Investigating the Issue of Human Trafficking - Essay Example

? Human Trafficking The purpose of this assignment is to provide an analysis of the problem of human trafficking. Starting with the definition and the different forms of human trafficking, the essay moves onto discussing the various issues that have led to the relatively recent increase in the incidence of human trafficking. Later, the paper considers the obstacles that hinder the war against human trafficking. The latter part of the essay deals with the solutions and recommendations that could help reduce, if not totally remove, the rate at which humans are trafficked. Introduction According to Caldwell (1997) and Blank (2007), more than 4 million people (around 70,000 to 4million women and children), are smuggled into foreign countries in order to generate illicit profits worth of 7 billion US dollars every year. Although human trafficking has been present for a very long time, it has increased a lot in the last quarter of the 20th century due to a number of reasons, the main being the increased number of refugees due to many civil wars, increased poverty due to global crises and natural disasters, and the increased emphasis on sexuality in the media. Human trafficking is not just an issue that can be taken lightly. It does not just lead to the exploitation of human beings through the development of the sex industry and forced labor, but also results in other illicit activities. Often, the money from the illicit profits is used for the growth and expansion of drugs or illegal weapons related businesses. This kind of a business again requires some form of exploitation of children and women, and sometimes even men. So a vicious circle is formed from which people cannot escape. Rather more and more fall into these precarious work conditions. The issue of human trafficking needs to be addressed properly by governments that want to break people out from the vicious cycle of human trafficking. But before it can be done, it is important to address the issues at hand. Not only is it important to consider the obstacles that have prevented government measures from working positively in the past, but it is also equally pertinent to analyze the reasons behind the increases in human trafficking. Without the proper reasons, appropriate and relevant policies cannot be implemented. The paper, therefore, looks at the reasons in a lot of detail. In order to understand them, however, it is important to fully comprehend the definition and forms of human trafficking. Definition Human Trafficking, according to Jordan (2002), is the movement of humans within or across borders by the use of inappropriate means, like fraud and force, so that they can be forced into labor, slavery, and servitude. So, human trafficking is an illicit trade whereby human beings are ‘sold’ for the purpose of commercial promotion or slavery. To be more precise, however, the definition provided by the UN Convention on Transnational Organized Crime and adopted by the UN General Assembly on 15 November 2000, according to Bakirci (2009), is as follows. ‘[. . .] recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or other forms of coercion, of abduction, of fraud, of dishonesty, of the misuse of power or of a situation of susceptibility or of the taking or getting of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation’ Hence trafficking, according to the UN Convention on Transnational Organized Crime, includes at the very least either some form of sexual exploitation or labor exploitation. It is very important to state here, as Bakirci (2009) relates that human trafficking does not necessarily require movement. Unlike human smuggling, human trafficking does not need the person to be moved from one way to the other. But, in effect, trafficking means the recruitment and harboring of individuals in the professions that have been discussed in the definition above. So, people can also be trafficked in their homelands, as Ellerman (2002) states. Another misconception about human trafficking is that the consent of the victims is important. According to the UN definition, the consent of the victim is something irrelevant because they are considered victims even if they have consented to labor or sex exploitation initially, as they are somehow forced into it. Now that the definition of human trafficking has been explained to a great extent, it is important to discuss the forms of human trafficking. Forms of human trafficking There are two forms of human trafficking that include labor trafficking and trafficking for the purpose of carrying out criminal activities like sex exploitation. Labor trafficking Labor trafficking mostly constitutes of bonded labor and forced labor excluding criminal activities. Bonded labor occurs when people have to work as a means of the repayment of a loan or service. This is often observed in very poor localities where people not able to work enough to pay the loan, borrow more and soon are forced to work even more. The cycle continues and so does the exploitation of the people. This is because often the amount that is borrowed is far lesser than the amount they are made to work. Forced labor, a more common form of labor trafficking exists, under the International Labor Organization (ILO), when “all work or service which is exacted from any individual under the threat of any consequence and for which the said person has not offered himself voluntarily.” This means that the victims are forced to work in an environment or conditions that they may not want to work it. Often this is done through threats of punishments. According to the International Labor Office (2005), around 3 billion US Dollars are generated from the men who work as victims of forced labor. Forced laborers end up working as cheap laborers in the tourism and entertainment industry. Since they are forced to work illegally they cannot ask for any kind of insurance or job security and other benefits. With their freedom already nonexistent and no insurance, they have very little chance of escaping the whole system. As a result, they become poorer and poorer with time. It should be added here that most of the ‘forced labor,’ according to Lee (2010), includes household servitude, the industry sector, and even begging to a great extent. Sex trafficking Sex trafficking arises when victims are forced to carry out sex trade. The trafficking of humans, especially girls and women, for the sake of sexual exploitation is something that has become a multi dollar business over the past few years, as Peach (2005) relates. The statistics of the victims included in this type of activity are somewhat