If implemented well, prosecution-oriented models have the potential to deter traffickers by setting forth requirements, for example, to pass laws "dissuasive" to traffickers. To date, however, even supposedly dissuasive laws have not been implemented and applied in such a way as to actually dissuade traffickers.102
Furthermore, if it were established that prosecution-oriented models increased the likelihood of prosecution of traffickers, these models could be considered advantageous. At present, however, the only certainty is that victims of traffickers who tiffany jewellery not agree to cooperate with prosecutors are not offered protection.103 In essence, they are re-victimized by the government in their country of destination. Good prosecution-oriented anti-trafficking models could begin to provide a deterrent effect; at present, however, with trafficking on the rise, it does not appear that any laws yet serve as a deterrent.
Where restriction of migration or combating organized crime is the primary policy concern, states will tiffany uk on sale focus on law enforcement, and they may accordingly limit their protective responsibilities. They will not focus on extending immigration protections to trafficked persons, because the emphasis is on the state's sovereign gatekeeping role. They even forgo extending non-immigration related protections unless the trafficked person agrees to testify or assist with prosecution.
A prosecution-oriented approach that fails to place any tiffany and co on protection may contravene existing international law.104 Prosecution models may also simply be ineffective in the face of the multitudinous pitfalls to successful prosecution in countries where trafficking is most prolific: corrupt or inefficient police and border guards; lark of an administrative structure to support the complex task of investigating, arresting, prosecuting, and convicting traffickers; lack of communication between various agencies involved; failures or ineptitude within the judicial process; the preference of police to go for the easier arrest of the victim rather than of the trafficker; the preference of the prosecutors to go for the easier charges of "prostitution," illegal immigration, unauthorized labor, or fraudulent documents (charging the victim), rather than to prosecute for the trafficking; the difficulty of reaching across borders to find the perpetrators (particularly between unfriendly neighboring nations); and the reluctance or inability of national police to cooperate internationally to effectively attack organized crime.105 Prosecution models barely begin to address any of these less legal and more tiffany & co jewellery administrative hurdles to prosecution.Convictions are difficult to come by even in the best of circumstances. The list of hurdles is seemingly endless,100 and the number of prosecutions, as compared to the reported numbers of trafficked persons, is infinitesimal.
While most countries currently have some legislation on the books that could be used to prosecute traffickers, typically having to do with illegally procuring persons for prostitution, these laws have had little impact on restricting traffickers or protecting trafficked persons, and are rarely, if ever, enforced. Bosnia, for instance, has successfully prosecuted only eleven traffickers to date, with the traffickers sentenced to between only one and three years, and the tiffany & co on sale of over 190 victim-witnesses was necessary to secure even these short sentences.108 In Moldova, only fifteen cases were brought against traffickers as of 2002, and all were amnestied.109 In 2002, forty-two cases were initiated in Moldova, eight of which were brought to court, while nineteen are still pending, two were suspended, and thirteen dismissed.110 Until 2003, in Serbia only one person had been charged,111 but as of 2003, 104 persons had been charged with trafficking related offenses, although all cases are still pending.112
The Organized Crime Convention and Trafficking Protocol provide a reference point for countries without domestic legislation to begin preparing anti-trafficking initiatives, but provide curiously broad and vague guidance on how to implement measures related to protection. For instance, on the one hand, the Trafficking Protocol broadly requires states to "take or strengthen measures ... to alleviate the factors that make . . . women and children [especially] vulnerable to trafficking, such as poverty, underdevelopment, and lack of equal opportunities."85 On the other hand, the protection measures they do require are limited generally to tiffany key rings uk that will render the victim able to serve as a witness against a trafficker.86 Reflecting this prosecution emphasis, the Protocol only asks stales to "consider" adopting measures that would permit trafficked persons to remain in the destination country, failing to overtly acknowledge, as will be argued within, that assisting with immigration solutions would also improve the availability of trafficked persons as witnesses.87
