TRAFFICKING IN PERSONS

PRESENTER: D/SGT MUTUZUNGARI M.

CID COUNTER TERRORISM UNIT
CELL: +263773645186/
+263719645186
Email: mmtuz2021@gmail.com
PRESENTATION OVERVIEW
INTRODUCTION TO TIP
WHAT IS HUMAN TRAFFICKING
UNCTOC AND TIP PROTOCOL
SMUGGLING OF MIGRANTS
HUMAN TRAFFICKING OR MIGRANT
SMUGGLING? [THE DIFFERENCE]
FACTORS CONTRIBUTING TO TIP
MODUS OPERANDI OF TRAFFICKERS
LEGISLATION AGAINST TIP
Objectives
By the end of the presentation participants should be
able to:-
• Narrate the background of Human Trafficking
• Describe the UN convention that address TIP
• Define Trafficking in persons
• State three elements of TIP
• State the elements of SoM
• Outline main differences between TIP and SoM
• Describe the modus operandi of traffickers
INTRODUCTION TO TIP
Trafficking in persons is a serious crime and a grave
violation of human rights. It is a global issue that has
received increasing attention around the world.
 INTRODUCTION TO TIP [Background]
 Trafficking in Persons commonly known as Human trafficking can best be
described as modern day slavery.
 It is a Billion-dollar illegal business.

 Globally 800000-900000 people are trafficked yearly

 The crime is a public security concern around the world,

 Zimbabwe is not immune from it, either as a source, transit route or

destination country for victims.

 Women and children, the poor, unemployed and orphaned children are the
most vulnerable to TIP.

 Every year men, women and children are trafficked both within Zimbabwe
and across borders and forced to work for little or no pay, sexual
exploitation, child labour or harvesting of body parts.
INTRODUCTION TO TIP
However the wealthy and highly educated can also fall
victim to the ever changing methods used by
traffickers to recruit their victims.
There are a variety of factors that contribute to
people’s vulnerability to TIP, such as poverty,
unemployment, political and economic instability,
lack of opportunities.
Law enforcements agents should be at the forefront in
fighting TIP.
UNCTOC
The United Nations Convention against Transnational Organized
Crime was negotiated and adopted on 15 November 2000 in
Palermo, Italy. The Convention entered into force on 29
September 2003;
It promotes international cooperation and standardises
terminology and concepts related to organized crime and thus
creates a common basis for national crime-control frameworks

The convention is supplemented by three protocols namely:-

• Protocol to Prevent Supress and Punish Trafficking in Persons,
Especially Women and Children;
• Protocol against Smuggling of Migrants and
• Protocol against the illicit manufacturing and trafficking of fire
arms.
UNCTOC
• To promote cooperation to prevent and combat
transnational organised crime more effectively.

• UNCTOC brought about the TIP Protocol

• The Relation between international law and national

law depends on the legal system of the country.

• Zimbabwe therefore acceded to the protocol

• In 2004 TIP Act Chapter 9:25 was promulgated into

law.
TIP protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially
Women and Children
The Trafficking in Persons Protocol has three basic
purposes:

• the prevention and combating of trafficking in

persons;

• the protection and support of victims of trafficking;

