CAN REDUCE THEIR STANDING AS A DESTINATION COUNTRY
Canada is recognized and trusted as a country who will work with all countries towards common good. Past performance as consensus builders and peace makers coupled with implementing strong economic policies that enabled Canada to remain competitive in the recent economic crisis bodes well in bringing issues to the table effecting Canada’s standing as a destination country. Despite the close proximity to the United States of America [USA], Canada is seen as independent and different, a country that can bring solutions and achieve consensus on reducing Canada’s standing as a destination country related …show more content…
to Human Trafficking. It is with that focus that the following position is presented.
Given the positive position that Canada enjoys politically, Canada is in a unique position to offer and carry out a co-ordination role to member nations. Canada can share their expertise in policy development, training material, enforcement initiatives, and information, communications and prevention measures in an effort to address human trafficking worldwide. To carry this out Canada would need to take on a leading role by: 1) enforcing the current laws they have enacted consistently; 2) effecting the trafficker’s ability and intent to use Canada as a destination; 3) supporting a human trafficking coordination center to support information exchange and provide support to victims of human trafficking.
It has been twelve years since the protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children came into effect.
Since that time changes to the legal system have been undertaken; threat risk assessments on human trafficking have been carried out; the new Canadian Human Trafficking Action Plan was unveiled; victims have received confirmation a new Victims Bill of Rights will be drafted; and the mobilization of non-government organizations [NGO’s] have begun meeting to determine protocols on sharing information. Despite past challenges these new initiatives provide an opportunity and fresh start to refocus and take a leadership and coordination role to combat Human …show more content…
Trafficking.
According to the United Nations Office of Drugs & Crime Global Report on Human trafficking 2012 [UNODC 2012], the global perspective of trafficking in persons is difficult to assess because trafficking can originate in any country and conclude in any other country. Human trafficking is unlike any other illicit enterprise such as those of trafficking in drugs or firearms. Opiates or cocaine clearly originate from drug-producing countries like countries that can manufacture firearms. Similarly, if you look at environmental crimes they are restricted to countries where certain natural resources abound. While most other types of trafficking have geographical limitations with respect to sources or destination markets, trafficking in persons does not.1
That lack of geographical boundaries is reflected in the large number of countries affected by trafficking in persons that is supported by documentation of the event. Approximately 460 distinct trafficking flows2 can be identified in the period 2007-2010 and beyond. During that period, victims of 136 different nationalities were detected in 118 countries across the world.
According to the (UNODC, 2012) report it is not possible to categorize countries generally or Canada exclusively as an origin or destination country. With a few exceptions, most countries are both origins of human trafficking towards other destinations as well as destinations for people trafficked from other countries simultaneously3.
The data show that victims tend to be trafficked within the same region domestically or across an adjacent border much more frequently than to other regions. Trafficked victims of Western and Central European countries are almost exclusively detected in Europe. Similarly victims from Canada, USA and Mexico, Central America and the Caribbean, were not frequently detected outside of their region4.
This may be explained largely in terms of convenience and risk minimization for the trafficker and the fact that maintaining a complex trafficking route internationally is both expensive and risky. Given the latest technology innovations and protocols and interdiction partnerships it is logical to assume that these initiatives are having some impact at the border entry points. Increased information sharing and working partnerships appear to have a positive effect.
Despite that regional trend, Canada and specifically North America is experiencing a 27 percent increase in interregional flow of victims from South and East Asia. Worldwide Asian victims only account for seven percent of the detected victims but in terms of diffusion to multiple countries and severity of numbers they represent a significant trend globally.5 Given the influx of legitimate immigrants from South and East Asia annually into Canada, it is reasonable to suggest that victims being trafficked are likely located in the urban centers in Canada having such population representations enabling them to be hidden.
Domestic trafficking accounts for 25 percent of the total numbers of victims detected globally reported by more than 60 of the 83 countries who report nationalities. However in Canada the percentage of cases rose from 19 percent in 2007 to 31 percent in 2010. Similarly a large share of domestic trafficking takes place for the purpose of sexual exploitation of girls between the ages of 14 and 256. Canada and the Americas are in line with the global average of 27 percent 7 involving child victims, however focusing strategies on this specific victims group would likely result in reducing victims. Men represent about 15 percent of the victims detected globally. Percentages from 2003 have remained constant for over a decade8 however in Canada men have not emerged as a victim group.
