Human Trafficking in India:Opportunities for The Asia

Foundation

Sadika Hameed, Sandile Hlasthwayo, Evan Tanner, Meltem Türker, and Jungwon Yang –

March 10, 2010

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Agenda

Part I: Introduction & methodology

Part II: Root causes & legal framework

Part III: Findings on NGO, donor, and government intervention efforts

Part IV: Recommendations

Title photo by Kay Chernush for the U.S. State Department

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• Two categories of trafficking: sex and labor, both of which are widespread in India

• Half of the 612 districts in India are affected by trafficking

• 3 million sex workers in India, with 40% being children

• India is a source, transit point, and destination for trafficking

• 90% of Indian trafficking is domestic, 10% is international

Introduction

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Formally, Trafficking in Persons (TIP) means…

“the recruitment, transportation, transfer, harboring or receipt of persons, by means of:

Threat or use of force or other forms of coercion

Abduction

Fraud

Deception

The abuse of power

A position of vulnerability

The giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation.” (UN Palermo Protocol, 2000)

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• Preeti has not been allowed outdoors since she was enslaved in a household at age eight, fifteen years ago.

• 17-year-old Rana is raped by twenty to fifty men every day.

• 13-year-old Mehti has been underground weaving carpets for five years, with one meal a day.

• 14-year-old Priyanka was sold by her father for US$22 into a life of torture, starvation, and agricultural labor.

Informally, Trafficking in Persons means…

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ObjectivesEvaluate the political, social, economic, legal, and intervention landscape of the anti-trafficking movement in India

Research current NGO, donor, and government efforts to combat trafficking in India

Provide TAF with actionable recommendations with regards to a human trafficking program in India

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Geographic ScopeLimiting of states/territories based on:

A pervasive and increasing trend in TIP

State & local government receptivity

Representation of source, transit, and destination points for TIP

Secondary data availability

Representation of a variety of dynamics that could influence TIP

Chosen states/territory (shown in black):

Andhra Pradesh, Bihar, Chhattisgarh, Delhi, Goa, Jharkhand, Orissa (Odisha), Tamil Nadu, and West Bengal.

Collectively, the states/territories represent roughly 40% of India’s population.

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Methodology

Stage 1: Literature Review & Synthesizing of Secondary Data

Studied general global/India-specific TIP literature

Analyzed trafficking in nine representative states/territories

Researched anti-trafficking interventions in those regions

Conducted a legal framework analysis

Stage 2: InterviewsSupplemented intervention research with 19 NGO/donor interviews

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Data Constraints

The hidden nature of human trafficking

IllegalityLack of records

Efforts to keep the practice hidden

Danger to current victims for speaking out

Social stigmatization of survivorsChallenge in distinguishing victims from voluntary migrantsScope of the problem

Inability to conduct field research

II. Root Causes & Legal Framework of TIP in India

Root Causes Of Trafficking

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NGO/Donor Perceptions of the Problem of TIP in India

TYPE ATTRIBUTION FACTORS

Source • Poverty • Also, cultural issues, religious issues, natural disaster/conflicts, and the lack of an effective legal framework

Destination

• High inflows of migrants from economic development

• Tourism• Lack of community responsibility & accountability

Transit • Geographical reasons• Infrastructure features (e.g. unmonitored train networks)

Summary of Legal Framework

Level Role Problem

International

•Definitions•Commitment of governments

•Criminalization of TIP•Protection of victims•Minimum standards•Sanctions

• Not effective if they are not translated into domestic laws

Regional (South Asia)

•Regional cooperation•Strengthening of existing arrangements

•Do not cover all various forms of trafficking

National

•Prohibition of TIP•Arrest &prosecution•Punishment of offenders•Protection of victims•Prevention of child marriages•Provision of compensation to victims

•No unified established guideline for intervention or law enforcement

•High levels of bureaucracy•Punishment of the victims•No legislation on organized crime13

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Strengths and Weaknesses of Anti-Human Trafficking Efforts

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Strengths and Weaknesses of Anti-Human Trafficking Efforts

(continued)

III. Findings on Government, Donor, & NGO Efforts in Anti-TIP

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Types of Trafficking Intervention Programs3Ps +C : Prevention, Prosecution, Protection

and Capacity BuildingTYPE DESCRIPTION

Prevention •Avoidance of exploitation/manipulation•Economic empowerment/education/awareness building

Prosecution •Criminalization of trafficking•Implementation of anti-TIP legislation•Prosecution of offenders

Protection •Rehabilitation and reintegration

Capacity Building

•Improving the functionality and absorptive capacity organizations & groups

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Representative Government Anti-TIP EffortsGOVERNMEN

