12 December, 2014 (Date Pending)

 

This section defines key terms/concepts used throughout this toolkit. Although terms such as “trafficking” are fully defined in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (“Palermo Protocol”), not all nations have adopted this definition. The interpretation of the term “trafficking” is often fraught with misunderstanding such as the only form of trafficking is for prostitution. For many prostitution amounts to human trafficking. In Hong Kong, for example, trafficking is linked with prostitution and movement to and from Hong Kong. This is not in keeping with international standards and the international thinking on this issue. The essence of trafficking is exploitation not movement. It is therefore important to understand these terms and concepts as defined under international standards and examine the characteristics they display in practice.

 
Trafficking In Persons

 
“Trafficking in persons” is defined by the Palermo Protocol as:
(a) 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 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 other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

 
(b) 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;

 
This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 5 of this Protocol, where those offences are transnational in nature and involve an organized criminal group, as well as to the protection of victims of such offences.

 
(Palermo Protocol arts. 3 and 4)

 
The Palermo Protocol describes

 

  • the act of trafficking:

 

1. recruitment (can take place in formal and informal ways. Formal ways are through registered or illegal agencies. Informal ways are family, community members, or any other intermediary);
2. transportation (physical movement of victims to an unfamiliar place, far from home and under the control of the traffickers);1
3. transfer (any kind of handing over or transmission of a person to another person);
4. harbouring (accommodating or housing persons whether during their journey or at the place of exploitation); or

5. receipt of persons (meeting victims at agreed places on their journey to give them further information).2

 

 

  • the means of trafficking:

 

1. threat of force or other forms of coercion;
2. use of force or other forms of coercion;
3. abduction;
4. fraud;
5. deception;
6. abuse of power or a position of vulnerability; or
7. the giving or receiving of payments or benefits to achieve the consent of a person having control over another person.

 

 

  • the purpose of trafficking: exploitation
  • the scope of trafficking: the prevention, investigation and prosecution of the offences where such offences are transnational in nature and involve an organized criminal group, as well as the protection of victims of such offences.

 
The Palermo Protocol also defines, at a minimum, what exploitation means:

 

  • 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.

 
I. Exploitation Of The Prostitution Of Others Or Other Forms Of Sexual Exploitation

 
The Palermo Protocol does not define these concepts. However, other international documents and national penal codes define acts of sexual exploitation. Although prostitution per se is not illegal in Hong Kong, numerous acts relating to sexual crimes are penalized pursuant to the Crimes Ordinance:

 
§. 129 Trafficking in persons to or from Hong Kong for the purpose of prostitution
§. 130 Control over persons for purpose of unlawful sexual intercourse or prostitution
§. 131 Causing prostitution
§. 132 Procurement of girl under 21
§. 133 Procurement of mentally incapacitated person
§. 134 Detention for intercourse or in vice establishment
§. 136 Causing or encouraging prostitution of mentally incapacitated person
§. 142 Permitting mentally incapacitated person to resort to or be on premises or vessel for intercourse, prostitution or homosexual act

 
II. Forced Labour Or Services

 
The International Labour Organization’s (ILO) Convention No. 29 defines forced labour as:

 
1 (…)forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

 
2 (…)the term forced or compulsory labour shall not include– 

 

(a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character;

(b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;

(c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations;

(d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;

(e) minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services.

(ILO Convention, art. 2)

 
Evidence of menace of penalty includes: physical violence against the worker or their family or close associate, sexual violence, threat of supernatural retaliation, imprisonment or physical confinement, financial penalties, denunciation to police or immigration authorities and deportation, dismissal from current employment, exclusion from future employment, exclusion from community and social life, removal of rights of privileges, deprivation of food, shelter or other necessities, shift to even worse working conditions, and loss of social status.3 However, the prohibition of forced labour is not absolute as the ILO Convention permits certain forms of forced labour (ILO Convention art. 2.2).

 
Slavery always involves forced labour whereas forced labour may exist without slavery (i.e. without the ownership element).

 
In 2012, the ILO contended that 18.7 million victims, or 90 percent of the estimated 20.9 million slaves, are trapped and exploited in the private sector, with 14.2 million of these forced into economic activities such as agriculture, fishing, construction, manufacturing, or domestic work.4

 
Many tactics are used to keep workers in states of entrapment along the migration route, from the point of recruitment, all the way to their destinations. Often they are required to surrender their passports, face threats of deportation and harassment and must pay a penalty fee if they wish to end their contracts early. Exploitation frequently starts at the recruitment stage. The often illegal recruitment fees charged to prospective workers for job placement, combined with interest on loans and lower than promised wages, can mean workers essentially end up working for free.

