What is trafficking?
Human trafficking is the criminal and illegal trading of human beings for the purpose of exploiting their labour. It is defined by a movement (or migration) into a non-consensual situation of exploitation (or harm) that results in the loss of control by an individual over his or her situation. Trafficking can occur within a country or across national borders.
The UN Trafficking Protocol of the Transnational Convention on Organized Crime (known colloquially as the “Palermo Protocol”) defines trafficking as:
- "The recruitment, transportation, transfer, harbouring or receipt of persons" (the movement).
- "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" (the means).
- "For the purpose of exploitation" (the purpose).
The Protocol notes that "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."
Is it slavery?
Is it slavery?
Trafficking regarded as modern day slavery, in that victims are controlled by traffickers/owners with violence and intimidation for the purpose of exploitation for economic gains. The trafficking of humans involves serious issues of human rights, whereby the trafficked person is unable to assert their autonomy and independence. Forced and/or coerced sexual or economic exploitation should be considered slavery.
What are Human Rights?
The philosophical premise underpinning human rights refers to reasonable demands for personal security and basic well-being that all individuals can make on the rest of humanity by virtue of their being members of the human race. Universal human rights were set out by World War II allies in the UN Declaration of Human Rights in 1948, and the idea was to create a global community based on human rights to allow for a common standard of achievement for all peoples and nations. Human rights are promoted through a variety of resolutions, covenants and monitoring and reporting mechanisms, which expand on natural law, national and international legal instruments and political principles.
Where does trafficking occur?
Human trafficking is a major global issue of concern and in recent years the phenomenon has become increasingly transnational. Trafficking occurs extensively across the world and according to the US Trafficking in Persons report 2005, it sites that trafficking affects 116 countries world wide. This of course is not a definitive figure but it demonstrates the widespread nature of the problem. Countries may be an origin (source) of victims, a receiver (destination) of victims and/or a transit centre. Unlike smuggling, trafficking does not have to occur across national boarders, it can occur across regions within a national territory. It is generally accepted that the greatest amount of internal trafficking occurs in south and south-east Asia .
What is the purpose of trafficking?
The purpose of trafficking is exploitation, and this can take many forms such as (but not limited to) the following:
- Forced begging and soliciting;
- Forced and exploited labour (work in mines, on construction sites, in markets, in small shops, in factories);
- Forced prostitution;
- Forced or exploitative domestic service;
- Forced work on plantations; and
- Forced work in fisheries.
Trafficking affects men and women as well as boys and girls.
Trafficking in adults and trafficking in children (defined as human beings under the age of 18) differ in three major ways:
- Children are often more vulnerable to trafficking than adults;
- While adult trafficking (and trafficking of young people in the 15-17 age group) often starts with voluntary migration, younger children do not usually migrate on their own.
- While informed adults can give their consent to a situation considered "exploitative", this is impossible in the case of children. The recruitment and transportation of a child for the purpose of exploitation shall always be considered “trafficking in persons”.
Are only women and children trafficked?
The overwhelming majority of people trafficked are women and children: They form the most vulnerable group for trafficking and estimates show that between 700,000 and 4 million a year are trafficked each year worldwide for forced labour, domestic servitude, or sexual exploitation. In spite of this it is true that adult males are also victimized for forced labour and organ sales.
Are they only trafficked for sexual purposes?
Trafficked persons are abducted for a variety of purposes. Many are trafficked for economic exploitation and production purposes. Examples of this would be Nigerians, mostly women, who are trafficked for forced labour on plantations in other African countries, such as, amongst others, Cameroon and Equatorial Guinea Middle East .
How many people are trafficked?
There are diverse estimations for the number of persons trafficked per year. Estimates range from 700,000 persons to four million. A recent U.S. Government estimate indicates that approximately 800,000- 900,000 women, children and men are trafficked annually across international borders worldwide. This does not, however, include internal trafficking. Figures may seem to vary because they are estimated for different types of trafficking (for forced labour, sexual slavery) or possibly internal trafficking across regions rather than transnational trafficking of persons.
Why are the numbers so vague?
Although human trafficking is not a new activity, it has only been in recent years that governments, international organisations and NGOs have begun to tackle the issues surrounding it. As such research on the subject is limited and fairly new. However, figures are especially difficult to collect because the phenomenon forms part of a global shadow economy which is unregulated and exploited by criminal organisations and networks. The exact figures will never be known, however, increased awareness along with government and international vigilance will aid the collection of more realistic figures.
Why has trafficking increased in recent times?
The main causes frequently cited as being the trigger for trafficking are poverty, war, crisis, desperation and ignorance. However, it has been the deepening globalisation for world economy that has increased the movement of peoples, monies and goods transnationally that has facilitated a rapid increase in the trafficking of humans in recent times. Indeed the International Labour Organization (ILO) note human trafficking to be the "underside of globalization." The promotion of neoliberal economic policy arguably entrenches and increases the marginalisation of the very poor, particularly women, which in turn leads to increased poverty, despair and inequality and thus trafficking. In addition, the incidence of conflict in the developing world over the last half century provides a ideal environment for human trafficking from unstable zones.
Several factors make it extremely difficult to provide reliable figures:
- The clandestine nature of trafficking;
- Ongoing disagreement regarding the legal classification (based on national laws, many of which are not in line with the Palermo Protocol) and subsequently, identification of trafficked victims; and
- Lack of coordinated reporting
No UN agency, government, or NGO has so far managed to provide any accurate or universally acceptable estimate of the number of trafficked persons in a country, in the region, or the world.
