Human trafficking - slavery ХХI century
Illegal migration, the growing gap between rich and poor countries, global economic restructuring, economic problems within the country, unemployment, on the one hand, and on the other - demographic challenges and the growing demand for labor in the service and entertainment industries, as well as the spread of transnational organized Crime, advances in information technology and the development of transport - all of these global processes have led to the fact that such a thing as human trafficking, acquires considerable extent.
Human trafficking has become a global problem that exists all over the world, and profit from human trafficking syndicate brings from $ 7 billion annually. According to experts, from 2 to 4 million people worldwide are victims of trafficking, in particular, in Russia every day about 300 people get into situations of slavery and human trafficking.
Human trafficking - a modern form of slavery, which is accompanied by the most brutal human rights violations. As a result of the crime of human personality into an object of manipulation, the thing that you can buy and sell.
necessary to illuminate this issue, to bring to the attention of the whole society and think about what is human trafficking, how to fight, how to prevent this phenomenon and how to help victims.
Defining trafficking in persons and legal framework
In order to successfully combat this crime, you need to know some basic definitions, forms of trafficking and the steps that the international community and Russia is doing in the fight and prevent trafficking.
At the 55th session of the General Assembly of the United Nations (UN) in 2000 was adopted the Convention against Transnational Organized Crime ("Palermo Convention").
In addition to this Convention adopted two of the Protocol relating to specific types of transnational organized crime, of particular concern to the States - members of the UN.
Protocol against the Smuggling of Migrants by Land, sea and air concerns growing problem of criminal groups engaged in import and export of migrants. It is often associated with a greater risk to workers, but it brings revenue to criminals. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and Punish Trafficking in Persons ("Palermo Protocol") concerns the problem of modern slavery.
In September 2004, Russia ratified the Convention and its protocols, so the definition of trafficking contained in the Palermo Protocol against Trafficking in Persons , has entered into national law.
Trafficking mean the recruitment, transportation, transfer, harboring or receipt of persons by threat or use of force or other forms of coercion, of abduction, of fraud, deception, abuse of authority or position of vulnerability or the giving of payments or benefits to achieve consent of a person having control over another person. 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 3a UN Protocol "On Preventing and Combating Trafficking in Persons, especially Women and children, and Punish Trafficking in Persons ").
However, in terms of criminal law rules of the Protocol of the Russian Federation do not have direct effect. At the national level, a definition in the Criminal Code of the Russian Federation (CCRF).
After the ratification of the Palermo Convention and its additional Protocols to the Criminal Code's articles 127.1 and 127.2, classified as a serious crime. It should be noted that the definition of trafficking and exploitation made to the Criminal Code, which generally correspond to the definitions of these terms set out in the Palermo Protocol.
Article 127.1. Criminal Code Trafficking
1. Trafficking in human beings, that is, buying and selling of a person or his recruitment, transportation, transfer, harboring or receipt of, committed to its operation, shall be punished by imprisonment for a term of 5 years.
2. The same action committed:
a) in respect of two or more persons;
b) in relation to a minor; ) by a person using his official position,
d) displacement of the victim through the frontier of the Russian Federation or illegally holding him abroad;
e) with the use of forged documents, as well as withdrawal, concealment or destruction of identity documents of the victim; e) the use of violence or threat of force,
g) in order to eliminate the victim's organs and tissues, is punished with imprisonment for a term of 3 to 10 years.
3. Deeds provided for by paragraphs 1 and 2 of this Article:
a) negligently caused death, serious bodily injury, or other serious consequences;
b) by a method dangerous to life or health of many people,
c) or an organized group, shall be punished by deprivation of sentence of 8 to 15 years.
1. A person who has committed the act. Provided by paragraph 1 or paragraph "a" of Part 2 of this article, which liberated the victim and voluntarily contributed to the disclosure of the offense shall be exempt from criminal liability if his actions do not contain other crime.