 

 

Many workers take loans to pay for travel and other employment agency fees before starting jobs. Workers who acquire this type of debt, frequently under false pretences, are bound in exploitative situations even where they are physically able to leave.

 
It is through this dangerous combination of false promises, debt, and abusive working conditions that some workers find themselves in situations of extreme exploitation and forced labour.5

 
III. Slavery Or Practices Similar To Slavery

 
Slavery

 
According to the United Nations’ description:

 
(1) Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.

 
(Slavery Convention art. 1(1))

 
The prohibition on slavery is absolute without any exception.

 
Practices Similar To Slavery

 
Practices similar to slavery are debt bondage, serfdom, forced marriage and delivery of a child for the exploitation of that child under The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.

 
Under Article 1 of the above mentioned Convention, debt bondage is

 
(a)(…) the status or condition arising from a pledge by a debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

 
Debt bondage generally consists of an artificial debt that cannot be paid off in a reasonable time. The employer/enforcer who engages in this criminal practice artificially inflates the amount of debt, often by adding exorbitant interest, deducting little or nothing from the debt and increasing the amount of time the so called debtor must work.6

 
The ILO estimates the vast majority of all slaves are forced into labour within the private sector. Therefore, private sector industries must seek an understanding of the characteristics and experiences of those categories of people who are especially vulnerable to this type of exploitation, the specific patterns within which human trafficking networks operate, and the means they employ to trap workers, such as debt, contract fraud, false promises, and a lack of recourse for workers.7

 
IV. Servitude

 
Involuntary domestic servitude is a form of human trafficking found in unique circumstances, an informal work in a private residence which creates unique vulnerabilities for victims. Domestic workplaces are informal, connected to off-duty living quarters, and often not shared with other workers. Such an environment can isolate domestic workers and be conducive to exploitation as authorities cannot inspect homes as easily as they can in comparison to formal workplaces. Investigators and service providers report many cases of untreated illnesses and, tragically, widespread sexual abuse, which in some cases may be symptoms of a situation of involuntary servitude.8

 

 
“Red flags” are markers associated with tactics used by labour brokers and downstream employers to trap workers or maintain them in bondage. These include situations where:

 

  • Identification documents, passports, or other valuable personal possessions are confiscated or withheld;
  • Excessive, unexplained, or illegal deductions are made from workers’ salaries that result in induced indebtedness;
  • Wages (regular or overtime) are withheld, delayed, or unpaid;
  • Workers do not have control over their bank accounts;
  • Workers are forced to lodge financial deposits or “security” fees, e.g., as “runaway insurance”;
  • Workers are being threatened, harassed, or suffering corporal punishment;
  • Freedom of movement is curtailed, especially in migrant workers’ housing;
  • Workers are unable to terminate their employment without incurring significant financial penalties;
  • Workers are required to assume the cost of repatriation under all circumstances;
  • Contract substitution is practiced (such as requiring the worker to sign a new contract specifying lower wages, higher charges for housing, or otherwise less favourable working conditions).9

 
With training and help from expertise auditors, corporate social responsibility staff and other supply chain management staff may be better equipped to recognize the “red flags”.

 
Child Trafficking

 
General Situation

 
The ILO estimates that 215 million boys and girls are engaged in child labour around the world. 115 million of these children are exposed to its worst forms.10 Child trafficking is considered to be the “worst form of child labour.”

 
Child victims of trafficking can move in a voluntary manner or be accompanied by other children or adults. Children can be trafficked internally or across borders for a variety of exploitative purposes such as sexual exploitation including sex tourism, prostitution, pornography or for forced labor in factories, domestic servitude, and begging rings.

