Identification and self-identification of trafficked persons

1
Identification and self-identification of
trafficked persons

• Dr. Norbert Cyrus
• Hamburger Institute for Social Research
• Norbert.cyrus_at_his-online.de

2
Background

• Dr. Norbert Cyrus
• Trained Social Cultural Anthropologist
• Senior Researcher at Hamburg Institute for Social
  Research

• Selected publications
• Trafficking for Labour and Sexual Exploitation in
  Germany. Study prepared for ILO, Geneva ILO 2005
• Social Working of Criminal Law on Trafficking and
  Smuggling in Human Beings in Germany, in
  Minderhoud, P. Guild, E. (eds.), Immigration
  and Criminal Law in the European Union The Legal
  Measures and Social Consequences of Criminal Law
  in Member States on Trafficking and Smuggling in
  Human Beings, The Hague 2006 Martinus Nijhoff
  Publisher 113-139

3
Sociology of Law perspective

• UNTOC with Palermo protocol created new awareness
  of transnational crimes including trafficking
• Ratification of UNTOC creates obligations for
  nation states
• Introduction of National Referral Mechanism
  serves the purpose to match the obligations
• Requirement to implement the UNTOC in law and
  institutions
• Focus on state and criminal law
• UNTOC context implies the focus on crime
  prevention and crime persecution
• Main actors are state authorities, few civil
  society actors are included as auxiliary actors,
  wider civil society and trafficked persons not
  considered as actors

4
Dimensions of efforts to combat trafficking in
human beings

• Identification of victims is the basic NRM
  requirement
• Intensive debates and practical manuals
• Implicit presumptions and blind spots in this
  debate
• Sexual exploitation - labour exploitation
• Incoming trafficked persons outgoing trafficked
  persons
• Foreign trafficked persons - own nationals
• Actions in country of destination country of
  origin
• Static situation dynamic process
• Over-generalization of images (passive victim)
  self-perception as active and self-reliable
• Rescue from trafficking situation - empowerment
• Top down enforcement bottom up implementation
• Identification self-identification of victims
  (adoptation of self-image to be a victim of
  trafficking)

5
Victim status

• Treatment of trafficked persons depends on
  identification - the granting or refusal of a
  victim status
• Suspect offender against immigration law, as
  accomplice offender against labour and social law
  (undeclared employment, tax evasion, social
  contribution fraud job thieves)
• Trafficked persons treated as person forced into
  labour or/and sexual exploitation when they
  comply with objective definition
• Objective and subjective definition
• Objective (legal) definition on the basis of
  indicators
• Subjective definition depends on the self-image
  of trafficked persons
• Subjective adoption is crucial for success of law
  enforcement
• Acceptance of offered assistance
• Witness in investigations and court hearings
• Reluctance to adopt self-image as a trafficked
  person
• Many obstacles
• Hardly any incentives to adopt offered victim
  status

6
Identification Top down enforcement

• Identification implies a special distribution of
  roles
• Trafficked persons helpless, suppressed,
  surveilled by traffickers
• Trafficked persons need to be rescued by active
  law enforcement and civil society actors who
  render victim status
• Criminal investigation and court hearing in the
  centre
• NRM-Output
• Top down law enforcement identifies only share of
  trafficked persons
• Trafficked persons also contacted via outreac or
  advice centre
• This observation indicates a particular level of
  activism and awareness on the side of trafficked
  persons
• Top down identification with conditions
• Trafficked persons have to comply to the
  objective definition
• Trafficked persons have to accept conditions
  linked with victim status
• Trafficked persons are expected to return to a
  situation they have tried to escape from
• What happens to exploited peoples not identified?

7
Self-identification bottom up implementation

• Migrants become victims of trafficking (process
  of submission) - continuum
• Clear message unlawful exploitation is not
  accepted
• Non-harmful treatment - reduce or abolish the
  offence irregular entry
• Support from NGOs, migrant organisations, social
  partners
• Support for civil procedures against exploitative
  employers
• Providing Incentives Unconditional support
• Compensation for victims of crime
• Granting of a (temporary) residence permit with
  permission to work
• Assistance for people in need
• Proactive information strategies
• Approaching people at everyday places (churches,
  pubs)
• Spreading good practices Court hearings and
  payment of compensation
• Making sure that the compensation is really paid
  (fund fed with fines from traffickers)
• Overall target to reduce the incentives and to
  increase the risk for traffickers through
  empowerment of migrants