MEETING OF NATIONAL AUTHORITIES OEA/Ser. K/XXXIX

ON TRAFFICKING IN PERSONS RTP/doc.10/06

March 14 to 17, 2006 15 March 2006

Porlamar, Isla Margarita Original: Spanish

Bolivarian Republic of Venezuela

DECLARATION OF GENERAL AND SPECIFIC RECOMMENDATIONS

TO PREVENT, FIGHT AND PUNISH TRAFFICKING IN PERSONS

AND PROVIDE COMPREHENSIVE PROTECTION FOR ITS VICTIMS

(Submitted at the Meeting of National Authorities on Trafficking

in Persons by the undersigned Civil Society Organizations)

DECLARATION OF GENERAL AND SPECIFIC RECOMMENDATIONS

TO PREVENT, FIGHT AND PUNISH TRAFFICKING IN PERSONS

AND PROVIDE COMPREHENSIVE PROTECTION FOR ITS VICTIMS

(Submitted at the Meeting of National Authorities on Trafficking

in Persons by the undersigned Civil Society Organizations)

INTRODUCTION

The Civil Society Organizations gathered here welcome the creation of a Working Group on Trafficking in Persons in the framework of the Organization of American States, which not only gives rise to this Meeting of National Authorities responsible for such matters with the participation of civil society organizations, but also enhances its value. We believe that the dialogue that we have initiated is essential for putting forward suitable proposals and solutions that allow for effective joint efforts between member states and civil society.

This meeting represents another stride in the process of which we have committed to remain a part until we have seen the conclusions and recommendations that arise from this activity realized.

In this connection, civil society organizations value the Declaration submitted by the Chair of the Working Group, which recommends due protection for trafficking victims, respect for their human rights, and prosecution of the crime and traffickers.

Civil Society takes the liberty to suggest that following recommendations be considered for inclusion in the Declaration.

GENERAL PRINCIPLES

1. It is of crucial importance that in prevention, combating, and repression of trafficking in persons, and in protection of trafficking victims, the member states bear in mind as a frame of reference the corpus juri comprised of international and regional instruments on human rights, international humanitarian law, and international law on refugees, as well as adopting a cross-cutting gender and age perspective.

2. Member states should approach the problem of trafficking in persons by recognizing the specific aspects associated with its diverse aims and manifestations, according to their effect on different sectors: boys, girls, adolescents, men, women, and asylum seekers and refugees.

3. Thus far, we have been waging a one-sided war against transnational and national organized crime networks. The resources available to governments and civil society are too few and far between. It is urgent for member states to allocate the necessary resources, so that coordinated measures between civil society and governments can be strengthened, enabling them to tackle this problem on a better footing.

4. The transnational nature of some manifestations of this crime makes it imperative for member states to implement and put into effect bilateral and multilateral coordination mechanisms, in particular to provide protection to witnesses, victims, and their families.

5. We urge the Organization of American States to encourage its members to recognize the problem, adopt measures to combat domestic trafficking of persons, and provide appropriate protection for victims of this type of trafficking.

6. We call on the member states to create participatory mechanisms to follow-up on, monitor, and evaluate public policies and the effectiveness of their national legal frameworks, in order to redesign programs and improve or strengthen those already in place.

7. We appeal to the Organization of American States to establish itself as guarantor of the continuity of measures adopted by its members in this area, in order to ensure that they are sustained until their objectives are met, irrespective of government administration changes.

PREVENTION

1. Recognize the importance of civil, political, social, economic, and cultural rights, as well as the impact of the enactment of public policies targeting the most vulnerable groups recognized in the Declaration.

2. Enhance and strengthen the rule of law as an essential requirement to combat trafficking in persons.

3. Ensure the right of all persons to education, in particular boys, girls and adolescents, as a preventive measure against trafficking in persons.

4. Coordinate policies on migrant workers and the labor shortfall, and ensure the rights of migrant workers without documents to prevent their exploitation.

5. Ensure, in collaboration with civil society organizations, that public policies for implementing prevention campaigns target vulnerable groups in geographic areas associated with trafficking in persons.

6. Set up state counter-trafficking funds for joint activities with civil society.

7. Establish national and international control mechanisms for issuing documents (passports and visas), in order to prevent their falsification by organized networks for use in trafficking of persons.

PROSECUTION

1. Recognize the need to move forward with the alignment of national laws in the region with international legal standards in place in this area. While they address trafficking in persons, some of these legislations do not recognize all forms of human trafficking, or they tend to reproduce the loopholes found in international standards (only international trafficking is classified as a crime, leaving domestic trafficking in persons unpunished; only trafficking in persons for commercial sexual exploitation is punishable, etc.).

2. Ensure the criminal prosecution of the architects and perpetrators of the crime of trafficking in persons in all its forms, and punish acts of corruption committed by public officials and authorities in accordance with the United Nations Convention against Transnational Organized Crime and its Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. Traffickers can be natural or legal persons from any social background, such as individuals, relatives, large and small organized crime networks, diplomats, police officers, corrupt government officials, travel or employment agencies, and employers of trafficked persons.

3. Recognize that trafficking in persons is a crime that goes unpunished in many countries in the region. There are few available data provided by government agencies.

