'A Council of Europe Convention on the Trafficking of Women - Assignment Example

A Council of Europe Convention on Trafficking of Women Contents The following topics have been covered in this paper: Why is this group in need of protection? Why is the right to development of particular importance to this group? How are womens rights affected in the process of trafficking, case study/ What previous legislation had been put in place to deal with the trafficking problem? A conclusive chapter, based on previous findings Introduction: “The trafficking of persons, particularly women and children, for forced and exploitative labor, including sexual exploitation, is one of the most egregious violations of human rights which the United Nations now confronts” Kofi Annan, United Nations Secretary General The above mentioned statement which was made at an international conference on transnational crime shows the extent and scope of the inglorious trade and its gross disregard to women’s right. Although the exact statistics related to the trade cannot be ascertained accurately, given the illicit nature of the exploitation, it is generally and unanimously agreed by researchers, international institutions – including the International Organization for Migration (IOM, 2010), various agencies of the United Nations (UNESCAP, 2010), as well as human rights groups which are established to confront the issue and prevent its rise and spread, that human trafficking and especially trafficking of women and children is expanding at a rapid pace, and is considered to be an exceptionally lucrative business, and needless to add, a gross violation of human and women’s rights. Human trafficking is regarded as one of the most lucrative activities in the realm of organized crime, world-wide, and ranks among the top three crimes in the world, including trafficking in arms and drug trade. Furthermore, despite being recognized as one of the top three crimes across the globe, and having a wide nexus of traffickers dealing in smuggling of humans across borders, the perpetrators of such a ghastly crime often get away with lesser punishments as compared to those involved in drug dealing and arms trafficking (Ethridge, Handleman, 2009). Q1: Why is this group in need of protection? The issues of human trafficking and concerns related to it have been raised ever since the beginning of the twentieth century. The ignominious trade attracted world attention since the framing of the first international counter-trafficking treaty signed in 1904 (Weissbrodt, Vega, 2007, Pp. 41) and the movement to prevent such blatant disregard toward human life, gained momentum since 1990s. However, the innumerable efforts to curb this trade have been rendered futile, as is evident from the range of studies and available literature which point to the fact that the phenomenon is actually on the rise. The studies also reveal that the major cause behind such a trade is the growing disparity between the rich and the poor as well as the widening economic gap between nations (Chandra, Herrman, et al., 2009; Thachuk, 2007; Siegel, Nelen, 2008). Women, and children, invariably fall victims to most of the evils that exist in the society, which can be attributed to the fact that this social group is often rendered a secondary status in a society which has an essentially patriarchal framework (Anderson, 1996, Pp. 147). In most of the countries women do not enjoy basic human rights (Cook, 1994, Pp. 429);, including the right to vote (World Bank, 2004, Pp. 136), the right to education (Kramarae, Spender, 2000, Pp. 796), the right to employment (Ahoojapatel, 2007, Pp. 34), etc among others. Women in most of the countries are kept behind veils and do not have any voice regarding matters concerning them (Pollack, 2009, Pp. 33). Such total lack of education or an opportunity for equal participation in the society, leads to ignorance and lack of awareness regarding their own safety needs and rights, thus making them vulnerable to such a trade, where they are exploited and reduced to a state of helpless slaves. Also, since poverty is known to disproportionately affect women and children ,( International Labour Office, 2003; Methvin, 1997; Goldman, Hatch, 2000), this social group is forced to migrate in search of employment and security for themselves as well as their poor families. Although the factors affecting migrant workers are uniform for both men as well as women, the experience differs widely for both the genders. In case of women, migration for work, is often translated into sexual slavery, exploitation, debt, bondage and prostitution with little or no legal assistance, at the local, national or international level to protect their rights. Q2: Why is the right to development of particular importance to this group? The development and empowerment of women can play a significant role in curbing the illegal trafficking of women and young girls, to a great extent. Since the key reasons behind the trafficking trade include migration for employment, and poverty, the empowerment of women can help them find suitable