ANNUAL REPORT FOR 2011
andRESOURCE MATERIALSERIES No. 87

UNAFEI
Fuchu, Tokyo, Japan

August 2012

Tatsuya Sakuma
Director
United Nations
Asia and Far East Institutefor the Prevention of Crime andthe Treatment of Offenders(UNAFEI)
1-26 Harumi-cho, Fuchu, Tokyo 183-0057, Japan
http://www.unafei.or.jp
unafei@moj.go.jp

CONTENTS
INTRODUCTORY NOTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

v

PART ONEANNUAL REPORT FOR 2011
Main Activities of UNAFEI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  3
UNAFEI Work Programme for 2012  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  17
Appendix  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  19

PART TWOWORK PRODUCT OF THE 150TH
INTERNATIONAL SENIOR SEMINAR“TRAFFICKING IN PERSONS – PREVENTION, PROSECUTION, VICTIMPROTECTION AND PROMOTION OF INTERNATIONAL COOPERATION”
Visiting Experts’ Papers•

Human Trafficking Prosecutions
by Ms. Karima Maloney (USA)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  41•

Issues and Good Practices for Identifying Potential Trafficking Victims andInterviewing Victims
by Ms. Karima Maloney (USA)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  73•

Global Programme Against Trafficking in Persons
by Mr. Martin Fowke (UNODC)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  94•

Human Trafficking: A Challenge to Thailand and the World Community
by Mr. Wanchai Roujanavong (Thailand)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  134

Participants’ Papers•

Trafficking in Persons in Papua New Guinea: An Emerging OrganizedTransnational Criminal Activity
by Mr. Anthon Billie (Papua New Guinea)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  150•

Preventing Human Trafficking in the Philippines: Overview and Current Activities
by Ms. Aileen Marie S. Gutierrez (Philippines)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  156•

Best Practices in the Protection, Prevention, and Prosecution of Human
Trafficking Cases in Zamboanga Cityby Ms. Darlene Reyes Pajarito (Philippines)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  164iii

Reports of the Seminar•

Effective Detection, Investigation and Prosecution of Trafficking in Persons
with Special Focus on International Cooperation
by Group 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  172•

Victim Assistance and Prevention
by Group 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  176

APPENDIX  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  183

iv

INTRODUCTORY NOTE
It is with pride that the United Nations Asia and Far East Institute for the Prevention of Crimeand the Treatment of Offenders (UNAFEI) offers to the international community the Resource
Material Series No. 87.
This volume contains the Annual Report for 2011 and the work produced in the 150th
International Senior Seminar, conducted from 12 January to 9 February 2012. The main theme of
the 150th Seminar was “Trafficking in Persons – Prevention, Prosecution, Victim Protection andPromotion of International Cooperation”.
The “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women andChildren,” which supplements the United Nations Convention against Transnational Organized
Crime, recognizes human trafficking as a global problem. The Protocol entered into force on 25
December 2003, and its purposes are: (a) to prevent and combat trafficking in persons, paying
particular attention to women and children; (b) to protect and assist the victims of such trafficking,with full respect for their human rights; and (c) to promote cooperation among States Parties inorder to meet those objectives (Article 2).
Human trafficking is difficult to detect and particularly difficult to investigate and successfullyprosecute. It can often be difficult to obtain the full cooperation of its victims. Investigators andprosecutors need to know how to deal with these challenges. Further, a significant proportionof trafficking in persons cases are transnational, and even domestic cases may involve victims
or offenders who originate from an outside jurisdiction. These transnational elements aggravate
the complexity and difficulties of investigation and prosecution. Varying legal requirements andrestrictions, jurisdictional problems, differences in criminal law and procedure, lack of coordination,and translation and language problems are some of the most frequently experienced barriers tointernational cooperation and mutual legal assistance. The Trafficking in Persons Protocol also
requires States Parties to take certain measures to protect victims and prevent human trafficking.
UNAFEI, as one of the institutes of the United Nations Crime Prevention and Criminal Justice
Programme Network, held this Seminar to explore various issues that relate to anti-humantrafficking measures and strategies.
In this issue, in regard to the 150th International Senior Seminar, papers contributed by visiting
experts, selected Individual Presentation Papers from among the participants, and the Reports of
the Seminar are published. I regret that not all of the papers submitted by the participants of the
Seminar could be published.
I would like to pay tribute to the contributions of the Government of Japan, particularly the
Ministry of Justice, the Japan International Cooperation Agency, and the Asia Crime Prevention
Foundation for providing indispensable and unwavering support to UNAFEI’s international training
programmes.
Finally I would like to express my heartfelt gratitude to all who so unselfishly assisted in the
publication of this series; in particular, the editor of Resource Material Series No. 87, Ms. Grace
Lord.
August 2012

Tatsuya Sakuma
Director of UNAFEIv

vi

PART ONEANNUAL REPORTFOR 2011• Main Activities of UNAFEI• UNAFEI Work Programme for 2012
• Appendix

UNAFEI

MAIN ACTIVITIES OF UNAFEI

MAIN ACTIVITIES OF UNAFEI(1 January 2011 - 31 December 2011)
I. ROLE AND MANDATE
The Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI)
was established in Tokyo, Japan in 1961 pursuant to an agreement between the United Nations and theGovernment of Japan. Its goal is to contribute to sound social development in Asia and the Pacific region
by promoting regional cooperation in the field of crime prevention and criminal justice through training andresearch.
UNAFEI has paid utmost attention to the priority themes identified by the Commission on Crime
Prevention and Criminal Justice. Moreover, UNAFEI has been taking up urgent, contemporary problems in
the administration of criminal justice in the region, especially problems generated by rapid socio-economicchange (e.g., transnational organized crime, corruption, economic and computer crime, and the reintegrationof prisoners into society) as the main themes and topics for its training courses, seminars, and research
projects.

II. TRAINING
Training is the principal area and priority of the Institute’s work programmes. In the international
training courses and seminars, participants from different areas of criminal justice discuss and studypressing problems of criminal justice administration from various perspectives. They deepen theirunderstanding with the help of lectures and the advice of the UNAFEI faculty, visiting experts and ad hoc
lecturers. This so-called "problem-solving through an integrated approach" is one of the chief characteristics
of UNAFEI programmes.
Each year, UNAFEI conducts two international training courses (six weeks in duration) and one
international seminar (five weeks in duration). Over the same period, 149 government officials fromvarious overseas countries receive fellowships from the Japan International Cooperation Agency (JICA),an independent administrative institution for Official Development Assistance (ODA) programmes, toparticipate in all UNAFEI training programmes.
Training courses and seminars are attended by both overseas and Japanese participants. Overseas
participants come not only from the Asia-Pacific region but also from the Middle and Near East, Latin
America, and Africa. These participants are experienced practitioners and administrators holding relatively
senior positions in the criminal justice field.
During its 50 years of existence, UNAFEI has conducted a total of 149 international training courses
and seminars, in which approximately 3,571 criminal justice personnel have participated, representing 117
different countries. UNAFEI has also conducted a number of other specialized courses, both country- andsubject-focused, in which hundreds of other participants from many countries have been involved. In theirrespective countries, UNAFEI alumni have been playing leading roles and holding important posts in thefields of crime prevention and the treatment of offenders and in related organizations.

A.	The 147th International Senior Seminar
1. Introduction
The 147th International Senior Seminar was held from 13 January to 10 February 2011. The main
theme was “Community Involvement in Offender Treatment.” Ten overseas participants and six Japaneseparticipants attended this Seminar.
2. Methodology
First, the Seminar participants introduced the current position regarding the role and function of criminal
justice agencies in their respective countries in regard to the seminar’s main theme. The participants werethen divided into two group workshops as follows:
Group 1: Effective Measures for a Smooth and Sustainable Rehabilitation and Reintegration Process
through Community Involvement

3

ANNUAL REPORT FOR 2011

Group 2: Effective Measures to Improve Treatment Programmes and Interventions through Community
Involvement
Each Group elected a chairperson, co-chairperson(s), a rapporteur, and co-rapporteur(s) in order tofacilitate the discussions. During group discussion, the group members studied the designated topics andexchanged views based on information obtained through personal experience, the Individual Presentations,lectures, and so forth. Later, Plenary Meetings were held to discuss the interim outline of the Group
Workshop reports and to offer suggestions and comments. During the final Plenary Meetings, drafts of
the Group Workshop reports were examined and critiqued by all the participants and the UNAFEI faculty.
Based on these discussions, the Groups further refined their reports and presented them in the ReportBack Sessions where they were endorsed as the Reports of the Seminar. The full texts of these Reports are
published in UNAFEI Resource Material Series No. 84.
3. Outcome Summary(i) Effective Measures for a Smooth and Sustainable Rehabilitation and Reintegration Process throughCommunity Involvement
Group One discussed community involvement under three headings: (i) Obstacles to the Reintegration of
Offenders; (ii) Institutional Treatment of Offenders; and (iii) Community-based Treatment of Offenders. The
fourth topic they addressed was (iv) Measures/Recommendations to enhance Community Involvement in
the Treatment of Offenders.
Beginning their discussion, several participants said treatment of offenders was not a priority in many
developing countries, as there are many basic problems to be addressed first. Also, prisons traditionallyoperate as closed communities, which fuels public mistrust and discourages openness and transparency.
The situation is worsened by the media that only highlights negative occurrences. Participants agreed that
communities often fail to see any beneficial link between themselves and offenders and so are not motivatedto become involved in their treatment. In addition, society views treatment of offenders as an exclusivefunction of government and believes that what is most needed for offenders is punishment. All participants
agreed that public perception of prisons and prisoners was the single greatest barrier that militates against
community involvement in the treatment of offenders and agreed that the following intervention strategies
could be used to reduce obstacles: (i) public campaigns utilizing politicians, public figures, celebrities,
and ex-offenders to increase awareness of the treatment of offenders; (ii) using the media to promoterehabilitation efforts to help change public perception; and (iii) to allow or encourage private organizations
and NGOs to lobby government for legislative/policy changes to improve openness and transparency inprisons and promote public confidence. It was generally agreed that private organizations’ and NGOs’
support is invaluable, as governments struggle to adequately provide many critical requirements for the
successful reintegration of offenders. Individuals, private organizations, and NGOs can be useful resources
to help motivate offenders during rehabilitation.
The group agreed that poor socio-economic conditions, low self-esteem, and poor attitude were factors
impinging on prisoners’ levels of motivation to rehabilitate. Participants from Japan added that education
was also critical to improve motivation levels and reduce recidivism. The Chairman remarked that both selfesteem and stable jobs are critical to levels of motivation, as are close family relationships and a connection
with the community. Participants expressed the view that it is the responsibility of different tiers ofgovernment and criminal justice practitioners to engage the community in the treatment of offenders rather
than waiting on the community to make the initial contact. To encourage support, the community must be
convinced of the benefits to be achieved, and said benefits should be evidenced by tangible results.
Participants supported the view that the economic independence of ex-offenders contributes to a decisive
reduction in recidivism rates and a safer society in which to live and work. The Group further agreed thatthe first six months after release are the most critical for ex-offenders, who are often estranged from family
and without economic support, and, as such, accommodation and job placement are most important.
The group identified the following five issues as the main obstacles to community involvement in thetreatment of offenders: (i) stigmatisation of offenders; (ii) lack of public awareness of the relation between
rehabilitation and crime reduction; (iii) inadequate approaches to the community by criminal justice4

MAIN ACTIVITIES OF UNAFEI

practitioners; (iv) limitations in legal frameworks; and (v) social exclusion of offenders. Following theircomprehensive discussions, they agreed upon the following recommendations to respond to the aforesaid
obstacles.
1.

In each country, the State organ responsible for justice and law and order should be the leader
in offender treatment. The first step is to ensure that judicial, police, and correctional officers
understand the necessity of giving treatment to inmates consistent with their inevitable return tosociety;2.

All correctional institutions should develop public relations strategies based on partnership withelectronic and print media;

3.

Public campaigns, including commercial spots on TV and radio, should also emphasise programmes
related to victims, especially compensation;

4.

Educational awareness should be developed and extended to schools and universities showing
the correlation between reintegration of ex-offenders and low recidivism. Reduction in social andfinancial costs should be highlighted.

5.

Successful strategies, such as Singapore’s Yellow Ribbon project, should be implemented, althoughnational strategies must reflect and respect the culture of the country for which they were developed;

6.

Present-day business analyses, such as SWOT and PESTLE, should be considered by judicial andcorrectional officers;

7.

Administrative frameworks of correctional facilities should allow correctional managers to search forand implement local solutions to specific problems;8.

Correctional managers should be encouraged to be proactive in garnering the support of bothindividuals and community organizations;

9.

Legal frameworks should be tailored to enhance community involvement in offender treatment aswell as to emphasise diversion and restorative-justice mechanisms;

10. Systems such as the Japanese Volunteer Probation Officer arrangment, which have been successfully
adopted by the Thai, Korean and Philippine criminal justice systems, should be considered,especially by countries with minimal community involvement in the treatment of offenders;
11. Correctional facilities should provide training focusing on employability skills, specifically related tocottage industries, in order to facilitate self-employment;
12. Government should provide tax incentives and subsidies for those private companies that accept
ex-offenders as their employees.

(ii) Effective Measures to Improve Treatment Programmes and Interventions through Community
Involvement
The group was assigned to discuss “effective measures to improve treatment programmes andinterventions through community involvement” and agreed to conduct its discussion in accordance with thefollowing agenda: 1) effective measures to rehabilitate offenders; 2) institutional treatment of offenders; 3)community-based treatment of offenders; 4) measures to enhance community involvement.
Regarding the rehabilitation of offenders, many participants stated that they are facing many difficult
problems because of their different social conditions, legal matters, governmental funding, etc. Many
countries wish to implement rehabilitation programmes, but they are expensive and priority has to be given
to other demands. Some countries are concentrating on matters such as pardon, amnesty, and gun control toboth prevent crime and to hasten the return of offenders to their communities. However, it is still important
to ensure that some rehabilitation should take place before offenders are released into their communities.
The Group discussed possible solutions to the problems in the institutional treatment of offenders. All
participants noted that the hesitance of institutional agencies to adopt open-door policies arises out of fear
and negative public perception. Participants therefore felt that private companies, non-governmental, andfaith-based organizations and individuals can play an important role in offender treatment and called foran open-door policy to incorporate them. The group also noted that the family has a great role to play to5

ANNUAL REPORT FOR 2011

facilitate offender treatment and resettlement and to curb recidivism. Another participant also suggested
the importance of proper criminogenic assessment of offenders’ needs, to stimulate participation of privatecompanies, organizations, and individuals.
All participants agreed that in some developing countries that have no alternatives to imprisonment,
review of existing legislation and enactment of new legislation should be introduced. Participants shared theviews that intensive media and public enlightenment campaigns should be implemented, like Singapore’s
Yellow Ribbon Project and the Japanese Movement for a Brighter Society, Thailand’s media and diplomats’open day visit to prisons, and the U.K.’s National Offender Management programmes. These programmes
have been proved to be effective in garnering community support in their respective countries.
All participants agreed that continuous community outreach should be reviewed to raise social awarenessand acceptance of offenders in society.
Additionally, some participants stated that HIV infection raises serious problems in offender treatment
and that the government and NGOs can support HIV infected inmates and help to reduce the stigma
attached to their diagnoses.
Following their discussions, the Group reached a set of conclusions, listed below, upon which they thenbased a set of recommendations, also listed below.

Conclusions
1.

From the lectures given by Visiting Experts, international evidence has clearly established that
offender treatment programmes are improved and more effective when appropriate cultural input
is allowed. Therefore all programmes adopted must be adapted to the cultural and socio-economic
situations of each country.

2.

Categories of serious crimes vary in each country. This depends on each country’s social conditions,
legal matters, and other realities. The levels of treatment of offenders are also varied from one
place to the other. Most developing countries are still faced with challenges that limit standards andrehabilitative assistance to offenders.

3.

The importance of offender rehabilitation needs to be emphasised throughout criminal justiceprocedure.

4.

The role of an offender’s family is important and needs to be included as early as possible in thecriminal justice process.

5.

Private organisations and individuals can play more important roles in institutional and communitybased offender treatment. Private enterprises can provide many services effectively or at low
cost. The huge resources derived from charitable organizations, voluntary associations, NGOs,
community-based organizations, including multi-national corporations, e.g. the Toyota Programme in
the U.K., should be harnessed to assist in offender treatment and management.

6.

Thorough needs assessment is important to guide community participation in offender treatment.

7.

Public relations campaigns, incentives, and awards are veritable motivational tools that canencourage community participation in offender treatment.

8.

Victim–offender reconciliation is necessary to enhance integration of offenders into society.

9.

Ex-offenders face difficulties in finding jobs and resettling after their prison terms due tostigmatisation, social exclusion, and rejection. Aftercare services for ex-prisoners are therefore
critical to help with reintegration.

10. Other obstacles that impede community involvement are: fear, stigmatisation, lack of understanding,indifference to offenders, sensational reporting by the media, lack of regulation or legislation, poor
funding, and inadequate resources.

Recommendations
1. Institutional Treatment Stage• To re-orientate the mindsets of the prison staff and offenders to allow the community to partner with6

MAIN ACTIVITIES OF UNAFEI

them, especially in the developing countries;• To ensure thorough assessment of the needs of offenders to guide the involvement of the community;• To promote vocational training for prisoners to increase their employability, including selfemployment;• To recommend an open-door policy for correctional institutions to enhance community involvement.
2. Community-Based Treatment Stage• To promote victim–offender reconciliation;• To promote government and community partnership in offender-aftercare services;• To recommend that the government support the community at the local level by providing funding toNGOs or CBOs, especially for the treatment of juvenile offenders;• To recommend that organizations, such as the U.N., promote voluntary associations targeted atoffender treatment;• To recommend that communities harness resources to establish and manage community-based
rehabilitation centres such as halfway houses and skill acquisition centres.
3. All Stages of Criminal Justice Procedure• To promote public-relations activities to raise public awareness;• To garner media support in public-relations activities;• To seek support for offenders’ families and offenders from relevant organizations;• To revise legislation and regulation to allow for community involvement;• To encourage charitable associations, NGOs, and multi-national corporations to be involved inoffender treatment;• To give incentives to organizations that employ ex-prisoners;• To educate young people about the harmful effects of crime and offer them a second chance;• To introduce collaborative court proceedings that involve lay people in sentencing;• To involve the community in the planning and delivery of offender treatment to encourage ownershipof the programmes;• To promote collaboration on human resources between the courts and the community;• To recommend that the government and NGOs support HIV infected inmates in an effort to reduce
stigmatisation.

B.	The 148th International Training Course
1. Introduction
The 148th International Training Course was held from 11 May to 17 June 2011. The main theme
was “Drug Offender Treatment: New Approaches to an Old Problem.” Eight overseas participants, twointernational observers, and eight Japanese participants attended this Course.
2. Methodology
The objectives of the Course were primarily realised through the Individual Presentations and Group
Workshop sessions. In the former, each participant presented the actual situation, problems, and future
prospects of their country with respect to the main theme of the Course. The Group Workshops further
examined the subtopics of the main theme. To facilitate discussion, the participants were divided into twogroups to discuss the following topics under the guidance of faculty advisers:
Group 1: The Criminal Justice Response to Treatment of Drug-Dependent Offenders
Group 2: Effective Interventions for Drug-Dependent Offenders
The two groups elected a chairperson, co-chairperson(s), rapporteur, and co-rapporteur(s) to organize
the discussions. The group members studied the designated subtopics and exchanged their views basedon information obtained through personal experience, the Individual Presentations, lectures, and so forth.
During the course, Plenary Meetings were held to discuss the interim outline of the Group Workshop

7

ANNUAL REPORT FOR 2011

reports and to offer suggestions and comments. During the final Plenary Meeting the drafts of the Group
Workshop reports were examined and critiqued by all the participants and the UNAFEI faculty. Based onthese discussions, the Groups further refined their reports and presented them in the Report-Back Sessions
where they were endorsed as the reports of the Course. The full texts of the reports are published in full in
Resource Material Series No. 85.
3. Outcome Summary(i) The Criminal Justice Response to Treatment of Drug-Dependent Offenders
The Group’s discussions mainly focused upon treatment for drug-dependent offenders in the view ofcriminal justice policy rather than medical policy, which views drug addiction as a chronic and relapsing
disease. The criminal justice model of treatment considers drug-dependent offenders “criminals”, while
the medical model considers them “patients.” Each country represented in the discussions has a “criminalmodel” of treatment, but only three — Thailand, Indonesia, and Afghanistan — have already introduced the“patient model” in conjunction with the “criminal model.” The Group agreed that drug-dependent offenders
are indeed patients suffering from chronic disease and in need of appropriate treatment. Such understanding,however, did not lead directly to a conclusion that national policies should be switched to a solely “patientmodel.” Some participants presented different views referring to the actual situation of each country, suchas the national budget or public consciousness; others gave their opinions that some circumstances may
disturb the immediate transition to the “patient model.” The direct and simple question of which model ismore appropriate to a particular country is to be decided through long-term and comprehensive discussions
nationwide in each country. Furthermore, even in countries that adopt the patient model, it is not that thecriminal model must be abandoned. Punishment of offenders is imposed if needed. It is not a matter ofchoosing one or the other; the crucial point is to maintain the proper balance in choosing either punishment
or treatment.
The Group decided to exchange opinions about criminal justice policy from a viewpoint of “initialintervention” (intervention at the earliest possible stage of dependency, which the Group considered themost effective form of intervention) and “through care” for drug-dependent offenders, by comparing the“criminal model” and “patient model.” In particular, the Group examined: (1) diversion programmes, as
one outcome of the “patient model”; (2) drug courts, one option which has been adopted in the “criminalmodel” countries; and (3) partnership with governmental and non-governmental organizations. Each ofthese concepts was discussed with reference to both above-mentioned models of treatment, “patient” and“criminal.” The Group considered the advantages and challenges of each concept.
In terms of diversion programmes, the Group listed advantages including the reduction of reoffending;the minimizing of the label “criminal”; early reintegration of offenders; and reduced government
expenditure. With regard to drug courts, they noted that this allowed “initial intervention” within a “criminalmodel,” as well as motivating offenders. Finally, the Group noted that partnering with NGOs mobilises
the human and material resources of the private sector and can continue to engage offenders after theconclusion of the criminal process.
In conclusion, the Group advocated a balance between the “criminal” and “patient” models of treatment.
They agreed that diversion systems, drug courts, and partnerships with NGOs are factors which canhelp in the treatment of drug-dependent offenders; however, they felt that introducing such elements oftreatment into existing legal frameworks would be difficult. Despite this, they concluded that the advantagesof these programmes, particularly “initial intervention,” merited efforts to incorporate them into existing
frameworks. Regarding “through-care,” the Group highlighted the importance of cooperation with NGOs.
They noted that lack of transparency can be a problem in dealing with NGOs, but cautioned that excessive
attempts to regulate NGOs can erode the advantages of partnering with such organizations.

(ii) Effective Interventions for Drug-Dependent Offenders
Prior to the discussion, the group agreed that the drug-dependency situation differs substantially among
countries and regions. Therefore, treatment or intervention should be provided considering each country’s
specific situation. Treatment can be viewed in four different perspectives: the legal, spiritual, medical, andcognitive-behaviour models. There are treatment options under different models and in order to enhance
the treatment, the process must be implemented properly, with a focus on the individual’s background.
The Risk-Need-Responsivity (RNR) Model is perhaps the most influential model for the assessment and8MAIN ACTIVITIES OF UNAFEI

treatment of offenders.
The Group then engaged in an in-depth discussion of the intervention programmes for the treatment ofdrug-dependent offenders currently provided in the participating countries. They elaborated upon various
models of treatment.
First, they addressed the therapeutic community (TC) modality programme, which is a self-help social
learning treatment model for clients with drug-abuse problems and other problems such as alcoholism,
stealing, and other anti-social tendencies. It is also used in working with special groups of individuals,
such as those in prisons. Although it contains five treatment modules, it does not specifically address drug
offender treatment. It is applied in the Maldives, the Philippines, and Thailand, although the discussion
reflected that it is a broad treatment programme that does not actually contain a specific module for thetreatment of drug-dependent offenders.
Cognitive Behaviour Therapy (CBT), applied in Japan, with the introduction of Narcotics Anonymous,the Matrix Model, and Workbook, allows the patient to monitor his or her own thoughts and cognition andto control his or her behaviour. It is even possible for the inmate to change his or her behaviour to desired
behaviour. Since it is a package model, it is effective in the treatment of drug offenders. CBT is implemented
easily all over Japan using the Workbook. Although it is difficult to maintain in the community, Japaneseprobation officers find a way to effectively implement it with support from civil society.
For the purpose of stopping drug abuse, CBT directly benefits the offender by teaching a specific skill
through training, while the therapeutic model indirectly benefits the patient, because it has to first create
a community conducive to improving the patient’s self-esteem. In fact, the latter model addresses drugdependency and drug-addiction problems only haphazardly.
The group discussed the participation and utilization of family members in the treatment of drug
offenders, since all the participants agreed that the family, as a basic unit of human behaviour, plays animportant role in the treatment process. The Group acknowledged that there are uncooperative families,
too.
Facilities and equipment were considered major components in the treatment process. Ideally, theyrequire a large budget allocation, but treatment programmes can still be regulated and implemented basedon available resources. Cooperation with social resources, specialist-like-self-help groups, authorities thatoffer employment and social welfare, halfway houses, etc., is very important, thereby making use of thetalents, skills, and other abilities of the wider community. While being treated in the community, it is still
important to strongly and continuously motivate the ex-prisoner, probationer, or parolee to sustain an ideal
life, prevent relapse, and to be a dynamic member of the community. This means, for example, that theoffender is offered several choices rather than simply being given the necessities of life without requiring
him or her to make decisions.
The Group summarised its long discussion with this conclusion:
Treatment of drug-dependent offenders must be consistent and continuous and should have the following
characteristics:
E – Easy to implement and easy to train staff or operators
F – Focus on treating drug offenders in prison, jail, on parole and probation
F – Fair assessment of clients/inmates
E – Efficiently carried out by staff and supported by clients/inmates
C – Cost-benefit friendly or less costly
T – Tested well as model treatment in a particular period
I – Implemented well and prevents relapse and recidivism
V – Variety of approaches to address particular needs of client/inmate
E – Evidence-based evaluation is conducted
The group also made the following recommendations:9ANNUAL REPORT FOR 2011

1.

Intensify the implementation of the treatment programmes for drug-dependent offenders presently
administered and conduct in-depth research on its effectiveness.

2.

Adopt and adapt useful intervention programmes in the treatment of drug-dependent offenders thatwere learned and validated from the proponents and practitioners during the group discussions,lectures, and site visits to different facilities.

C.	The 149th International Training Course
1. Introduction
The 149th International Training Course was held from 25 August to 30 September 2011. The main
theme was “Measures to Secure Protection and Cooperation of Witnesses and Whistle-blowers.” Tenoverseas participants and six Japanese participants attended.
2. Methodology
The participants of the 149th Course explored the topic primarily through a comparative analysis of thecurrent situation and the problems encountered. The participants’ in-depth discussions enabled them to put
forth effective and practical solutions.
The objectives were primarily realised through the Individual Presentations and the Group Workshop
sessions. In the former, each participant presented the actual situation, problems, and future prospects of
their country with respect to the main theme of the Course. To facilitate discussions, the participants weredivided into two groups.
Each Group elected a chairperson, co-chairperson, rapporteur, and co-rapporteur(s) to organize thediscussions. The group members studied the situation in each of their countries and exchanged their views
based on information obtained through personal experience, the Individual Presentations, lectures, and soforth.
Group 1: E ffective Measures to Secure Protection and Cooperation of Witnesses and Whistle-blowers
with Special Attention to Organized Crime and Corruption
Group 2: Effective Measures to Secure Protection and Cooperation of Witnesses
The Groups presented their reports in the Report-Back Sessions where they were endorsed as thereports of the Course. The reports will be published in full in UNAFEI Resource Material Series No. 86.
3. Outcome Summary(i) Effective Measures to Secure Protection and Cooperation of Witnesses and Whistle-blowers with Special
Attention to Organized Crime and Corruption
The group discussed the current situation of witness and whistle-blower protection and cooperation ineach of the participating countries with regard to the following subtopics: legislation for witness and whistleblower protection; criminalisation and punishment of obstruction of justice; and mitigation of punishment
and/or immunity grants for persons who provide substantial cooperation in an investigation or prosecution.
They found that among the participating countries there is no formal legislation for witness protection,
save for in Indonesia and El Salvador. As for whistle-blower protection legislation, Japan has specificallylegislated for such matters, while other countries have provisions in various other pieces of criminal orlabour legislation. For countries with such patchy legislation, not all types of common and serious organizedcrimes are addressed, while even for countries with specific witness-protection legislation, the legislation
is not easily upheld due to budget constraints, shortage of human resources, and poor technology andother infrastructure. However, in all countries, there are various informal countermeasures, such as police
protection on an ad hoc basis.
With regard to criminalisation and punishment of obstruction of justice, participating countries reported
no specific legislation. However, all participating countries address this issue in other general pieces oflegislation. For example, some countries’ penal or criminal codes criminalise and provide punishment for
obstruction of justice, while others have an obstruction of justice clause in most of their separate pieces of10

MAIN ACTIVITIES OF UNAFEI

legislation. However, there is still much room for improvement to meet the requirements of Article 23 of
the UNTOC and Article 25 of the UNCAC, which provide for criminal sanctions against the use of threats,physical force or promise, offering or giving undue advantage to induce false testimony, or interfering withtestimony or the production of evidence in a proceeding.
With regard to mitigation of punishment and/or immunity grants for persons who provide substantial
co-operation in an investigation or prosecution, no specific legislation exists in the participating countries.
In discussing challenges to securing witness and whistle-blower protection and co-operation, the Group
noted the following issues:
1.

Lack of legislation is the major setback to successful implementation of protection programmes.
Most protective measures are implemented on ad hoc bases, and experience has shown that once
these ad hoc measures fail, there is no formal way of dealing with such issues. Legislation is required
to take care of this situation. Informal measures can create problems. For example, since most
cooporating witnesses are themselves criminals, accusations of corruption and conflict of interest
can arise against officials of the justice system.

2.

Witness protection programmes are capital intensive and most countries do not have the resources
needed to sustain them.

3.

For small countries, it is difficult or almost impossible to relocate witnesses within the country.

4.

Since there is no dedicated personnel for witness-protection programmes in the participating
countries, the issue remains in the hands of personnel who perform this job in an ad hoc mannerwithout any expertise.

5.

Since there is not one agency to co-ordinate amongst different departments, lack of adequate
information and ineffective communication often leads to failure in providing proper protection.

6.

There are acts that are not described as obstructions of justice but nevertheless have the power of
intimidating a witness, for example, an accused offender driving a car or loitering near the victim’s
home, work place, school, or family members and relatives.

7.

In countries with no whistle-blower and witness-protection legislation, there has been a rise inserious criminal acts, as many offenders are not caught, because witnesses hesitate to cooperatewith law enforcement agents for fear of their safety and undue treatment.

8.

Lack of legislation for mitigation of punishment and grant of immunity in these nations has worsened
the situation as junior members of crime gangs never volunteer to disclose any information that may
lead to the apprehension of the heads of those gangs.

9.

There is a need to balance the protection of witnesses with the upholding of the defendant’s right toa fair trial.

10. One of the challenges that some of the countries with witness-protection programmes are facingis the absence of any international/regional agreement/treaty with other countries. Thus, when it
is difficult to relocate witnesses within the country, it is not possible to relocate them outside thecountry. Lack of any agreement also results in no effective cooperation in investigation of crimeand control of criminals. Since organized crime has no boundaries, member states should not allow
criminals the luxury and advantage of a borderless field of operation.
11. Slow disposition of cases can contribute to a witness’s unwillingness to cooperate.
In response to these challenges, the group agreed on a number of recommendations, summarised below:
1.

Whistle-blower and witness-protection legislation should be enacted in all participating states, andeach country should seek to ratify the UN conventions (UNTOC and UNCAC).

2.

Mitigation-of-punishment, grant-of-immunity, separate-criminalisation, and punishment-forobstruction-of-justice legislation should be enacted by participating countries, including prohibitions
against actions, gestures, and any psychological threats to the witness.

11

ANNUAL REPORT FOR 20113.

There is a need for participating countries without witness-protection and whistle-blower protection
laws to, in the interim, formulate policies to guide the implementation of countermeasures.

4.

Since many participating countries, save for Japan, are developing countries with scarce resources,in the short-term, emphasis should be on procedural kinds of witness protection that are cost andtime effective.

5.

Bi-lateral, regional, and international co-operation is much needed and should be formalised in
the form of signed treaties and/or protocols, which should help in the relocation and protection of
witnesses, the cooperation in criminal investigations, the extradition of criminals, and mutual legal
assistance in controlling transnational organized crime.

6.

Better coordinating efforts from various stakeholding agencies and professionals, for example police,
judiciary, prosecutors, social welfare departments, etc. All should function under the umbrella of one
department for streamlining the functioning of the programme.

7.

There is a need to emphasise the human-resource capacity building of stakeholders.

8.

Member States are urged to review infrastructure available in court buildings or prosecutors’ offices
with a view to providing separate waiting rooms or separate entrances for witnesses. This would not
require a large budget and would increase the psychological and physical comfort of the witness.

9.

Member States should fast track all serious crimes, especially those involving witnesses needingprotection. A time frame for the disposal of the case should be formalised and adhered to, save under
special circumstances with due permission from the court.

(ii) Effective Measures to Secure Protection and Cooperation of Witnesses
The Group addressed the topic “Effective Measures to Secure Protection and Cooperation of witnesses,”with particular attention on non-organized crimes such as sex crimes, crimes involving child victims, andviolent crimes. The discussions were based on the following agenda: 1) effective legislation and measures toprotect witnesses; 2) criminalisation and punishment of obstruction of justice.
The Group verified that the police department of each respective country has responsibility forsecuring protection and cooperation of witnesses as one of their primary functions, and most countries
have guidelines for their police forces in executing this duty. The Group agreed that it was important forpolice officers to be specially trained to deal with this duty. Most represented countries had establishedprocedural measures at the trial stage to limit witnesses’ psychological stress. However, only El Salvador
has legislated for a standardised witness-protection programme. However, that country still faces problems
with international relocation resulting from the ineffective implementation of treaties.
Most represented countries have measures to limit witnesses’ exposure to the public or to psychologicalstress, and many countries have various kinds of measures to reduce fear through avoidance of face-to-faceconfrontation with the defendant and measures to make it difficult or impossible for the defendant to trace
the identity of the witness. For example, existing legislation in Japan permits the use of screens during thetestimony of witnesses. All participants’ countries consider it important to balance witness safety with thedefendant’s right to a fair trial.
In the matter of criminalisation and punishment of obstruction of justice, the Group noted that, with
one exception, all participating countries had criminalised this offence on the basis of the provisions of the
UNTOC and UNCAC. Again, with one exception, all countries define the offence of witness interference
as obstruction of justice. However, of those countries that have legislated for this issue, some experience
difficulties in enforcement.
Following their discussions, the Group made recommendations under each subtopic.
In the matter of effective legislation and measures to protect witnesses, the Group made the following
recommendations.
1.