2. The exploitation rights in this article refers to the use of prostitution by other persons and other forms of sexual exploitation, slave labor (services), involuntary servitude.
Article 127.2. The use of slave labor
1. The employment of a person in respect of which the powers attaching to the right of property in case of a person due to circumstances beyond his control can not refuse to carry out the works (services), shall be punished by imprisonment for a term of 5 years.
2. The same action committed: a) in respect of two or more persons; b) in relation to a minor; c) a person using his official position; g) using blackmail, violence or threat of force; e) withdrawal, concealment or destruction of identity documents of the victim shall be punished with imprisonment for a term of 3 to 10 years.
3. Actions envisaged in parts 1 or 2 of this Article which negligently caused death, serious bodily injury of the victim or other grave consequences, or an organized group, shall be punished by imprisonment for a term of 8 to 15 years.
The basic forms of human trafficking
The following main forms of human trafficking, which differ in scope, in which the exploitation of people:
• Trafficking in persons, especially women and children for sexual
- the organization for "civil" prostitution
- for the organization of prostitution in the field of military action and distribution
- the organization of sex tourism
- for the production of pornography (especially the use of children
of both sexes for this purpose).
• Trafficking for exploitation of slave labor, including:
- in "sweatshops"
- in informal and shadow economy
- The production of counterfeit goods
- In the household (domestic slavery)
- Child labor (washing machines, work in agriculture, etc.), and another.
• Trafficking in persons, especially children and the disabled, to begging, including:
- the use of children
- the use of persons with disabilities
- "rent" infants for begging.
• Marriages for the operation (including the use of "mail-order brides"), including:
- for human use in the household (maids, etc.)
- for forced pregnancy and childbirth
- for maintenance of sick and elderly relatives, children, etc., and more.
• Trafficking in persons for forced surrogacy and reproductive functions.
• Trafficking in persons for forced organ and tissue transplantation.
• Trafficking of children for forced adoption / adoption.
• Trafficking for use in armed groups.
• The use of soldiers for forced labor.
The list remains open, since human trafficking - a very dynamic phenomenon, and the criminals involved in this business, flexibly adjust to the taken measures against them, under the changing socio-economic and political situation, and new forms of crime.
According to experts, the use of slave labor - the most common form of human trafficking in Russia.
Forms of exploitation and production methods in relation
Forms of exploitation and production methods of human subject as diverse as the areas of operation.
Among the most common forms of exploitation include:
forced labor, sexual, or other services, forced to work without pay or with uncertain prospects of payment, deprivation of liberty of action and orders the results his work, fraud, coercion to work without an employment contract, long hours, with increased intensity, etc., non-payment of the money earned illegal ban on dismissal (employee retention), handling employees, transfer to another employer without the employee's consent, use for other (other than principal) works without the consent of the employee.
Ways staging rights in relation to operating conditions and
also in many guises:
the removal and retention of documents, debt bondage, physical violence or threat of violence, psychological abuse, intimidation (eg, threats of deportation for illegal immigrants, the threat in relation to the victim's relatives, blackmail unwanted publicity information, such as prostitution, etc.), restrictions on freedom of movement, communication with relatives and others
Each of these forms and manifestations of exploitation of man, which are associated with human trafficking, can in turn be used in different models and vary depending on the circumstances. For example, debt bondage (bondage) can be shown as debt issued for the employer or agent "credit" (for housing, clothing, etc.), as a "designated" duty "penalty" for any infraction, fabricated embezzlement, etc. Working without pay is also possible in many forms: withholding wages "to pay at the end of work", illegal deductions, delivery (eg illegal immigrants), the police instead of their salaries, etc.