TTYPE INITIATIVE

Central Governme

nt

Prosecution, Protection and

Capacity Building

•Integrated Anti-Human Trafficking Units (IAHTUs)• Anti-trafficking Nodal Cell State Program • Integrated National Plan of Action

Protection •Swadhar Program and Ujjawala Program

State Governme

nt

Prevention •Andhra Pradesh—The prohibition of dedication act (88’)•Bihar—Human Trafficking Prevention Program(07’)•Chhattisgarh—State Policy for women, NREGS, etc•Goa—Goa’s Child Act (03’)•Jharkhand—a member of Ujjawala Program (09’)•Orissa—a member of Ujjawala Program (09’)•Tamil Nadu— A state-level action plan/ a village-level watch dog committees •West Bengal—Create a network of NGOs & stakeholders / elect the local leaders champion the anti-TIP movement

Protection • Andhra Pradesh, Chhattisgarh, Goa, and Tamil Nadu—Running shelters and rehabilitation programs

Prosecution •Bihar, Delhi, Goa and Tamil Nadu— Enact anti-TIP laws and show the active criminal investigation for anti-TIP

Capacity Building

•Andhra Pradesh and Tamil Nadu —TIPtraining to NGOs working on HIV/AIDS• Delhi— Parivartan (increase gender equality and improve police treatment of women’s issues)

Central GovernmentIntegrated Anti-Human Trafficking

Units (IAHTUs)

•In 2009, MoHA allocated $18 million to create 297 anti-human trafficking units

•Multi disciplinary approach•Joint response by all stake holders, such as police, prosecutors, NGOs, civil society and media

•Inter-departmental & inter-agency collaboration

Central Government

SwadharProgram• Supports 200 shelters (> 13,000 women and girls rescued)

• Annual budget: $1 million • Designing national protocols & guidelines

Ujjawala Program• Central gov’t grants to state gov’t projects in TIP

• 53 state projects (> 1,700 victims)

State Governments

TIP training to NGOs working on HIV/AIDS

• Andhra Pradesh and Tamil Nadu • Victims have greater risk of

contracting the disease• Leverages synergies• High value multiplier effect

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Government Anti-TIP Efforts: Findings

1. The central government’s programs are –• Still in design/recently launched• Unclear outcomes

2. The state-led intervention programs emphasize – • Prevention Protection Prosecution

3. State government interventions often fail because –• Poor coordination• Low awareness• Lack of an integrated plan• High level of corruption

4. NGOs’ perception of gov’t efforts generally positive; however, it was indicated that government still lacks political will, coordination, and capacity

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Non-Governmental Organizations/ Donor Anti-TIP Efforts

Based upon

•50 NGOs profiled

•19 NGOs interviewed

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1. Program Types

i. Many organizations with anti-TIP initiatives not exclusively focused on TIP.

ii. The number of anti-TIP NGOs varies across states.

iii. Priority for Different Types of Anti-TIP interventionsPRIMARY SECONDARY

TERTIARY TOTAL

Prevention 22 16 10 48

Protection 18 11 4 33

Prosecution

0 8 3 11

Capacity Building

9 9 14 43

Total 49 44 31 124iv. Bias towards prevention and protection interventions for

source/transit states.

v. Destination state NGOs focus on capacity-building, protection, and prosecution; but not prevention.

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Non-Governmental Organizations/ Donor Anti-TIP Efforts (continued)

2. Types of Intervention

TYPES OF INTERVENTION # OF INTERVENTIONS IDENTIFIED TO DATE

Awareness Program (Prevention) 21

Training Program (Capacity Building) 14

Education (Prevention)

13

Economic Empowerment (Prevention) 12

Shelter (Protection) 10

Legal Advocacy/Aid (Prosecution) 9

Rehabilitation (Protection) 7

Rescue Operation (Protection) 7

Research (Capacity Building) 5

Counseling (Protection) 2

Disaster Response Programs (Prevention)

1

Border “Right Awareness” Operations (Prevention)

1

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Non-Governmental Organizations/ Donor Anti-TIP

Efforts (continued)3. Challenges of NGOs

Primary – Funding

Secondary –Implementation of laws

Lack of cooperation/coordination

Lack of human resources

Fund-ing

Im-ple-

men-tation of laws

Lack of cooperation/coordination

Lack of human

re-sources

Cultural Issues

Data Reliabil-

ity

Other

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4. NGO Collaborations with Other NGOs, International NGOs, and Networks

• Entry into an NGO network increases collaboration significantly.

• Collaboration amongst NGOs is a key opportunity area for improving.

