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Trafficking in Human Beings: Modern Slavery

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Abstract

In recent decades the international community has focused its attention on trafficking in persons, one of the most worrying phenomena of the 21st century. Chapter 1 examines trafficking in persons in the light of the recent definition of the phenomenon given by the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It analyses trafficking causes and consequences, and the most common forms of exploitation related to it. Chapter 2 reviews the most important international conventions against slavery and the slave trade, the UN Trafficking Protocol and various other international treaties adopted in the framework of international human rights, criminal, and labour law with the aim of identifying those measures guaranteeing the widest protection to trafficked victims. Chapter 3 reviews States' obligations under international human rights, criminal, and labour law to emphasize that the scarce protection of trafficked victims granted by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children has to be supplemented by the international conventions as well. Chapters 4 and 5 deal with the Council of Europe and the European Union, and their fight against trafficking in people, arguing that the focus has been placed mistakenly on the prosecution of traffickers rather than on the protection of trafficked victims. The book concludes with a recommendation to shift towards a more balanced approach to trafficking in persons and the overriding need to conduct further research on specific issues related to the spread of trafficking and the exploitation of its victims.

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... Moreover, the right to free work, adequate livelihoods, leisure and recreation as well as free marriage and other fundamental rights are not respected when it comes to trafficking (Apap et Medved, 2002;Planitzer, 2014). As a consequence of these severe human rights violations, trafficking is often equated with practices of slavery (Bales, 1999;Scarpa, 2008, Enrile, 2018. ...
... As forced labour is defined as work which is not done voluntarily, coercion, fraud, deception, indebtedness and threats of penalties are used to keep individuals subjugated (ILO, 2014). In case of commercial exploitation, traffickers and intermediary men/women and adopted by States to criminalize trafficking and to protect trafficked persons (Scarpa, 2008;Planitzer, 2014). Governments have indeed put in place policies, programmes and action plans to end trafficking (Erile, 2018), while NGOs have spread to protect and support concerned individuals (Reiter, 2007). ...
... The predominant sectors of exploitation are thereby "(…) construction, seasonal agriculture work, the garment and hospitality sectors, domestic service and the ubiquitous commercial sex trade" (UN. GIFT, 2008, p.75). 5 Child trafficking means trafficking in persons below the age of 18 (Scarpa, 2008). However, in spite of these general insights and specifications, several aspects about trafficking remain imprecise. ...
Thesis
This thesis aims at highlighting good practices of social protection against trafficking in Europe, by taking into consideration the complexity of trafficking, its controversial nexuses with prostitution, migration and slavery, as well as the critical political framing of the phenomenon. Well-functioning social protection for guaranteeing trafficked persons' human rights will be presented in the peculiar socio-legal context of Italy and Germany on the basis of the social action of Oltre la Strada and Ban Ying. The unique and integral cooperation system of the former and the strongly critical and empowering approach of the latter can in this regard function as sources of inspiration for enhanced protection against trafficking in Europe.
... -Smuggling of migrants shall mean the procurement, in order to obtain, directly or indirectly, a financial or another material benefit, of the illegal entry of a person into a State party of which the person is not a national or a permanent resident‖ (Scarpa, 2008, p. 68 (Scarpa, 2008). ...
... There are reports that victims knew the activity they were going to perform, even if they could not imagine the slavery like situation they would be subjected to. However, it is worth noting that, according to the definition of United Nations Trafficking Protocol, the consent of the adult victim is irrelevant if the trafficker used at least one of the improper means listed within it and it is always irrelevant in the case of children (Scarpa, 2008). ...
... To date, little attention has been paid to the possibility that, in contexts of armed conflict, such types of trafficking for criminal exploitation can escalate to the commission of higher-impact crimes, even against people, by those who have been forcibly recruited, including children who are forced to participate directly or indirectly in hostile activities. Certainly, the possible confluence between human trafficking in general and other phenomena, such as child recruitment in armed conflicts, has been highlighted in the literature on trafficking [9,10]. Armed conflicts are situations that facilitate the enslavement of civilians, including both adults and, especially, minors, and their use in a wide variety of activities, from direct deployment in the armed struggle to supporting tasks for the combatants. ...
... The diversity of the roles played by girls and boys involved in armed conflicts, which, in the case of most women, have a strong sexual content, is an aspect that has often been highlighted in the scientific literature on this issue [9,10,[21][22][23]62]. In this regard, the Colombian conflict, in which women's role in the armed conflict almost invariably has sexual connotations, is no exception [13,14,16,41]. ...
Article
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This paper shows how human trafficking for criminal exploitation can occur in environments of armed conflict in which adults and even children are recruited to fight. It proposes that these people’s status as victims should be taken into account when determining the degree of their criminal responsibility within the framework of a transitional justice process such as the one applied in Colombia under the 2005 Justice and Peace Act (Ley de Justicia y Paz). In order to prove that some victims of human trafficking exploited in the Colombian armed conflict have not been duly identified as such, it presents the main results of a qualitative study carried out with 20 women inmates in Colombian prisons who were members of guerrilla groups and were demobilised under the terms of the Justice and Peace Act. The study shows how the life stories narrated by 16 of these women make it possible to identify them as victims of trafficking for criminal exploitation even though they have not been classified as such. In 80% of the analysed cases, the women suffered episodes of victimisation that led them to join and remain in the armed group, often against their will. These episodes involved the use of means to recruit them and to force them to stay active in the group that show they underwent a genuine process of human trafficking.
