Key Policy Considerations - Page 2

SOM AS A STRATEGY TO SURVIVE / REMITTANCE ECONOMY VS . SOM AS TRANSNATIONAL ORGANIZED CRIME
One of the main reasons people migrate from developing countries is to seek opportunities overseas and share their gains with family members in their countries of origin . Diaspora remittances contribute significantly to national economies in the region . In the face of limited opportunities for regular migration to developed countries , smugglers have become a socially acceptable option for facilitating migration in some countries , despite the potential danger and risk to the safety and lives of the migrants involved . Organized criminal networks are known to be involved in the smuggling enterprise , making billions of dollars in revenue . It is sometimes difficult to advocate for criminalization of SOM in countries where diaspora remittances are critical to the economy and alternative legal migration routes are limited . However , countries are encouraged to consider the human cost of smuggling of migrants and the detrimental impact to society that arises from allowing organized crime to flourish .
DISRUPTING CRIMINAL NETWORKS AND PRIORITIZING QUALITY OVER QUANTITY ARRESTS
GLO . ACT promotes a strategic investigative approach which favors removing the principal offender and dismantling an organized criminal network . More information is available in the GLO . ACT Approach to Implementation
COMBATTING HARMFUL CULTURAL NORMS THAT ENGENDER EXPLOITATION
Culture in itself is not inherently exploitative . However certain harmful cultural norms , such as those that have women ’ s inferiority deeply engrained , may increase vulnerability to TIP , especially where these norms are considered acceptable and are part of a people ’ s way of life and belief system . Forced and child marriages , gifting of female members to settle family debts and underage domestic servitude , are common examples of exploitation founded upon harmful cultural practices and societal norms . The GLO . ACT team is committed to engaging with traditional structures , criminal justice institutions and civil society organizations to enhance understanding of the devastating impact that harmful cultural norms have in relation to human trafficking . The project works simultaneously to reform legislation , policy and practice to combat harmful cultural practices .
EMPOWERING FEMALE CRIMINAL JUSTICE PROFESSIONALS AND ENSURING A GENDER- SENSITIVE APPROACH TO THE RESPONSE TO TIP AND SOM
Gender considerations and human rights shape how interventions are designed and delivered under the GLO . ACT Project . ( see the Gender and Human Rights brief on this topic )
IMPROVING UNDERSTANDING AND RESPECT FOR A RIGHTS-BASED APPROACH TO TIP / SOM RESPONSES , INCLUDING THE NON- PROSECUTION / NON-PUNISHMENT OF VICTIMS
Both trafficked persons and smuggled migrants may commit crimes associated with or as a direct result of their exploitation as either victims of trafficking or smuggled migrants . Article 5 of the Smuggling Protocol says that migrants shall not become liable to criminal prosecution for the fact of being smuggled . Although State Parties to the Protocol are permitted in terms of Article 6 ( 4 ) to take measures against a person whose conduct is an offence under other domestic laws . On the other hand , victims of trafficking should not be subject to arrest , charge , detention , prosecution , penalization or punishment for illegal conduct that they committed as a direct consequence of being trafficked , something clearly explained in the following ICAT issue paper .
In certain countries , legislation still allows for the prosecution and punishment of victims of trafficking , particularly in areas such as commercial sexual exploitation and illegal entry . In other countries , these cases may be adjudicated under religious or traditional laws which can result in an outcome prejudicial to victims , despite statutory law to the contrary .
GLO . ACT ’ s interventions aim to ensure that nonpunishment to victims of trafficking and smuggled migrants is adequately upheld both in law and in practice .