National Action Plan to Combat Human Trafficking
The National Action Plan to Combat Human Trafficking is a four-year
During the 2011 Canadian federal election, Stephen Harper, Prime Minister of Canada, promised to establish the NAP-CHT by 2012 and to invest CA$20 million into it. The Plan was established by the Government of Canada on schedule on June 28, 2012 with a budget of $25 million, $500,000 of which was to be used for supporting victims. The NAP-CHT's recommendations are divided into four categories called the "4 Ps": partnership, prevention, prosecution, and protection. Although Smith recommended that the government investigate ways in which prostitution law in Canada might be altered to emulate Sweden's Sex Purchase Act, thereby prosecuting those who purchase sexual acts and not those who perform them, the plan does not make any such legislative recommendations. The NAP-CHT replaced the IWG-TIP with the Human Trafficking Taskforce, chaired by Public Safety Canada and mandated with coordinating the plan's implementation and the generation of annual progress reports, to be made publicly available.
The National Action Plan was received positively by many, but not all, Canadian NGOs and law enforcement officials.
Proposals
Background
In 2004, the Interdepartmental Working Group on Trafficking in Persons (IWG-TIP), the working group responsible for coordinating the Government of Canada's efforts against human trafficking, was mandated to create a national anti-human-trafficking plan.[1] On March 31 of that year, the IWG-TIP website was updated to state that it was meeting with academics and non-governmental organizations (NGOs) "to discuss various elements of a potential federal anti-trafficking strategy," but no more updates were forthcoming on the website for the next four years.[2] Politicians and NGOs proceeded to remind the IWG-TIP of its unfulfilled mandate for the eight years following 2004,[1] and the IWG-TIP continued to promise to establish such a plan.[3]
"Connecting the Dots"
Development
In September 2009, Smith's Bill C-268 successfully passed into law as
Smith recommended that the Canadian government investigate ways in which
Smith argued that Canadians convicted of child sexual abuse should not be permitted to travel outside Canada,[11] and that Canada should help combat the trafficking of children in other countries.[12] The "Connecting the Dots" document called for the institution of a "Connecting the Dots Day" at elementary schools for students in Grade 6, which Smith suggested would be the best grade in which to introduce the concept of human trafficking to students because younger children are increasingly at risk of being victimized.[13] She also recommended that the Canada Border Services Agency (CBSA) track foreign women who arrive alone in Canada for six months to ensure their safety from traffickers.[9] Smith said that she was "convinced that a federally led national action plan would address [the] challenges [of human trafficking] by implementing an integrated response to target the traffickers and provide relief and protection for the victims." She said that the plan needed to be integrated on a national level because human trafficking is a clandestine activity.[11] Smith advocated making the protection of victims central to the plan,[14] and recommended consulting First Nations communities about anti-human-trafficking efforts.[8] University of British Columbia law professor Benjamin Perrin[15] helped guide Smith's writing of "Connecting the Dots".[16]
Responses
Smith's proposal received strong endorsement from organizations that support human trafficking victims and from law enforcement agencies.[17] Marlene Jennings, a Liberal MP, praised Smith's proposal overall but argued that it did not sufficiently distinguish between human trafficking and prostitution. Smith responded that there is a clear correlation between the two issues. Callandra Cochrane of Citizens for Public Justice said that such a plan "has become an imperative in order to ensure the protection of victims and effectively combat human trafficking," but that Smith's proposal had "definite weaknesses that need to be strengthened."[8] Cochrane praised the document's suggestions that NGOs be granted funding, that efforts be coordinated with First Nations communities, that awareness-raising campaigns be initiated, and that immigration be regulated. She argued that "Connecting the Dots" was too focused on those who create the demand for sex trafficking and did not sufficiently address victim rehabilitation. Loly Rico of the Canadian Council for Refugees made the same complaint. Rico recommended that the proposal be amended to allow human trafficking victims to become permanent residents of Canada so they would be more effectively protected against being trafficked again.[8]
In October 2010,
The
Eventually, Smith submitted "Connecting the Dots" to Harper.
