Trafficking in human beings is the recruitment, transportation, transfer, harbouring or receipt of persons for the purpose of exploitation. Trafficking involves a process of using illicit means such as 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.
Exploitation includes persons forced into forced prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. For children exploitation may include also, illicit international adoption, trafficking for early marriage, recruitment as child soldiers, for begging or for sports (such as child camel jockeys or football players).[1]
Human trafficking differs from people smuggling. In the latter, people voluntarily request smuggler's service for fees and there may be no deception involved in the (illegal) agreement. On arrival at their destination, the smuggled person is either free, or is required to work under a job arranged by the smuggler until the debt is repaid. On the other hand, the trafficking victim is enslaved, or the terms of their debt bondage are fraudulent or highly exploitative. The trafficker takes away the basic human rights of the victim. Victims are sometimes tricked and lured by false promises or physically forced. Some traffickers use coercive and manipulative tactics including deception, intimidation, feigned love, isolation, threat and use of physical force, debt bondage, other abuse, or even force-feeding with drugs to control their victims. [2]
In the case of children, such practices are considered child trafficking even if none of the illicit means previously described is used.
Trafficked people usually come from the poorer regions of the world, where opportunities are limited, and are often from the most vulnerable in society, such as runaways, refugees, or other displaced persons, (especially in post-conflict situations, such as Kosovo and Bosnia and Herzegovina), though they may also come from any social background, class or race. People who are seeking entry to other countries may be picked up by traffickers, and — typically — misled into thinking that they will be free after being smuggled across the border. In some cases, they are captured through slave raiding, although this is increasingly rare.
Trafficking of children often involves exploitation of the parents' extreme poverty. The latter may sell children to traffickers in order to pay off debts or gain income or they may be deceived concerning the prospects of training and a better life for their children. In West Africa, trafficked children have often lost one or both parents to the African AIDS crisis. [3] [4]
Women, who form the majority of trafficking victims, are particularly at risk from potential kidnappers who exploit lack of opportunities, promise good jobs or opportunities for study, and then force the victims to be prostitutes. Through agents and brokers who arrange the travel and job placements, women are escorted to their destinations and delivered to the employers. Upon reaching their destinations, some women learn that they have been deceived about the nature of the work they will do; most have been lied to about the financial arrangements and conditions of their employment; and all find themselves in coercive and abusive situations from which escape is both difficult and dangerous.
The main motive of a woman (in some cases an underage girl) to accept an offer from a trafficker is better financial opportunities for herself or her family. In many cases traffickers initially offer ‘legitimate’ work or the promise of an opportunity to study. The main types of work offered are in the catering and hotel industry, in bars and clubs, modelling contracts, or au pair work. Offers of marriage are sometimes used by traffickers as well as threats, intimidation and kidnapping. In the majority of cases, the women end up in prostitution. Also some (migrating) prostitutes become victims of human trafficking. Some women know they will be working as prostitutes, but they have a too-rosy picture of the circumstances and the conditions of the work in the country of destination.[5]
Men are also at risk of being trafficked for unskilled work predominantly involving hard labour. Other forms of trafficking include bonded and sweatshop labour, forced marriage, and domestic servitude. Children are also trafficked for both labour exploitation and sexual exploitation. On a related issue, children are forced to be child soldiers.
Many women are forced into the sex trade after answering false advertisements, and others are simply kidnapped. Thousands of children from Asia, Africa, and South America are sold into the global sex trade every year. Often they are kidnapped or orphaned, and sometimes they are actually sold by their own families.[6]
Extent
US State Department data “estimated 600,000 to 820,000 men, women, and children (are) trafficked across international borders each year, approximately 80 percent are women and girls and up to 50 percent are minors. The data also illustrate that the majority of transnational victims are trafficked into commercial sexual exploitation.” [7]. Due to the illegal nature of trafficking and differences in methodology, the exact extent is unknown.
An estimated 14,000 people are trafficked into the United States each year, although again because trafficking is illegal, accurate statistics are difficult. [8] According to the Massachusetts based Trafficking Victims Outreach and Services Networkin Massachusetts alone, there were 55 documented cases of human trafficking in 2005 and the first half of 2006 in Massachusetts. [9] In 2004, the Royal Canadian Mounted Police (RCMP) estimated that 600-800 persons are trafficked into Canada annually and that additional 1,500-2,200 persons are trafficked through Canada into the United States. [10]
In the United Kingdom, 71 women were known to have been trafficked into prostitution in 1998 and the Home Office recognised that the scale is likely greater as the problem is hidden and research estimates that the actual figure could be up to 1,420 women trafficked into the UK during the same peroid. [11] Trafficking in people is increasing in Africa, South Asia and into North America.
Russia is a major source of women trafficked globally for the purpose of sexual exploitation. Russia is also a significant destination and transit country for persons trafficked for sexual and labor exploitation from regional and neighboring countries into Russia, and on to the Gulf states, Europe, Asia, and North America. The ILO estimates that 20 percent of the five million illegal immigrants in Russia are victims of forced labor, which is a form of trafficking. There were reports of trafficking of children and of child sex tourism in Russia. The Government of Russia has made some effort to combat trafficking but has also been criticised for not complying with the minimum standards for the elimination of trafficking.[12] [13]
The majority of child trafficking cases are in Asia, although it is a global problem. In Thailand, non-governmental organisations (NGO) have estimated that up to a third of prostitutes are children under 18, many trafficked from outside Thailand. [14] In Ukraine, a survey conducted by the NGO “La Strada-Ukraine” in 2001-2003, based on a sample of 106 women being trafficked out of Ukraine found that 3% were under 18, and the US State Department reported in 2004 that incidents of minors being trafficked was increasing.
