migrant smuggling is transportation-based.
 
Migrant smuggling, which is defined in the UNTOC “Protocol against the Smuggling of Migrants by Land, Sea and Air”, is the activity whereby a person is brought to Malta in contravention of the Immigration Act (Cap. 217 of the Laws of Malta).
 
The smuggler is therefore involved in the unlawful transportation, or the facilitation of the unlawful transportation of migrants from another State to Malta. Alternatively, a migrant smuggler may facilitate the unlawful transportation of a migrant from Malta to another State.
 
Therefore, the smuggler facilitates irregular migration, and his or her relationship with the smuggled person is based on the payment of a fee by the smuggled person in return for the aforementioned unlawful transportation.
 

 
Trafficking for the purpose of Sexual Exploitation
 
Victims of trafficking for sexual exploitation can be women or men, girls or boys. Students and job seekers may fall victim to human trafficking for sexual exploitation, as the traffickers would lure them with promises of better work or educational opportunities abroad.
 
Traffickers usually intimidate and control their victims. Such control may be exercised by physically locking up the victim or by resorting to less obvious means, such as threatening to harm family members in the country of origin or through debt bondage.
 
It should also be noted that a person may knowingly decide to work in the sex industry, including prostitution, but consequently be forced to continue providing sex-services or prostitution. In such cases, the exploiter would still be regarded as a human trafficker at law and the victim as a victim of human trafficking.
 
Trafficking for Forced Labour
 
A person may be ‘assisted’ by a human trafficker to travel to another country (including by legal means) in order to take up employment there. The victim would be assigned a particular job, usually underpaid, and told to pay back the trafficker for having ‘assisted’ with the travel arrangements and/or any other matter. This often brings about a situation of debt-bondage, particularly as interests at a high rate would often have to be paid.
 
Such victims would typically be employed by the trafficker or a close associate, and may be controlled by several means, including physical segregation. There may be instances where such victims would have no knowledge of the language of the host country, thereby further increasing their vulnerability through inability to communicate. Such victims may also be living and working in sub-standard conditions, further to working excessively long hours.
 
Other forms of Trafficking
 
Other forms of trafficking have been encountered in Europe and elsewhere, including the trafficking of children for the purpose of conducting petty crime and begging activities, as well as organ removal, among others.
 
Human Trafficking is an ever-changing phenomenon and forms of exploitation and the profiles of victims may change over time.
 
Cases of human trafficking in Malta
 
The cases of human trafficking encountered in Malta so far involved the sexual exploitation of women, with the victims being mainly east Europeans who would have entered the country legally.
 
Investigations and procedures relating to other cases, including alleged cases of human trafficking for labour exploitation, are ongoing.
 

 
Victims of human trafficking can be found in a variety of situations. Any person, professional or otherwise (e.g. neighbour), can come across victims of human trafficking and can play an important role in their identification.
 
What is an ‘indicator’ of human trafficking?
 
An indicator is a fact or even an attitude adopted by a person that may point to a human trafficking situation, as such fact or attitude is often associated with a human trafficking situation.
 
The indications hereunder outline what one is to look for when encountering potential victims:
  
     Is the victim in possession of identification and travel documents; if not who has control of the documents?
 
Remember that a trafficker seeks to exercise control over his or her victims, and therefore he or she may take possession of documents.
 
     Does the victim show distrust towards the authorities?
 
Remember that the victim may have been told that if he or she is apprehended by the authorities he or she would be deported, or suffer some other undesirable consequences. Deception often plays a central role in human trafficking.
 
     Does the victim have restricted or controlled freedom of movement?
 
Remember that some traffickers actually control the physical movement of their victims and sometimes have them accompanied by someone else wherever they go.
 
     Was the victim recruited for one purpose and forced to engage in some other job?
 
Remember that deceit is a major component of human trafficking offences.
 
Before departure from their home country victims are told that they would be performing specific well-paid jobs, possibly including glamorous activities such as modelling, or that they would gain access to educational opportunities, only to find out, upon arrival, they are being forced into prostitution or into under-paid jobs, often in very poor working conditions.
  
     Is the victim being held in compulsory service in payment of a debt?
 
Remember that bondage through debt is a form of control that may be exercised by human traffickers. Although some cases of usury may only involve usury itself, others may in fact involve other crimes, including human trafficking. Foreign victims are forced to perform a certain job, often under-paid and in poor conditions, in order to pay back the trafficker for having arranged their trip to the country of destination.
  
     Does the victim show any signs that appear to be the result of the use of control measures, such as use of force or threats?
 
Remember that some victims have suffered from prolonged psychological abuse, as a result of which they may be withdrawn and intimidated. Others would also have suffered physical abuse, possibly including rape.
 
     Was the victim forced to perform sexual acts or engaged in commercial sex?
 
Remember that trafficking for the purpose of sexual exploitation is one of the main forms of this crime. Moreover, a victim trafficked for other purposes may be sexually exploited as well.
  
     Has the victim been subjected to violence or threats of harm against her/himself or against family members or loved ones?
 
Remember that threats constitute one of the means whereby a trafficker exercises control. Traffickers that are in a position to convince their victims that they may cause harm to their family members are often able to control such victims without resorting to physical forms of control, including incarcerating the victim.
 