jobs in their own countries and / or local regions, thus eliminating the need to migrate for work. Secondly, education can also help in women’s development, since it will lead to greater awareness and knowledge about their own rights, greater access to legal and financial aid and better security. Such efforts will lead to their empowerment thus reducing their vulnerabilities to a large extent and hence help curbing the illegal trafficking trade. Q3: How are womens rights affected in the process of trafficking, case study According to the UN Convention against Transnational Organized Crime, Supplemental Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children the term Human Trafficking is defined as: “The recruitment, transportation, 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” (Trafficking Protocol, Article 3a, page 32) While the term Women’s rights refers to the right of "set of policies that concern women as women" (Rosenthal, 2002, Pp. 173) This includes political, economic and social rights as well as opportunities for women, which guarantees their security and an equal, fair and just treatment in society. Thus in light of the above two definitions, the trafficking of women not only violates human rights, but also affects women’s rights in terms of right to lead a free life, right to choose her profession or seek a rightful employment, right to her health, right to seek legal and medical assistance among others. Trafficking of women leads to forced labour, sexual exploitation, slavery, servitude, removal of organs for illegal organ trade, etc (International Labour Office, 2005, Pp. 7; Hernández-Truyol, Powell, 2009). Various instances of the trafficking trade point to the fact that a majority of women and young girls who are victims of this trade, are lured into this business by the traffickers with false promises of employment and security of a better life, with a hidden agenda of dragging them into sex trade. Women and girls from poor families are often forced to submit to the demands of the traffickers in order to pay off their families’ debts (International Labour Office, 2005, Pp. 58; Newman, 2009, Pp. 299). Since trafficking often invariably leads to forced prostitution, it is now considered as a modern form of slavery. Trafficking and Human Rights: The trafficking of women and young girls and humans in general, which eventually leads to forced prostitution amounts to a gross violation of human rights. Although more than the trafficking trade, the circumstances under which the victims are made to stay, is what actually constitutes the violation of not only human but civil rights of the individuals as well. A majority of the women, and children who are victims of trafficking, are subjected to sexual exploitation and are kept in confinement, thus forfeiting their basic right to freedom (Thomas, Jones, 1993); the right not to be enslaved against their wishes amounting to involuntary servitude; the right to receive humane treatment; the right to be free from violence – physical or otherwise; and most of all the right to health. The extent of human rights violation caused by human trafficking can be observed from the manner in which the victims of such a trade are treated by the traffickers. The traffickers are known to restrict the movements of the victims, by locking them up, and confiscating their belongings – including important documents such as passports or identity cards, etc (Beeks, Amir, 2006, Pp. 68). Such a practice leaves the victims in a vulnerable position, especially when they are smuggled into foreign countries illegally. The victims are often imprisoned in brothels or houses, with doors locked, windows sealed, or guards posted outside their rooms to seal all routes of escape, thus causing them intense physical and emotional trauma in the process. Survivors or those who were lucky enough to escape have stated that the ‘guards’ or traffickers often monitor their movements as well as phone calls and they are barred from talking or conversing with other people. The traffickers also tend to enslave the vulnerable women by deliberately creating situations of dependence and use it as a pretext to use the victims in sex trade, as an alternative to pay off their debts amounting to threat, coercion and unlawful influence. A majority of the women captured in such a trade, have little or no control over their money, and hence no control over their independence. Moreover, they are also victims of debt bondage, whereby the women are not granted freedom until they pay off all their debts. Factors such as lack of money, access to people, freedom of movement etc further adds to the vulnerability of the victims, thereby making it increasingly difficult for the women to escape. In situations where women are forced to be dependent on their ‘bosses’ or the traffickers for basic necessities such as food, clothing and shelter, freedom remains elusive and impossible to achieve. Furthermore, testimonies from victims of trafficking reveal that, the women are often exposed to excessive violence, threats, intimidation, as punishment for disobedience. Physical assault and rape are common in such a trade, which scar the women for life, forcing them to submit to the demands of the traffickers and lead lives in constant fear and trauma. Q4: What previous legislation had been put in place to deal with the trafficking problem? 