Seminar on implementing the NATO Policy on Combating Trafficking in Human Beings
Historisk arkiv
Publisert under: Regjeringen Stoltenberg II
Utgiver: Utenriksdepartementet
Tale/innlegg | Dato: 24.11.2005
My main message is that NATO-led operations must never promote or sustain trafficking and sexual exploitation. We must make sure that a military presence does not result in a demand for prostitution or other services or activities associated with human trafficking, State Secretary Kjetil Skogrand said at a seminar in Stockholm. (25.11)
State Secretary Kjetil Skogrand
Key note address at NATO/EAPC seminar on implementing the NATO Policy on Combating Trafficking in Human Beings
Stockholm, 24 November
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Ladies and gentlemen,
It is a great pleasure for me to be here at the Campus Valhalla. During my previous job as a researcher at the Norwegian Institute for Defence Studies I was always very impressed by the long standing commitment to international peace and security of the Swedish academic institutions.
I am here today to talk about NATO´s implementation of the Istanbul commitment on trafficking in human beings. I would like to thank Sweden for hosting this event and for giving me the opportunity to speak on a subject that is close to my heart.
And let me state first: My government is strongly dedicated to the global combat against trafficking which is one of the most blatant violations of human rights today. We are especially concerned about the protection of children under 18 years against all forms of abuse, sexual exploitation and trafficking. Trafficking in children violates the inherent right of the child to grow up in a protective environment and the right to be free from all forms of violence.
I will start by setting out for you the rationalewhy this topic is important for international organisations dealing with security issues. Trafficking in human beings has become a serious concern for most countries in the world. It is by no means a new phenomenon, but has been common practice in many societies throughout history. However, in recent decades it has become part of a larger and more sinister picture. Trafficking in human beings is today a global business and the source of lucrative profits for the traffickers and crime syndicates, whose activities generally include other forms of illicit trade such as money laundering and smuggling of drugs, weapons and illegal migrants. The FBI estimates that the profit generated from these activities is 9, 5 billion USD a year world wide. Organised crime is, as we all know, also feeding the terrorist networks. It is defined by UN as one of the major threats to security and stability today.
Due to the multiform nature and secrecy of this type of crime, it is difficult to obtain accurate figures for the number of trafficked women and children. The OSCE estimates that between 300.000 and 500.000 women and children are fed every year into the prostitution market in Europe. Not all of them are trafficked, but there is usually a strong link between the sex industry and crime.
Today every region of the globe is affected by the problem of trafficking in human beings, as a source of either demand or supply. Because of the serious and inhuman nature of trafficking in persons, the international community has created a set of international law, rules and guidelines for preventing and combating this trade. The most significant global response to date is embedded in the UN Convention against Transnational Organized Crime and the Palermo protocol on trafficking in human beings. Not all countries present here have ratified these key instruments and I would take this opportunity to urge you to do so without further delay.
Why is it relevant to talk about trafficking in connection with international peacekeeping operations?
Peacekeeping operations take place in areas where chaos, breakdown of institutions and lawlessness prevails. Conflict and post-conflict areas are haunted by corruption and high exposure to economic shocks and weakened economic security. They are also fertile ground for all forms of exploitation. Sudden influx of money from the international presence often leads to inflation and growing economic inequality, which contributes to further corruption and crime. The local authorities are often unwilling or unable to tackle these issues and to restore security for its citizens, thus further undermining the whole purpose of international peace support operations.
Trafficking in conflict zones occurs because criminal networks are able to profit from a destabilised situation and power vacuum. The demand for prostitutes does not in itself result in human trafficking. Nor does the existence of men, women and children in desperate need of money or security automatically lead to trafficking. Organised criminal groups are drawn to conflict areas because of the large potential for lucrative illicit trade combined with weakened legal institutions. Trading in weapons and drugs, gives them the networks and resources necessary to engage in trafficking in human beings. This may either be in response to growing demand within the conflict zone or to the increasing number of potential victims for supply to outside markets. Traffickers are able to recruit victims by offering two things in great demand: income and an opportunity to escape the area affected by conflict.
As long as trafficking in persons is perceived as a ‘low risk – high profit’ activity, these groups will continue to take advantage of the situation. In international operations high priority must be given to the early establishment of a legal framework and strong legal institutions.
Trafficking is a challenge to our interpretation of the concept of security and whose security we are out to safeguard. Security for the state, for society and for people has become closely linked. Thus, combating trafficking in human beings is about restoring stability, implementing the rule of law and protecting human security and dignity. It is the core of what modern peacekeeping is all about.
