By Rebecca Nhep and Kate van Doore

Orphanage trafficking is a type of child trafficking that involves the recruitment and/ or transfer of children to residential care institutions, for a purpose of exploitation and/ or profit. It typically takes place in developing countries where child protection services systems are highly privatised, under-regulated, and primarily funded by overseas sources. In such circumstances, residential care is used prolifically and inappropriately as a response to child vulnerability, including lack of access to education.

THE RISE AND FALL OF FRAUDULENT INTERCOUNTRY ADOPTIONS

The trafficking of children into orphanages in Cambodia was originally associated with fraudulent intercountry adoptions in the late 1990s. Orphanages were a transit destination where trafficked infants would be transferred, harboured and represented as orphans eligible for intercountry adoption. Each child would attract fees of up to USD $20,000 paid by adoptive parents. A number of stakeholders profit from this practice, including adoption agencies, brokers, buyers, child recruiters, officials involved in issuing fraudulent documentation and the directors of the institutions where children were harboured. Evidence of the widespread practice of trafficking of Cambodian children for intercountry adoption came to light in 2001. The industry was largely shut down as countries, most notably the US, closed their borders to adoptions from Cambodia. The primary US adoption agency and adoption broker at the centre of the largest racket were prosecuted in the US under visa fraud and money laundering charges. In Cambodia, human trafficking charges were brought against three orphanage staff involved in the trafficking; however, none progressed to prosecution, with charges in all three cases ‘quietly dropped’.

Since then, the Law on Intercountry Adoption and supporting regulations have been introduced in Cambodia to meet its obligations under the Hague Convention aimed at eradicating fraudulent international adoptions. Specific offences were also included in the 2008 Criminal Code to enable the prosecution of prohibited conduct with respect to the facilitation of adoption. Adoption was also included as a specific purpose for trafficking offences in the Law on Suppression of Human Trafficking and Sexual Exploitation 2008 (TSE Law). Intercountry adoption from Cambodia remains largely closed whilst critical child protection and care system reforms are implemented. Such reforms are necessary to ensure intercountry adoption is used as an option of last resort for children for whom all domestic possibilities have been genuinely explored and exhausted.

Brisbane: Law Futures Centre, Griffith University , 2021. 67p.

By Polaris

We have long known human trafficking to be a pervasive and versatile crime, as traffickers and exploiters adjust to changing environments. The COVID-19 pandemic showed us the profound adaptability of human trafficking. A global pandemic did not stop or impede trafficking from happening and, with few exceptions, did not seem to change how it happens or to whom it happens. In this report, we examine data from the National Human Trafficking Hotline from January 2020 through August 2022 and explore a snapshot of the top findings of human trafficking during the calamitous pandemic years. We provide top trends and answers to questions we typically report on as a part of our data analysis, and introduce how select trends that began early in the pandemic changed or continued as the crisis evolved. 

Washington, DC: Polaris, 2024. 10p

By Anniina Jokinen, Natalia Ollus and Anna-Greta Pekkarinen

THIS REVIEW examines the development, regulation and combating of labour trafficking and the exploitation of migrant labour on the basis of an extensive selection of written materials and previous literature. The review highlights findings regarding key actors, their roles, and the most significant changes that have taken place in Finland. In addition, the review briefly analyses Finnish legislation and case law and makes a comparison with other Nordic countries. Finally, an assessment of Finland's approach to tackle labour exploitation and the factors that have led to Finland's current situation is presented, and existing gaps are identified. According to the review, Finnish authorities have in many ways a better ability to tackle labour trafficking and to support its victims than the authorities in the other Nordic countries. Finland has been able to intervene in labour exploitation at least to a certain extent, and the phenomenon has been widely recognized. On the other hand, many remaining problems have been identified, particularly with regard to pre-trial investigations and the enforcement of criminal liability. In the future there should be more consideration to the needs of victims of exploitation, even in situations where the case is not classified as human trafficking. In addition, structural multi-agency cooperation should be developed to combat labour exploitation. Structural multi-agency cooperation will help to ensure that cases of exploitation and trafficking are dealt with comprehensively, that perpetrators are brought to justice and that the rights of victims are respected.