1996: A European Strategy The European Commission launched its very first campaign against trafficking of women for the purpose of sexual exploitation in 1996, which was developed especially to prevent and address the issue of trafficking of humans. The Commission has also sought active involvement of the European Police (Europol) in order to curb the growing trade. Furthermore, an incentive programme STOP was launched in the same year to help support the NGOs and other public officials in their quest to stop trafficking of humans into the EU and to prevent sexual exploitation of women and children. 1997: Member States Involved In 1997 the commission launched a joint action programme which sought the co-operation and active involvement of its member states in its fight against human trafficking, as well as seek protection of victims during legal proceedings. In order to further speed up the fight against trafficking the DAPHNE programme was launched aimed at community and preventive action to fight in support of violence against women and children, involved in human trafficking. 1999: The Amsterdam Treaty In May 1999, the EU explicitly covered police and judicial action in its bid to fight against human trafficking, as a part of the Amsterdam Treaty. 2000: UN involvement In 2000, the United Nations convention on transnational organized crime and particularly crime against women and children in the form of human trafficking was signed by more than 100 parties which included the European Commission as well as all the member states of the EU. 2002: Penalty for Human Trafficking In 2002, the European Commissions proposal for a framework decision was adopted by the council of ministers, to address and fight against the issue of human trafficking and stop sexual labour, slavery and exploitation of women and children which was sought to be implemented in all 15 member states, as well as the candidate countries. A penalty for trafficking was also put into place which included a minimum of eight years imprisonment for perpetrators of such a crime and which was applicable in all member states (Europa Press Release, 2002). Key Findings & Conclusion On the basis of the literature reviewed and the various cases of victims of human trafficking studied as a part of this paper, it is clear that the victimization of women and children is mainly on account of their vulnerabilities, poverty and lack of social rights. The accounts of victims reveal the horrors and trauma experienced by them, in captivation, the physical and emotional injuries, intimidation, humiliation and threats which all point towards a total lack of freedom – of health, wealth and leading a normal life. Human trafficking and most of all the trafficking of women and children, almost invariably lead to prostitution and forced slavery. The inhuman conditions in which the victims are forced to stay, amounts to a violation of their right to freedom, liberty, human dignity, rest and leisure, freedom of expression, movement and identity, and the child’s right to protection and parental care, which hampers their physical and emotional development. The issue of trafficking poses a serious concern to the authorities as well as the international institutions that serve to curb the social evil, not only because of its wide international nexus, but because of the illicit practice and the nature of the trade, that keeps the perpetrators at bay and beyond the grasp of law. The international law which requires witnesses to testify in court against the traffickers further adds to the dilemma, since the victims who are most often the witnesses, tend to shy away from getting involved in legal hassles on account of various reasons – but most of all, on account of fear and humiliation. The only effective way to combat and address this gross trade, is to strive for women’s empowerment, develop laws and policies for granting them equal rights, including the right to education and employment. It is only through strong positive measures on a global level, that the vulnerabilities of women could reduced and the trafficking in humans be hoped to curtail. References: (in Alphabetical Order) Anderson, P. J., (1996). The Global Politics of Power, Justice, and Death: An Introduction International Relations, Routledge Publication Ahoojapatel, K., (2007). Development has a Womans Face: Insights from within the U.N., APH Publishing Beeks, K., Amir, D., (2006). Trafficking and the Global Sex Industry, Lexington Books Publication Chandra, P. S., Herrman, H., Kastrup, M., Rondon, M., Niaz, U., Fisher, J. E., & Okasha, A., (2009). Contemporary Topics in Womens Mental Health: Global Perspectives in a Changing Society, John Wiley and Sons Publication, Pp. 444 Cook, R. J., (1994). 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