Tackling Human Trafficking [The Barrister Magazine]


[As published on The Barrister Magazine: http://www.barristermagazine.com/article-listing/current-issue/tackling-human-trafficking.html]

Recently human trafficking has returned in the UK media spotlight, as a study by the Centre of Social Justice has been published denouncing the Government’s failure to tackle this complex form of transational crime.

The internationally recognised definition of ‘human trafficking’ can be found in the Palermo Protocol (Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children) to the Convention against Transnational Organised Crime (the Protocol entered into force in 2003):

“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs… The consent of a victim of trafficking in persons to the intended exploitation set forth [above] shall be irrelevant where any of the means set forth [above] have been used.”

This complex definition seeks to capture the chain of trafficking which includes the act, the means to carry out the act and the purpose of the act. Therefore, the definition should be understood as follows:

1) The act: “the recruitment, transportation, transfer, harbouring or receipt of persons

2) The means:by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person

3) The purpose:for the purpose of exploitation“. “Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

It should be noted that, in each one of the three limbs of the definition, the elements listed are alternatives to be satisfied. Therefore, contrary to popular belief, a victim of human trafficking does not necessarily need to have ‘travelled’ or have been ‘transferred’. In fact, the mere recruitment is sufficient to satisfy the first limb of the definition – provided the subsequent other two limbs are satisfied too. Similarly, in the second limb of the definition, it is not necessary to prove that the victim was subjected to violence or threat of violence: other forms of coercion which satisfy the legal threshold, which are more of a psychological nature rather than physical, include the abuse of a position of vulnerability (e.g. an individual who offers to “help” an orphan). Finally, exploitation is commonly correlated to prostitution. In reality, the variety of forms of exploitation is far wider and includes the exploitation of individuals in cannabis factories, as well as in otherwise legitimate enterprises such as the textile industry (e.g. where workers are unpaid, paid under the minimum wage or made to work in unsafe and illegal conditions).

Of course, for human trafficking to be identified, all three limbs of the definition must be satisfied. This is the most complex aspect since one or more stages of the chain of human trafficking can easily be concealed. The greatest problem of this form of crime is the difficulty posed in identifying the victims and the crime itself. Often a victim might even be confused as a perpetrator, since the police might come across them for the first time in the context of the commission of a criminal offence, such as cultivating cannabis.

On 6 April 2013, the European Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings and Protecting its Victims will come into force in UK, meaning that that is the deadline by which the country must fully implement it. Some of the key changes that will be brought about by this welcome piece of legislation are requirements for/to:

  • the establishment a dedicated national anti-slavery agency or Rapporteur
  • the establishment of an EU Anti-Trafficking Coordinator
  • increase public awareness of human trafficking
  • set up special measures for the protection of victims and, in particular, of minors
  • the revision of definitions relating to human trafficking offences to cover a broader range of cases, to include the commission of offences within the UK territory or by UK nationals outside of the UK territory
  • the establishment of a system by which prosecution and punishment of defendants later identified as victims of human trafficking may be dropped where it is proven that their commission of criminal offences is correlated to their status as human trafficking victims.

The Crown Prosecution Service has recently published a new set of guidelines on Human Trafficking taking into account the European Directive soon coming into force. The UK needs to also work hard in cooperation with other EU Member States on raising awareness amongst officials dealing with immigrants, such as those at the UK Border Agency, as well as members of the criminal justice system including judges that all too often misunderstand the nature of this complex crime.

Italians Abroad: A Voter’s Saga


It’s a beautiful sunny day here in London. One of those days that makes you feel hopeful about the future ahead. Yet my experience of voting for the Italian elections makes me all but hopeful for the future (and present) of my home country.

Preparation to vote for the current elections started back in August 2012.

I only discovered that I was supposed to enrol on the Registry of Italians abroad (AIRE) a few months ago, almost by accident. Since then, I have tried to understand what enrolment on the Registry implied for me and how I was supposed to it. I could not do it from here as I had to go to my hometown in Italy. I also came to realise that enrolment was not just an option to consider, but a legal obligation for any Italian citizen who has left the country for longer than 12 months (Law of 27 October 1988, n. 470). Needless to say, I was not aware of it (as many fellow Italians abroad).