... Instead, as has been seen at length, in order to be "trafficked" a person has to have been recruited, transported, transferred, harboured, or received by another, through the threat of coercion or fraud, for those purposes. There is in fact a real danger which might be created by conflation of these terms, as Allain (2010, p. 553) argues, which would be that the distinct nature of trafficking as a standalone offence might be defeated if courts sought to impose some other obligations too upon the defendant, such as that they actually exploited the other (rather than merely having the (Scarpa, 2008). This was the dilemma for the ECHR in the Rantsev case; slavery and servitude are expressly mentioned as being prohibited Article 4, and there is a positive right not to be kept a slave or in servitude, which the state is under an obligation to protect. ...
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This article examines the regulatory framework related to human trafficking in Hong Kong and identifies its deficiencies as the lack of an accepted internationally compliant definition of trafficking and the absence of any specific criminal offence of trafficking as a result. The article compares the approach taken in Hong Kong to efforts undertaken in Europe by the Council of Europe, the UK, and the European Union and identifies several lessons from the European experience that could help rectify failures observed in Hong Kong. In particular, effective combatting of human trafficking requires not only a definition of the offence that recognises the essential elements—an “act,” a “means,” and a “purpose” of exploitation—but also the establishment of sufficient state institutions and agencies dedicated to identifying and protecting trafficking victims. Without the detection of trafficking victims, criminals engaged in the act of trafficking perceive their chances of being caught and prosecuted as low and operate with impunity. This necessitates the adoption of a consistent and readily identifiable criminal offence of “trafficking” aligned with the approach taken by the Palermo Protocol, just as the EU and UK have done.
... These contextual elements must be proven in sequence: first, that an attack consisting of multiple commissions of acts 4 The 2022 Global Report on Trafficking in Persons shows an increase in the number of detected trafficking victims in the Global North, as opposed to countries in the Global South, which are more often associated with armed conflict (UNODC, 2022b). 5 This is just one part of an ongoing discussion about the pros and cons of conflating slavery with enslavement and human trafficking in international law and policy (see also Allain, 2013;Atak & Simeon, 2015;Chuang, 2014;Gallagher, 2010;Palacios-Arapiles, 2022;Pocar, 2007;Scarpa, 2008;Tavakoli, 2009). incriminated as crimes against humanity was perpetrated against a civilian population "in furtherance of a State or organizational policy" (Art. ...
Article
The ongoing war in Ukraine has again highlighted the link between conflict and trafficking in persons, especially refugees. Despite the understanding that trafficking in human beings in the context of armed conflict (and sometimes even outside of it) can amount to an international crime, both research and anti-trafficking policies tend to view trafficking as a (trans)national phenomenon. As a result, the potential of the International Criminal Court (ICC), a permanent international criminal tribunal tasked with adjudicating perpetrators of international crimes, to contribute to the fight against human trafficking remains largely neglected in current discourses. To fill this gap and, at the same time, facilitate efforts to build an effective and sustainable capacity to combat human trafficking at the (trans)national and international levels (UN Sustainable Development Goal 16), this article has two objectives. First, it examines the ICC’s procedural capacity to combat human trafficking, focusing on its support for domestic investigations and prosecutions and the requirements for effectively transferring prosecutions to the international level. Second, it analyzes the substantive requirements for qualifying human trafficking as an international crime for purposes of effective prosecution at the ICC in light of recent jurisprudence, especially the Ongwen case.
... Others are; 4. Cross border trafficking to countries such as Cote d'ivore, Equatorial Guinea, Mali, Cameroon, Gabon, Benin Republic, Libya, Algeria, and Morroco (UNESCO, 2006). Scarpa (2008), refers to the report on "Trafficking in Women and Girls" where it states that the growth in trafficking reflects not just an increase in 'push' factors from countries of origin but also strong 'pull' factor of unmet labour demands, particularly in the informal sector. There is a need to address those demands factors in countries of destination which makes trafficking so profitable in the first place. ...
... Human trafficking, which is as old as the emergence of rights and freedoms, deprives people of their rights and freedoms, and is an act contrary to human rights and law, is defined as the modern form of slavery or modern slavery according to many scientists today (Aydın, 2013, Akgün, 2016, Machura et al., 2019, Ballet & Bhukuth, 2016, Scarpa, 2008, Cameron, 2020. However, we should note that there is no internationally accepted definition of human trafficking. ...
Article
Human trafficking, which a type of modern slavery, has been discussed in many studies under international law or transnational crimes. However, it has not been discussed in Türkiye so far from the victims’ perspective. This study investigates the effectiveness of public services such as voluntary repatriation and support programs for victims intended for human trafficking victims in Türkiye. Finally, the effectiveness of these practices is evaluated through qualitative research conducted with 14 Immigration Experts working in the Presidency of Migration Management by applying the participatory method. The study results have shown that the laws and regulations written on the desk have difficulty going beyond theory, and there are a set of troubles in practice.
... There are two different views regarding the relationship between modern slavery and human trafficking. The first view considers human trafficking a form of modern slavery (Acharya & Suarez, 2016;Turner, 2015;Scarpa, 2008;Bales & Lize, 2005). The second view considers modern slavery the same as human trafficking (Sabella, 2011;. ...
