Study Guide General Assembly

Preventing human tra!cking in a globalized world and global economy.

MMUN 2013 - General Assembly Topic Guide"

SUMMARY

Role of the Committee ................................................................................ 4

History of the Issue ..................................................................................... 5

Actions taken .............................................................................................. 7

Questions that a resolution should answer ................................................ 10

Bibliography .............................................................................................. 11

MMUN 2013 - General Assembly Topic Guide"

MMUN 2013 - General Assembly Topic Guide"

I. Role of the Committee The United Nations were o!cially on October 24, 1945. The very concept of United Nations - sovereign states working together towards common ends is a powerful one indeed. It is a concept that is most faithfully realized in the General Assembly, as the entity within the UN System that o#ers a voice and a vote to all members of the organization. The GA is not where the power is the most important and e#ective but it is the quintessential world stage. Although the resolutions and declarations adopted by the GA are not legally binding, as they are in the Security Council, they carry weight of world opinion, as well as moral authority of the world community. Article 7 paragraph 1 of the Charter of the UN establishes the GA as one of the UN's six principal organs and Chapter IV enumerates its functions and the procedures that govern the assembly. Among those rules, there are the ones dealing with the eld of potential topics of discussion for the GA, which is very broad. The Charter of the UN species that the "The GA may discuss any question or any matter within the scope of the present Charter". This means that as long as the Charter does not expressly forbid it, the GA may discuss it. Among its various powers and responsibilities enumerated in the Charter, the GA elects the non-permanent members of the Security Council, approves the organizational budget, and functions as the UN's main deliberative body. Deliberation and discussion are central to the United Nations as they work towards achieving the principal aims of world peace and international cooperation to solve global problems. To handle the many issues that the GA is called upon to address, this international body divides its work among dozens of "Boards, Commissions, Committees, Councils and Panels, and Working Groups". However, only six of these subsidiary bodies are designated as Main Committees. These six committees are distinct replicas of the full 193-members GA but they only discuss matters pertaining to a very specic set of issues. Most of the work of the GA takes place in these six committees. All of the UN Member States discuss and debate world problems in the various committees and together try to negotiate a common proposal for a solution, usually in the form of a draft resolution. That draft resolution is then taken up at the GA Plenary for further debate and voting, where it can be adopted or defeated.

MMUN 2013 - General Assembly Topic Guide"

II. History of the issue

Tra!cking in human beings is a widespread transnational phenomenon, which represents the third source of illicit money-making venture1, after weapons and drug tra!cking. This is the reason why a great number of international organizations have recognized the importance of ghting tra!cking in human beings and have decided to cooperate in order to tackle this issue. The United Nations Global Initiative to Fight Human Tra!cking (UN-GIFT) has dened the meaning of human tra!cking in its Protocol on the prevention and protection of women and children; this denition includes Tra!cking 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 of a position of vulnerability or of the giving or receiving of payments or benets 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 other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs"2 The United Nations Convention on the Rights of the Child, adopted in 1989 seeks to protect children from all forms of sexual exploitation and sexual abuse. This obligation extends to sexual exploitation and abuse of children connected to tra!cking in human beings. In addition, in 2000, the UN adopted an Optional Protocol, supplementing the United Nations Convention against Transnational Organized Crime. This Protocol was the rst comprehensive international instrument dealing with tra!cking in human beings. According to the Council of Europe Convention on Action Against Tra!cking in Human Beings, "Tra!cking in human beings" 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 of a position of vulnerability or of the

1 2

Council Of Europe, Council of Europe Convention on Action against Trafficking in Human Beings, 2008

Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, Supplementing The United Nations Convention Against Transnational Organized Crime, Art.3a

MMUN 2013 - General Assembly Topic Guide"

giving or receiving of payments or benets to achieve the consent of a person having control over another person, for the purpose of exploitation.3 Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. A victim is any person who is subject to tra!cking by any if the means specied in the Convention. The consent of a victim to exploitation is irrelevant where any of the means set forth by denition (coercion, fraud, deception) have been used. Tra!cking in human beings is a widespread phenomenon, which produces an increasing number of victims every year. It encompasses human beings used for sexual exploitation or for unpaid illegal labour in farms, sweatshops or private households. According to the International Labour Organization (ILO), over 2.5 million people, mostly women and children, are victims of tra!cking. 4 Tra!cking in human beings has been catalogued as modern slavery and it is seen as an infringement of the rights that every human being should enjoy. It is considered exploitation of vulnerable groups of people. Why is human tra!cking so widespread? Tra!cking in human beings is a multi-billion-dollar form of international organized crime. Recent estimates by the International Labour Organization place its value at USD 31,6 billion each year 5. It is a great business which takes advantage of the social vulnerable groups. In this case vulnerability is a result of economic and social factors, such as gender discrimination, poverty, domestic violence, armed conicts or dysfunctional families. The high amount of prot is one of the main drivers for the establishment of criminal networks that deal with human tra!cking, backed up by an increased demand in cheap labour and sexual services. Migration and tra!cking are strongly interconnected. The desire of people to emigrate may at times end up in being tra!cked. The main reason for migration is the improvement of living standards. Even though tra!cking includes victims of both sexes, women are still more vulnerable mainly because of social, economic and political inequalities that still exist on a

