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Trafficking in Human Beings and Terrorism Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings TRAFFICKING IN HUMAN BEINGS AND TERRORISM Where and how they intersect Analysis and recommendations for more effective policy responses ISBN: 978-3-903128-66-8 Published by the OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings Wallnerstr. 6, 1010 Vienna, Austria Tel: + 43 1 51436 6664 Fax: + 43 1 51436 6299 email: [email protected] © 2021 OSCE/Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings Copyright: “All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings as the source.” Vienna, 2021 Design: Tina Feiertag, Vienna Illustrations: shutterstock Cite as: OSCE Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings Traffi cking in Human Beings and Terrorism: Where and How They Intersect Analysis and recommendations for more effective policy responses (Vienna, 2021) The Organization for Security and Co-operation in Europe (OSCE) is a pan-European security body whose 57 participating States span the geographical area from Vancouver to Vladivostok. Recognized as a regional arrangement under Chapter VIII of the United Nations Charter, the OSCE is a primary instrument for early warning, confl ict prevention, crisis management and post-confl ict rehabilitation in its area. Its approach to security is unique in being both comprehensive and co-operative: comprehensive in that it deals with three dimensions of security – the human, the politico-military and the economic/environmental. It therefore addresses a wide range of security-related concerns, including human rights, arms control, confi dence- and security-building measures, national minorities, democratization, policing strategies, counter-terrorism and economic and environmental activities. PARTICIPATING STATES: Albania | Andorra | Armenia | Austria | Azerbaijan | Belarus | Belgium | Bosnia and Herzegovina Bulgaria | Canada | Croatia | Cyprus | Czech Republic | Denmark | Estonia | Finland | France | Georgia | Germany Greece | Holy See | Hungary | Iceland | Ireland | Italy | Kazakhstan | Kyrgyzstan | Latvia | Liechtenstein | Lithuania Luxembourg | Malta | Moldova | Monaco | Mongolia | Montenegro | Netherlands Norway | Northern Macedonia Poland | Portugal | Romania | Russian Federation | San Marino | Serbia | Slovakia | Slovenia | Spain Sweden | Switzerland | Tajikistan | Turkey | Turkmenistan | Ukraine | United Kingdom | United States of America | Uzbekistan ASIAN PARTNERS FOR CO-OPERATION : Afghanistan | Australia | Japan | Republic of Korea | Thailand MEDITERRANEAN PARTNERS FOR CO-OPERATION: Algeria | Egypt | Israel | Jordan | Morocco | Tunisia The materials in this publication are for general information purposes only, provided on an “as is” basis, without warranties of any kind, including fi tness for any particular purpose. The OSCE, specifi cally, does not make any warranties with respect to the accuracy or completeness of the information in this publication. The views, fi ndings, interpretations and conclusions expressed herein are those of the author(s) and do not necessarily represent the offi cial position of the OSCE and/or its participating States. To the extent permitted by law, the OSCE does not accept any liability for any loss, damage, liability or expense incurred or suffered, which may arise as a result of, or in connection with, the use of information contained in this publication. Offi ce of the Special Representative and Co-ordinator for Combating Traffi cking in Human Beings TRAFFICKING IN HUMAN BEINGS AND TERRORISM Where and how they intersect Analysis and recommendations for more effective policy responses 4 Traffi cking in Human Beings and Terrorism: Where and How They Intersect Table of contents Foreword 6 Acronyms 7 Terminology 8 Methodology and Scope 10 Disclaimer 11 Acknowledgements 12 Purpose of the Report 13 Executive Summary 14 Structure of the Report 17 Introduction: The OSCE approach to anti-traffi cking and Counter-terrorism 18 Part I: The legal framework: human traffi cking and terrorism 20 Introduction 21 The International Normative and Policy Framework for Preventing 21 and Combating Traffi cking in Human Beings The Normative and Policy Basis for Preventing and Combating Terrorism 26 Comparison of Policy and Legislation: Human Traffi cking and Terrorism 29 Part II: Research fi ndings 32 Introduction 33 Traffi cking acts used by terrorist groups 33 Traffi cking means used by terrorist groups 38 Traffi cking purposes of terrorist groups 46 Gender and age analysis of traffi cking in human beings by terrorist groups 50 Part III: Conclusions and recommendations