Article
It is estimated that 40.3 million individuals are victims of modern slavery, including those exploited in projects. In project studies, there are growing research streams on topics, such as ethics, sustainability and fairness, yet modern slavery is vastly ignored. This article presents a systematic literature review on modern slavery. After summarizing the main forms and consequences of modern slavery, it focuses on construction projects explaining the structural conditions making construction projects prone to modern slavery, the kafala system, and what can be done to address modern slavery. Lastly, the article introduces propositions, a research agenda, and implications for practice.
... Trafficking in human beings (THB) is the process whereby a person is recruited, transferred, received and exploited in any type of legal or illegal economic activity by means of the threat or use of force, deception, abduction, sale, rental, exchange or abuse of a position of need of the person or of the trafficker's power. It is a phenomenon intrinsically linked to migration: the existence of individuals willing to be transferred from one place to another to be exploited upon arrival at their destination can be explained by the confluence of push factors driving them to leave their countries of origin, along with pull factors that draw them to the destination countries where they are ultimately exploited (Kara, 2009;Scarpa, 2008;UNODC, 2008;Zhang, 2007). There is a supply of people at risk of severe exploitation because the process of economic globalisation based on a capitalist model has condemned many developing countries and their citizens to destitution. ...
Article
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Trafficking in human beings is closely related to the cross-border movements of people and smuggling of migrants. However, the victim-centred regulatory approach to this reality internationally adopted places the protection of victims’ human rights at the centre and demands an institutional response focused on their detection and protection. In order to determine whether this type of approach is being adopted in Spain, an online survey was conducted of 150 bodies, units and organisations that may have come into contact with such victims. The research results make it possible to determine how cases of trafficking are brought to light and which bodies are most effective at detecting them. They also offer information about the type of assistance offered to victims and the protection measures provided for under immigration law that are used depending on the type of trafficking suffered. These findings confirm that the institutional response to trafficking in human beings in Spain remains too focused on the trafficking of foreign women for sexual exploitation. Alternatives are proposed to overcome this highly biased response to the phenomenon.
... Human trafficking is a modern version of the slave trade (Scarpa, 2008). Victims are sold as commodities for various kinds of exploitation. ...
Article
This article examines whether a shortage of marriageable women induces trafficking of women for forced marriage in China as commonly expected. I assemble a data set of 1,215 transactions of women for forced marriage from 2010–2018 using court documents. My analysis suggests that the trafficking of women is not a direct consequence of the local shortage of marriageable women. The fundamental causes are entrenched patriarchal values as indicated by a high local sex ratio at birth, sex-specific internal migration, and the marriage squeeze endured by socially marginalized men in the context of a shortage of women in the population.
... Todavía hoy denuncian la ausencia de mecanismos estandarizados de recogida de datos sobre TSH múltiples voces en la literatura especializada (Farrell y de Vries 2020; Van Dijk y Campistol 2018) y, sobre todo, distintos entes que periódicamente emiten informes sobre esta realidad (Group of Experts on Action Against Trafficking in Human Beings -GRETA-2019, 2020; United Nations Office on Drugs and Crime - UNODC-2018;European Commission-Migration and Home Affairs 2018;Eurostat 2013Eurostat , 2014Eurostat , 2015. La insuficiencia de los datos se explica en parte por las dificultades a las que todo investigador se enfrenta cuando aborda esta realidad, entre ellas los mismos obstáculos para delimitar el concepto de TSH de otros con los que se la ha relacionado, como la prostitución, el tráfico de migrantes o la esclavitud misma (Farrell y de Vries 2020;Villanueva y Fernández-Llebrez 2019;Bales 2017;Scarpa 2008;Tyldum, Tveit y Brunovskis 2005). No se nos oculta que precisamente las dificultades de deslinde de este concepto con el de la esclavitud y otras formas contemporáneas de explotación que normativamente pueden considerarse equiparadas a la misma constituyen hoy en día uno de los mayores retos para analizar empíricamente la explotación propiamente dicha. ...
Article
Full-text available
La trata de seres humanos constituye un fenómeno criminal sobre el que se tiene todavía poca información estadística en España. Con la finalidad de superar su conocimiento parcial fundamentado en datos policiales sobre víctimas formalmente identificadas, se emprendió esta investigación en la que, remitiendo un cuestionario electrónico a 757 entidades, unidades u organismos que podían eventualmente haber entrado en contacto con víctimas de trata, se cuantificó a 7.448 víctimas detectadas en 2017 y 2018 y se recabó información sobre ellas. Los resultados del estudio permiten concluir que el número de víctimas identificadas en España puede constituir solo la punta del iceberg. Junto a ello, ofrecen información sobre perfiles victímales, dinámicas comisivas y actividades en las que se explota a las personas traficadas en cuatro tipos distintos de trata de seres humanos que puede contribuir al diseño de programas de prevención e intervención adecuados a cada tipo de trata.
... El objetivo del presente artículo es analizar la situación jurídica del delito de trata de seres humanos en la Administración de Justicia de la Comunidad Autónoma del País Vasco desde el año 2010, momento en el que este delito se incorpora de manera autónoma al Código Penal 1 . La trata de seres humanos, a la que se ha calificado como la moderna esclavitud (Scarpa, 2008), constituye una de las modalidades delictivas más lucrativas en la actualidad (Villacampa Estiarte, 2016). Los criminales se sirven de diversas técnicas para reclutar personas que posteriormente serán explotadas de diferentes maneras: laboralmente, sexualmente, en la mendicidad, etc., lo que les reportará cuantiosos beneficios. ...
