Abstract
During the first half of 2018, ICAO released Circular 352—Guidelines for Training Cabin Crew on Identifying and Responding to Trafficking in Persons—containing guidelines calculated to enable members of cabin crews and other transportation personnel to identify possible victims of trafficking and respond to their plight. The Circular was a joint release of ICAO and The Office of the United Nations High Commissioner for Human Rights (OHCHR), and has been identified by ICAO as a new tool which ensures that civil aviation’s remarkable ability to connect global citizens and societies is not abused by undesirable elements of humanity that prey on vulnerable humans, exploiting them for economic gain.
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Notes
- 1.
ICAO has already been described in earlier chapters.<?spieprPar3?>
- 2.
Cir 352, Guidelines for Training Cabin Crew on Identifying and Responding to Trafficking in Persons, ICAO:2018.
- 3.
The Office of the United Nations High Commissioner for Human Rights is a United Nations agency that works to promote and protect the human rights that are guaranteed under international law and stipulated in the Universal Declaration of Human Rights of 1948. The office was established by the UN General Assembly on 20 December 1993 in the wake of the 1993 World Conference on Human Rights.
- 4.
United Nations, Treaty Series, vol. 2225, No. 39574.
- 5.
Id, vol. 2237, No. 39574.
- 6.
Article 6.1 of the Tokyo Convention of 1963 provides that the aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offence or act contemplated in the Convention (Article 1.1), impose upon such person reasonable measures including restraint which are necessary: (a) to protect the safety of the aircraft, or of persons or property therein; or (b) to maintain good order and discipline on board; or (c) to enable him to deliver such person to competent authorities or to disembark him in accordance with the relevant provisions of the Convention is Chapter. Article 6.2 of the Tokyo Convention of 1963 provides that the aircraft commander may require the assistance of other crew members in restraining a person who performs an act in a breach of security in the aircraft. Article 10 of the Convention absolves the commander of the aircraft and any crew member from responsibility in the performance of such duties. See Convention on Offences and Certain Other Acts Committed on Board Aircraft, United Nations Treaty Series 220 (1969). https://treaties.un.org/doc/db/terrorism/conv1-english.pdf.
- 7.
Doc 10072, First Edition, 2017. See Abeyratne (2017a), pp. 634–646.
- 8.
The International Air Transport Association (IATA) is the trade association for the world’s airlines, representing some 275 airlines or 83% of total air traffic. IATA supports many areas of aviation activity and helps formulate industry policy on critical aviation issues.
- 9.
IATA Cabin Operations Safety: Best Practices Guide 3rd Edition (2017), at 4.10.8.
- 10.
Supra, note 1.
- 11.
Id. Article 44.
- 12.
Id. Article 44 a).
- 13.
Id. Article 44 d).
- 14.
See Abeyratne (2017a), note 68 at p. 635.
- 15.
The Federal Aviation Administration of The United States Department of Transportation defines trafficking as “a crime involving the exploitation of someone for the purposes of compelled labor or a commercial sex act through the use of force, fraud, or coercion. Additionally, when a person under 18 is induced to perform a commercial sex act, it is human trafficking”. See Enhanced Training for Flight Attendants, – Human Trafficking Recognition and Response, Flight Standards Service Washington, DC, InFO 16019 DATE: 10/25/16. https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info/all_infos/media/2016/info16019.pdf Of comparable relevance is the Modern Slavery Act 2015 of The United Kingdom which requires organizations with a turnover of more than GBP36 million to publish an annual statement detailing the steps they are taking to ensure their operations and those of their supply chain are trafficking free. Over 80 airlines are affected. Training and other anti-trafficking activities are an important aspect in demonstrating ongoing compliance.
- 16.
A/RES/61/180, Resolution adopted by the General Assembly on 20 December 2006. http://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_61_180.pdf.
- 17.
Circular 352, supra. paragraph 2.6.1.
- 18.
Id. 2.7.
- 19.
Id. 4.3.2.
- 20.
Id. 4.2.1.
- 21.
Id. 4.2.2.
- 22.
Supra, note 17.
- 23.
