Human Trafficking is a crime
against the individual’s freedom and dignity
Help us put an end to it!
What is human trafficking?
Human
trafficking has been defined in the “Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children” (known as the “Palermo
Protocol”) to the United Nations Convention on Transnational Organised Crime
(UNTOC), which Malta ratified on the 24th September 2003.
Click here to
access The Palermo Protocol.
Human trafficking is also
defined in the 2010 Council of Europe Convention on “Action against Trafficking
in Human Beings”, known as the Warsaw Convention. Click here.
An offence of Human
Trafficking entails an infringement of the provisions of the Criminal Code (Cap. 9 of the Laws of Malta)
falling under the heading ‘Of the traffic of persons.’ Click here.
A person may be accused of
human trafficking if he/she exploits another
person in:
1.
the production of goods or the provision of services (including
working in conditions that infringe labour standards, prostitution and other
sex-related services);
2.
slavery or practices similar to slavery;
3.
servitude;
4.
activities associated with begging; or,
5.
other activities, including the removal of any organ of the
body.
In order for a trafficking accusation to subsist, the exploitation
of a person of age (18 years and over) would be conducted by means of:
- violence
or threats, including abduction;
- deceit or
fraud;
- misuse of
authority, influence or pressure; or
- the
giving or receiving of payments or benefits to achieve the consent of the
person having control over another person.
If the victim of human
trafficking is a minor (under 18 years of age), the person abusing him or her
may be considered a trafficker even if the means referred to above (e.g.
violence or threats) have not been
used. Therefore, if a minor is say recruited and transported to Malta for the
purpose of sexual exploitation, the person conducting such operation would
still be subject to prosecution as a human trafficker even if the minor has not
been abducted, and/or subjected to violence and/or has not been deceived by the
trafficker at any stage.
Typically a human
trafficker forces another person to perform acts or work against his or
her will. For this reason human trafficking is an offence against the
individual’s freedom and dignity.
Human Trafficking is not
migrant smuggling. Whilst human trafficking is exploitation-based, migrant
smuggling is transportation-based.
Migrant smuggling, which is
defined in the UNTOC “Protocol against the Smuggling of
Migrants by Land, Sea and Air”, is the activity whereby a person is
brought to Malta in contravention of the Immigration Act (Cap. 217 of the Laws of Malta).
The smuggler is therefore
involved in the unlawful transportation, or the facilitation of the unlawful
transportation of migrants from another State to Malta. Alternatively, a
migrant smuggler may facilitate the unlawful transportation of a migrant from
Malta to another State.
Therefore, the smuggler
facilitates irregular migration, and his or her relationship with the smuggled
person is based on the payment of a fee by the smuggled person in return for
the aforementioned unlawful transportation
Victims of human trafficking: Who are they?What kind of abuses do they suffer from?
Trafficking for the purpose of
Sexual Exploitation
Victims of trafficking for
sexual exploitation can be women or men, girls or boys. Students and job
seekers may fall victim to human trafficking for sexual exploitation, as the
traffickers would lure them with promises of better work or educational
opportunities abroad.
Traffickers usually intimidate
and control their victims. Such control may be exercised by physically locking
up the victim or by resorting to less obvious means, such as threatening to
harm family members in the country of origin or through debt bondage.
It should also be noted that a
person may knowingly decide to work in the sex industry, including
prostitution, but consequently be forced to continue providing sex-services or
prostitution. In such cases, the exploiter would still be regarded as a human
trafficker at law and the victim as a victim of human trafficking.
Trafficking for Forced Labour
A person may be ‘assisted’ by
a human trafficker to travel to another country (including by legal means) in
order to take up employment there. The victim would be assigned a particular
job, usually underpaid, and told to pay back the trafficker for having
‘assisted’ with the travel arrangements and/or any other matter. This often
brings about a situation of debt-bondage, particularly as interests at a high
rate would often have to be paid.
Such victims would typically
be employed by the trafficker or a close associate, and may be controlled by
several means, including physical segregation. There may be instances where
such victims would have no knowledge of the language of the host country,
thereby further increasing their vulnerability through inability to
communicate. Such victims may also be living and working in sub-standard conditions,
further to working excessively long hours.
Other forms of Trafficking
Other forms of trafficking
have been encountered in Europe and elsewhere, including the trafficking of
children for the purpose of conducting petty crime and begging activities, as
well as organ removal, among others.
Human Trafficking is an
ever-changing phenomenon and forms of exploitation and the profiles of victims
may change over time.
Cases of human trafficking in
Malta
The cases of human trafficking
encountered in Malta so far involved the sexual exploitation of women, with the
victims being mainly east Europeans who would have entered the country legally.
Leisure Clothing Case judgement
delivered last Friday 6th January 2023 by the Criminal Court of
Appeal presided over by Hon. Judge Edwina Grima: Case of Police vs Bin Han /
Jia Liu
Investigations and procedures
relating to other cases, including alleged cases of human trafficking for
labour exploitation, are ongoing.
You can play a role: Trafficking Indicators
Victims of human trafficking
can be found in a variety of situations. Any person, professional or otherwise
(e.g. neighbour), can come across victims of human trafficking and can play an
important role in their identification.