... Papers on modern slavery have appeared in leading social-scientific journals in fields such as sociology and political economy (LeBaron and Ayers 2013; LeBaron 2014a, b Strauss and McGrath 2017). Academics have also published important books on the topic of modern slavery (Bales 2000;Kara 2017;Davidson 2015;Scarpa 2011). ...
Article
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The modern slavery literature engages with history in an extremely limited fashion. Our paper demonstrates to the utility of historical research to modern slavery researchers by explaining the rise and fall of the ethics-driven market category of “free-grown sugar” in nineteenth-century Britain. In the first decades of the century, the market category of “free-grown sugar” enabled consumers who were opposed to slavery to pay a premium for a more ethical product. After circa 1840, this market category disappeared, even though considerable quantities of slave-grown sugar continued to arrive into the UK. We explain the disappearance of the market category. Our paper contributes to the on-going debates about slavery in management by historicizing and thus problematizing the concept of “slavery”. The paper challenges those modern slavery scholars who argue that lack of consumer knowledge about product provenance is the main barrier to the elimination of slavery from today’s international supply chains. The historical research presented in this paper suggests that consumer indifference, rather than simply ignorance, may be the more fundamental problem. The paper challenges the optimistic historical metanarrative that pervades much of the research on ethical consumption. It highlights the fragility of ethics-driven market categories, offering lessons for researchers and practitioners seeking to tackle modern slavery.
... At the level of international law, the TIPP: a) provided important perspective on the crime of THB leading to better and deeper understanding of the different aspects of the conduct, including its criminal aspect, b) differentiated it from illegal activities of similar nature such as people smuggling (Naim & Myers, 2005), c) enables THB to be internationally accepted as crime; and d) represents a turning point in anti-THB efforts at national levels (Gallagher & Holmes, 2008;Truong, 2008). The TIPP did this by providing, in addition to a generally accepted definition, an important platform for states to adopt necessary measures to criminalise all acts constituting THB, by enacting specific national anti-THB laws (Scarpa, 2008;Allain, 2008;IOM, 2018). Following the adoption of the TIPP, several states, including Nigeria adopted several anti-THB measures, including the enactment of specific anti-THB laws. ...
... Pope Francis was really impressed by DNA-PROKIDS program and its achievements, and it was declared that scientific advance in DNA analysis and databases should be used now and in the future. At the end of this meeting, it was concluded that governments should have an obligation to include DNA data in those cases of unidentified children or in those children living in highly risky situations, as forced migrations, wars, natural disasters, etc. [6]. ...
Chapter
It has been estimated that every year an average 1.2 million children are victims of trafficking. This data is not only overwhelming but a disgrace. That is why, the efforts to fight against this crime have to be constant, not only when natural disasters affect countries where human trafficking is chronic problem. Countering trafficking should be an ongoing legal, but more so humanitarian, effort. The use and helpfulness of DNA typing for identity establishment is well known. Till today, DNA-PROKIDS, which operates with different levels of activity in 16 different countries, has generated relevant and promising data. Since April 2010, more than 11.200 samples have been processed, leading to more than 900 positive identifications. Two hundred fifty-seven illegal adoptions were detected with these investigations. In the nonexistence of this initiative, the children would have been in a precarious situation either would have been sold into illegal adoption, under exploitation, or would have died without proper identification. Families of the respective child would still be in distress for the loss of their kids.
Chapter
This chapter considers the intersections between the concepts of modern slavery and human rights. It first considers their conceptual complexity and how this affects their practical implementation. Second, it examines how the two concepts developed throughout history, emphasizing that a system aimed at eliminating the slave trade and, subsequently, slavery, has existed since the eighteenth century. Thus, the abolitionist ideal existed well before the affirmation of the modern concept of human rights, which, notwithstanding its multiple historical roots, certainly developed after the end of World War II. Finally, the chapter considers the present-day efforts of various global governance actors at multiple levels—universal, regional, and subregional—and the ways in which the modern slavery paradigm is advanced within, but on some occasions also outside, the international human rights regime.
Article
Criminal justice policy, as public policy, is not the result of a single decision but evolves over time through the policy making process. To demonstrate this premise, the author uses the disjointed incremental framework to analyze the broadening of the definition of a victim of trafficking in persons in U.S. law to encompass not only the foreign-born but also domestic minor sex trafficking victims. The framework characterizes the policy making process, in practice, as limited to a few familiar policy alternatives and preoccupied with ills to be remedied rather than positive goals sought. Trafficking in persons emerged as an international and U.S. policy issue during the 1990s. Analyzing the definitional expansion reveals the evolution of policy over the law’s 20-year history. As criminologists and criminal justice organizations seek to impact national and international criminal justice policy, research enhancing our understanding of the practice of policy making in diverse arenas is critical.
Chapter
Human trafficking and kidnapping have aged connection in Nigeria and many other parts of the world. In some cases, they have become indistinguishable, as both feature forceful seizing and holding of a person against his will. In contemporary Nigeria, human trafficking has emerged as kidnapping by other means, as many are forced or deceived into slavery. The primary reason that makes trafficking and trade in human lucrative in and beyond the country ranges from social to political and economic incentives. The illicit practices have flourished with the trend of poverty, illiteracy, demand for cheap labour, demand for commercial sex, shortage of attention for the rights of the vulnerable groups of people, social factors and cultural practices, conflict and natural disaster, profit generated from this and associated businesses, shortage of safe migration options and availability of victims. This chapter therefore interrogates the nexus between human trafficking and kidnapping in Nigeria, with attention for the causes, manifestation and consequences.