The Trafficking Victims Protection Act [TVPA], another prosecution-oriented piece of anti-trafficking legislation, does include provisions for the care of victims.88 It even allows the provision of temporary visas for victims, so-called T-visas, and further allows for the possibility of permanent residency. The TVPA conditions the permanent residency, however; it "permits victims to remain in the US if it is determined that the victim is 'a tiffany money clips uk witness to such traffickings.'"89 It also limits the number of T-visas granted to 5,000 (regardless of how many trafficked persons might qualify),90 and limits T-visas to victims of "severe forms of trafficking."91 Finally, it relies heavily on economic sanctions to punish countries of origin or transit for failing to effectively prosecute traffickers.92 While the concept of imposing economic sanctions for human rights violations is arguably sound, a country in political, administrative, and economic transition is not likely to be able or willing to rally its resources to effectively combat trafficking even with loss of aid as an incentive.93
Despite its heavy emphasis on prosecution, in 2001 and 2002, the Department of tiffany necklaces uk successfully prosecuted only thirty-six cases, although the Department of State projects that more than 50,000 persons are trafficked into the United States each year.94 As of February 2003, two years after the TVPA went into effect, only twenty-three T-visas had been granted.95
On the whole, and particularly in comparison with other anti-trafficking legislation, the TVPA is quite comprehensive. However, the legislation focuses too much on funding annual reports criticizing countries for failures to enact or adopt legislation, and too little on ensuring that anti-trafficking legislation and initiatives are actually implemented and that US-funded programs are held accountable for producing results at a grassroots level.96
In late 2001, the European Union, following up its Resolutions on trafficking in human beings and trade in persons and the 2000 Organized Crime Convention and its Trafficking Protocol, discussed above, issued a "Proposal for an EU tiffany pendants uk Framework Decision on Combating Trafficking in Human Beings."97 The proposal was drafted after pleas from the NGO and international community to address victims in the context of transnational anti-trafficking measures.
Nevertheless, the European Union has specifically emphasized the prosecution of traffickers as its primary objective. The amended EU proposal changed little, offering only temporary immigration protections to victims when and if they cooperated with prosecution endeavors. If trafficked persons did not have anything to offer prosecutors, they could be deported. In fact, the European Union took great pains to point out that temporary residence permits were not to be granted for the benefit of the victim, but rather for the sole purpose of facilitating prosecution of traffickers.98 States were not obliged to develop any programs or immigration measures to assist trafficked persons.
The Council Framework Decision on Combating Trafficking in Human Beings requires that by August 2004, member states must pass "effective, proportionate and dissuasive" legislation to penalize traffickers." The Framework Decision is generally very skeletal, leaving tiffany rings uk to states to decide in some respects, yet oddly specific when it conies to certain provisions such as setting the maximum penalty for trafficking at "no less than eight years," but not setting a minimum penalty.100 The Decision further elaborates on jurisdiction, granting each member state the right to prosecute trafficking when 1) the offense is committed on its territory, 2) the offender is its national, or 3) the offense is committed for the benefit of a person "established" in the territory of that member state.101 Although anti-trafficking NGOs and IOs have been pushing EU institutions for six years to strengthen protection measures, most decisions regarding the prosecution of traffickers have been left to individual member states and no victim protection requirements have been established.
Both models offer vast improvements over virtually any model used as recently as the late 1980s, when horror stories were emerging and statistics were first being gathered to identify the problem.74 These two dominant models have come about through a series of legislative drafts and counterproposals made by various governments, international institutions (IOs), and consortiums of interested international organizations and NGOs.
Both models contain provisions touching on enforcement and protection, but vary in their emphasis according to their motivations. Governments and institutions interested primarily in curtailing organized crime or illegal migration craft prosecution-oriented models, while those interested primarily in human rights develop victim-protection models. Because these models cover, to varying degrees, everything from witness protection to victim restitution and tiffanys sentencing guidelines for traffickers, the following sections will focus on one aspect touched upon, but not satisfactorily covered in either model-immigration benefits for trafficked persons. Immigration solutions should be viewed as both a victim protection measure and a mechanism for enhancing prosecution of traffickers.
As recently as the late 1980s government authorities in virtually all countries tended to treat trafficked persons as criminals, rather than victims of both a crime and of human rights violations.75 Governments were regularly jailing trafficked persons for violations of tiffany bangles uk status, unauthorized employment, or prostitution, and deporting them.76 Some countries, such as Bosnia, Serbia, and Montenegro still arrest and deport, as a matter of practice,77 even when it contravenes newly adopted laws or international obligations.
