The acknowledgment that trafficking is a transnational crime that may require extradition, extraterritoriality and bilateral treaties
A human rights approach
Victim assistance and witness protection programs
Civil compensation mechanism
A migration law approach
Tools for prevention
Methods of curbing demand: two case studies were presented, Sweden and Macedonia. Sweden actively sanctions the client and those who solicit prostitutes. Macedonia sanctions the client if there was foreknowledge that the sexual worker was trafficked.
Equality of treatment for all actors – equal prosecution and punishment of both natural and juridical persons.
During the second panel discussion, “An Overview of Trafficking in Persons in Asia and Lessons for Latin American and Caribbean Countries (LAC),” the expert from the University of Thailand highlighted a wide variety of issues addressed in Asia, many of which are similar to the realities of women and children trafficked in Latin America. Among them, he emphasized the need to consider not only international trafficking but also the overlooked domestic or internal trafficking within the scope of any proposed legislation. He also stressed the conditions under which trafficking prospers: poverty, family disintegration, gender inequalities, criminal activity and corruption. He postulated the need for a comprehensive, gender-sensitive and victim-sensitive approach. He explained how trafficked victims are exploited, from forced labor and slavery to prostitution and organ removal.
He proposed a combat trafficking strategy that includes the 5 Ps: prevention, protection, prosecution, provision (help and recovery) and participation (cooperation, civil society, former victims). In furtherance of prevention, we should encourage public awareness through media campaigns, information exchange and training, tighter border controls and travel document security checks. Programs and practices that address trafficking, as such, can help prevent or reduce its impact. The training of NGOs and law enforcement, law reform, national focal points committees, safe return policies, public/private sector participation (hotel industry training in areas where at-risk girls are found), volunteer networks, participation programs, media campaigns and support from inter-government organizations (IGOs such as UNDP, ILO, UNICEF, and IOM).
Legislation on other important issues can have an incredible impact on the prevention of trafficking; laws regarding women, anti-corruption, money laundering, labor and anti-child pornography laws can help reduce its proliferation. On the dark side, legislation that regulates national or regional immigration, anti-prostitution and juvenile justice systems can have negative impacts on trafficked victims. A wide range of measures is needed to protect victims: legal assistance, counseling, shelter, medical help and safe return of the victim. To protect victims, governments should also enact victim and witness protection mechanisms and avoid incriminating victims on account of immigration infraction laws. Many of the current systems encourage deportation and provide little, if any, safe return. By immediately deporting trafficked victims, governments do not take into account the loss of possible witness testimony. They should also enact gender sensitive, victim sensitive and child responsive legislation to avoid repeatedly traumatizing the victims during prosecution.