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No safe harbour: lifting the lid on a misunderstood trafficking crime

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photo © UNICEF/Noorani

The crime of harbouring, in which victims of human trafficking are accommodated or forced to stay in a specific location, is not universally understood by courts around the world. A new UN study aims to address that issue, and improve protection for victims.

A journey of exploitation

Harbouring is one of five actions that constitute an ‘act’ in the internationally recognised definition of human trafficking, and is often used by prosecutors and judges for convictions of this crime.

The act can take place before and during exploitation, or between periods of abuse, encompassing a wide variety of settings, including brothels, private homes, factories, farms, or fishing vessels.

These locations can be dangerous, inhumane and unsanitary, and cn be controlled by criminals involved in the trafficking network.  

In another case, victims who had been brought from Thailand to Australia were harboured during transit and at the place of exploitation: while being transported the victims were accommodated in hotels and accompanied by minders.

Once they were received by the offenders, the victims were either accommodated in the brothel where they were forced to work, or alternatively stayed at the offenders’ house, and were transported to and from the brothel each day.

Trafficking victims can also be subjected to harbouring once they arrive at the place of exploitation. In a case from the Dominican Republic, the offenders, a married couple, recruited a Chinese national to work in their business.

They promised to pay her and provide her with food. Instead, she was not paid, forced into domestic servitude and subjected to abuse.

A misunderstood concept

However, a new publication from the UN Office on Drugs and Crime (UNODC) has found that there is neither a uniform understanding of the act of harbouring, nor a consistent approach to this concept during court proceedings.

“Harbouring is one of the most frequent acts when committing human trafficking, but the concept is not interpreted in the same way throughout the world,” says Martin Hemmi, the UNODC expert who led the study. 

“Some countries require the victims to be concealed or moved between locations for harbouring to be considered as an act of human trafficking. Others stipulate a minimum amount of time for the harbouring process,” adds Mr. Hemmi. “It is important to fully understand the concept to get justice for victims of this crime.”

The language barrier

Further findings show there are different meanings of the word ‘harbouring’ in the various language versions of the UN Trafficking in Persons Protocol,  which is the world’s primary legal instrument to combat this crime.

In French and Arabic, the word used for harbouring has a positive connotation in the sense of hosting, while in English, Chinese and Russian, it can be perceived as having a negative meaning in the sense of hiding or concealing.

“Due to these discrepancies, the same conduct is considered human trafficking in one country but not necessarily in another,” says Mr. Hemmi.  

“This has wide consequences. For the perpetrator, it can have an effect on the sentence. For the victim, it has an impact on rights and protection measures. For the courts, it can hamper requests for legal assistance and international cooperation.” 

Wherever and however it occurs, harbouring with the intent of exploitation is an act of human trafficking and a violation of the victim’s rights and dignity, says Martin Hemmi.  

“We hope that our new study will be used by investigators, prosecutors and judges to lead to a better understanding of this terrible crime and support measures to effectively protect victims and punish traffickers,” he concludes.

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Human Rights

Women and girls at high risk of being pushed into modern slavery

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At an age when children should be in school, millions are engaged in work that is potentially harmful to their health. © UNICEF/Simon Lister

Women and children are at high risk of being pushed into contemporary forms of slavery, UN-appointed independent rights experts said on Wednesday.   

In an alert to coincide with the International Day for the Abolition of Slavery on 2 December, they warned that global challenges such as COVID-19, climate change and armed conflict have amplified existing vulnerabilities.  

According to figures released by UNICEF and ILO in June, almost 80 million children aged 5 to 17, are subjected to hazardous work which is classified as a contemporary form of slavery. 

Now, according to the experts, these children may be working longer hours or under worsening conditions as a result of the economic recession and school closures caused by the pandemic.   

Many others may have been forced into the worst forms of child labour, owing to job and income losses among their families.  This includes the forced recruitment of youngsters into armed and criminal groups. 

Women and girls 

According to unofficial estimates cited by the experts, one in every 130 women and girls is subjected to contemporary forms of slavery such as child and forced marriage, domestic servitude, forced labour and debt bondage. 

High levels of exploitation also prevail in global supply chains, which often rely on and reinforce labour exploitation and deepen gender inequality”, the experts said.  

They argue that “gender inequalities lie at the heart of contemporary forms of slavery”, but note that these practices are also fuelled by intersecting forms of discrimination, such as race, social and economic status, age, disability, sexual orientation, and migration status, among others.  

The experts urge Member States to establish safe migration pathways, along with easier access to decent work and more cooperation with the business sector, civil society organisations and trade unions.   

For them, “accountability of perpetrators must be strengthened as a matter of priority, as currently impunity prevails in far too many instances.” 

“Slavery in all its forms needs to end for everyone, including women and children in contexts of armed conflict. Slavery is a disgrace to humanity which in the 21st century cannot be tolerated”, they conclude.  

This year marks the 30th anniversary of the UN Voluntary Trust Fund on Contemporary Forms of Slavery. This year alone, 18,000 victims received vital assistance from organizations supported by the Fund. 

To mark the International Day for the Abolition of Slavery, the experts appeal to all Member States to increase their contribution to the Fund, or to make one for the first time. 

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. They work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.  

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Human Rights

Workers with HIV-AIDS continue to face stigma, discrimination

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“Myths and misconceptions” about HIV and AIDS continue to fuel stigma and discrimination in the workplace, the International Labour Organization (ILO) said on Tuesday. 