12

The police should protect witnesses when necessary.

MAIN ACTIVITIES OF UNAFEI

2.

It is crucial that countries legislate for and establish the organizational structure of witnessprotection measures.

3.

Witness-protection measures are necessary for all countries; those who lack such measures should
consider their introduction; those who have such measures should consider their improvement.

4.

A comprehensive protection programme is effective in protecting witnesses, but it is financiallyonerous and should be considered as a measure of last resort; if not introduced, other specificmeasures should be taken to protect witnesses.

5.

Protection programmes require a sufficient budget; countries should legislate to allow the proceedsof crime to be utilized to fund witness protection.

6.

For victims of sex crimes, it is important to prevent secondary victimisation; for child victims it isimportant to implement specific measures to allow them to testify as comfortably as possible.

In the matter of criminalisation and punishment of obstruction of justice, the Group made the following
recommendations:1.

To ensure the cooperation and protection of witnesses, it is necessary to criminalise obstruction ofjustice; countries with inadequate legislation in this regard must improve.

2.

Where legislation is adequate but enforcement is not, enforcement must be improved so that thelegislation functions effectively.

D.	Special Seminars and Courses
1. The Eleventh Country-Focused Training Course on the Juvenile-Delinquent Treatment System for Kenya
The Eleventh Country-Focused Training Course on the Juvenile-Delinquent Treatment System for
Kenya was held from 15 February to 11 March 2011. The main theme of the Course was “Capacity-Buildingof Child Care and Protection Officers in the Juvenile Justice System of Kenya.” Fifteen criminal justiceofficials from Kenya attended.
2. The Seventh Seminar on Criminal Justice for Central Asia
The Seventh Seminar on Criminal Justice for Central Asia was held from 2 to 14 March 2011. The
main theme was “Addressing Corruption which Hinders Countermeasures for Drug Offences and Others;
Especially, Ethics and Codes of Conduct for Judges, Prosecutors and Law Enforcement Officials.” Seven
criminal justice officials from Central Asian countries (Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan)attended.
3. The 14th UNAFEI UNCAC Training Programme
The 14th UNAFEI UNCAC Training Programme was held from 13 October to 10 November 2011. The
theme of the course was “Effective Legal and Practical Measures against Corruption.” In this Course, 16
overseas participants and six Japanese participants, all of whom were officials engaged in corruption control,
comparatively analysed the current situation of corruption, methods of combating corruption, and measures
to enhance international co-operation.
5. The 17th Seminar on Crime Prevention and Criminal Justice for the People’s Republic of China
The 17th Special Seminar for Senior Criminal Justice Officials of the People’s Republic of China was heldfrom 15 to 30 November 2011. The main theme was “Public Dissemination of Legal Knowledge.” Fourteen
criminal justice officials from the People’s Republic of China attended.
6. The Fifth Regional Seminar on Good Governance for Southeast Asian Countries
The Fifth Regional Seminar on Good Governance for Southeast Asian Countries, hosted by UNAFEI
with the support of the Ministry of Foreign Affairs of Japan, was held from 7 to 9 December 2011 in Tokyo,
Japan. The main theme was “Preventing Corruption: Administrative and Criminal Justice Measures.”Approximately 25 senior criminal justice officials from eight South-East Asian countries and two visiting
experts attended.

13

ANNUAL REPORT FOR 2011

III. TECHNICAL COOPERATION
A.	Regional Training Programmes
1. Short-Term Experts in Kenya
Two UNAFEI professors were dispatched to Kenya, from 5 August to 10 September 2011, to provide
technical assistance to the Project for Capacity Building of Child Care and Protection Officers in the Juvenile
Justice System of Kenya.
IV. INFORMATION AND DOCUMENTATION SERVICES
The Institute continues to collect data and other resource materials on crime trends, crime prevention
strategies, and the treatment of offenders from Asia, the Pacific, Africa, Europe, and the Americas andmakes use of this information in its training courses and seminars. The Information and Library Serviceof the Institute has been providing, upon request, materials and information to United Nations agencies,
governmental organizations, research institutes, and researchers, both domestic and foreign.

V. PUBLICATIONS
Reports on training courses and seminars are published regularly by the Institute. Since 1971, theInstitute has issued the Resource Material Series, which contains contributions by the faculty members,
visiting experts, and participants of UNAFEI courses and seminars. In 2011, the 82nd, 83rd and 84th
editions of the Resource Material Series were published. Additionally, issues 134 to 137 of the UNAFEI
Newsletter (from the 147th Seminar to the 149th Course, respectively) were published, which included abrief report on each course and seminar and other timely information. These publications are also available
on UNAFEI’s website http://www.unafei.or.jp/english.

VI. OTHER ACTIVITIES
A.	Public Lecture Programme
On 28 January 2011, the Public Lecture Programme was conducted in the Grand Conference Hall of
the Ministry of Justice. In attendance were many distinguished guests, UNAFEI alumni and the 147th
International Senior Seminar participants. This Programme was jointly sponsored by the Asia Crime
Prevention Foundation (ACPF), the Japan Criminal Policy Society (JCPS) and UNAFEI.
Public Lecture Programmes increase the public’s awareness of criminal justice issues throughcomparative international study by inviting distinguished speakers from abroad. In 2011, Mr. Steve Pitts,
Head of International Relations and External Programmes, National Offender Management Services,
Ministry of Justice, UK, and Mr. Desmond Chin Kim Tham, Deputy Director of Prisons/Chief of Staff,
Singapore, were invited as speakers. They presented papers entitled “Changing Lives and Making
Communities Safer: Strengthening Rehabilitation through Involving Communities in England andWales” and “The Yellow Ribbon Project: Advocating Community Acceptance and Enhancing Community
Involvement,” respectively.

B.	Follow-Up Meeting to the Workshop on Strategies and Best Practices against Overcrowding in
Correctional Facilities
UNAFEI held the Follow-up Meeting on the Workshop on Strategies and Best Practices against
Overcrowding in Correctional Facilities, which was attended by the participants of the 147th Senior Seminar.
The Meeting aimed to disseminate the outcome of the Workshop on “Strategies and Best Practices against
Overcrowding in Correctional Facilities,” organized by UNAFEI and held in Brazil on 16 April 2010 within
the framework of the Twelfth United Nations Congress on Crime Prevention and Criminal Justice. The main
theme of the Meeting was “community involvement in offender treatment,” the importance of which wasrecognised by the panellists and audience of the Workshop.
UNAFEI invited five prominent experts to this Follow-up Meeting: Sir Judge David Carruthers,
Chairman of the New Zealand Parole Board; Prof. Yvon Dandurand, Senior Associate, International Centre
for Criminal Law Reform and Criminal Justice Policy, Canada; Mr. Desmond Chin Kim Tham, Deputy
Director of Prisons/Chief of Staff, Singapore Prison Service; Mr. Steve Pitts, Head of International Relations

14

MAIN ACTIVITIES OF UNAFEI

and External Programmes, National Offender Management Service, Ministry of Justice, UK; and Ms. Elinor
Wanyama Chemonges, National Coordinator, Paralegal Advisory Services Project, Foundation for Human
Rights Initiative, Uganda. Some of the experts had served as panellists and moderators at the Workshop, andothers are experts on issues very relevant to the theme of this Meeting.

C.	Assisting UNAFEI Alumni Activities
Various UNAFEI alumni associations in several countries have commenced, or are about to commence,research activities in their respective criminal justice fields. It is, therefore, one of the important tasks of
UNAFEI to support these contributions to improve the crime situation internationally.
D.	Overseas Missions
Deputy Director Haruhiko Ukawa and Ms. Makiko Sasabe (Staff) visited Bangkok, Thailand from 28
February to 5 March 2011. Deputy Director Ukawa visited executive officers of various authorities, withwhom he held meetings to discuss recent activities of UNAFEI and criminal justice and anti-corruption
issues of mutual interest. Offices visited included the Supreme Court of Justice, the Office of the Attorney
General, the Ministry of Justice, the Office of the National Anti-Corruption Commission, the Anti-Money
Laundering Office, and the UNODC Regional Centre for East Asia and the Pacific. He also delivered lectures
on “The Role of Prosecutors in the Japanese Criminal Justice Process” at the Office of the Attorney General.
Deputy Director Haruhiko Ukawa and Professor Kumiko Izumi visited Vienna, Austria from 7 to 17 April
2011 to attend the 20th Session of the Commission on Crime Prevention and Criminal Justice held in the
United Nations Office in Vienna. They also participated in a symposium on “Public-Private Partnerships
against Transnational Organized Crime” on 8 April, organised by the UNODC in conjunction with theCommission. At the symposium, Deputy Director Ukawa served as the moderator for the session on “Cyber
Crime: Working Together to Combat On-Line Child Exploitation.”
Professor Ayako Sakonji, Professor Mayu Yoshida, and Chief of Secretariat Takashi Hagiwara visited
China from 5 to 12 July 2011 to meet Chinese criminal justice officials in preparation for the 17th Seminaron Crime Prevention and Criminal Justice for the People’s Republic of China, to be held at UNAFEI in
November 2011.
Professor Ryo Tsunoda and Professor Yuichiro Wakimoto were dispatched to Nairobi, Kenya, from 12
August to 10 September 2011, and from 5 August to 3 September 2011, respectively, to provide technicalassistance to the Project for Capacity Building of Child Care and Protection Officers in the Juvenile Justice
System of Kenya.
Professor Ryo Tsunoda and Professor Yuichiro Wakimoto attended the 13th International Corrections andPrisons Association Annual General Meeting and Conference in Singapore from 11 to 17 September 2011.
Director Tatsuya Sakuma visited Cambridge, England from 3 to 7 September 2011 to attend 29th
International Symposium on Economic Crime. Director Sakuma made a keynote address at the Symposium.
Mr. Yuichi Tada (Professor) visited Courmayeur, Italy, from 30 November to 6 December 2011 to attend
the annual Co-ordination Meeting of the United Nations Crime Prevention and Criminal Justice Programme
Network and the ISPAC International Conference.

E.	Assisting ACPF Activities
UNAFEI cooperates and collaborates with the ACPF to improve crime prevention and criminal justiceadministration in the region. Since UNAFEI and the ACPF have many similar goals, and a large part of
ACPF’s membership consists of UNAFEI alumni, the relationship between the two is very strong.
VII. HUMAN RESOURCES
A.	Staff
In 1970, the Government of Japan assumed full financial and administrative responsibility for running
the Institute. The Director, Deputy Director and approximately nine professors are selected from among
public prosecutors, the judiciary, corrections, probation, and the police. UNAFEI also has approximately
15

ANNUAL REPORT FOR 201115 administrative staff members, who are appointed from among officials of the Government of Japan, anda linguistic adviser. Moreover, the Ministry of Justice invites visiting experts from abroad to each training
course and seminar. The Institute has also received valuable assistance from various experts, volunteers,and related agencies in conducting its training programmes.

B.	Faculty Changes
Mr. Toru Kawaharada, formerly a professor of UNAFEI, was transferred and appointed to Senior
Probation Officer of the Sendai Probation Office on 1 April 2011.
Mr. Junichi Watanabe, formerly a professor of UNAFEI, was transferred to the Correction Bureau of the
Ministry of Justice on 1 April 2011.
Mr. Ryo Tsunoda, formerly Chief Probation Officer at the Yokohama Probation Office, was appointed as aprofessor of UNAFEI on 1 April 2011.
Ms. Mayu Yoshida, formerly a corrections officer of Kasamatsu Prison, was appointed as a professor of
UNAFEI on 1 April 2011.
Director Masaki Sasaki was transferred and appointed to Chief of the Sapporo Public Prosecutor’s Officeon 1 August 2011.
Mr. Tatsuya Sakuma, formerly Chief of the Otsu Public Prosecutor’s Office, was appointed as the new
Director of UNAFEI and took office on 5 August 2011.

VIII. FINANCESThe Ministry of Justice primarily provides the Institute’s budget. UNAFEI’s total budget for its
programmes is approximately ¥70 million per year. Additionally, JICA and the ACPF provide assistance for
the Institute's international training courses and seminars.

16UNAFEI WORK PROGRAMME FOR 2012
I. TRAINING
A.	The 150th International Senior Seminar
The 150th International Senior Seminar was held from 12 January to 9 February 2012. The main themeof the Seminar was “Trafficking in Persons – Prevention, Prosecution, Victim Protection and Promotionof International Cooperation.” Twelve overseas participants, two overseas observers, and seven Japaneseparticipants attended.
B.	151st International Training Course
The 151st International Training Course was held from 16 May to 22 June 2012. The main theme of
the Course was “Evidenced-Based Treatment of Offenders.” Fifteen overseas participants, two overseas
observers, and seven Japanese participants attended.
C.	152nd International Training Course
The 152nd International Training Course commenced on 23 August to 28 September 2012. The
main theme of the Course was “Trafficking in Persons – Prevention, Prosecution, Victim Protection andPromotion of International Cooperation.” Sixteen overseas participants and six Japanese participants
attended.
D.	The Twelfth Training Course on the Juvenile-Delinquent Treatment System in Kenya
The Twelfth Training Course on the Juvenile-Delinquent Treatment System for Kenya was held from
14 February to 9 March 2012. Fourteen participants from Kenyan criminal justice agencies reviewed theirprogress in regard to establishing a scheme of capacity-building for officers of their country’s juveniledelinquent justice system.
E.	The Eighth Seminar on Criminal Justice for Central Asia
The Eighth Seminar on Criminal Justice for Central Asia was held from 29 February to 15 March
2012. The main theme of the Seminar was “Addressing Corruption which hinders Countermeasures for
Drug Offences and Other Crimes: Especially, Ethics and Codes of Conduct for Judges, Prosecutors and
Law Enforcement Officials.” Nine government officials from four Central Asian countries – Kazakhstan,
Kyrgyzstan, Tajikistan, and Uzbekistan – attended.
F.	The 15th UNAFEI UNCAC Training Programme: “Effective Legal and Practical Measuresagainst Corruption”
The 15th UNAFEI UNCAC Training Programme: “Effective Legal and Practical Measures against
Corruption” will be held from 11 October to 14 November 2012. In this Course, Japanese and overseas
officials engaged in corruption control will comparatively analyse the current situation of corruption,
methods of combating corruption, and measures to enhance international co-operation.
G.	Sixth Regional Seminar on Good Governance for Southeast Asian Countries
The Sixth Regional Seminar on Good Governance for Southeast Asian Countries will be held in early
December 2012, in Tokyo, Japan. The main theme of the Seminar will be “International Cooperation: Mutual
Legal Assistance and Extradition.” Approximately 25 participants from South-East Asian countries willattend.
II. TECHNICAL COOPERATION
Regional Training Programmes
1. Short-Term Experts in Kenya
Two UNAFEI professors will be dispatched to Kenya in August and September 2012. The professors
will assist the Children’s Department of the Vice-President and Ministry of Gender, Children and Social
Development in the Project for Capacity Building of Child Care and Protection Officers in the JuvenileJustice System.

17

ANNUAL REPORT FOR 2011

III. OTHER ACTIVITIESFiftieth Anniversary Ceremony
As UNAFEI will celebrate its 50th anniversary in 2012, the 50th Anniversary Ceremony will be heldon 12 December 2012, along with the Sixth Regional Seminar on Good Governance for Southeast AsianCountries. This celebration will be held together with the ACPF (Asia Crime Prevention Foundation), which
will celebrate its thirtieth anniversary at the same time. The celebrations will be held at the Ministry ofJustice in Tokyo. Distinguished guests and UNAFEI alumni from Japan and abroad will be invited to thisoccasion.

18

APPENDIX

APPENDIX
MAIN STAFF OF UNAFEI
Directorate
Mr. Tatsuya Sakuma
Mr. Haruhiko Ukawa

Director
Deputy Director

Faculty
Mr. Motoo Noguchi
Mr. Haruhiko Higuchi
Mr. Naoyuki Harada
Ms. Kumiko Izumi
Mr. Fumihiko Yanaka
Mr. Yuichi Tada
Mr. Yuichiro Wakimoto
Mr. Ryo Tsunoda
Ms. Ayako Sakonji
Ms. Mayu Yoshida
Ms. Grace Lord

Professor
Professor
Professor
Professor
Professor
Chief of Training Division, Professor
Chief of Research Division, Professor
Chief of Information & Library Service Division, Professor
Professor
Professor
Linguistic Adviser

Secretariat
Mr. Takashi Hagiwara
Mr. Katsuhiko Jimbo
Mr. Seiichi Sugiyama
Mr. Hiroki Miyazaki
Ms. Yoshiko Tani
Mr. Shinichi Yamamoto

Chief of Secretariat
Co-Deputy Chief of Secretariat
Co-Deputy Chief of Secretariat
Chief of General and Financial Affairs Section
Chief of Training and Hostel Management Affairs Section
Chief of International Research Affairs Section

AS OF 31 DECEMBER 201119

ANNUAL REPORT FOR 2011

2011 VISITING EXPERTS
THE 147TH INTERNATIONAL SENIOR SEMINAR
Mr. Yvon Danduand

Senior AssociateInternational Centre for Criminal Law
Reform and Criminal Justice Policy
CanadaMs. Elinor Wanyama Chemonges

National Co-ordinator
Paralegal Advisory Services ProjectFoundation for Human Rights Initiative
UgandaMr. Desmond Chin Kim Tham

Deputy Director of Prisons/Chief of Staff
Singapore Prison Service
Singapore

Mr. Steve Pitts

Head of International Relations and External
Programmes
National Offender Management Service
Ministry of Justice
United Kingdom

Sir Judge David Carruthers

Chairman
New Zealand Parole Board
New Zealand

Mr. Kittipong Kittayarak

Permanent Secretary for Justice
Ministry of Justice
ThailandTHE 148TH INTERNATIONAL TRAINING COURSE
Dr. Anne Bergenstrom

Coordinator (Expert/Adviser)
UNODC Regional Centre for East Asia and thePacific

THE 149TH INTERNATIONAL TRAINING COURSE

20

Ms. Karen Kramer

Senior Expert
Division for Treaty Affairs
UNODC

Mr. Robert E. Courtney III

Department of Justice Attaché
Embassy of the United States in the Philippines
USAAPPENDIX

Mr. Severino H. Gaña

Deputy Prosecutor General
National Prosecution Service
Department of JusticeRepublic of the Philippines

THE SEVENTH SEMINAR ON CRIMINAL JUSTICE FOR CENTRAL ASIA
Ms. Olga Zudova

Senior Regional Legal Adviser
United Nations Office on Drugs and Crime
Regional Office for Central Asia

THE 14TH INTERNATIONAL TRAINING COURSE
ON THE CRIMINAL JUSTICE RESPONSE TO CORRUPTION
Mr. Koh Teck Hin

Deputy Director
Corrupt Practices Investigation Bureau
Singapore

Mr. Tony Kwok Man-wai

Anti-Corruption Consultant
Former Deputy Commissioner of the
Independent Commission against
Corruption
Hong Kong Special Administrative
RegionChina

Mr. Dmitri Vlassis

Chief, Corruption and Economic Crime
SectionDivision for Treaty Affairs
United Nations Office on Drugs and Crime

21

ANNUAL REPORT FOR 2011

2011 UNAFEI PARTICIPANTS
THE 147TH INTERNATIONAL SENIOR SEMINAR
Overseas Participants
Mr. Mohammad Zahidul Hasan

22

Additional Superintendent of Police
Bangladesh Police
Bangladesh

Ms. Keamogetse Letsatle

Psychology Unit Coordinator
Prisoner Administration andRehabilitation Office
Botswana Prison Service
Botswana

Mr. Márcio Schiefler Fontes

Judge
Turvo District Court
Santa Catarina State Judicial Branch
BrazilMr. Hotma Victor Sihombing

Head
Sub Division for International
Organization and Cooperation Affairs,
International Relations Division
Indonesian National Police
Indonesia

Ms. Joyce Stone

Superintendent
Department of Correctional Services
Ministry of National Security
JamaicaMr. Yadab Ghimire

Registrar
Appellate Court
Biratnagar
Nepal

Mr. Janardan Nepal

Registrar
Appellate Court
Tulsipur
Nepal

Mr. Marlon Babatunde Ekundayo
ShemfeHead of Training and Staff Development
Administration
Nigerian Prisons Service
Nigeria

Mr. Ahmed Ishaque Jehangir

Senior Superintendent of Police
Traffic Headquarters
Punjab Police
PakistanAPPENDIX

Mr. Frank Men Tunduwa

Deputy Director
Community-Based Corrections
Department of Justice and Attorney General
Papua New Guinea

Japanese Participants
Mr. Yuichi Endo

Director
General Affairs Division
Tohoku Regional Parole Board

Ms. Yuko Furuhashi

Deputy Superintendent
Morioka Juvenile Training School

Mr. Shinji Higami

Judge
Sapporo High Court

Ms. Motoko Kurisu

Special Assistant to the Superintendent
Haruna Juvenile Training School forGirls

Mr. Yasuhiko Maezawa

Public Prosecutor
Tokyo District Public Prosecutor’s Office

Mr. Noboru Yamamoto

Director
Planning and Coordination Division
Hiroshima Probation Office23

ANNUAL REPORT FOR 2011

THE 148TH INTERNATIONAL TRAINING COURSE
Overseas Participants

24

Mr. Mohammad Karim Anwari

Childhood Prison Officer
Khost Provincial Public Health Directorate
Ministry of Public Health
Afghanistan

Mr. Musakar Kamba

Chief of Cooperation Sub Division
CID Operation Development Bureau
Indonesian National Police
Indonesia

Ms. Mariyam Shazly

Assistant Parole Officer
Rehabilitation and Treatment
Department of Penitentiary and Rehabilitation
Services
Ministry of Home Affairs
Maldives

Mr. Hassan Zilaal

Assistant Superintendent
Parole Unit
Department of Penitentiary and Rehabilitation
Services
Ministry of Home Affairs
Maldives

Mr. Gilbert Drilon Peremne

Chief
Human Resource and Records Management
Division
Bureau of Jail Management and Penology

Mr. Yokwe Thomas Cirilo

Probation Officer
Probation
Prison Services
Sudan

Mr. Montri Boonnak

Penologist (Senior Professional Level)
Central Correctional Institution for Drug Addicts
Department of Corrections
Ministry of Justice
ThailandMr. Montol Kaewkaw

Director
Drug Addicts Rehabilitation Center
Department of Probation
Ministry of Justice
ThailandAPPENDIX

Observers
Mr. Chan-wook Wee

Inspector
Busan Detention Center
Korea Correctional Service
Ministry of JusticeRepublic of Korea

Ms. Sumalee Madam

Senior Probation Officer/Director
Drug Addicts Rehabilitation
Coordination Section
Department of Probation
Ministry of Justice
ThailandJapanese Participants
Mr. Satoshi Hamada

Chief Treatment Supervisor
Program Coordination Unit (Education)
Mine Rehabilitation Program Center

Ms. Rie Ishikawa

Public Prosecutor
Nagoya District Public Prosecutor’s Office

Ms. Yumi Komiya

Chief Probation Officer
Tokyo Probation Office

Mr. Shinnosuke Oki

Public Prosecutor
Osaka District Public Prosecutor’s Office

Ms. Chiaki Takahashi

Specialist
Juvenile Treatment Division
Ministry of Justice

Mr. Kentaro Tanaka

Chief Probation Officer
Chiba Probation Office

Mr. Naoki Tsunemitsu

Assistant Judge
Tokyo District Court

Mr. Tadahisa Urakawa

Family Court Probation Officer
Tokyo Family Court

25

ANNUAL REPORT FOR 2011

THE 149TH INTERNATIONAL TRAINING COURSE
Overseas Participants

26

Mr. Roland Cornelius Cobbler
 	
 	Sergeant
Community Policing
Royal Barbados Police
Barbados

Mr. Rafael Armando Ascencio
Menjivar

Head of Administration
Victim and Witness Protection Program
Executive Technical Unit of the Justice Sector
El Salvador

Mr. Amitabh Thakur

Superintendent
Anti-Corruption Branch
Department of Personnel
Central Bureau of Investigation
India

Mr. Igusti Ngurah Agung
Suandika

Head of Subsection
Planning and Activity of Peace and Humanity
International Relations Division
Indonesian National Police
Indonesia

Mr. Krishna Murari Shiwakoti

Under Secretary (Bench Officer)
Full Bench Division
Supreme Court of Nepal
Nepal

Mr. Narayan Prasado Panthee

Deputy Registrar
Litigation Department
Supreme Court of Nepal
Nepal

Mr. Azael Samaniego Ivaldy

Mayor Officer III
Auxiliary Public Prosecutor’s OfficePublic Minister
PanamaMr. Brian Kipling SamuelInspector in Charge
Drug Squad
Royal Saint Lucia Police ForceSaint Lucia

Mr. Barnabas David Mwakalukwa

Crime Analyst (Superintendent)
Police Operations
Crime Prevention Unit
Tanzania

APPENDIX

Mr. Ayub Yusuf Mwenda

Senior State Attorney
Directorate of Public Prosecution
Attorney General’s Chambers
Tanzania

Japanese Participants
Ms. Masako Kariya

Public Prosecutor
Kobe District Public Prosecutor’s Office
Himeji Branch

Ms. Shiori Nakagawa

Narcotic Agent
Narcotic Control Department
Kyushu Regional Bureau of Health andWelfareMr. Tomoyuki Nakahata

Public Prosecutor
Shizuoka District Public Prosecutor’s
OfficeMr. Kazuaki Watanabe

Assistant Judge
Akita Family Court, Odate Branch

Mr. Kousuke Yokomaku

Public Prosecutor
Branch Chief
Gifu District Public Prosecutor’s OfficeTajimi Branch

27

ANNUAL REPORT FOR 2011

THE SEVENTH SEMINAR ON CRIMINAL JUSTICE FOR CENTRAL ASIA

28

Mr. Faizullin Zhanat

Inspector
Department of Internal Affairs
The Police Department of Astana City
Kazakhstan

Mr. Yeraliyev Arman

Deputy Chief
Investigation Department
Ministry of Interior Affairs
Kazakhstan

Mr. Ismoilov Yusufali

Principal Deputy
Justice Decisions of Criminal Affairs
Department
General Prosecution Office
Tajikistan

Mr. Khotamov Muzaffar

Head of the Staff OfficeDrug Control Agency of the President
Tajikistan

Mr. Sharipov Khurshed

Judge
The Court of the Sino District of Dunshanbe City
Tajikistan

Mr. Aliev Farruh

Prosecutor of DivisionInternational Legal Division
Prosecutor General’s Office
Uzbekistan

Mr. Umirzakov Ilyos

The Elder Investigator on Trafficking inNarcotic Drugs
Main Investigation Department
Ministry of Interior
Uzbekistan

APPENDIX

THE 17TH SPECIAL SEMINAR FOR SENIOR CRIMINAL JUSTICEOFFICIALS OF THE PEOPLE’S REPUBLIC OF CHINA
Mr. Zhi-Lu Li

Deputy Director General
Legal Publicity Department
Ministry of Justice of the People’s Republic of China

Ms. Yue-Nian Sun

Director
Legal Publicity Department
Ministry of Justice of the People’s Republic of China

Ms. Xiao-Hong Li

Director
Division of Bilateral Exchanges
Department of Judicial Assistance and Foreign
Affairs
Ministry of Justice of the People’s Republic of China

Mr. Wei Cheng

Division Chief
Department of Legislative Affairs
Ministry of Justice of the People’s Republic of China

Mr. Guo-Dong Kuang

Deputy Chief Division
Department of Personnel
Ministry of Justice of the People’s Republic of China

Ms. Shen-Si Zhang

Director
International Department
Legal Daily

Mr. Tie-Wei Zang

Deputy Director
Criminal Legislation Department
Legislative Affairs Commission
The Standing Committee of the National
Congress of the People’s Republic of China

Ms. Chong Zheng

Deputy Director
Research Department
Legislative Affairs Commission
The Standing Committee of the National
Congress of the People’s Republic of China

Mr. Jian Ye

Division Director
Personnel Department
Publicity and Education Division
The Supreme People’s Court of the NPC of
the People’s Republic of China

Mr. Zhong-Biao Ji

Consultant
General Office, Information Office
The Supreme People’s Court of the NPC of
the People’s Republic of China

Mr. An-Ling Zhu

Deputy Researcher
The Political Department
The Supreme People’s Procuratorate of the NPC of thePeople’s Republic of China

29

ANNUAL REPORT FOR 201130

Ms. Xiao-Yu Shang

Director
Business Development Department
Procuratorial Daily of the NPC of thePeople’s Republic of China

Mr. Bin Yang

Deputy Director General
Department of Publicity
Ministry of Public Security of the NPC of
the People’s Republic of China

APPENDIXTHE ELEVENTH TRAINING COURSE ON THE JUVENILEDELINQUENT TREATMENT SYSTEM FOR KENYA
Mr. Noah Mokaya Omambia
Sanganyi

Senior Assistant Director
Department of Children Services
Ministry of Gender, Children andSocial Development

Ms. Anne Wambere Waichinga

Principal Children’s Officer
Department of Children Services
Ministry of Gender, Children andSocial Development

Ms. Anne Wambui Thiongo

Chief Children’s Officer
Department of Children Services
Ministry of Gender, Children andSocial Development

Ms. Martha Kerebi Nyangena

Chief Children’s Officer
Department of Children Services
Ministry of Gender, Children andSocial Development

Mr. Thomas Otieno Naam

Senior Child Care Assistant
Department of Children Services
Ministry of Gender, Children andSocial Development

Mr. Evans Kiago Makori

Principal Magistrate
Judiciary

Ms. Carolynn Akinyi Ocharo

Senior Resident Magistrate
Judiciary

Mr. Clement Otunga Okech

Assistant Director
Probation and Aftercare Services
Office of the Vice President andMinistry of Home Affairs

Ms. Elizabeth Wanjiku Githaiga

Assistant Director
Probation and Aftercare Services
Office of the Vice President andMinistry of Home Affairs

Ms. Josephine Muthoni Murege

Chief Probation Officer
Probation and Aftercare Services
Office of the Vice President andMinistry of Home Affairs

Mr. Jason Mmeli Abukuse

Chief Probation Officer
Probation and Aftercare Services
Office of the Vice President andMinistry of Home Affairs

31

ANNUAL REPORT FOR 201132

Ms. Mary Nekese Khaemba

Director – Rehabilitation andWelfarePrisons Department
Office of the Vice President andMinistry of Home Affairs

Mr. Hassan Mukavene Farsy
WafulaSuperintendent of Prison
Prisons Department
Office of the Vice President andMinistry of Home Affairs

Mr. Frederick Masakhwe Mukasa

Trainer
Directorate of Community
Policing
Gender and Child Protection
Kenya Police Service

Ms. Evelyn Njeri Mbugua

Chief Inspector, Psychologist
Counselling Department
Kenya Police Service

APPENDIX

THE 14TH INTERNATIONAL TRAINING COURSE
ON THE CRIMINAL JUSTICE RESPONCE TO CORRUPTION
Overseas Participants
Mr. Sayed Wali Sadat

AuditorInterior Inspection Department
Ministry of Justice
Afghanistan

Mr. Rehman Khan

Assistant Director of Public Prosecutions
Directorate of Public Prosecutions
Attorney General’s Chambers
Botswana

Mr. Stavos Diniz Douglas Moreno

State Attorney (Legislative)
Legal Department
House of Representatives of Pernambuco
State
BrazilMs. Vicky Kabiku Muanji

JudgeCounty of Matete
Ministry of Justice and Human Rights
Democratic Republic of the Congo

Mr. Adalberto Julio Abarca Delcid

Sub Chief of the Unit of Disciplinary
Investigation
General Inspector’s Office
National Civilian Police
El Salvador

Mr. Idha Endri Prastiono

Anti-Corruption Police Chief
Directorate of Criminal Detectives
Indonesian National Police
Indonesia

Mr. Sami Sleman Faqi Al-Surchi

Deputy Public Prosecutor
Public Prosecution Directorate
Ministry of Justice
Kurdistan
Iraq

Mr. Ponce Arturo Velasco

General Director of Internal Affairs
Attorney General of the Republic
MexicoMr. Rajkumar Koirala

District Government Attorney
District Government Attorney, Morang
Attorney General’s Office of Nepal
Nepal

Mr. Tariq Pervez

Assistant Director
Interior Divsion
Federal Investigation Agency
Pakistan33

ANNUAL REPORT FOR 2011

Mr. José Anthony Portillo
Martinez

Auxiliary Officer
Internal Affairs Unit
National Direction of Customs
Paraguay

Ms. Marmarie PorcinculaSatin-Vivas

State Prosecutor I
Office of the Prosecutor General
Department of Justice
Philippines

Ms. Samarage Harippriya
Jayasundara

Senior State Counsel
Criminal Division
Attorney General’s Department
Sri Lanka

Ms. Ranjani Madavita
Patabandige Seneviratne

Assistant Director General
Legal Division
Commission to Investigate Allegationsof Bribery or Corruption
Sri Lanka

Ms. Pinthip Leelakriangsak
Srisanit

Public Prosecutor
International Affairs Department
Office of the Attorney General
Thailand

Ms. Phuong Thi Do

Judicial Inspector
Criminal and Administrative Department
Institute for Judicial Science of theSupreme People’s Court of Vietnam
VietnamMr. Dumisani Mthombeni

Law Officer
Regional Public Prosecutor
Attorney General’s Office
Ministry of Justice and Legal Affairs
Zimbabwe

Japanese Participants

34

Mr. Toshio Hirano

Public Prosecutor
Osaka District Public Prosecutor’s Office

Mr. Atsushi Maekawa

Investigator
Investigation Division, Executive Bureau
Securities and Exchange Commission

Mr. Masanori Mizuno

Judge
Sapporo High Court

Mr. Shinji Yamaguchi

Public Prosecutor
Tokyo District Public Prosecutor’s OfficeAPPENDIX

Japanese Observers
Mr. Hiroyuki Ito

Government Attorney
International Cooperation Department
Research and Training Institute
Ministry of Justice

Mr. Syusaku Tatara

Assistant Judge
Saitama District Court

35

ANNUAL REPORT FOR 2011

DISTRIBUTION OF PARTICIPANTS BY
PROFESSIONAL BACKGROUNDS AND COUNTRIES(1st International Training Course – 149th International Training Course)
Professional background

Country/Area
Afghanistan
Bangladesh

Judicial andOther Administration

Judge

7
21

9
13

PublicProsecutors
6

BhutanPoliceOfficials
4
18

Correctional Correctional Probation
Officials
Officials
Parole(Adult)(Juvenile)
Officers