and

• the promotion of cooperation between States parties

HUMAN TRAFFICKING: what is it?
Article 3 of the Parlemo Protocol defines Trafficking in
Persons as an act of recruitment, transportation,
transfer, harbouring or receipt of person/s by means
of the threat or use of force or other forms of coercion,
abduction, kidnapping, fraud or 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
WHAT IS HUMAN TRAFFICKING?
Simply put, a person is trafficked if he or she is forced
or tricked into a situation in which he or she is
exploited.
This crime is mainly composed of three constituent
elements:-
ACT [what is done]
MEANS [how it is done]
PURPOSE [why it is done]
Key elements of TIP
ELEMENTS OF TIP
ACT MEANS PURPOSE
Recruitment Threat/ use of force Exploitation of the
Coercion prostitution of others
Transfer Kidnapping
Abduction Sexual exploitation
Harbouring Fraud Forced labour or
Deception services
Receipt Abuse of power or of a Slavery or similar
position of practices to slavery or
vulnerability servitude
Removal of body
organs
 ELEMENTS OF TIP…
RECRUITMENT STAGE
Criminals use varying methods to force or trick people into
being trafficked, e.g., kidnapped, offered good non-existent
jobs or attractive opportunities.
TRANSPORTATION STAGE
Victims may overtly or covertly be moved by road, air or sea
from one location to another. Within the country or across
borders.
EXPLOITATION STAGE
At this stage victims may be subjected to the following;
Sexual exploitation; forced marriage; work in
factories/restaurants/farms/mines/homes, etc., without rest
or option to leave; have organ removed; beg sell drugs, child
soldiers, etc.
FACTORS CONTRIBUTING TO TIP
Push Factors [Source countries/region]
Poverty
Famine
Unemployment
Lack of income generating opportunities
Natural disasters floods, droughts]
Political instability,
Economic hardships, etc.
FACTORS CONTRIBUTING TO TIP
Pull Factors [destination countries/regions]
Demand for cheap and docile labour
Demand for commercial sex industry [forced
marriages, sex slaves]
Demand for human organs, transplants
Prospects of better life for families and children
Better employment opportunities [dream come true]
Better educational opportunities
SMUGGLING OF MIGRANTS [SOM]
Definition:
 The procurement, in order to obtain, directly, a financial or other
material benefit, of the illegal entry of a person into another
country of which the person is not a national or a permanent
resident ( UN S.O.M Protocol).

Illegal Entry:
 Crossing borders without complying with immigration laws for entry
into another country, e.g.,
 use of undesignated ports
 Use of fraudulent travel or identity document

 SOM is therefore a violation of the Immigration Act.

Elements of smuggling
DIFFERENCES BETWEEN TIP AND SOM
OFFENCE WHAT HOW WHY
TIP The recruitment By means of For the purpose
Transportation, threat/use of of exploitation,
Transfer, force which includes
Harbouring Coercion, exploiting the
Receipt kidnapping, prostitution of
fraud, deception, others [pimping],
abuse of power or sexual
vulnerability exploitation,
forced labour,
slavery, servitude
or removal of
organs

SOM The procurement Across a border For financial or

of illegal entry into another State other material
into a country or country gain [ no
exploitation]
 DIFFERENCES :TIP AND SOM…
EXPLOITATION
TIP Traffickers make profit
from exploitation of
victims
SOM Smugglers facilitate
people’s illegal entry into
another country for
financial gain. No
exploitation
CONSENT TRANSNATIONALITY
Use of force, TIP is necessarily
kidnapping, transnational:
abduction rules out
consent. It can occur regardless of
Fraud, deception whether victims are
and childhood transported to another
vitiates consent. country or to another
Exploitation violates place within the same
human rights hence country.
no-one consent to
be exploited. In cases involving
transnational, borders
can be crossed legally.
Smuggled migrants Migrant smuggling is
consent to being always transnational in
smuggled. They are nature: borders are
complicit to the act. crossed illegally.
TIP OR SOM
TIP and migrant smuggling may seem the same, but they
are not.
In cases where victims of TIP are foreign or
undocumented persons, law enforcement officers often
assume that they are illegal migrants, not victims of
crime, and that the criminal involved is a migrant
smuggler and not a human trafficker.
Such assumptions may result in traffickers escaping
detection. Always look beneath the surface.
Smugglers may decide to become traffickers or to sell
people to traffickers along the journey.
Therefore cases of migrant smuggling should be of
interest to TIP investigators.
Always look for indicators of TIP.
LEGISLATIVE PROVISIONS
TIP Act Chapter 9:25
Criminal Law [Codification and Reform] Act
Chapter 9:23.
Children’s Protection and Adoption Act
Immigration Act
Money Laundering and Proceeds of Crime Act
Chapter 9:24
Labour Relations Act
Trafficking in Persons Act Chapter
9:25
Signed into law in 2014 Prior to that, there was the
Presidential Powers [Temporary Measures] Act of
2013 to:-
provide for the prohibition, prevention, punishing and
prosecution of the crime of trafficking in persons and
the protection of victims of trafficking; to establish an
Anti-Trafficking Inter-Ministerial Committee and
provide for its composition and functions; to establish
centres for victims of trafficking in persons.
Borrows definition of TIP from UNCTOC TIP Protocol,
[refer to the Act]
 PROVISIONS OF THE ACT
Sec 3: Definition of TIP and penal provisions
Sec 4: Powers of Law enforcement agents
Sec 5: Protection of victims
Sec 6: Forfeiture of proceeds of TIP
Sec 7: Extra-territorial jurisdiction
Sec 8: Centres for Victims of TIP
Sec 9: Anti-Trafficking Inter-Ministerial
Committee
PENAL PROVISIONS
No Aggravating Circumstances
Level fourteen fine/ imprisonment not exceeding 10
years