Other countries providing this type of information have a proportion of women who are prosecuted for trafficking. The participation rate for female traffickers is 12 percent on average9. Although the majority of those prosecuted worldwide are men, trafficking in persons is a crime with a relative high rate of female involvement. The female offending rate related to trafficking is a clear exception to the criminologist taxonomy. Few other crimes record this level of female participation. Given the high rate of involvement by women in trafficking in person’s world -wide, Canada should consider closer attention to the issue.
This has also been shown in other qualitative studies10 as noted within the report referenced below. Trafficking networks also widely use women as recruiters of victims of sexual exploitation, as they may be more easily trusted by other females, who are more vulnerable to this type of trafficking.
Canada’s statistics are non-existent when compared with the rest of the world. Data presented shows that there may be a link between the profiles of the victims and that of offender given the high percentage of victims as females. It has been documented that a correlation exists between the numbers of girls detected as victims and the numbers of women convicted for trafficking in persons11. Focusing on those factors would provide additional information from which to act.
Official statistics on trafficking in persons represent only the tip of the iceberg as criminals generally go to great lengths to prevent the detection of their activities. This means that a large part of the phenomenon remains hidden. The U.S Trafficking in Persons Report (TIP) for 201312contains information from the RCMP indicating that Canada’s law enforcement were involved with only 77 ongoing human trafficking prosecutions, 72 of which were domestic sex trafficking cases. This is reportedly an increase from six in 2012 yet a far cry from expectations from the USA officials. These numbers are woefully under reported according to human trafficking arrests announced by individual police agencies at the Public Safety-National Strategy Summit held in Ottawa, January 29 – 30, 2014. At that summit York and Peel Regional Police alone reported over 800 cases had been investigated in 2013 in their jurisdictions reflecting the need for better coordination and data sharing.
Coordination between the federal and provincial governments on anti-trafficking law enforcement efforts and coordination between local police agencies and the RCMP continue to be a challenge. Comprehensive and accurate statistics on the total number of trafficking victims identified or assisted during the year remains an issue despite reassurances from police and political leaders that information is being adequately assessed. In this report assessments were made on statistics provided through the United States Government and United Nations and supplementary data sources given the inadequate statistics provided by Canada. Improved statistical gathering remains a priority.
To demonstrate the frustration in Canada over data and enforcement activities, Professor Benjamin Perrin a Canadian leader in human trafficking studies and special advisor to the Prime Minister, responds to Canada’s media on police activities on October 15, 2010, “We’ve made the same commitments and been to the same conferences, but Canada has been all talk and no action. We’re just beginning to turn the corner; we’re where other countries were ten years ago. We’ve had a decade of inaction on this and it’s allowed traffickers to profit; we need to make it more risky and less profitable for them.” In the same Globe & Mail article,13 Perrin cites a report from Canada’s Criminal Intelligence Service that estimates domestic sex traffickers earn an average of $280,000 annually from every victim under their control. From April 2007, to April 2009, only about 30 people were charged with human trafficking in Canada; just five have been convicted to date. And their sentences amount to what Perrin aptly calls “a joke.”
As current as March 25, 2014, Perrin’s interview in the CBC Saskatchewan newspaper, he asserts the following about the lack of enforcement, sentencing and coordination, "This suggests that the criminals behind these enterprises are getting away with impunity, profiting lucratively, and we should be extremely concerned that that 's the case." Perrin insisted law enforcement and politicians need to get more serious about this problem, and they need to recognize that much of what 's happening in the sex trade in Canada is in fact trafficking14.
In 2003, preceding the human trafficking legislation a similar issue surrounding the rights of the Child Protocol was being tabled and discussed. Similar criticism was stated by the United Nations committee overseeing the implementation of the protocol. The committee’s concluding observations on the Rights of the Child report for Canada, stated “that a submission of a synthesis report based on both federal and provincial reports would have provided the Committee with a comparative analysis of the implementation of the Convention and a more coordinated and comprehensive picture of the valuable measures adopted by Canada15.” Given this historical approach, Canadian institutions must change and become proactive.
A second major vulnerable group is would-be migrants, who are looking for opportunities abroad, or newly arrived immigrants, who are often without close family, friends or other support networks. Would-be migrants may be too eager to find opportunities abroad to critically assess job advertisements or recruiting firms. Newly arrived immigrants are often under pressure to find work quickly, which may make them more vulnerable to accepting dangerous job offers. Given that Canada is a very multi- cultural society and we have various industries such as farming, agriculture, construction, mining, forestry, domestic labour, wine industry and natural resources, forced labour is emerging as a major issue.