4
1
13

2
5

Hong Kong
India
Indonesia

16
15
23

10
22

Iran
Iraq

5
6

12
3

JordanKorea
Kyrgyzstan

13
1

Laos
Malaysia
Maldives

10
21
1

1
5

7
10
1

Total

4

5

2

27
68

33

12
54
31

29
7
14

8
3

8
7

6
5

5

2
2

1
3

1
53

5
6
1

29

4

3

6
2
3

7
7
2

10
46
1

35

8

1

2

1
15

1
12
1

4
32
4

1

Pakistan
Palestine
Philippines

20
2
19

10

2
1
25

42
1
39

8
9

Saudi Arabia
Singapore
Sri Lanka

5
10
22

18
20

5
17

7
12
22

3
10
20

TaiwanTajikistan

12
1

4

2

2

1

ThailandTurkeyUnited Arab Emirates

24
2
1

40
1

40
1

17
2

19

Uzbekistan
Vietnam
Yemen

14
1

5

3

8
2

1

A S I A
Algeria

334

214
4

237
2

426

205

Botswana
Cameroon
Cote d'Ivoire

2
4

1
1

5

2

Democratic Republic of the Congo
Egypt
Ethiopia

1
1
3

1

1
3
2

GambiaGhana
Guinea

1

9

2

7

1
3

Liberia
Madagascar
Malawi

3
1

9
1
3

1

3
2

1

3
2
6

5

1
6

3

4
2
1

1

2
5
3
12
1

33
132
9

3

14
98
5

4

1
3
3
1

2
1
13

3

10
11

1

1

1
7
3
3

2

2

5

7

89
6
140

1
1

1
1
1

17
73
118
21
1

9

39

14

73

1

4

4

8

5
1

4

2

47

42

1
1

178
8
1

1

1
37
3

28

1,653
6

1

11
5
3
3

1

7

7
2

2

40
3

1

1
1
1

1

1

Namibia
Niger

1
1
1

2
4

Tunisia
Uganda

6

3
13
2
8

1

1
5

3

6
8

23

97

1
3
1

ZambiaZimbabwe

1

1

AFRICA

28

20

1
1
1

6
4

4
11
5
2
8
4

1

1
4
1

42
31

1

1

1

74
100
134

7
111
2

1

1
1
4

6
12
41
1

8

1

36

Others9736South Africa
Sudan
Swaziland
Tanzania

Training &Research
Officers21

Myanmar
Nepal
Oman

Nigeria
Seychelles

Social
WelfareOfficers

1
5

Mongolia

Mauritius
MoroccoMozambiqueChild
WelfareOfficers

9

Brunei
Cambodia
China
Georgia

Kenya
LesothoFamilyCourt
Investigation
Officers

1
6
3
2
1

6
3

1
1
1
1

1

1

14
9
4
20
2
23

2

2
1

2
7
7
12

24

0

11

0

0

2

9

4

218

APPENDIX

Professional background

Country/Area
Australia
Fiji

Judicial andOther Administration

6

Judge

1

Kiribati
Marshall Island
Micronesia
Nauru

1
1

New Zealand
Palau

1

Papua New Guinea
Samoa

10
1

Solomon Islands
Tonga
Vanuatu

3
2

1

THE PACIFIC
Antigua and Barbuda
Argentina

25

3

2

2

PublicProsecutors
1
9

1

2

2
7
4

1
3

63
1
2

32

1

6
1
2

3

5

5

2

GrenadaGuatemala1

Saint Vincent
Trinidad and Tobago
U.S.A.
Uruguay
Venezuela
NORTH & SOUTH AMERICA
Albania
Bulgaria
Estonia
Former Yugoslav Republic of Macedonia
Hungary

26
4
4

1

1
5
2
1

5
1

1

3
0

11
1

2
1

0

0

3

1

3
1

1

1

1

1
3
1

1
1

1

1

1

1
2

4

2

1

1

6
8

1

1
4

4

10

5
1

3
9

4
1

4
1
1

1

1
1

1

1

9
12

2

26
2
3

1

2
2
1

1
1

1
27
1

1
22

28

3
12
100
2
1

3
15

1
14

3

2

1

2

1

4

11

1

1
1

EUROPE
United Nations Office on Drugs and CrimeJ A PA N

115

185

295

99

T O TAL

533

444

600

790

4

0

1

215
3
1
1
2
1

2
1

Lithuania
Poland

9
4
1

1
1

2
1

16
1

4
1
9

1
1

2
39
8
12

1
1

3
1
8

157
2
7
3
3

2
2

1

52
5
8
17
4

1

1

4
2

Total
3
55

1

1

GuyanaHaiti
Honduras

Peru
Saint Christopher and Nevis
Saint Lucia

1
11

EcuadorEl Salvador

PanamaParaguay

Others

2
2

2
2
1
1

Training &Research
Officers

1
10

2
1
3

Social
WelfareOfficers

1

19
2

Bolivia
BrazilChile
ColombiaChild
WelfareOfficers

17

4

16

FamilyCourt
Investigation
Officers

1
21

1
1

1

Jamaica
MexicoNicaragua

Correctional Correctional Probation
Officials
Officials
Parole(Adult)(Juvenile)
Officers

41
1

Barbados
BelizeCosta Rica
Dominican Republic

PoliceOfficials

5

1
1
0

0

0

0

0

0

97

90

207

67

38

2

372

132

304

72

44

55

0
48

0
1
74

10
1
1,317

104

121

3,571

37

PART TWORESOURCE MATERIAL SERIES
No. 87Work Product of the 150th International Senior Seminar“Trafficking in Persons – Prevention, Prosecution, Victim Protection andPromotion of International Cooperation”

UNAFEI

150TH INTERNATIONAL SENIOR SEMINAR
VISITING
EXPERTS’ PAPERSVISITING EXPERTS’ PAPERS

HUMAN TRAFFICKING PROSECUTIONS
Karima Maloney*

HUMANTRAFFICKINGPROSECUTIONSUNAFEI
January2012
Karima Maloney
CivilRightsDivision
U.S.DepartmentofJustice1* Deputy Chief of the Criminal Section, Civil Rights Division, Department of Justice of U.S.A.

41

RESOURCE MATERIAL SERIES No.87

Today’sGoals• DiscusstheU.S.’sapproachtocombatingthe
humantraffickingproblem• DebunkMythsaboutHumanTrafficking• UnderstandU.S.HumanTraffickingStatutes• ReviewtheInvestigation&Prosecution
Model
2

TheBigPicture:
TheGlobalAntiͲTraffickingMovement

Prevention
Protection
Prosecution
342

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

ApproachtoHumanTraffickingProblem
 Protect humantraffickingvictimsbydebilitatingtraffickers Prevent humantraffickingoffensesbydismantlinganddisablinghumantraffickingnetworks
 Prosecute todeclarehumantraffickingconduct
intolerableunderthelawsandnormsofthenation

4

43

RESOURCE MATERIAL SERIES No.87

ARightsͲBasedApproach:VictimͲCenteredProsecutions
 VictimͲcenteredcriminaljusticeprocess:• Vindicatesvictim’sindividualrights• NonͲProsecutionofVictims• Empowersvictimasanactiveparticipant• Aidstransitionfromtraumatizedvictimto

empoweredsurvivor
 Transformationoflawenforcementculture• AbandonmentofpreͲconceptions• EvolutionoftraumaͲinformedapproaches
6

U.S.HumanTraffickingStrategy

Outreach
CoordinationBuilding
CoalitionBuilding

7

44

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

RoleofHumanTraffickingProsecutionUnit
 SpecializedUnitinDOJ’sCivilRightsDivisionsince
2007
 ProsecutorialexpertiseenforcinginvoluntaryservitudeandslaverylawsandTraffickingVictims
ProtectionAct
 Criminallyprosecutenovel,complex,multiͲjurisdictionalandinternationaltraffickingcasesin
partnershipwithUnitedStatesAttorney’sOffices
 Coordinatewithfederal,state,local,international
andnonͲgovernmentalpartners
8PartneringRegionally UnitedStatesAttorney’sOffice FederalLawEnforcement:ICE,FBI,DOL
 HumanTraffickingTaskForces ForthcomingACTeams LocalLawEnforcement
 GovernmentAgencies
 NGOs
945

RESOURCE MATERIAL SERIES No.87

WhatisHumanTraffickingUndertheU.S.
CriminalCode?

 Compellingorcoercinga
person’slabor,services,or
commercialsexacts;or
commercialsexualexploitation
ofaminor

10WhatisHumanTrafficking?

WorkingDefinition“HumanTrafficking” is
compelling someonetoworkor toengageinacommercialsexact.

11

46

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

WhatHumanTraffickingIsNot!
• Illegal Child Adoption• Trade in Human Organs• Child Pornography• Prostitution (Not a Federal Vice Squad)• Labor Violations• Poor Working or Living Conditions• There are other statutes that deal with theses offenses.
12

Traffickingvs.Smuggling
Smuggling

Trafficking
 Focusiscoercionand
exploitation;nomovement
required Focusistransportingorharboring
undocumentedperson

 Victimcanbecitizen,
documentedmigrant,or
undocumentedmigrant Mustinvolveundocumented
migrant

 Crimeagainstindividualrights

 Crimeagainstintegrityofborder CriminalizedinTitle18

 CriminalizedinTitle8

13

47

RESOURCE MATERIAL SERIES No.87

InaNutshell....
 Coreofthecrimeiscoercion
 Canoccurinanyindustry,legalorillegal
 Victimscanbemen,women,children;
undocumented,guestworkers,orcitizens
 Coercioncanbepsychological Victimsareoften‘hiddeninplainsight’
andreluctanttoconfide:case
identificationrequiresdetectionofsubtle
indicators
14

MythsAboutHumanTrafficking

1548

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

HumanTraffickingMyths
Slaveryisahistoricalblightthatnolongerexists.
• 12.3Millionvictimsofhumantrafficking
U.S.DepartmentofState,TraffickinginPersonsReport2010• 27millionpeopleheldinslaveryworldwide
FreeTheSlaves2011• 100,000childreninU.S.areinsextrade
PolarisProject2011

16

HumanTraffickingMyths
Therearenoforeignersinthecase Thelawdoesnotrequireforeignvictimsordefendants.
 UnitedStatesv.Evans,476F.3d1176(11thCir.2007)(boththe
UnitedStatesv.Evans,476F.3d1176(11thCir.2007)(boththe
DefendantandthehumantraffickingvictimwereUnitedStates
citizens).

17

49

RESOURCE MATERIAL SERIES No.87

HumanTraffickingMyths
TraffickingInvolvesMovementandBoarders• No Boarders Needed• No Legal Requirement• Trafficking is Misleading• Coercion not Movement

18

HumanTraffickingMyths
TraffickingInvolvesMovementandBoarders
Trafficking

Smuggling

ExploitationFocus

TransportationFocus

CrimeAgainstaPerson

CrimeAgainstaBorder

Coerced/Involuntary

Voluntary

CitizenorUndocumented

Undocumented

1950

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

HumanTraffickingMyths
Thiscasedoesnotinvolveprostitutionorsex.
“Recentstudiesshowthemajorityofhumantraffickingin
theworldtakestheformofforcedlabor.” Dept.ofState’s2010
TraffickinginPersonsReport.

RestaurantWorkers

DomesticServants

Farmers

HotelEmployees

FactoryWorkers

RestaurantWorkers

Don’tForgetAbouttheLaborCases
20

FederalLaws
InvoluntaryServitudeandSlaveryCrimes• 18U.S.C.㫝 1581(Peonage)• 18U.S.C.㫝 1583(EnticementIntoSlavery)• 18U.S.C.㫝 1584(InvoluntaryServitude)_____________________________________
TraffickingVictimsProtectionAct• 18U.S.C.㫝 1589(ForcedLabor)• 18U.S.C.㫝 1590(TraffickingIntoServitude)• 18U.S.C.㫝 1591(SexTrafficking)• 18U.S.C.㫝 1592(DocumentServitude)
21

51

RESOURCE MATERIAL SERIES No.87

Forms of Coercion
ISS

TVPA

[§§ 158184]
YES[§§ 158994]
YES

Physical Restraint

YES

YES

Legal Coercion

YES
NO
NO
NO

YES
YES
YES
YES

Physical Harm

Psychological Harm
Harm to Others
Scheme, Plan, Pattern

TwoFlagshipTVPACrimes

ForcedLabor㫝 1589

SexTrafficking㫝 1591

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ForcedLabor|㫝 1589
3Elements:• Providedorobtainedthelabororservicesofa
person;• Didsothroughoneofthefourprohibitedmeans;
and• Didsoknowingly

24

ForcedLabor|18U.S.C㫝 1589
1

2

ProvidesorObtainsLabororServicesofaPerson
3

Forceor
Threats

Knowingly

Through1of4
ProhibitedMeans

Serious
Harm

Abuseof
Law

SchemePlan
orPattern

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ForcedLabor|㫝 1589
LaborofServices• BroadDefinitionsof“LabororServices”• TheTenthCircuitrejectedalimiteddefinitionof“laborandservices”
to“workinaneconomicsense.Instead,theCourtupheldjury
instructionsdefining“labor” as“theexpenditureofphysicalormentaleffort” and“services” as“conductorperformancethat
assistsorbenefitssomeoneorsomething.” UnitedStatesv.Kaufman,
546F.3d1242,1262Ͳ63(10thCir.2008)(involvingmentallydisabled
adultfarmworkersforcedtoperformvideotapedsexacts).
• Laborandservicesshouldnot benarrowedtoonlymean“workfor
whichcompensationisordinarilygiven.” UnitedStatesv.Marcus,
487F.Supp.2d289,300(EDNY2007)(involvingrecordedactsofbondage,domination,andsadism).
26

ForcedLabor|㫝 1589
FourProhibitedMeans
1.

Force,orThreatsofForceorPhysicalRestraint

2.

SeriousHarmorThreatsofSeriousHarm

3.
Abuseorthreatenedabuseoflaworlegal
process4.

Scheme,plan,orpattern intendedtoinstillfear
ofseriousharmorphysicalrestrainttoany
personOnlyNeed1ProhibitedMeans.
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ForcedLabor|㫝 1589
ProhibitedMeans:SeriousHarm: “that is sufficiently serious, under all the surrounding
circumstances, to compel a reasonable person of the samebackground and in the same circumstances to perform or tocontinue performing labor or services in order to avoid incurringthat harm.”
18 U.S.C. 㫝 1589(c)(2)Physical Harm

Nonphysical Harm

* Threats* Psychological Harm

* Beatings* Financial Harm

* Sexual Violence* Reputational harm

28

ForcedLabor|㫝 1589
ProhibitedMeans:AbuseofLegalProcess• Threatofdeportation,arrest,detention,
institutionalization• “Warnings” unlawfulwhereusedtocoerce.

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ForcedLabor|㫝 1589
ProhibitedMeans:AbuseofLegalProcess
 Theterm“abuseorthreatenedabuseoflaworlegalprocess”
meanstheuseorthreateneduseoflaworlegalprocess,
whetheradministrative,civil,criminal,inanymannerorforany
purposeforwhichthelawwasnotdesigned,inordertoexertpressureonanotherpersontocausethatpersontotakesomeactionorrefrainfromtakingsomeaction.

 18 U.S.C. 㫝 1589(c)(1)30

ForcedLabor|㫝 1589
ProhibitedMeans:Scheme,Plan,Pattern
TotalityofCircumstancesfromtheVictim’sPerspective

56•

Manipulationofdebts•

Verbalabuseandintimidation•

Demeaninganddemoralizingconduct•

Psychologicalmanipulationandcontrol•

Confiscationofidentificationdocuments•

Inhumanelivingandworkingconditions•

Ominouscomments

•Monitoringandsurveillance•

SexualAbuse

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ForcedLabor|㫝 1589
Penalties• ImprisonmentuptoLife• Ifdeathresults;OR• Ifactsincludekidnapping(orattempt),aggravated
sexualabuse(orattempt),oranattempttokill• Imprisonmentupto20years• Noaggravatingfactors

32

SexTrafficking
2

Recruited,enticed,harbored,transported,provided,
obtainedormaintained341

KnowinglyOr Benefits
FinanciallyOr

Reckless
Disregard

Force,Fraud,or
Or
Coercion

Under18

Knowing5InterstateorForeignCommerce
6 Commercial
SexAct

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SexTrafficking|㫝 1591
 2KnowledgeRequirements• “Knowingly” recruits,entices,harbors,transports,
provides,obtains,ormaintainsapersonforacommercialsexactorbenefitsfinancially.
• “Knowing,orrecklessdisregard” ofthefactthat
force,fraudorcoercionwouldbeusedor thatvictim
wasunder18• Knowledgeofageisrequiredtoprovecrimebut
notforvictimstatus• ReasonableOpportunitytoObserve
35

SexTrafficking|㫝 1591
By Force, Fraud, or Coercion
18 U.S.C. 㫝 1591(e)(2) defines “coercion” as•threats of serious harm to or physical restraint against
any person•

any scheme, plan, or pattern intended to cause aperson to believe that failure to perform an act would
result in serious harm to or physical restraint•

abuse or threatened abuse of the legal process **Basically the same as the prohibited means in 㫝
1589**
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VISITING EXPERTS’ PAPERS

SexTrafficking|㫝 1591

Sex Trafficking of a Minor• Under 18 (“not attained the age of 18”)
• Knowing or in Reckless Disregard• Reasonable Opportunity to Observe 18 U.S.C. 㫝 1591(c)37SexTrafficking|㫝 1591
 Whatisa“Commercial SexAct”?
• “anysexact,onaccountofwhichanythingofvalueisgiventoor
receivedbyanyperson.” 㫝 1591(e)(3).
• NorequirementthattheDefendanthadsexwiththevictim.
• Compare18U.S.C.㫝 2246(2)“sexualact” and18U.S.C.㫝 2246(3)
“sexualcontact”• For“exotic” dancingormassageconsider㫝 1589ForcedLabor

38

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SexTrafficking|㫝 1591
 In or Affecting Interstate or Foreign Commerce• Crossing state lines• Interstate communications, facilities, or supplies,• Aggregate affect on intrastate commercial or economic activity
No One Has to Travel Across State Lines!

39

SexTrafficking|㫝 1591
InorAffectingInterstateorForeignCommerce Victimscrossingstatelines
 Interstatecommunications,facilities,orsupplies,e.g.hotels, cell
phones,condoms,advertising,creditcards,wiretransfers
 Aggregateeffectofintrastatecommercialoreconomicactivity
 Developalltheories

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SexTrafficking|㫝 1591
Penalties
 Imprisonment of 15 years to Life
• Force, fraud, or coercion used; OR• Defendant enticed, harbored, transported, provided, or obtained minor under
14 years old.
• Mandatory Minimum of 15 Years.
 Imprisonment of 10 Years to Life
• Defendant enticed, harbored, transported, provided, or obtained a minor who
was at least 14 years old but under 18 years old.
• Mandatory Minimum of 10 Years.

41

SexTrafficking|㫝 1591
Mandatory Life Imprisonment for Repeated Sex
Offenses against Children 㫝 3559(e)Mandatory life imprisonment if the defendant in a 1591
sex trafficking of a minor prosecution has a prior state orfederal conviction for a sexual offense against a minor
who has not attained the age of 17.

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RESOURCE MATERIAL SERIES No.87

ProsecutingHumanTrafficking:The
Challenges

 Hiddencrime Victimtrauma,shame,fear,loyalty,and
distrust
 Complex,extendedrelationshipwith
trafficker
 Intersectionwithviolentcrime,sex
crime,organizedcrime,financialcrime,
immigration,laborexploitation,andvisa
fraud
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VISITING EXPERTS’ PAPERS

Investigation&ProsecutionModel• Whyisthemodeldifferentthatmostothercrimes?
• MultipleLawEnforcementagencies• 2typesofFederalProsecutors
• SocialServiceprovidingNGOs• LegalServiceprovidingNGOsorProBonoVictimLawyers• Federallyfundedtaskforces• Multiplevictims
• Victim/Witnesscoordinators
Allpartiesplayanimportantpart...buttherearealotofcooksinthekitchen
45

TraffickingIndicators
 Monitoringandsurveillance Restrictedormonitoredcommunication
 ‘Spokesperson’ forgroup
 Inconsistentorrehearsedstories
 Locksandfencespositionedtorestrictworkers
ratherthantosecurepremises
 Employercontroloveridentificationdocumentsandpay Overcrowded,substandardlivingorworkingconditions
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RESOURCE MATERIAL SERIES No.87

Possessionoflegal/identificationdocuments
Security/confinementtorestrainvictims(Barbedwire,dogs,bouncer/guard)
Restricted/monitored/controlledmovement
Physicalabuse

47

Think of Indicators Like Balloons.
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150TH INTERNATIONAL SENIOR SEMINAR
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Poor Work Conditions

Employment Discrimination

Debts
Workplace Assault
Monitored
Movement

Location of Identity Documents

Wage and Hour Violations

Focus on how these things are tethered to thecoercive scheme.
49

Investigation&ProsecutionModel
Four Aspects of the Investigation
1. The Objective Facts
2. The Victim’s Story
3. Corroborating the Victim
4. Anticipating Defenses

50

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RESOURCE MATERIAL SERIES No.87

ProsecutionModel
InitialAreasofInvestigativeFocus (ObjectiveFactors)

 AgeofVictims
 Subject’sopportunitytoobserveminorvictims
 TypeofLabororServices
 TypeofForceorCoercion:totalityofconductandconditions
 Victim’sVulnerabilitiesandInequalities MovementofVictim

51

ProsecutionModel

ProvingCoercion:TwoKeyPrinciples
ClimateofFear:Totality
ofConductand
Conditions
VictimVulnerabilities

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ProsecutionModel
ClimateofFear
 Locks,fences,surveillancecameras
 Controloverdocumentsandpay Restrictedmovement;isolation
 Monitoredcommunications
 Inhumaneconditions
 Inadequatefood,medicalcare Arbitrarypenalties,rules,control
 Economicallyirrationalanddemoralizingworkingconditions
 Interactionswithlawenforcement
53

ProsecutionModel

VictimtestimonyisCrucial
 Crime requires showing of“labor obtained by coercion”– subjective component
 Show vulnerabilities
 Expect evolving /contradicting statements
 In-person testimony• Lose case without it

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CorroboratetheVictim
 Witnesses• Background, vulnerability, recruitment• Isolation witnesses & ‘negative’ witnesses• Never saw victim out alone• Never heard victim speak English• Previous victims• Outcry witnesses• Witnesses to any interactions• Visitors• Customers
55

CorroboratetheVictim
 Physical Evidence• Wire transfers, ledgers, bank records, receipts,
computers• Physical surroundings causing isolation andfear• Visas, immigration and travel records• Phone records• Letters to victim’s family• Photos, videotapes• Medical records• Leases, registrations linking subjects• Prostitution paraphernalia: condoms, lubricant,lingerie, medications, tickets, business cards
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Defenses:BenefitsBias
MakingitupforImmigrationBenefits
• Legal Status to stay in the United States• Work authorization
“These women are not stupid. They may have some education. They may
come in here dressed up and look pitiful. In a lot of ways they are pitiful. I
submit to you that they are street smart. And anyone who lives on the street,
who gets smuggled across the border, who uses a coyote and comes into thiscountry for the same reason most people come in here is to make the big bucks.
And they know how to con. I submit to you that they conned theinvestigators in this case, just like they conned their customers. . . . I submit to
you that they have gone home after testifying here today feeling pretty damnsatisfied with themselves.”
--Attorney for Def. “Santi” Villaman
(May 18, 2011)57

Defenses:BenefitsBias• Legal Status to stay in the United States• Work authorization“She exaggerated her case, and it suited
everyone’s purpose to just go along with it.”-- Attorney for Def. Evelyn Theodore
New York Times (May 18, 2008)•Front Issues in Voir Dire
•Outweighed by corroboration•Compare Benefits to Coercion
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Defenses:InitialConsent“If a person willingly begins work, butlater desires to withdraw and is thenforced to remain… by the use or
threatened use of coercion, that person’s
service becomes involuntary.”
Pattern Crim. Jury Instr. 11th Cir. 㫝 59.

59

Defenses:PaymentofWages“Whether a person is paid a salary or
wage is not determinative of whether
that person has been held in
involuntary servitude….[I]f a person isforced to labor against that person’s
will by the use or threatened use ofcoercion, such service is involuntaryeven though the person is paid…”
Pattern Crim. Jury Instr. 11th Cir. 㫝 59.
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AnticipatingDefenses

The“BetterOff” Defense
AnticipatingDefenses

The“HappySlave” Defense

61

AnticipatingDefenses

The“Escape” Defense“opportunity to flee is notdeterminative [if]defendants placed[victim] in such fear or
circumstances that he did
not reasonably believe hecould leave”

Bradley, 390 F.3d 153
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AnticipatingDefenses

Religious/CulturalDefense “This is the way we do things in our country.” “According to our faith . . . .”63

ProsecutionTeam
 CivilRightsDivisionProsecutor
 AssistantU.S.Attorney ICEAgent FBIAgent Translator
 V/WCoordinator VictimhasaprobonoattorneyandNGO
representative

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150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERSISSUES AND GOOD PRACTICES FOR IDENTIFYINGPOTENTIAL TRAFFICKING VICTIMS AND INTERVIEWING VICTIMS
Karima Maloney

Issues and Good Practices for
Identifying Potential Trafficking
Victims and Interviewing Victims
Karima Maloney
Civil Rights Division, U.S. DOJ

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RESOURCE MATERIAL SERIES No.87

Trafficking Victims Protection
Act Defines Human Trafficking
as…
The recruitment, harboring,transportation, provision, or obtaining ofa person (regardless of citizenship),Trafficking Victims Protection
Act Defines Human Trafficking
as…
…..by means of threat or use of force,
fraud, or coercion, subjecting victims to
involuntary servitude, peonage, debt
bondage, or slavery

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VISITING EXPERTS’ PAPERS

Trafficking Victims Protection
Act Defines Human Trafficking
as…
….for the purpose of sexual
exploitation or forced labor

Victim Identification

Markets Where Human Trafficking Occurs

 SexualExploitation
 Prostitution
 ExoticDancers
 MassageParlors

 ForcedLabor Sweatshops
 Domestic
 Agriculture Restaurant

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RESOURCE MATERIAL SERIES No.87

Who Engages in Trafficking?
• Individuals• Pimps and panderers with commercial
sexual motives• Diplomatic staff/foreign executives whoarrive with “servants”• Neighbors, friends, or relatives of the victim

Who Engages in Trafficking?
• Family Operations• Often will involve an extended family• Family will usually operate on both sides ofthe border• Independently owned businesses• Contractors/agents that provide laborers for
agricultural work, construction work,
restaurants, janitorial services

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150TH INTERNATIONAL SENIOR SEMINAR
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Who Engages in Trafficking?
• International Organized Crime
Syndicates• “Diversified trafficking portfolios”: Criminalorganizations that traffic humans in Eastern
Europe often smuggle drugs and guns as well.
Smuggling routes for all three
are often characterized as
being the sameWhoareTraffickingVictims?
• Illegal Immigrants• Impoverished• Children• Disabled• Smuggling Debts• Language Barriers• Fear of Gov’t Officials

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THE VICTIMS
800,000-900,00 traffickedannually acrossinternational borders
worldwide
Trafficking in the United States• 18,000-20,000 trafficked annually• More than half are CHILDREN• Include both U.S. citizens and non-citizens• Originate from Africa, Asia, India, Latin America,
Eastern Europe, Russia, Canada, among other places

Victim Identification• Patrolmen• Places of Worship• Shelters• Neighbors (ordinary citizens)• Inspectors/Licensing Officials

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150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERSHEIGHTENED VULNERABILITY¾ Human trafficking crimes often involve kidnapping,rape, beatings, trickery and threats. Victims areusually extremely vulnerable members of society –chosen for that very reason. Victims can bewomen, men and children.
¾ Traffickers identify and exploit a vulnerability¾ Vulnerabilities can include age, isolation fromfamily, limited education level, history of abuse,
undocumented status, poverty, illiteracy, addiction,
disability, or any combination

CHILD VICTIMS¾ Sex trafficking cases involving minor victims often
involve the same circumstances as adults –beatings, threats, coercion, etc. But often times the
traffickers use only promises of love, shelter or abrighter future to entice minors into prostitution.
¾ For adult victims, we must prove that force, fraud or
coercion was used by the trafficker to compel thevictim’s sexual service. For minor victims, there isno such requirement. A minor’s consent is an nonissue. Causing a minor to engage in commercial
sex is prohibited, whether they agree or not.

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RESOURCE MATERIAL SERIES No.87

Victims• Victim Testimony is Essential• Only Victims Can Answer: “Why?”• Crime requires showing of “labor obtainedby coercion” - subjective component• Only the Victim can explain the Climate of
Fear• We Lose Cases without Victims

The Victim Interview:
Essential Evidence
The sex trafficking investigationis unlike any other type of
criminal investigation due to theuniquely intimate and invasivenature of the crime.
Unlike many other types ofcases, the victim interview is themost essential piece ofevidence you will have in your
case.

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Power of the Victim Interview?
“The role of the victim advocate is to believe a victim’s
story, whereas the role of a police officer is prove it.”
By corroborating as many facts as
possible, no matter how insignificant
they may seem, you can better help
establish the validity of the victim’s story
and improve the victim’s credibility evenwhen there are other problems with theinvestigation.

Obstacles to Effective
Interviewing
Some obstacles intrinsic in theinvestigative process or to the investigatorhim- or herself serve as hindrances to aneffective and accurate interview.
1. Asking for “Just the facts”
2. The police personality
3. The tough-guy facade
4. The police career path81

RESOURCE MATERIAL SERIES No.87

Effective Interviewing

First, do no harm…
Any possible efforts should
always be made to minimize
potential further trauma to thevictim.

The Victim’s Story• Earn Trust• Empower victim with choices – even small ones
• Victim trauma, shame, fear, loyalty, and distrust• Avoid Direct Questions• “When did you illegally enter the United States?”• “How long have you been a prostitute?”• Do not use cop-lingo• Assume prostitution, illegal status• Be prepared for bad judgment.
• Expect evolving statements

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Setting the Stage
There are many ways to “set the stage”
for an effective victim interview…

1. Select an appropriate location• Safe and comfortable for the victim• Private and free from distraction• Maintain an equal or inferior
physical position

Setting the Stage
2. Ask the victim if she would like anyone tobe present during the interview.

• Should be determined privately
with the victim• Potential witnesses must be
excluded• Always include a support person
when requested

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RESOURCE MATERIAL SERIES No.87

Setting the Stage
3. Explain the purpose of the interview
and address immediate concerns.
• The purpose is to gather evidence and thevictim’s statement, not to find fault or blame.
• There will be questions that the victim
doesn’t have the answers to.
• The victim does not need to make any
immediate decisions about prosecution.

Setting the Stage
4. Present yourself in an accepting andcompassionate manner.
• Acknowledge the gravity of the ordeal• Allow the victim to vent
• Demonstrate empathy• Help the victim regain control

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Techniques: Creating and
Maintaining an Open Interview
1. Explaining the Questions.
• Explaining questions dealing with sensitive
issues helps put the victim’s fears at ease.
• Use the law to explain why you need specificinformation.
• Asking about high risk behavior does not meanthat you doubt the victim’s story.

Techniques: Creating and
Maintaining an Open Interview
2. Physical Techniques• Eye contact• Use inviting body language• Avoid touching the victim

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RESOURCE MATERIAL SERIES No.87

Techniques: Creating and
Maintaining an Open Interview
3. Use of Sexual Language.
• Avoid using police terminology.
• Clarify any slang terms that the victim
uses to ensure you understand what theymean.
• Mimic terms used by the victim without
acting shocked or embarrassed by them.

Techniques: Creating and
Maintaining an Open Interview
4. Engage in Active Listening.
• Without interrupting the flow of the victim’s
narrative, try to interject comments thatindicate you have been listening.
• Encourage the victim to continue talking
while knowing that the victim is being
heard.

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VISITING EXPERTS’ PAPERS

The Victim’s Narrative
The victim’s narrative is the most vital part of theinvestigation.
Establish that you know of the existence oftrafficking indicators, and that you are there to help
individuals who may be in trouble. Then ask thevictim to tell you what happened to her in her words
and at her own pace. You can facilitate theinterview while allowing the victim to tell the story(the victim’s way) by:
1. Using open-ended prompts.
2. Allowing the victim to control the pace.
3. Avoiding leading questions.

The Victim’s Narrative
Interruptions: Fatal Flaws

In a recent study, it was found that the averagepolice interview had 3 open-ended questions
and 26 closed-ended questions with anaverage of only 1-second pauses between
each question. Most detectives interrupted
responses to open-ended questions after 7.5
seconds with an average of 4 interruptions
per response. Not one of the interviewsstudied had a victim that was allowed tocomplete an uninterrupted response.

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After the Initial Narrative
Upon completion of the initial
narrative, go back and clarify specificpoints and gather additional details
about the victim’s experience using
open-ended follow-up questions.

Information You Should Obtain
During the Course of the Interview
Essential elements in collecting
information from the interview:88•

Description of the victim’s behavior and relationshipwith the suspect•

Description of the suspect’s behavior•

Description of the labor and circumstances of the labor•

Documentation of the specific acts committed andwhether any acts were repeated•

Description of the suspect’s sexual behavior•

Establishing force, or threat of force, or climate of fear

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Conclusion of the Interview• Ask the victim if he or she has any
additional information that he or
she wants to report, let the victim
know there will be future
opportunities.
• Reassure and thank the victim.
• Explain future procedures.

Exercise
Officer training – in a class have officers pair off, one shouldplay the part of a trafficking victim while the other plays therole of the investigating officer. Have the officer practiceusing the following techniques while the “victim” relates afictitious story:•

OpenOpen-ended questions•

Asking graphic questions in a sensitive,
comfortable manner•

Empathetic statements•

Eye contact•

Refraining from interrupting•

Using followfollow-up questions to clarify points

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RESOURCE MATERIAL SERIES No.87

DEFENSE – it was voluntary & didn’tknow they were underage
Wanted to come to U.S. at any cost
Pictures of cook-outs; trips to lake
Left every night with driver and came back
Girls came with their boyfriend and willingto work as prostitutes.