3 4 5

Council of Europe Convention on Action Against Trafficking in Human Beings, Art. 4 (a) ILO Working Paper : Forced Labour and Human Trafficking: Estimating the Profits United Nations Global Compact, Human Trafficking The Facts

MMUN 2013 - General Assembly Topic Guide"

gender basis in a lot of societies. This results in the fact that in most countries worldwide women are faced with discrimination in employment and are prevented from holding important position. Because their social and economic status is lower in their home countries they decide to emigrate and are more prone to becoming part of tra!cking networks.

III. Actions taken

The United Nations Convention against Transnational Organized Crime, adopted through General Assembly Resolution 55/25 (2002) is the rst instrument dealing with tra!cking in human beings and it has three Additional Protocols: Protocol to Prevent, Suppress and Punish Tra!cking in Persons, especially Women and Children; Protocol Against the Smuggling of Migrants by Land, Sea, and Air; and the Protocol Against the Illicit Manufacturing of and Tra!cking in Firearms, their Parts and Components and Ammunition.6 After the entry into force of the Protocols in 2003, the O!ce of the High Commissioner for Human Rights (OHCHR) and the United Nations O!ce on Drugs and Crime (UNODC) started collaborating in order to ensure the proper implementation of the Convention. In 2007, the United Nations Global Initiative to Fight Human Tra!cking (UN-GIFT) was created in order to rea!rm the commitment to the ideas of the United Nations and to enhance implementation of the Convention and its Additional Protocols.7 The international organisms involved in this initiative are: the International Labour Organization (ILO), the UNODC, and the O!ce of the United Nations High Commissioner for Human Rights (OHCHR), the International Organization for Migration (IOM), the United Nations Childrens Fund (UNICEF) and the Organization for Security and Cooperation in Europe (OSCE).

The idea behind UN-GIFT is that the issue with tra!cking in human beings is its global expansion and the fact that no government could ght it on its own. To pave the way for this strategy, stakeholders must coordinate e#orts already underway, increase knowledge and awareness, provide technical

6 7

United Nations, United Nations Convention against Transnational Organized Crime and its Protocols, 2000. United Nations GIFT, About UN.GIFT.

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assistance; promote e#ective rights-based responses; build capacity of state and non-state stakeholders; foster partnerships for joint action; and above all, ensure that everybody takes responsibility for this ght. Thus, the Initiative is focusing on a multi-layered approach that involves di#erent stakeholders, ranging from governments, civil society actors, media and academia in order to develop tools to more e#ectively combating tra!cking. The three main goals of UN-GIFT are: to foster awareness, garner global commitment and action to counter human tra!cking in partnership with these stakeholders, and to assist countries in creating and strengthening support structures for victims of tra!cking.8 Thus, law enforcement agencies are being supported and assisted by the initiative in developing suitable legislation for the ghting, preventing and assisting of victims of human tra!cking. The UNODC is the one providing tool kits, programs, resources and pamphlets created for national law enforcement agencies so that they improve their systems for ghting tra!cking and recognizing and helping victims of tra!cking.9 These are also created in such a manner to help the NGOs involved in ghting tra!cking. The tool kit is designed to help o!cers in stabilizing and controlling human tra!cking situations, but also teaches them how to identify victims and to refer them to specialised agencies or NGOs for medical, psychological social and legal assistance.

The Protocol to Prevent, Suppress and Punish Tra!cking in Persons, Especially Women and Children, was adopted by General Assembly Resolution 55/25 and entered into force on December 25, 2003. It is the rst internationally binding documents that provides for an agreed upon denition of tra!cking in human beings, thus facilitating the creation of mechanisms to identify and h6elp victims and punish perpetrators. The Protocol Against the Smuggling of Migrants by Land, Sea, and Air entered into force on January 28, 2004 and addresses the problem of smuggling of migrants by organized networks of smugglers. This too provides for a denition agreed upon through cooperation. The Protocol Against the Illicit Manufacturing of and Tra!cking in Firearms, Their Parts and Components and Ammunition became enforced on July 3, 2005, and was the rst legally binding piece of legislation on small arms at the international level. It promotes, facilitates and strengthens global cooperation in order to prevent, ght against and cease the illicit fabrication and solicitation of re
8
9

