Transcript Slide 1
Improving Investigative Measures of Human Trafficking Cases Through Interstate Collaboration: A Case Study of Nigeria-UK Presentation by May Ikeora 6th June 2013 Overview of Presentation • Background of Nigerian-UK human trafficking • Challenges with identification and investigation • The need for interstate cooperation • Challenges of current Nigeria/UK MOU • Brief recommendation 6th of June 2013 Modus Operandi (MO) of Trafficking Between Nigeria and the UK: A Background • Nigeria is one of the top 5 source countries for trafficking in the UK • Ironically, Britain is not a major destination country for Nigeria, in comparison with other countries • Mostly women and children are trafficked for domestic servitude, sexual and labour exploitation • The MO of trafficking from Nigeria (from the process of recruitment, transportation and exploitation) is peculiar, mainly because of the cultural element and its impact on the social construct of trafficking. Such as the use of Juju as a method of control and its acceptance in the Nigerian society. • The complexities of cases from Nigeria has resulted in disproportionate responses, high prevalence of the crime and low prosecution rate (even though we have seen some improvement in the prosecution of Nigerian traffickers, its only a tip of the iceberg) 6th of June 2013 Challenges of victim identification and Investigation Major - Collation of the appropriate evidence to enable protection and prosecution. Hindering factors includes; •Complex profile of victims and traffickers from Nigeria •The element of Juju as a control mechanism limiting evidence collation •Lack of proper information exchanged between Nigeria and UK agencies and authorities •The bureaucratic nature of international and government institutions •Corruption and the lack of trust between agencies of both countries including mistrust between this agencies and trafficked victims •The focus on immigration from the UK perspective, which undermines the victim’s interest. •The absence of comprehensive national and international coordination. Especially in regards to effective communication. •Lack of funding for organisations involved in anti-trafficking 6thJune 2013 The Need for Interstate Cooperation • Cooperation is defined as “when actors adjust their behaviour to the actual or anticipated preferences of others, through a process of policy coordination” (Keohane, 1986) • It is the raison d’etre of the Organise Crime Convention and its supplementary Protocols • The importance of international cooperation has been recognized at the international level (as well as at the regional and national levels). It finds its basis on the United Nations Convention Against Transnational Organized Crime and other international and regional legal instruments. • Both Nigeria and the UK have jurisdiction to fight human trafficking across both territories based on the principles of territoriality, passive personality and nationality • The Organise Crime Convention urges states to cooperate to ensure the proper investigation and prosecution of human trafficking cases. (See Art 27 – Law Enforcement Cooperation) • Interstate cooperation with proper coordination could enhance identification and investigation through information exchange (formal and/or informal), extradition and Mutual Legal Assistance (MLA) joint investigations, and through mutually building the capacity of practitioners etc. 6th June 2013 Nigeria and the UK 2004 Anti-trafficking Memorandum of Understanding (FoI - CR19858 ) • Symbolizes the existing interstate cooperation between both countries to address the 3Ps (Prevention, Protection and Prosecution) • The MoU holds some useful contents but lacks the awareness and substance to address the current situation of human trafficking... Mostly vague as it stands • As of 2004, the awareness of the true nature of human trafficking between both countries was still in its infancy... Early stages of NAPTIP and no UKHTC • There are aspects of the MOU that if implemented, could have made some real impact. For instance, the element of having a coordinating officer through which information exchange is made easy. Some would say, we have a SOCA liaison officer in major source countries. The question that should follow this statement is “To what extent do they work specifically on anti-trafficking...” • To date , there has been no major follow up, no enforcement/implementation, no review of the document 6th June 2013 Way Forward.. • Review and tailor MoU to current needs towards achieving the 3Ps – with concrete action plans • Increase partnership through establishing an interstate anti-trafficking multisectoral stakeholders network • Appoint “coordinating” officers from both countries to oversee established collaboration... Essentially, a trusted point of contact for both countries • Establish agreements and action towards directed joint investigations and police exchange • Improve policies towards placing the victim’s interest at centre-stage of antitrafficking • Recognise and support organisations who continue to make efforts towards establishing interstate connections for anti-trafficking 6th June 2013 Change the way you think about Hull | 7 October 2009 | 8 Thank You