Committee: UN Office on Drugs and Crime (UNODC).

Topic: Trafficking in persons in Conflict

Situations:

(UNODC) was established in 1997, and it assist Member States in their struggle against illicit
drugs, crime and terrorism, through specialized, technical assistance and expertise. Member
States are also resolved to intensify efforts to fight transnational crime in all its dimensions, to
redouble the efforts to implement the commitment to counter the world drug problem and to
take concerted action against international terrorism.

The three pillars of the UNODC work programme are:

• Field-based technical cooperation projects to enhance the capacity of Member States to

counteract illicit drugs, crime and terrorism

• Research and analytical work to increase knowledge and understanding of drugs and crime
issues and expand the evidence base for policy and operational decisions

• Normative work to assist States in the ratification and implementation of the relevant
international treaties, the development of domestic legislation on drugs, crime and terrorism,
and the provision of secretariat and substantive services to the treaty-based and governing
bodies

Includes smuggling of illicit drugs, weapons, natural resources, counterfeit goods, human
beings, cybercrime, trafficking in cultural artefacts and environmental crime.

2) Introduction:

In 2016, the United Nations High Commissioner for Refugees (UNHCR) reported that, at the
end of 2015, more than 65 million people were forcibly displaced worldwide as a result of
persecution, conflict, violence or human rights violations; an increase of 6 million

Human trafficking is one of the most lucrative illicit businesses in Europe, with criminal groups
making about $3 billion from it per year

The most common types of trafficking are forced labour, bonded or debt bond labour, forced
child labour, sex trafficking, child sex trafficking, domestic servitude and the unlawful
recruitment and use of child soldiers.

3) Discussion of the problem.

The Act (What is done) Recruitment, transportation, transfer, harbouring or receipt of persons.

The Means (How it is done) 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. However, The “means” element is not a requisite for the definition of trafficking in
persons when the victim is a child; any act committed for an exploitative purpose is sufficient
to establish the trafficking of a child as an offence.

The Purpose (Why it is done) For the purpose of exploitation, which includes exploiting the
prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the
removal of organs.
War and conflict increase the elements that generate group vulnerability, a situation which can
exacerbate the trafficking in person, as many seek to escape, but are faced with insufficient
channels in their search for a safer place. This pressure can turn them into victims, and in some
cases, into traffickers.

“Debt bondage”: Situation in which a person provides services to pay a debt imposed by a
trafficker that can never be repaid, or is unclear or unfair, where conditions are exploitable.

Addressing Human Trafficking: Prevention, Protection and Prosecution

To effectively address human trafficking in general, the UNODC has identified 3 main points

PREVENTION:

The 2030 Agenda for Sustainable Development sets out a framework

Efforts to prevent trafficking in pre-conflict situations must be proactive, meaning they are put
in place long before the first signs of conflict, and they must continue throughout the conflict
cycle. Actual and potential risks should be identified and addressed

The OHCHR insists that factors that increase people’s vulnerability to trafficking must be
addressed.

Vulnerability factors can be pre-existing or they can be created by traffickers. They are present
before, during and after a conflict.

Pre-existing vulnerability factors, such as discrimination based on sex or gender, may be

exacerbated by conflict. The gendered roles of men and women in the community and notions
of masculinity can also be affected by conflict, further playing into negative coping
mechanisms and resulting in increased vulnerability

The factors that make people vulnerable to being trafficked in conflict settings may be the
same as those that make them vulnerable to becoming perpetrators of trafficking and related
crimes. Anti-trafficking responses must be generated long before the onset of conflict

PROTECTION:

The responsibility to protect means that “each individual State has the responsibility to protect
its populations from genocide, war crimes, ethnic cleansing and crimes against humanity.”The
international community, including the United Nations, plays a central role in that it assists
States in fulfilling that obligation.

The dissemination of legal standards and normative commitments and engaging in dialogue
with States on fulfilling their responsibility to protect; building national capacities through
training, institution building and the active sharing of best practices; and assisting States in
provision of additional capacity or expertise.

States are required to take or consider taking a number of measures to protect and assist
victims of trafficking.

States must first identify the victims

States parties are obliged to consider providing in cooperation with nongovernmental and
other relevant organizations and elements of civil society. These include housing; counselling
and information about legal rights; medical, psychological and material assistance; and
opportunites for employment, education and training

PROSECUTION:

The principle of nonpunishment is an essential part of a human-rights based approach to

trafficking

Trafficked persons should not be criminalized for unlawful activities that they were involved in
as a direct consequence of their situation as trafficked persons. In particular, victims should
not be held accountable for criminal and administrative offences under immigration law or for
offences linked with prostitution or petty crime

States must study and carefully apply the relevant national legislation and thoroughly and
individually assess the situation of each person associated with armed or terrorist groups.

It is therefore important to collect and preserve evidence of trafficking in conflict-related

settings.