United Nations GIFT, About UN.GIFT. UNODC, Publications, 2011

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arms.10 Signing the Protocol meant that Member States agree upon the transposition into their domestic legislation of a series of measures aimed at controlling crimes. These measures are: the establishment of criminal o#enses related to illegal manufacturing of, and tra!cking in, rearms on the basis of the Protocol requirements and denitions; a system of government authorizations or licensing intended to ensure legitimate manufacturing of, and tra!cking in, rearms; and marking and tracing of rearms.11 The Organization for Security and Cooperation in Europe (OSCE) organized a conference in Vienna in June 2011, on the Prevention of Tra!cking in Human Beings for Labour Exploitation: Decent Work and Social Justice, where the problem or ghting tra!cking requires partnerships and cooperation, how the private sector can be involved for enhanced results and how the problem of refugees and asylum seekers is connected to tra!cking.12 This conference was attended by stakeholders from di#erent sectors, such as government o!cials, NGO representatives, trade unions and law enforcement agencies. The European Union (EU) has also tackled this issue through the Council Framework Decision of 19th of July 2002 on combating tra!cking in human beings and through the EU Directive of 29 April 2004 on the residence permit issued to third-country nationals who are victims of tra!cking in human beings or to third-country nationals who have been the subject of an action to facilitate illegal migration who cooperate with the competent authorities. In 2009, the EU has also issued the Action-Oriented Paper on strengthening the EU external dimension on action against tra!cking in human beings, Towards Global EU Action against Tra!cking in Human Beings. This represents a comprehensive action plan aimed at reducing tra!cking in human beings in the European Union.

10 11 12

UNODC, UNOTC and its Protocols. UNODC, UNOTC and its Protocols. OSCE, Preventing Trafficking in Human Beings for Labour Exploitation: Decent Work and Social Justice, 2011.

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IV. Questions that a resolution should answer How international cooperation should be enhanced to provide for a better tackling of the issue of tra!cking at the international level and which specic policies should be considered? Should there be a common framework that domestic legislation has to follow in order to provide for better safeguards from exploitation? How could the Member States that are not enacting said safeguards in their domestic policies be encouraged to do so? How can UN-GIFT be improved in order for their policy and legislation suggestions to have a bigger impact on the way in which Member States tackle the issue of human tra!cking in all its aspects?

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V. Bibliography

Council of Europe Convention on Action against Tra!cking in Human Beings and its Explanatory Report, Warsaw, 16.V.2005. Retrieved from http://www.conventions.coe.int/Treaty/EN/Reports/Html/197.htm Directive of the European Parliament and of the Council on preventing and combating tra!cking in human beings, and protecting victims, appealing Framework Decision 2002/629/JHA, Brussels, 2010. Retrieved from http://www.europarl.europa.eu/meetdocs/2009_2014/ documents/crim/pr/939/939404/939404en.pdf Feingold, D. (2005). Human Tra!cking. Foreign Policy, 150: 26-32. Human Tra!cking Organization. (2011). U.S Department of State releases 11th annual Tra!cking in Persons Report. Retrieved from http://www.humantra!cking.org/updates/876 International Labour Organization Working Paper : Forced Labour and Human Tra!cking: Estimating the Prots, retrieved from http:// www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/ documents/publication/wcms_081971.pdf O!ce of the High Commissioner on Human Rights. (n.d.). International human rights law. Retrieved from http://www.ohchr.org/EN/ProfessionalInterest/Pages/ InternationalLaw.aspx United Nations O!ce on Drugs and Crime (2010). Smuggling of migrants into, through and from North Africa. Retrieved from http:// www.unodc.org/documents/humantra!cking/ Migrant_smuggling_in_North_Africa_June_2010_ebook_E_09-87293.pd f United Nations Convention Against Transnational Organized Crime and its Protocols. Retrieved from http://www.unodc.org/unodc/en/ treaties/CTOC/index.html

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United Nations Global Compact, Human Tra!cking The Facts, retrieved from http://www.unglobalcompact.org/docs/issues_doc/ labour/Forced_labour/HUMAN_TRAFFICKING_-_THE_FACTS_-_nal.pdf United Nations O!ce on Drugs and Crime. (2011). UNODC on human tra!cking and migrant smuggling. Retrieved from http:// www.unodc.org/unodc/en/human-tra!cking/index.html? ref=menuside United Nations Global Initiative Fighting human Tra!cking. (n.d.). About UN.GIFT. Retrieved from http://www.ungift.org/knowledgehub/en/about/index.html

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