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Government of India Training Manual for Prosecutors On Confronting Human Trafficking ACKNOWLEDGMENTS Mr. Gary Lewis, Representative, UNODC, Regional Office for South Asia The Working Group of Project IND/ S16: Dr. P. M. Nair, Project Coordinator Dr. Geeta Sekhon, Project Officer Ms. Swasti Rana, Consultant Mr. Varghese John, Admin/ Finance Assistant UNODC is grateful to Apne Aap Women Worldwide, New Delhi for developing this document: Ms. Ruchira Gupta Ms. Aparna Bhat Mr. Saurav Dutta Ms. Vinita Saraf Ms. Anjali Pathak Ms. Tinku Khanna Ms. Reecha Upadhyay Ms. Rajni B. Arora UNODC acknowledges the support of: Mr. Syed Raji Ahmed Rosedar, Directorate of Prosecution, Andhra Pradesh Mr. M. Bhaskar, Directorate of Prosecution, Andhra Pradesh Dr. Gopi Natha Reddy, IPS, Hyderabad Ms. Shobha Dhumaskar, Director of Prosecution, Goa Mr. Taj Mohammed, Deputy Director of Prosecution, West Bengal Mr. Sarfaraz Ahmed Khan, National University of Juridical Sciences, West Bengal Prof. D. Banerjea, National University of Juridical Sciences, West Bengal Government of India Training Manual for Prosecutors on Confronting Human Trafficking Training Manual for Prosecutors on Confronting Human Trafficking 2 © UNODC, 2008 Year of Publication: 2008 A publication of United Nations Office on Drugs and Crime Regional Office for South Asia EP 16/17, Chandragupta Marg Chanakyapuri New Delhi - 110 021 www.unodc.org/india Disclaimer This document has been developed by Apne Aap Women Worldwide for Project IND/S16 of United Nations Office on Drugs and Crime, Regional Office for South Asia. The opinions expressed in this document do not necessarily represent the official policy of the United Nations Office on Drugs and Crime or the Government of India. The designations used do not imply the expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country, territory or area or of its authorities, frontiers or boundaries. Poster developed by: Prajwala, Hyderabad Designed and printed by: ISHTIHAAR Tel: 91-11-23733100 Training Manual for Prosecutors on Confronting Human Trafficking 3 CONTENTS Author’s Note .............................................................................................. 5 Preface .................................................................................................... 6 Introduction .................................................................................................... 7 PART ONE Activities Day One: 1. Activity One: Ice-breaker ..................................................................................... 10 2. Activity Two: Initiation ........................................................................................ 12 3. Activity Three: Establishing objectives ................................................................ 14 4. Activity Four: Components of an effective training............................................. 16 5. Activity Five: Using topic lead-ins in training programmes ................................ 17 6. Activity Six: Motivational tools and techniques .................................................. 19 7. Activity Seven: Techniques for exploring values and attitudes ........................... 20 8. Activity Eight: Understanding the trafficked ....................................................... 23 9. Activity Nine: Discussing Legal and Procedural Issues / Wrap-up ...................... 26 Day Two: 1. Activity Ten: Warm-up and feed-back / Human trafficking: Basic facts and questions ..................................................... 28 2. Activity Eleven: Explaining the role of the prosecutor ........................................ 29 3. Activity Twelve: To Understnd Causes and consequences of good and bad prosecution ............................................................................................ 32 4. Activity Thirteen: Tools to protect victims ........................................................... 36 5. Activity Fourteen: Monitoring and evaluation .................................................... 38 6. Activity Fifteen: Closing ceremony ...................................................................... 39 PART TWO SAMPLE SESSIONS .................................................................................................. 41 PART THREE HANDOUTS 1. Pre-training Questionnaire .................................................................................. 46 2. Direct Experience ................................................................................................. 48 3. Sample Training Agenda ..................................................................................... 49 4. Sex and Gender .................................................................................................. 50 5. Resources .................................................................................................. 51 6. Learning Activity - 1 ............................................................................................ 52 7. Anti-Trafficking Quiz ........................................................................................... 54 8. Definition of Trafficking....................................................................................... 56 Training Manual for Prosecutors on Confronting Human Trafficking 4 9. The Indian Definition of Trafficking ..................................................................... 57 10. Check List for Prosecutors ................................................................................... 58 11. Problem Tree .................................................................................................. 60 12. Myths and facts about trafficked and prostituted women and girls .................. 61 13. Myths and facts of Legalization of trafficking ..................................................... 63 14. Post-training Questionnaire ................................................................................ 64 15. Learning Activity - 2 ............................................................................................ 65 16. Trafficking in human beings - An organized crime ............................................. 69 17. Who are the trafficked? ....................................................................................... 70 18. Difference between trafficking, migration and smuggling ................................. 72 19. Who are the criminals? ....................................................................................... 73 20. Who are the exploiters? ...................................................................................... 75 21. Criminal liability .................................................................................................. 76 22. Countries that have criminalized buyer and trafficker ........................................ 77 23. Trafficking in Indian Constitution and Laws ....................................................... 83 24. Extra Case Laws .................................................................................................. 86 PART FOUR Resources 1. Website Resources............................................................................................... 93 2. Bibliography .................................................................................................. 94 Annexure 1 Legislation/ Conventions and Protocols .............................................................. 97 Acronyms .................................................................................................. 99 Training Manual for Prosecutors on Confronting Human Trafficking 5 Apne Aap Women Worldwide D - 56 Anand Niketan New Delhi 110 021 Phone: +91-11-24110056 www.apneaap.org Author’s Note With great pleasure I would like to present the Training Manual for Prosecutors on Confronting Human Trafficking. The Manual will enable prosecutors to treat trafficked persons as victims rather than criminals and confront the demand for human trafficking by providing the tools to prosecute and convict traffickers, and end exploitation. Victims and survivors of trafficking, international and national experts, activists, lawyers, prosecutors and members of the judiciary have supported the development of this Manual with ideas, advice and case studies. I acknowledge their contribution and support, even if I cannot name them all. I would also like to thank UNODC for their financial and technical support especially Mr. Gary Lewis, Representative UNODC ROSA and Dr. P. M. Nair, Project Coordinator, UNODC. I hope that this Manual will empower prosecutors and others in the anti-trafficking movement to confront the epidemic of human trafficking. Ruchira Gupta Executive Director Apne Aap Women Worldwide [email protected] Training Manual for Prosecutors on Confronting Human Trafficking 6 Preface Trafficking of women and children is one of the gravest organized crimes and human rights violations, extending beyond boundaries and jurisdictions. Combating and preventing human trafficking requires holistic approach by all stakeholders with integrated action on prosecution, prevention and protection. Keeping this philosophy in mind, Project IND/S16 of the United Nations Office on Drugs and Crime, which is a joint initiative of UNODC and the Government of India, funded by the US Government, has undertaken several initiatives ever since its launch in April 2006 in India. This project is focused on “Strengthening the law enforcement response
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