Be careful what you pay for: awareness raising on trafficking in persons.

• Author: Schloenhardt, Andreas

ABSTRACT

Raising awareness and educating the public about the causes, consequences, and signs of trafficking in persons are important tools to prevent and detect this heinous crime. A version of this Article was presented as a speech at the UN Convention against Transnational Organized Crime Working Group on Trafficking in Persons in Vienna, Austria, on October 12, 2011 as well as at Washington University School of Law on October 7, 2011. This Article examines international law and best practice guidelines relevant to awareness raising and assesses past campaigns against these standards. The Article then articulates goals, recommendations, and elements for successful awareness campaigns, especially in destinations of trafficking in persons. By way of example, a new Australian awareness campaign entitled "Be Careful What You Pay For" is outlined to demonstrate the practical implementation of these best practice guidelines and research outcomes.

1. INTRODUCTION

   Trafficking in persons is a phenomenon not well understood and recognized. Despite greater legislative and law enforcement activity, as well as some acknowledgement of the issue by government agencies and international organisations, the causes and consequences of this crime are not well known to wider audiences. Reports about the characteristics and extent of trafficking in persons also vary greatly depending on the source of information.

   Raising awareness and educating the public about the causes, consequences, and signs of trafficking in persons are important tools to prevent and detect this heinous crime. In particular, education and awareness-raising play an important role in preventing this phenomenon, promoting recognition of instances of trafficking in persons by law enforcement agencies and the wider public, enabling and facilitating the reporting of cases, and in outlining relevant government initiatives, support systems, helplines, and the like.

   This Article examines international law and best practice guidelines relevant to awareness-raising and assesses past campaigns against these standards. The Article then articulates goals, recommendations, and elements for successful awareness campaigns, with a particular focus on campaigns in destination countries. By way of example, a new Australian awareness campaign entitled "Be Careful What You Pay For" is outlined to demonstrate the practical implementation of these best practice guidelines and research outcomes.

2. INTERNATIONAL LAW AND BEST PRACTICE GUIDELINES

   Awareness and education campaigns feature prominently in international law and best practice guidelines. The Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children (1) ("Trafficking in Persons Protocol") is the principal international instrument in the global fight against trafficking in persons. The Trafficking in Persons Protocol, one of three supplementary protocols to the United Nations ("UN") Convention Against Organized Crime, (2) came into force on December 25, 2003.

   1. Protocol Requirements

      Article 3(a) of the Trafficking in Persons Protocol defines "trafficking in persons" as:

      the recruitment, transportation, transfer, harboring 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 labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

      Article 9 of the Trafficking in Persons Protocol seeks to guide Signatories' efforts to prevent trafficking in persons. Article 9(1) broadly requires States Parties to establish comprehensive policies, programs, and other measures to prevent and combat trafficking in persons as well as protect victims of trafficking. Article 9(2) specifically refers to States Parties endeavoring to undertake research, information, and mass media campaigns to prevent and combat trafficking in persons; (3) it is this provision that justifies the need for awareness raising measures.

      Article 9(3) and (5) provide some further direction to the content and organization of awareness raising campaigns. Paragraph 9(3) flags that States Parties should, where appropriate, cooperate with non-governmental organizations ("NGOs"), other relevant organizations, and other elements of civil society. Paragraph 9(5) emphasizes that particular attention should be given to educational, social, and cultural measures aimed at reducing the demand that fosters the exploitation of persons that leads to trafficking.

      Whilst there is no definition of "demand" in the Trafficking in Persons Protocol, it has been suggested that demand can be separated into "consumer demand" and "derived demand." (4) People who are active or passive purchasers of products or services of trafficked persons can generate "consumer demand." (5) Those seeking to profit generate "derived demand": this is typically the exploiters or traffickers themselves who wish to keep labor prices down and profits up. (6) Awareness-raising campaigns may aim to target either or both these types of demand.

   2. International Guidelines and Best-Practice Models

      While the Trafficking in Persons Protocol sets out the justification for awareness-raising and suggests some basic content, it is clear that there is not much further substantive direction on implementation.

      The UN Office on Drugs and Crime ("UNODC"), as the "guardian" of the Convention Against Organized Crime and its Protocols, has a mandate to assist States Parties in their efforts to implement these instruments. To this end, UNODC and the UN Global Initiative to Fight Trafficking ("UN.GIFT") have produced a range of material, such as toolkits and model laws that offer some further guidance.

      The UNODC Toolkit to Combat Trafficking in Persons notes that anti-trafficking campaigns should focus on educating people about the true nature of the crime and its consequences. (7) To this end, it is important that awareness campaigns are supported by solid research and by verifiable sources. The Toolkit further remarks that the purpose of raising public awareness is to mobilize popular concern about the risk of falling prey to these criminals and about the social and human costs of trafficking in persons. (8) To prevent persons from falling prey to traffickers the Toolkit contends that campaigns

      should provide potential victims of trafficking with sufficient information about the risks of human trafficking, the possibilities for migrating legally in order to work and earning possibilities to enable them to make informed decisions about migration, to evaluate whether job offers are realistic and to seek help in the case of trafficking. Awareness-raising campaigns should also address the health risks, such as unwanted pregnancies and sexually transmitted diseases, including HIV/AIDS, associated with sexual exploitation. (9)

      The Toolkit places particular emphasis on creating campaigns that assist victims to identify that they have been victimized, that trafficking is a crime and they can seek protection of the law. It is suggested that campaigns should be "formulated in way that will be understood by victims, using materials in appropriate languages adapted for and relevant to the target audience." (10)

      In addition to these victim-oriented approaches, the Toolkit and the UNODC and UN.GIFT Model Law against Trafficking in Persons highlights some of the other possible messages that an awareness campaign may wish to convey to its target audience:

      Some other messages to be conveyed include vigilance and public accountability (taking action when trafficking is detected), information about anti-trafficking programs, highlighting criminal penalties for trafficking, discouraging the demand for exploitation and increasing transparency of enterprises' supply chains. (11) Given the range of potential messages, it is important that careful consideration is given to the audience of the awareness campaign and the campaign objectives. While the victim-oriented approach may be potentially effective in source countries, it is arguable whether such campaigns are equally as effective in destination countries. Here, the focus of awareness-raising may be better placed on the consumer demand of the issue; information that allows trafficked persons to identify that they are victims of a crime also plays an important role.

      The Model Law against Trafficking in Persons further suggests the implementation of a national anti-trafficking coordinating body or interagency anti-trafficking task force to, among other things, carry out information and awareness-raising campaigns, in cooperation with the media, non-government organizations, and other relevant actors. (12) This suggestion builds upon Article 9(3) of the Trafficking in Persons Protocol in terms of fostering cooperation between government and nongovernment organizations and other elements of civil society.

      The Toolkit to Combat Trafficking in Persons offers a useful "checklist" that can assist in the planning and design of anti-human trafficking campaigns. (13) As a starting point, it is suggested that the campaign is guided by a clear rationale, an aim to build consensus and engage potential critics, and be based on stakeholder analysis. Furthermore, from the outset there should be an ambitious and clear goal but with realistic and achievable deliverables. On the basis of the stakeholder analysis there should be defined target groups and settings based on local intelligence and evaluation. (14)

      In terms of the campaign itself, it is essential that there is a short and simple slogan as well as clear and...