 
Children who have been trafficked are in a particularly vulnerable situation as they are away from home, usually separated from their family and community. They may also be isolated in a country or region where they do not know the language, cannot get help and have no way to return to their home. Such isolation makes children vulnerable to trafficking and/or many other forms of abuse. Trafficked children are totally at the mercy of their employers or the people who are controlling their lives and hence are at risk of sexual aggression, starvation, loss of liberty, beatings and other forms of violence.11

 

 
While both boys and girls may fall prey to human traffickers, the profiles of the trafficked children differ according to demand in the place of destination. This profile may also change as the child matures. For example, in some regions both boys and girls are trafficked from rural or semi-urban areas into ‘big cities’ to work as child domestic labourers. Boys, however, tend to move on from domestic labour as they approach adolescence and may end up being exploited in agriculture, manufacturing or service industries. Girls are more likely to stay in child domestic labour situations for longer. Though statistics show that it is mostly women and girls who fall victim to sex trafficking, it is important to note that boys and young men are also vulnerable to trafficking for sexual exploitation.12

 
Control methods used in child trafficking are similar to those used for trafficking adults: physical violence, sexual abuse, threats to the child and/or family, withholding identity documents, drugs and alcohol. Children are particularly vulnerable to trafficking as they are less able to distinguish right from wrong and defend themselves when faced with a dangerous situation.

 
The Palermo Protocol identifies child trafficking as a special case where the presence of the three core elements is not essential.13 The use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, do not need to be present in a case of child trafficking. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation is adequate in order to consider a child a victim of trafficking.

 
Definition Of Child

 
The United Nations Convention on the Rights of the Child states that

 

for “the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”.

(Child Convention art. 1)

 

(c) The recruitment, transportation, transfer, harbouring 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 in subparagraph (a) of this article;

(d) “Child” shall mean any person under eighteen years of age.

 
(Palermo Protocol art. 3)

 
The trafficking victim is a child if he/she is younger than 18. In this case the trafficking act may be penalized even if the act does not involve any means of the crime as stipulated by the Palermo Protocol.

 

 

The definition of child is different from that set out under the international standards. Different pieces of legislations define different age limits.14 According to the Prevention of Child Pornography Ordinance, “child” means a person under the age of 16 (section 2 (1)).

 
Forms Of Child Trafficking

 
I. Child Sexual Exploitation

 
The United Nations Convention on the Rights of the Child stipulates that:

 

1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials

(Child Convention arts. 19 and 34)

 
The United Nations Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography:

 

(b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration;
(c) Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.

(art. 2)

 
ILO Convention No. 182 on the Worst Forms of Child Labour:

 

For the purposes of this Convention, the term “the worst forms of child labour” comprises:

(…)
(b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

 
(art. 3)

 
The Hong Kong Crimes Ordinance sets out a number of sexual offences against children:

 
§. 118C Homosexual buggery with or by a man under 21 (only if the victim was under 16)
§. 118D Buggery with a girl under 21 (only if the victim was under 16)
§. 118G Procuring others to commit homosexual buggery (only if to procure a victim under 16)
§. 118H Gross indecency with or by a man under 21 (only if the victim was under 16)
§. 123 Sexual intercourse with a girl under 13 (only if the offender was 18 or above)
§. 124 Sexual intercourse with a girl under 16 (only if the offender was 18 or above)
§. 127 Abduction of an unmarried girl under 18 for sexual intercourse
§. 135 Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl or boy under 16

§. 138A Use, procurement or offer of persons under 18 for making pornography or for live pornographic performances
§. 140 Permitting girl or boy under 13 to resort to or be on premises or vessel for intercourse
§. 141 Permitting young person to resort to or be on premises or vessel for intercourse, prostitution, buggery or homosexual act (only if the victim was under 16 and the offender was 18 or above)
§. 146 Indecent conduct towards child under 16

 
II. Child Forced Labour

 
The United Nations Convention on the Rights of the Child states that:

 

1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.

 
(Child Convention, art. 32)

 

 

ILO Convention No. 182 on the Worst Forms of Child Labour:

 
For the purposes of this Convention, the term “the worst forms of child labour” comprises:

 

(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;

(…)
(c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

(d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

(art. 3)

 
Trafficking, Smuggling, Migration

 
Human trafficking, smuggling and migration are closely related actions with certain distinctions. In all three cases movement is involved. At the end of migration or smuggling the migrant is often free to make his/her own choices and the smuggled person may walk away freely. However, a trafficked person is subjected to exploitation in multiple ways and may not leave at his/her own choices.

 
According to the International Organization for Migration (IOM) migration is “the movement of a person or a group of persons, either across an international border, or within a State. It is a population movement, encompassing any kind of movement of people, whatever its length, composition and causes; it includes migration of refugees, displaced persons, economic migrants, and persons moving for other purposes, including family reunification.”15

 
Migration may take place through regular or irregular channels and may be freely chosen or forced upon the migrant as a means of survival.