UNODC has reported that the rate of detection of trafficking for forced labour is increasing. The Global Report on Trafficking in Persons of 2009 indicated that the proportion of detected victims who were trafficked for forced labour was about 18 per cent in 2006. That proportion appears to have doubled over the past few years, to 36 per cent of the total number of victims detected in 201016. Given that extensive training initiatives are taking place, global media coverage of sweat shops in the garment industry and catastrophic events resulting in loss of life, it is likely that authorities are now more aware of and have more experience in detecting such, compared with the situation in 2006. UNODC suggests that the recorded increase in the share of trafficking for forced labour likely reflects an enhanced detection capacity rather than a real increase in the crime.
However, the share of victims trafficked for forced labour globally is significant at 44 per cent, indicating that this form of trafficking, as detected, is proportionately higher in the Americas than in Europe and Central Asia. Canada also recorded an increasing number of victims of trafficking for forced labour involving foreign nationals, although the 2010 Royal Canadian Mounted Police risk assessment identified trafficking for sexual exploitation as the prevailing type of trafficking in persons in the country.
The Government of Canada demonstrated progress in law enforcement actions against human traffickers last year, securing the convictions of five offenders under specific human trafficking provisions of the Criminal Code.
However, NGOs criticize the government’s law enforcement investigation efforts for not being proactive, particularly in terms of searching for victims and trafficking activity, especially in the labour exploitation context.
Given the fact that many foreign victims appear to enter Canada legally and are seldom identified when passing through immigration the potential for intercepting these victims could increase with notice boards, secure and private interview rooms that immigration and border services could interact with in private. These could be promoted on airlines and other transportation sites in addition to the border locations or airports. Similar programs have been initiated in the UAE and other European countries with positive results.
Moreover, Canada’s law enforcement efforts reportedly suffer from a lack of coordination between the national government, provincial and local authorities, which prosecutes most human trafficking cases so improving coordination of the various levels remains a
priority.
The irregular migration status of some migrants in their country of destination aggravates their vulnerability, as they are often afraid or reluctant to contact local authorities. Also, movement particularly when it involves the crossing of borders can create vulnerability to trafficking when those with restricted access to destination countries seek help from traffickers to cross borders with fraudulent documents or through other dishonest measures.
Documented within the RCMP’s risk assessment17 is a recommendation to improve regulations that are lacking to ensure fair business practices exist. The regulations require updating ensuring legitimacy of third party companies that lease or recruit foreign workers on behalf of Canadian employers is maintained. Some of these businesses were found to have manipulated the federal Temporary Foreign Worker Program through misrepresentation and fraud for financial gain. The inspection capacity for these programs has been identified as an issue through summits and conferences during the past two years. Interestingly, the current program was suspended this date, 25 April 2014 for suspected fraud.
Collecting more accurate data would thus not only foster a greater understanding of the dynamics of trafficking in persons but also enhance international efforts to prevent it through solid, evidence-based policies. The information known to date is only the tip of the iceberg.
While the size of the iceberg will remain unknown, it is possible to obtain an understanding of its shape and characteristics by analysing the visible tip. Accessing and analyzing information concerning cases officially detected by the RCMP, NGO’s, municipal policing agencies, border services agents, and victims would be helpful if, in conjunction with a rigorous analysis of any statistical bias affecting these cases, it will be possible to discern the main human trafficking patterns and flows in Canada. At this point, it will not be possible to draw solid conclusions regarding the dimension of the problem.
A proposal through the International Police Training Institute [IPTI] supported by the FBI National Academy Associates [FBINAA] alumni a membership of eighteen thousand law enforcement personnel has been made to embark on an initiative to standardize data collection across the globe and determine the configuration of a coordination center as it relates to human trafficking. The inaugural summit held in Ottawa, November 2013, was supported by the Canadian and United States Government, RCMP, Homeland Security, FBI, Municipal, Provincial and State Police agencies, NGO’s and victim support groups. These attendees travelled from around the globe. The focus of the summit was to assess the gaps in human trafficking investigations through the collection and sharing of data, interoperability including NGO and government partners including private industry. The goal to establish a blue print for a global coordination center was validated and five working groups emerged following three days of facilitated meetings and discussions. These five groups are currently reviewing mandates, processes, milestones, including research on information sharing, data requirements in general including format and privacy issues, training, enforcement information and services required to support victims of human trafficking.