Grassroots anti-trafficking workers state that prosecutors do not want to tackle the difficult charge of prosecuting a trafficker when they can win the easier charges of prosecuting the victim for prostitution, document fraud, or immigration or labor violations.78 The deplorable treatment of trafficked persons by police, prosecutors, and judges,75 who are themselves sometimes complicit in the trafficking, serves only to discourage victims from agreeing to cooperate with prosecution. In one case in Bosnia, a woman had been accepted into an International Organization for Migration (IOM) program as a trafficked person and agreed tiffany bracelets uk testify against her "owner." On the stand as a witness, the judge turned her into a defendant, charging her with use of false documents, despite the fact that she had just testified that her owner had purchased and provided her with a false passport, beaten her regularly, and forced her to work in a brothel for a year without a salary.80
This model emphasizes prosecution of the trafficker, and all examples of this model have certain elements in common, with different degrees of emphasis. They use illegal migration and the combat against organized crime, in this instance trafficking, as their tiffany cufflinks uk point and focus on prosecuting traffickers. They use strong language when referring to law enforcement mechanisms for prosecuting traffickers, and weak language when discussing victim protection measures; and they condition those protection measures on the willingness or ability of a victim to aid the prosecution of traffickers.
The current legal standard-bearers for anti-trafficking initiatives, the tiffany earrings uk Crime Convention81 and the Trafficking Protocol,82 are both wholehearted instruments that emphasize the prosecution of traffickers.83 Developed by a law enforcement body, the United Nations Commission on Crime Prevention and Criminal justice (UN Crime Commission), the Organized Crime Convention, and the Trafficking Protocol respond to the international battle against transnational crime.84 While the Trafficking Protocol takes steps in the direction of victim protection, it does not go far enough.
For example, during the author's tenure in Belgrade, Serbia, and Montenegro, a brothel was raided and trafficked women were placed in jail, rather than the new shelter for trafficked persons, on the very same day that a high-level regional meeting took place in frank gehry jewelry between ministries and Stability Pact, UN, and OSCE officials to discuss follow up victim protection mechanisms for the new shelter. There seemed to be no communication between those making the decisions to adopt new laws and practices and those carrying them out in the field, and there was an inability or unwillingness to train these low-level government employees.
Despite a growing awareness that peacekeeping forces and humanitarian workers regularly and knowingly obtain the services of trafficked women and sometimes even engage in or aid and abet trafficking, governments have failed to publicly address this issue. Trafficked women in Bosnia, for instance, report that approximately 30 percent of their clients are internationals.63 Countries that had never before been countries of destination began receiving trafficked women when peacekeepers and international aid workers moved into Bosnia, Croatia, and Kosovo.64 Neighboring countries quickly became countries of paloma picasso jewelry and origin. While the use of trafficked women by international workers might constitute only a fraction of the total number of trafficked women and the fraction of those trafficked by international workers is even less, the participation of international humanitarian workers and peacekeeping forces in trafficking conveys a powerful symbolic message to local authorities and traffickers. The message is this: governments working to "democratize" developing countries do not really care about eradicating trafficking.
For years international organizations operating in the Balkans have been unwilling to determine how they can best prevent their employees from frequenting brothels known to harbor trafficked women. In recent years, when it has become clear that most brothels in the Balkans, for instance, do contain trafficked women,65 these international organizations have still failed to enforce internal rules or laws against frequenting brothels.66
Ninety percent of foreign sex workers in the Balkans are estimated to be trafficked, although less than 35 percent are identified and deemed eligible to receive protection assistance, and less than 7 percent actually do receive long-term support.67 It is therefore well known among those charged with teaching Bosnians how to better enforce their laws, e.g. peacekeepers, the International Police Task Force [IPTF]68, and international humanitarian workers, that by visiting a prostitute, one stands a good chance of visiting a trafficked woman.68 One would think, therefore, that workers paid by the foreign ministries whose goals are return to tiffany trafficking and promoting safety and democracy would be strictly forbidden to visit brothels, but they are not. In fact, sometimes they receive no punishment whatsoever even when caught engaging in such activity.70 How can a victim of trafficking be expected to escape her captor and seek safety with the very men paying her captors for her services?