18 U.S.C. 1591 (a)• In our cases involving minors, the government had toestablish beyond a reasonable doubt the following
elements for each minor victim:
1) Knowingly recruited, enticed, harbored, transported,
provided, or obtained a person; OR knowingly
benefitted, financially or by receiving something ofvalue, from participating in a venture that did so;2) Knowing that the person was under 18 (or where thedefendant had a reasonable opportunity to observe
the minor, knowledge of age need not be proven;and3) Acts were in or affecting interstate commerce

90150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Critical Challenge : Earning Victim’s
trust (adults and minors)
 Fear of harm to self
or family Shame, fear of
exposure Loyalty to trafficker
 Distrust of law
enforcement

 Denial of situation
 Cultural norms
 Linguistic hurdles Difficulty articulatingcomplex emotions
 Psychological trauma

Roles and Partnerships
Outreach, Victim Identification, Victim Assistance Department of Health and Human Services –food and shelter Federal, State, and Local Government
Agencies NGOs - can assist in finding housing,
employment and ESL classes

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RESOURCE MATERIAL SERIES No.87

Roles and Partnerships
Victim Treatment
 Necessary to Psychological Recovery
 Trauma-Sensitive Treatment

Expert Witnesses; Corroboration Witnesses
 Symptoms Consistent with Victim Testimony
 Medical Neglect Physical Evidence of Juvenile Age

T Nonimmigrant Classification Eligibility
1. An alien who is or has been a victim of asevere form of trafficking in persons
2. Physically present in U.S., or U.S.
Territory
3. Has complied with any reasonable
request for assistance in the investigationor prosecution of acts of trafficking (or isunder 15 years old)92

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERTS’ PAPERS

Victim-Centered Assistance• Help stabilize the victim, which may contribute to a
successful prosecution• Provide or coordinate specialized (mental health, legal,shelter) or comprehensive services (including casemanagement)• Support application for immigration relief (CP,Certification, T/U Visas) and access to work permits• Support victims’ families (including T-visa derivatives
and children)• Safety and security planning• Job training, education, life skills

93

VISITING
EXPERT’SPAPERRESOURCE MATERIALSERIES
No.87
GLOBAL PROGRAMME AGAINST TRAFFICKING IN PERSONSMartin Fowke*!"#$%"&'(#)(%**+!"#$%&'()*#++$,-$%"($%(./*&0%&,-.+(-%./#-%"&0+-/#(&0+*/-%(123456,1&7#89#1&:%-;%(9&<=><* Officer-in-Charge of the Anti-Human Trafficking & Migrant Smuggling Unit, Division of Treaty Affairs, United Nations Officeon Drugs and Crime (UNODC).

94

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER!%'$1234#%()*#++$,-$%"(#%5(6$"*#%'(743""8$%"(9%$'? 23@AB&C;DD#(.C&E+*$+(&0.%.+C&.#&/*D"+*+-.F):/()*#++$,-$%"($%(./*&0%&(.*0'0,08
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95

RESOURCE MATERIAL SERIES No.87.3*C0&/&(0+(':/()*#++$,-$%"(.*0'0,08(- .#&D(+H+-.&%-I&L#*$%.&.(%KK/L8/-)1&!"#$%&'!"()$*+,"('"))-%)$.%').'/.0-%'"%1'*2$,1(-%'TUD+(C#-&;-I+(&>V&9+%(C&#K&%)+W- .#&D(#.+L.&%-I&%CC/C.&H/L./*C1&X/.J&K;""&(+CD+L.&.#&J;*%-&(/)J.C- .#&D(#*#.+&L##D+(%./#-&%*#-)&0.%.+&'%(./+C

STRUCTURE OF THE PROTOCOL
GENERALPROVISIONS

Article 5(2)(a)Criminalization

PROTECTION OF VICTIMSOF TRAFFICKING INPERSONPREVENTIONCOOPERATIONAND OTHER MEASURES

Article 6
Assistence to and protectionof victims of trafficking inpersons

Article 9Prevention of trafficking in persons

Article 7
Status of victims of
trafficking in persons inreceiving States

Article 10
Information exchange and training

Article 8
Repatriation of victims of
trafficking in persons

Article 11
Border measures

Article 12
Security and control of documents
Article 13
Legitimacy and validity of documents

96

FINAL
PROVISIONS

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

G/E(0H8$"#'$0%&(+0*(7'#'/(.#*'$/&*• B(/*/-%"/Y%./#-&
T7@BB&4(.Z&Q[&7,''&4(.Z&Q[&0@E'&4(.Z&\W• ]/L./*&D(#.+L./#T7@BB&4(.Z&<Q[&7,''&4(.Z&\[&0@E'&4(.Z&>\W• ,-H+C./)%./#• '(#C+L;./#• 4I^;I/L%./#-* Notwithstanding the fact that these countries are countries of origin, transit or destination

I80H#8(.*0"*#44/(#"#$%&'()*#++$,-$%"($%(./*&0%&• N+)/C"%./H+&%CC/C.%-L+• '"%--/-)&%-I&D#"/L9&I+H+"#D*+-.
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• '(+H+-./#-&%-I&%X%(+-+CC&(%/C/-)&_

97

RESOURCE MATERIAL SERIES No.87

I80H#8(.*0"*#44/(#"#$%&'()*#++$,-$%"($%(./*&0%&(
5#L;C&#-&C.(+-).J+-/-)&L#;-.(/+C`&L(/*/-%"&^;C./L+&(+CD#-C+C&X/.J/-&%&(+CD#-C+&.#&J;*%-&.(%KK/L8/-)Z&• (%./K/L%./#-&%-I&I#*+C./L&/*D"+*+-.%./#-&#K&'(#.#L#"[• I+H+"#D*+-.&#K&D(%L./L%"&.##"C&K#(F&L(/*/-%"&^;C./L+&%L.#(C1&/-L";I/-)&"%X&+-K#(L+*+-.1&H/L./*&%CC/C.%-L+&
D(#H/I+(C1&D(#C+L;.#(C1&^;I)+C1&
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D(#H/I/-)&.+LJ-/L%"&%CC/C.%-L+&/-&*#(+&.J%-&V=&L#;-.(/+CZ
V)008&(#%5(.3H8$,#'$0%&• ,-.+(-%./#-%"&5(%*+X#(8&K#(&4L./#-&.#&,*D"+*+-.&.J+&7(%KK/L8/-)&/-&'+(C#-C&'(#.#L#"&• E#I+"&N%X&%)%/-C.&7(%KK/L8/-)&/-&'+(C#-C&• 5/(C.&4/I&b/.&K#(&2C+&$9&N%X&6-K#(L+*+-.&5/(C.&P+CD#-I+(C&/-&4II(+CC/-)&c;*%-&7(%KK/L8/-)Z&• 4&c%-I$##8&K#(&'%("/%*+-.%(/%-C&• 7##"8/.&.#&B#*$%.&7(%KK/L8/-)&/-&'+(C#-C&• 4-./dc;*%-&7(%KK/L8/-)&E%-;%"&K#(&B(/*/-%"&:;C./L+&'(%L././#-+(C&4-&#H+(H/+X&#K&%""&.##"C&
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J..DFRRXXXZ;-#ILZ#()R;-#ILR+-RJ;*%-d.(%KK/L8/-)RD;$"/L%./#-CZJ.*"a98

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

E#I;"+&>
Definitions:Trafficking in Persons andSmuggling of Migrants

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RESOURCE MATERIAL SERIES No.87

Definition of trafficking (Art. 3.a)Trafficking in persons shall mean:• [action:] the recruitment, transportation, transfer, harbouring, or
receipt of persons• [means:] by means of the threat or use of force, coercion,
abduction, fraud, deception, abuse of power or vulnerability, or
giving payments or benefits to a person in control of the victim• [purpose:] for the purpose of exploitation, which includes
exploiting the prostitution of others, sexual exploitation, forced
labour, slavery or similar practices, and the removal of organs.

Definition of trafficking/2 (Art. 3.b/c)• Consent of the victim is irrelevant where illicit meansare established• Consent of a child is irrelevant.
• Trafficking in children (any person under 18) does
not have to involve any of the specified means– (i.e. threat or use of force, coercion, abduction, fraud,
deception, abuse of power or vulnerability, or giving
payments or benefits to a person in control of the victim)

100150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

What is “smuggling of migrants”?
“…the procurement, in order to obtain, directly or indirectly, a financial orother material benefit, of the illegal entry of a person into a State Party ofwhich the person is not a national or a permanent resident”.
Article 3(a), United Nations Protocol against the Smuggling of Migrants by Land,
Sea and Air

Three Elements:– illegal entry of another person;– the other person is neither a national nor permanent resident of thecountry entered;– agreement to receive a financial or other material benefit.

Differences between trafficking and smuggling• Consent– The smuggling of migrants, while often undertaken in dangerous or
degrading conditions, involves migrants who have consented to thesmuggling. Trafficking victims, on the other hand, have either neverconsented or, if they initially consented, that consent has been renderedmeaningless by the coercive, deceptive or abusive actions of thetraffickers• Exploitation– Smuggling ends with the arrival of the migrants at their destination,
whereas trafficking involves the ongoing exploitation of the victims in somemanner to generate illicit profits for the traffickers.

• Transnationality– Smuggling is always transnational, whereas trafficking need not be.
Trafficking can occur regardless of whether victims are taken to anothercountry or only moved from one place to another within the same country.

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Trafficking vs. Smuggling
Trafficking

Smuggling• Crime or violation against aperson• Unauthorized bordercrossing – crime or violation
against a country or state• Contains element of coercion(cannot consent toenslavement)• Can include smuggling, plus
subsequent exploitation
and/or forced labor• Trafficked persons seen as
victims by the law• No coercion• Criminal income derived
solely from smuggling• Persons smuggled are notgenerally victims of crime

Three Elements of Trafficking

1

2

3

PROCESS

MEANS

END





102

How did the person getto where they are?
How did the person findout about the job?

What happened when
they arrived in thedestination country?
What was it like when
they started to work?



Was the person paid? How
much? How often?
Did the person try to leave
his/her job? What
happened?
Is the person afraid of
his/her employer? Why?

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

Case Study 1: Human Trafficking or Smuggling?
• Samantha read an advertisement in the local paper
about work as a domestic helper in another country.
• She did not pay a fee at time of application.
• At the airport, she was given a passport andinstructions.
• A man and woman met her at the destination and took
her passport. They told her they would return it when
she has paid back the recruitment costs.

Cont.
• She is driven to the home where she will work.
• The man and woman and the new employer exchangemoney.
• The man and woman told Samantha she will be paid,
but has to pay for accommodation, food and recruitment
fees.
• Her debt increases as time goes on because she is paid
little and the cost of food etc. is high.
• She is physically abused for every mistake.

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RESOURCE MATERIAL SERIES No.87

Cont.
• Samantha works 7 days a week for 14 hours a day.

Case 1• What further questions do you have?
• Why is this trafficking?
• Or why is it not trafficking?

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Case 2• Peter runs a factory that weaves silk for dresses• Peter needs workers who can do the fine work for very
low wage• Peter asks Robert to find young boys to do the work.
• Robert goes to the country and finds Dino, a young boy.
• Robert tells Dino’s mother that Dino will be paid, havefood and a bed.
• Robert pays Dino’s mother a small sum for the boy.

Cont.
• Dino works at the factory with some older boys.
• He is given a weak stew most of the time.
• He sleeps on straw under the machines.
• He is paid a coin every week.

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RESOURCE MATERIAL SERIES No.87

Case 2: Is it human trafficking ?
• What are the elements?
• What questions do you have?

Case 3• Manuel sees an advertisement for travel to anothercountry for work in agriculture, factories, and the foodindustry.
• Manuel contacts the agency and learns there is a largefee. He learns that they will travel by truck to airplane
and that immigration documents will be provided.
• Manuel saved money from working and borrowed therest from his family and paid the agency.

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150TH INTERNATIONAL SENIOR SEMINAR
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Cont.
• Manuel and ten others traveled by truck to a seaport.
• They waited there without food for two days and thenwere smuggled aboard a ship.
• The group traveled by truck and ships for 12 months.
• One day the truck doors were opened and the group
was told to get out and that they were on their own.
• No documents were provided to them.

Case 3: Is it human trafficking or smuggling?

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RESOURCE MATERIAL SERIES No.87

Case 4• Joy is from South-East Asia and recently lost her factoryjob.
• Joy is divorced and has two children to support.
• Joy hears of a job in a another Asian country in a hotel
as a cleaning woman.
• She drives across the border with her friend’s brotherand is put into a van with other women and men.
• The group travels for six days in vans, boats and vanscrossing several borders.

Cont.
• The women are sometimes locked in apartments andare always under guard.
• The women are now afraid.
• The women are forced to strip in front of a group ofmen.
• Joy is sold to a bar owner who tells her she must work
as a prostitute to pay off travel debts.
• The owner threatens her by telling her she will bearrested, beaten or sold to more dangerous men.

108

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPERCont.
• Joy works every day for 12 hours and eats only once.
• She is fined for every infraction and has to pay for her
own clothing and food.
• Is this human trafficking?
• Why or why not?

E#I;"+&<

Indicators of Trafficking in Persons
and Smuggling of Migrants

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RESOURCE MATERIAL SERIES No.87

Why is Identification so Difficult?
• Fear• Isolation• Hidden crime• Blending in• Distrust

Identifying Survivors• Under control of
traffickers/pimps/gangs• Trained to tell lies and false stories• Distrust of law enforcement• Reluctant to engage with social
service providers• Change of location frequently• Difficult to tell age• False I.D.s

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Direct Reporting• To law enforcement• To NGOs• To others• To “good samaritans”• To Clinics, hospitals

Routine police activity• Traffic stops/accidents• Border crossings• Crime investigations• Investigation of sites of potential exploitation• Community policing• Advertisements• Embassies/consulates• Missing children cases

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Who Else Might Discover a Trafficked Person?
• Community organizations • Clinics/hospitals• Good Samaritans• Private attorneys• Consulates or embassies• Judges• Other trafficked persons• Customers/clients• Witnesses• Mental health service
providers• Faith basedorganizations• Domestic violenceadvocates

Possible Indicators

112•

Workers living on/near site in employer controlled
housing•

Restricted and controlled communication andtransportation•

No documents (held by someone else)•

Overly fearful•

Assumed identity/false documents•

Physically afraid, but attached to trafficker

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

Indicators cont.
• Inconsistencies in story• Lack of knowledge of a given community or location• Excess cash
• Hotel room keys
• Injuries/signs of physical abuse or torture• Chronic runaway/homeless youth

Indicators (cont.)• Presence of an overly controlling and abusive“boyfriend/husband”• Rehearsed story• Layers of abuse• Age• Gender113

RESOURCE MATERIAL SERIES No.87

Indicators of Child Trafficking• No access to parents or guardians• Behavior not typical for age• No friends• No access to education• No time for play
• Skimpy clothing• Scared, unhappy• Know sex related words in local language

Indicators• Are not proof!
• Are the starting point for investigations– proactive investigations– reactive investigations

114

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

Proactive activity• Targeted raids• Going in with other agencies such as labor or healthand safety inspectors• Identification of routes and planning operations attransport facilities• Surveillance and other proactive investigation
techniques• Planned border operations

Sexual exploitation
People who have been trafficked for the purpose of sexual exploitation may:•Be of any age, although the age may vary according to the location and the market•

Move from one brothel to the next or work in various locations•

Be escorted whenever they go to and return from work and other outside activities•

Have tattoos or other marks indicating “ownership” by their exploiters•

Work long hours or have few if any days off•

Sleep where they work•

Live or travel in a group, sometimes with other women who do not speak the same language•

Have very few items of clothing•

Have clothes that are mostly the kind typically worn for doing sex work•

Only know how to say sex-related words in the local language or in the language of the client
group

•

Have no cash of their own•

Be unable to show an identity document

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RESOURCE MATERIAL SERIES No.87

Forced Labour
People who have been trafficked for labour exploitation may:•Live in groups in the same place where they work and leave those premises infrequently,
if at all•Live in degraded, unsuitable places, such as in agricultural or industrial buildings•

Not be dressed adequately for the work they do: for example, they may lack protective equipment or
warm clothing•

Be given only leftovers to eat•

Have no access to their earnings•

Have no labour contract•

Work excessively long hours•

Depend on their employer for a number of services, including work, transportation and accommodation•

Have no choice of accommodation•

Never leave the work premises without their employer•

Be subject to security measures designed to keep them on the work premises•

Be subjected to insults, abuse, threats or violence•

Lack basic training and professional licences

Domestic Servitude
People who have been trafficked for the purpose of domestic servitude may:
• Live with a family• Not eat with the rest of the family• Have no private space• Sleep in a shared or inappropriate space• Be reported missing by their employer even though they are still living in theiremployer's house• Never or rarely leave the house for social reasons• Never leave the house without their employer• Be given only leftovers to eat• Be subjected to insults, abuse, threats or violence.

116

150TH INTERNATIONAL SENIOR SEMINAR
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Begging and Petty Crime
People who have been trafficked for the purpose of begging or committing petty crimes may:
• Be children, elderly persons or disabled migrants who tend to beg in public places and on public
transport• Be children carrying and/or selling illicit drugs• Have physical impairments that appear to be the result of mutilation• Be children of the same nationality or ethnicity who move in large groups with only a few adults• Be unaccompanied minors who have been “found” by an adult of the same nationality or ethnicity• Move in groups while travelling on public transport: for example, they may walk up and down thelength of trains• Participate in the activities of organized criminal gangs• Be part of large groups of children who have the same adult guardian• Be punished if they do not collect or steal enough• Live with members of their gang
• Travel with members of their gang to the country of destination• Live, as gang members, with adults who are not their parents• Move daily in large groups and over considerable distances

E#I;"+&\

International Cooperation

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RESOURCE MATERIAL SERIES No.87

International Cooperation
Mutual Legal
Assistance

Extradition

Transfer ofSentenced
Persons

Joint
Investigations

Confiscationof proceeds of
crime

Law
Enforcement
Cooperation

SpecialInvestigative
Techniques

Legal Basis• Extradition/MLA treaties:– Bilateral– Multilateral (regional)¥ Crime/Terrorism
conventions– UNTOC– UNCAC– 1988 Drug Convention– Terrorism conventions

Complementary source: domestic law of Requested State• Basis of reciprocity• Allowed under domestic legislation

118

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

UNTOC• Very comprehensive regime for international cooperation:– Extradition (Article 16)– Mutual legal assistance (Article 18)– Transfer of sentenced persons (Article 17)– International cooperation for purposes of confiscation (Article 13)– Smuggling of migrants by sea (Migrants Protocol, Articles 7-9)

• All of these provisions apply to the Protocols once ratified

Extradition• The surrender by one State of a person present in its
territory to another State that seeks this person either:– for the purpose of prosecution or– for the purpose of enforcing a sentence•  Ultimately, it’s an act of the executive, not of the
judicial authority

Requesting
State

Surrender
Requested State
Request119

RESOURCE MATERIAL SERIES No.87

Extraditable Offences•••

Extradition Treaties:
A list added to the Treaty specifies which offences are covered; orConduct punishable under the laws of requesting and requested country by
imprisonment for a maximum period of at least x years or by a more severe penalty•••

International crime conventions such as UNTOC:
Offences under treaties are extraditable if accept as treaty base
Deemed as extraditable in existing treaties/included in future treaties••

Dual criminality: often required in domestic extradition laws
Conduct-based test: Facts must constitute an offence in both States, no matter how
those offences are qualified
Importance of ratifying international instruments: offences harmonized among
countries•

Extraditable offences under UNTOC
UNTOC Offences
Participation in an
Organized CriminalGroup
Laundering ofProceeds of Crime
Corruption
Obstruction of Justice
Other “serious crimes”
punishable by amaximum deprivationof liberty of at least
four years

120

TiP Protocol Offences
Trafficking in persons• If the offence involves
an organized criminalgroup and• The person is locatedin the territory of therequested State party

Migrant Protocol Offences
Smuggling of migrants
Fraudulent identity docs
Enabling illegal stay

Firearms Protocol Offences
Illicit trafficking
Illicit manufacture
Falsifying markings

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

Standard provisions re . extraditable offences
Offences deemed extraditable in existing treaties
and to be included in future treaties
Convention basis for extradition at discretion ofRequested State if treaty required
If not applying Convention as basis, seek toconclude treaties where appropriate
If no treaty required, recognize offences as
extraditable as between states parties

Extradition Process: Common Problems
Few Norms
in Extradition
Treaties

Bureaucratic
Slow
Cumbersome

Applicationof DualCriminality

Common Problems

Need for
Prima
Facie
Evidence

HighlyPolitical Final
Decision
Taken by the
Administration

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RESOURCE MATERIAL SERIES No.87

Standard provisions
Urges states to expedite
and simplify

If domestic law
permits offences,not political offence

Domestic law/treaty applies but

Guarantee of fair
process/protections

Provisional arrest
recognized

Extradition request – Content

122•

Follow the requirements of the requested State’s legislation•

Main elements:– Contact details of the authority submitting the request– Legal basis– Description, identity, location and nationality of the person sought– Statement of the facts– Legal qualification of the acts
– Summary of incriminating evidence– Arrest warrant or judgment– Guarantee of respect to the rule of specialty– Signature of issuing authority, date, official stamp– Annexes: Arrest warrant or judgement; Legal texts; Essential evidence•

Formal requirements: language and mode of transmission

150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

Provisional arrest• If urgent, the judicial authority of the requested Statemay issue an order for provisional detention of a personsought pending receipt of the formal extradition request– Strict time limits for extradition request• Transmission of request for provisional detention ideallythrough:– Interpol– Directly to the competent authority

Grounds for Refusal
Extradition
Treaties
Nature of Offence¥Political offences¥Military law only

Characteristics ofOffence/Sentence¥Death penalty¥Persecution concerns¥Unjust or oppressive incircumstances

Procedural Grounds¥Autrefois acquis/convit
or double jeopardy¥Lapse of time

UNTOC

Domestic
Law
Constitution

Referral toExtradition
Treaties orDomestic Law

Law on Judicial
Cooperation

Special Provisions

Criminal Procedure¥ Discrimination
clause¥ Fiscal offence¥Extradite orprosecute own
nationals

Criminal Law

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RESOURCE MATERIAL SERIES No.87

Extradite or prosecute
Person sought for prosecution
by Requesting State

Refusal to extradite
on basis ofnationality

May allow Requesting Stateto prosecute if person
will be returned in order toserve sentence

Requested State shall submit tocompetent authorities forprosecution in same manner asother serious crimes

Extradite or prosecute
Person sought for purpose ofenforcing sentence by Requesting State

Refusal to extradite
on basis ofnationality

Upon application by the Requesting State
Requested State shall consider
the enforcement of the sentence imposedby the Requesting State

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VISITING EXPERT’S PAPER

Other grounds for refusal• Discrimination clause:– Can refuse if substantial grounds for believing request madefor purpose of prosecuting on basis ofsex/race/religion/nationality/ethnic origin/political opinion or
would be prejudiced• Fiscal matters:– Cannot refuse extradition on this ground• Political offence exception:– Terrorism treaties require that extradition not be refused forthese crimes• Consultation: State must consult before refusing

Extradition Best Practice – Implementation• Modern flexible domestic law which provides for interalia:• deeming/recognition of offences• use of Convention as a basis for extradition• simplified process/evidence for requests• full panoply of procedures, including provisional arrest• limited grounds of refusal

125

RESOURCE MATERIAL SERIES No.87

Mutual Legal Assistance• Mechanisms by which States receive and provide
assistance to gather evidence for investigations andcriminal prosecutions•  Vital tool within the criminal justice system: throughrequest, one State authorizes another State to takemeasures, often coercive
Requesting State

Assistance

Requested State

RequestUNTOC – Legal Basis• Legal bases for MLA are the same as those alreadyidentified• UNTOC - Article 18:– Mini-treaty!
– If the parties are not bound by a treaty, then UNTOC
procedures apply– If there is a treaty, they can still agree to apply UNTOC
procedures

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150TH INTERNATIONAL SENIOR SEMINAR
VISITING EXPERT’S PAPER

UNTOC – MLA• Parties shall afford one another the widest measure ofmutual legal assistance• Applies to all offences in Convention and Protocols, if
ratified:– Where there are reasonable grounds to suspect offence istransnational in nature and involves an organized criminalgroup

Types of Mutual Legal Assistance
Service of
judicial
documents

Executionof searches,seizures, freezing

Examiningobjects & sites

Provideinformation &evidentiary items

Providedocuments
and records

Identify & trace
proceeds & property
for evidence

Taking evidenceor statements frompersons

Facilitating
voluntary
appearances

Temporarytransfer of persons
in custody+ ANY OTHER ASSISTANCE UNLESS PROHIBITED

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Making a Request
Form of requests

Content of requests¥Written record¥Language acceptable torequested State¥Urgent cases: orally with later
confirmation¥Best practice: use of modern
technology¥Checklist in Art. 18(15)¥Checklist for confiscation
requests: Art. 13(3)¥Additional info may berequested by requested
Party¥Best practice: priorconsultation before making arequestUNODC software: MLA Request Writer Tool

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Supporting the other State in prosecuting• Request to be executed in accordance with domestic
law of the requested State
BUT• Need to respect specific procedures described in therequest unless prohibited or impossible, so as not topose obstacles to the prosecution

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Grounds for refusal
Requirements not met,
prejudicial to essential
interests, would be prohibited
if domestic case

Execution may be refused
Reasons for refusal must be
given

Cannot refuse
on this basis

Offence considered to involve
fiscal matters

Dual criminality does not exist

Execution may be refused, but
State may still choose toprovide some or all assistancerequested

Before refusing or postponing
execution

Obligation to consult:possibility to agree on
conditional execution

MLA Best Practice – Implementation• Modern flexible mutual assistance legislation permitting:• use of Convention as a basis for mutual legal
assistance in the absence of a treaty• broad range of assistance measures• rendering of assistance in the absence of dual
criminality• limited grounds of refusal

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International cooperation for purposes of confiscation
 Art. 13 UNTOC: Sets out regime for international cooperation
regarding confiscation– One State enforces a confiscation order from another State or– One State obtains a confiscation order based on request by other State– Can also seek assistance of other State in tracing, freezing or seizing
assets in view of their eventual confiscation

Can seize and confiscate:
Proceeds of crime derived from offences covered by Convention
Property, equipment or instruments used to commit offences covered by
Convention

Smuggling of migrants by sea• States may call for assistance where vessels flying their flag orwith no nationality are suspected of smuggling migrants (Art. 8.1)
– If no nationality, can board and search• States may request permission to board and search vessels ofother States, where vessels suspected of smuggling (Art. 8.2)
– Must inform flag State results of search and can take appropriate
measures with authorization of flag State if evidence of smuggling found– States must designate national• authority for dealing with requests

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Communicate with your counterparts• International cooperation is greatly facilitated bycommunication!
• Informal, direct and spontaneous contacts (e.g.
tele/video-conferences)• Simplify and speed up procedures• UNODC can facilitate• inter-State cooperation

UNODC Assistance• UNODC has developed a variety of tools to facilitate international
cooperation:– Online directory of competent national authorities– Case Law Database– MLA Request Writer Tool
– Legal database• Training on international cooperation• Facilitating regional networks• Expert Working Group on International Cooperation a permanent
part of Conference of the Parties

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Contact• For more information about UNODC’s Anti-Human Trafficking
and Migrant Smuggling Unit, contact:• The Anti-Human Trafficking and Migrant Smuggling Unit
– UNODC
P.O. Box 500
1400 Vienna
Austria
Tel. (+43-1) 26060-5687
Fax. (+43-1) 26060-5983– http://www.unodc.org/unodc/en/human-trafficking/– Email: ahtmsu@unodc.org

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HUMAN TRAFFICKING:A CHALLENGE TO THAILAND AND THE WORLD COMMUNITY
Wanchai Roujanavong*I. INTRODUCTION
Human trafficking, or trafficking in persons (TIP), is a heinous and widespread crime occurring aroundthe world in nearly every society. It is considered to be a form of modern-day slavery that causes suffering
to victims who are treated as badly as slaves were in the past. The majority of human trafficking crimes aretransnational and most of them involve, are operated or are controlled by organized criminal groups.1 This
crime generates such a huge amount of money for the traffickers that it is ranked second after drug-related
crimes in terms of profitability. The complexity, international characteristics, and human aspects involved inhuman trafficking, plus the lack of efficient laws, the lack of understanding of this crime by law enforcement
officers, the powerful influence of organized criminals and the weak international cooperation among relevant
countries make human trafficking a very low risk but very high profit crime.
Trafficking in persons challenges to the world community to find efficient and practical solutions to fight
this serious crime against humanity. This paper will endeavour to highlight this crime, its modus operandi
and solutions being used, and that should be used, to fight this crime. It must be resisted to prevent its
victims from being forced, assaulted, exploited, tortured or even killed by the traffickers or exploiters. The
paper will also demonstrate the need for modern legislation, strong political will and firm determination oflaw enforcement officers to fight this crime, the need to have sufficient measures and incentives to persuade
the victims to cooperate with law enforcement officers, and the need to enhance international cooperation inorder to make the suppression of TIP an attainable goal.
All the above-mentioned challenges are very serious challenges that countries around the world haveencountered, so countries must work together to abolish this crime in the same manner used to suppress
and abolish historical slavery. I strongly believe that if we were able to work together to eradicate theslave trade and slavery in the past, the global community can likewise work together again to put an end tohuman trafficking. It is our duty to take part in this battle to eliminate this crime against humanity for the
betterment of the global community.

II. DEFINITION AND TYPES OF TIP
A. Definition of TIP
Human trafficking has been defined in the UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children as:‘Trafficking in persons’ shall mean 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 the 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or otherforms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or
the removal of organs;* Director General of the International Affairs Department, Office of the Attorney General of Thailand.
1 In accordance with the UN’s definition of organized criminal groups provided in the UN Convention against Transnational
Organized Crime or the Palermo Convention

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The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a)of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
The recruitment, transportation, transfer, habouring or receipt of a child for the purpose of exploitation
shall be considered ‘trafficking in persons’ even if this does not involve any of the means set forth insubparagraph (a) of this article;‘Child’ shall mean any person under eighteen years of age.2
This definition of human trafficking is a bit complicated, but it covers all the acts that constitute TIP and
is viewed as a fairly complete definition to identify trafficking in persons in modern society. The importanceof the definition is that 124 countries are States Parties to this Protocol3 and more countries are going to
ratify the Protocol in the future. The Protocol requires States Parties to incorporate the definition prescribedin the Protocol into their own laws and to punish human trafficking in accordance with the definition of
the Protocol. In other words, the definition in the Protocol has become the universal definition of humantrafficking since countries around the world use the same or similar definition to combat human trafficking.
Having the same meaning for the same crime leads to the establishment of offences of TIP with the sameor similar elements, which benefits all parties dealing with the crime and makes international cooperationin the fields of information sharing, prevention, suppression, mutual legal assistance and extradition lesscomplicated.
Many countries have enacted or amended their domestic laws based on the Protocol so that their laws
not only cover the definition of TIP but also other obligations prescribed in the Protocol. Thailand has also
enacted new legislation based on the Protocol. However, instead of incorporating the definition into thelaw, it used the definition to create offences of TIP, enabling Thailand to comply with all the compulsory
obligations in the Protocol. The new law is called “the Prevention and Suppression of Human Trafficking Act
of 2008” (the Anti-Human Trafficking Act). This new Act creates offences in accordance with the Protocol
and the main focuses of the Act are on the protection of and the giving of assistance to victims while
prescribing severe penalties for traffickers and those who take part in trafficking. The Act provides manymeasures to fight human trafficking in various forms.

B. Types of TIP in Thailand
Trafficking in persons in Thailand can take various forms. There are three main types of trafficking in persons
in Thailand, namely for exploitation through the prostitution of others or other forms of sexual exploitation, forforced labour or services and slavery or practices similar to slavery, and for exploitation through begging.
1. TIP for Sexual Exploitation
In Thailand, trafficking for sexual exploitation in the form of prostitution or in other forms is the mostprevalent form of trafficking. This is a global phenomenon. According to the UNODC’s “Global Reporton Trafficking in Persons ”, the most common form of human trafficking (79%) is sexual exploitation. The
victims of sexual exploitation are predominantly women and girls. The second most common form of humantrafficking is forced labour (18%), although this may be a misrepresentation because forced labour is lessfrequently detected and reported than trafficking for sexual exploitation.4
Prostitution has been dubbed “the world’s oldest profession,” employing voluntary and trafficked sex
workers. The differences between voluntary prostitution and exploitation of prostitution of others are thatvoluntary prostitutes consent to sex work for money, while trafficked victims are forced, coerced, or placed
under undue influence to engage in prostitution. If one visits a place for prostitution, such as a brothel, one
might assume that the prostitutes there are voluntary prostitutes. However, many methods are used toforce and control unwilling prostitutes so that they cannot refuse providing sexual services to customers andappear voluntary.
2 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Art. 3 (3 Aug. 2012),

available at http://www.no-trafficking.org/resources_laws.html.
3 Status as of 26/09/2008 as published in the UNODC website.
4 UNODC’s “Global Report on Trafficking in Persons” published in February 2009, pp 50.