for policy actions 54 Final observations and conclusions 55 Recommendations for policy action 60 References 64 Our publications Occational Papers 70 Annual Reports 71 Other publications 72 Traffi cking in Human Beings and Terrorism: Where and How They Intersect 5 Foreword In recent years, my offi ce has conducted a number of research projects drawing attention to the intersection between traffi cking in human beings and various other spheres, such as the fi nancial services industry, procurement practices and supply chains, and the technology sector, among others. This diversity of topics is a testament to how traffi cking in human beings is multi-faced, cross-dimensional issue that is connected to many aspects of modern society. It also highlights the need for a collaborative and co-ordinated approach to prevent and tackle its various forms and manifestations. Traffi cking in Human Beings and Terrorism: Where and How They Intersect examines yet another evolving area: the con- nection between terrorism and traffi cking in human beings. Despite the acknowledgement in various international reports of links between human traffi cking and terrorism, there remains a dearth of well-grounded research on them, as well as a scarcity of policy guidelines for effectively tackling both crimes while protecting victims. Against this backdrop, my offi ce launched a research effort to study the links between these two complex criminal acts to contribute to a better understand- ing of the issues involved. This paper is the product of several years of desk research, expert consultations and analysis of terrorism-related cases through a human traffi cking lens. It aims to fi ll the knowledge gap of legislators, policy makers and practitioners of the links between these two criminal acts and offers thoughts on counter-traffi cking mechanisms that could be applied in the terror- ism context. The foundation of this work has been a critical and comparative analysis of the normative and policy frame- works of human traffi cking and terrorism, as well as an analysis of illustrative examples collected from across the OSCE that involve various elements of traffi cking committed by terrorist groups. In this work, we have observed that terrorist groups appear to accrue human capital, tactical adaptability and ideological reinforcement for their organizations by employing traffi cking acts and means to exploit vulnerable adults and children for a variety of purposes, including sexual exploitation, forced labour and slavery, and even combat. Traffi cking of children by terrorist groups poses an especially serious challenge for OSCE participating States, since children and youth are more susceptible to the recruitment and exploitative strategies of terrorist groups. Given the severe human rights violations per- petrated in these crimes, this paper encourages States to identify intersections between human traffi cking and terrorism, and to implement joint prevention and protective strategies in line with human rights. This paper provides a unique comparative analysis of the legal and policy frameworks pertaining to human traffi cking and terrorism, whereby it acknowledges legal ambiguities in defi nitions and probes several relatively unexplored areas of the traffi cking–terrorism nexus within the OSCE region and beyond. These topics raise complex questions related to security, vulnerability, gender, justice, and human rights, particularly whether individuals associated with terrorist groups could be defi ned as victims or perpetrators. With the legal and practical complexities surrounding the traffi cking–terror nexus in mind, I hope this publication will serve as a useful resource for a broad range of stakeholders, including legislators, policymakers and law enforcement practitioners in the fi elds of both counter-terrorism and anti-traffi cking. Valiant Richey OSCE Special Representative and Co-ordinator for Combating Traffi cking in Human Beings 6 Traffi cking in Human Beings and Terrorism: Where and How They Intersect Acronyms APOV Abuse of power or of a position of vulnerability CECPT Council of Europe Convention on the Prevention of Terrorism CoE Council of Europe CRC Convention on the Rights of the Child CTDC Counter-Traffi cking Data Collaborative CTED (UN) Counter-Terrorism Committee Executive Directorate CTHB Combating Traffi cking in Human Beings FATF Financial Action Task Force FTF foreign terrorist fi ghter GCTF Global Counter-Terrorism Forum GRETA Group of Experts on Action against Traffi cking in Human Beings ICAT (UN) Inter-agency Coordination Group against Traffi
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