Some international organizations such as the OSCE and some tiffany 1837 of the United Nations have recently developed "Codes of Conduct" which implicitly forbid their personnel from seeing prostitutes by exhorting that they not "engage in any activity unbecoming of a mission member," subsequent to widely-publicized scandals involving international troops engaged in trafficking.71 Nevertheless, several recent articles indicate that local police, international peacekeepers, and humanitarian aid workers continue to be major users of brothels in the Balkans in particular.72 Developing and enforcing prohibitions against this practice are crucial, because the international police, peacekeepers, and humanitarian workers are the very persons whose duty it is to work with local authorities to eradicate trafficking in this part of the world, and the victims are supposed to be looking to international police and peacekeepers for protection.73
In recent years, two main anti-trafficking models have emerged. Some countries and tiffany somerset institutions, such as the United States and the European Union, promote anti-trafficking programs that emphasize the prosecution of traffickers. Other countries and institutions such as the United Nations High Commissioner for Human Rights (UNHCHR) and United Nations High Commissioner for Refugees (UNHCR) are pressing for a victim-oriented or "human rights" approach to fighting trafficking.
The United States Department of State, for instance, opened the Migrant Smuggling and Trafficking in Persons Coordination Center in December 2000, even while acknowledging, "at their core . . . these related problems are distinct."45 The US government nevertheless justified combining the two issues by pointing out that "these related problems result in massive human tragedy and affect our national security, primarily with respect to crime, health and welfare, and border control."46 By way of another example, the Canadian government supported a study jointly reviewing both smuggling and trafficking, even while pointing out the tiffany pendant distinctions between the two.47 The study was justified under the premise that "as human smuggling and trafficking are increasing, the tightening of border controls has taken on a new urgency from the fear of terrorism in the West, as well as restrictive measures placed on irregular migratory movements."48
Smuggling involves delivering persons to the country they wish to enter, initiated by the potential migrant. Smuggling often takes place under horrible and possibly life threatening conditions, but smuggled persons are left to their own devices upon delivery. Smuggling is not as lucrative for the perpetrators, as smugglers usually make only a short-term profit on the act of moving a person, while traffickers regard people as highly profitable, reusable, re-sellable, and expendable commodities.49In order for anti-trafficking initiatives to be effective, politicians must make the eradication of trafficking and the protection of tiffany ring persons into a prioritized goal, distinct from the elimination of smuggling or the tightening of border controls.
Not surprisingly, the European Union and the United States, among other institutions and governments, are conditioning financial assistance50 and entry into the European Union on the country's willingness to develop legislation curtailing trafficking within and across its borders51. Countries set to enter the European Union in 2004(52) are eager to pass legislation recommended by the European Union and the Council of Europe (CoE), and join working groups that address stemming the flow of trafficking and smuggling.53
Passing recommended legislation and making real efforts to stem the flow of trafficking, however, are often two different things. When countries simply adopt legislation in order to secure entry into the European Union or to meet financial assistance requirements, there is no real ownership or commitment to eradicating trafficking. The legislation, no matter how meticulously in conformity with international standards, will not be fully or atlas jewelry implemented at the local level without serious political willMany countries have now finally adopted some domestic legislation addressing trafficking, and most have eradicated earlier laws that punished trafficked persons for immigration or prostitution offenses.54 This section points out reasons no current laws are very effective in the fight to eradicate trafficking.
A piece of legislation is useful to trafficked persons and threatening to violators only if it is implemented and known by the traffickers to be fully in force. No matter how great the economic or political pressure applied by the European Union or the United States to encourage cushion jewelry to introduce legislation to prosecute traffickers, no incentive can create the political will to implement legislation if such will or ability does not exist or is not prioritized.56In Bosnia, for example, UNMIBH reported that of sixty-three cases brought against traffickers in 2000, only three were successfully prosecuted.57 Of those three, the defendants were all tried on charges related to prostitution, not trafficking. According to the HRW REPORT, all of the thirty-six cases brought involved charges related to prostitution and not trafficking-not just the three successful ones.58 In one of the three cases, three trafficked women and two brothel owners were arrested in a raid. Although the defendants admitted that they had purchased the women for prices ranging between $592 and $1162, the court convicted the three women for prostitution and dropped the charges against the male defendants.59
Coordination among responsible agencies to implement the law is often elsa peretti jewelry in the best of circumstances, further obstructing implementation.60 Meetings are held at the highest levels and those in attendance come away full of self-congratulations that plans are being made and laws adopted. Yet out in the community, brothels are raided and no screening is done for victims of trafficking; victims identify themselves to police and face prosecution;61 traffickers supply false passports to border police,62 and the girls and traffickers are waived through.