Chapter
This chapter critically examines the legal categorization of forced marriage within the context of modern slavery, focusing on the need for legislative reform in England and Wales. It explores the intricate parallels between forced marriage and modern slavery, emphasizing shared elements of coercion, exploitation, and infringement of autonomy and consent. The discussion includes a philosophical analysis of forced marriage, considering feminist theories and the impact of patriarchal norms. By comparing the current legal frameworks of England and Wales with international standards set by the United Nations and the International Labour Organization, the chapter highlights discrepancies and advocates for harmonization. It underscores the importance of recognizing forced marriage as a form of modern slavery to ensure comprehensive legal responses, protection, and support for victims, culminating in a call for legal reform in England and Wales to align with global human rights efforts.
Chapter
In this work, it is intended to differentiate between smuggling, which protected migration policies, the employment and social rights of workers and trafficking, which protected human dignity. Indicative of the severity of these crimes is the fact that the Title ‘Trafficking in Human Beings’ comes after those that deal with crimes of torture and against the right of self-determination. Spain’s criminal law at last distinguishes between people trafficking and the unlawful smuggling of migrants, in accordance with the various international instruments signed by Spain. One particularly important practical consequence of this legislative change is that in the application of the crime of trafficking in human beings, a sentence is passed for each individual trafficked, which is not the case in the application of the crime of immigration. For fights against Trafficking it is necessary to work on several levels: firstly, by taking action at the source by helping to create an improved social and economic situation in countries of origin; and secondly, by establishing measures to protect and help victims.
Chapter
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Human trafficking is a legal issue which can be found taught in standalone undergraduate modules and whose relevance reflects the volatility of today’s global world. Human trafficking is a criminal offence in most jurisdictions and consequently subject to judicial processes. However, it is also an example of a topic which is challenging to teach using legal frameworks alone. Drawing on a longstanding case study, this chapter argues that for students to make sense of the inherent complexity, law must take a backseat to the understanding of migration, criminology, policymaking, economics, employment and other key forces. That is the overconfidence that creating an Offence can solve an identified problem. The paper argues that there is a need to develop Learning and Teaching methods which cultivate adaptable and transferable skills which enable students to see the relationships between all of these elements, especially in light of recent trends (i.e. Covid-19 and the Fourth Industrial Revolution) that have markedly reshaped the socio-political landscape.
Article
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Modern slavery involves the recruitment, movement, harbouring or receiving of people through any means for the purpose of exploitation. It is an extensive problem and one that causes immense human suffering. International Labour Organization figures suggest that there are 24 million victims of modern slavery or forced labour around the world at any one time, with a substantial proportion of these working on project-related activities. Modern slavery causes reputational risk to organisations from the perspective of customers and investors. In the UK, it is now subject to specific legislation. The damage and costs of legal action and compensation to victims of modern slavery can be crippling. Projects are particularly susceptible to modern slavery as they have complex flows of materials and labour that need to be constantly reinvented for each unique project context. The Association of Project Management sponsored a research investigation involving the University of Warwick, the University of Leeds and University College London to understand how project practices need to change to eliminate modern slavery. In order to answer this question, the research team undertook a Delphi exercise with experts representing project practitioners (eg. from organisations such as HS2 and Sir Robert McAlpine), NGOs (eg. The Bingham Centre and The Institute for Human Rights and Business) and professional membership organisations (eg. The International Association for Cost and Contract Management and the Royal Institute of British Architects), as well as academic researchers and individual experts. The investigation finds that the key to eliminating modern slavery is to give individuals working on projects the competence and confidence to spot modern slavery and to know what to do when this occurs. This requires support at an organisational, sectoral and legislative level. This report details this support.
Article
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This paper analyses the negotiations for the ‘Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others’ adopted by the General Assembly (GA) of the United Nations (UN) in 1949. This convention significantly shifted the international approach towards ‘traffic in persons’ by adopting a so-called ‘regulation-abolitionist’ approach and mandating the abolition of the then dominant national approach to prostitution: ‘state-regulated prostitution’. International anti-trafficking law, for the first time, explicitly addressed national prostitution laws and, therefore, prostitution itself. Regulation-abolitionism called for the abolition of ‘state-regulated prostitution’ as a way of both freeing prostitutes from the discriminatory treatment of the police and other state actors, but also as a strategy to combat human trafficking. Through careful analysis of the documentary record concerning some of the core articles of the Convention, the paper identifies multiple contradictions and ‘tensions of abolitionism’ during the negotiations for the Convention, as well as competing ideas about the social and legal status of prostitution and people selling sex after the abolition of state-regulated prostitution. Most importantly, the moral condemnation of prostitution persisted across the political spectrum and the nascent ideological fault lines of the Cold War. In terms of actors, the paper focuses on the contribution of civil society actors, UN administrative personnel and two states (France and the United Kingdom). This paper proposes the concept of tensions of abolitionism to capture the ways in which the regulation-abolitionist approach was caught between competing goals: the law-enforcement-centred repression (of exploitation), the deregulation of prostitution via the abolition of state regulation and the guarantee of the human rights of prostitutes vis-à-vis the state. The paper stresses the legacy of the 1949 Convention in re-structuring the practice of commercial sex to the detriment of sex workers and its failure in eliminating human trafficking.