Such cases may be more difficult to detect because control is exercised subtly.
  
     Has the victim been deprived of basic needs, medical care or other life necessities?
 
Some victims of human trafficking suffer from several forms of abuse, including neglect. Restrictions on their communications may mean that they would have been unable to seek medical attention.
  
     Has the victim been unable to communicate freely with members of the family or friends?
 
Remember that a trafficker will seek to isolate his or her victims, in order to exercise full control over their lives.
 
     Has the victim been living in an unsuitable place or in the same place where he/she works?
 
Remember that some victims of human trafficking are accommodated in poor living conditions and some even live in big groups in a small place. This consideration however has to be looked at in the light of any other circumstances surrounding the alleged victim, since this scenario could also subsist in cases of illegal immigration.
  
    In the case of a juvenile, has the victim been engaged in work that is not suitable for children?
 
Child trafficking is also an unfortunate reality. As for adults, children could be forced into prostitution or labour trafficking.
  
     Has the victim been subjected to domestic servitude?
 
Remember that some traffickers restrict the movement of their victims and make use of their services in specific contexts where it is easy for them to exercise control. Such victims would be forced to work for excessively long hours, further to being also prone to other forms of abuse, possibly including violence and rape.
 

 
Aġenzija Appoġġ, free phone 179
 
Aġenzija Appoġġ is the national agency providing social welfare support services. Such services are also offered to victims of Human Trafficking. In this regard, Aġenzija Appoġġ provides shelter facilities and professional support to respond effectively to the needs of victims of human trafficking.
 
Aġenzija Appoġġ can be contacted by means of free phone 179, which is intended to provide information and initial assistance and support to victims.
 
Police, ‘Crime Stop’ number 119 or, in case of an emergency, 112
 
If you think that you are a victim of human trafficking you are urged to contact the Police authorities at the very earliest possible opportunity: call ‘Crime Stop’ number 119 or, in a situation of emergency, 112.
 
The Police will ensure that you are separated from the trafficker. They will also refer you to Aġenzija Appoġġ for you to receive the support you need, including shelter.
 
If you are not a victim, but have reasons to suspect that someone you know is, then it is your duty to report to the Police authorities either on ‘Crime Stop’ number 119 or, in case of an emergency, 112.
 
Human Trafficking is a crime against the individual’s freedom and dignity- help us put an end to it!
 
 
National Level
 
The Maltese Government is fully committed to the fight against human trafficking, and whereas a number of initiatives have been undertaken over the years, efforts have been stepped up, particularly pursuant to the nomination of an Anti-Human Trafficking Coordinator and an Anti-Human Trafficking Monitoring Committee by the Prime Minister. Moreover, a Stakeholder Task Force at operational level has been set up pursuant to the adoption of the National Action Plan on Combating Trafficking in Persons.
 
Malta’s first National Action Plan on Combating Trafficking in Persons was implemented over the period 4th quarter 2011 to 4th quarter 2012. The report on the implementation of this Action Plan is available here.

The second National Action on Combating Trafficking in Persons, which covers the two years 2013 and 2014 has also been adopted by the Monitoring Committee. This Action Plan, the implementation of which will be monitored by the same Committee, is available here.
  
EU level
 
An EU Anti-Trafficking Coordinator has been appointed with a view to monitor the situation at the European level. Regular meetings are held with national rapporteurs from the Member States.
 
The EU Group of Experts on trafficking in human beings was set up by the European Commission in 2003. The aim of the Group is to provide the European Commission with expertise and advice regarding the approach to be taken towards trafficking in human beings.
 
The Group has contributed substantially to the development of an active anti-trafficking policy over the years. In 2007, the scope of the Group was extended to adapt to new developments in the anti-trafficking field. This included changes deriving from EU enlargement and the need to ensure specific expertise in the field of trafficking for labour exploitation.
 
The related website may be accessed by clicking here.
 
The EU has also adopted its anti-trafficking strategy and further information may be found here.
 
A selection of EU legislation on the subject can be consulted as follows:
 
     DIRECTIVE 2011/36/EU preventing and combating trafficking in human beings and protecting its victims
 
     DIRECTIVE 2004/81/EC: residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities
 
 
International level
 
Various international organizations have developed programmes and expertise in the fight against human trafficking and the protection of victims. Relevant information is available at the following websites:
 
     International Labour Organization, ILO
 
     International Organization for Migration, IOM
 
     Organization for Security and Cooperation in Europe, OSCE
 
     United Nations’ Office on Drugs and Crime, UNODC
 
     United Nations’ Children’s Emergency Fund, UNICEF, with respect to the specific needs of child victims
 
Since 2001 the Government of the United States has strongly engaged in the fight against human trafficking. The Trafficking in Persons (TIP) Report is the U.S. Government’s principal diplomatic tool to engage foreign governments on human trafficking. The report represents one of the most comprehensive resources of governmental anti-human trafficking efforts and reflects the U.S. Government’s commitment on this key human rights and law enforcement issue. The report also represents an updated, global look at the nature and scope of trafficking in persons and the broad range of government actions to confront and eliminate it.

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