Helsinki: HEUNI, 2023. 74p.

By Anna-Greta Pekkarinen, Anniina Jokinen

TRAFFICKING IN HUMAN BEINGS is largely a hidden form of criminali ty. As an example, it has been estimated in Finland that up to 90 per cent of human trafficking is undetected (Yle 23.3.2021). The overall picture of the phenomenon is bound to be limited because of this, and because the offenders continuously seek new methods and routes for their operations. Since the start of the ELECT THB-project, unforeseen events with a global impact have taken place. The COVID-19 pandemic affected the movement of people and potentially led to changes in the modus operandi of the perpetrators, as well as to changes in the detection of trafficking and exploitation. However, not much is yet known of the longer-term impacts of the pandemic on modus operan di or routes used by traffickers and facilitators. Furthermore, the geopolitical landscape of Europe changed rapidly in 2022 as a result of the escalation of the Russian invasion of Ukraine. In light of the ongoing war, particular attention has been paid in this report to the risk that Ukrainian refugees face of exploitation and trafficking. The countries covered in this report share similarities but also have their differences. Finland is primarily a country of destination in terms of human trafficking, whereas Estonia, Latvia, Poland and Ukraine are countries of origin, transit and destination. There are also differences in the size of the population of these countries, in their labour markets and in the social protection measures that are in place. The profiles of typical victims vary between the countries, ranging from their own citizens to labour migrants, asylum-seekers and undocumented migrants. Regarding labour exploitation, it has been established in all of the countries that migrant workers in particular may face exploitative recruitment and employment practices, especially in low-paid, low-skilled jobs. Perpetrators use different legal and illegal ways to conceal their activities, some of which are presented in this report. As for sexual exploitation, the role of the internet and technology has become increasingly important. This is all the more true as a result of the COVID-19 pandemic, which has restricted travel and in-person contacts and allowed for new ways of recruiting, controlling and exploiting vulnerable persons.

Helsinki: HEUNI, 2023. 94p.

By Iffat Idris

This paper explores the links between conflict, irregular migration, human trafficking and other illicit flows along transnational pathways in West Africa – focusing on Niger, Nigeria, Mali, Burkina Faso and Libya as well as the responses to these.

Birmingham, UK: GSDRC, International Development Department, College of Social Sciences University of Birmingham., 2022. 40p.

By the United States Department of State, Office to Monitor and Combat Trafficking in Persons

Effective, multidisciplinary partnerships have long been essential to the success of the “3P” framework of prosecution, protection, and prevention in global anti-trafficking efforts. A comprehensive approach to human trafficking requires governments to prioritize multiple layers of cooperation, including internally between government agencies and externally with other governments, international organizations, the private sector, academia, media, community leaders, NGOs, and survivors and survivor-led organizations. The 2023 Trafficking in Persons Report (TIP Report) introduction examines and highlights how governments and a wide range of stakeholders have used partnerships to advance anti-trafficking priorities and goals. The introduction also shares innovative approaches and specific examples of partnerships that have complemented and supported the success of prosecution, protection, and prevention efforts.

Washington, DC: United States Department of State, 2023. 94p.

By The Mixed Migration Centre

Indonesia is a destination country for refugees, and a key transit country, for refugees intending to be resettled to third countries, as well as for those seeking to journey onwards to Malaysia. According to the UNHCR, as of November 2022, 71% of refugees in Indonesia are from Afghanistan, Somalia, Myanmar and Bangladesh. This snapshot finds that Afghan, Somali and Rohingya 4Mi respondents engage with smugglers in very different ways to reach Indonesia. It examines the routes taken by respondents, interactions with smugglers, and perceptions of smugglers’ roles in their migratory journey.

Mixed Migration Centre, 2023. 12p.

By Lucia Bird.

Domestic laws criminalising human smuggling in Africa diverge significantly from the approach set out in the UN Smuggling Protocol.