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In recent decades, there has been notably increased engagement of the international community in combating human trafficking, which has also been contributed by the media. The role of the media is reflected in building certain public attitudes and influencing political decision-making. Based on the selected literature, the paper considers the media framing of human trafficking from the 1990s to the present. The media decides on how to approach trafficking, content and causes, information sources, generating and presenting alternative solutions process, as well as motivational procedures for initiating actions of the public and politicians, thus creating diagnostic, prognostic and motivational frames. Based on the research, it is concluded that media frames of human trafficking are not holistic but segmental, and instead of a comprehensive approach, stereotypes are presented in which trafficking is identified with sexual exploitation or considered as the consequence of migration or organized crime actions. This harms the victims, makes the identification of all perpetrators difficult, and narrows the focus of the suppression efforts. It is noted that in the relations between the media, the public and the authorities, in the process of creating a policy and implementing solutions for combating, there are significant influences of policy-makers on media framing, and thus on public attitudes, which provides support and legitimacy of current or future political decisions. In order to illustrate the diversity of media representation of human trafficking, as a COM-plex phenomenon and the possibility of different analyses of media framing, the main findings of several studies in the USA, EU, and Serbia are presented.
Chapter
This chapter analyzes the challenges related to the fight against human trafficking at sea.In particular, the ongoing situation of the Mediterranean area and the migration flow from Africa is examined. A massive migration flow has been ongoing in the Mediterranean over the last decade. The sea route is usually just the last leg of a longer journey, which departs from Africa. The journeys are usually organized by criminal networks, which help the migrants to illegally cross international borders (migrant smuggling). Sometimes those smuggled may be also deemed as victims of human trafficking, in the hands of exploitative criminal organizations. Migrants are usually forced to work also to pay for their journey, so that the borderline between smuggling and trafficking is quite thin.At sea, the legal context is more complex than on land. It is key to ascertain the relevant state jurisdiction and therefore the applicable norms.
Thesis
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This dissertation handles the trafficking in human beings (THB) in the Balkans, particularly comparing Bulgaria and Serbia. It aims to explore the current state of play in Bulgaria (as an EU Member State) and Serbia (candidate Member state) with regards to human trafficking, conditions and status of countermeasures against it. A comparison between these countries is based on a number of criteria, such as the legislative framework, measures adopted for prevention and protection of victims, and cooperation at national, regional and international level in response against trafficking in human beings. The main goal of this research is to explore opportunities for bilateral cooperation between these neighbour countries, which share similar characteristics, problems and obstacles in terms of improve practices and measures employed in the fight against human trafficking. In terms of that, the paper develops two main arguments. Firstly, is that close bilateral cooperation between Bulgaria and Serbia would address more effectively human trafficking in the region. Secondly, it will facilitate Serbia’s future enhanced regional and international cooperation with other relevant countries and institutions in the fight against trafficking and other organised crimes. Tо tеst my wоrking hypоthеsis, legal prоvisiоns, оfficiаl rеpоrts, аcаdеmic аrticlеs, rеsеаrch studiеs аnd оthеr rеlеvаnt writtеn mаtеriаls hаvе bееn аssеssеd viа cоntent аnаlysis. The findings of this dissertation will contribute to the literature in two ways. Firstly, they will present the rеlаtivеly nоvеl аpprоаch of comparing two neighbour countries in combatting trafficking in human beings rather focusing on a region or a single country. Secondly, they will demonstrate the crucial role of intеrnаl оrgаnisations (national NGOs, other civil society groups, national authorities) and external cooperation in the combat against human trafficking.
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In diesem Kapitel werden das Übereinkommen des Europarats zur Bekämpfung des Menschenhandels und sein Mechanismus zur vertraglichen Umsetzungskontrolle eingehend begutachtet und analysiert. Ausgehend von der Darstellung jener deliktsspezifischen Entwicklungen, die dem Abschluss dieses Übereinkommens vorausgingen, werden hierfür zunächst sein Umfang und Inhalt erörtert sowie die Entstehungsgeschichte seines Kontrollmechanismus dargelegt. Sodann wird im Detail auf den Aufbau des Kontrollmechanismus und seine vertraglichen Umsetzungskontrollverfahren eingegangen und diese getrennt voneinander dargestellt.
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Mechanismen zur Kontrolle der Umsetzung und Einhaltung vertraglicher Vorgaben und Verpflichtungen finden sich heute in einer Reihe besonders bedeutender multilateraler Übereinkommen des transnationalen Strafrechts wieder. In den vergangenen 20 Jahren hat aber nicht nur die Anzahl solcher strafrechtsvertraglicher Kontrollmechanismen zugenommen sondern insbesondere auch ihr Umfang und ihre Intensität, wenn auch in sehr unterschiedlicher Art und Weise. Diese Entwicklungen betreffen sowohl regionale Instrumente, die im institutionellen Rahmen des Europarats und der Organisation für wirtschaftliche Zusammenarbeit und Entwicklung (Organisation for Economic Co-operation and Development, OECD) vereinbart wurden, als auch global anwendbare Übereinkommen der Vereinten Nationen. Durchaus ist daher ein allgemeiner Trend zu erkennen, Übereinkommen des transnationalen Strafrechts mehr „Biss“ zu verleihen.