Estimates of the number of victims trafficked worldwide on an annual basis range from 700,000 to two million (and in one occasion even four million), but with little clear basis in any case. Extrapolations of local surveys in the Mekong sub-region estimate a range of a few thousands a year to 200,000 – again supported by limited concrete data.
The difference between trafficking and migration is one of consent. A trafficked person loses their autonomy once part of the trafficking chain and although they might have accepted an offer of work in another country, their compliance to work in prostitution and labour in the destination country is then achieved through coercion or force. A migrant on the other hand, is one who consents to be moved across international boarders with the intention of working and living illegally in that country. The authorities and boarder control of destination and transit countries may find it difficult to distinguish between the two and trafficked persons are often arrested and imprisoned under the charge of illegal migration. Dissemination of information and training for boarder authorities will allow for better understanding of this difference.
Is the problem getting bigger?
Lack of reliable figures also make it difficult to answer this question. Many people believe that trafficking has grown significantly over the last few years, but this may reflect the increased attention given to trafficking, rather than a increase in the phenomenon itself. Others focus on improvements in global communication and transportation networks and come to the conclusion that these will naturally lead to greater levels of human trafficking.
There are, in fact, clear indications from the field that there has been a decrease in trafficking in some areas. This is the case for example for domestic trafficking of Thai children. In other areas the problem seems to be growing – as in the case of Lao , Cambodia and Myanmar nationals trafficked into workplaces in Thailand Mekong sub-region are based, at least in part, on anecdotes or analysis of particular situations and then extrapolation of that analysis to larger contexts in ways that may not be factually sound.
While virtually no country is totally sheltered from trafficking (either as a receiving or a sending party), trafficking seems to be thriving when four conditions are met. Trafficking occurs when, in a flawed system unable to prevent it from happening, there is demand for trafficked victims, opportunities for traffickers, and a vulnerable pool of potential victims.
A flawed system is a system in which adequate laws to prevent trafficking and protect victims are not in place or not enforced; where corrupt authorities (including law enforcement agencies) allow trafficking to happen and may even benefit from it. It is also a system where migration policies are not consistent with labour market realities, that is where the opening of borders and the improvement of infrastructure and transportation have not led to a concomitant relaxation of restrictions on movement and migration for labour – thus exacerbating labour market imbalances and increasing the extent of irregular migration.
A flawed system is a system in which adequate laws to prevent trafficking and protect victims are not in place or not enforced; where corrupt authorities (including law enforcement agencies) allow trafficking to happen and may even benefit from it. It is also a system where migration policies are not consistent with labour market realities, that is where the opening of borders and the improvement of infrastructure and transportation have not led to a concomitant relaxation of restrictions on movement and migration for labour – thus exacerbating labour market imbalances and increasing the extent of irregular migration.
Demand for trafficking can be defined by:
- Demand for low status, low paid workers;
- Demand for commercial sexual exploitation, particularly of children;
- Demand for labour in sectors in which nationals of the country are no willing to work for a variety of reasons, such as dangerous conditions of work
Demand is often found in work which can be characterized as "the three Ds": dirty, dangerous, or degrading.
Opportunities for traffickers exist when the act of trafficking is rewarded, when traffickers can act with impunity, or when it results in a low risk of consequences for traffickers. Increased border controls, and crackdowns on the smallest, poorest links in the migration chain, push people into more and more organised and dangerous forms of migration, thus adding to opportunities for traffickers. Lack of access to justice for victims and potential victims allows traffickers to operate with impunity.
Vulnerability factors play a role in pushing people into the hands of traffickers. Some of these factors are listed below:
- Poverty and economic disparities between countries and regions encourage migration in search of survival or better opportunities;
- Limited job prospects for adults force them to leave, and unemployment of primary caregivers forces children to earn money;
- Abusive family environments (sometimes influenced by alcohol and drug addiction) encourage children to leave home, thus putting them at risk of being trafficked;
- Lack of education and lack of access to information regarding the realities of migration do not allow people to make informed choices;
- Lack of birth registration, legal status, and citizenship, which affects many people in the region, particularly ethnic minorities, affects the rights to own land, access to education, health and legal services, and the ability to move legally and to obtain legal employment;
- Armed conflict or war situations push refugees on the roads in situations of extreme vulnerability;
- Consumerism and the hunger for consumer goods, fuelled by television, create a desire or need for more money;
Child trafficking violates a child's most fundamental rights as outlined in the Convention of the Rights of the Child. We should be concerned about trafficking for the same reason we are concerned about slavery. For all the complexities of trafficking, trafficked children are child slaves. Children who are exploited in this way are often:
- Forcibly removed from their home area;
- Raped, abused physically and emotionally;
- Treated cruelly;
- Exposed to severe health risks;
- Threatened and terrorised;
- Deprived of their right to education;
- Discriminated against;
- Exploited economically;
- Exposed to hazardous work and materials;
- Forced to work long hours with no rest or recreation;
- Receive low or no wages.
Why would a woman allow herself to be trafficked?
Women can be introduced into trafficking by various means. As there are very few options for women legally to move on their own from one country to another, women look to any means to escape violence, Violence Against Women in Migration discrimination, or find employment. Case studies have revealed that some victims are kidnapped or sold into the trade. For those who agree, in some form, to be 'trafficked,' the choice arises out of the desperation. Traffickers promise a world of opportunity to women who are affected by poverty, discrimination, and violence. If a victim's consent is not received or continued, violence, withdrawal of basic needs, confinement and threats often are used to impose consent.
Is trafficking a crime?
Yes. According to the United Nations Convention against Transnational Organized Crime, trafficking is a crime in international law. As a supplement to this convention, the Palermo Protocol calls for action against human trafficking. The US has ratified these treaties and has U.S.