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One method of control commonly used by traffickers is claiming an excessive amount of debt from thevictims, which is known as “debt bondage.” Many victims are deceived with the promise of a decent andwell-paying job in a foreign country, such as in a factory or a restaurant, but end up being sold to brothel
owners and forced to work as prostitutes under debt bondage. Such victims are often forced to pay back at
least twice the amount of money that the brothel owners paid to buy them from the traffickers.
Some women go abroad having been informed correctly that they will work in the commercial-sex
business. Such initially voluntary prostitutes believe that they will work with freedom of movement andreceive a fair share of earnings from the sexual services they provide. Some pay for their own travel costs,
but often traffickers pay for all the travel costs and expect the debt to be paid back by these women. Whatthese women are not told is that they will be in heavy debt bondage, kept in detention with no freedom of
movement, and receive no payment until all their debt is paid off through their services. These victims
normally come from poor families in rural areas with low education and are easily deceived. Thesevulnerable women had originally looked forward to having a well-paid job and were willing to take a risk in
an unknown land, but instead became victims of human trafficking.
Another method of control is by placing the victim in a helpless situation. Once they reached thedestination in a foreign country, the victims tend to be very vulnerable and totally dependent on the
traffickers or the exploiters. They are unfamiliar with the area, the language, the culture and the legal
system in that country. Their passports and money are confiscated by the exploiters, and the victims aredetained in brothels under the control of pimps or ‘mama-sans’ (brothel madams). Moreover, they are toldthat without a passport they are considered illegal immigrants and would be arrested by the police if they
ask them for help. Under these conditions, the victims are trapped and discouraged from escaping.
A small proportion of victims of human trafficking are subject to other forms of sexual exploitation
besides prostitution. For example, some girls are sold off to marry aging men for a period of time (sixmonths to one year or more) for a considerable sum of money. These sexual exploiters pay money to theparents, or the traffickers, in the pretext of dowry. In actual fact, these girls are sent off to become sex slavesof those aging men.
Due to the complex situations described above, law enforcement officers have difficulty in distinguishing
between voluntary prostitution and forced prostitution. Even though voluntary prostitution and humantrafficking are illegal under the laws of most countries, the severity of punishment for each differs.
Prostitution is considered to be an immoral offence and a public nuisance that has existed since ancient
times. Voluntary prostitution is normally tolerated by law enforcement officers in most countries due toit being a petty offence and/or because of corruption. On the contrary, human trafficking is a very serious
crime against humanity and carries severe penalties.
Identifying who is a voluntary prostitute and who is a victim of trafficking is not an easy task. Thus, law
enforcement officers need intensive training to look for the traits of the use of force, deception, coercion,
detention, undue influence or any other means that compel women to work as prostitutes. If any of suchmeans have been used, then the women are victims of human trafficking and not voluntary prostitutes andthe traffickers and their exploiters must be arrested and charged with the offences of trafficking in persons.
2. TIP in the Forms of Forced Labour and Slavery
The victims of trafficking in the category of forced labour or services and slavery or practices similar toslavery are often considered illegal economic migrants. There are more than two million illegal migrants in
Thailand. Some illegal economic migrants become victims of human trafficking. Most of these victims aremen and women living in poverty in rural areas and look forward to finding a well-paying job in an urban area
or in a foreign country. The majority of them have low education and lack the skills required by well-paying
jobs. When the traffickers offer them a well-paying job in other countries, providing false information about
the income and/or conditions of work, the victims ignorantly accept and do whatever the traffickers tellthem.
When they cross the border, some victims are sent to factories with high walls and locked gates andsome are sent to farms. The factory or farm owners who paid the traffickers to smuggle them then deduct
the amount paid from the salary earned by the workers. These factories or farms are often unhygienic

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and require hard labour that very few local people would accept. During the initial stage, the workers areprohibited from leaving the workplace and, in some cases, are detained within the factories or farms until
the amount paid to the traffickers is fully deducted. Even after this repayment, the workers receive less thanthe minimum wage set forth in the labour laws and regulations. These illegal immigrants end up underpaid
and work long hours with deficient sanitation and inhumane living conditions.
Besides factories or farms, the massive fishing industry in Thailand employs many foreign migrants (bothlegal and illegal migrants) as part of ships’ crews. It is an honest business like other industries and most ofthem are good employers who hire migrants with good pay and fair work conditions. However, a few greedy
owners of fishing trawlers exploit illegal migrants. The victims of this form of trafficking comprise quite asmall minority of the several hundred thousand foreign workers who worked willingly in the fishing industry.
Additionally, they are considered to be illegal economic migrants, not victims, until the facts concerning the
exploitation are revealed to the authorities.
Another form of forced labour is domestic servitude. Many domestic servants are brought by the
traffickers from their countries of origin to the countries of destination and delivered to the masters for a
price. The majority of domestic workers receive fair treatment and pay. However, some domestic workers
become victims of trafficking when they are exploited by their masters using violence, sexual assault or
sexual harassment, or other illegal means. In some cases, the workers are not allowed to go out of the houseor are violently abused, while receiving low wages for their work.
In a case of trafficking for domestic servitude with violent exploitation, a 14-year-old girl was hired froma remote rural area in Thailand for domestic work in the house of the defendant. The victim was forced to
do housework from 4.30 a.m. until midnight everyday without adequate rest, food or wages. The victim was
not allowed to leave the house. On various occasions, the female exploiter used violence against the victim
by beating her on the head, back and knees with a wooden stool, stabbing her chest with an iron rod, andother means of violence which inflicted serious wounds, bruises and some severe bleeding on the victim.
This exploiter was arrested and prosecuted. The exploiter was convicted and sentenced to nine years and 42
months of imprisonment and was ordered to pay compensation of 200,000 Baht (approximately US $6,330)
to the victim. The verdict was affirmed by the Appeal Court.5
3. TIP in the Form of Forced Begging
The begging business in Thailand generates good income for beggars. According to many studies andsurveys conducted by the Ministry of Social Development and Human Security (MSDHS), the media andvarious NGOs, it has been found that begging earns on average US $1,000-2,000 per month, which is over
two to four times the salary that the average recent Thai university graduate makes. Many beggars live
a normal life off the street. When they go to work as beggars, they don ragged clothes, changing theirappearances to appeal to the sympathetic nature of the passersby. Because of the good income of thisbusiness, traffickers take advantage of the opportunity to earn easy money by bringing infants, children,
aged persons or lame persons from neighbouring countries to work as beggars. Forced begging, however, is
one of the most visible forms of human trafficking.
4. TIP for the Removal of Organs
In accordance with the definition set forth in the Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, removal of organs to collect human body parts is one form of
human trafficking. It is an expansive underground business in line with the progress of medical knowledge.
The transplantation of malfunctioning organs, such as livers and kidneys, is a normal medical procedureused to help human beings live longer. However, the buying and selling of such organs are illegal in mostcountries. The only legal means of getting a new organ to replace the old ineffective one is through donation,
but the demand is overwhelmingly higher than the supply.
For the rich who do not want to be part of the growing waiting list and wait year after year with little
hope of getting a suitable donated match, the only means to get the organs is to buy from an illegal market
through clinics or hospitals willing to perform such illegal operations for money. Orders are sent totraffickers (in developing countries) to procure the organs with the necessary qualities. The traffickers will
5 Public Prosecutor v. Wipaporn Songmeesap , Court of Appeals (Sarm Uthorn) No. 12213/2552 (6 Nov. 2009).

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kidnap young persons and take them to illegal clinics for removal of the ordered organs. The traffickers
then immediately deliver the collected organs to the clinics or hospitals that will perform transplants forthe rich. Such sale of human organs taken from a living person in such manner is classified as an offence of
TIP in the law of all States Parties to the Trafficking Protocol. Nevertheless, the crime of organ theft fromliving persons is not widespread because the alternatives of stealing and illegally buying human organs fromthe deceased are already quite big businesses around the world.6 However, there is no report of humantrafficking for the removal of organs in Thailand.

III. SITUATION OF TRAFFICKING IN THAILANDCountries can be classified by the problems of TIP that they encounter, i.e. as a sending country or
country of origin, as a receiving country or destination country, or as a transit country. Most countries have
one status, few countries have two statuses and it is rare to find countries with all three statuses. Thailand is
one of the few countries that is faced with all three statuses of TIP.

A. As a Country of Origin
Many Thai women are trafficked to work overseas. In many previous cases where Thai women weretrafficked abroad, victims were told that they were in debt bondage of approximately US $75,000 or more.
Moreover, the victims had to pay interest and all the expenses incurred during their time working at thebrothel, e.g. food, clothes, cosmetics, room, etc. All of these expenses would continuously be added totheir debt and in turn they would have to sleep with even more customers to get out of the increasing debt
bondage. The normal practice is that each prostitute has to render services to at least 500 customers ina limited period of time before she would receive her share from the services. If she cannot service 500
customers in the set period of time, the number of minimum customers would be raised. If the victim
refuses to work as a prostitute, she would be detained without food until she yields to the demands of the
procurer and ‘mama–san’. In some cases the victim is assaulted or raped until she gives in.
The main destinations for Thai victims of trafficking are Japan, Germany, the United States, the United
Kingdom, South Africa, Australia, etc. The most frequent destination of Thai victims is Japan. Each year,
approximately 25,000 Thais overstay their tourist visas in Japan, and approximately 90% of them arefemales.7 These victims tend to be undereducated, ignorant, and easily deceived. The following caseexample demonstrates how ignorant one actual victim was. One woman was lured with a promise of wellpaid job in a restaurant in “America” (the US). When she checked in at the airport, she noticed that thedestination was South Africa instead. Out of suspicion, she asked the trafficker why she was going to South
Africa, not America. She was told that South Africa had a common border with America, so they had to fly toSouth Africa first and then take a bus to America. The victim believed what she was told and ended up in abrothel in Johannesburg, South Africa.8
Some of the victims are deceived to pay for their own travel and other expenses in advance. One victim,
who was told that she could work in a restaurant but was instead sold to be a prostitute in South Africa,
mortgaged her father’s land for 40,000 Baht (approximately US$ 1,300) to pay the trafficker. Upon arrival
in South Africa, she was sold to a Thai ‘mama-san’ and was forced to pay back the money the ‘mama-san’paid to the traffickers by sleeping with 500 customers at the rate of 200 Rands (approximately US$25) per
45-minute session. After being rescued from the brothel, she told that she was strictly under the controlof the ‘mama-san’ the entire time and had no liberty to speak to others except her customers. She used amobile phone of one of her customers to call the Thai Embassy in Pretoria and was rescued by the Thai
Embassy and the special taskforce of the South African police.9
6 Ron Laytner, Black Market Body Parts , Edit International (3 Aug. 2012), at http://www.editinternational.com/read.

php?id=47ddbe51262c7.
7 The information was from a confidential official report of a Japanese government agency of which the author was not allowed
to reveal the name of the agency.
8 The information was derived from a statement given to an investigator by a victim in a trafficking case.
9 The information was derived from a live interview of a Thai girl and two other Thai victims by the author in Pretoria, South
Africa in August 2011.

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The modus operandi of traffickers of Thai women has grown more and more complicated because
traffickers have to counter more stringent-prevention measures of the destination countries, particularly
stricter immigration control. The facts of one particular case in which traffickers brought several Thai
women to sell to brothels in Japan on several occasions provide good examples to help us understand thestrategies used by traffickers.
In this case, the main trafficker opened a travel company with four to five staff. He and another female
trafficker advertised that they could arrange for women to work in karaoke bars or restaurants in Japan andthat the victims would receive high income. Many victims believed their advertisement and fell prey to theirlies. His staff arranged shelter, passports and air tickets for the travelling of the victims. The main trafficker
and another female trafficker took turns trafficking victims to Japan several times. The traffickers knewthat if they took the victims directly to Japan, there was a high probability that the Japanese immigration
would not allow them to enter Japan and would deport them. The possibility of entry came as a result of
making all the victims look like genuine tourists by taking them round-trip from Malaysia to Singapore andthen booking a flight from Malaysia to Europe via Japan. They toured several countries in Europe (France,
Germany, Switzerland etc.) and then boarded the plane back to Malaysia via Japan. While they were waiting
for transit in Japan, the traffickers told the victims not to board the connecting plane. The plane took off
without them. Then they notified Japanese immigration officers that they had missed their connecting flightand applied for a temporary permit to leave the airport to stay in a hotel while awaiting the arrangement
for the next flight. Once they received temporary visas, the trafficker sold the victims to several brothelsin Japan for a considerable amount of money and only the trafficker returned to Thailand. The victims
were detained in the brothels and told that they had to work as prostitutes to pay back a debt of 5,000,000
Yen before they could be freed, receive some share of the income, and return home. These two traffickers
and their staff were prosecuted in the Bangkok Criminal Court. The main trafficker was convicted andsentenced to 39 years’ imprisonment while the female trafficker was convicted and sentenced to 28 years’
imprisonment. Their two staff were convicted and sentenced to six years’ and 14 years’ imprisonment,
respectively.10 The Office of the Attorney General of Thailand sent a request to the Japanese authorities forthe extradition of one brothel owner in Japan of Taiwanese nationality for prosecution in Thailand.

B. As a Destination Country
Although Thailand is a developing country, it is relatively more economically advanced than some of its
neighbouring countries. Thus, many illegal immigrants from neighbouring countries have entered Thailand
for better-paid jobs, or to escape from unrest within their own country. It is estimated that more than
2,000,000 illegal immigrants are in Thailand working in the construction sector, the fishing and seafoodindustries, factories, restaurants, and in houses as domestic workers. The majority of these migrant workers
are Burmese and other ethnic minority groups from Myanmar.
The methodologies used in smuggling illegal immigrants across the border into Thailand, in some cases,
are dangerous. In many instances, the victims are hidden in a vehicle in order to avoid inspection by law
enforcement officers at the border or along the travel routes. Several victims have died of suffocation due
to being packed in cramped spaces, placed under heavy loads of goods, or put in an air-tight container with amalfunctioning air conditioner.
A considerable number of female illegal immigrants have been brought to work in commercial-sex
businesses, e.g. brothels, massage parlours, bars, and karaoke bars. Victims are told by the exploiters that
if they ask for assistance from the police, they will be arrested, imprisoned and deported because they are
illegal immigrants.
One interesting case of trafficking foreign women into Thailand for sexual exploitation is the case of
surrogate mothers who produced children for customers. In 2011, a Taiwanese gang was detected andarrested for using Bangkok as the base for committing this type of crime. They established an illegal
company, rented two houses, and advertised their service on a website. Their service was to produce a childfor a couple or any persons who wanted a child but faced fertility difficulties. After the customers sent sperm
10 Public Prosecutor v. Theerapong or Pa-Kack Khemthong et al., Criminal Court of First Instance (Sarn Aya) No. 1316/2552(2009).

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or sperm and eggs to this gang, the medical process of producing a baby began. To locate surrogate mothers,
the gang cooperated with traffickers in Vietnam to lure young women to Bangkok with a promise of decent
and well-paying jobs. Once the women had arrived in Bangkok, their travel documents were confiscated,
and they were told that there were no other jobs except as surrogate mothers for hire. The victims had nochoice but to accept the offer. The victims were taken to a private hospital to perform the medical process of
artificial insemination or the implantation of fertilized eggs into the victims’ uteruses. The victims carried
the fetuses until birth.
Throughout the duration of the pregnancy, they were locked up in the two rented houses. In order to help
them pass the pregnancy period comfortably, the exploiters provided the surrogate mothers with computerswith internet connection, one of which was used by a victim to contact the Vietnamese Embassy in Bangkok
for help. The result was that all of these women were rescued by the MSDHS and the Thai police, and many
traffickers were arrested. Their networks in Vietnam were also arrested by the Vietnamese authorities
through cooperation between Thai and Vietnamese cooperation. The case is now awaiting trial in the Criminal
Court of Bangkok. The victims have been brought to testify in Court already11 and have been repatriatedback home with the children born from the surrogate process.12
Labour exploitation of illegal immigrants is another problem in Thailand. The Thai government, for the
purpose of regulating these illegal immigrants, allows them to register as legal immigrants who can work
legally for a fixed period of time. Up to November 2011, 1,248,06413 from two millions illegal immigrants,
or around 60%, came out to register. The problem is that the illegal immigrants do not want to pay the
2,000 Baht (approximately US $70) fee for medical examination, health insurance and registration. Some
employers also do not want to pay this cost, because the illegal immigrants might move to another factory assoon as they obtained the working permits.
The problem of forced labour stems from the fact that the owners of factories employing illegal
immigrants have to pay smugglers to smuggle these illegal immigrants into Thailand.14 The amount paid
for smuggling is deducted from the salary of the immigrants. Some illegal immigrants, after working for acouple of days, change their minds about working and run away. To prevent illegal immigrants from escaping,some factory owners detain them in the factories until the smuggling debt is fully deducted. Upon complete
payment, the owners then allow them stay outside the factory and come to work during working hours. Suchdetention against their will is considered to be exploitation constituting a trafficking offence. The Ministryof Labour has been working hard to solve the problem of forced labour in factories, and the result so far issatisfactory. Several factory owners were arrested, prosecuted and convicted with severe penalty.
On September 16, 2006, Thai police and immigration authorities raided a shrimp processing factoryin Samut Sakhon based on the information provided by workers who had escaped from the factory. The
factory was built with 16-foot high, barbed-wire-capped walls and had an internal closed-circuit televisionsystem. The authorities found 280 migrant workers inside the compound living in unhygienic conditions
who had to work long hours. After interviewing all the workers, 63 women and 3 men were identified as
victims of trafficking and were taken to a shelter for protection. The factory owner and other two exploiters
were arrested and prosecuted in the Criminal Court of Bangkok. During the trial the three exploiters
made an agreement with the victims and paid 3.6 million Baht (approximately US $ 120,000) to the 66
victims for unpaid wages and compensation. All three offenders were convicted and sentenced to 20 years’
imprisonment.15 All the victims had received their wages and compensation and had been repatriated to
Myanmar with the cooperation of the Thai and Myanmar government agencies in accordance with the MOU
between Thailand and Myanmar on Human Trafficking.
11 All the victims had been brought to give testimonies in the Criminal Court of Bangkok ahead of the trial in accordance witha special measure in the Anti-Trafficking Act and the Criminal Procedure Code. The testimonies of all the victims are kept induring deposition by the Court and will be retrieved to be used in the trial of the case later on.
12 Bangkok Post (25 Feb. 2010), http://202.172.225.42/news/local/223392/Taiwanese-arrested-over-surrogate-mums.
13 This statistic is from an officer of the Ministry of Labour. The statistic has not been published, because it is for internal use
within the Ministry.
14 The information was obtained from interviews with employers, migrant workers, and NGOs.
15 Public Prosecutor v. Ranya Praew et al., Criminal Court of First Instance (Sarn Aya) No. 4154/2553 (2010).

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Besides factory work, labour exploitation of illegal immigrants in the fishing industry is much more
complicated and is not easy to solve. Working in a fishing trawler is hard work, physically and mentally,
often in dangerous or unpredictable conditions. The labourers have no fixed working hours and have towork in the damp and limited space of the ship. It takes a great deal of endurance to get used to the severe
conditions of this kind of work. Due to the hardship faced, some fishing trawlers cannot find enough seamen
to man the boats, therefore, some owners use every possible way to put the minimum number of workers
onboard to operate their trawlers. Each boat needs approximately 15–30 crew members depending on
the type and size of the boat. Illegal immigrants are persuaded, brought, bought, lured, deceived or evenkidnapped onto some fishing boats, departing before they can change their minds. Victims constitute a small
minority among voluntary crew members who have been working for a long time in the fishing industry.
In many of the cases being investigated, the victims have stated that they wanted to quit after the firsttry but were not allowed to leave the boats because the money paid to the traffickers (US $250-330) had
not been fully deducted from their salary. Some boats had not come to shore for a whole year. Supply ships
provide these trawlers with food, fresh water, fuel and other necessities on the high seas, as well as take thecaught fish back to shore. Thus, the workers had no chance to leave the boats. If they resisted and did notwork, violence was a normal means of coercing them to work.16
In response, the Thai government has seriously tackled this problem and established a subcommittee tosolve the problem of forced labour in fishing trawlers. The recommendations for solving the problems will be
forwarded to the National Committee for Prevention and Suppression of Human Trafficking, chaired by thePrime Minister, for consideration and implementation.
Last but not least, many children and elderly persons from Cambodia are trafficked into Thailand to be
beggars. Investigation in some cases revealed that the modus operandi of such traffickers, who mostly wereillegal immigrants themselves, was to lure the victims away from their homes. Some infants were purchasedfrom the parents and brought illegally across the border to be used in begging. Each trafficker controls
several beggars placed in a rented house. In the mornings, the traffickers take them by car and place eachof them on a particular spot. The traffickers return to collect them in the evenings, and each victim would
have to beg to make approximately $35 per day. All the money earned was confiscated by the traffickers. The
trafficker normally takes half of the money earned from the beggars, plus the cost of the rented house, foodand other expenses. In case of children, many of them are given only a small portion of the money earned. If
the beggars try to escape or hide the money earned, or earn less than the minimum amount of money set by
the trafficker, they would be punished by several means including assault. It was found that approximately
80% of beggars in Thailand are illegal immigrants.17

C. As a Transit Country
Thailand is located in the centre of the South-East Asian region and is a travelling hub for that reason,
providing international flights to nearly everywhere in the world. These are some reasons why Bangkok
is a place traffickers use to traffic victims to other countries around the world. Chinese human traffickers
and smugglers of illegal migrants use Thailand as a transit place for transporting trafficking victims andillegal migrants from the southern part of China. These Chinese migrants and/or victims are transported via
Myanmar into the northern part of Thailand and then to Bangkok. It is easier to use this route than to go
through the vast Chinese land in the north-eastern parts of China that have many travel restrictions fromcity to city. Bangkok has a considerably large China Town area, and a great number of Thai people are ofChinese ancestry. Once these migrants and/or victims reach China Town, it is easy for them to blend in withthe local people. They are kept in shelters while waiting to get counterfeit passports to fly out of Bangkok
to other destinations around the world, e.g. USA, Europe, UK, Canada, Australia, etc. The improvement of
the security of passports by using new technology has effectively reduced the numbers of Chinese victims ofhuman trafficking and smuggled illegal migrants from being transited through Bangkok.
IV. LEGAL MEASURES USED TO COMBAT TIP
Thailand uses several legal tools to fight human trafficking, namely the Prevention and Suppression of
16 The information was from the statement of a victim in a human trafficking case.

17 In a major roundup of beggars throughout Bangkok on the charge of being beggar that caused nuisance to the public several years

ago, the authority found that around 80% of the arrested beggars were Cambodian illegal immigrants.

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Trafficking in Persons Act, the Penal Code,18 the Criminal Procedure Code, the Child Protection Act, thePrevention and Suppression of Prostitution Act, the Anti-Money Laundering Act, the Witness Protection
Act, the Labour Protection Act, the Extradition Act and the International Cooperation in Criminal Matters
Act. However, the major legal tool used to fight human trafficking in Thailand is the Prevention andSuppression of Trafficking in Persons Act of 2008 (the Anti-Human Trafficking Act).
The Anti-Human Trafficking Act was drafted based on several UN instruments, i.e. the UN Convention
Against Transnational Organized Crime (the Palermo Convention) and its Protocol to Prevent, Suppress andPunish Trafficking in Persons, especially Women and Children (the Trafficking Protocol), the Convention on
the Rights of the Child (CRC) and its Optional Protocol on the Sale of Children, and the ILO Convention on
the Worst Forms of Child Labour. The Anti-Human Trafficking Act translates the UN definition of trafficking
in persons provided in the Trafficking Protocol into various offences of human trafficking in Article 6. It
also strictly follows the aims and purposes of the Trafficking Protocol in providing effective protection andassistance to victims of trafficking.
The Anti-Human Trafficking Act also provides that all offences under the Act shall be predicate offences
under the Anti-Money Laundering Act. This means that the authorities can seize, freeze, and confiscateproceeds of crime derived from human trafficking from the possession of a trafficker when the trafficker
is arrested and charged with a human trafficking offence. Confiscation of the proceeds of crime using antimoney laundering measures is recognized by law enforcement agencies worldwide to be one of the mosteffective tools to fight not only drug traffickers but also human traffickers because all traffickers work solely
for money. Therefore, confiscation of all the assets derived from committing trafficking offences is as strong
a deterrent as imprisonment. However, the Anti-Money Laundering Office (AMLO) has been paying more
attention to confiscating properties of drug traffickers than human traffickers. Officers of AMLO should betrained to better understand human trafficking in order to understand the severity of this crime, to raise
their awareness and to enhance the effectiveness of anti-money laundering measures against the humantraffickers.
On the aspects of providing assistance and protection to the victims of trafficking, the Ministry of Social
Development and Human Security (MSDHS) has the duty to provide assistance as appropriate to thevictims. The assistance provided is food, shelter, medical treatment, physical and mental rehabilitation,
education, training, legal aid, the safe return to the country of origin or domicile, and assistance with thelegal proceeding to claim compensation according to the regulations. In doing so, the officers have to takehuman dignity, sex, age, nationality, race, and culture of the victims into consideration.19 The officials of
the MSDHS have to provide protection for the trafficked persons under their care and they have to provide
safety protection to the family members of the trafficked persons as well.20 In cases where the victims arewilling to give statements or testify as witnesses in the criminal proceeding, the victims are protected under
the Witness Protection Act of 2003.
In giving assistance to victims of human trafficking in accordance with the Trafficking Protocol andArticles 33 to 39 of the Anti-Human Trafficking Act, the MSDHS is the main agency in implementing these
Articles. In practice, when exploited persons are rescued and are identified as victims, they are placed underprotection in a shelter home of the MSDHS. At the shelter home, social workers take care of the victims
by providing them with food, clothes, and shelter. Medical examination and care by physicians are also
provided for the victims throughout the time they are in the shelter home. Physical and mental treatments
are available for the victims that need healing. Education and vocational training are also available for thevictims in the shelter home to equip them with knowledge and vocational skills. The victims have accessto information on the progress of their cases and legal aid for getting compensation from the traffickers or
exploiters. There is no time limit for the assistance, and it is provided until the victims are safely repatriatedback home. The Thai government allocates a budget to the MSDHS to provide all the assistance. As statedabove, in giving assistance to the victims, their human dignity, sex, age, race, nationality, and cultures have
18 Most of human trafficking offences are also offences under the Penal Code, for example, the Penal Code Articles 283

and 283 have similar contents with the offences of human trafficking for sexual exploitation.
19 The Anti-Trafficking in Persons Act, B.E. 2551, Art. 33 (2008) (Thai) (The Anti-Trafficking in Persons Act was drafted andlegislated as a new law to repeal and replace the Prevention and Suppression of Human Trafficking in Women and Children
Act. Therefore the Anti-Trafficking in Persons Act did not amend the old Act but replaced it.)
20 Id . at Art. 36.

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to be taken into consideration. In case the victims are willing to cooperate with the authorities in criminal
litigation and have to stay in Thailand for a long time, the MSDHS can grant them rights to legally stay
and work in Thailand by informing the Immigration Bureau to grant the victims temporary visas and theMinistry of Labour to issue the victims work permits.
In order to successfully convict human traffickers, the cooperation of the victim in giving information,statements and testimonies throughout the criminal proceeding is very significant. The reason for suchsignificance is that the crime was committed against the victims; therefore, the victim is the most important
eyewitness in the case to tell the court of how s/he was trafficked and exploited. Without the testimony of thevictim, it is very difficult to convince the court to convict the traffickers and sentence in accordance withthe severity of the punishment prescribed by the Act. Thus, it is very crucial to encourage the victims tocooperate with the authorities in the criminal proceeding. However, criminal proceedings of investigation,prosecution, and trial normally take a long time, and the victims do not want to sit idly in the shelters
throughout this long process. To provide incentives for the victims to cooperate with putting the traffickers
in jail, the authorities can grant the cooperative victims permission to legally stay in Thailand temporarily
and can allow them to work with a temporary work permit. Victims can then make use of their time waiting
through the long legal process by working legally. Cooperative victims receive temporary visas from
Immigration and temporary work permits from the Ministry of Labour.
One thing sexually exploited victims are afraid of is their identity and involvement in the sex industry
being exposed to the public through the media or other means of transmitting of information. Since thevictims were seriously exploited by the traffickers, they do not want to be re-victimized by the media.
They do not want the people in their community to know what they have been through. The general publicwould forget the names and faces in the news after a few seconds. On the other hand, for the people whoknow the victims, the personal information of the victim would remain in their minds forever, and they
will never forget the fact that the victims have been sexually exploited and have been in commercial-sex
businesses. This exposure destroys the victims’ dignity and honour in their communities because being in
the commercial-sex businesses (even involuntarily) is shameful. After such exposure and stigmatization, it
is extremely difficult for victims to reintegrate into their communities and to lead a normal life again.
Due to the immense effect on the lives of the victims, the right to privacy of the victims is extremely
important, and officials have to take into consideration this right. Officials have the duty to protect thevictims’ privacy to the best of their ability. In every stage of the process, the information about the victims
must be kept secret and shall be known only among those officials who have duty to work with the victims.
The importance of maintaining the privacy of the victim is reflected in Article 56 of the Anti-Human Trafficking
Act, which stipulates that whoever violates the right to privacy of the victim is liable to six months ofimprisonment. The purpose of this article is to prevent the media from exposing the victims to the public.21
It is observed that this article is very effective in preventing the media from publishing information thatwill lead to identifying the victims. With their right to privacy being strictly protected, it has been easier topersuade and encourage the victims of trafficking for sexual exploitation to cooperate with the authorities inprosecuting the traffickers.
According to the Anti-Human Trafficking Act, the officials not only provide protection but will also workwith the victims and the prosecutors in order to get compensation for the victim from the traffickers. As
provided in Article 35, “In cases where the trafficked person has the right to compensation for damages
resulting from the commission of trafficking in persons and expresses his/her intention to claim compensation,
21 Id . at Art. 56.

Whoever commits or undertake[s] to have the following acts ... committed shall be liable for the punishment of imprisonment notexceeding six months or a fine not exceeding sixty thousand Baht, or both;(((( taking a picture, circulating a picture, printing a picture, recording or airing voice of any person, at any stage, which
may lead to the identification of the trafficked person;(((( publishing or disseminating the content appearing in the course of inquiry of the inquiry official or the course ofhearing of the court, which may make the other person to know the first name and last name of the trafficked person,or the family members of such trafficked person, through whatever type of information communication media;(((( publishing or disseminating the content, picture or voice, through whatever type of communication media, disclosing
personal history, place of living, place of work, or place of education of the trafficked person.
...

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the Public Prosecutor [. . .] being informed by the officials of the MSDHS shall, on behalf of the traffickedperson, claim for compensation thereof.”22 The prosecutor will petition the court that tries the trafficking
case to give order for the offender to pay compensation to the victim at the end of the criminal case in
the judgment made by the court. Many victims have received compensation through this process. In thepast, before the criminal procedure was amended to allow claims for compensation in a criminal court, thevictim had to file a separate lawsuit in a civil court for compensation through a very complicated and time
consuming procedure; thus, very few victims of compensable crimes had made the effort to file complaints
in civil courts.
Another important protection measure that Thai officials provide to the victims is immunity from someillegal activities committed by the victim during the trafficking process. Once a trafficked person is verified
to be a victim of trafficking through the screening and classification processes, the investigator is barred fromcharging the victim with the offence of entering, leaving, or residing in Thailand without permission under thelaws on immigration. She or he will not be charged with the offence of giving false information to officials or
forging or using forged travel documents under the Penal Code. The victim will not be charged with the offenceof being a prostitute under the Prevention and Suppression of Prostitution Act or the offence of being an alien
working without a work permit under employment laws. The victim can be charged with the above mentioned
offences only with permission in writing from the Minister of Justice.23 So far, the Minister has never given any
permission to charge a victim of trafficking with the above-mentioned offences.
Since human trafficking is a type of modern slavery and is considered a very serious crime, the AntiHuman Trafficking Act prescribes a heavy penalty of 4-10 years of imprisonment for traffickers. If the victim
is a child over 15 but not over 18 years, the penalty is 6-12 years of imprisonment; if the victim is not over
15 years, then the penalty is 8-15 years of imprisonment.24
Apart from the Anti-Human Trafficking Act, the Penal Code has been effectively used against trafficking
for sexual exploitation. Many traffickers have been heavily sentenced with long term imprisonment
under the Penal Code. One serious offence in the Penal Code is the offence of “procuring a person forsexual gratification of another person” which has very similar criminal elements as the offence of humantrafficking for sexual exploitation. This provision in the Penal Code can be applied to charge, prosecuteand convict human traffickers as well. Procuring a person, even with consent of the procured person, is anoffence punishable with 1-10 years’ imprisonment. If the consenting person is a child aged 15-18 years, thepenalty is 3-15 years of imprisonment. If the child is under the age of 15 years, the penalty is 5-20 yearsof imprisonment.25 However, if threat, force, deception or extortion is used against a procured adult, thepenalty is harsher (5-20 years of imprisonment). To procure a child age 15-18 years with the use of threat,
force, deception or extortion the penalty is 7-20 years of imprisonment. If the procured child is under 15, thepenalty is 10-20 years’ or life imprisonment.26 A person who knowingly receives a procured person will bepunished with the same penalty as the procurer.27
It is obvious that the penalties prescribed in the Penal Code are more severe than those in the AntiHuman Trafficking Act. Nevertheless, both laws are used against the traffickers. Whenever, a trafficker forsexual exploitation is arrested, he or she is charged with both the trafficking offence in the Anti-Human
Trafficking Act and the procuring offence in the Penal Code. It is the duty of the court trying the case tochoose the law that has the more severe penalty to convict the trafficker. Moreover, if the trafficker has
trafficked victims on several occasions, each incident would be convicted separately as one count of theoffence, and the penalty of each count is added to the other counts. Thus, many traffickers have been
convicted and sentenced to considerably long terms of imprisonment. In the case mentioned in 3.1 where
two traffickers brought several women to Japan and sold them to several brothels, the Criminal Courtof Bangkok sentenced the first and the second defendants to totals of 39 and 28 years of imprisonment,
respectively.28
22 Id . at Art. 35.

23 Id . at Art. 41.
24 Id . at Art. 52.

25 The Penal Code of Thailand, Art. 283, as amend by the Penal Code Amendment Act (No.14) B.E. 2540 (1997) (Thai).
26 Id . at Art. 283 bis.

27 Id . at Arts. 283 and 283 bis.

28 Public Prosecutor v. Theerapong or Pa-Kack Khemthong et al., Criminal Court of First Instance (Sarn Aya) No. 1316/2552 (2009).

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V. PREVENTION
Prevention is widely accepted as the best way to solve the problem of human trafficking. The Thaigovernment has paid much attention, allocated a large budget, and made much effort to fight humantrafficking, in particular on prevention. Many prevention programmes and measures have been actively
implemented.
According to the Anti-Human Trafficking Act, MSDHS is the key agency, and acts as the coordinating
agency in gathering and integrating efforts of all other agencies involved in combating human trafficking.
Every Thai government in the last decade has placed the policy to fight against human trafficking, as wellas the policy against narcotic drugs, at the top of its agenda. The government set up two committees at thenational level, in accordance with the Anti-Human Trafficking Act. The first committee is the Committee
for Prevention and Suppression of Human Trafficking (PHT Committee) and the second committee is theCommittee for Coordinating and Monitoring the Performance in Prevention and Suppression of Human
Trafficking (CMP Committee).
The Committee for Prevention and Suppression of Human Trafficking (PHT Committee) is the highest
level committee and is chaired by the Prime Minister. The members of the PHT Committee comprises of
the Deputy Prime Minister, seven other relevant Ministers,29 and four experts on the human trafficking
issue. The main functions of the PHT Committee are to provide recommendations to the Cabinet
concerning the government’s policy on the prevention and suppression of human trafficking, and on therevision of laws, rules and regulations to better combat human trafficking. It also has the duty to lay down
strategies and measures and guidelines for the prevention and suppression of human trafficking.30 The PHT
Committee has to organize at least three meetings per year as prescribed by the Anti-Human Trafficking
Act.
The Committee for Coordinating and Monitoring the Performance in Prevention and Suppression of
Human Trafficking (CMP Committee) is chaired by a Deputy Prime Minister and its members comprise of
the Minister of Social Development and Human Security, the Attorney General, the Police CommissionerGeneral, eight Permanent Secretaries from eight relevant ministries, six Directors-General and eight
experts on the human trafficking issue. The main functions of the CMP Committee are establishing plans
to prevent and combat human trafficking and monitoring the implementation of the plans, laws, rules andregulations and the performance of relevant agencies and officials in preventing and fighting this crime. Bothcommittees have set up several sub-committees to perform various functions as needed and to report backto the committees. The overall effect is that the issue of human trafficking in all of its aspects can directly
reach, and be dealt with by, the Prime Minister and the Cabinet.31 The CMP Committee has to organize atleast six meetings per year.
Through these two committees, the highest level authorities in government administration, i.e. thePrime Minister, ministers, permanent secretaries, and other senior officials, closely deal with and tackle
the problem of human trafficking as a highly prioritized national agenda and with a considerable budget
and support from various government agencies. Moreover, these committees are beneficial to the combatof human trafficking because the awareness of the highest level authorities has been sufficiently raised tounderstand the problems and the seriousness of human trafficking.
The MSDHS has the duty to propose prevention programmes to the PHT Committee and has the duty
to implement the prevention programmes. Many campaigns have been implemented throughout the country
in this decade. However, the victims have the tendency to give more credence to the traffickers, who often
have some connection with their relatives or peers in their villages, than to the government’s campaigns.
Many NGOs have also made great efforts in working with vulnerable groups in various parts of the country
on campaigns and raising awareness of potential victims of the dangers and ploys used by the traffickers.
29 The seven Ministers who are members of the Committee are the Minister of Defense, the Minister of Foreign Affairs, theMinister of Tourism and Sports, the Minister of Social Development and Human Security, the Minister of Interior, the Ministerof Justice, and the Minister of Labour.
30 The Anti-Trafficking in Persons Act, B.E. 2551, Arts. 15 and 16 (2008)(Thai).
31 Id . at Arts. 22 and 23.