Phase two will continue during November 2014, in Charlestown, West Virginia, to build upon the current strategy and workshop requirements. A statement within the “Together Lets Stop Traffick” web site and marketing material sets out a simple goal. “Member states may be united in definition, and some countries armed with legally-binding instruments from the UN engaged in strategies, however most remain years away from a cohesive approach which weaves together the requisite multiple partners and agencies to effectively co-ordinate anti-trafficking activities.”
“The existence of trans-national crime coupled with the ceaseless demands of the sex trade industry; black market sales of human organs and cheap labour markets (“sweat shops”) can be tackled through social awareness, mobilization of community and government agencies, legislation and law enforcement training, and by engaging with the general public.”
“Solutions and intelligence can be co-ordinated within a worldwide nerve centre adequately funded and resourced, and supported by trained analysts with leading edge technology.”
Canada’s leading government official, Joy Smith MP for Winnipeg, has been an advocate against human trafficking and has been instrumental in bringing a voice to the legislative floor and to victim advocates. Her initial document “Connect the Dots”18 outlined the basic strategy and initiative to strengthen Canada’s criminal justice response and garner support for Canada’s Action plan to combat Human Trafficking19.
Solving the persistent knowledge crisis with regard to trafficking in persons requires significant progress to maintain momentum and commitment. Two major challenges exist in Canada and globally. I borrow the two issues set out in the UNODC -2012 global report20. “First, the still relatively weak criminal justice response to this crime continues to limit the explanatory power of reports emerging from law enforcement sources. Secondly, the absence of a standardized and widely accepted methodology hampers estimations of the real number of victims (detected and undetected).”
Canada is recognized by the UNODC as a partner in the fight against human trafficking. The USA through its Trafficking in Persons report [TIP] reinforces a number of priorities that Canada needs to continue in fighting trafficking. They summarize that Canada continue to intensify efforts to investigate and prosecute trafficking offenses, and convict and sentence trafficking offenders using anti-trafficking laws; enhance specialized care services available to trafficking victims in partnership with civil society and through dedicated funding; increase use of proactive law enforcement techniques to investigate trafficking cases, including allegations of forced labour; amplify efforts to educate officials working in law enforcement, immigration, the justice sector, health care, and social work about human trafficking; continue to strengthen interagency coordination; establish formal mechanisms for officials to identify trafficking victims and refer them to protection services; increase investigations and prosecutions of Canadian child sex tourists abroad; continue efforts to improve trafficking data collection, particularly regarding victim identification and assistance; and strengthen coordination among national and provincial governments on law enforcement and victim services.
All of these recommendations have been identified and are before Public Safety Canada in its stewardship of the new Canadian human trafficking strategy. A development summit held in January 2014, took stock of the issues and recommendations from all sectors and will continue to identify and implement these strategies.
During the past twelve months the criminal code was amended to further define exploitation in the context of trafficking offenses given there was a concern the previous definition was too restrictive. Current sections of Canada’s criminal code prescribe stringent penalties ranging from single terms to imprisonment for life. There exists a five-year mandatory minimum sentence for trafficking of children. Amendments authorize the government to prosecute Canadian citizens or Canadian permanent residents for trafficking offenses they commit abroad. Canada’s Immigration and Refugee Protection Act prohibits transnational human trafficking, prescribing a maximum penitentiary penalty and the equivalent of approximately a $1 million fine. It is apparent that the government has listened and provided the necessary legal offenses to be utilized regionally.
Canada is identified as a source of child sex tourists, and as a result the Canadian parliament has put into place laws that prohibit its citizens from engaging in child sex tourism which has extraterritorial application and carries penalties of up to 14 years’ imprisonment.
On February 4, 2014, the Minister of Justice announced the Government of Canada’s intention to move forward with legislation to create a Victims Bill of Rights21. Victim groups supported by the Federal and Provincial Ombudsman for victim rights will work together to create this important Bill. Coupled with that Bill is the active mobilization of national victim advocacy and support groups. These groups have joined together to form an alliance and are committed to building a coordination center for Canadian Victims. They are aligned with the International Police training Institutes Human Trafficking coordination center project as active participants.
In summary Canada is recognized and trusted as a country who will work with all countries towards addressing and leading a human trafficking approach. Despite having a negative image of past practices and delayed time frames for implementing past strategies, Canada is currently seen as a country that has changed and progressing towards solutions that will address human trafficking. The progression and alignment is consistent with the European Union’s new human trafficking strategy of 2013, as well as supportive of the countries operating under the protocol of the United Nations. Canada is forging new partnerships and coordination roles that are viewed by many member states as positive.