The current challenges to security and stability are no longer confined to the military field. In consequence, the concept of security for civilians must include protection from exposure to trafficking. Human trafficking in conflict and post-conflict areas cannot be fought solely by focusing on the behaviour of the individual peacekeeper, but the mandated organisation must make the fight against trafficking part of its operation plan.
What is the added value that NATO can and should bring to the international efforts to combat this scourge?
At the Istanbul summit in June 2004, NATO leaders endorsed a common policy regarding trafficking in human beings. This policy was later supported by the countries of the Euro-Atlantic Partnership Council. At the core of this policy is the prohibition for all NATO staff to engage in or facilitate trafficking of human beings, and the requirement that all NATO staff must report on instances or suspicions of trafficking. This applies to all personnel in NATO-led operations, both military and civilian, including non-NATO troops and subcontractors.
NATO has opted for a strategy of engagement based on our shared values.
Unlike UN Convention on Translational Organized Crime, soft guidelines like the NATO Policy Guidelines are not legally binding. However, the guidelines have undisputable moral force and provide practical guidance in the field. Their value rests on the recognition and sharing by all members and partners of broadly accepted principles within our community.
We cannot deny that the presence of international troops in the Balkans has been a driving force behind the flourishing sex market. It is therefore essential that NATO, within its mandate and competence, should support responsible authorities in host countries in their efforts to combat human trafficking.
The effectiveness of NATO’s policy on trafficking in human beings depends on the support and commitment of national authorities. I recognize that national legislation on trafficking varies. Some nations simply do not see prostitution as part of this problem. Some just do not see the problem at all.
We have reason to be satisfied with what we have achieved in NATO since the policy guidelines first saw the light two years ago. We need, however, to make improvements as we go along. This is why we are gathered here today: to identify the gaps and short-comings and to discuss the best way ahead.
We have developed guidelines for what the training should include and who should be targeted. Education and training are the easiest part. Human trafficking is a prime example of an area where issues are complex and where co-operation with a many actors is required if the strategy is to be effective. The content of the training must have a broad scope and should be delivered by a variety of agencies. Continued training, both pre-deployment and in the field, is therefore essential. The great majority of personnel operating in NATO theatres of operation are still not aware of what human trafficking is about.
We have a lot more to do regarding the enforcement of the policy and our response to those who fail to comply with it. The value of our policy will be measured by our ability to intervene when cases of human trafficking occur and our willingness and ability to impose penalties on those who are responsible. Any sense of impunity for traffickers will be devastating to our efforts. Fear for the consequences must be real if our policy is meant to be more than rhetoric. We must make sure that members of NATO and NATO-led forces, who engage in or facilitate trafficking in human beings are liable to appropriate prosecution under national legislation. Only steps like this will ensure full compliance.
Last year NATO members agreed to review national legislation and report on national efforts to combat human trafficking. Personnel in NATO-led operations are under an obligation to respect domestic law in host countries. However, this requires that host countries have proper legislation and that it is effectively enforced, and that personnel are made aware of the legislation and of the consequences of not complying with it. It also means that no exceptions are to be made for international personnel and that the local authorities must be able and willing to apply the law when international personnel are involved.
We have agreed that it is a national responsibility to ensure that those who engage in or contribute to trafficking are prosecuted under national legislation.
We have furthermore agreed upon a confidential and transparent NATO internal reporting mechanism on violations of the policy. This is an important first step in ensuring that violations are reported. However, it is not sufficient. We need to look into options for open reporting mechanisms. This will help us built confidence with our partners and collaborators in the efforts stop human trafficking, and will show that the perpetrators of these crimes are indeed punished.
It is important that each country participating in an international operation is fully updated on NATO´s policy and that NATO is aware of how each member country is dealing with the issue.
As all NATO personnel are required to report on instances of trafficking as well as concerns regarding the possible involvement of other personnel in human trafficking, we should also examine the mechanisms to ensure the protection of so-called whistleblowers.
Thus my point is that, we need to ensure that we do not, by our presence, worsen the conditions for the population, and that personnel in NATO-led operations do not behave in ways that promote exploitation by fuelling demand.
NATO personnel are sent out to safeguard peace and security and to enable the democracy and rule of law to be restored. This aim will have no credibility if the protectors are also the abusers.
NATO is not the primary organisation for combating human trafficking and other forms of organised crime in the areas where we operate. NATO members and partners cannot shoulder all responsibility alone, but we can be a front-runner by being a good model.