 
Types of migration:

 

 

  • Permanent immigrants – documented migrants admitted for permanent resettlement in the host country.
  • Temporary migrant workers – admitted by a country for the explicit purpose of exercising an economic activity such as contract migrant workers.
  • Refugees – “any person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country” (1951 Convention Relating to the Status of Refugee, art. 1A(2)).
  • Irregular or undocumented migrant workers – those who do not comply with the conditions necessary to be authorised to enter, stay and engage in a remunerative activity in the country of employment. They can be:

 

1. Those who enter the country legally but whose stay or employment contravene the law (for example, an overstayer);
2. Those whose stay and entry are lawful but who do not have the right to work and are engaged in illegal or illicit employment;

3. Those who enter the country illegally and who seek to change their status after arrival to find legitimate employment;
4. Those who have entered the country illegally, whose stay is unlawful and whose employment is illegal.16

Irregular migration is “movement that takes place outside the regulatory norms of the sending, transit and receiving countries. (…) From the perspective of destination countries it is entry, stay or work in a country without the necessary authorization or documents required under immigration regulations. From the perspective of the sending country, the irregularity is for example seen in cases in which a person crosses an international boundary without a valid passport or travel document or does not fulfil the administrative requirements for leaving the country. There is, however, a tendency to restrict the use of the term “illegal migration” to cases of smuggling of migrants and trafficking in persons.”17

 
If the method of migration is irregular, then a smuggler may assist the migrant by facilitating illegal entry into a country, for a fee. The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (the “Migrant Smuggling Protocol”) defines “smuggling of migrants” as: the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or permanent resident (art. 3).

 
The fee may be exorbitant and may expose the migrant to serious dangers in the course of the journey. On arrival at his/her destination, the migrant is free to make his/her own way and usually does not see the smuggler again.

 
For trafficked persons, it is often only once they arrive in the country of destination that their real problems begin. They have often been promised a job that does not exist or forced to work in jobs or conditions that they did not agree to. What makes trafficking identifiable and distinct is not the movement of a person from one place to another, or the site of work per se, but the brokering, lack of consent and the exploitative conditions of work.18

 
In practice, the distinction between migrant smuggling and trafficking in persons is not always easy to establish and maintain. Many trafficked persons may begin their journey as smuggled migrants and continue as trafficking victims in order to pay off large transportation costs. It is at this late stage that the exploitative end-purposes of trafficking (debt bondage, extortion, use of force, forced labour, forced criminality, forced prostitution) will become apparent.19

 
Prostitution Vs. Trafficking

 
Prostitution and trafficking are not interchangeable terms although they are often used interchangeably in the context of commercial sexual exploitation. Certain anti-prostitution groups view all prostitution as harmful and as a form of violence against women.20 They believe that prostitution fuels trafficking and therefore argue for the criminalization of prostitution as a measure to indirectly address trafficking. This, however, is not in line with current international views. International law does not criminalize prostitution and it is up to individual States to deal with the issue as they see fit. Suppressing prostitution to combat trafficking is to confuse the national issue of prostitution with the international crime of human trafficking.

 
According to the Palermo Protocol the exploitation of the prostitution of others is one of the forms of exploitation. This definition is deliberately wide, and was not intended to be limited to prostitution or pornography per se. It allows States Parties to address the issue of prostitution in their respective domestic laws. Since the Palermo Protocol was concluded, several different definitions of “sexual exploitation” have emerged, confirming that many of the earlier controversies documented are alive and well.21

 
This table22 presents a summary of differences between prostitution and sexual exploitation.

 

Prostitution Sexual exploitation
Woman is generally aware of the type of work in which she will participate (voluntary involvement).

 

Woman is generally unaware of the type of work she will be doing (involuntary involvement).
Women work independently or with a pimp.

 

Women always have a pimp or trafficker
Commonly work in the same geographic location.

 

Commonly are moved by the trafficker to different locations.
Women are paid. Women are generally not paid.
May be legal or illegal. Always illegal.
Does not always involve force, fraud, or coercion. Always involves force, fraud, or coercion.

 

 

End Notes:

 

1 Anti-Slavery International, Protocol for Identification and Assistance to Trafficked Persons and Training Kit, 2005, p. 7.