Airports Council International (ACI) is the only global trade representative of the world’s airports. Established in 1991, ACI represents airports interests with Governments and international organizations such as ICAO, develops standards, policies and recommended practices for airports, and provides information and training opportunities to raise standards around the world. This section provides you with information on the structure and background of ACI.
- 24.
Infra, Chap. 7 note 2.
- 25.
Supra, note 17.
- 26.
The Convention defines a transnational crime as a crime committed in more than one State or it is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or it is committed in one State but has substantial effects in another State.
- 27.
The International Criminal Police Organization (INTERPOL) is the world’s largest international police organization, with 192 member countries. INTERPOL’s role is to enable police around the world to work together to make the world a safer place. The Organization claims that its high-tech infrastructure of technical and operational support helps meet the growing challenges of fighting crime in the twenty-first century.
- 28.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Crime, See United Nations Convention Against Transnational Organized Crime and The Protocols Thereto, United Nations: New York, 2004, Annex II. http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf.
- 29.
The Protocol defines “trafficking in persons” as: “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…The recruitment, transportation, transfer, harbouring or receipt of a child (any person under the age of 18) for the purpose of exploitation”. Id. Article 3.
- 30.
Id. Article 2.
- 31.
Offences as identified in supra, note 29.
- 32.
Supra, note 28 at Article 9.
- 33.
Article 11 of the Palermo Protocol makes the position of the carrier clear when it states that where appropriate, and without prejudice to applicable international conventions, the obligation to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State, including any transportation company or the owner or operator of any means of transport, remains with the carrier. It must be noted that Standard 3.31 of Annex 9 to the Chicago Convention provides that Contracting States must assist aircraft operators in the evaluation of travel documents presented by passengers, in order to deter fraud and abuse.
- 34.
Palermo Protocol, supra, note 171, Article 12.
- 35.
See Abeyratne (2005), pp. 255–268.
- 36.
UN RES 55/2.
- 37.
Sixty-fourth session Agenda item 104; 12 August 2010.
- 38.
United Nations, Treaty Series, vol. 2225, No.39574.
- 39.
Id., vol.2237, No.39574.
- 40.
Id., vol.266, No.3822.
- 41.
Id., vol.1577, No.27531.
- 42.
Id., vol.2171, No.27531.
- 43.
Id. vol.2173, No.27531.
- 44.
Id. vol.1249, No.20378.
- 45.
Paragraph 27.
- 46.
Paragraph 33.
- 47.
Paragraph 34.
- 48.
ICAO’s Strategic Objectives are Safety: Enhance global civil aviation safety; Air Navigation Capacity and Efficiency: Security and Facilitation: Enhance global civil aviation security and facilitation; Economic Development of Air Transport: and Environmental Protection. See ICAO Business Plan 2017–2019. https://www.icao.int/Meetings/a39/Documents/Business%20Plan%202017-2019.pdf.
- 49.
See Abeyratne (2017b), pp. 38–69.
- 50.
Dr. Fang Liu, ICAO Secretary General adds: “With the recent adoption of the 2030 Agenda for Sustainable Development, for the first-time air transport is now considered an enabler of sustainable development; and as such improvements in this sector should be inherently linked to and embedded within, global, regional and national development frameworks. ICAO is actively engaged, in concert with its Strategic Objectives, in supporting the implementation of the 2030 Agenda by assisting its Member States in enhancing their air transport systems with a view of ultimately contributing, to the United Nations (UN) Sustainable Development Goals (SDGs). Supra, note 191 at 1.
- 51.
Jenks (1958), p. 55.
References
Abeyratne R (2005) The E-Passport and the Public Key Directory – consequences for ICAO. Air Space Law XXX(4–5):255–268
Abeyratne R (2017a) The cabin crew member as an integral link in the air transport chain: legal and regulatory issues. Zeitschrift für Luft- und Weltraumrecht/ZLW (Ger J Air Space Law) ZLW 66:634–646
Abeyratne R (2017b) Megatrends and air transport: legal, technical and economic issues. Springer, Heidelberg, pp 38–69
Jenks CW (1958) The common law of mankind. Stevens, London, p 55
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Abeyratne, R. (2019). Human Trafficking. In: Legal Priorities in Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-030-18391-2_5
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