Obviously, I quickly proceeded to rectify the situation, predicting an imminent election (an easy prediction to make, given the frequency of Italian elections). Of course, this implied attending to the Italian Registry Office in my home town Torino to obtain my birth certificate, in order to assemble my bundle of documents.

Anyway, fast forward…all documents were sent as required back in Autumn 2012. The website of the Italian Consulate warned me it could take up to five months for the procedure to be completed. When in December 2012 the elections were officially announced, I decided to have faith ‘in the system’ and I hoped things would sort themselves out magically. I should have known: this never happens if Italian bureaucracy is involved.

 

January 2013: still no sign of my documents confirming enrolment on the Registry of Italians abroad. I sent an email to the Italian Consulate expressing my concern given the impending elections. I received email confirmation both from the Italian Registry Office and from the Italian Consulate in London stating that my registration was confirmed. The format of the emails made it almost impossible to decipher the actual meaning but after   reading them carefully a number of times, I was (almost) sure that was the meaning of the emails! I also asked for reassurance that I’d be receiving the electoral votes on time and I was told I would.

11th February 2013: the website of the Italian Consulate stated that those who had not received their postal votes by 10th February should contact the consulate. Of course, mine was nowhere to be seen. I tried calling the ‘special line’ for the 2013 Elections within the opening hours (Mon-Fri 10 am-4 pm, i.e. when most people are busy at work)…always engaged. We emailed the ‘special email address’ dedicated to the 2013 Elections.

12th February 2013: unexpectedly, we receive a reply to our email. The rude reply stated that obviously we could not vote without the postal votes. Rather, since we did not appear on the Electoral Registry, they were still waiting for Clearance to send the papers to our London address. Clearance from whom? Why, if a month earlier we had been told everything was fine? Also, we were invited not to attend the Consulate (which would have obviously been a waste of time and would have required me to take time off from work).

14th February 2013: an email confirms Clearance has been obtained and the postal vote will be sent to us. Should we not receive them within 48 hours, we should go to the Consulate (guess what happened next…).

17th February 2013: still no sign of our postal votes…time to go to the Italian Consulate in Eaton Place. That is what a sunny Sunday is for, after all.

Upon arrival, we find the door suspiciously locked. We knock, and a man opens the door just enough to stick his head through and asks ‘Who are you?’

 ‘Italians’.

‘What do you want?’

 ‘We want to vote.’

‘Who’

My brother and I look at each other wondering if the question is ‘who are you voting for’.

No, there’s a misunderstanding. The question meant ‘who of you is here to vote?’

Answer: ‘both of us, that’s why we are here.’

‘Ok, come in.’ And the door magically opened. We walk in, there are a few people sitting quietly in the corner and a Carabiniere asks again ‘what do you want’. Same answer.

Next question ‘Are you enrolled on the Registry of Italians abroad?’. Answer: ‘Yes.’

Question: ‘Are you sure.’ Answer: ‘Yes.’

‘Ok, then. Fill in this form and give me your IDs.’

We do as asked, almost feeling guilty for having disturbed him on a quiet Sunday morning.

We hand over the forms, he takes them without saying a single word. Then indicates to go through. I ask: ‘Where’ and he reluctantly explains where to go.

We reach a waiting room which looks like a hospital’s waiting room, with about a dozen of people looking bored and confused. A lady whose name tag only indicates ‘Employee Number 12’ calls people and hands over documents to them without verifying anyone’s ID.

Surprisingly, after only 20 minutes, she calls our names. We say ‘it’s us!’. Same story: no documents asked and our envelopes containing the postal votes are given to us. She says ‘make sure you vote correctly otherwise your vote won’t count.’ And I reply ‘how do I vote correcly’. Again, with a very annoyed expression, she reluctantly explains how to vote correctly. She reminds me ‘the vote is secret’ (as if I didn’t know). I thank her, she says nothing and disappears behind a door.