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Human exploitation is an egregious human rights violation that disproportionately affects women and girls worldwide. Gender inequality, a major risk factor to female exploitation, is sometimes codified into countries’ legal systems. We examined the predictive value of gender inequality in national laws on the estimated prevalence of modern slavery across countries. Regression analysis revealed significant results. The model with the largest effect size included predictor variables of constitutional laws protecting women from discrimination, equal citizenship rights for women, laws regarding sexual harassment, gender discrimination in employment, domestic violence laws, equality for women in the court system, and freedom of movement for women. Results suggest that reducing structural gender inequalities in national laws could increase women’s safety and security, thereby contributing to solutions aimed at decreasing the overall prevalence of all forms of human exploitation.
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La trata de seres humanos constituye una realidad intrínsecamente ligada a los movimientos migratorios que demanda un abordaje centrado en la detección y protección de las víctimas. En el presente trabajo de investigación se analiza su aproximación institucional en España con base en una encuesta cumplimentada por 150 entidades, unidades u organismos que pueden ocuparse de ella. El estudio se focaliza, de un lado, en determinar cómo afloran los casos de trata y qué entidades son las más eficientes en su detección. De otro, en analizar la forma en que las víctimas son asistidas y protegidas, incluyendo una valoración de la aplicación de mecanismos de tutela previstos en la Ley de extranjería para garantizar su permanencia en España. Los resultados confirman que la aproximación institucional a la trata sigue centrada en la explotación sexual de mujeres extranjeras y propone alternativas para superar dicho sesgo.
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This chapter examines the anti-trafficking international legal regime. It is premised on the understanding that trafficking is an objectively real and serious problem that justifies the presence of an extensive array of legal instruments which, directly or indirectly, aim at preventing and combating it. In doing so, the study examines the various instruments adopted to fight trafficking at the international and regional levels. The study begins this examination by analysing the primary anti-trafficking and anti-migrant smuggling legal frameworks. These legal frameworks are contained in the Organised Crime Convention 2000 through the TIP Protocol 2000 and the Migrant Smuggling Protocol 2000. The examination of the specialty anti-trafficking regional instruments and other international and regional human rights legal frameworks with a bearing on trafficking follows thereafter. This chapter also highlights the past and recent legal developments in the criminalisation of the crime trafficking in persons in Africa and its challenges. The chapter lays the foundation upon which to base states’ anti-trafficking obligations as presented in Chap. 5 of this book.
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This chapter examines states’ international anti-trafficking obligations. These obligations are the obligation of a criminal justice response, the obligation to prevent and combat trafficking and the obligation to assist, support, protect and provide remedies for victims of trafficking. This chapter interrogates states’ anti-trafficking obligations as provided in the international anti-trafficking and human rights instruments as well as policy documents. Comparatively, the chapter points out the strengths and weaknesses of the anti-trafficking legal regime in relation to how it encapsulates and elucidates the anti-trafficking obligations. Thus, this chapter is premised on Chap. 4, which has discussed the doctrine of state responsibility for trafficking by setting out circumstances upon which states incur responsibility for trafficking under international law, and Chap. 3 on the international legal regime, which provided a considered exposition of the international anti-trafficking legal regime. Even more importantly, the present chapter lays a strong foundation for examining Tanzania’s implementation of its domestic and international anti-trafficking obligations in Chaps. 7 and 8 of this book.
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This chapter of the book provides a comprehensive and analytical examination of the obligation of a criminal justice response as contained in the Anti-Trafficking in Persons Act 2008 and its Main Regulations 2015. The examination of this mandatory international legal obligation is gauged against similar obligations as discussed and analysed in Chap. 5 of this book. The present chapter considers all aspects of this obligation as contained in this legal framework. Among others, it points out the basic and peculiar features of this legal framework, how its criminalisation provisions have been drafted, the difficult legal relationship between the 2008 Act and its Main Regulations 2015, coherence with international law, especially the TIP Protocol 2000 and areas in which the Tanzanian legal framework either lags behind or is in agreement with or even takes an advanced step compared to the position currently existing under international law. More importantly, this chapter points out some implications from the major legal shortcomings that this legal framework presents in the discharge of this international obligation and the chapter goes on to suggest some areas for improvement. The remaining two international obligations—obligation to prevent human trafficking, and the obligation to provide victims of human trafficking with support, assistance and protection, including access to remedies—are considered in Chap. 8. This in no way waters down the reality that these three international anti-trafficking obligations are interrelated and even overlap.
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This chapter of the book analyses the Anti-Trafficking in Persons Act 2008’s remaining two obligations. These are the obligations to prevent human trafficking and the provision of support, assistance, protection and remedies for victims of human trafficking. These two obligations are discussed against the background of Chap. 5 which examined the content of, among others, these two anti-trafficking obligations under international anti-trafficking law. The first obligation, that of a criminal justice response, was discussed in Chap. 7. The present chapter points out the mandatory nature in which the prevention obligation is presented in the 2008 Act. It portrays the scattered and subsumed nature in which this obligation is presented in the legislation and how the Main Regulations 2015 largely help to provide more substantive provisions for preventing and combating human trafficking. Thereafter, the obligation to support, protect and assist victims, including access to remedies, is examined. As shown in this chapter, unlike the prevention obligation, the 2008 Act contains extensive provisions encapsulating the substance of this obligation. Furthermore, it establishes the major limitations that this legal framework presents in the discharge of these two obligations and their ensuing ramifications. The chapter also offers some recommendations to rectify such legal limitations.