When committed in aggravating circumstances

 Life imprisonment or a definite period not less than
10 years
 UNAVAILABLE DEFENCES TO TIP
It shall not be a defence to a charge of trafficking in persons for an offender to
prove that ...
(a) a victim consented to any act constituting the offence; or

(b) the victim had previously engaged in prostitution or pornography or has

been convicted of any criminal offence; or

(c) where the victim is a child, that the victim, or the parent, guardian or
other person who has parental authority over the victim, consented to any
act constituting the offence; or

(d) the purpose for which the offence was committed was not fulfilled; or

(e) any act constituting an essential element of the crime of trafficking in

persons is a customary or religious practice.
DETECTING TIP
Traffickers will always try to conceal their crimes by making what they are
doing looks normal and legal. In order to unearth TIP, the following
might help;-

 Who is doing the talking?

 Who has the documents?
 Who has the money? [money controls victims]
 Freedom of movement.
 Security arrangements in place.
 Physical injuries
 Drug addiction [victims depend on trafficker]
 Living conditions. [poor living conditions]
 Is it a brothel [ strip clubs]
 How they get here?
 Why are they here?
NB: this will help separate trafficker/s from victim/s
 INDICATORS OF TIP FOR PEOPLE ON
TRANSIT /TRAVELLING
Rush last minute checking in at airport or
border,
Use of informal crossings or suspicious
routes;
Group travel of persons within same age
group and sex;
Lack of own financial means at disposal for
the travel;
INDICATORS CONT/D…
Minors with no direct relationship to the
accompanying adult;
Body language of the person such as
excessive blinking or nervousness, or
obvious shivering;
Lack of knowledge of the destination;
Fraudulent documents (Passports, visas)
INDICATORS…
Passports not in their possession
Not having personal baggage
Stranded at the airport
Reluctant to seek help at the airport or boarder
Traffickers speak on their behalf
Normally have one way ticket
TIP AND TRAVEL DOCUMENTS
To facilitate crossing borders traffickers often use
fraudulent travel or identify documents.

Counterfeiting

Alteration

Stealing

Misuse of a genuine document (similar-looking person)

 HOW TRAFFICKERS CONTROL VICTIMS
Withholding documents

Using violence and restricting movement

Threatening victims and their loved ones [threat to

report to police, deportation]

Cutting communication

Enforcing debt bondage

TIP IMPACT ON VICTIMS
Human trafficking may have a number of effects on its victims:-
Death, injury
Loss of self esteem
Loss of income
Trauma [post-trauma disorder]
Loss of scattered memory [one way in which victims cope with
trauma]
Distress
Sense of loyalty to abusive traffickers arising from survival
instinct.
Dissociation
Consequently, victims of TIP may react towards you
with, among other things;

Hostility
Anger
Fear
Distrust
Unwillingness to cooperate
Lies
DISCUSSION OF CASE STUDIES
James Tungamirai Maroodza and Norest Maruma case
Jesca Mahuni
James Matola
 CONCLUSION
Human trafficking is happening all around us
Whilst victims are often hidden, it is possible to encounter
individuals or situations of concern
Knowing how to ‘spot the signs’ and elements of TIP can help
detect the crime and apprehend traffickers or rescue of victim.
Always look beneath the surface: a case that looks like SOM
could be TIP.
Where TIP does not suffice, consider other predicate offences.
Victims of TIP may suffer trauma therefore avoid re-
victimisation.
We all have a role to play to fight the scourge.
FINAL WORDS
Trafficking in Persons is real and can happen to your
loved ones.
Let the victims be victors
The fight goes on and together we can win the war
against Trafficking in Persons.

***
“he who takes my child by the hand touches me at the heart”. Anonymous
*