Reporters have witnessed a rapid increase in prostitution in Cambodia, Bosnia, and Kosovo after UN and, in the case of the latter two, NATO peacekeeping forces moved in. Peacekeeping forces have been linked to trafficking and forced prostitution. Proponents of peacekeeping argue that the actions of a few should not incriminate the many participants in the mission, yet NATO and the UN have come under criticism for not taking the issue of forced prostitution linked to peacekeeping missions seriously enough. [15] [16] [17] [18]
Cause of trafficking
Some causes of trafficking include:
* Profitability
* Growing deprivation and marginalisation of the poor
* Insufficient penalties against traffickers
* According to the UN a major factor that has allowed the growth of sexual trafficking is "Governments and human rights organizations alike have simply judged the woman guilty of prostitution and minimized the trafficker's role." [19]
Trafficking in people has been facilitated by porous borders and advanced communication technologies, it has become increasingly transnational in scope and highly lucrative. Unlike drugs or arms, people can be "sold" many times. The opening up of Asian markets, porous borders, the end of the Soviet Union and the collapse of the former Yugoslavia have contributed to this globalization.
In the United Kingdom people trafficking by the Vietnamese have been discovered in the past few years. Vietnamese are trafficked from Vietnam to work in illegal Vietnamese cannabis factories throughout the country, as the recent police Operation Keymer showed. Another recent police Operation Pentameter discovered Illegal Vietnamese are also smuggled in to work in Vietnamese nail salons. Recently the UK authority planned to deport over 500 children back to Vietnam who had been smuggled into the country.
International law
In 2000 the United Nations adopted the Convention against Transnational Organized Crime, also called the Palermo Convention and two Palermo Protocols thereto:
* Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; and
* Protocol against the Smuggling of Migrants by Land, Sea and Air.
All of these instruments contain elements of the current international law on trafficking in human beings.
Council of Europe
The Council of Europe Convention on Action against Trafficking in Human Beings [20] [21] was adopted by the Council of Europe on 16 May 2005. The aim of the convention is to prevent and combat the trafficking in human beings. Of the 46 members of the Council of Europe, so far 30 have signed the convention and 1 has ratified it. In addition, 1 non-member state has signed the convention (29 June 2006). [22]
United States Federal law
The United States federal government has taken a firm stance against human trafficking both within its borders and beyond. Domestically, human trafficking is prosecuted through the Civil Rights Division, Criminal Section of the United States Department of Justice. Older statutes used to protect 13th Amendment rights within United States borders are Title 18 U.S.C., Sections 1581 and 1584. Section 1584 makes it a crime to force a person to work against his will. This compulsion can be effected by use of force, threat of force, threat of legal coercion or by "a climate of fear", that is, an environment wherein individuals believe they may be harmed by leaving or refusing to work. Section 1581 similarly makes it illegal to force a person to work through "debt servitude".
New laws were passed under the Victims of Trafficking and Violence Protection Act of 2000. The new laws responded to a changing face of trafficking in the United States. It allowed for greater statutory maximum sentences for traffickers, provided resources for protection of and assistance for victims of trafficking and created avenues for interagency cooperation in the field of human trafficking. It also allows many trafficing victims to remain in the United States and apply for permanent residency. (http://www.usdoj.gov/opa/pr/2002/January/02_crt_038.htm). This law also attempted to encourage efforts to prevent human trafficking internationally, by creating annual country reports on trafficking, as well as by tying financial non-humanitarian assistance to foreign countries to real efforts in addressing human trafficking.
International NPOs, such as Human Rights Watch and Amnesty International, have called on the United States to improve its measures aimed at reducing trafficking. They recommend that the United States more fully implement the "United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children" and the "United Nations Convention against Transnational Organized Crime" and for immigration officers to improve their awareness of trafficking and support the victims of trafficking. [23][24]
United States State Law on Trafficking
Several states have also written laws to address human trafficking in their borders. Florida has written trafficking statutes criminalizing forced labor, sex trafficking, and document servitude. Florida also provides for mandatory law enforcement trainings and victim services.
On May 8, 2006, Connecticut passed an act addressing human trafficking that criminalized coerced work, and made trafficking a violation of the Connecticut RICO Act.
Trafficking in film and television
Lilya 4-ever, a film based loosely on the real life of Dangoule Rasalaite, portrays a young woman from the former Soviet Union who is deceived into being trafficked for exploitation in Sweden. Human trafficking has also been portrayed in the Canadian/UK TV drama Sex Traffic and the Canada/US drama Human Trafficking by Christian Duguay.
Based on true events, Svetlana's Journey by Michael Cory Davis depicts the trials of a 13-year-old who loses her family and is sold to human traffickers by her adoptive family. Drugged, raped, and forced to endure continuous abuse by her 'clients' and traffickers, she finally commits suicide.
The 2007 film Trade deals with human trafficking out of Mexico and a brother's attempt to rescue his kidnapped and trafficked young sister. It is based on Peter Landesman's article about sex slaves, which was featured as the cover story in the January 24, 2004 issue of New York Times Magazine.
Posted 09/28/07 by
rebecca carpenter
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