The main causes of trafficking in persons and risk groups in Russia
Among the main causes contributing to the emergence and development of human trafficking are the following:
• Low standard of living of the population, especially in economically underdeveloped regions, which limits access to many groups of productive employment, education and other opportunities;
• The existence of the shadow economy, which increases demand on cheap migrant labor, and increased opportunities for labor exploitation;
• A large number of illegal and often criminal intermediaries providing placement services for both Russian citizens and for migrants, aid workers in the processing of the necessary permits, documents, etc., as well as presence of corruption and lack of legal regulation of certain matters;
• Insufficient number of targeted information campaigns, allowing to obtain reliable information about the existing legal possibilities in the field of migration and employment;
• The crisis of the family (an increase of domestic violence, neglect of children, etc.)
This list could be continued, since the roots of human trafficking and are in the field of economic and social, cultural and moral relations.
Causes and determine the risk from the standpoint of getting into the situation of human trafficking.
The risk of being a victim of exploitation and human trafficking as relevant for much of the population in Russia, and for migrants.
The prevalence of informal employment without the usual conditions of social protection contributes to the fact that increases the risk of being subjected to labor exploitation in one form or another.
Who may be at risk? (See table)
It is important to know that the slave might be hiding under the guise of organizations such as:
• modeling agencies;
• the firm's employment to work (at home and abroad);
• international dating service;
• international exchange student clubs;
• language courses abroad;
• travel agencies and travel agencies.
We should also mention that the slave can become friends, neighbors and even relatives.
In order to protect themselves and their relatives, friends and acquaintances from the risk of falling into the situation of human trafficking, we must know and observe some of the recommendations .
High-risk groups and forms of exploitation
|Trafficking for sexual exploitation||young women, especially those with low education, unemployed, persons engaged in sex work, persons with low income, migrants, children, especially those from disadvantaged families and orphanages.|
|for forced labor (slave labor)||Men and women young and middle age, low education, migrants, unemployed persons with no fixed abode, and children from disadvantaged families, orphans.|
|to begging||children from underprivileged families and orphans, disabled persons, persons of no fixed abode.|
|with the purpose of illegal adoption / adoption||vulnerable families, families with low incomes, large families, single mothers, including migrant|
Tips and tricks: how to avoid becoming a victim of trafficking
General recommendations for Russian citizens traveling abroad
Leaving abroad, including a guided tour, you need to prepare carefully and check that everything was done to ensure that you have not experienced problems which could have been avoided. The language barrier, other legislation, ignorance of the most important traditions and customs of the host country, and not taken time to visit the elementary precaution, all this may make it difficult to stay and lead to consequences as dangerous to your financial and physical security.
If you have any questions during the preparation of a trip, you should consult with appropriate specialists. This directory contains contact numbers of organizations that provide such advice for free.
Before going abroad should first check whether all the necessary documents are prepared properly.
1. Passport. Carefully verify the correctness of the records of all the basic information (name, date of birth, passport validity), especially if the new passport. According to the legislation of a number of passport validity shall end no earlier than six months after entry into the country. If in a civil passport (PCR) registered the children, you should check these loyalty of their information and photographs for the presence of children over 6 years. The passport should have no damage, stains, and foreign records. While abroad, carry the passport, do not give it to anyone for storage or as collateral.
2. Availability of visas in the countries with which the entry visa is installed. It should be borne in mind that by "Schengen visa", you must first enter the country which issued the visa, and only then move on "Schengen space". In some countries (eg Turkey) visas for holders of Common passports are issued directly at the airports.
3. If a trip to the country of destination by transit through the territory of other states, you should consult in advance of travel agent or consular offices of states that you intend to visit en route, the need for transit visas as well as the duration of such visas to the date of return.
4. Travel documents for all modes of transport should be issued on the same last name as listed in the passport. Check that your route and dates of entry and exit fully in line with what is written on the ticket.
5. Do not forget to take a trip to the original travel vouchers, official invitations.
6. Pay special attention to health insurance. Choose the audited agencies, clearly ascertained by obtaining an insurance policy, what medical services you must provide the insurance in the country and how they are paid. Neglect of health insurance may result in large expenditures in the event of sickness, accident case or transportation of the deceased.