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Despite these efforts, the traffickers still manage to convince the victims that they will get good and decent
jobs with better pay abroad. Traffickers also make victims believe that they will not be the unlucky ones tofall into a trafficking ring.
Education is a highly effective measure in human trafficking prevention. About ten years ago, compulsory
education in Thailand was raised from 6 to 9 years’ duration, with 12 years of free education throughout thecountry. Moreover, the government has provided education loans with very low interest rates to all students
who have financial difficulties and want to further their study in colleges. Students who take out such loans
have the duty to pay back the loans in installments after graduating and finding employment and income.
This measure helps keep women in schools and colleges, encouraging higher education with good prospects
for their future. Better educated women are less likely to fall for the tactics used by human traffickers.

VI. SUPPRESSION
Suppression is a very essential measure to fight against human trafficking. The goal is to incapacitate
the human traffickers and their networks by jailing them and preventing them from continuously trafficking
other victims while concurrently creating a deterrent effect on the traffickers. However, suppression ofhuman trafficking is not easy due to several difficulties in the suppression process.

A. Criminal Process in TIP Cases
The criminal process against the human traffickers is the same as the process used for prosecuting
other serious crimes. When the police or officials of the Department of Special Investigation (DSI) receive
information from MSDHS, NGOs, victims, the victims’ relatives, or any individual stating that someone isbeing trafficked, a rescue operation will be launched to extract the victim and to arrest the traffickers andexploiters. The victim will be interviewed by the police and the social welfare officials of the MSDHS todetermine if he or she is an actual victim of trafficking. After being verified a victim, he or she will be taken
to a shelter house of the MSDHS and cared for by social workers. The victim will be interviewed to obtain
information so that the authorities can arrest the traffickers and those involved with human trafficking. The
traffickers and the exploiters will be prosecuted in court when the trial dates are set. However, as in othercountries, the criminal process takes quite a long time, possibly up to one to two years, due to the backlog ofcases awaiting court trial. This time factor is a big obstacle to the suppression of human trafficking.
The most important witness in a human trafficking case is the victim, who witnessed the abuse andexploitation firsthand. The prosecutor needs the testimony of the victims in court in order to convince thecourt of what had happened. With the victim’s testimony, the court will not hesitate to punish the traffickers
severely. However, there are several factors that deter victims from giving testimony in court. Most victims
are undereducated, ignorant, and come from rural areas. They do not know nor understand the complicatedlegal process and do not want to be involved in such a very complicated and lengthy process in intimidating
environments like in court. Victims of sexual exploitation feel shame about their experiences and just want
to forget the incident as soon as possible and continue with a normal life. Having to wait for a long period oftime before they can give their testimonies in court and get on with their lives bothers victims so much thatmany decide not to cooperate.
Another important factor is that victims are afraid of the traffickers, whom the victims believe areinfluential persons or organized criminals and whom they believe can harm the victims and members of
their families. Even though the authorities can arrange for the victims to be under a witness protection
programme, the victims still do not fully believe that they and their families will be safe. If the authorities
cannot convince victims to cooperate and testify in court, their cases will end in failure and the traffickers
will be acquitted due to the lack of evidence.

B. The Difficulties and Challenges in Handling TIP Cases
From my decades of experience as a prosecutor, I found that handling a human trafficking case is much
more difficult than handling a drug trafficking one for many reasons. In a drug trafficking case, the mostimportant piece of evidence is the narcotic drug, which never changes its characteristics during arrest,
investigation, prosecution or trial. All that is needed is to send the seized drug for lab testing to prove that it
is a narcotic drug. The drug does not need food, clothes, shelter, physical and medical care, and other humannecessities. What it needs is only a small space in a safe place, and it can stay dormant for years awaiting
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trial. When the trial dates arrive, the prosecutor presents the drug in front of the judge as evidence together
with the report of the lab test. The drugs never deny being drugs, and the drug traffickers are severely
convicted due to clear evidence.
Handling a human trafficking case is much more difficult. First of all, the officials must try their best
to gain the trust of the victims to reveal their true story. Beyond revealing their experience, the officials
also have to convince and encourage the victims to cooperate with them in investigation, prosecution, andtrial. The officials have to provide food, shelter, clothes, physical and medical care, protect their safety, andprovide for many other human needs. As humans, they cannot patiently stay for years in a shelter, inactive,
awaiting trial. They or their families might be threatened or bribed by the traffickers or their networks.
Some victims might disappear or change their story during the trial.
Going through the long and tough examination and cross-examination by the prosecutor and the defence
lawyer is not a pleasant experience at all. Thus, it is understandable why most victims do not want tocooperate and instead just want to forget their painful experience as soon as they can. The officials cannot
force them to cooperate, and cases have had to be dropped because of the lack of evidence.
To solve the problem of the lengthy wait to give testimony in court, the Anti-Human Trafficking Act
provides the following solution to the problem. The Act authorizes the court to take the testimony of thevictim of trafficking even before the case is indicted in court. The court will keep the testimony of the victim
in deposition until the offender is prosecuted and the trial begins. Then the court will retrieve the testimonyof the victim and use it as the witness testimony in the case. Article 31 of the Anti-Human Trafficking Act
states:In case of necessity for the benefit of prevention and suppression of trafficking in person, before
prosecuting the offender to the Court, the public prosecutor by himself or by receiving a request from an
inquiry official, may bring the trafficked person or a witness to the Court and file a petition specifying all thefacts alleged to have been committed and the necessary cause why the testimony must be taken promptly.
In case the initiation to testify in Court is of the trafficked person or witness, after such person informed
his intention to the public prosecutor, the public prosecutor shall immediately submit a petition to the Court.
Having received the petition under paragraph one or two, the Court shall take the testimony of thewitness promptly. During the taking testimony, if an interested person in the case files a petition to the
Court citing a reason or necessity to cross-examine or to appoint a counsel for cross-examination, the Court
may grant permission . . .
If the alleged offender is indicted later as a defendant with the charge of any offence stipulated in Chapter
1, the deposited testimony of the witness shall be admitted as evidence in the trial and in making judgmentof that case.
With this measure, many victims need not wait long to testify in court. Foreign victims can be repatriatedback to their countries after their testimonies are taken into deposition of the court. In some cases where
authorities can demand compensation from offenders, the compensation is paid to them with cooperation
between Thailand and the country of origin. In labour exploitation cases, the MSDHS files a complaint to the
Labour Court on behalf of the victim in each case to collect unpaid wages in addition to the compensation fordamages in the Criminal Court.
In cases where victims cooperate with the authorities and appear in court to testify as eyewitnesses,
there is a high tendency for the traffickers to be convicted. Thus, working to persuade and encourage thevictims to cooperate with the authorities is the key to success in combating human trafficking. However,getting victim cooperation is not an easy task because the traffickers are also aware of the importance of thevictims’ testimonies. Thus, traffickers try every way they can to prevent victims from being witnesses in
the case.
In one particular case, two females were deceived into going to London to work in a Thai restaurant.
Once they reached London, they were detained and forced to take nude photos, both with and without sexual
activities. They were told by the traffickers that if they escaped and went to the police, the pictures would

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be posted in their village so that everyone in the village would know that they had been in the prostitution
business. Nonetheless, the two victims escaped and sought help from the Thai Embassy in London. The
embassy sent both women back home to Thailand and notified officials at MSDHS to receive and look after
them at the airport.32 However, the two victims gave their statements to the police but did not want tocooperate further and were unwilling to identify the traffickers. Thus, their case had to be dropped and they
were sent back home.
According to the standard practice of MSDHS, if victims do not want to cooperate and are unwilling to
identify the traffickers, then the victims, particularly foreign victims, are taken to a shelter home. Theresocial workers work with the victims and explain to them their rights and the benefits they would receive,
e.g. protection, compensation, unpaid wages, the legal visa and work permit, etc., in hopes of persuadingthem to work with the authorities in arresting and convicting the traffickers. If the traffickers are notarrested and jailed, they will recruit other persons to be victims, continuing the vicious circle of humantrafficking. The best and most efficient solution is to arrest, prosecute and punish the traffickers severely. In
case the victims still do not want to cooperate, safe repatriation is arranged for them.
Safe repatriation to send victims back to their home or country of origin is another important aspect ofprotection. In order to make sure that they safely reach home, the MSDHS have concluded several MOUs
on cooperation to fight against human trafficking with many neighbouring countries, i.e. Cambodia, Lao PDR,
Myanmar and Vietnam. Thus, the repatriation process is well coordinated between the relevant officials of bothcountries involved, with the safety of the victim being the most important point of consideration.

C. Gaps in Cooperation between the Countries of Origin and Destination
One of the main challenges in the field of suppression of transnational human trafficking is the lack of
coordination among law enforcement agencies of the relevant countries. Often when a victim is rescued anda trafficker is arrested in the country of destination, no information is given to the country of origin. Thus,
the trafficker in the country of origin is not arrested and prosecuted. Likewise, when a victim returns home
and the authorities in the country of origin are informed of the trafficking and exploitation, no information issent to the country of destination. In some cases, the information is shared with the other country involved,
but without victim information and details about the traffickers and exploitation, the authorities do not haveenough information to make an arrest or initiate a criminal case. International cooperation, therefore, is very
important and plays a very crucial role in eliminating the whole human trafficking syndicate.
In establishing effective international cooperation to combat human trafficking, an agreement is needed sothat the authorities of the two countries can share information, act in concert, reveal and provide evidence inthe case, give mutual legal assistance (MLA), extradite non-national traffickers, or simultaneously prosecutethe traffickers in both countries using the same set of witnesses and evidence. The agreement can be madein the form of a treaty, MOU, or in any other form that will render successful cooperation. Apart from theagreement, knowing your counterparts in another country and trusting in each other are very essential tosuccessfully combat transnational human trafficking, particularly that committed by organized criminal groups.
International cooperation should be done both through formal and informal channels. In investigation, in
which speed is essential, informal cooperation should be used to collect the information needed to arrest thetraffickers and to provide assistance at this stage. However, once formal evidence or documents are required
for trial in court, the formal MLA is the only means to obtain admissible evidence from another country. Thus,
close international cooperation is vital in fighting transnational human trafficking.
Extradition is another means that can be used to suppress the traffickers. Even though most of thecountries that use the Civil Law system do not extradite their own nationals for prosecution in anothercountry, they can still prosecute their own people who committed a trafficking offence in a foreign
jurisdiction. However, there are many instances where the traffickers or the exploiters are not the citizensof the requested country and can be extradited. From my experience, particularly with cases of trafficking
for sexual exploitation, the traffickers and the exploiters tend to be of the same nationality as the victims.
Many of the so called mama-sans in Europe, South Africa and elsewhere are women who were originally
32 This information is from the statements given by one of the two victims to the police investigator.

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trafficked to work as prostitutes in the foreign country. These women have stayed there long enough to
upgrade themselves to be mama-sans or procurers or even brothel owners. They tend to traffick womenfrom their own country to work for their commercial-sex businesses. In such cases, the traffickers or
exploiters should be extradited so that both the traffickers and the exploiters can be prosecuted in their own
country.

VII. CONCLUSIONSHuman trafficking or trafficking in persons is a very heinous crime that seriously erodes human dignity,
inflicts serious wounds, and instills unforgettable traumas in the minds of the victims. Humans should not
be for sale, and the international community has the moral obligation to prevent and suppress this crime.
Prevention and suppression should be exercised by modernizing and strengthening national laws andregulations, by putting all available efforts to prevent and suppress this crime, and by working together andassisting each other to assist and protect victims and to arrest traffickers. Furthermore, the enhancement ofinternational cooperation is needed so that the traffickers are punished no matter where they are.
Human trafficking is classified as a crime against humanity. However, it is not easy to abolish thiscrime from our global community because it is a very low risk crime that yields a huge amount of money
to traffickers. Human trafficking is a low-risk crime in the eyes of the traffickers because the fight against
human trafficking is very much dependent on vulnerable victims, who tend to be ignorant, undereducated,
and afraid of the traffickers. Some victims and their families have been intimidated or bribed by the
traffickers. The majority of the victims of sexual exploitation do not want to live with the painful memories;
they just want to start a new life.
The criminal justice system, on the other hand, wants clarity, solid evidence, and valid witness testimony.
This system is afraid of making mistakes. Thus, each criminal case takes a considerably long time, which
is discouraging for the victims. Government officials have difficulties with taking care of and protecting thevictims for the long period of time until the case is finalized.
Moreover, international cooperation has not been developed well enough to fight transnational humantrafficking. Many gaps and obstacles exist and remain for the world community to tackle before it caneffectively combat this heinous crime. One single nation cannot efficiently fight transnational humantrafficking alone, therefore, strong international cooperation is the key to success. We all have to work
together to achieve the goal of abolishing human trafficking, similar to the way the world community
successfully abolished the slave trade and slavery of prior centuries.

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PARTICIPANTS’
PAPERS

TRAFFICKING IN PERSONS IN PAPUA NEW GUINEA:AN EMERGING ORGANIZED TRANSNATIONAL CRIMINAL ACTIVITY

Anthon Billie*

I. INTRODUCTION
Trafficking in Persons is heard of in Papua New Guinea but barely visible, given the insufficient attention by
the government on crimes against human beings. However, due to the current trend in movement or migrationof people from country to country over the last 20 years or so, it is becoming a reality in Papua New Guinea
with the influx of foreigners entering the country. The first recruitment of natives by colonizers in the early
1930s was purely for economic growth with only natives being recruited to work on coconut, coffee or
cocoa plantation as laborers to construct roads, schools, hospitals or as guides or trekkers and interpreters.
Currently, Papua New Guinean and foreign men and women and children have been trafficked mostly into
the mining and logging areas to be engaged in forced labor, prostitution and sexual exploitation.
In Papua New Guinea, trafficking in persons has become a major political issue, but many aspects ofthe phenomenon remain poorly understood. The information available about the magnitude of the problem
is limited given the difficulties in measuring and monitoring. Generally, the knowledge of trafficking inpersons, recruitment, transportation, harboring, transfers and receiving gave raise to public consciousness
about the issue, but remains insufficient for government support to a more comprehensive action programfor addressing different dimensions of the problem.

II. DEFINITION OF TRAFFICKING IN PERSONS
Trafficking in persons shall mean the recruitment, transportation, transfer, harboring 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or otherforms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or theremoval of organs.1

III. THE ACTUAL SITUATION OF TRAFFICKING IN PERSONSIN PAPUA NEW GUINEA
A. The Current Situation of Trafficking in Persons in Papua New Guinea
Papua New Guinea becomes a source of destination and transit country for men and women to be
trafficked into the country for commercial sexual exploitation and forced labor and domestic servitude. Men
are trafficked into logging and mining camps and plantations for the purpose of forced labor, while womenand children from Malaysia, Thailand, and the People’s Republic of China and the Philippines are trafficked to
PNG for forced prostitution and production of pornographic materials.2* Acting Assistant Commissioner of Police, Divisional Commander – Islands, Police Department, Royal Papua New Guinea
Constabulary.
1 Article 3 UN “Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children.”
2 U.S. State Dept Trafficking in Persons Report, June 2009.

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Government officials facilitate trafficking by accepting bribes to allow illegal migrants to enter the country
or to ignore victims forced into prostitution or labor, by receiving female trafficking victims in return forpolitical favors, and by providing female victims in return for votes.
The government of Papua New Guinea does not fully comply with the minimum standards for the eliminationof trafficking and is not making a significant effort to do so. The Government acknowledged the existence offorced labor in PNG, but denies the widespread sex trafficking of women and children.
Some corrupt government and law enforcement officials accept bribes to ignore trafficking related activity.
Despite evidence of a trafficking problem, to date no suspected trafficking offender has been arrested,
prosecuted, or convicted of a human trafficking offence. The Government lacks a systematic procedure to
identify victims of trafficking in vulnerable populations, such as foreign women or children in prostitution, andhas done very little or nothing to prevent trafficking in Papua New Guinea.

B. Forms of Exploitation
Forms of exploitation are sexual exploitation, such as forced prostitution and production of pornography,
and forced labor of young women who are employed as waitresses and bar girls by Chinese businesses, suchas operating hotels, taverns, night clubs and poker machines in the cities and towns. In the mining and logging
camps, foreigners and nationals work in very dangerous conditions. Frequently with no safety gear, excessive
hours with very little pay.
In a known logging camp in the East New Britain Province of Papua New Guinea, local children,
especially young girls at the age between 12 and 15 are being employed in kitchens as cooks and have beensexually exploited. Eventually a few of them end up pregnant and gave birth to mixed raced children. No one
knows who fathered the children.

C. Analysis of the Causes of Trafficking in Persons
As is increasingly recognized, there are many analytical causes for trafficking in persons crime to becommitted, a crime that is perpetrated mainly against women and children. The most common causes for
trafficking in persons in Papua New Guinea is poverty, unemployment, lack of opportunities and the practiceof poor families entrusting children to affluent relatives or acquaintances. While on the other hand Papua
New Guinea has no legislation, other legislation has weak penalty, corruption by government agencies
that are entrusted to monitor the movement of people and the attraction of huge financial profit with low
investment.
IV. MEASURES OF PROSECUTION
A. Criminalization of Trafficking in Persons and Related Acts
Papua New Guinea, being a member of the state party to the United Nations Convention against
Transnational Organized Crime, and Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, has reported very little and done almost nothing against trafficking offenders
over the years. There is nothing in the Criminal Code on trafficking adults, or children for commercial sexual
exploitation, slavery, and abduction. Labor laws prohibit fraudulent recruiting and employment practices
and prescribe very weak penalties for offenders. Prostitution is prohibited in PNG, but the relevant laws
are either selectively or rarely enforced even in cases involving children. The government should adopt
legislation to establish criminal offences as set forth in Article 3 of the Protocol to Prevent, Suppress andPunish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention
against Transnational Organized Crime. In a recent investigation report compiled by the National Intelligence
Organization said, “trafficking in person is a world wide problem becoming a threat to Papua New Guinea, as itis being used as a transit point to Australia and other pacific countries.”3
B. Obstacles to the Investigation of Trafficking in Persons
In Papua New Guinea, the law does not prohibit trafficking in persons. Most government officers andlaw enforcement agencies remain weak as the result of corruption, cronyism, a lack of accountability, anda promotion system based on patronage. There have been unconfirmed reports of trafficking in persons
domestically within some parts of the country, but when authorities enquire to establish the facts, the people
3 Draft report to the Minister for Foreign Affairs on Abuses and Violations of PNG Migration, Passport and Citizen Acts. July to

September 2001, pp 8.

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are reluctant to co-operate.4 Such is that it is customary for the family of the groom to pay a “Bride Price” tothe family of the bride. While marriages are usually consensual, women and female children are sometimes
sold against their will.
Papua New Guinea, having an extended family unit, has always found it difficult to investigate trafficking
in persons when it is organized within the family units by very close relatives. Child marriage is a major
problem in PNG, and it forms the basis of demand for internal trafficking of children. Miriam Wilngal, an
18-year-old girl, refused to be sold in marriage to meet customary demand of compensation.5

C. Detecting Trafficking in Persons
In August 2008, the Police Transnational Crime Unit rescued a group of about 20 women forced to workin prostitution at a Chinese restaurant; no charges were filed against their alleged trafficker as none of thewomen were willing to co-operate with police investigators.6
Detection of trafficking in person in the rural areas of Papua New Guinea becomes an obstacle as mostcases are not reported to authorities due to a number of reasons. Some victims live far away from authorities.
Others are in fear of being recognized. Still others have been bribed not to report; however, the basic reason
for not reporting is that there is not enough awareness. The general public, including potential victims, does
not understand what is trafficking in persons in Papua New Guinea as it is something unheard of before in theircountry.

D. Victim Related Issues
The Government of Papua New Guinea has yet to take a proactive approach in identifying trafficking victims
among vulnerable populations. When potential victims of trafficking sought assistance from the Government,
they were often jailed, and some were sexually abused by police officers. Immigration Inspectors routinely
refused entry into potential trafficking victims identified at the borders. Other government officials, however,would more likely refer identified victims to social groups, churches, or NGO’s for assistance.
E. Special Investigation Techniques
Law enforcement agents and judicial officials need comprehensive training in order to understand theparameters of modern trends of forced labor, which is so often an outcome of trafficking in persons. As PNG
is a member of the global community, soon it will experience such situation in its door step and it is properthat it shares its information on local trafficking in persons with the outside community in a collective effort
to stamp down the crime of trafficking in persons.
F. Victims’ Protection and Measures to Encourage Co-operations
The Papua New Guinea Government demonstrated increased efforts to protect and assist victims of
trafficking. However, due to severe resource constraints, the government continued to rely on internationalorganizations or NGO’s to provide victims’ services. The Country’s Operations Plan for 2007 was tostrengthen the capacity of Local Partners in PNG, including GoPNG to provide effective protection andassistance to persons of concern. The United Nation Human Rights Commission should continue to conduct
workshops on the role and core mandate of UNHRC, and on the Refugee Convention in relation to migrationand Human Trafficking training for GoPNG officials from Immigration, the Police, the Judiciary, and Customs.
V. MEASURES FOR PROTECTION
A. Immigration Status
The International Organization for Migration (IOM) opened a country office in Port Moresby, PNG
in 2007 at the request of the PNG Government. The opening of this office followed a major country
assessment undertaken by IOM in 2004 in relation to migration management and border control in PNG, andsubsequent signing of a Tripartite Agreement between the Gorvernment of Australia and PNG, and IOM in
2005.

4 U.S. State Dept Trafficking in Persons Report, June 2009.
5 Coalition Against Trafficking in Women.
6 Loc. cit.

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The role of IOM was initially to focus on supporting the PNG Government efforts in enhancing migration
management through the provision of training to the PNG Immigration and Citizenship Service (PNGICS),
implementation of care, Maintenance and Assisted Voluntary Return Program in PNG, and support for theDevelopment and testing of Border Management System for PNG.

B. Assistance for Living (Residence, Translations, Medical Care, Psychological Care, etc)
To assist the victims of trafficking in persons for a living, the Government of Papua New Guinea has
shown increasing efforts, but is faced with resource constraints and continues to rely on International
Organization and NGO’s to provide assistance services. The Government provides funds to shelter victimsof domestic violence in Port Moresby and Lae which could also provide Legal Aid to trafficking victims who
are foreign and local victims.
Support Centers were also set up by the Health Department with assistance from NGOs in major hospitals
throughout the country for victims of domestic violence which could provide trafficking victims direct
counseling and treatment.
Therefore responsible organizations should co-operate and remember that they are dealing with victims
subjected to exploitation, and as such should deal with them in a most decent way by implementing measures
to provide physical, psychological and social recovery of the victims.

C. Reintegration (Education, Vocational Training, etc)
Papua New Guinea advocates strongly but has yet to support the victims by, providing services toreintegration such as educational and vocational training to encourage the victims, especially young children,to learn and make full use of their abilities and talents to become what they want to become in their life
times. Therefore, they should not be seen to miss out on their basic legal rights under Article 6(4) whichcalls for State Parties to consider the special needs of children, including appropriate housing, education andcare.
D. Assistance for Restitution and Compensation
Trafficking related cases in rural areas were referred to village courts that administer customary laws
rather than criminal law and resolve cases through restitution paid to the victims, rather than throughcriminal penalties assigned to the trafficking offender.
VI. MEASURES FOR PREVENTIONSThe Government continues to rely on international organizations and NGOs for the bulk of its trafficking
prevention activities, such as efforts to raise public awareness about trafficking combined with education
campaigns on child prostitution, HIV/AIDS, and domestic violence. The Government is increasing co-operation
with Australia and the New Zealand Federal Police, as well as other international law enforcement and customs
agencies, to draft laws, investigate, and prevent transnational crimes including human trafficking.
Papua New Guinea is yet to ratify Article 9 of the 2000 UN Trafficking in Persons Protocol, which calls
for “States Parties to establish comprehensive policies, programs and other measures to prevent and combat
trafficking in persons; and protect victims of trafficking in persons, especially women and children fromre-victimization.”
Preventive measures to be taken by ratifying States include research, information, mass media campaigns,
and social and economic initiatives. Also it stipulates co-operation with civil society, developmental measures,and other strengthening measures in concluding bilateral labor agreements, educational, social or cultural
measures, to discourage demand for victims of trafficking and to prevent and detect trafficking at borders.

VII. CONCLUSIONSIn conclusion, PNG is a transit point for the trafficking of men, women, and children for the purpose ofcommercial sexual exploitation and forced labor. Women and children are trafficked within the country forcommercial sexual exploitation and domestic servitude. Men are trafficked to logging and mining camps
for forced labor. Women and children from the Asian region are trafficked into Papua New Guinea for forced

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prostitution and forced labor. Yet the Government is yet to draw up a responsive policy to meet such illegal
networks with the assistance from neighboring Pacific countries, including the ratification of the 2000 United
Nations Trafficking in Persons Protocol.

RECOMMENDATIONSIn essence, it is recommended that the government’s immediate priority is to fast track legislation tocriminalize the Trafficking in Persons, by enacting the Trafficking in Persons Act and increase cooperation
with Australia and New Zealand, as well as other international neighboring countries, in seeking assistanceto enhancing migration management through the provision of training to Papua New Guinea Immigration,
Customs, Labor and Police agencies.
The seeking of support and assistance from the United Nations High Commissioner for Refugees and theInternational Organization for Migration to improve the capacity building of their existing networks in Papua
New Guinea to enhance supporting the government’s efforts to raise public awareness about trafficking inpersons, combined with educational campaigns on trafficking in persons, should be a priority.
The law enforcement agencies, judicial officials and other related organizations directly involved in the
trafficking of persons need comprehensive training in order to understand the parameters of the trend intrafficking in persons.
As a matter of pilot project Regional Offices be established throughout the regions under the establishedTransnational Crime Unit of the Constabulary and related enforcement agencies in preparation for theenactment of necessary legislations to be enforced.

154

150TH INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERSREFERENCES
1. Kalinoe, L. 2004. PRACTICE AND PROCEDURE IN TRANSNATIONAL CRIMES, Teaching
Material, UPNG.
2. Extracted from U.S. State Dept. Trafficking in Person Report June, 2009.
3. Martin, Patt. Prof. “Child Prostitution – Papua New Guinea”, 04 November 2011 gvnet.com/childprostitution/Papua New Guinea.htm.
4. International Organization for Migration. Migration for the Benefit of all. 60th Anniversary1951–2011.
http://www.iom.int/PapuaNewGuinea.04November 2011.
5. Human trafficking & Modern Day Slavery, 04 November, 2011. gvnet.com/humantrafficking/PapuaNewGuinea.htm.
6. Draft Report to the Minister for Foreign Affairs, On Investigating the Abuses and Violations of PNG
Immigration and Citizens Act. 16th July – 30th September 2001 (NIO Restricted Report).

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PREVENTING HUMAN TRAFFICKING IN THE PHILIPPINESOVERVIEW AND CURRENT ACTIVITIES

Aileen Marie S. Gutierrez*

I. INTRODUCTION
As a signatory to the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Womenand Children,” which supplemented the United Nations Convention against Transnational Organized Crime,
the Philippines is actively engaged in combating human trafficking – an international problem that is an affront
to the basic human rights of individuals worldwide. Combating human trafficking is a challenging endeavor, onethat requires a multi-stakeholder approach both domestically and internationally.
This paper discusses the Philippines’ ongoing efforts to actively fight human trafficking. It first presents
an overview of (1) the legal framework relative to human trafficking in the Philippines, and (2) the domestic
multi-stakeholder entity tasked with fighting human trafficking, the Inter-Agency Council Against Trafficking(IACAT). Next, it outlines the actions of the Department of Justice of the Philippines, which leads the IACAT.
Finally, it concludes with some observations on how the Philippines can improve its ongoing efforts, including
the need for better international coordination.

II. LEGAL FRAMEWORK
A. Governing Law
The basic law that instituted policies to prevent human trafficking is Republic Act No. 9208, also known
as the “Anti-Trafficking in Persons Act of 2003,” which was passed on May 12, 2003 and took effect on June
19, 2003. Section 3(a) of this law defines trafficking in persons as:“the recruitment, transportation, transfer or harboring, or receipt of persons with orwithout the victim's consent or knowledge, within or across national borders by meansof threat or use of force, or other forms of coercion, abduction, fraud, deception, abuseof power or of position, taking advantage of the vulnerability of the person, or, 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 which includes at a minimum, theexploitation or the prostitution of others or other forms of sexual exploitation, forced laboror services, slavery, servitude or the removal or sale of organs.”1
R.A. No. 9208 further provides that “[t]he recruitment, transportation, transfer, harboring or receipt ofa child for the purpose of exploitation shall also be considered as ‘trafficking in persons’ even if it does not
involve any of the means set forth [above].”2 The Act provides penalties for three categories of trafficking:(1) acts of trafficking in persons,3 (2) acts that promote trafficking in persons,4 and (3) qualified trafficking in* Senior Assistant State Prosecutor, Vice-Chair, Task Force on Anti-Trafficking in Persons, Department of Justice, Philippines.
1 Anti-Trafficking in Persons Act of 2003, R.A. No. 9208 (May 2003).
2 Id .
3 E.g. , (1) introducing or matching for money or other consideration, any person or, as provided for under Republic Act No.
6955, any Filipina, to a foreigner, for marriage for the purpose of prostitution, pornography, sexual exploitation, forced labor,
slavery, (2) involuntary servitude or debt bondage; undertaking or organizing tours and travel plans consisting of tourism
packages or activities for the purpose of prostitution, pornography or sexual exploitation; and (3) offering or contracting
marriage, real or simulated, for the purpose of prostitution, pornography, sexual exploitation, forced labor or slavery,
involuntary servitude or debt bondage. See Office of the President of the Philippines, Commission on Filipinos Overseas, AntiTrafficking in Persons Act of 2003, Primer on R.A. 9208, 2nd Ed. (2009), available at http://www.cfo.gov.ph
4 E.g. , (1) knowingly leasing or subleasing property for trafficking purposes; and (2) producing, printing, issuing or distributing
un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency used forregulatory and pre-departure requirements for the purpose of promoting trafficking in persons; Primer on R.A. 9208 .

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persons.5 The penalties are as follows:
Act
Acts of Trafficking
Acts that Promote Trafficking
Qualified Trafficking

Penalty
20 years’ imprisonment and a fine of P1 to 2 million
15 years’ imprisonment and a fine of P500,000 to P1 million
Life imprisonment and a fine of P2 to 5 million

B. Procedure for the Filing of Trafficking in Persons (TIP) Cases
A criminal action for violation of R.A. No. 9208 is commenced or instituted by the filing of the complaint
by any person who has personal knowledge of the commission of any offence under said Act; the traffickedperson, parents, spouse, siblings, children, legal guardian of the trafficked person; or by referral from or
upon the request of the law enforcement agency that investigated the incident, with the Department ofJustice or the office of the prosecutor that has jurisdiction over the offense charged. The complaint shallstate the full names and addresses of the complainant/s and respondent/s, offense/s charged and the place
and approximate date of commission. It shall be accompanied by the affidavits of the witnesses, as wellas other supporting documents to establish probable cause. The complaint is either filed for preliminary
investigation or inquest proceeding.
Preliminary investigation is an inquiry or proceeding to determine whether there is a sufficient groundto engender a well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.6 In a preliminary investigation, the investigating prosecutor makes
a determination if there is probable cause to file an indictment in court. Probable cause is a reasonableground of presumption that a matter is so or may be well-founded; such a state of facts in the mind of theprosecutor as would lead a person of ordinary caution and prudence to believe, or entertain an honest or
strong suspicion, that a thing is so.7 A finding of probable cause does not require an inquiry into whether
there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission
complained of constitutes the offense charged, as there is a trial for the reception of evidence of theprosecution in support of the charge.8
Generally, a prosecutor is afforded wide latitude of discretion in the conduct of preliminary investigation.
The prosecutor alone determines the sufficiency of evidence that will establish probable cause justifying
the filing of the criminal information. The prosecutor’s findings are, however, subject to review by the
Secretary of Justice.9 In turn, judicial review of the resolution of the Secretary of Justice is allowed only inclear cases of grave abuse of discretion, that is, when the exercise of the discretion was done in an arbitraryor despotic manner by reason of passion or personal hostility and must be so patent and gross as to amountto an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in thecontemplation of law.10
A preliminary investigation is not required in cases of “warrantless arrests.” When a person is lawfullyarrested without a warrant involving an offense for violation of R.A. No. 9208, the indictment may be filed bya prosecutor without need of such investigation, provided an inquest proceeding has been conducted.
5 Qualified trafficking in persons occurs when: (1) the trafficked person is below 18 years old; (2) the adoption is effected

through Republic Act No. 8043 or the “Inter-Country Adoption Act of 1995” and said adoption is for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (3) the crime
is committed by a syndicate, or in large scale; (4) the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (5) the
trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (6) the
offender is a member of the military or law enforcement agencies; and (7) by reason or on occasion of the act of trafficking inpersons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV)or Acquired Immune Deficiency Syndrome (AIDS); Primer on R.A. 9208 .
6 Section 1, Rule 112, Revised rules on Criminal Procedure.
7 Revised Manual for Prosecutors, p. 79 (2008).
8 Paredes, Jr. vs. Sandiganbayan, G.R. No. 108251, January 31, 1996 cited in the Revised Manual for Prosecutors, p. 79 (2008).
9 Spouses Artemnio and Esperanza Duran vs. Levi Chong, g.R. No. 172796, July 13, 2009.
10 Id.

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Inquest is an informal and summary investigation conducted by a prosecutor involving persons arrested
and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining
whether said persons should remain under custody and correspondingly be charged in court.11 For acts oftrafficking, acts that promote trafficking and qualified trafficking, the inquest proceeding must be terminatedwithin thirty-six (36) hours from the time of arrest.