 

I express my vote, feeling like I am living in one of Kafka’s books. I cannot seal the envelope containing my vote as it doesn’t stick. I tell the “carabiniere” and he says ‘it’s OK as it is’. I complain and I also tell him that I am worried that, if the Consulate had sent my postal vote as promised three days ago, where is that vote going to go? He tells me that I can either send it back or destroy myself. I make the observation that, actually, that would make it very easy for anyone to vote twice – not that I’d want to do it. He replies that obviously that is not my intention, but that if I destroy it, it will not happen. I again ask ‘how can he guarantee that I or anyone else will destroy it’ and I realise that at this stage, he is making me feel like I am the one trying to cheat and not the one trying to ensure no one else does.

I then ask what to do with my vote. He points at a transparent, large plastic box which is in the waiting room between the chairs. There are people sitting all around it and it is not locked. It can easily be opened by anyone. I throw my vote in the box feeling like I’ve just thrown it in the bin and I leave the Italian Consulate not at all certain that my vote will ever reach its destination.

 

 

 

Winter Cooking


I don’t usually post about my cooking, however today I decided to share two dishes I have cooked following the receipes on Giallo Zafferano which look delicious and were rather easy to cook. I will later update the post to include a translation of the receipes in English. You can see below a picture showing: 1) a savory pie with spinach, ricotta, pine kernels and raisins and 2) asparaguses wrapped in Parma ham with grated Parmesan cheese and puff pastry. It’s al been really easy to cook and it’s taken me about two hours to make both of them at the same time. Yummy!

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It seems like a perfect on this snowy London day…below are some pictures showing the snowy beautiful view from my flat in London!

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Back from Istanbul (and back to blogging)


After Istanbul, like after all of my travelling, I’ve come back with a better perpective on life and on London. As much as I love this city, it is even more obvious that, in London, there is a coldness and a distance between people.

I am writing this as I am sitting on the Bakerloo line to meet a friend in Little Venice. People do not look at each other, but not just on the tube…everywhere. On the street, at work, in the pub… The main question that comes to mind is ‘why’? …Do people feel that looking at someone else might be perceived as rude or invasive (the most common explanation my London friends have given to me when I expressed my thoughts on this issue)? That would be strange, though, considering it’s such a multi cultural city. Could it be that people feel scared of what they might see if they look up? Or do they simply not feel the need to do so?

If that is so, then how is it possible? Curiosity is intrinsec to human nature, just like interaction with fellow human beings. Some cultures, as it seemed to be the case in Turkey and in Italy (my home country), take it at times to the opposite extreme, and people are often showing their ‘curiosity’ so much to become invasive and irritating.

Surely a balanced compromise must be possible. Interest in other people is not only legitimate but necessary and healthy! It keeps us connected to the world around us and it makes us a part of it. A friend was recently commenting on how she’d never notice a good looking man whilst on her way to work, as her focus is entirely on the day and tasks ahead. She said that to explain why she thinks people in London appear ‘distant’ to me.

There are surely times when I’m oblivious to others if I’m lost in my own thoughts. But I don’t think I am generally capable of involuntarily blanking out people around me. In fact, when I’m thinking about something, I project my thoughts on the people around me and imagine what they would do, what they might think. It sort of helps me to get a perspective on things. I like feeling aware of my surroundings and this includes wondering where the lady sitting next to me, who’s wearing a thick black fur coat, might be going to ..or what the slim blond girl sitting opposite to me might be reading whilst tapping her new Converse shoes.

Yet when I look up at her purposefully, we never meet eyes. Wait! Something funny has just happened: just as I was writing this last comment, I looked up quickly and – yes! – the blond girl was looking at me and smiling! Maybe she thought I was weird, or maybe she thought that it was nice for another person on the tube to notice her existance and show interest in what she was doing.

My purpose was to challenge her sense of curiosity. Surely, when two strangers meet eyes, it means that some healthy curiosity for other people must still be there!

Below is a small selection of photos from Istanbul (a beautiful city). Enjoy & I promise my next blog post won’t be in six months!