Given the positive position that Canada currently enjoys politically, Canada is in a unique position to develop multi-country funding solutions such as the tri-country (France, Brazil, Canada) crime prevention funded model currently in place. A similar model could form a solution for funding the global coordination center. They are sharing training material, enforcement initiatives, information, communications and preventative measures in an effort to prevent human trafficking from taking place.
Since the protocol to Prevent, Suppress and Punish Trafficking in Persons was agreed upon in the early 2000’s, Canada’s human trafficking action plan is underway. These initiatives provide an opportunity and new starting position to refocus and take a leadership and coordination role to combat human trafficking and replace Canada’s position as a destination country to one that has no tolerance for this crime.
References
Government of Canada, Ministry of Justice. (2014, March). Framework for the Victim Rights Bill. Retrieved from Government of Canada, Ministry of Justice website: http://www.justice.gc.ca/eng/cj-jp/victims-victimes/vrights-droitsv/discuss-consult.html
Government of Canada, Public Safety. (2012). National Action Plan to Combat Human Trafficking coordinated by Public Safety Canada. Retrieved from Government of Canada, Public Safety Ministry website: http://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/ntnl-ctn-pln-cmbt/ntnl-ctn- pln-cmbt-eng.pdf.
Leo, G. (2014, March 25). Human trafficking law nets few offenders. CBC News Saskatchewan. Retrieved from http://www.cbc.ca/news/canada/saskatchewan/human-trafficking-law-nets-few- offenders-1.2585758. Overview of comments made by Professor Benjamin Perrin UBC and special advisor to Prime Minister on Human Trafficking.
RCMP. (2010, September 13). Threat Risk Assessment on Human Trafficking, Project Seclusion for Canada. Retrieved from RCMP web Site: http://www.rcmp-grc.gc.ca/pubs/ht-tp/htta-tpem- eng.htm
Sher, J. (2010, October 15). Sex trafficking: A national disgrace. The Globe and Mail. Retrieved from http://www.theglobeandmail.com/arts/books-and-media/invisible-chains-canadas- underground-world-of-human-trafficking-by-benjamin-perrin/article1215201/
Smith, J. (2007). Connect the Dots. Retrieved from http://www.joysmith.ca/assets/final%20- %20proposal%20for%20a%20national%20action%20plan%20to%20combat%20human%20traffi cking%20-%20sept%202010.pdf
United Nations. (2003). The National Plan of Action for Children U.N. 2003.Retrieved from http://www1.umn.edu/humanrts/crc/canada2003.html Concluding Observations of the Committee on the Rights of the Child, Canada, U.N. Doc. CRC/C/15/Add.215 (2003).
United Nations Office of Drugs and Crime. (2012, December). Global Report on Trafficking in Persons 2012 (United Nations publication, Sales No. E.13.IV.1) [PDF]. Retrieved from UNODC website: http://www.unodc.org/documents/data-and- analysis/glotip/Trafficking_in_Persons_2012_web.pdf. Citing at p.30 International Organization for Migration, Deceived Migrants from Tajikistan: A Study of Trafficking in Women and Children (Dushanbe, 2001); T. Denisova, [“Trafficking in Women and Children for Purposes of Sexual Exploitation”] United Nations Office on Drugs and Crime, An Assessment of Referral Practices to Assist and Protect the Rights of Trafficked Persons in Moldova; R. Surtees, “Traffickers and trafficking in Southern and Eastern Europe”, the European Journal of Criminology, Volume 5 (1): 39-68 (2008); United Nations Interregional Crime and Justice Research Institute, Trafficking in Women from Romania into Germany: Comprehensive Report.
United Nations Office of Drugs and Crime. (2012, December). Global Report on Trafficking in Persons 2012 (United Nations publication, Sales No. E.13.IV.1) [PDF]. Retrieved from UNODC website: http://www.unodc.org/documents/data-and- analysis/glotip/Trafficking_in_Persons_2012_web.pdf. p.27, 29, 37, 40, 41, 49, 50, 51, 80
US State Department. (2013, June). Trafficking in Persons Report 2013: Country narratives A-C [PDF]. Retrieved from United States State Department website: http://www.state.gov/documents/organization/210738.pdf/p.120-122