Criticism of Canada for lacking such a plan
Before the establishment of the National Action Plan, a variety of people and organizations—including First Nations, human trafficking victims, law enforcement, and victim service providers—criticized Canada for failing to have such a plan. Charles Momy, president of the Canadian Police Association, said that despite existing efforts from local law enforcement agencies, Canada lacked and required "a coordinated response to ensure the offenders are prosecuted, and put a stop to this modern day form of slavery."[11] In October 2008, John Fenn of Toronto's Streetlight Support Services expressed his frustration that there was still no national action plan on this subject despite the passing of the corresponding motion the previous year. Fenn said, "Even if we make a muck of the thing if we get started, let's get started." Benjamín Santamaria of Project Desert Roses, another Toronto-based organization, voiced the same complaint.[2]
In 2009, the United States Department of State annual Trafficking in Persons (TIP) Report was released at a news conference at the American consulate in Vancouver; it criticized the Government of Canada for failing to have a national action plan to address human trafficking. At the conference, Perrin, who was named in the report as one of the world's ten anti-human-trafficking heroes, called for Harper "to announce that he will enact a national action plan to combat human trafficking to follow up on the measures that his government has already taken."[15] Perrin said that Canada's lack of a plan made the country look bad internationally and prevents the issue from being adequately addressed.[26] Perrin said that the establishment of a national action plan on this issue "should be a priority for our federal government to end this atrocious crime that is flourishing in Canada." He wrote the book Invisible Chains: Canada's Underground World of Human Trafficking and said that a national anti-human-trafficking plan is necessary if the country is to be free and just.[11] Perrin said that his book, which was published within three weeks of the release of "Connecting the Dots",[27] "shows that while traffickers have a plan, Canada doesn't."[16]
The 2010 TIP report also condemned Canada's lack of a national action plan, and said that Canada is a destination, source, and transit country for
York University professor Natalya Timoshkina, who was part of two research studies about human trafficking in Canada, said that the United States was combatting human trafficking much more effectively than Canada was. Timoshkina said that Canada's responses to human trafficking have been sporadic and that, even if a national action plan was implemented, Canada needed to begin engaging with other countries on this issue.[26] In February 2011, Shae Invidiata of Free-Them—a Canadian organization that raises awareness about human trafficking—said it was "mind blowing [that] currently we do not have a national action plan to combat human trafficking in Canada."[28]
Preparations by the federal government
During the 2011 Canadian federal election,[7] Harper promised to establish the NAP-CHT by 2012 and to invest $20 million into it.[29] The annual budget of British Columbia's Office to Combat Trafficking in Persons (OCTIP) was reduced by $200,000 a few months later.[30] OCTIP was Canada's only provincial government agency responsible for coordinating efforts to address human trafficking.[31] The federal government held a round table to determine the contents of the NAP-CHT. Carleen McGuinty, child protection specialist for the Christian NGO World Vision Canada, said at the discussion that the NAP-CHT should focus on the needs of children and that the plan should not emphasize child sexual abuse to the exclusion of addressing child labour. Smith said that she was confident that Harper would have her review the plan before it was established.[14] The government consulted ACT Alberta,[32] The Salvation Army, and the AAMS in the development of the plan.[33]
Establishment
Announcement
The plan was established by the Government of Canada on June 6, 2012 with a four-year budget of $25 million,
Ambrose called the plan an "important step to ensure the safety and security of women and girls across Canada who are being targeted for sexual exploitation by violent traffickers".
Contents
The plan states that human trafficking "is often described as a modern form of slavery,"[39] but that no one knows how prevalent it is in Canada.[40] The NAP-CHT also says that women and girls are the most common victims of human trafficking.[41] Randy Hoback, MP for Prince Albert, Saskatchewan, said that the goals of the action plan included "enhancing the response of law enforcement and the justice system to cases of missing and murdered Aboriginal women and girls and supporting culturally appropriate victim's services."[41] The NAP-CHT document states that there had been 25 human-trafficking-specific convictions in Canada prior to April 2012, and that 41 people had been victims of those 25 crimes.[42]
The plan's recommendations are divided into four categories called the "4 Ps": partnership, prevention, prosecution, and protection.[43] Included in the plan are action items with measurable goals.[44] The plan encompasses support for victims, the increase of law enforcement across the country, and the consolidation of existing anti-human-trafficking efforts. The plan also outlines novel initiatives to more effectively prosecute perpetrators, identify and protect their victims, prevent further crimes, and engage in international partnership.[34] There is a specific commitment to participate in international child protection.[45] The NAP-CHT instituted the Human Trafficking Taskforce, chaired by Public Safety Canada and mandated with coordinating the plan's implementation and the generation of annual progress reports,[46] which were to be made publicly available.[47] This taskforce replaced the IWG-TIP, which had been tasked solely with information sharing.[46] The new taskforce involves 18 federal government departments. Public Safety Canada called the NAP-CHT "a comprehensive blueprint to guide the Government of Canada's fight against the serious crime of human trafficking."[34]
