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20YEARS ENAFRON Research ASSESSMENT OF TRAFFICKING IN PERSONS IN THE BORDER AREAS October 2013 MINISTRY OF JUSTICE NATIONAL SECRETARIAT OF JUSTICE National Secretary of Justice Paulo Abrão Director of the Department of Justice, Classification, Titles and Qualification Fernanda Alves dos Anjos Interim Anti-Trafficking Coordinator Lucicleia Souza e Silva Rollemberg UNODC – UNITED NATIONS OFFICE ON DRUGS AND CRIME Representative of the UNODC Liaison and Partnership Office in Brazil Rafael Franzini Coordinator of the Governance and Justice Unit Rodrigo Vitória Coordinator of the Crime Prevention and Public Safety Unit Nívio Nascimento Project Assistant Elisa Ribeiro ICMPD - INTERNATIONAL CENTRE FOR MIGRATION POLICY DEVELOPMENT Research Officer Claire Healy Research Coordinator in Brazil Alline Pedra Jorge Birol Research Assistant Cíntia Yoshihara Project Assistant Edgar Federzoni dos Santos Local Researchers Anamaria Marcon Venson, Cíntia Yoshihara, Eduardo Caetano da Silva, Liliana Lopes Sanjurjo, Luísa Luz da Souza, Mariana Wiecko V. de Castilho, Maurício Rebouças and Ricardo de Lacerda Ferreira. Translator Claire Healy 6 WORKING DEFINITIONS 14 LIST OF ABBREVIATIONS 16 FOREWORD 19 1. INTRODUCTION 20 1.1 Trafficking in Persons: Legal and Conceptual Framework 28 1.1.1 Trafficking in Persons and Criminal Legislation 33 1.1.2 Trafficking in Persons, Migrant Smuggling and Irregular Migration: Conceptual Commonalities and Distinctions 36 1.2 Trafficking in Persons and the Border Areas of Brazil 40 1.3 Justification for the ENAFRON Research 45 1.4 Objectives of the ENAFRON Research 48 1.5 ENAFRON Research Methodology 56 1.6 Description of the Geographic Scope of the ENAFRON Research 58 Northern Axis 68 Central Axis 72 Southern Axis 81 1.7 Time Period covered by the ENAFRON Research 85 2. OVERVIEW OF TRAFFICKING IN PERSONS: INTERNATIONAL, NATIONAL AND IN THE BORDER AREA 88 2.1 Profiles of Trafficked People 90 2.2 Forms of Exploitation 93 2.3 Modus Operandi and Trafficker Profiles 95 2.4 Flows and Trafficking Routes 99 2.5 Trafficking Cases: Occurences and Proceedings 103 3. MIGRATION IN THE BORDER AREAS 109 3.1 Migration Flows and Entry and Exit Points in the Border Areas 112 3.1.1 International Emigration 113 3.1.2 International Immigration 116 3.1.3 Internal Migration 118 3.2 Migration by Specific Groups 120 3.3 Mixed flows of irregular and regular migrants, humanitarian migrants, migrant smuggling and trafficked people in the border areas 4 CONTENTS 127 4. TRAFFICKING IN PERSONS IN THE BORDER AREAS 131 4.1 Forms of Trafficking in Persons 149 4.2 Profiles of Trafficked People 157 4.3 Modus Operandi of Criminal Groups and Agents 163 4.4 Criminal Acts Committed in Conjunction with Trafficking in Persons 165 4.5 Trafficking Routes 183 5. NETWORK TO COMBAT TRAFFICKING IN PERSONS AND ASSIST TRAFFICKED PERSONS IN THE BORDER AREAS 189 5.1 Assistance Network for Trafficked People 194 5.2 Institutional, Inter-Sector and International Cooperation among Anti-Trafficking Stakeholders 197 6. SETTING UP ADVANCED MIGRANT ASSISTANCE CENTRES (AMACS) IN THE BORDER AREAS 198 6.1 Analysis of the Necessity, Feasibility and Sustainability of AMACs in the Border Areas 199 6.1.1 Necessity Analysis 200 6.1.2 Feasibility Analysis 202 6.1.3 Criteria 203 6.2 Recommendations for setting up AMACs in the 11 states in the border area 204 6.2.1 Northern Axis 208 6.2.2 Central Axis 210 6.2.3 Southern Axis 215 7. CONCLUSIONS AND RECOMMENDATIONS 227 8. REFERENCES 239 APPENDICES 240 Appendix I – Sources of Statistical Data 190 242 Appendix II – Field Research Mission Agendas and List of Stakeholders participating in the Research in the States of the Border Area (Interviews and Visits) 261 APPENDIX III – Stakeholders Participating in the Research at Federal Level (Questionnaires) 214 263 APPENDIX IV – Other Data and Sources 216 5 These working definitions were developed on the basis of existing literature, and national and international legislation on trafficking in persons and migration. Trafficking in Persons and Related Concepts This research applies the definition of trafficking in persons as per Article 3 of the Protocol to the United Nations Convention against Transnational Organised Crime, to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, adopted in New York on 15 November 2000 (“Palermo Protocol”, transposed in Brazil by Decree no. 5,017 of 12 March 2004). “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring 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 