5. NGO Collaborations with Government & the Authorities• 15/19 collaborate with governments.• In rescue operations, all work closely with law enforcement.

Small groups (0-5) Medium-sized group(6-10)

Large group(10+)0

5

10

The size of NGO collaboration

# o

f N

GO

s

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6 . Selected NGO/Donor Best Practices in Anti-TIP

TYPE BEST PRACTICE

Prevention

• Live theater / Media• Community Safety Net• Livelihood Promotion• Vocational Training

Prosecution

• Monitoring and counseling program at the hub of trafficking areas• Local informers using vendors and rickshaw pullers • Police Rescue Operation

Protection • Toll-free help numbers like CHILDLINE

• Shelters & Rehabilitation centers • Corporate Social Responsibility(CSR) programs

Capacity Building

• Anti-trafficking Networks (IAHTUs, ASTEC, CACT, JATN, etc)• Providing child victims profiles or intelligence on Traffickers by Int’l NGOs

Prevention: Live theater / Media

• The UNODC’s “One Life, No Price”

• Live theater performances• Anti-trafficking messages in religious festivals

• Benefit from private sector funding

Prosecution: Use of local informants at transit points

• Using vendors and rickshaw pullers

• Railroad stations, bus depots, etc.

Protection: Corporate Social Responsibility (CSR) programs

• Helpful partnerships and networks to find former victims jobs

• Identify opportunities for cooperatives

• Strategic training opportunities for victims

IV. Recommendations & Implementation Analysis

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Evaluation of AlternativesOriginating from

What’s not working – identified gaps

What’s working – best practices

Ranking of the recommendations

Selected 14 criteria based on

What makes programs successful/ unsuccessful

TAF feedback (particularly for weightings) & advisor feedback

Implementation analysis

Suggested partners

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# Criterion Coding

1 Innovative?0- Not innovative1- To some degree2- Very innovative

2Existing NGO or

donor programs?

0- No, no existing programs1- One or a few programs

2- Many programs or a few strong ones

3 Quantifiable?0- No

1- Maybe, but somewhat difficult2- Yes

4Stakeholders receptivity?

0- Not receptive1- Some receptive/some combative

2- Very receptive

5Substantive

value multiplier effect?

0- No multiplier effect1- Some2- High

6Existing proof of

this concept?

0- No Proof of Results1- Some Results2- Many results

Primary Criteria Police Sensitization

& Training Programs

0

2

1

2

2

2

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Additional Criteria • Given lower weighting of 5%

each.

• Other criteria included—• TAF’s core competencies• Adverse outcomes• $100K budget• Sustainability• Changes in government

policy• Human capital• Ease of scaling up• Private sector partnership

Photo by Kay Chernush for the U.S. State Department

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Results of Recommendations’ Ranking# Type Intervention Score1 Protectio

n Creating economic cooperatives 85

2aPreventio

n Anti-trafficking festivals in rural areas 83

2b Prosecution Transit points Interventions 83

2cProtectio

nRegistry of anti-trafficking individuals/organizations

83

5 Capacity-Building

Monitoring and evaluation of the Anti-Trafficking Nodal Office

80

6Capacity-Building

Communicative capacity of the (ATSEC India) National Anti-Trafficking Network.

78

7Capacity-Building

Monitoring and evaluation for the new 297 Integrated Anti-Human Trafficking Units

78

8Prosecuti

on

Prosecutor training on post-conviction activities (e.g. compensation law,

rehabilitation law).75

9 General In-field research on labor trafficking. 70

10Prosecuti

onTraining/sensitization programs for

prosecution stakeholders68

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Creation of Economic Cooperatives (Ranking: 1/16)

PR

OTEC

TIO

N

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Reaching Vulnerable Populations (Ranking: 2/16)

PR

EV

EN

TIO

N

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The Importance of Transit Points (Ranking: 2/16)

PR

OS

EC

UTIO

N

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Linking Resources with Need (Ranking: 2/16)

PR

OTEC

TIO

N

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Central Monitoring & Evaluation (Ranking: 3/16)

CA

PA

CIT

Y B

UIL

DIN

G

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The Asia Foundation really values innovation, in addition to “tried and tested” programs.

Here are our two most “out of the box” ideas.

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Police Incentive Program (Ranking: 13/16)

PR

OS

EC

UTIO

N

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Rescue and Rehabilitation Experts (RREs)(Ranking: 12/16)

PR

OTEC

TIO

N

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Acknowledgments• Kate Francis

• Prof. Joe Nation, Marcos Rosales, Sarah Duffy

• Prof. Erik Jensen and NanditaBaruah

• Ford Dorsey Program in International Policy Studies