Cooperation from victims and other witnesses is required. Many will be reluctant to report
traffickers or to serve as witnesses because of the trauma of their experience, or because they
lack confidence in the capacity of the law to protect them. International and nongovernmental
organizations have a key role to play in sensitizing law enforcers and prosecutors and building
their capacity.

Survival Sex and Sexual Exploitation:

“Survival sex”, is a phenomenon whereby a person, usually a woman, engages in sexual

relations in order to gain access to a need such as food, shelter, protection or passage

Other negative coping mechanisms that people in dire situations may resort to include
exploitative forms of marriage, forced labour situations or participation in conflict or sexual
exploitation.

The use of children and adults by Armed groups and terrorist organizations

Children may be recruited into armed groups for sexual slavery and exploitation and may also
be exploited in supportive roles as domestic labourers, cooks, porters, messengers and
lookouts. In addition to being exploited for sex or forced labour, children may also be exploited
in combat roles, including for planting explosives, carrying out armed attacks and suicide
bombings or as human shields

Armed groups may attract children in vulnerable situations by offering incentives, including
education and livelihoods, status or glory, or the peers of vulnerable children may pressure
them into joining such groups.

A key concern is that, in many instances, victims of trafficking released from the captivity of
armed and terrorist groups are not identified and supported as victims of trafficking and
terrorism, but rather classified as “combatants” and treated as threats potentially detained
and denied access to protection and assistance, or stigmatized for their involvement with
terrorist groups if they are returned to their communities
The use of adults depends on the means used, when subtler means of recruitment like
indoctrination is used, it may be difficult to define if the situation can be considered human
trafficking

Selling, gifting and trading of women and children among fighters served as an important
strategy to recruit men.

The promise of rewards of a sexual nature has been recognized as a drawing card for some
fighters

4. Case Studies

Human Trafficking and the Syrian armed conflict.

A report published by the International Centre for Migration Policy Development (ICMPD) in
2015 highlighted the increasing numbers of Syrian victims of trafficking in the Middle East over
the last few years, where trafficking has substantially increased since the beginning of the crisis
in 2011

The same study points out that for Syrian victims, the trafficking process often starts in the
country of asylum where they moved for protection from the conflict zone. Traffickers take
advantage of the vulnerabilities that stem from displacement.

Most of the time, the trafficking is not committed by highly organized criminal networks, but
rather by family members, acquaintances and neighbours

The Trafficking of African Refugees

The UN Monitoring Group on Somalia and Eritrea and the UNHCR have identified that refugees
making their journey along the East African routes to North Africa and eventually to Europe
are kidnapped for ransom by those who they thought were facilitating their travel. They have
also provided evidence that officers of the Eritrean military collaborate with traffickers

If the hostage cannot pay, that person may be killed as an example for others, or for organ
removal which is then sold for around USD$15,000.00.

More than 4,000 people are believed to have died in the context of trafficking along the route
from Eastern Sudan and the Horn of Africa since the beginning of 2008

5. Bloc Positions

Western Europe

Apart from intra-European flows, Sub-Saharan Africa has been the most commonly detected
origin of trafficking into Western Europe, representing about 16 per cent of the victims. Many
of these victims were from West Africa

To address this issue, nearly all the countries in this region had enacted a specific trafficking in
person’s offence by the end of 2012

However, these measures are not enough to address the issue

Eastern Europe

Almost the entire offender population for trafficking in persons in this subregion were citizens
of the countries where they were convicted. Due to the high level of national offenders
convicted in this subregion, it appears unlikely that traffickers from other regions operate in
these countries

Groups from South-Eastern Europe seem to be involved in trafficking in persons throughout

most of Europe

North and South America and the Caribbean

In Central America and the Caribbean, child trafficking is the most frequently detected form of
trafficking. This area has the second-highest level of child trafficking detected globally, after
Sub-Saharan Africa.

Many of the victims are sent to North American countries.

Sub-Saharan Africa

The use of children as combatants takes place in some conflict and post-conflict countries of
the region. The number of identified victims is significant.

North Africa and the Middle East

This region is extremely diverse from a socio-economic point of view, the Gulf Cooperation
Council (GCC) - and the much poorer countries of North Africa.

The region also includes countries currently involved in severe conflicts, which could be
contributing to the general lack of data on trafficking in persons here.

Trafficking for forced labour is more frequently detected than trafficking for sexual
exploitation. Nearly half of the victims

Asia

Due to the frequent trafficking of girls, children comprise nearly a third of the victims. Most
victims in East Asia and the Pacific were trafficked for sexual exploitation, but about a third of
the detected victims were trafficked for forced labour

6. International Actions

In its resolutions 1267 (1999), 1989 (2011) and 2253 (2015), the Security Council imposed asset
freezes, travel bans, arms embargos and other sanctions on ISIL, Al-Qaida and associated
individuals, groups, undertakings and entities. In the preamble to its resolution 2253 (2015),
the Security Council noted that any person or entity who transfers funds to ISIL directly or
indirectly in connection with exploitation and abuse would be eligible for listing by the
1267/1989/2253 ISIL

Security Council resolution 2368 (2017) requires all States to freeze the assets derived from
financial transactions involving any funds, economic resources or income-generating activities
benefiting individuals, groups, undertakings and entities on the ISIL (Da’esh) and Al-Qaida
Sanctions List, including the proceeds of trafficking in persons.