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Sultanahmet Parki

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Sultanahmet Parki, view over the Blue Mosque (Sultanahmet Camii)

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Monkeys in a cage on a pavement in Gedikpasa Caddesi (Sultanahmet District)

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Topkapi Palace, inside the Hammam

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The Koran, Book Bazaar (Bazaar District)

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A wall in Yerebatan Kaddesi

The Shard 2012: the Opening


The opening of The Shard, Europe’s tallest building, in London: 6 July 2012. I took the pictures from the northern riverside near Monument Station and nearby.

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From the Guardian, 23 facts about the Shard:

 

• The Shard is 309.6 metres (1,016ft) high.

• The building reached its top height on 19 June.

• It has 11,000 glass panels.

• The area of the glass façade is 56,000 sq metres (602,779 sq ft), which equals eight football pitches.

• There are 44 lifts, including double-decker lifts.

• There are 306 flights of stairs.

• The total floor space is 11 hectares (27 acres).

• 95% of the construction materials are recycled.

• 20% of the steelwork is from recycled sources.

• The design was influenced by the irregular nature of the site.

• Each facet forms a shard, a plane of glass gently inclined inwards, rising towards the top.

• The corners of the development are open and the shards do not touch, allowing the building to “breathe”.

• There are 72 habitable floors.

• A further 15 levels will make up the “spire”. Six have the potential to be used, while another nine are exposed to the elements.

• The ground-floor Shard Plaza will be a public area with seating and planting.

• The second floor will be a 460 sq metre retail space with retail units opening out onto the concourse of London Bridge Station.

• The fourth to 28th floors will have 55,000 sq metres of offices and winter gardens.

• The 31st to 33rd floors will have 2,700 sq metres of international restaurants, centred on a triple-height atrium.

• The 34th to 52nd floors will house the Shangri-La Hotel and Spa, with 200 luxuriously appointed rooms across 18,000 sq metres.

• The 53rd to 65th floors will have 10 exclusive residences with 360-degree views across London over a total of 5,800 sq metres.

• The 68th to 72nd floors will be the public observation galleries. The 1,400-sq-metre View from the Shard will open in February 2013.

• The Shard is the tallest building in Europe.

• It is the 59th tallest building in the world, around 2.7 times shorter than the tallest, the Burj Khalifa in Dubai, which is 252.4 metres high.

Japanese Art Experiment


I recently experimented on a new painting style (new for me!)… I tried to reproduce a Japanese painting, finding inspiration in Ito Jakuchu’s painting “Tiger” and adding some other Japanese elements including Japanese writing (apologies for all the Japanese-speakers out there: I have no clue how to write / speak Japanese so I simply copied some characters I liked, trusting the website’s translation). Here’s the original painting by Ito Jakuchu:

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The first phase was about learning how to use black ink. Thanks to YouTube, I followed the amazing 3-part course by Anna, an Italian art teacher – http://www.youtube.com/watch?v=NutpxPq99RA. I highly recommend her course, although you will need to understand Italian to follow it! I was stunned by how quickly I learnt by following her clear directions and instructions. These were my first attempts:

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I then decided I would start off by drawing the contours of the main image by pencil:

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Next, I used both traditional watercolours and water-soluble pencils (Caran d’Ache) to obtain a nice variety of yellow-brown nuances for the tiger.

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Finally, I reached the stage of using the black ink for the first time! I was rather nervous, I must admit. I had spare paper with me and I was prepared to have to start the entire work all over again, being aware a little drop of ink could quickly ruin the entire picture. Happily, things went very well and I saved the painting when two drops came out rather heavily by using kitchen towel and then slighlty adapting the image to cover-up my little mistake. I don’t think it shows too much and I absolutely love the resultImage

Next I added some personal touches: I added a butterfly (again inspired by another Japanese painting, of which I cannot recall the name / author), a Japanese background with Mount Fuji (inspired by Hokusai) and Japanese characters (supposed to mean “Live, Laugh, Love”) . And here’s the final result:

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I absolutely loved painting this and I hope you like it too! I can’t wait to experiment some more with ink which is definitely a new tool I’ll add to my painting instruments.