It introduced training for police officers and anti-human-trafficking service providers in communities that are particularly susceptible to human trafficking.[34] The plan also includes an increase in training for prosecutors, border guards,[36] and judges.[43] The plan launched a nationally integrated law enforcement team tasked specifically with combatting human trafficking, the first of its kind in Canada.[34] The team combines the forces of the Royal Canadian Mounted Police (RCMP), CBSA, and local police. Due to difficulties encountered by Canadian law enforcement when investigating human trafficking before the establishment of the NAP-CHT, this model of law enforcement integration, emulating successful teams combatting human trafficking in the United States, was included. This law enforcement integration model is intended to optimize information sharing and facilitate proactive investigation. The NAP-CHT allocates substantial funds to the RCMP Human Trafficking National Coordination Centre (HTNCC),[43] which is based in Ottawa.[48]
Also included in the plan is an outline for raising awareness about human trafficking across Canada.[34] The plan specifically mentions TruckSTOP, a campaign of Persons Against the Crime of Trafficking in Humans Ottawa, as being integral to the plan.[32] According to the plan, the CBSA is responsible for informing foreigners about human trafficking because of their increased vulnerability.[48] The plan includes a provision for the government to partner with NGOs that oppose human trafficking.[49] Although Smith said that human trafficking would be more effectively combatted if Canada's prostitution laws were reformed to align with those of Sweden, criminalizing the purchasing rather than the selling of sex, the NAP-CHT does not make such legislative recommendations.[50] The plan enables immigration officers to issue temporary residence permits to foreigners victimized by human trafficking in Canada, thereby providing these victims with opportunities to receive aid.[48]
Implementation
The plan came into force on June 28, 2012.[51] After the establishment of the national action plan, British Columbia established a provincial action plan informed by the national one to coordinate its anti-human-trafficking efforts with the federal government's. OCTIP then became involved in implementing the national and provincial action plans.[52] The provincial action plan, published in March 2013, states that contributing to development of the NAP-CHT through consultation and information sharing was an immediate priority.[53]
The month after the plan took effect, the Canadian government announced that the country's sex industry would no longer be allowed to employ foreign workers because of the risks of exploitation, abuse, and trafficking in that environment. As part of this policy, the
The Canadian government spent more than $6 million on actions related to the NAP-CHT in 2013.
Reactions
To the plan's establishment
The establishment of the plan was received positively by many Canadian NGOs and law enforcement officials.
Brian Venables, Divisional Secretary for Public Relations and Development for the British Columbia Division of The Salvation Army, said, "We welcome a plan that enhances the support for the victims of these horrible crimes ... and are pleased to have been part of the plan's development." He also praised the plan's outline of how to educate the public on the subject of human trafficking and how the police and the judiciary should cooperate on the subject. Brian McConaghy of Ratanak International said that he was pleased to see the NAP-CHT established and that the plan's framework is necessary to protect those at risk of being trafficked. Sister Nancy Brown of Covenant House British Columbia said that her organization was in support of the NAP-CHT and Smith's efforts to combat human trafficking. The Servants Anonymous Society's chief financial officer, Dominique Machefert, said that her organization "applauds the Conservative Government for taking the issue of human trafficking seriously and for executing the necessary steps to enact the National Action Plan to Combat Human Trafficking."[33]
A common criticism of the plan is that it is not victim-centric and that its support for victims is insufficient. Bethany Hastie of McGill University said that the HTNCC had a good track record of intelligence assessment and awareness-raising with respect to human trafficking, and she therefore approved of the plan's funding of the HTNCC. She was critical of the plan's emphasis on law enforcement, saying that "the crime-fighting focus of the plan has unfortunately detracted from ... victim services." She said that more attention to victim services was necessary because most Canadian provinces were employing only ad-hoc methods of supporting victims, often omitting important elements such as legal aid and situation-appropriate shelter.[43] A few weeks after the establishment of the NAP-CHT, Dean Allison, MP for Niagara West—Glanbrook, Ontario travelled to Cambodia and Thailand to learn more about human trafficking as part of a parliamentary delegation with World Vision Canada, and he said that his meetings there convinced him "that we are on the right track in Canada with our National Action Plan."[62]