This brief analyses how African states have criminalised human smuggling in their nation. This research found that 22 states have criminalised the ‘smuggling of migrant’s broadly as defined in the UN Smuggling Protocol, which specifies that the intent of the perpetrator must be to reap a ‘financial or material benefit.’ It finds that even these states have diverged significantly from the approach set out in the Smuggling Protocol, and highlights concerning trends before recommending best practice.

ENACT - Africa, 2020. 12p.

By EUROPOL

Migrant smuggling continues to pose a challenge for police forces across the European Union. The criminal networks involved are complex and highly organised, diversifying routes and modus operandi in order to evade detection and increase profits. Meanwhile, migrants themselves are forced to risk their lives on the dangerous and unsafe transports offered by migrant smuggling networks. In this spotlight report, we cover the most important developments in the migrant smuggling landscape. The report details what the main features of modern migrant smuggling networks are, and how these networks administer themselves. It also explains phenomena such as criminal networks operating together in ‘joint ventures’, where illicit actors cooperate at various stages in the migrant smuggling chain.

Europol Spotlight Report series. Luxembourg: Publications Office of the European Union, 2023. 10p.

By Conny Rijken, Laura van Waas, Martin Gramatikov and Deirdre Brennan

Statelessness and human trafficking are grave and widespread human rights problems which the international community is committed to tackling. The two issues have even been linked, through the common claim that statelessness puts a person at greater risk of becoming a victim of trafficking. However, the causal link has never been decisively demonstrated using empirical data. This research project focused on developing a methodology that would enable the interaction between statelessness and trafficking to be mapped. The methodology uses Subjective Legal Empowerment (SLE) theory as a way to measure the impact of statelessness and to identify vulnerability. This report discusses the research findings of an empirical study of the nexus between statelessness and human trafficking among hill tribe people in the Northern Part of Thailand. The steps taken in the design and development of the research methodology are extensively described in the report A methodology for exploring the interaction between statelessness and human trafficking. The aim of the research was twofold: first, to develop a research methodology to identify the nexus between statelessness and human trafficking, and second, to identify the nexus between statelessness and human trafficking among hill tribe people in the Northern part of Thailand. Answering the central research question on how to measure the impact of statelessness on a women’s vulnerability to human trafficking and piloting the developed research instrument among the hill tribe people in Thailand helps to close the knowledge gap on the link between statelessness and human trafficking. …. For the research in Thailand two field trips were undertaken; the first in January 2013 to conduct key-informant interviews and to set-up the survey, and the second in January and February 2014 to set up and supervise the in-depth interviews and focus groups and to conduct additional interviews with key-informants to verify and discuss some provisional findings of the project. For the data collection, cooperation was sought with the law clinic of Chiang Mai University who also provided advice on how to set up the data collection, helped with establishing contacts in research locations and provided input on the questionnaire and interview protocol.

Oisterwijk; Wolf Legal Publishers The Netherlands :2015. 119p.

By Tuesday Reitano and Lucia Bird

Counter-trafficking efforts should be part of broader work to enhance community resilience to organised crime. This brief draws on field research conducted on trafficking in persons in four protracted conflicts in Africa – Central African Republic, Libya, Nigeria and Somalia – to explore what constitutes realistic and effective responses to trafficking in persons in conflict contexts. It argues that counter-trafficking efforts should be part of broader work to enhance community resilience to organised crime and to address long-standing needs, while responses which rely on the state, or approach the issue through a criminal lens, should be treated with caution.

Enact Africa, 2019. 16p.

By International Organization for Migration and the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University.

Despite efforts, large numbers of children continue to fall victim to traffickers worldwide, due to inequitable social, economic, environmental and political factors that engender exploitative and discriminatory practices. A critical component of countering trafficking is reliable and up-to-date data, to empirically ground interventions, though actionable data are limited, and child victims are typically hard to reach. This report, based on analysis of extensive, globally sourced data, is the first of its kind and analyses primary data from more than 69,000 victims of trafficking of 156 nationalities, trafficked in 186 countries, who registered with IOM in its 113 countries of operation, using the IOM Victims of Trafficking Database (VoTD) - the largest available international database of individual victims of trafficking.

International Organization for Migration and the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University. 2023. 88p.