4. Ensure that all investigators and government attorneys have received appropriate training in collecting the evidence needed to convict culprits. Lack of evidence due to insufficient training in the collection of effective proof and presentation of cases for investigators, police officers, and government attorneys makes it impossible to demonstrate the existence of the crime. Recognize the lack of technical or specialized training provided to public officials and other authorities who may come into contact with the victims of trafficking in persons. Confusion exists between trafficking in persons and illicit migrant trafficking. It is essential to provide training to services, agencies, and law enforcement organizations to ensure that victims are correctly identified and given appropriate assistance, in order to raise awareness of their plight from their perspective. Most victims are unaware that they are being trafficked until they arrive at their destination, which makes the task of identifying the trafficker difficult.

5. Ensure the right to justice of victims of trafficking in persons, whatever their legal status, so that they can bring charges and institute judicial proceedings against traffickers. This option is under-utilized because trafficked persons are deported before they can present charges.

6. Guarantee protection programs for witnesses, experts, and victims of trafficking in persons and their families. Recognize the difficulty for victims to cooperate with and testify in an investigation, and ensure that they are not doubly traumatized. It is necessary to protect the rights of victims and ensure that any benefits they obtain from the investigation are not conditioned to their cooperation.

7. Carry out monitoring and follow-up exercises on this problem in order to generate systematic records of person trafficking cases, and have in place databases that supply up-to-date statistics broken down by gender, age, type of trafficking, traffickers, number of investigations carried out, and judgments issued.

PROTECTION AND ASSISTANCE FOR VICTIMS

1. Ensure that the human rights of victims are of paramount priority in the adoption of legislative steps, policies and strategic measures.

· Right not to be discriminated against;

· Right to come and go freely from one’s country;

· Right to a safe and voluntary return that includes assistance for reintegration;

· Right to protection of victims, witnesses and their families from injury, threats, and intimidation;

· Obligation to respect the right to asylum or to issue temporary residence permits where appropriate;

· Right of victims and witnesses to have their privacy and confidentiality respected;

· Right to compensation, restitution and reparations; and,

· Right to adequate assistance and services commensurate with the culture and language of the victim

2. Recognize the importance of providing effective platforms and tools to enable victims to take control of their lives and exercise their rights. Having had no control while they were victims, it is essential to respect their right to self-determination. It is necessary to help victims to learn and develop leadership skills and be independent so that they can recover and become reintegrated with society and their families.

3. Recognize the trauma endured and accord priority to mental health services, enabling victims to rebuild their lives and be effective witnesses in an investigation. It is important to provide assistance that includes family reunification; mental and physical health components; and recognition of the importance and urgency of helping victims to obtain documents, find employment, receive training and cultural orientation, find accommodation, and meet other basic needs.

COOPERATION

1. Create a permanent Working Group in the OAS composed of persons who are focal points for the issue of Trafficking in Persons in their respective units and work in related areas, such as human rights, migration, women, labor matters, and children. The Working Group will be responsible for including the issue of Trafficking in Persons in their respective mandates. Representatives will periodically report to the Group on progress in their activities.

2. Develop a Regional Plan of Action on Trafficking in Persons that details results and a specific time frame, and includes close collaboration between member states, civil society organizations and international organizations.

3. Foster regional agreements on:

· Information sharing, cooperation, and immediate identification of traffickers;

· Extradition of persons charged with the crime of trafficking in persons;

· Voluntary repatriation of persons who have been victims of trafficking in persons;

· Protection for persons who have been victims of trafficking in persons, as well as for their families and witnesses;

· Reunification of victims with their families.

· Develop a network of social services agencies to enhance the capacity of states and agencies to provide services to victims;

· Identification, forfeiture and seizure of the assets of traffickers;

· Identification of trafficking victims who have been repatriated: they could testify in cases brought against traffickers and be entitled to compensatory damages;

· Facilitation of cooperation between authorities and civil society organizations in countries of origin, transit and destination.

4. Foster a regional dialogue on agreements in the areas of immigration, labor rights, and international human rights standards.

5. Conduct regional studies on trafficking in persons, including on-site visits by the Inter-American Commission on Human Rights.

Adoratrices, Venezuela

Alianza de Mesas Redondas Panamericanos, Peru

Asociación de Salud Integral, Guatemala

Asociación de mujeres por el Bienestar y Asistencia Reciproca, Venezuela

Casa Alianza, Honduras y Guatemala

Rodolfo Casillas, Mexico

Center for Traumatic Stress Studies, United States

Coalition to Abolish Slavery and Trafficking, United States

Coordinadora Nacional de la Mujer Salvadoreña, El Salvador

Cong. Buen Pastor, Venezuela

ECPAT

Pan American Development Foundation, Haiti

Fundación Venezuela Propositiva, Venezuela

RA00021E03

Global Rights, United States

Oblata, Venezuela

Oblatas Santísimo Red, Venezuela

Paniamor, Costa Rica

Proyecto Pasca, Guatemala

Safe Horizon, United States

Save the Children, Sweden

Sin Fronteras IAF, Mexico

YMCA International Services, United States