Despite some improvement in people’s tolerance to the disease in the more than 40 years since the AIDS epidemic began, a survey of 55,000 people in 50 countries found that only one in two people knew that HIV cannot be transmitted by sharing a bathroom. 

“It is shocking that, 40 years into the HIV and AIDS epidemic, myths and misconceptions are still so widespread,” said Chidi King, head of ILO’s Gender, Equality, Diversity and Inclusion Branch.

Wake-up call 

A lack of basic facts about how HIV is transmitted is fuelling stigma and discrimination. This survey is a wake-up call to reinvigorate HIV prevention and education programmes; the world of work has a key role to play.” 

Stigma and discrimination in the workplace marginalize people, pushing those with HIV into poverty, Ms. King maintained. 

Working with opinion poll company Gallup, the ILO Global HIV Discrimination in the World of Work Survey reveals that discriminatory attitudes are fuelled by a lack of knowledge about HIV transmission. 

At the end of 2020, approximately 38 million people globally were living with HIV, with 1.5 million newly infected that year, and approximately 680,000 people dying from AIDS- related illnesses, according to the survey. Despite progress made on combating stigma, the coronavirus pandemic has exacerbated the situation. 

Care burdens 

“The COVID-19 pandemic has certainly pushed back some of the efforts, some of the progress that had been made towards eradicating HIV, and there is an even more urgent need now to double those efforts,” Ms. King said. 

“In terms of the impact on people affected by HIV, not only people living with HIV but people who may be looking after somebody with HIV…care burdens have increased during the pandemic due to the non-availability of certain services, therefore seeing a disproportionate impact in relation to women in particular, and in some instances, girls as well.” 

Asia and Pacific in spotlight 

The survey noted that the lowest tolerance for working directly with people with HIV was found in Asia and the Pacific, followed by the Middle East and North Africa. 

The regions with the most positive attitudes were Eastern and Southern Africa, where almost 90 per cent of respondents said they would be comfortable working directly with people with HIV. 

Higher educational levels were also associated with positive attitudes towards working with those living with HIV

The report also offered a number of recommendations, including implementation of HIV programmes to increase awareness of modes of transmission and to improving the legal and policy environment around HIV to protect rights of workers. 

“The workplace has a key role in this education,” Ms. King told journalists in Geneva. “Workers and employers certainly have a role to play. Social dialogue is a key mechanism through which they can craft policies and materials and products in order to raise awareness, ensuring that recruitment policies do not discriminate against people with HIV/AIDS. Governments also have a role to play in terms of broader engagement.” 

Confronting inequalities and ending discrimination is critical to ending AIDS, the report said, particularly during the ongoing COVID pandemic.  

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Human Rights

Russian mining giant builds new settlement for indigenous peoples

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The FPIC procedure, first used in Russia by the Norilsk Nickel mining company, has entered a new stage. A second round of consultations with residents of the Arctic workers’ village of Tukhard (in the Taimyr Dolgano-Nenets District of the Krasnoyarsk Territory) took place. The company reported in a press release.

In October 2021, it was reported that FPIC procedure was started.

At the gathering of residents in the framework of the second round, the issues of consent of the residents of the village to the procedure for obtaining FPIC, as well as the formation of a body for making collective decisions of the residents of Tukhard (Council of Representatives) were brought up. The gathering was attended by 78 residents of the village and tundra reindeer herders.

Tukhard was established as a temporary residence for shift workers producing gas in the area in 1970th, and the development of the village did not provide for the creation of any infrastructure. Due to the lack of possible infrastructure development, taking care of the quality of life, safety and health, the company operating in this region – Norilsk Nickel, offered residents the opportunity to choose a better option for life.

Independent international experts invited by the organizer of the procedure, the Interregional Public Organization for the Protection of the Rights of Indigenous Peoples “KMNSOYUZ”, took part in the meetings with residents. Among them are Alexey Tsykarev, a member of the UN Permanent Forum on Indigenous Issues, Corporate Advisor to the World Bank on Indigenous Issues, author of the current World Bank policies on indigenous peoples’ rights Navin K. Rai, lawyers in the field of protecting the rights of indigenous peoples of the Russian Federation Mikhail Todyshev and Antonina Gorbunova. The procedure was advised by the UN Special Rapporteur on the Rights of Indigenous Peoples, Professor James Anaya and other experts.

Dr. Navin Rai, who is visiting the Taimyr Peninsula as an Independent Expert for drafting the Indigenous Peoples Policy, noted that “the indigenous peoples of Tukhard, including those families who practice reindeer herding in the tundra, are currently negotiating with the Norilsk Nickel Company the specific parameters for the proposed physical relocation.” He underlined that “the principle of Free, Prior and Informed Consent (FPIC) requires that these indigenous peoples have the right to say “no.” However, the result of the negotiations may result in an outcome that is acceptable to both the indigenous peoples and the Company.”

During the gathering, a Council of representatives of the inhabitants of the village of Tukhard was formed, consisting of 7 people. It included both those who in the future wish to move to other settlements, and those who wish to continue their life in Tukhard. The Council also includes reindeer herders who live on a permanent basis in the tundra. Taking into account the interests of reindeer herders who are registered in Tukhard but do not have a permanent place of residence in the village is one of the main requirements of international experts.

The next round of FPIC negotiations is expected in the first quarter of 2022.

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