difficult to obtain because of the illegality of the professions that are often enforced onto the victims. However, according to Jordan (2002), two thirds of the numbers of people, who are trafficked globally each year, are forced to work in the sex business. According to Peach (2005), the US states the number of victims to be 255,000 each year. But, as far as the IHRC (2003) is concerned, ‘It is estimated that every year several million women and girls are trafficked within and out of Asia and the states of the former Soviet Union alone’ The most commonly known country for sex trade is Thailand, whereby around half a million girls and women work in the ‘Relaxation and Rest’ Industry. Women from Thailand are also trafficked to other close countries like Japan. According to Caouette and Saito (1999), in 1993, about 80,000 to 100,000 women working in the Japanese sex industry were from Thai origin. Now, after almost twenty years, the estimates may be expected to be very high. Sex trafficking and trade may lead the victims (mostly girls and women) to live in very dire consequences. Raghu (1997) states that most of the sex trade is carried out in the form of prostitution, pornography, mail order brides, sex tourism and militarized sexual services. So, trafficking in women is a subset of the business in which women are kidnapped, tortured, enslaved and made to do things that are immoral and uncomfortable for them. Even though the victim might be doing the business voluntarily, the fact that poverty drives her into such desperation that she seeks such a profession is something that should be taken into consideration. Nevertheless, most of the women who are ‘utilized’ are kidnapped from their homes. As they are isolated from their families and homes, they become more vulnerable. Most of the sex businesses use the tactic of keeping the documents of the victims to themselves thereby preventing them from escape. According to the International Helsinki Federation for Human Rights IHF-HR (2000), sex slaves are often leaving under the threat of death and are left with no food or water for long periods of time in order to succumb and cooperate. Most of the sex slaves, according to Bertone (2000), face sexual abuse, not just by traffickers but also by clients. There is also a constant threat of dangerous illnesses that are spread sexually. For example, in Asian countries, there is little exposure about the use of condoms. In fact in China, young people are considered ‘clean’ and there is a common conception that they may also cure diseases likes HIV/AIDS. As a result, the women and men working in the sex trade are exposed to terminal diseases like HIV/ AIDS and Syphilis. There is little, according to Batsyukova (2007), which can be done to avoid this because the sex slaves are already denied basic human rights. The gravest consequence of being employed in the sex trade is that it is nearly impossible to lead a normal life after one has gone through the ordeal. Not only cant the sex slaves often talk about the experience, as Blank and Troshynski (2007) relate, they are frequently not accepted in the normal societies. The scars from their past, therefore, never heal. Since the forms of human trafficking have been discussed in a lot of detail, it is important to now focus on the reasons behind the ever increasing incidence rate of human trafficking. Reasons responsible for human trafficking According to Jordan (2002), there are a number of pull, push and some other factors responsible for human trafficking. Push factors The push factors may include the increase in the number of civil wars since the Cold War, the collapse of the Chinese socialist system, the increased incidence of natural disaster, unstable economies and violence in the family. The increase in the number of civil wars has increased the incidence of human trafficking because of the numerous refugees who lose everything in wars. Since there is nothing that can be done for the refugees (at least temporarily), they attempt to sustain their consumption by moving to different places or making promises of work to richer people for any kind of service. The same is true for Internally Displaced People (IDPs) and victims of natural disasters. Most of these people end up as bonded or forced labor, where they are not awarded any rights or rewards. Unstable economies have also played a very large role in the formation of human trafficking networks throughout the globe. The global crises at the end of the last century and in 2008 have led to millions of people being poor (staying on under 2 US Dollars per day). Since there is no stable form of employment available to these people when unstable business cycles exist, they are exposed more to the risk of human trafficking. Violence in the family also has a similar effect. In most Asian societies, women are not given proper and equal rights. Therefore, most of the women are victims of violence at the household level, as Connor (2001) relates. The burden of poverty in addition to violence leads the people, in particular the women, to leave their homes and go abroad to earn a living. However, when they do so, they are isolated from their families and become more vulnerable to human trafficking. Pull factors Pull factors include the urge to go to a country or region that is more industrialized and ‘modern.’ According to Jordan (2002), peace and prosperity in the newly industrialized and developed countries pulls the deprived people into internal and international migration. The growth of economies also leads to an increase in the demand for imported labor as the local citizens are not willing to work for low wages. There is a greater demand for the female gender because women are more vulnerable and less likely to escape the conditions of forced labor. Women are also pulled by marriage factors and the prospects of leading a better life in the future. However, all hopes of these women are strained because of the marriages arranged by ‘unscrupulous brokers’ who lead them into servile marriages. Other factors Apart from the push and pull factors that affect trafficking, there are also a set of other reasons that have helped in laying down the foundations of human trafficking. Firstly, there exist a number of facilitating factors. For example, in industrialized countries, economic growth also leads to better communications and cheaper transportation. This means, as McCreight (2006) states, that traffickers with legal status can go back to their countries and employ and transport cheap labor. Corruption also adds to the problem because the victims, even if they escape, are sent back to the traffickers through