III. INTER-AGENCY COUNCIL AGAINST TRAFFICKING (IACAT)
Section 20 of R.A. No. 9208 established the Inter-Agency Council Against Trafficking (IACAT), which
follows a multi-stakeholder approach to combat human trafficking. It undertakes measures to prevent andsuppress TIP and ensures the victims’ recovery, rehabilitation and reintegration into mainstream society.
The members of the IACAT are composed of the following government agencies and non-government
sectoral representatives, namely:•

Chairperson–

Department of Justice•

Co-Chair–Department of Social Welfare and Development•

Members:
Department of Foreign Affairs
Department of Labor and Employment
Philippine Overseas Employment Administration
Philippine National Police
Bureau of Immigration
National Commission on the Role of Filipino WomenChildren’s Sector NGO Representative from End Child Prostitution, Pornography andTrafficking (ECPAT Philippines)
Women’s Sector NGO Representative from Coalition Against Trafficking in Persons – AsiaPacific (CATW-AP)
OFW Sector Representative•

Ex-Officio Members
National Bureau of Investigation
Department of the Interior and Local Government
Philippine Center for Transnational Crime
Council for the Welfare of Children (CWC)
Commission of Filipinos Overseas (CFO)•

Chair Emeritus–

Office of the Vice President

Section 21 of the same law defines the powers and functions of the IACAT as follows:•

Formulate a comprehensive and integrated program to prevent and suppress trafficking in persons;•

Promulgate rules and regulations as may be necessary for the effective implementation of this Act;•

Monitor and oversee the strict implementation of this Act;•

Coordinate the programs and projects of the various member agencies to effectively address theissues and problems attendant to trafficking in persons;•

Coordinate the conduct of massive information dissemination and campaign on the existence oflaw and various issues and problems attendant to trafficking, through the local government units(LGUs), concerned agencies, and NGOs;•

Direct other agencies to immediately respond to the problems brought to their attention and reportto IACAT the action taken;

11 Revised Manual for Prosecutors, p. 44 (2008).

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Assist in filing of cases against individuals, agencies, institutions or establishments that violate theprovisions of this Act;•

Formulate a program of reintegration of trafficked persons in cooperation with the DOLE, DSWD,
Technical Education and Skills Development Authority (TESDA), Commission on Higher Education(CHED), LGUs and NGOs;•

Secure from any department, bureau, office, agency, or instrumentality of the government or from
NGOs and other civic organizations such assistance as may be needed to effectively implement thisAct;•

Complement the shared government information system for migration established under R.A. No.
8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995” with data on
cases of trafficking in persons, and ensure that the proper agencies conduct continuing researchand study on the patterns and scheme of trafficking in persons which shall form the basis for policy
formulation and program direction;•

Develop the mechanism to ensure the timely, coordinated and effective response to cases of trafficking
in persons;•

Recommend measures to enhance cooperation efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress international trafficking inpersons;•

Coordinate with the Department of Transportation and Communication (DOTC), Department of Tradeand Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in theinternet;•

Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign
nationals in the Philippines;•

Initiate training programs in identifying and providing the necessary intervention or assistance totrafficked persons; and•Exercise all powers and perform such other functions necessary to attain the purposes and objectivesof this Act.

IV. DEPARTMENT OF JUSTICE (DOJ) ACTIVITIESThe DOJ is responsible for prosecuting trafficking cases. It also acts as the lead agency of IACAT, andimplements certain programs and initiatives against trafficking in persons, in addition to the efforts made byother IACAT members in accordance to their mandates. Each of these activities is discussed briefly.

A. DOJ-led Investigations and Prosecutions
To sustain our drive to prevent trafficking, the DOJ-IACAT is currently setting up a quick reaction
team (QRT)/task force composed of prosecutors, law enforcement investigators, welfare officers, and nongovernment organizations (NGOs). The QRT is designed to centralize the rescue operation of the existinganti-trafficking law enforcement units. The IACAT will create these task forces in all the seventeen (17)regions in the Philippines. Presently, there are eight (8) anti-trafficking task forces being supervised andsupported by the IACAT, all headed by a DOJ prosecutor, as follows:
1.
2.
3.
4.
5.
6.
7.
8.

National Inter-Agency Task Force Against Trafficking in Persons (NIATFAT)
Ninoy Aquino International Airport (NAIA) Task Force
Manila North Harbor Task Force
Diosdado Macapagal International Airport Task ForceRegion V Task Force (Bicol Region)
Region VII Task Force (Cebu)
Region IX Task Force (Zamboanga)
Region XI Task Force (Davao)

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These teams (1) conduct intelligence, surveillance and monitoring of trafficking operations in the target
area in coordination with the local enforcement agency; (2) undertake a unified, coordinated, and synchronizedinterception, arrest and investigation of traffickers and intercept or rescue victims of trafficking; (3) document
and gather evidence, including relevant information on the profile of traffickers, organization involved,
trafficking modus operandi; and (4) file complaints against suspected traffickers.
These task forces have been successful in curbing trafficking incidents in their respective regions andhave derailed would-be traffickers in their illegal pursuits, forcing them to seek alternative routes.

B. DOJ-assisted Rescue Operations and Prosecutions
The DOJ-IACAT also supervises and supports the intelligence, surveillance, and rescue operations of theAnti-Human Trafficking Division of the National Bureau of Investigation (NBI) and prosecution of trafficking
cases by the DOJ Task Force on Anti-Trafficking in Persons, a group of specialized prosecutors that handles
trafficking cases.
In particular, on May 18, 2011, the IACAT, in coordination with the Asia Against Child Trafficking, thePhilippine Embassy in Malaysia assisted twenty (20) Filipino fishermen, who were victims of trafficking forforced labor in Kuching, Malaysia. Prior to repatriation, the DOJ sent two (2) prosecutors to Malaysia to get
the victims’ affidavits in preparation for the filing of trafficking cases against their recruiters, a Filipino and aforeign national.
The Anti-Human Trafficking Division of the NBI assists the NAIA Task Force in the investigation of TIP
incidents at the NAIA Terminals 1, 2, and 3 on 24/7 tour of duty. It also conducts independent surveillance
and rescue operations.

C. Monitoring of TIP Cases
To minimize delay in the prosecution of TIP cases, facilitate the resolution of cases and increase the rateof convictions, the DOJ issued Department Circular Nos. 4912 and 57,13 directing all prosecutors to prioritize
and expedite the resolution and trial of such cases, oppose motions designed to delay the prosecution, andprohibit the dismissal of TIP cases on certain grounds. The DOJ likewise sought the assistance of the Officeof the Court Administrator (OCA) of the Supreme Court of the Philippines, to direct all courts to prioritize
and expedite the trial of TIP cases.
On October 26, 2010, the Supreme Court issued OCA Circular No. 151-2010 directing all Judges in the
Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities and Municipal Trial Circuit
Trial Courts, to expedite and prioritize disposition of TIP cases, and submit the list and status of trafficking
cases pending in their respective courts.
Based on an inventory of cases from 2003-2011, there are a total of 1,072 trafficking cases pending before
the DOJ and the courts.
•

From 2003-2011: there were 48 convictions involving 56 traffickers. In addition to the said numbers
were three (3) convictions for TIP-related Illegal Recruitment cases.

•

From 2010 to 2011, there were 25 convictions involving 31 persons, doubling convictions from 2003
to 2009.

D. Minimizing Trafficking-Related Corruption Cases
Corruption unfortunately impedes our work, particularly with TIP cases. To this end, the DOJ filed
and is closely monitoring the administrative and criminal cases involving government officials complicit
with traffickers. These cases involve immigration officers, agents of the NBI, an employee of the Manila
International Airport Authority, and even elected officials.

12 Issued on June 25, 2010.
13 Issued on July 29, 2010.

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E. Increase in the Number of Personnel Dedicated to Anti-Trafficking Efforts
On October 5, 2011, the Secretary of Justice issued Department Order No. 826 reconstituting task
forces in the DOJ main office, including the Task Force on Anti-Trafficking in Persons. There are now 18
prosecutors in our office specifically designated to handle and prosecute TIP cases. There are about 60
prosecutors in the National Capital Region and Local Offices of the DOJ who were likewise designated tohandle and prosecute TIP cases. In addition, there are 43 prosecutors designated to assist law enforcement
operatives in their case build up.
The DOJ likewise hired and designated the following to assist the NAIA Task Force in its daily monitoringof outbound passenger and investigation of trafficking incidents at the airport, and administrative operations of
IACAT:
Technical Assistants /Confidential Agents
Technical Assistants/Consultants 		
NBI-Anti-Human Trafficking Division Agents

–
–
–

12
18
14

F. IACAT 1343 Hot LineOn March 15, 2011, the DOJ launched the IACAT Action Line 1343, a 24/7 hot line that will respond to
emergency or crisis calls from victims of human trafficking. The Commission on Filipino Overseas, througha Memorandum of Agreement with the DOJ-IACAT, oversees the operation of the action line.
From March 15 to May 22, 2011, there were a total of 2,161 received calls, twenty (20) of which wereverified calls for TIP (three calls), sixteen (16) for illegal recruitment cases and one (1) for mail order bride.

G. Development of National Strategic Action Plan against TIP
The IACAT, with the DOJ on the lead, is currently developing a new 6-year plan of action, which willdraw a roadmap and chart the course of action of the government against TIP for 2011-2016. While theprevious action plan (2004-2010) focused on the three major components – prevention, protection (including
law enforcement and prosecution), and recovery and reintegration – the new plan of action will focus on thefollowing six (6) key areas of intervention: (1) advocacy and prevention; (2) protection and assistance; (3)enforcement and prosecution; (4) victim support and reintegration; (5) partnership; and (6) structural andlegal framework. The action plan is at its validation stage.
On December 12, 2011, the DOJ presented the Strategic Plan to IACAT partners for comments.

H. Manual on TIP for Forced Labor
With the assistance of the International Labor Organization, the DOJ is finalizing the Manual on theProsecution and Investigation of TIP for Forced Labor. The Manual will serve as a guideline in investigating
and prosecuting TIP for forced labor as it seeks to address certain issues relative to forced labor, i.e. , its
definition, elements, indicators, and its distinction from other related laws, such as from Illegal Recruitment
under the Migrant Workers’ Act and Labor Code of the Philippines, Worst Form of Child Labor under R.A.
No. 9231, and other Prohibited Acts relating to labor under the Revised Penal Code and the Civil Code of thePhilippines. The Manual is also at its validation stage.
I. Capacity Building and Awareness Campaign
Finally, the DOJ continues to conduct trainings and workshops to enhance the capacity of front line
workers. These include:•

Expansion of anti-trafficking training programs for Foreign Service Officers (FSO) . The training of
our FSOs, consisting of labor and welfare attaches, Assistance to Foreign Nationals (ATN) officers
and other personnel of Philippine posts abroad, particularly in countries where there are significant
numbers of trafficking incidents, is ongoing. The FSOs are the first line of service providers catering
to all distressed Filipinos, including TIP victims.
On November 17-19, 2010, the first training session was held in Kuala Lumpur, Malaysia, with FSOs
from the ASEAN Region, Taipei and Hong Kong. The second training session was in Amman, Jordan
on December 9-12, 2011, with participation from FSOs of the Middle East and African countries. The

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training also seeks to strengthen coordination and referral systems among our FSOs, particularly incountries with connecting borders, like countries in the ASEAN Region. The training is a joint effortof the Department of Foreign Affairs and DOJ.
•

Training of DOJ Prosecutors through the RP-US Letter of Agreement . US Embassy personnel
conducted training for prosecutors pursuant to the Letter of Agreement between the Philippines andUnited States. Training sessions were held in Boracay, Cebu and Manila.

•

Training of Prosecutors, in partnership with the Australian government, through the Asia Regional
Trafficking in Persons Project (ARTIP) . The “Pilot ASEAN Skills Course Training on Trafficking
in Persons for Specialist Prosecutors” was held from July 19-23, 2010 in Subic and trained 30
prosecutors from the DOJ main office, National Capital Region, Regions III and II. The second
training session was held on March 14-18, 2011 in Manila and attended by 30 prosecutors, mostly
members of the task forces.

•

The Philippine Anti-Trafficking in Persons Database (PATD) . Launched on December 16, 2009,
the PATD is an effective tool in generating accurate information to fully understand the causes,
processes, trends and consequences of TIP. Statistics and reports drawn from the database will be
useful in outlining and improving the country’s anti-TIP policies and programs. Standard Reporting
Formats, one for law enforcers and another for prosecutors were likewise developed to ensure that
only essential information are elicited.
With the support of the UNICEF, the DOJ conducted five (5) trainings for the users of the databasefor TIP. A total of 125 Administrative Officers and Personnel in the following offices of the National
Prosecution Service were trained: (1) NCR Field Offices and Regional Office, (2) Region III Offices,(3) Regions X and XI, (4) Regions I and II, and (5) Regions VII and IX.

•

Trainings for the Members of the Task Forces and NBI Agents.

•

Trainings for members of the task forces (NIATFAT, NAIA, and Regional Task Forces).

•

Training of Trainers for a pool of speakers to intensify Anti-TIP campaign, and the 1343 Action
against TIP.

V. LOOKING AHEAD
The Philippines has made significant strides in combating trafficking; nevertheless, there is so much thatremains to be done. Presently, the IACAT is able to take action on domestic trafficking, but is not yet able tofully respond to cases of trafficking with international dimensions, particularly those affecting our Overseas
Filipino Workers and those victimized abroad. Accordingly, the IACAT is looking to create the following
comprehensive anti-trafficking framework to address TIP in all its cycles:•

Intensify witness protection program and assistance to victims of TIP, by setting up temporary
shelters catering exclusively for trafficking victims and medical and health care programs, andproviding assistance to rescued victims in terms of physical, mental and psychological rehabilitation
as well as successful reintegration to the society.

•Set up Anti-Trafficking Operations Center that will monitor and supervise task forces, take actions
on the reports and referral from the IACAT hot line, and other IACAT-assisted rescue operations.

•

Intensify efforts in rescuing victims of trafficking abroad, and investigating TIP with international
dimensions.

•

Increase of human resources of the IACAT and its task forces.

•

Create task forces in all regions in the country, particularly in areas in Laoag International Airport,
which remains as the only international exit port without a task force that monitors outboundpassengers.

•

Increase the rate of convictions through monitoring of cases, support victim-witnesses, and provide
administrative assistance to law enforcers and prosecutors.

•

Intensify efforts to prevent or minimize trafficking-related corruption cases.

•

Increase efforts to prevent incidents of TIP.

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Conduct investigations and rescue operations in various areas of the country, especially in conflictareas where the vulnerability of persons is at the highest through IACAT’s task forces.

•

Provide administrative assistance to the existing task forces, including capacity building for theirmembers.

•

Roll out the TIP database in the regional offices of DOJ, NBI and PNP, and provide training andequipment.

•

Coordinate meetings with the Regional, Provincial, City and Municipal Inter - Agency Committees
against Trafficking.

•

Coordinate meeting with the Hotel Owners/Association and airline companies as part of the awarenesscampaign against TIP and child-sex tourism.

•

Develop National Strategic Plan of Action against Trafficking in Persons (2011-2016).

•

Develop Guidelines for Trafficking for Forced Labor, including training thereof of law enforcers andprosecutors.

•

Oversee the implementation of the Implementing Rules and Regulations on Organ Trafficking (including
coordination meeting with hospitals, medical establishment and medical professionals, and awarenesscampaign).

•

Expand training programs to educate Foreign Service officers and other personnel of Philippine
Embassies abroad in countries where there are significant numbers of trafficking incidents.

•

Continue training of prosecutors, law enforces, labor inspectors, foreign service personnel and otherfrontline service providers.

•

Provide case-by-case assistance in complex cases with multi-jurisdictional cases crossing cities andcountries, which are crucial in pursuing the leaders of trafficking syndicates.

•

Develop an infomercial, public relations and media campaign against TIP, including maintenance of
IACAT website.

•

Conduct the 2nd National Conference on Trafficking in Persons.

•Strengthen international cooperation with other countries in the investigation and prosecution of
traffickers.

•

Increase efforts to engage governments of destination countries through law enforcement anddiplomatic channels in the investigation and prosecution of trafficking offenders.

•

Provide capital for the IACAT and its task forces and operations center.

VI. CONCLUSION
Human trafficking is a multi-million criminal industry, in which traffickers adapt quickly to perpetuate
their trade. As traffickers innovate their trafficking processes, and as new purposes for trafficking emerge
and new vulnerable young groups come into fold, it is imperative that countries all over the world find new
ways to combat this scourge. Governments accordingly must work cooperatively – both domestically andinternationally – to prevent human trafficking. The Philippines is doing its part to stem the rising tide of TIP
cases, though a lot of work remains to be done, particularly with regard to international cooperation on TIP
cases.

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BEST PRACTICES IN THE PROTECTION, PREVENTION, AND
PROSECUTION OF HUMAN TRAFFICKING CASES IN ZAMBOANGA CITY

Darlene Reyes Pajarito*

I. INTRODUCTION
Being a transnational crime, Trafficking in Persons is one of the top three syndicated crimes in theworld that generates billions of dollars. In terms of gravity, this modern-day-slavery attacks the very coreof humanity. Philippines recognizes the gravity of this transnational crime; thus after becoming a signatory
to the “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,”Philippines had its very own anti-trafficking law, Republic Act No. 9208, otherwise known as the “AntiTrafficking Act of 2003,” which passed in May 26, 2003 and became effective on June 19 of the same year.
This law has been effective for merely eight years. Despite several convictions since 2005 up to 2011,
there has only been one Supreme Court Jurisprudence, handed down on 12 October 2011. The Supreme
Court affirmed the first human trafficking decision rendered by the Regional Trial Court of Zamboanga City,
dated 29 November 2005, finding two Filipinos guilty beyond reasonable doubt of the crimes of Trafficking
In Persons and Illegal Recruitment committed by a syndicate with the penalty of two Life Imprisonment
and a total fine of 3.1 Million Pesos broken down as follows, to wit: Php 2M Fine in Trafficking in Persons;Php 500,000 Fine in Illegal Recruitment; Php 500,000 Fine as moral damages; P100,000 Fine as exemplary
damages. (Supreme Court G.R. No. 195419). The amount of moral and exemplary damages were substantiallymodified by the Supreme Court as it was increased from Php 50,000.00 respectively.
Having comprehensive anti-trafficking legislation that is strictly implemented is one of the most effective
measures to combat trafficking in persons.
Among the Asian neighboring countries, the geographic proximity of Malaysia, economic opportunities,
and for some, an extension of their home, lured many Filipinos to cross the Malaysian border, mostly throughillegal means or using the ‘backdoor.’ Criminal activities and human rights violations are common in suchsituations/conditions and trafficking in persons is not an exception.
Philippines is identified generally as a source country from where victims of trafficking in persons arerecruited and transported to other countries not only within the Asia and Pacific region but to other parts of
the world. However, domestically, trafficking in persons is likewise thriving and is just as lucrative.
There are several places within the Philippines identified as ‘hotspots’. Hotspots may be a province, cityor municipality marked as a place where it is identified as a human trafficking source, destination, transit,
and an exit point. Zamboanga City is one of those identified ‘hotspots’ in the Philippines.
Law enforcers can easily spot a possible human trafficking victim just by observing at one of the seaports
in Zamboanga City. Probable victims’ profiles include among others, young passengers from ages between
12 to 25 years old; mostly girls; first timer in the big city; willing to take risks; without any clear information
about their work, salary, employment, employer and place of work. Most of the victims are deceived into
believing that they will have decent, good or high paying jobs in Malaysia; thus they would readily cross theborder despite the fact that passing through the back door entails dangerous and unsafe conditions of travel.
* 3rd Assistant City Prosecutor, Office of the City Prosecutor – Zamboanga, Department of Justice, Philippines.

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In the City’s first conviction on human trafficking in 2005, the victim, a 22-year-old woman, was lured into
Malaysia with the promised work of waitress at Php 25,000.00 per month. She was sold as a prostitute in
one of the bars in Sandakan, Malaysia where she had to serve and have sex against her will with at least
three to five male customers in a night, for more than a month until she was rescued. Aside from being
raped, she was boxed, pushed and her head banged against the wall by her customers whenever she refused
to have sex with them. Five other convictions followed, all involving young women who were exploited forsex or labour in Malaysia.
However, despite the statistics, getting more convictions remains a challenge. Human traffickers simply
use different modi operandi to avoid getting detected and making it more difficult for police officers tointercept and arrest perpetrators as well as gather evidence. However, among the usual or common modi
include (1) making advanced payment to parents, while recruitment process is still on-going, (2) making
unrealistic promises relative to work, salary, food and lodging, (3) spurious documents and papers, (4)quota and networking system by relying on a wide net of “facilitators”, (5) paying government personnel
to overlook suspicious documents, (6) transport recruits in groups, in twos, or individually but will regroupat port areas, (7) recruiters avoid personal contact with recruits by buying tickets through the internet
and sending it through emails, or they sometimes communicate through the social networking system,(8) movements of the potential victims are restricted and they are told to avoid talking to government
personnel, other passengers or crew, (9) travel and personal documents are in the possession of therecruiter or the his/her facilitator and are sometimes given to recruits only at the port area already withgovernment stamps on it, and (10) when one port area becomes strict, they simply go through anotherbackdoor or another legal port. These modi operandi make it difficult to secure evidence especially when
victims are non-cooperative.

II. DEFINITION OF TRAFFICKING IN PERSONSAs provided under Section 3(a) of Republic Act No. 9208, “Trafficking in Persons – refers to therecruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders by means of threat or use of force, or other formsof coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerabilityof the person or, 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 which includes at a minimum, the exploitation of
the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or
the removal or sale of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be considered as “trafficking in persons” even if it does not involve any of the means set forth in
the preceding paragraph.”
Based on the foregoing definition, there are three elements to prove to secure a conviction. These are
the ACTS, MEANS and EXPLOITATIVE PURPOSE.

III. ZAMBOANGA CITY CONVICTIONS
From 2005 up to 2011, Zamboanga City has a total of six convictions for violations of Republic Act No.
9208. Section 4 thereof enumerates eight Acts of Trafficking categorized into three kinds, namely sexual
trafficking, labor trafficking and organ trafficking. Zamboanga City’s six convictions all involve violations ofsaid section, particularly on sexual and labor trafficking. An outlined summary is shown below, as follows:

A. First Conviction in the Philippines
People of the Philippines –vs– HADJA JARMA LALLI y Purih, RONNIE ARINGOY y Masion (convicted)
and NESTOR RELAMPAGOS (at large)•

Criminal Case No 21908 – Trafficking In Persons (Section 4(a) in relation to Sections 6(c) and 10(c)of RA No. 9208) filed on 18 August 2005•

Criminal Case No 21930 – Illegal Recruitment (Section 6 in relation to Section 7(b) of RA No. 8042)

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DATE OF DECISION: 29 November 2005; Promulgated on 5 December 2005•

PENALTY: 2 Life Imprisonment and a fine of 2.6 M-

In the human trafficking case: Life imprisonment and a fine of Two million pesos (P2,000,000.00);-

In the illegal recruitment case: Life imprisonment and a fine of Five hundred thousand pesos(P500,000.00);-

And to pay offended party the sum of P50,000.00 for moral damages and P50,000.00 for
exemplary damages.

		(NOTE: Moral damages of P50,000 was modified and increased to P500,000 while the
Exemplary damages of P50,000 was modified and increased to P100,000 by the Supreme
Court).

•

Heard and tried before Regional Trial Court, Branch 16, with Hon. Judge Jesus C. Carbon, Jr. as thepresiding judge•

Prosecuted by City Prosecutor Ricardo G. Cabaron and 3rd Asst. City Pros. Darlene R. Pajarito•

This is a Qualified Trafficking case, committed by a syndicate, involving one (1) young female victim
who was recruited in Zamboanga City, brought to Malaysia and prostituted thereat. This case wastried jointly with Criminal Case No. 21930 filed against the accused for Illegal Recruitment and was
submitted for decision on 10 November 2005.

B. Second Conviction in Zamboanga City
PP vs. Rosie T. Ociel (convicted) alias “CONCEPCION CATARMAN y OBLIOPAS alias “MOMMY
ROCHELLE” alias “MICHELLE”, a certain “GINA CATAMAN”, LenLen Batungbakal, KHOO MING HOI
alias “ELWIN”, a certain alias “MICHAEL” and a certain alias “LUCY” (all at large)•

Criminal Case No 21899 – Trafficking In Persons (Section 4(a) in relation to Sections 6(c) and 10(c)of RA No. 9208) filed on 17 August 2005•

Criminal Case No 21898 – Illegal Recruitment (Section 6 in relation to Section 7(b) of RA No. 8042
filed on 17 August 2005•

DATE OF DECISION: 27 March 2007; Promulgated on 27 March 2007•

PENALTY: 2 Life Imprisonment and a fine of 7.2 M-

In the human trafficking case: Life imprisonment and a fine of Five million pesos (P5,000,000.00);-

In the illegal recruitment case: Life imprisonment and a fine of One Million pesos (P1,000,000.00);-

And to pay each of the six (6) private complainants the sum of P50,000.00 moral damages andP50,000.00 exemplary damages;-

And to pay the costs.

•

Heard and tried before Regional Trial Court, Branch 16, with Hon. Judge Jesus C.Carbon, Jr. as thepresiding judge.

•

Prosecuted by City Prosecutor Ricardo G. Cabaron and 3rd Asst. City Pros. Darlene R. Pajarito•

This is a Qualified Trafficking case, committed by a syndicate and in a large scale involving six (6)young female victims who were recruited in Las Pinas, brought to Zamboanga City, thereafter to
Malaysia where they were sold as sex slaves. This case was tried jointly with Criminal Case No.
21898 filed against the accused for Illegal Recruitment. After the submission of Memorandum on 30
June 2006, the case was deemed submitted for decision.

•

On 28 March 2007, the Honorable Court promulgated its decision dated 27 March 2007 convicting
the accused

C. Third Conviction in Zamboanga City
People of the Philippines –vs– EDWINA GUARIN (convicted) and CHARITO REBOLLOS (at large)•

166

Criminal Case No 21800 – Trafficking In Persons (Section 4(a) in relation to Sections 3(a) of RA No.
9208)

150TH INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS•

Criminal Case No 22151 – Illegal Recruitment (Section 6 of RA No. 8042)•

DECISION: 10 October 2008; Promulgated on 14 October 2008•

PENALTY: 20 years’ imprisonment and a fine of P1.7 M-

In the human trafficking case: 20 years’ imprisonment and a fine of one million pesos (P1,000,000.00)
but not more than two million pesos (P2,000,000.00);-

In the illegal recruiment case: Imprisonment of not less than 6 years and 1 day but not morethan 12 years and a fine of not less than two hundred thousand pesos (P200,000.00) nor morethan five hundred thousand pesos (P500,000.00);-

And to pay moral damages.

•

Heard and tried before Regional Trial Court, Branch 16, with Hon. Judge Jesus C. Carbon, Jr. as thepresiding judge.

•

Prosecuted by 3rd Asst. City Pros. Darlene R. Pajarito•

This is a Simple Human Trafficking case involving two (2) young female victims who were recruited
in Sangali, Zamboanga City, brought to Malaysia, and exposed them to prostitution thereat. This casewas tried jointly with Criminal Case No. 22151 filed against the accused for Illegal Recruitment.
On 16 July 2007, this case was submitted for decision. On 14 October 2008, the Honorable Court
promulgated its decision dated 10 October 2008 convicting the accused.

D. Fourth Conviction in Zamboanga City
People of the Philippines –vs– FLORA CABRAL y ALDENESE, a.k.a. “Flora Jasmin Aldenese” a.k.a.
“Flora Aldenese”, Christopher Yu, Analyn Yu and a certain Francis•

Criminal Case No 22878 – Trafficking In Persons (Section 4(a) in relation to Sections 6(c) and 10(c)of RA No. 9208)•

DATE OF DECISION: 29 July 2010; Promulgated on 6 August 2010•

PENALTY: Life imprisonment and a fine of P2.1 M-

Fine of Two million pesos (P2,000,000.00);-

And to pay private complainant the sum of P100,000.00 for moral damages and P50,000.00 for
exemplary damages;-

And to pay the costs.

•

Heard and tried before Regional Trial Court, Branch 12, with Hon. Judge Gregorio V. Dela Pena III as
the presiding judge.

•

Prosecuted by 3rd Asst. City Pros. Darlene R. Pajarito•

This is a Qualified Trafficking case, committed by a syndicate, filed in court on November 28, 2006
involving two (2) young female victims from Camino Nuevo Barangay, Zamboanga City who wererecruited in this City to work in Malaysia as cashier or entertainer. Upon reaching Malaysia, they
were instead exposed to prostitution. Accused was a resident of Tumaga Barangay, Zamboanga City.
This case was submitted for decision on December 2009.

•

On 6 August 2010, the Honorable Court promulgated its decision convicting the accused

E. Fifth Conviction in Zamboanga City
People of the Philippines –vs– Arlene Ramos, a.k.a. “Michelle Ramos”, “Arlene Anova”, “Arlene Lee”•

Criminal Case No 22792 – Trafficking In Persons (Section 4(a) of RA No. 9208)•

DATE OF DECISION: 8 February 2011; Promulgated on 8 February 2011•

PENALTY: 20 years’ imprisonment and a fine of 1 M•

Heard and tried before Regional Trial Court, Branch 14, with HON. JUDGE REYNERIO G. ESTACIO
as the presiding judge.

•

Prosecuted by 3rd Asst. City Pros. Darlene R. Pajarito

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This human trafficking case was filed in court on 25 September 2006. Accused, who is from CabaluayCatumbal Barangay, this City, recruited two (2) young female residents of Valera St., Barangay Zone
1, Zamboanga City, to work in Malaysia as waitresses. When they reached Malaysia, they were soldto different employers as household helpers without pay. This is Zamboanga City’s first LABOR
TRAFFICKING conviction and the second in the country.

F. Sixth Conviction in Zamboanga City
People of the Philippines vs. Mary Glen Anos y Dela Torre, Bebe Lim, et. al.
•

Criminal Case No. 22969 - Trafficking In Persons (Section 4(a) in relation to Sections 6(c) and 10(c)of RA No. 9208)•

DATE OF DECISION: 1 July 2011; Promulgated on 1 July 2011•

PENALTY: Life imprisonment and a fine of 2.1 M-

Fine of Two million pesos (P2,000,000.00);-

And to pay private complainant the sum of P100,000.00 for moral damages and P50,000.00 for
exemplary damages;-

And to pay the costs.

•

Heard and tried before Regional Trial Court, Branch 12, with Hon. Judge Gregorio V. Dela Pena III as
the presiding judge.

•

Prosecuted by 3rd Asst. City Pros. Darlene R. Pajarito•

This is a Qualified Trafficking case, committed by a syndicate, filed in court on January 31, 2007
involving two (2) young female victims who were exposed to prostitution in Malaysia. Victims werefrom Pagadian City while the accused was a resident of Poblacion Guipos, Zamboanga del Sur. Thiscase was submitted for decision on 31 January 2011.

•

On 1 July 2011, the Honorable Court promulgated its decision convicting the accused.

In all the foregoing cases, common evidence presented included the following, to wit:
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Affidavit/ Supplemental Affidavits (of Victims/Relative/Arresting Officer/Witness)
Certification from the Philippine Overseas Employment Agency (POEA)
Tickets (Airline/Boat/Bus)
Complaint sheet/Booking Sheet
Case Report/ Forwarding Report
Certification from POEA
Passports/Travel Documents
Pictures
Receipts paid by customers
Receipts of money sent across border to a co-accused
Pink paper for short time booking and yellow paper for overnight booking
Letter of one of the victims to the mother
Passenger Manifest
Counter-Affidavit of Accused & that of Witness of AccusedThis evidence was identified when the following witnesses testified in court:
•
•
•
•
•
•

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Private complainant/ Victim
Corroborative Witnesses – Relative/s
Police Investigator
Arresting Officer
Representative from POEA
Representative from Airlines/Shipping Lines

150TH INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS

IV. FACTORS THAT CONTRIBUTED TO THE SUCCESSFUL CONVICTIONS
Prosecuting such a complicated law is not easy especially when cases are victim-centered. A common
challenge in prosecuting human trafficking cases is when victims or survivors no longer wish to participate
or pursue the case against the human traffickers. Nevertheless, based on the experiences of stakeholders,enumerated below are some of the factors that contributed to the successful convictions in Zamboanga City.
A. Speedy Trial. Prosecution ensures that witnesses are ready and present during the presentation ofprosecution’s evidence.
B. Specially Designated Prosecutor. Department of Justice issued an order assigning a prosecutor
to specially handle all trafficking in persons cases from the preliminary investigation up to theprosecution of the case in court.
C. Victims Almost Always are Presented First During Trial. This is to avoid losing the victim andeventually the case.
D. Prosecutor To Conduct More Than One Briefing. Prosecutors are obliged to prepare the witness
for trial; thus the need to meet with the victim more than once, not only to guide the witness but also
to be able to establish rapport and make the victim feel comfortable with the concerned duty holders aswell as with the environment and the entire court process.
E. Focus on the Elements of the Crime in Attacking the Theory of the Defense. This is to prevent
deviation of issues or from the fact that trafficking in persons did occur.
F.

Submission of a Strong and Well-Written Memorandum at the End of the Trial. Judges appreciate
the submission of Memorandum, as it helps them see the viewpoint of the parties. On the part of theProsecution, it is an opportunity to give emphasis where it is needed to strengthen its point.

G. Relevant Corroborative Evidence is Likewise Presented. These evidences can strengthen thecase and are very useful should victims choose not testify. These include forensic interview records,
video recording, child’s journal, and testimony of investigators, arresting officers, social workers,
medical doctors, and other eyewitnesses who have personal knowledge of circumstances leading to
the trafficking in persons incident.
H. Gender or Victim Sensitivity. It is very common that exploited victims are traumatized thus
stakeholders are trained to use the Right-Based Approach to avoid re-victimization.
I.

Enroll Victims in the Witness Protection, Security and Benefit Program. Victims are empowered
to pursue the case and seek justice for themselves and for the other victims when they are enrolled in
the Witness Protection, Security and Benefit Program of the Department of Justice. Under such program,financial assistance is provided and as well as personnel security, for victims who receive threats during
and even upon termination of trial. A temporary shelter in a safe house is likewise provided to protect
them from harassment and possible threats from the human traffickers who are respondents or accusedin trafficking in persons cases.

J.

Presence of Social Workers and Counseling Given to the Victims. Victims are always accompanied
by a social worker from rescue, investigation up to prosecution and trial level. Counseling and post
debriefing are likewise provided to help the victims cope with the trauma as well as the stress of
pursuing a case.

K. Access to the Mandatory Services as Provided for in Republic Act No. 9208. These mandatory
services include providing the victim emergency shelter or appropriate housing, counselling, medical/
psychological services, free legal services, livelihood/skills training, educational assistance to a
trafficked child, capability building programs, and rehabilitation and reintegration of victim. (Section
23, RA No. 9208). These services or assistance are provided by concerned government and nongovernment agencies.

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L.

Duty Holders are Knowledgeable about Republic Act No. 9208. The entire criminal justicesystem stakeholders are knowledgeable about the law and how to implement it. These stakeholders
include police officers, social workers, prosecutor, judges, public defenders, jail officers, local
community leaders and officials, and other non-government entities. Enhancement trainings andcapacity building seminars on human trafficking are periodically conducted throughout the year.