 

 

2 Council of Europe/United Nations, Trafficking in organs, tissues and cells and trafficking in human beings for the purpose of the removal of organs, 2009, p. 78, available here.

 

 

3 ILO, A Global Alliance Against Forced Labour: Global report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights of Work, Geneva: ILO, 2005, p.6, available here.

 

 
4 The Anti-Slavery Think Tank, From Experience: How to Combat Slavery in our Generation, Liberty Asia/ Share (Asia Pacific) Ltd, 2013, p. 7.

 

 

5 Id. at 7, 30.

 
6 Ann Jordan, Slavery, forced labor, debt bondage, and human trafficking: from conceptional confusion to targeted solution, Program on Human Trafficking and Forced LaborCenter for Human Rights & Humanitarian Law, 2011, p. 6.

 
7 The Anti-Slavery Think Tank, supra note 4, at 32.

 

 

8 US Department of State, Trafficking in Persons Report 2013, p. 34.

 
9 The Anti-Slavery Think Tank, supra note 4, at 32-33.

 
10 ILO, Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016, The Hague Global Child Labour Conference 2010, p. 1.

 

 

11 ILO-UNICEF-UN.GIFT, Training Manual to Fight Trafficking in Children for Labour, Sexual and Other Forms of Exploitation, Understanding Child Trafficking, Textbook 1, ILO, 2009, p. 18.

 
12 Id. at 29.

 
13 The three elements of human trafficking are: (1) the Act (recruitment, transportation, harbouring or receipt of persons), (2) the Means (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), and (3) the Purpose (for the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and removal of organs), Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children, supplementing the United nations Convention against Transnational Organized Crime, Resolution 55/25, November 15, 2000.

 

 

14 Please see Part 6, Child Trafficking in Hong Kong, for further details.

 

 

15 IOM, Glossary on Migration, International Migration Law Series No. 25, 2011, available here.

 

 

16 Anti-Slavery International, supra note 1, at 6.

 
17 Glossary on Migration, supra note 15.

 
18 Anti-Slavery International, supra note 1, at 5-6.

 
19 ASEAN, Handbook on International Legal Cooperation in Trafficking in Persons, 2010, Cases Chapter 1: Introduction to Trafficking in Persons and the Applicable International Legal Framework 1.1.4 Distinguishing trafficking from migrant smuggling, p. 7.

 

 

20 Niklas Jakobsen – Andreas Kotsadam, The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation, Springer Science+Business Media, LLC 2011, p. 91.

 
21 Anne T. Gallagher, The International Law of Human Trafficking, Cambridge University Press (2010).

 
22 Tiffany Dovydaitis, Human Trafficking: The Role of the Health Care Provider, Journal of Midwifery & Women’s Health, 2010 Sep-Oct, available here.

 

Sources:

 

United Nations

 

 

  • Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol). Link.
  • Slavery Convention. Link
  • Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. Link
  • Convention on the Rights of the Child. Link
  • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Link.
  • Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (Migrant Smuggling Protocol). Link.
  • Convention and Protocol relating to the Status of Refugee. Link.

 
International Labour Organization

 

  • Forced Labour Convention (No. 29). Link
  • Worst Forms of Child Labour (No. 182). Link.
  • ILO, A Global Alliance Against Forced Labour: Global report under the Follow-up to the ILO Declaration on Fundamental Principles and Rights of Work, Geneva, ILO, 2005. Link.
  • ILO, Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016, The Hague Global Child Labour Conference 2010.
  • ILO-UNICEF-UN.GIFT, Training Manual to Fight Trafficking in Children for Labour, Sexual and Other Forms of Exploitation, Understanding Child Trafficking, Textbook 1, ILO, 2009.

 
Hong Kong Legislation

 

 

  • Crimes Ordinance (Cap 200). Link.
  • Prevention of Child Pornography Ordinance (Cap 579). Link.

 

Table of Contents:

 

1. Definitions And Characteristics

2. Issues Surrounding Identification Of Victims Of Trafficking

3. Government Response To Human Trafficking

4. Actors Involved In The Identification Process And Their Likely Encounters With Victims

5. Identification Protocols And Questionnaires

6. Child Trafficking

7. Support Services, Victim’s Charter Of Rights

8. Recommendations

9. Annex 1: Generic Exploitation Profiles

10. Annex 2: Training Kit

 

libertyasialogo

 

 

For further information, please contact:


Archana Sinha Kotecha, Liberty Asia

archanakotecha@libertyasia.org

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