By John Winterdyk and Crystal Hincks

This report represents the findings of the survey and interviews conducted in Alberta as part of the project supported by ICCLR to undertake a “qualitative analysis of services/supports for human trafficking survivors”. The findings of the research project reiterates what several other similar studies have concluded: governments, advocacy groups, and community agencies need to work collaboratively to close ongoing gaps in service provision. These stakeholders need to share resources to increase capacity across all sectors, further develop and implement trauma-informed and survivor-informed service approaches among client-facing workers, and work towards the shared vision of helping victims and survivors of human trafficking lead healthy lives free from exploitation.

Vancouver, BC: International Centre for Criminal Law Reform and Criminal Justice Policy, 2023. 32p.

By Amanda Noble, Isaac Coplan, Jaime Neal, Amanda Suleiman, Susan McIntyre

Exiting sex trafficking can be a long and arduous process, with survivors having many needs that must be addressed before, during and after exiting. Often this process takes many attempts. To date, very little work has been done to document the process survivors must undergo in order to successfully escape from sex trafficking or to document their specific needs while attempting to do so. The following pages detail the findings of a national research project conducted in eight Canadian cities: Vancouver, Winnipeg, Toronto, Niagara Falls, Thunder Bay, Montreal, Halifax, and St. John’s. Through a combination of focus groups and interviews, we spoke with 201 stakeholders from 147 organizations, including service providers, healthcare professionals, police, and most importantly, 50 survivors of sex trafficking. This research project sought to answer five key questions related to exiting the sex industry: What is the process of exiting sexual exploitation? What are the major barriers to escaping sex trafficking? What basic, instrumental, and psychological needs do survivors have when exiting sex trafficking? At what point in the journey are certain needs more pressing?….. This report aims to provide guidance to service providers (including frontline agencies, health care providers, first responders and child protection agencies) so that they can better understand the unique and complex needs of those who have survived sex trafficking.

Toronto: Covenant House & The Hindsight Group. 2020. 84p.

By Yvon Dandurand, Darryl Plecas, John Winterdyk and Vivienne Chin

The International Centre for Criminal Law Reform (ICCLR) conducted a qualitative survey and analysis of the types of services and supports most needed by survivors of labour and sex trafficking, including the perceived usefulness and effectiveness of these services. The study also examined service delivery models, source of referrals, models of inter-agency collaboration, and accessibility of relevant services in British Columbia and Alberta for meeting the needs of labour and sex trafficking survivors (including those at risk of or are currently being trafficked). Previous research has revealed a lot about the needs of victims and survivors of human trafficking and their difficulty in accessing relevant services. Their needs are multiple and complex, but, by now, they are well known. These needs include health care (including mental health and in some cases addiction treatment), legal, financial (immediate and longer-term), protection (e.g., safe houses), housing, emotional and psychological support, connection with the justice system, and in the case of survivors of transnational trafficking, translation, assistance with respect to their immigration status, communication with home and repatriation, travel assistance, etc. The needs of trafficked survivors are not uniform and are contextualized by the purpose for which they are trafficked, particularly such as those for sexual exploitation or labour exploitation. The needs are also different for Canadian and foreign victims. There are also gender-based differences in the needs of survivors. Finally, survivors of human trafficking require during the criminal justice process when they are involved as witnesses for law enforcement and the prosecution.

Vancouver, BC : International Centre for Criminal Law Reform and Criminal Justice Policy, 2023. 72p.

By Digidiki, V., J. Bhabha, K. Connors, H. Cook, C. Galez-Davis, C. Hansen, M. Lane, S. Laursen, and L. Wong,  The International Organization for Migration and the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University.

Despite efforts, large numbers of children continue to fall victim to traffickers worldwide, due to inequitable social, economic, environmental and political factors that engender exploitative and discriminatory practices. A critical component of countering trafficking is reliable and up-to-date data, to empirically ground interventions, though actionable data are limited, and child victims are typically hard to reach. This report, based on analysis of extensive, globally sourced data, is the first of its kind and analyses primary data from more than 69,000 victims of trafficking of 156 nationalities, trafficked in 186 countries, who registered with IOM in its 113 countries of operation, using the IOM Victims of Trafficking Database (VoTD) - the largest available international database of individual victims of trafficking.