M. Synergize Port-Based Task Forces. Zamboanga City has local anti-trafficking task forces for seabase, air-base and land-base which were organized in the last quarter of 2007. These are composedof government agencies in charge with the enforcement of the Republic Act No. 9208. In mid-2008,
said task forces were mobilized to intercept, arrest and investigate human traffickers at all ports.
These task forces are likewise mandated to rescue/recover and repatriate and rehabilitate victims.
In handling human trafficking cases, the task forces are well coordinated. Case conferences are held
prior to operation, and debriefing sessions are held thereafter. The task forces also do monitoring
work and updates and new leads and information are shared.

V. STRENGTHENING PARTNERSHIP, PROTECTIONS, AND PREVENTIVE MEASURES
THROUGH MULTI-AGENCY COLLABORATION
A. Continuous Trainings. This is to update stakeholders with the existing laws and jurisprudence.
This involves coordination/collaboration with Department of Justice, non-government agencies andwith the Local Government Unit concerned.
B. Increase Awareness Among Agency Personnel. This involves re-echoing what was learned andincreasing the agency personnel’s effectiveness or competence in combating trafficking in persons.
C. Good Publicity After Conviction. This is to encourage other women to come forward and pursue
their respective cases against traffickers in persons. Media partners can help through print, radio andtelevision coverage in sending a clear message, if not instill fear, among traffickers.
D. Continuous Collaboration Among Anti-Trafficking Task Force members. Task Force members(government and non-government agency-members) continuously meet, monthly or quarterly to
exchange information and strengthen ties and referral systems.
E. Continuous Anti-Trafficking Campaign/Advocacy Efforts. This advocacy is very crucial among
the youth, women, academe, local government unit community, transport groups, and business
community to heighten campaign against trafficking and sustain the message sent as well as toincrease the network of partners/stakeholders. Efforts include, among others:
1.

Conducting Basic Awareness and Orientation Seminars on the Salient Features of Republic
Act No. 9208;

2.

Fun Run and Walk Inviting all Government Agencies and Non-Government Agencies toParticipate;3.

Posting of Posters and Giving of Handouts, Pamphlets or Information Material;

4.

Setting Up of Trafficking In Persons Videos to be shown at all Port Areas (sea, air and land);5.

Setting up of an Overseas Passenger Assitance Center at all Port Areas. This is to purposely
advocate, rescue, or intercept as well as to give assistance to probable victims of humantrafficking and arrest human traffickers who are facilitating the exit of the victims through thelegal ports.

However, given all the measures in place, human traffickers revise or change their modi operandi,
especially at port areas. Their network of “facilitators” may be bus driver or conductor, a porter, or vesselcrew or captain. They use local airline budget fares to evade tightening grip in ports, or private tinted vansbeyond inspection, or they shipped victims under tarpaulin covers in trucks. Sometimes decoys are sent-off,as illustrated in the testimony of one victim: “Our recruiter divided us into those who have documents, andthose who have none. The first group with documents is taken to the authorities for inspection. Our group

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without documents was told to discreetly go in pairs, slip out of the terminal, and re-join the other group in adesignated point where the bus would wait for us.” (15 year old interviewee in Lilo-an, Philippines) . Others
are simply slipped through at night inside the engine room of the ship, when enforcers and non-government
agencies are not closely watching.

VI. CONCLUSION
Having a law with good penal provisions is definitely an important tool to help eradicate humantrafficking. However, implementing it and prosecuting human traffickers is another matter. Having a goodcase, a good lawyer and a good judge can definitely boost the chance of getting a conviction.
Noteworthy to mention are some salient features of Republic Act No. 9208 that greatly contribute to its
effectiveness. These include, among others, the legal protection afforded to the victims of human trafficking,
who are given immunity from prosecution for crimes directly related to acts of trafficking; that they areentitled to be enrolled in the witness protection program; and that consent of a trafficked person to theintended exploitation set forth in this Act shall be irrelevant (Section 17). Another salient feature of the law
is the high penalty imposed on violators.
These foregoing convictions give very strong guidance to future prosecutions and possible convictions ofhuman traffickers on issues like:•That indeed consent is irrelevant;•That actual sexual or labor exploitation is not necessary to prove the element of ‘Purpose’ when
victims testified that they were given pills, condoms, and sexy clothing and ordered to entertain
male customers by having sex with them;•That victims’ desistance does not necessarily result to acquittal of the accused;•

That there is conspiracy among contacts in different countries;•

That victims feel more empowered and protected once enrolled in the witness protection programme;•That family support is crucial; and lastly•

That even college students and graduates can be just as vulnerable as those unschooled.

The modus operandi may change but what remains constant is the victims’ desire to migrate or relocate
to a different place, within or across national border; or victims wanting to work overseas, pushed mainly byeconomic factors and reinforced by their being ‘risk takers but naive’ or the attitude of ‘Bahala na ang Dios’(‘It is up to God’). These circumstances will always be the challenge duty holders face in combating humantrafficking. A more frustrating challenge beseeching further attention among partners is corruption in thegovernment. Although, anti-corruption laws are likewise in place, however, like the anti-trafficking law, it
requires as much commitment from the duty holders to implement it and pursue the offenders.
Since human trafficking is a transnational crime, commitment not only from domestic stakeholders but
from international stakeholders are very much needed. The importance of having a coordinated network
within the Asia and Pacific region, and for these countries to share experiences and best practices cangreatly enhance capacity and knowledge on how to improve instituted programs and measures in place aswell as to strengthen the fight and take the necessary steps in eradicating this syndicated global crime ofhuman trafficking.

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REPORTS OF THE SEMINARGROUP 1
EFFECTIVE DETECTION, INVESTIGATION AND PROSECUTION OF
TRAFFICKING IN PERSONS WITH SPECIAL FOCUS
ON INTERNATIONAL COOPERATION
Chairperson
Co-Chairpersons
Rapporteur
Co-Rapporteurs
Members

Advisers

Ms. Darlene Pajarito
Mr. Seguchi Yoshio
Mr. Mizanur Rahman Khan
Ms. Pattraporn Pommanuchatip
Mr. Yamamoto Yoshihiro
Mr. Marcio Membreño Villela
Mr. Rene Benedicto Rivera
Mr. Serfie Djemson Bokko
Mr. Anthon Billie
Mr. Komvich Padhanarath
Mr. Tanaka Hiroaki
Mr. Wanchai Rujanavong
Prof. Naoyuki Harada(Philippines)(Japan)(Bangladesh)(Thailand)(Japan)(Honduras)(El Salvador)(Indonesia)(Papua New Guinea)(Thailand)(Japan)(Thailand)(UNAFEI)

I. INTRODUCTION
All the participants are in agreement that trafficking in persons is a serious problem affecting both thedomestic and global community and that each country can be a source, transit, or a destination country,
or all of the foregoing. Except for the participant from Papua New Guinea, all the participants considered
their countries to be source, transit, and destination countries. The participant from Papua New Guinea
mentioned that his country is a transit and destination country, while the Bangladeshi participant stated that
his country is a source and transit country.
Under the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, trafficking
in persons has three forms of exploitation: sexual exploitation, forced labour or slavery, and organ removal.
Although not all countries have criminalised all three forms of exploitation (sexual, labour, and organ
trafficking), each country has its own domestic laws to counter some forms of human trafficking. In Papua
New Guinea, basic criminal and labour laws are applied to human-trafficking cases. Despite the endeavours
and continuous efforts of different countries in combating human-trafficking, there are still many obstacles
preventing each country from effectively addressing this global menace.
The Group identified, among others, the push and pull factors common to all countries: economic
reasons; lack of employment opportunities; family disintegration; weak or no law criminalising humantrafficking; corruption and lack of exemplary punishment; vulnerability of victims due to calamities; limited
or no access to social services or information; regulation imbalance; and presence of organized crime groups.
This report embodies the views and experiences of the participants in combating human trafficking, theobstacles encountered in detection, investigation, and prosecution of trafficking in persons (TIP) cases, aswell as the available measures in their respective countries. Considering that TIP is a transnational crime,
the Group agreed that to be able to effectively address TIP, effective measures in detection, investigationand prosecution must be recommended, focusing specially on international cooperation among participants’respective countries.

II. MODUS OPERANDI
Being an organized transnational crime, the TIP common process involves recruiting victims,
transferring or transporting such victims to the destination, and exercising control over victims to makethem subservient to the human traffickers’ demands.
At the recruitment stage, the Group identified several modi operandi. Human traffickers employ

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fraudulent schemes or deceptive means such as giving false promises, advance payment or salary, job
offering, internet communication, and advertisement in newspapers. A participant from Japan gave an
example of human traffickers luring Filipina women with Japanese fathers to Japan by assuring them of the
grant of citizenship, only for them to suffer sexual or labour exploitation upon arrival in Japan.
Victims of human traffickers are usually transported illegally to the transit/destination countries –legal ports are not often used; if exit or entry is through legal ports, fake travel documents are used. Fake
marriages are likewise employed to gain entry to another country. Human trafficking occurs by air, land andsea, depending on the strategic location of each country. A participant from Honduras gave an example ofvictims who were transported on top of a cargo train from Mexico to the United States of America. If by sea,in the case of the Philippines, some victims are hidden in the engine room of the vessel for more than twelve
hours. To other countries, like Japan, transportation of victims is mostly by air. As to the exercise of control
by the human trafficker, it may occur during the transfer or at the start of the exploitation in the destination
country.

III. OBSTACLES
A. Detection
Persons vulnerable to trafficking are those who, in addition to those referred to by the UNODC
documents, are in the following situations: homeless; young women or children; from poor families; ofunusual appearance or circumstance, such as unusual scars or visible injuries; new to urban areas; illegal
migrants housed in common locations or regions.
As far as the victim is concerned, obstacles identified by the Group are the following:(1) victims sometimes do not realise that they are victims, or the possibility that they can become
victims of trafficking, thus they are unable to identify themselves as such;(2) many victims are uneducated and/or have difficulty in communicating because of language barriers;(3) TIP victims who are found to have entered the country of destination illegally, or who are
overstaying, or who have been involved in criminal activities such as prostitution, working without
permits, or using fake travel documents, often refuse to cooperate with law enforcements agents forfear of punishment as well as fear of retaliation by human traffickers;(4) in most cases, victims are found to have no or limited freedom or movement due to either physical(locked inside the room or house) or mental (unpaid debts) control;(5) the geographical distance between the victims’ place of origin and the place of exploitation increases
the vulnerability of victim as well as their difficulty in escaping and seeking assistance from
authorities.
The Group also identified two common obstacles in the community or the public. First is their lack ofawareness of trafficking in persons, making them unable to identify if such crimes are being committed intheir community. Second, they may be aware, but fear of harm or retaliation prevents them from assisting
the victim or reporting the incident to the authorities. As to law enforcers, most of the participants identified
the following obstacles as very commom: lack of personnel, tools, devices, equipment, office supplies, andgasoline; and voluminous workloads and budget constraints. Moreover, law enforcers’ lack of knowledge
and skill in detecting witnesses and investigating human-trafficking cases, as well as corruption, are also
obstacles in most countries.

B. Investigation
Law enforcers face several obstacles in investigating human trafficking cases, and foremost is thelanguage barrier between the victims and the authorities, more specially, if it involves a foreign victim
or minor. Victims’ refusal to cooperate or to tell the truth are due to some factors such as trauma, fear of
authority or being charged for illegal activities, fear of retaliation by human traffickers, a feeling of loyalty
to the human traffickers, and fear of being labeled a prostitute. Some victims do cooperate but exaggerate
what they experienced to make themselves appear more believable. In the case of Thailand, the long waiting
period for trial to begin also discourages victim cooperation, and they would rather lie about the exploitation,
accept punishment for criminal activities and be deported than wait for the prosecution of the case. As far
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as investigating the suspect is concerned, language difference is likewise an obstacle, as well as bribery
and corruption. Other obstacles are that suspects use various techniques to delay the criminal procedure;
do not admit their guilt; and operate with an organized crime group. The presence of layers of actors
complicates and sometimes prevents the police and prosecutors from identifying and tracing the suspects.
Police investigators themselves face several obstacles such as their lack of knowledge of TIP and weak
investigative skills, lack of internal and external police cooperation, frequent rotation of police officers, andlack of forensic or scientific equipment.

C. Prosecution
As in investigation, the prosecution faces similar obstacles. However, in addition thereto, the prosecution
faces the following obstacles:
(1)
(2)
(3)
(4)
(5)
(6)

Absence of witnesses at the trial or in court testimony;
Hostile witnesses;
Lack of cooperation by the witness;
Long duration of trial;
Lack of knowledge in handling human trafficking cases; andThe frequent rotation of prosecutors.

However, a participant from Japan disagreed that frequent fast-turnover of police and prosecutors wasan obstacle, and viewed it instead as an effective measure to fight corruption as well as an opportunity toenhance the capability of other police or prosecutors by sharing knowledge, experiences, and expertise
regarding human trafficking.

IV. EFFECTIVE MEASURES IN DETECTION, INVESTIGATION, AND PROSECUTION
After a lengthy discussion, the Group recommended the following effective measures to secure theco-operation of victims and other witnesses:
•
•
•
•
•
•
•
•

Presence of social workers at relevant stages of the process.1
Grant victims/witnesses immunity from suit, a work permit, extension of stay, or residency status.
Financial assistance or an allowance for the cost of transportation, board, and lodging.
Availability of interpreters at all stages of the investigation and prosecution.
Provision of assistance such as appropriate shelter, medical/psychological care, and livelihood skills
training/rehabilitation.
Upholding the privacy/confidentiality of victims’ identity and personal circumstances at all stages andclosed-door investigation, and prosecution/trial (where possible).2
Pre-requisite testimony of victim before prosecutor, defender, and the judge.
Offer of plea bargain to an accomplice-turned-witness.

Recommended effective measures to get useful information from suspects are the following:
•
•
•
•
•
•

Availability of interpreters.
Surveillance of the activities of the suspect and the organized crime group.
Wiretapping.3
Tracing of financial or paper flows.
Undercover operation/sting operations.4
Financial sanctions such as confiscation of criminal proceeds and devices.

1 To gain the trust, knowledge, and understanding of the victim.
2 In Japan, victim’s name may not be divulged during trial.

3 Generally, in Japan, wiretapping for TIP cases is not allowed.

4 Entrapment operations are not allowed in Japan for TIP cases because in such operations, police officers in effect would becommitting a crime, and no immunity can be granted to officer; further, it is considered that in Japan, this will erode publicconfidence in the police.

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Below are common effective measures identified by the Group:
•
•
•
•
•
•
•
•

Full-blown campaigns against human trafficking, and advocacy and awareness-raising in relevant
countries for all sectors of the community.
Continuous training for police officers, prosecutors, and judges relative to capacity building, antitrafficking and anti-corruption practices, cyber-crime detection, fraudulent document detection, andvalue formation.
Monitoring in both source and destination countries by means of strict checking at ports of entry
and exit; monitoring of transport agencies and recruitment service providers; compulsory/regularinspection of business establishments by government officials and internet surveillance.
Increased police visibility, such as more community or home visits by police officers.
Establish a system for handling human trafficking cases at the police and prosecution level to ensure
a smooth turnover and continuance of the investigation and prosecution of TIP cases.
Create a task force specializing in investigating and prosecuting TIP cases.
Investigate and prosecute suspects in TIP cases who bribe government officials.
Enroll victims in witness-protection programmes or engage the assistance of non-government
agencies to assist in protecting the victims and their families.

V. INTERNATIONAL CO-OPERATION
Weak or absent international co-operation and links between and among relevant government and nongovernment offices at the regional and global levels are key factors in allowing a very low risk environment
for human traffickers.
The Group identified two kinds of cooperation: formal and informal. Formal cooperation takes a longer
time to process, especially in the absence of a bilateral treaty, extradition, or a central authority and where
the diplomatic channel is the only means of cooperating. In informal cooperation, the process is easier andfaster in facilitating communication and requests.
Thus the Group agreed upon the following effective measures in handling TIP cases involving foreigners:
A. Create a joint task force on a case-by-case basis involving authorities from both countries.
B. Secure technical assistance in international capacity-building training to equip or enhance existing
capabilities of all countries in detecting, investigating, and prosecuting human-trafficking cases.
C. Establish networks with international groups such as the UNODC, Interpol, foreign regional
committees, and the like.
D. Conduct regional meetings among countries to establish a good network and linkages.
E. Attend international fora to widen the international network.

VI. CONCLUSION
In view of the complex nature of the crime of human trafficking, it is important that different countries
strengthen their regional and international cooperation and networking, with mutual understanding of eachcountries’ current situation and how to best address human trafficking in terms of detection, investigationand prosecution. It is of equal importance that joint efforts are sustained to be able to eradicate this global
menace.

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GROUP 2
VICTIM ASSISTANCE AND PREVENTION
Chairperson
Co-Chairpersons
Rapporteur
Co-Rapporteurs
Members

Visiting Experts
Advisers

Mr. Titawat Udornpim
Mr. Daisaku Kaneko
Mr. Shahinur Md. Islam
Ms. Aileen Marie Gutierrez
Mr. Chiaki Ochiai
Ms. Tania Jeannette Fiallos Rivera
Mr. Md. Moniruzzaman
Mr. Jorge Ovidio Cornejo DuranMr. Masahiro Kinoshita
Mr. Sadanobu Watanabe
Mr. Wanchai Roujanavong
Mr. Martin Fowke
Professor Tada Yuichi
Professor Yanaka Fumihiko
Professor Sakonji Ayako
Professor Wakimoto Yuichiro(Thailand)(Japan)(Bangladesh)(Philippines)(Japan)(Honduras)(Bangladesh)(El Salvador)(Japan)(Japan)(Thailand)(UNODC)(UNAFEI)(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION
The Group elected, by consensus, Mr. Titawat Udornpim as the Chairperson and Mr. Daisaku Kaneko
and Mr. Shahinur Md. Islam as the Co-Chairpersons; Ms. Aileen Marie S. Gutierrez, the Rapporteur, andMr. Chiaki Ochiai and Ms. Tania Jeannette Fiallos Rivera, as the Co-Rapporteurs. The report will discuss
Victim Assistance and Prevention and focus on the following agenda: (a) current situation of trafficking inpersons; (b) criminal justice measures for protection of victims of trafficking in persons; (c) victim assistancemeasures in trafficking in persons; (d) preventive measures against trafficking in persons; and (e) promotionof inter-agency and international cooperation from the viewpoint of victim assistance and prevention.

II. SUMMARY OF THE DISCUSSIONS
A. Current Situation of Trafficking in Persons
1. Modus Operandi
Human traffickers employ various modes in the furtherance of their illegal activities. The participants
identified them as follows:(i) False recruitment
This is the most common mode used by traffickers, who pretend to be recruiters or representatives ofagencies/entities authorized to deploy foreign workers to other countries. Victims are promised an expensefree recruitment process, including airfare, travel documents and other fees. Then, victims are supplied withfalse documents to facilitate their exit from the country of origin and entry to the country of destination.
Usually, traffickers assure the victims well-paying jobs, including provisions for food and accommodations.
However, upon reaching the country of destination, the victims are forced into prostitution or slavery.
(ii) Fake marriages
This mode involves the marriage of the victim to a foreigner for the purpose of exploitation. It is amisuse of the immigration system of one country so that a victim can travel abroad.
2. Forms of Exploitation
Trafficking in persons is a transnational crime that abuses the human rights of its victims. It can take thefollowing forms: sexual exploitation, forced labour or services, slavery, and removal or sale of organs.
3. Characteristics of Vulnerable Groups
Identifying trafficking victims is the most challenging task for any law enforcement agency. However,

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there are certain indicators that a person is most likely a victim of trafficking. These are more apparent invulnerable groups, who are marginalised in their respective societies. These groups often have some or
all of the following characteristics: (a) poverty; (b) hopelessness; (c) legal minor; (d) uneducated or of low
education; and (e) unemployed. In some countries, refugees and victims of natural disasters or climatechange are also considered vulnerable.
4. Key Elements for Assistance and Prevention
Victim assistance and prevention are part of the multi-dimensional approach in combating humantrafficking. The participants identified the key elements, as follows: (a) an organized system for victim
support; (b) a policy of addressing poverty, which is a primary factor that makes potential victims susceptible
to trafficking, through sustainable development programmes; (c) an effective mass-awareness programme;and (d) capacity-building training for key players of the criminal justice system, such as law enforcers,
immigration officers, prosecutors, judges, and other stakeholders.

B. Criminal Justice Measures for Protection of Victims of TIP (Trial Stage)
Human trafficking undermines the safety and security of all its victims. Thus, certain measures are madeavailable to the victims, particularly during trial. Victims of trafficking are usually unaware of their rights,
and if they are, they are unwilling to testify against traffickers either for fear that their families would be
harmed or because they are embarrassed to reveal the circumstances in which they lived. Thus, victim
protection measures are imperative so that victims feel secure in filing cases against traffickers.
1. Protective Measures during Trial
Some participants have institutionalised witness-protection programmes in their countries, which provide
security and safe houses to victims/witnesses, including their families. For those who do not have similar
programmes, their governments, through law enforcement agencies, provide security to victims/witnesses.
Protection of witnesses are also done through the following: (a) presence of accompanying persons forpsychological support; (b) testimony via video link; (c) exclusions; (d) closed trial; (e) pre-trial procedures;(f) limitation of questioning; and (g) limiting disclosure. During trial, coordination measures with NGOs, civilsociety groups, psychologists, and other medical practitioners are important actions to protect the victim.
2. Organized and Speedy Trial Procedure
Human-trafficking cases should be heard quickly. To this end, the participants explained that they makeuse of a pre-trial procedure or a pre-trial test, wherein parties stipulate facts and the testimonies of witnesses
are already taken for use during the trial. Some participants even have special courts or tribunals mandated tohandle cases involving women, children, and human-trafficking cases within a prescribed period.
3. Punishment Reflecting Gravity of Offence
All participants agreed that for criminal prosecution to be a deterrent in human-trafficking cases, asevere penalty should be imposed on human traffickers. While some participants claim that their respective
laws have severe penalties for human trafficking, which are also not bailable, some participants said that
their penalties are not severe. For some participants, a high penalty is imposed for cases involving multiple
charges which can also be considered human-trafficking offences. In all of the participants’ jurisdictions, thejudge decides whether to grant bail.
Human-trafficking cases should be punished more harshly than other cases, considering the damage
and trauma to its victims. Considering the severity of the crime, the suspension of sentence and granting ofbail should be addressed more cautiously than ordinary crimes. Thus, prosecutors should present sufficientevidence to prove the human-trafficking offence beyond reasonable doubt and make the judge understandthe gravity of the offence for him or her to sentence appropriately.

C. Victim-Assistance Measures in TIP
While victims of human trafficking often enter the country of destination illegally, once discovered, theyshould be protected, not be treated as criminals to be punished and deported. Some participants statedthat in their countries, victims are granted a special status allowing them to stay in that country, and areeven provided with a work permit, as long as they participate in the prosecution of trafficking cases. The
International Organization for Migration (IOM) also provides money for repatriation of victims who could not

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otherwise afford to go home. In the event that victims cannot pay for passports, the immigration authorities
co-ordinate with the concerned embassies to request a waiver of fees.
Upon repatriation and to prevent re-victimisation, the IOM also arranges for reintegration by coordinatingwith NGOs regarding livelihood programmes and the filing of criminal cases against traffickers. IOM can alsofind housing and other facilities for trafficking victims.
All participants said that in their countries, shelters and similar facilities are available, some provided
by NGOs and some by the government as mandated in their respective laws. Victim-support programmes
include shelters and legal and medical assistance, such as psychological support. Participants identified
the problem of limited shelter facilities for rescued, recovered, or repatriated victims. These victims arereferred to shelters and concerned government agencies for legal assistance.
Participants also discussed that the issue of interpreters of victims’/witnesses’ statements being of thesame nationality or ethnicity as the victims or witnesses. This situation can lead to discomfort and fear of
speaking plainly on the part of the victims or witnesses and can therefore be a hindrance to the investigation.
In this regard, steps can be taken by the individual country to engage interpreters from different countries withthe assistance of international organizations working on TIP issues. The victims’/witnesses’ opinions in theselection of interpreters should also be considered.

D. Preventive Measures against TIP
1. Border-Control Measures
Each participant explained their border-control measures to prevent trafficking. While not all countries
have the same equipment and hardware, the procedures in monitoring are similar. A participant shared thatconvicted and suspected traffickers are monitored by the immigration authorities and can be immediately
stopped from entering the country, including those involved in prostitution, as identified by the immigration
authorities. A participant stated that while the immigration authorities are monitoring traffickers, there
are too many blind spots in their country and that it is difficult to check traffickers. Thus, monitoring islimited to bus stations and airports. More challenging is the patrolling of both land or sea borders between
countries. For a participant, monitoring is conducted by an inter-agency task force composed of different
agencies, such as the immigration authorities, airport, port and maritime police, and other concerned law
enforcement agencies.
All participants agreed that a database, use of finger print scanners, photographs, and machine-readable
passports are effective tools in monitoring human traffickers. Not only names of international terrorists,
convicted non-nationals and violators of immigration laws, but names of blacklisted non-nationals should also
be in the database.
Most of the participants’ countries are island nations or have very long land borders that are difficult
to patrol. Thus, it is important to share information among countries. Concerned authorities of countries
sharing borders should have sufficient information on border control.
2. Measures against Misuse of Travel and Identity Documents
All participants shared their respective immigration procedures regarding examination of passports
and other travel documents. All countries issue machine-readable passports. Immigration authorities
use electronic devices to determine the authenticity of the passport. If the authorities are not satisfied, asecondary inspection is conducted and the documents are checked again in another facility. A participant
stated that his country has introduced the machine-readable passport system and immigration department isusing software called “third eye” for detecting and identifying the genuineness of the travel document.
It was observed, however, that the use of machine-readable passports is not a big issue relative totrafficking. There are instances when minors use fraudulent birth certificates to secure a passport.
Consequently, the issued passport is genuine, but the data contained in the passport is false, which is achallenge to immigration inspectors.

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3. Awareness Raising
All the participants agreed that there should be efforts to raise public awareness as a preventive measureagainst trafficking in persons. Awareness raising should be done through public information campaigns,
using broadcast, electronic and print media, to make the public, particularly vulnerable groups, aware that
trafficking is a crime and that if they are victimised, they can seek legal protection.
The awareness campaigns should also be conducted in cooperation with civil society and NGOs to create
public awareness about the forms of trafficking, including the methods adopted by traffickers and risks tovictims.
Seminars or training should also be conducted for law enforcers, prosecutors and even judges. In theexercise of their duties, key players are aware of the existence of trafficking in persons. However, they stillneed to explore the other dimensions of trafficking as well. Increasing awareness about trafficking among
immigration authorities, diplomatic personnel and other concerned persons is also important, as they arepractically in contact with potential victims regularly.
Some participants’ countries have institutionalised programmes against trafficking in persons, conducting
training sessions and workshops to enhance the knowledge and capacity of front line workers and broadcasting
information for the citizens. Some participants believe that in their countries, awareness raising is a challenge.
While there are seminars conducted for academia and researchers, there are none for the general public.
Likewise, not all concerned government officials, like labour inspectors, are even aware of what constitutes
trafficking in persons. Thus, all related organizations/agencies in government should tackle the problem
together. It was agreed that all allied law-enforcement agencies should be trained and provided a tool-kit toassist them in understanding and acting on TIP violations.
4. Forfeiture Proceedings
The participants agreed that high profit is one of the motivations for human trafficking and forfeitureof illegal proceeds earned from trafficking in persons can significantly contribute to preventing humantrafficking. Thus, a law consistent with international conventions, norms and domestic laws relative to thismatter is important.
5. Promotion of Inter-agency and International Cooperation from the Viewpoint of Victim Assistance andPrevention
All the participants agreed that trafficking in persons is a heinous crime with global dimensions. It is ahigh-income game, wherein traffickers change their modi operandi quickly to adapt to various situations.
Thus, it is imperative for all countries to work together and cooperate to prevent trafficking in persons.
The participants explained that in their countries, they have on-going victim-assistance programmes incooperation with NGOs, civil societies and social-welfare organizations, which provide shelter and otherforms of assistance to victims of trafficking. Legal aid is also available to the victims. Task forces are alsoestablished to prevent and protect trafficking victims. Relative to some participants, while their country
has no specific organization that exclusively takes care of the victims, its Ministry of Foreign Affairs takes
measures to address this concern. There is cooperation among their domestic organisations, like theprobation, coast guard, immigration, and even prosecution authorities.
Beyond the domestic sphere, some countries are already signatories to international conventions relative
to trafficking in persons. Some have existing extradition and mutual legal assistance treaties. In one country,
an Action Plan is in place, wherein international cooperation is effected through assistance programmes. In
particular, assistance is extended to South-East Asian countries by providing education, support for victims,
improvement of occupational capacity, and implementing stricter enforcement of regulations. There are also
efforts through various international assistance programmes to reduce poverty and cooperate with eachcountry to prevent trafficking in persons. But despite the existence of said Action Plan, there is no provision
regarding international cooperation. Indeed, it is imperative for countries to participate in treaties andexchange information.
Different forms of international cooperation were also discussed, like extradition, mutual legal assistance,

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exchange of investigation techniques and information, initiating co-investigation teams, law-enforcement
co-operation and informal cooperation. In reality, extradition and mutual legal assistance requests take time.
Thus, informal cooperation, also known as police-to-police or agency-to-agency assistance, is useful during
the case buildup or the investigation stage. It is usually faster and easier to obtain information. Thereafter, theformal co-operation can follow. Informal and formal cooperation should be used to speed up proceedings.
Cooperation with international organizations, like the IOM, is also essential for victim prevention andprotection. Aside from conducting research, data collection, information sharing and awareness-raising
activities, it also helps in the review and crafting of legislation. IOM provides legal, medical and psychological
aid to victims and helps them be reintegrated upon arrival in their countries of destination.
Some participants stated that while their governments do not provide shelter for the victims, NGOs do.
They identified this issue as one in which international agencies can play a vital role.

III. RECOMMENDATIONS
Porous boundaries and globalisation are making it easier for traffickers to escape detection. Hundreds ofindividuals are lured into prostitution and forced labour around the world. Countries should come together
and protect victims of human trafficking.
It is worthwhile to note that communicating with a traumatised trafficking victim is imperative incombating trafficking. Gathering an accurate account of the incidents leading to trafficking is always achallenge to any law enforcement agency. Thus, to facilitate interviews, specialized/small groups may becreated to assist in the interpretation, obtaining of information, and other related issues from victims/
witnesses and other concerned persons.
The participants suggested the following:
1.

2.

3.

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Victim assistance and protection:•

Physical support for better investigation, i.e. forensic and technological support.

•

Technical and logistical assistance for TIP units, especially for victim protection and shelters;
and financial assistance to victims.

•

There may be some internationally acceptable form of witness-protection measures consistent
with domestic laws and customs.

Prevention measures:•

Income generating programmes and mobilisation of socio-economic resources to avoid humantrafficking; and rehabilitation and reintegration of the victims to prevent re-victimisation.

•

Advocacy campaigns for the general public targeting the vulnerable group of possible trafficking
victims, such as comprehensive awareness and PR activities; making and distributing
awareness-raising brochures on TIP, education, promoting compliance with laws and regulations
related to TIP; and raising awareness of the demand which fuels sexual exploitation.

•

Enhancing the capacity of concerned agencies/institutions, particularly law enforcement, or
front liners.

•

Investigation of the money earned by human trafficking may be given more importance and amechanism of confiscating the illegal proceeds/income from TIP may be developed.

International cooperation:•

Extended international co-operation for establishment of victim shelter homes; promoting thecapacity of the key players.

•

Cooperation among NGOs, IOM and other civil-society groups to ensure rehabilitation andreintegration of TIP victims in the society.

•

Close liaison among key players of different countries, i.e. establishment of small working
groups.

150TH INTERNATIONAL SENIOR SEMINARREPORTS OF THE SEMINAR•

Governments, through international cooperation, need to improve education and employment
to prevent migration and TIP.

•

Extended opportunity for sharing of information regarding TIP.

•

Special attention to vulnerable groups from countries that have been large-scale victims ofwar, internal disorder, gross economic crisis, climate change, etc.

•

Mutual legal assistance for investigation, trial, repatriation, and extradition should be enhanced.

IV. CONCLUSION
UNAFEI provided the agenda for the group workshop. The participants talked about various issues,
within and beyond the prescribed topics. There was a sharing of customs, current situations, challenges,
and best practices of each participating country. After the spirited and lively discussions regarding several
matters like domestic law, international conventions, the role of international agencies working on TIP,
and other relevant issues, the group concurred on the contents of the group paper. Everyone agreed totake initiative and work on the recommendations made. Indeed, extended international co-operation onstrengthening capacities of key players, victim support, preventive, and protective measures and mutual
legal assistance are indispensable to improve the entire TIP scenario.

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APPENDIXCOMMEMORATIVE PHOTOGRAPH• 150th International Senior Seminar

UNAFEI

150th International Senior Seminar

Left to Right:
Above
Prof. Higuchi
4th Row
Ms. Sasabe (Staff), Mr. Sugiyama (Staff), Mr. Honda (Staff), Ms. Yamamoto (JICA), Ms. Iwakata(Staff), Mr. Inoue (Staff), Mr. Okaniwa (Staff), Mr. Miyazaki (Staff), Ms. Tani (Staff), Ms. Tashima(Staff), Mr. Yamamoto (Staff)
3rd Row
Mr. Jimbo (Staff), Ms. Sakai (Chef), Mr. Kawai (Chef), Ms. Yamada (Staff), Mr. Membreño Villela(Honduras), Mr. Corenejo Duran (El Salvador), Ms. Reyes Pajarito (Philippines), Mr. Seguchi(Japan), Mr. Padhanarath (Thailand), Mr. Tanaka (Japan), Mr. Kinoshita (Japan), Mr. Watanabe (Japan),
Mr. Rivera (El Salvador)
2nd Row
Ms. Maroski (Intern), Mr. Yamamoto (Japan), Ms. Sandoval Gutierrez (Philippines), Ms. Fiallos
Rivera (Honduras), Mr. Udornpim (Thailand), Mr. Moniruzzaman (Bangladesh), Mr. Kaneko (Japan),
Mr. Khan (Bangladesh), Ms. Pommanuchatip (Thailand), Mr. Islam (Bangladesh), Mr. Bokko(Indonesia), Mr. Billie (Papua New Guinea), Mr. Ochiai (Japan)
1st Row
Ms. Lord (LA), Prof. Izumi, Prof. Sakonji, Prof. Tsunoda, Prof. Tada, Ms. Maloney (USA),
Mr. Fowke (UNODC), Director Sakuma, Mr. Roujanavong (Thailand), Deputy Director Ukawa,Prof. Harada, Prof. Wakimoto, Prof. Yoshida, Prof. Yanaka, Mr. Hagiwara (Staff)