Olga Pyshchulina

May, 2005

1. Aim of the project

The objectives of the project are to study general factors for illegal migration and human trafficking, and factors which facilitate a criminal dimension. Specifies and updates the human trafficking definition in Ukrainian legal practice, particular meaning of the term “sexual exploitation”  “border crossing”, “consent”, or “systematic” and “organized group”, differences between “human trafficking” “smuggling” illegal migration.

My research will target:

2.2. Specifies and updates the meaning of the term “sexual exploitation”  “border crossing”, “consent”, or “systematic” and “organized group” (As present, for example, Ukrainian Criminal Code), differences between “human trafficking” and “smuggling”.

2.3.To develop better indicators of human trafficking which help to improve the data sharing among all relevant institution;

2.4. To collect data including on the character and scale of trafficking and the trafficking and exploitation mechanisms deployed by the organized criminal groups.

2. Identification of OSI network programs that may serve as partners and the expected benefits from the cooperation:

- build upon experience of the programs;

- establishing information sharing mechanisms;

- identification partners, advocacy organizations, experts and stakeholders.

More specifically:

2.1. Transnational crime and corruption center (Washington, DC)

2.2 IOM

2.3. UNDP

2.4. National Institute for Strategic Studies

2.5. Ministry of Internal Affair

3. Final outcome of the project

3.1. A research paper

Through the Ukrainian legislative review

3.1.1 review the current Ukrainian legal framework in regards to trafficking in person

3.1.2 correspondence of Ukrainian legal framework to international legal  one.

3.2 workshop and meeting

3.2.1 meeting with OSI networking programs responsible. Stakeholders, network of patients groups, citizen’s initiative and legal experts

3.2.2. participation at workshops

3.2.3. Anti Trafficking Regional, OSCE, Tbilisi

3.3 20-page policy study

Recommendation for lawmaker and governmental agencies in Ukraine for improvement human trafficking investigation;

3.3.1. Determination of the problems:  what the problems are and how they might be solve;

3.3.2. Identifying appropriate policy instruments;

3.3.3. Preparing legislative and policy recommendations for political decision makers.

3.4. briefing papers:

- Illegal migration

- human smugling

3.5. Policy Recommendation

3.5.1. Due to the main reason for human trafficking lie in the  absence of god economic opportunities the solution lien in reforms like equal access to the education, micro-credit  loan, equal pay for equal work, enforceable laws against sex, race and age discrimination, and more robust governmental responses to violence against women.

3.5.2. Receiving and sending countries need to actively cooperate to combat trafficking in person and marginalization of female migration. In the last decade, there was a trend toward stricter immigration policies in the main receiving countries. In this connection initiative should be undertaken at the high level and should include an active negotiation process with receiving countries.

3.5.3. The official state position toward prevention of trafficking in human being  should consists of the following theses: promotion of the principle of equal responsibilities  of countries of origin, transit and destination for the consequences of trafficking in person; countering discriminatory polices  (specifically visa polices) of receiving countries toward migrant from Eastern European countries that are practiced under the guise  of combating trafficking in person; readiness for close cooperation with international organization, such as OCSE, UN, IOM, ILO and others, on this issue.

3.5.4. In addition to the governmental response enhanced focus on combat trafficking in person, the main actors at the national level have been nongovernmental organization actively supported by international organization.

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