7. It is recommended to make a photocopy of the ticket, passport (both foreign and domestic) with biographical information, visas, stamps of registration, driver's license (if applicable), credit cards, tour-voucher, or invitations. Be sure to bring a spare passport photos, including including children. In case of lost passport documents will greatly simplify the procedure of registration certificate to return to Russia. It is also useful to keep a copy of the passport to relatives or friends, so that if necessary it can be quickly sent via fax. Confirm your identity in the absence of documents you can two witnesses who are citizens of the Russian Federation. Keep copies should be separate from the originals.
8. When concluding an agreement with a travel agency, we recommend to check with her staff all the nuances of stay in a foreign country. Write down phone numbers and address of a travel agency in the country of destination. It has a duty to assist you during your holiday, especially in regard to placement, the conditions of stay, level of service and food. The functions of the consular service of these issues are not included.
9. We recommend, whenever possible, to learn about the state of stay: political environment, climatic conditions, laws and customs, behavior in public and other places. All this information can be found on the Internet. If you do not speak the language of the host country, if possible bring a phrase book and the written text for help in the language of the host country for the possibility of recourse to the special services or the police.
10. It is also recommended to find and written in his notebook (or in the phonebook of your mobile phone) all the important phone numbers and addresses, you may need from abroad: phone the Russian Consulate in the country / city of your future residence, police, emergency services (crisis services ), etc., as well as phone numbers nepravitelsvennyh and international organizations providing assistance to people in emergency situations and victims of various types of crimes. This information can also be found on the Internet.
11. Leave the family, friends complete information about your future locations abroad. Tell them the address and phone companies that adorned your travel abroad, as well as the names of its leaders. Upon arrival, contact with his family, friends, etc. in Russia and, if possible, continue to maintain regular contact with them by mail, telephone or via the Internet.
12. Think before you go and tell your relatives, friends, a code word (phrase), which means that you are in danger and need help. There are emergency situations (in the case of kidnapping, forcible confinement, etc.), when a telephone conversation takes place under the control of criminals, and the only way to know the families that need help - paste the code phrase. It should be very simple and estvestvennaya phrase that will not cause suspicions of criminals. Before the trip in advance, leave family, friends, information about where to seek help if they have received from you like an alarm. Additional recommendations for Russian citizens traveling abroad for work, study or the purpose of marriage
Employment of Russian citizens abroad
It should be noted that issues related to the design of the overseas employment are relevant for Russian citizens. If you are a citizen of Russia and decided to work abroad, you need to know more about their rights and responsibilities, as well as the rights and obligations of intermediary firm of the future employer.
You have the right to an independent job search and employment outside the the Russian Federation.
In order to exercise the right to work abroad, a citizen of the Russian Federation should have on hand as a minimum:
1. current Russian passport;
2. a valid entry work visa or other authorization to enter the country intended employment. Procedure for registration of a permit for entry into a country to work independently regulated by each country taking into account their national circumstances and requirements of international law and national legislation.
Your work abroad Russia is governed by the labor legislation of the country of reception, as well as international rules of labor migration, If the receiving country recognizes these rules.
However, the State guarantees the protection and patronage outside of Russia. For example, Art. 61 Russian Constitution guarantees the provision. The protection and patronage of Russian citizens is enshrined as art. 4 of the Federal Law of 15.08.96 № 114-FZ "On procedure of exit from the Russian Federation and Entry to the Russian Federation" (as amended). Diplomatic missions and consular posts of the Russian Federation must provide measures to protect you and give you protection in the manner determined by Russian law and international treaties of the Russian Federation.
When searching for work abroad, do not settle for part-time work offers illegal. If you work illegally, you can not get a decent wage, implement the provisions of social security (such as medical assistance if necessary) and will become totally dependent on your employer.
Remember to leave for work abroad, need a work visa. In most cases, a visa for temporary stay of foreigners does not entitle you to work. If you offer to go to work on a tourist visa or another, it shows bad faith or incompetence company proxy.