In October 2012, the Canadian Coalition for the Rights of Children (CCRC) said that it approved of Canada's adoption of the plan, but was reserving judgement on whether the new Human Trafficking Taskforce would be more effective than the body it replaced.[46] The CCRC criticized the NAP-CHT for including "few specific strategies for children and no mention of strengthening respect for children's rights as part of prevention."[45] The CCRC also said that the NAP-CHT lacks recognition of the responsibilities Canada has according to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. The coalition therefore recommended that the plan be amended to include mandatory sentencing for traffickers of children, and to provide for collaboration with youth organizations.[45]
Also in October 2012, Jamie McIntosh of IJM Canada said that his organization supports the NAP-CHT, and that the plan's promises to participate in international child protection would be best fulfilled by apprehending and prosecuting Canadians who engage in child sex tourism and child trafficking in other countries. McIntosh recommended that this work be focused on Cambodia, the Dominican Republic, Mexico, the Philippines, and Thailand because these countries are particularly vulnerable to Canadian traffickers. He also recommended focusing on these countries because Canadians have been caught participating in child sex tourism there; McIntosh made specific reference to the cases of Kenneth Klassen and Donald Bakker.[63]
In response to the plan,
To the plan's implementation
A month after the plan's establishment, Public Service Alliance of Canada Prairies Regional Executive Vice-President Marianne Hladun wrote an open letter to Brad Trost, MP for Saskatoon—Humboldt, saying that, while she approved of the NAP-CHT, the government was being inconsistent in its treatment of human trafficking because it had recently announced that it would be eliminating four CBSA intelligence officer positions, thereby dismissing four people who were already doing effective anti-human-trafficking work.[66] When it was announced that foreign workers would no longer be issued permits for work in Canada's sex industry, Tim Lambrinos, leader of the Adult Entertainment Association of Canada, said that he might challenge the policy because he believed that "strip clubs are a very safe environment" and that the government was "destroying an industry [and] creating a labour shortage."[54] At Toronto's third annual Walk for Freedom in September 2012, Shae Invidiata criticized the NAP-CHT for allotting only $500,000 to victim services, saying, "I'm very grateful, but we need more."[35] Smith also said that the $500,000 allotted to support victims was insufficient. She said that many of these organizations "still struggle to provide basic care for victims of human trafficking" and that there should be a "considerable increase in support from the federal and provincial governments for these organizations."[44]
In June 2013, on the first anniversary of the plan's establishment, a variety of NGOs released a joint report about the NAP-CHT. In this report, Don Hutchinson, vice president of the EFC, said that "continuing focused implementation of the Action Plan is essential to Canadians doing our part to put an end to this travesty." Michael Maidment, director of federal government relations for The Salvation Army, wrote that the plan was important and sends a message to traffickers about the government's commitment to end human trafficking. Andrea Burkhart, on behalf of ACT Alberta, wrote that victim support funding needed to increase. Karlee Sapoznik, president of the AAMS, criticized the NAP-CHT for ignoring the country's "crucial lack of research and data," writing that "we need sustained research on the nature of human trafficking within and involving Canada."[25] Nonetheless, she said that her organization was pleased to have been consulted in the development of the plan.[33]
That July, Stefan Lehmeier, a World Vision Canada Senior Policy Advisor for Child Protection, said that World Vision was pleased with the establishment of the NAP-CHT and with Canadian politicians' level of interest in the plan. He said that "there has been progress in combating human trafficking" as a result of the NAP-CHT, but he criticized the country for not doing more with the new information that the plan has exposed, saying that "we haven't seen the number of convictions we wanted to see." Lehmeier said that the RCMP should collaborate more with law enforcement agencies in Southeast Asia to address the issue of Canadians participating in sex tourism there.[67]
In September, Jennifer Lucking of Walk With Me encouraged Canadians to write to their members of parliament to make sure that the promises outlined in the plan come to fruition.[21] In preparation for 2013 Walk for Freedom, Invidiata said she was glad that the NAP-CHT had come into existence, but that the related funds should be released in a different way.[68]
Notes
- ^ Sources do not specify when the proposal was submitted to Harper, but it was no earlier than February 2007 and no later than April 2012.
References
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- ^ Thomas S. Axworthy (February 11, 2009). "Canada can join Obama to end human trafficking". Toronto Star. Retrieved May 25, 2013.
- ^ Jim Coggins (May 2007). "Canadian activists pursue today's slavers". CanadianChristianity.com. Retrieved May 25, 2013.
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- ^ a b Randy Hoback (March 7, 2013). "Working Together: Engaging Men in Ending Violence against Women". paNOW. Retrieved October 21, 2013.
- ^ British Columbia Ministry of Justice (2013), p. 6.
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- ^ a b "Government Launches Canada's National Action Plan to Combat Human Trafficking". CanadianChristianity.com. June 7, 2012. Retrieved October 10, 2013.
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- "Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography" (PDF). Canadian Coalition for the Rights of Children. October 5, 2012. Archived from the original (PDF) on October 22, 2013. Retrieved October 21, 2013.