By consistently returning to their miracle and resisting the interest in discussing their "problem", the women shifted their thinking about conflict. However, this was not always possible as shown by Eadie in her first LCS:... I don't think I've had a joyous, totally guilt-free day, no conflict whatsoever, but I wouldn't expect that anyway ... the problem is the pressure I put upon myself .... trying to identify times when I've handled the conflict or done something to result in no conflict, that has helped . .. (Eadie).Despite a uniform approach, some women changed their behaviour while others changed their thinking. For example, by LCS-3 Carrie was thinking differently, but was not ready to implement any behavioural changes.... I know it's going to be difficult, not because I don't think I can do it but because I think it's going to take a long time to do it (Carrie).
Over the three meetings the process of change were monitored, and it cheap tiffany necklaces clear that changes in thinking often precipitated seeking help from others. Annie and Carrie recognised a need to speak to their managers and colleagues about their workload; their long hours resulted in work interfering with home, relationships and self-time (this represents the theoretical perspective of segmentation). Seeing things differently, Feona and Beckie sought support from their home-based partners to manage their work roles (showing "compensation"). To manage her diverse commitments, and with her partner's support, Beckie used the time management skills she had refined at work (an example of positive work-home spillover).
I think what it takes is me going home tonight and saying to my husband this is what I'm going to do and actually do it with him. It's just sitting down for ½ hour with the diary and saying there's 2 hours there. I think it's simply that ... I think that if I have some structured time, although it's cheap tiffany accessories to have some structured time on a weekend, it's a short term goal. I think that I would be happier (Beckie).Tables were constructed to show the individual's contributions within the three stages of the overall study. Table II shows Annie's contributions. Each table included the woman's on-going reflections of work-home experiences, as well as assessments of LCS effectiveness and outcomes. Used as individual case studies, these tables showed how the women progressed through the processes of resolving work-home conflict, in their own words. We make no claims for their generalisability, but offer one set as an example of the experiences that health professionals may seek to resolve.
Even with similar questionnaire scores, LCSs cheap tiffany pendants unique and often dynamic experiences of work-home conflict. Levels of conflict control ranged from 3 to 8 out of 10 (10 = high conflict control) across the LCS process (Table III). Participants understood the demands and expectations of home and work in different ways. This probably contributed to the unique solutions that were developed. Further, it was clear that some "problem" areas were not seen as "solvable" within this framework. For example, by LCS-3 Dasie had been signed off work with stress-related ill-health, therefore, for her the timescale of this framework was too short to resolve the complicated issues she was experiencing.It's made me think that I feel really crap and it's made me realise why I feel so panicky and so out of control. It has triggered me to think why I'm out of control. But that's good because it's brought it to light. It was going to happen and this has helped to let it not happen too late (Dasie).Carrie also felt that the SFT provided an introduction for a longer term process.These are solutions, these are not coping strategies, these are the things that need cleaning up, the actual coping and maintenance of that is something else, that's further than where we are now (Carrie).Although we planned to use scaling of conflict levels, and perceived ability to implement solutions at the end of each session, this was not always appropriate and was occasionally omitted. This explains why some CIRF scores were less than the maximum of 35 and why quantifying conflict achievements did not always reflect the cheap tiffany rings discussions.LCS assessmentEach participant evaluated the overall LCS process in their final session. They considered it raised their awareness to issues and situations that they often understood but had not yet addressed: it has worked as an impetus for me because there have been things that have been at the back of my mind that I have been thinking about for a long time but have never got round to doing, so that's been useful ... (Carrie).
LCSs helped to develop a realisation that every option represented a possible solution with positive long-term benefits. Indirectly, the sessions confirmed that individuals were moving in the right direction, "... I've know the end result I want to get to ... it's given me the cheap tiffany 1837 of getting there basically ..." (Annie), "... I like to think things through so it's good to have suggestions to think about" (Dasie).The LCS methods, specifically the reframing and reflecting, allowed the women to see the need for small, sometimes continuous, rather than just short-term or one-off, changes.