When you leave employment in order to make sure that your existing type of visa allows for employment training. If you have any questions, you may wish to consult with independent lawyers.
It should be emphasized that, as a rule, work permits must register prior to departure, contact the consular office of the State. Do not trust the promises that you will be able to enter the country on a tourist visa, and all the necessary formalities will be settled on arrival. If you work, not properly filling out documents such as work permits, it will be a violation of the laws of the host country for which you may be fined, deported and denied entry into the long term.
Do not settle for bad deals, so as not to expose themselves of danger.
Carefully read the proposal of the employer and verify that the paperwork on the job. Turning to the firm of employment, ensure the reliability of the organizations with which you have to deal - as the host of foreign companies and Russian mediation firm.
You must know that working abroad is best to look not most, especially because it can lead or too long to search, or to stay long term without a livelihood. If you're determined to seek work abroad, the best you can to help specialized employment agencies, state licensed for this activity.
All Russian companies involved in design of the Russian citizens travel abroad to work, must be licensed. A list of these agencies you can get at the Russian Federal Migration Service or the FMS of Russia in Moscow.
Only in the specialized agencies, you can get real information about temporary and permanent work in different countries on legal and illegal work, skilled and unskilled, which requires knowledge of foreign languages and does not require, and in these cases do. You can get all the information regarding the order of job searching, organizing travel, living conditions are extremely necessary for people, are going to play overseas, as well as visa procedures and legal registration of the exit. You will be able to clearly understand the prospects for such work. When applying for a job abroad you should enter into a contract with an organization that offers such services.
license by the intermediary or agency to operate the employment of Russian citizens abroad shall be issued for 5 years. The license must be in the office in a conspicuous place. Do not rely on photocopies, stories about the recent relocation or loss of license, it indicates unreliability of the organization. Check the availability of a valid license from a company you can the Federal Migration Service of Russia, as well as advice on firm-licensee may be obtained from the Center for Information and Consultation of IOM's bodies. 8 800 333 00 16 (toll-free to subscribers of any region of Russia).
Before signing the contract you should check with the company's proxy documents that it should have:
• a contract with a foreign employer or the foreign intermediary organization with operations on employment of foreigners the employment of Russian citizens abroad;
• notarized copies of documents confirming the legal status of the foreign employer or the foreign intermediary, working with the company and that it has a license to operate the employment of foreign nationals, if such permission is required in accordance with the laws of the State where the organization operates;
• a written request to the foreign employer or the foreign intermediary firms on the number of required Russian workers, their work, qualifications, working conditions and wages, as well as of the date of the request. Before you sign a contract, make sure it is written in plain language and clear all the items. If in doubt, consult an independent lawyer for advice. Before signing the contract, it is necessary to study, paying attention to small items.
Remember that you must sign two contracts:
• a firm that employs you (a company involved in overseas employment can only be licensed to provide advisory services on employment);
• with an employer who agrees to employ you in a foreign country. The contract is made in two languages (Russian and the country in which you are leaving). You need to check the correctness of the translation. Thus, the intermediary firm should enter with you into a contract providing for the following responsibilities:
• to provide you with services related to obtaining a work visa or other authorization to work in a foreign country - if they receive required under with the laws of a foreign state and you want these services you were provided;
• to provide you prior to your departure abroad attested by the head of the written information about the foreign employer, place of work in a foreign country, you order a meeting abroad and travel to and from work residence of diplomatic missions and consular offices of the Russian Federation in the foreign country.
• There should also be reflected price and order payment intermediary firm, the duration of the contract, the liability of the parties for breach of contract. The presence of such a contract, in case of bad faith mediation firm, will serve as a basis for going to court on the issue of redress and compensation for moral damage.