the police. Moreover, trafficking is affected by the strict immigration policies of developed countries. Most of the industrialized states let only the highly skilled workers to immigrate legally. The demand for cheap and unskilled labor in this case facilitates trafficking further. The following part of the essay will deal with the obstacles that have been faced in the war against human trafficking. Obstacles faced Most governments are not willing to acknowledge, let alone comprehend the issue of human trafficking. Even if they are provided with extensive evidence about the issue at hand, they do not take it seriously. Although research can be done to let the governments know of the implications and consequences of the problem, but the exact figures can never be found. The problem is further aggravated if the governments take trafficking as just a form of organized crime rather than giving it the weight-age of a human rights violation. It is also very difficult to make the authorities realize that women who are forced into labor and exploitation are victims even if they have agreed to carry out the business. Some governments conflate human trafficking with undocumented migration. According to them, trafficked persons should be treated in a harsh way in order to discourage them from going abroad illegally. The governments need to understand here that there is a difference between human smuggling and human trafficking. As a result, people may be re-trafficked even if they return the first time, all due to the negligence of the authorities. The problem of human trafficking exists, most importantly, due to the improper definition of the crime. Most governments and NGOs consider human trafficking to be just connected to prostitution although prostitution is not the only form of exploitation through trafficking. According to Goldsmith (1999), this conflation of trafficking with prostitution causes authorities to take stringent measures like the abolition of prostitution. This criminalization of prostitution leads to an increase, instead of a decrease, because now the third parties (other than government and police), who go against the law, become more active as they provide sex businesses for the trafficked people to work in. Other than that, the problem of poverty is something that always remains. Poverty and the ever increasing demand for illicit sex, due to increases in the portrayal of sexuality in the media, are some things that need to be removed before trafficking can be reduced. Unfortunately there is little that has been done by governments of poor countries in this regard. Recommendations and Conclusions Since trafficking has become a global issue, many countries have sought out to make and implement new laws that can be of use in this situation. But it is necessary to ensure some things before these laws can be implemented. Firstly, the law should be equal for any one. It is important to make laws that allow all persons, both men and women, to have equal access to justice. Governments should also try to change laws that are discriminatory. For example, laws that cause higher illiteracy rates among women or higher unemployment rates in the female gender should be addressed immediately so that women are not motivated to go abroad for better living conditions. Further, the trafficked persons should be given rights to sue the traffickers. The government should not in any way favor the traffickers by acting against the trafficked person on the basis of undocumented migration. According to the UN Convention (2000d), the security of every individual should be the responsibility of the governments. The governments should take this notion more seriously and should protect all trafficked people. Governments should also be more capable in providing basic necessities. This would help lead to a reduction of trafficking due to migration. Further, the reformation of immigration laws by countries can help meet the demand of labor without the use of illegal means The role of NGOs is very important here because, unlike the governments, they are more inclined towards the problem of the violation of human rights. However, according to Jordan (2002), most NGOs are unfamiliar with the protocol and need training, education, advocacy materials, and access to networks. NGOs should work along researchers and should make certain that they understand the problem at hand before they take any step. Also, they should not just restrict the definition of trafficking to prostitution only but should work broadly for all trafficked men, women, and children. To conclude, human trafficking is an issue that needs to be given serious consideration by governments and NGOs. Human trafficking (especially sex trade) does not just exploit vulnerable individuals but also lead a continuous violation of their basic human rights. This issue has to be addressed and stopped before it is too late. References Bakirci, K. (2009). Human Trafficking and Forced Labour: A criticism of the International Labour Organisation. Journal of Financial Crime, Vol. 16 No. 2 pp. 160-165. Batsyukova, S. (2007). Prostitution and Human Trafficking for Sexual Exploitation. Gender Issues (2007), 24:46–50. Bertone, A. M. (2000). Sexual Trafficking in Women: International Political Economy and the Politics of Sex. Gender Issues, Vol. 18, Number 1, 4-22. Blank, J. (2007). Sex trafficking: a ‘Family Business.’ In: Karraker MW (ed) Global families. Boston: Allyn & Bacon. Caldwell, G. (1997). "Trafficking of Women From the Former Soviet Union." The Forced Migration Monitor. New York: Open Society Institute (Sept.). Connor, J . (2001). ‘Domestic Slavery’, a Report prepared for the Council of Europe Committee on Equal Opportunities for Women and Men, Document9102, 17 May 2001, Ellerman, D. (2002). “Traf?cking of women and children in the United States”, available at: www.polarisproject.org/polarisproject/Brandeisl.htm. Goldsmith, B. (1999) ‘Swedish law fails tocurb prostitution’, Stockholm: Reuters Stockholm, 7 May. International Labour Office (2005) A Global Alliance Against Forced Labour, Geneva. International Helsinki Federation for Human Rights. (2000). "A Form of Slavery: Trafficking in Women in OSCE Member States" - Country Reports – Greece. Jordan, A. D. (2002). ‘Human rights or wrongs? The struggle for a rights-based response to trafficking in human beings’. Gender & Development, 10: 1, 28 — 37. Lee, M. (2010). Trafficking and Global Crime Control. London: Sage Publications McCreight M.V. (2006). Smuggling of Migrants, Trafficking in Human Beings and Irregular Migration on a Comparative Perspective. 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