Security Council resolution 2374 (2017) on the situation in Mali also provides for travel bans
and asset freezes for trafficking in persons, which it qualifies as an action that threatens the
peace, security or stability of that country.

The resolution does identify trafficking as a possible source of financing of terrorism

Increasing community participation

it is vital to increase community participation by engaging religious and traditional leaders,

faithbased organizations, non-governmental organizations, civil society organizations and
academia. Religious and traditional leaders have a particular role to play. They can addres
violent extremism and challenge ideologies that promte the demand for exploitative
services, including sexual enslavement.

In its resolution 2331 (2016), the Security Council emphasized the importance of engaging
religious and traditional leaders, paying particular attention to amplifying the voices of women
and girls alongside men and boys

Addressing the stigmatization suffered by survivors and facilitating their return and their
reintegration into families and communities.

Posible agencies
Inter-Agency Coordination Group against Trafficking in Persons

ICAT is a policy forum mandated by the General Assembly to facilitate a holistic and
comprehensive approach to preventing and combating trafficking in persons by improving
coordination among United Nations agencies and other international organizations

Established in March of 2007, ICAT has 16 United Nations bodies and two partner
organizations as its members. In 2010, in its resolution 64/293, the General Assembly adopted
the United Nations Global Plan of Action to Combat Trafficking in Persons, in which Member
States called for a strengthening of ICAT to improve coordination and cooperation among
relevant United Nations bodies. The designated coordinator of ICAT is UNODC. The members
of the ICAT Working Group are ICMPD, ILO, IOM, OHCHR, OSCE, UNICEF, UNHCR, UN Women
and UNODC.

Task Team on Anti-trafficking in Humanitarian Action of the Global Protection Cluster

IASC and the cluster system coordinate much of the international community’s humanitarian
assistance by drawing together clusters of United Nations agencies and non-United Nations
organizations. The Global Protection Cluster was established in 2005 to support protection
responses in non-refugee humanitarian action. In response to a critical gap, the Task Team on
Anti-trafficking in Humanitarian Action under the Global Protection Cluster is currently working
to develop a collective position on anti-trafficking interventions in humanitarian responses and
to provide recommendations and guidance on how best to integrate such interventions
systematically in cluster mechanisms. The aim of this 23 guidance is to strengthen current
efforts and improve the efficiency of the cluster response to trafficking in persons. The Task
Team co-leaders, IOM, UNHCR and Heartland Alliance International, are actively involved in
several crises around the world, working in coordination with the clusters, among other things,
in particular with the protection cluster. While the work of the Task Team in developing
guidance is ongoing, agencies operating in cluster settings should refer trafficking cases for
protection, support, assistance and follow-up to the protection cluster members or other
stakeholders.
Action group on conflict and humanitarian settings of Alliance 8.7

Alliance 8.7 is a multi-stakeholder group of State and non-State actors, including United
Nations entities, that is dedicated to the eradication of forced labour, modern slavery,
trafficking in persons and child labour

Its strategy will be built on three pillars, namely policy and strategy, capacity-building and
research.

Global Action to Prevent and Address Trafficking in Persons and the Smuggling of Migrants
(GLO.ACT

(GLO.ACT) is a four-year (2015-2019), €11 million joint initiative by the European Union and
the United Nations Office on Drugs and Crime (UNODC). The project is being implemented in
partnership with the International Organization for Migration (IOM) and the United Nations
Children's Fund (UNICEF) and reaches thirteen countries across Africa, Asia, Eastern Europe
and Latin America.

The overall objective of the project is to prevent and address Trafficking in Persons (TIP) and
the Smuggling of Migrants (SOM). GLO.ACT works with the 13 selected target countries to plan
and implement strategic national countertrafficking and counter smuggling efforts through a
prevention, protection, prosecution, and partnerships approach.

7. Question A Resolution Must Answer (QARMAs)

• Is the current definition of human trafficking good enough to effectively address the issue or
should it be amended? If amended, how will this improve the scope of action of the different
groups involved?

• What type of actions can be taken to raise awareness of the problem and what steps are to
be taken to prevent trafficking at source?

• What key measures can be implemented to reduce the vulnerability factors?

• Are there any measures that can be taken ensure that Member States and the UN complies
with their obligation to protect?

• Should there be a specific means to determine whether it is appropriate to treat a perpetrator

of terrorist or other criminal acts as a victim of trafficking? How can countries be sure that they
are complying with the principle of non-punishment?

• How can participation of involved parties in criminal justice processes, specially during or
after conflicts, be improved?

• How can cooperation between nations be applied to address human traficking in confict
situations?