The report shows that child trafficking is a multifaceted and complex phenomenon that continues to spread and evolve within and across borders. No age range, no gender and no nationality are immune to child trafficking; it is a truly global phenomenon. However, the study provides evidence of important trends and dynamics, linked to factors such as age, gender and geography, that help further our understanding of the phenomenon, with the potential to inform policy and programming.

Geneva: IOM, 2023. 88p.

Geri L. DimasI, Renata A. Konrad2 , Kayse Lee MaassID3 , Andrew C. Trapp

Human trafficking is a widespread and compound social, economic, and human rights issue occurring in every region of the world. While there have been an increasing number of antihuman trafficking studies from the Operations Research and Analytics domains in recent years, no systematic review of this literature currently exists. We fill this gap by providing a systematic literature review that identifies and classifies the body of Operations Research and Analytics research related to the anti-human trafficking domain, thereby illustrating the collective impact of the field to date. We classify 142 studies to identify current trends in methodologies, theoretical approaches, data sources, trafficking contexts, target regions, victim-survivor demographics, and focus within the well-established 4Ps principles. Using these findings, we discuss the extent to which the current literature aligns with the global demographics of human trafficking and identify existing research gaps to propose an agenda for Operations Research and Analytics researchers. 

. PLoS ONE 17(8), 2022: e0273708. 

  By Anni Lietonen and Natalia Ollus

  The guide has been prepared in connection with the Action plan for effective public procurement (i.e., the Procurement Finland Strategy), coordinated by the Min - istry of Finance and the Association of Finnish Local and Re - gional Authorities. The project was built on the objectives of the Social Sustainability Group operating as part of the Pro - curement Finland Strategy, which include the promotion of human rights in public procurement and respecting funda - mental rights at work. By combating labour exploitation and human trafficking as part of public procurement procedures, contracting units can contribute to preventing fraudulent ac - tivities and crimes, and to promoting the implementation of human rights and respect for the fundamental principles of working life. The proposed measures, views and interpretations presented in this publication represent the authors' views and do not necessarily reflect the official position of the par - ties involved in the implementation of the Procurement Fin - land strategy. This guide has been prepared for the public procurement context in Finland, and for the application of Finnish laws and instructions. However, public procurers and businesses from other countries can also benefit from the content of the guide. When implementing the recom - mendations in the guide, public contracting entities must ensure that their measures comply with the na - tional procurement and data protection legislations, the Act on the Contractor’s Obligations and Liabili - ty when Work is Contracted Out, including other key obligations.   

Helsinki: European Institute for Crime Prevention and Control, affiliated with the United Nations HEUNI, 2021. 61p.  

By Rebecca L. Feldmann

An inherent tension underlies the duty to prevent trafficking. On the one hand, nation-states are required to take border control measures aimed at preventing trafficking. At the same time, such measures must respect international obligations toward asylum-seekers and other migrants relating to the free movement of people. In the past twenty years, countries such as the United States have developed increasingly sophisticated systems designed to regulate and restrict the movement of people across borders. However, the same period has seen an increasing disregard for the human rights of the very people who are crossing those borders. In order to fully meet the duty to prevent trafficking, states must come to recognize the importance of involving victims of this crime in the solution, which will never happen if countries demonize all migrants as criminals and traffickers. In short, states that seek to lead the fight against human trafficking need to work with victims (including foreign national victims in the state’s territory) and other partners (such as non-governmental organizations and victims’ attorneys) to ensure that their rhetoric more closely matches reality.

Utah Law Review, 659 (2023)

By Lucia Bird

Governments need to ensure responses to migration and human smuggling don’t make it more dangerous for migrants and more lucrative for criminals. Mobility has been a key facet of resilience across much of the African continent throughout its history, and those on the move have long relied on the support of smugglers to facilitate the journey. However, the birth of the modern migrant smuggling industry as a multi-million global business is much more recent, as is the perception of the migrant smuggler as a highly organised criminal figure.

ENACT Africa, 2021. 88p.