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The Crime of Trafficking in Persons in Lebanon Practical Indicators

The Crime of Trafficking in Persons in Lebanon
Practical Indicators


Introduction

The Law on the punishment for the crime of trafficking in persons, passed on August 24th, 2011 under No 164/2011 (published in the Official Gazette on September 1st, 2011), defined, in its first article, the components of this crime as follows:
- To transfer, receive, detain a person or find him a shelter,
- By means of the threat or use of force, abduction, deception, the abuse of power or of a position of vulnerability, the giving or receiving of sums of money or benefits, or the use of these means on a person having authority over another person,
- For the purpose of exploiting him or facilitating his exploitation by others.

The said Law considered that exploitation is the fact of forcing a person to participate in any of the following acts:
- Reprehensible acts.
- Prostitution or exploitation of the prostitution of others
- Sexual exploitation
- Begging
- Slavery or practices similar to slavery
- Forced or compulsory labor
- Recruitment of children for use in armed conflicts
- Forced involvement in terrorist acts
- Removal of organs or tissue from the victim’s body


Since facing and combating the crime of trafficking in persons depends on the actual and efficient application of the provisions stipulated by Law No 164/2011, which requires the early detection of any of the cases that may lead to this crime,

There must be practical indicators, as early warnings, that could predict a case of human trafficking, allow distinguishing it from other crimes, prosecute its perpetrators and provide support and help to its victims.

This booklet includes practical indicators for the crime of trafficking in persons in Lebanon based on Law No 164/2011, and it has been made to be used as a working tool by:
- “the front liners” working with each potential victim of trafficking in persons

- The parties concerned in the prosecution and punishment of the human traffickers

- Any person who may meet a potential victim of human trafficking by virtue of his/her functions or activities.


The Practical Indicators

The practical indicators that will be mentioned hereinafter:
- Are not listed on an exclusive basis, for other indicators may be detected depending on the different cases of exploitation

- Are the most commonly used to detect cases of human trafficking

- Apply to victims of human trafficking, whatever their race, nationality or age.


What are these indicators?

A position of vulnerability
- Difficult living conditions (poverty, destitution, …)

- Vulnerable groups (women, children, people with special needs, female domestic workers, children exiled from their families, ethnic minorities, persons without identification documents, street children, refugees, displaced people, …)

- Unfamiliarity with the local language and laws

Poor working conditions
- The person is dependent on the employer or on another person to secure the necessities of life (housing, food, clothing, …)

- Salary seizure

- Hazardous or prohibited work

- Exceed the legal working hours and deprivation of rest


Deception
- Breach of the promises made to the victim, in writing or verbally, about the nature and conditions of the agreed work

- Disappointment after starting work and inability to leave it

 

Limitation of movement
- Isolation from the outside world

- The victims are detained and placed under guard to prevent them from escaping

- Seizure of identification documents

- Prevent the victims from contacting their parents, relatives or acquaintances and prevent receiving any call from them

- The victims have no access to medical care


Sexual exploitation
- Make a minor work in prostitution

- The person who has taken the sexual act or service does not receive the proceeds of prostitution

- Participate in pornographic works (films, photos, shows, videos, …)

- Push the partner in a romantic relationship to undertake acts punishable by law

- Early marriage

- Cases of fictitious marriage

- Use the institution of marriage or polygamy and multiplicity of marriage as a front to undertake acts punishable by law


Violence in its different forms
- Physical, sexual and moral violence
- Use of force, intimidation and threats to compel the victim to succumb to the demands of his/her trafficker
- Threatening to report on the victim’s illegal status to prevent him/her from filing any complaint
- Threatening to cause damage and harm to the parents and relatives
- Deprivation of food, clothing and sleeping


Involvement of children in armed conflicts
- Presence of children in armed groups
- Possession or carrying of arms by children
- Do different works in the armed groups’ headquarters

 

Drafting Committee
This manual was developed at the initiative of the Institute for Human Rights of the Beirut Bar Association and with the support of the American Embassy in Lebanon. Has contributed to the drafting representatives of:

The Ministry of Justice:
Judges Hélène ISKANDAR, Nada ASMAR, Marleine EL-JURR, Samer YOUNES and Rana AKOUM

The Ministry of Social Affairs:
Mrs. Abir ABDELSAMAD and Mrs. Jocelyne KALOUCH

The Ministry of Labor: Mrs. Marleine ATALLAH

The Lebanese Army Command: Brigadier Naim ZIADEH

The Directorate General of Internal Security Forces:
Lieutenant Colonel Elie ASMAR and Lieutenant Colonel Ziad KAEDBEY

The Directorate General of General Security:
Lieutenant Colonel Kamil NAOUM and Captain Talal YOUSSEF

The Institute for Human Rights of the Beirut Bar Association:
Lawyer Elisabeth ZAKHARIA SIOUFI

 

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