We need to cooperate with others, especially the OSCE, the EU and the UN when formulating a policy against human trafficking peacekeeping operations. We need an interlocking system of peacekeeping capacities as proposed by the UN Secretary General in his report “In Larger Freedom”. Norway will work actively within NATO for an enhanced relationship between NATO and the UN. Stronger relations between the two organisations are all the more important given NATO’s increasingly global engagement. We need also to engage in a close dialogue with the OSCE and the EU as well. Common approach to combating trafficking must be a goal.
It is encouraging to note how seriously the UN is now addressing sexual exploitation and abuse. At the same time it is extremely worrying to note the increase in new cases. I was shocked to hear that UN investigators were being hindered in their work in DR Congo by troop-contributing countries. A wall of silence kept sexual abuse cases from being investigated. Rapes were often explained away as contact with prostitutes. Military leaders would say: “Why should we ruin someone's promising career over an act with a prostitute? The local people were saying: “This behaviour would not be accepted in these soldiers´ home countries, so why are they allowed to behave like here?"
The negative publicity affects us all. The UN has developed procedures to curb sexual abuse by peacekeepers, but the measures are not being put into force because of a deep-rooted culture of discrimination of women and acceptance of sexual exploitation. The ultimate responsibility rests with the troop-contributing countries. They are the ones to ensure the full compliance with the UN zero tolerance policy and to prosecute the breaches. The prosecution of perpetrators is a signal to the victims that we take their plight seriously, and that the UN is committed to its core values.
Norway has recently contributed with USD 500 000 to the DPKO’s Group of legal experts on accountability of UN staff for criminal acts committed in peacekeeping operations. My government is deeply committed to strengthening the UN’s role in the world community and to restore its good reputation.
The proper handling of sexual misconduct is closely linked to the wider issue of “Women, peace and security” and the implementation of Security Council Resolution 1325. Five years after its adoption, we can make even better use of the available gender expertise in order to better understand the societies and people we are trying to help. UN peacekeeping missions are still overwhelmingly male. In September, only 10 of the 17 peacekeeping missions had a fulltime gender advisory position. According to UN figures, these 17 missions involve 80,000 people.
We need to encourage women to take part in NATO´s international operations. Operations in the Balkans and Afghanistan have taught us that the presence of both sexes creates better peacekeepers, and that it opens new opportunities to collaborate with the local populations, and with civil society actors, in particular women’s groups. This is essential for preventing sexual misconduct and human trafficking.
Norway is committed to ensuring that resolution 1325 will be fully implemented in NATO-led operations. We will address that issue in the upcoming national plan of action on the implementation of the resolution.
My last point concerns the protection of the children. In this area we need to forge strong partnerships with the NGOs.
The trafficked children are the most vulnerable of the victims. Eradicating trafficking in children is about combating a particular horrendous form of exploitation. It is very easy to lead and mislead children in armed conflicts when they have lost their parents and are displaced. They are always the main victims of social and economic disturbances.
We must have a zero tolerance for all forms of child abuse and trafficking. NATO must take its part of the responsibility to combat and prevent child abuse in countries where The Alliance is operating. All forms of exploitation of children under the age of 18 1Ref. Optional protocol in UN Convention on the Rights of the child should be defined as a crime towards the child and should be dealt with accordingly. Guidelines for NATO personnel must be developed to enable them to assist or take charge where children need to be rescued from situations where they are at risk. All interventions should take into account the best interests of the child in accordance with the UN Convention on the Rights of the Child.
This is also means improving the security of international personnel in the field especially now that NATO is conducting out-of-area operations. Today, almostevery ongoing conflict involves child soldiers. International peacekeepers have experienced coming face to face with a child soldier carrying a gun and ready to kill. Having to fight a child is a terrible dilemma. Combating child trafficking is also about combating the use of child soldiers and restoring the basic rules of warfare.
In conclusion, my main message is that NATO-led operations must never promote or sustain trafficking and sexual exploitation. We must make sure that a military presence does not result in a demand for prostitution or other services or activities associated with human trafficking.
This seminar is a good opportunity to renew our dialogue on how to intensify our efforts. I am confident that the outcome will be a valuable contribution to our thinking and policy development. But I also believe strongly that actions speak louder than words. We need to set aside the resources that are required, both in manpower, time and financially, in order to have an effective implementation of our policy. The proof of the pudding lies in the eating.
I wish you every success and thank you for your attention!