Trafficking in of payments or benefits to achieve the consent of a person having control Persons 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 labour or services, slavery or practices similar to slavery, servitude or the removal of organs. Note – Brazilian criminal legislation foresees trafficking in persons only with the purpose of sexual exploitation. However, the National Anti-Trafficking Policy (Decree no. 5,948 of 26 October 2006) adopts the concept of trafficking in persons for the purpose of various forms of exploitation, in accordance with Article 3 of the Palermo Protocol. Irregular migration is when a person enters a country other than that of their citizenship or regular residence without the necessary legal permit or visa, or when a person resides in a destination country without Irregular authorisation, because their permit or visa has expired, or when a person Migration works in a destination country without being authorised to do so (Guia de Referência para a Rede de Enfrentamento ao Tráfico de Pessoas - Teresi & Healy, 2012). “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, from the illegal Migrant entry of a person into a State Party of which the person is not a national Smuggling or a permanent resident (Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime). Complex population movements where refugees and asylum applicants, Mixed whose reasons for leaving their countries are related to the need for Migration international protection, are found together with economic migrants, both Flows documented and undocumented, and trafficked persons, using the same routes and, in some cases, facing similar dangers (Silva, 2011). 6 WORKING DEFINITIONS The Act Recruitment occurs in the country of origin, transit or destination of a person, when a physical person or the representative of a legal entity seeks to persuade a victim to take the journey. It has been observed Recruitment that recruitment can be carried out by various means, such as in person, through friends or relatives, through newspaper ads or on the internet. Transportation covers various methods of travel and the facilitation Transportation/ of entry to the place of destination. Transfer is the act of facilitating Transfer transit between countries, regions, cities or places. Harbouring indicates the physical space where trafficked people Harbouring are accommodated, during the journey or at the places of transit or / Receipt exploitation. The receipt of persons is the act of receiving trafficked people at the final destination or at the place of exploitation. The Means Threat / Use of Force When the trafficker uses force, threat or another form of physical, or other Form of moral or psychological coercion in order to obtain the consent of Coercion the trafficked person to the transportation and/or the exploitation. Consent obtained in this manner is called invalidated consent. Abduction / False When the trafficker abducts the trafficked person or falsely imprisons Imprisonment them with the intention of transporting them. Abuse of Power When the trafficker uses their power - for example, in a hierarchical or of a Position of relationship - or the position of vulnerability of the person to be Vulnerability trafficked - financial or familial difficulty - to force them or obtain their consent for transportation. When the trafficker uses fraudulent means, such as false employment Fraud / Deception contracts, or makes deceitful promises like that of a decent salary, or marriage, in order to obtain consent for transportation from the person to be trafficked. Giving or Receiving of Payments or Benefits When the trafficker pays or receives benefits in return for convincing to Achieve the the person to be trafficked or a person with control over them to the Consent of a Person trafficking, for example, by means of an advance payment. Having Control Over Another Person 7 The Forms of Exploitation / Purpose of the Act This is the means by which an individual obtains financial gain through the prostitution of another person or through sexual violence carried out against another person. It is the only form of trafficking in persons foreseen in Brazilian criminal law. In this case, prostitution Sexual exploitation may take place in various ways such as in brothels, on the street, in clubs, bars, apartments, massage parlours, hotels, through escort services, or by companies that produce pornographic products (films, magazines, etc.). However, sexual exploitation is not restricted to the exploitation