The contract with the employer abroad should include the following:
name and surname hired, date of birth, nationality, details employer, the period for which a contract, job description and function, the procedure for payment, the duration of work and working hours, provision and vacation time, social welfare, the cost of travel, housing and nutrition. you should alert the language in which states that the organization takes money from you to store up to expiry of the contract, deduct from the amount owed to you storing cash and retains a percentage of earned you money. When a company you are employed abroad or sending you to school, internship, etc. ., demanding money for consulting services and preparation of documents, receive a document confirming the payment of money (cash order, bank kvitatsiyu). Money is better to transfer through a bank to the account of the firm. Just having the supporting documents, we can prove the fact of payment. Pay attention to the level of pay for such work that you offer - Whether it is the present pay of such labor in the country where you promise to provide jobs. An indication of the level of remuneration can be found at the embassy or konsultstve this country to Russia. Think about how you will carry the money (it is best to draw a map.) should strictly follow the recommendations of the firm, which has helped your employment while abroad do not use the services and advice the first comer. Always carefully and respectfully to local laws and traditions of the host country. Before going abroad to study, work or residence should legalize your documents in advance. This primarily relates to the documents on education, certificates issued by the Civil Registry Office, the documents relating to property relations and social welfare issues.
Travel abroad with the purpose of marriage
Those planning to marry a foreign national from outside the Russian Federation, it is recommended to get ahead and legalize the documents necessary for this purpose in accordance with the laws of the State in which you intend to register the marriage.
Please note that the Russian consular missions abroad under bilateral consular conventions concluded by the Russian Federation with foreign states, as a rule, do not register marriages in which only one party has Russian citizenship. In such cases, marriage can be contracted to the authorized bodies of the host country. In order to issued their certificate of marriage recognized in Russia, they must be legalized by the diplomatic mission or consular post of the Russian Federation, unless otherwise stipulated by an international treaty to which it participates.
Russian citizens traveling abroad for marriage and / or Living with her husband, a foreigner, be pre-acquainted with the peculiarities of the legal status of foreigners in the State. It should be borne in mind that in some states the rights and obligations of spouses of foreigners are regulated by laws different from the Russian law. Particular attention should be paid to the legal status of children born in marriages with foreigners, including the order of acquisition of Russian citizenship, as well as how local law determines the rights of parents and children in divorce cases.
If you want to use the services of marriage agency (including including international), please read the documents, experience in this field. Enter into a contract for services to understand your language.
While abroad, in any case do not give your passport to keeping the employer or the person with whom expected to marry. Criminals can use your documents in order to blackmail and restrictions on freedom of movement. Documents proving your identity, should be only you. Take the money to cover transportation costs for the return home, or purchase a return ticket. Note the correspondence of the visa. Being in the country beyond the period specified in the visa, means a violation of the laws of the host State, which may make it impossible for your next entry in this country. We recommend that citizens who arrived in a foreign country for a sufficiently long period - in order to study, work or residence to register with the nearest to your place of residence of the Russian diplomatic mission or consular office. While not mandatory, the registration will allow you to solve many problems without having to travel to Russia (participation in elections and referenda, a passport, registration of civil status, etc.), as well as facilitate your evacuation in case of a receiving state of hostilities, riots, natural disasters.
In preparing this article, we used the following materials:
1. "Human Trafficking in the Russian Federation." Review and analysis of the current situation. The publication of the Working Group of UN / IOM on trafficking (ILO, IOM, YURISEF, UNDP, UNFPA, UNODC). Source of information - Office of the Resident Coordinator of the United Nations in the Russian Federation. Report prepared by EV Tyuryukanova jointly with the "Urban Institute." Moscow, 2006.
2. Materials and analytical report on the investigation of the trafficking situation in the project "Prevention of Human Trafficking in the Russian Federation", funded by the European Union and implemented by the International Organization for Migration (IOM) in Russia. The author of the report - EV Tyuryukanova.
3. Memo prepared by the following organizations: Autonomous Nonprofit Organization "Center of the Far East"; Crisis Centre "Ekaterina", Kaliningrad regional youth NGO "Center: Youth for freedom of speech", Perm Center assistance to victims of violence and human trafficking, etc.