1. What
is an ‘indicator’ of human trafficking?
An indicator is a fact or even
an attitude adopted by a person that may point to a human trafficking
situation, as such fact or attitude is often associated with a human
trafficking situation.
The indications hereunder
outline what one is to look for when encountering potential victims:
1.
Is the victim in possession of identification and travel
documents; if not who has control of the documents?
Remember that a trafficker
seeks to exercise control over his or her victims, and therefore he or she may
take possession of documents.
2.
Does the victim show distrust towards the authorities?
Remember that the victim may
have been told that if he or she is apprehended by the authorities he or she
would be deported, or suffer some other undesirable consequences. Deception
often plays a central role in human trafficking.
3.
Does the victim have restricted or controlled freedom of
movement?
Remember that some traffickers
actually control the physical movement of their victims and sometimes have them
accompanied by someone else wherever they go.
4.
Was the victim recruited for one purpose and forced to engage in
some other job?
Remember that deceit is a
major component of human trafficking offences.
Before departure from their
home country victims are told that they would be performing specific well-paid
jobs, possibly including glamorous activities such as modelling, or that they
would gain access to educational opportunities, only to find out, upon arrival,
they are being forced into prostitution or into under-paid jobs, often in very
poor working conditions.
5.
Is the victim being held in compulsory service in payment of a
debt?
Remember that bondage through
debt is a form of control that may be exercised by human traffickers. Although
some cases of usury may only involve usury itself, others may in fact involve
other crimes, including human trafficking. Foreign victims are forced to
perform a certain job, often under-paid and in poor conditions, in order to pay
back the trafficker for having arranged their trip to the country of
destination.
6.
Does the victim show any signs that appear to be the result of
the use of control measures, such as use of force or threats?
Remember that some victims
have suffered from prolonged psychological abuse, as a result of which they may
be withdrawn and intimidated. Others would also have suffered physical abuse,
possibly including rape.
7.
Was the victim forced to perform sexual acts or engaged in
commercial sex?
Remember that trafficking for
the purpose of sexual exploitation is one of the main forms of this crime.
Moreover, a victim trafficked for other purposes may be sexually exploited as
well.
8.
Has the victim been subjected to violence or threats of harm
against her/himself or against family members or loved ones?
Remember that threats
constitute one of the means whereby a trafficker exercises control. Traffickers
that are in a position to convince their victims that they may cause harm to
their family members are often able to control such victims without resorting
to physical forms of control, including incarcerating the victim.
Such cases may be more
difficult to detect because control is exercised subtly.
9.
Has the victim been deprived of basic needs, medical care or
other life necessities?
Some victims of human
trafficking suffer from several forms of abuse, including neglect. Restrictions
on their communications may mean that they would have been unable to seek medical
attention.
10.
Has the victim been unable to communicate freely with members of
the family or friends?
Remember that a trafficker
will seek to isolate his or her victims, in order to exercise full control over
their lives.
11.
Has the victim been living in an unsuitable place or in the same
place where he/she works?
Remember that some victims of
human trafficking are accommodated in poor living conditions and some even live
in big groups in a small place. This consideration however has to be looked at
in the light of any other circumstances surrounding the alleged victim, since
this scenario could also subsist in cases of illegal immigration.
12.
In the case of a juvenile, has the victim been engaged in work
that is not suitable for children?
Child trafficking is also an
unfortunate reality. As for adults, children could be forced into prostitution
or labour trafficking.
13.
Has the victim been subjected to domestic servitude?
Remember that some traffickers
restrict the movement of their victims and make use of their services in
specific contexts where it is easy for them to exercise control. Such victims
would be forced to work for excessively long hours, further to being also prone
to other forms of abuse, possibly including violence and rape.
Who to call if in need of assistance
Police, ‘Crime Stop’ number 119 or,
in case of an emergency, 112
If you think that you are a
victim of human trafficking you are urged to contact the Police authorities at
the very earliest possible opportunity: call ‘Crime Stop’ number 119 or,
in a situation of emergency, 112.
The Police will ensure that
you are separated from the trafficker. They will also refer you to Aġenzija
Appoġġ for you to receive the support you need, including shelter.
If you are not a victim, but
have reasons to suspect that someone you know is, then it is your duty to
report to the Police authorities either on ‘Crime Stop’ number 119 or,
in case of an emergency, 112.
Victim Support Agency
If you are a victim of a
crime, there are a number of ways you can access the victim support services
By calling our designated phone line
25689700
Through a live chat function available on Facebook page https://www.facebook.com/VictimSupportAgencyMalta/
where trained professionals can provide you with assistance. Chat
available during office hours from Monday to Friday excluding public holidays
and weekends
By email through
vsasupport@gov.mt
Victim Support Agency is located at:
52, Old Theatre Street, Valletta
Foundation for Social Welfare
Services - Aġenzija Appoġġ, free phone 179
Aġenzija Appoġġ is the
national agency providing social welfare support services. Such services are
also offered to victims of Human Trafficking. In this regard, Aġenzija Appoġġ
provides shelter facilities and professional support to respond effectively to
the needs of victims of human trafficking.
Aġenzija Appoġġ can be
contacted by means of free phone 179,
which is intended to provide information and initial assistance and support to
victims.