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This chapter introduces the subject of trafficking in persons both from its international and domestic contexts. The chapter provides comprehensive background information regarding the current state of international law on human trafficking and the extent of the research and literature that currently exist on the subject. Thereafter, chapter introduces the problem of human trafficking in Tanzania from the existing research materials to its current crystallisation in the Anti-Trafficking in Persons Act 2008 and its Implementing Regulations. This chapter then provides a brief overview of the current anti-trafficking legal and institutional framework in terms of the crimes it criminalises, the extent to which it protects victims of human trafficking, the nature of its prevention provisions and generally, the strengths it portrays and the challenges this framework presents, all of which necessitated the writing of this book. Finally, the chapter provides the objective for writing this book and outlines, in a summarised manner, the basic content of all the remaining chapters of the book.
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This chapter forms the substantive section on the historical genesis of the crime of trafficking in persons under international law. The chapter intends to provide the reader with a historical understanding of the stages and phases that took place and which finally resulted in the international community adopting the current TIP Protocol 2000 which provides the most widely accepted definition of what amounts to trafficking in persons. The chapter defines the crime of human trafficking and analyses its constituent three elements of the action, means and purpose elements and points out its implications for the states parties to the TIP Protocol 2000 and the Organised Crime Convention 2000. The chapter examines almost all the individual constitutive components of the action, means and purpose elements. This analysis serves to lay a foundation for examining the criminalisation provisions of the Anti-Trafficking in Persons Act 2008 in Chap. 7. It also helps to gauge Tanzania’s compliance or implementation of its international and domestic anti-trafficking obligations assumed under the TIP Protocol 2000 in so far as the obligation to criminalise the crime of trafficking in persons is concerned.
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The fight against trafficking in human beings has been on the European Union’s (EU) internal and external agenda since the 1990s. Having acquired competence to regulate this matter, the EU has gradually developed a legal framework to combat this crime incorporating a human rights-based approach with an emphasis on victim protection. Cooperation with third countries, particularly those on its doorstep including the countries of the Eastern Partnership, has been essential to fight trafficking in human beings to the EU’s territory. The chapter traces the security and human rights nexus embedded in these efforts in the myriad of EU instruments established with the Eastern neighbours in bilateral and regional relations. It concludes that while firmly placed within the domain of the external aspects of the area of freedom, security and justice, the EU has transposed the human rights-based approach most prominently through the reforms associated with visa liberalisation.
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The fight against trafficking in human beings poses several challenges. The introduction of the human rights approach in this area requires victim protection measures. Faced with this challenge, the European Union has opted for the introduction of different measures through Directive 2011/36/EU. This instrument complements the international framework provided by the Palermo Protocol on trafficking and the Warsaw Convention. The study of some of the provisions of these instruments should help to determine whether EU regulation is truly an advance in the protection of victims of trafficking.
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The main concern of this chapter is to show that by beginning with a criminal justice approach to sex trafficking, the international community has been decisively less focused on trafficking victims’ human rights. Indeed, there are often moments during the criminal prosecution of traffickers that necessitate that victim’s rights be trampled in the name of securing a conviction. In this way, victim protection and prosecution of traffickers can be at odds – forcing state authorities to pick one over the other. Further, when prominent reporting institutions use successful convictions as the metric by which success in the fight against trafficking is measured, victim protections are sacrificed. Section “Sex Trafficking and Modern International Law: A Short History” reviews the development of modern international law on trafficking. Section “Trends” highlights global trafficking trends, and section “Data Collection Challenges” illustrates some ways in which current approaches to trafficking victims sacrifice their rights in order to convict traffickers. A version of this chapter originally appeared in the Human Rights Review.
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Kölelik, köle ticareti, kulluk, insan ticareti, zorla veya zorunlu olarak çalıştırma ve bunlara benzer uygulamaların uluslararası hukuk çerçevesinde yasaklanması, insan haklarının tarihsel gelişimi içerisinde oldukça eskidir. İlgili uluslararası düzenlemeler, bu uygulamaların nisbeten azalmasına yol açmakla birlikte, sonunu getirememiş ve hatta hukuk karşısında âdeta bağışıklık kazanarak yeni ve kolaylıkla fark edilmez biçimlere bürünüp varlığını sürdürmesini ve dünyanın çeşitli yerlerinde endişe verici şekilde yaygınlaşmasını engelleyememiştir. Konuyla ilgili birçok düzenleme ve güvence mekanizması içinde Avrupa İnsan Hakları Sözleşmesinin “kölelik ve zorla çalıştırma yasağı”nı düzenleyen 4. maddesi ile Avrupa İnsan Hakları Mahkemesinin içtihadı şüphesiz önemli bir yer tutar. AİHM’nin içtihadı, hem konuyla ilgili somut vakaların Sözleşme çerçevesinde denetlenip karara bağlanmasını sağlamaktadır hem de Sözleşmenin 4. maddesindeki insan hakları ile taraf devletlerin yükümlülüklerini açıklayıp geliştirmektedir. Böyle bir işlev görürken AİHM, söz konusu hükmün anlam ve kapsamını belirlemek ve bazen de sağladığı koruma düzeyini arttırmak için ilgili uluslararası hukuk düzenlemeleri ile Avrupa Konseyi üyesi devletlerin ortak değer ve standartlarını göz önünde bulundurmaktadır. Diğer taraftan, zorla veya zorunlu olarak çalıştırma mutlak bir yasak olmadığından, istenen bir çalışmanın bu yasak kapsamına girip girmediğini incelerken Mahkemenin çatışan menfaatleri 4. maddenin hedefleri ışığında bağdaştırmaya çalıştığı da görülmektedir. Bütün bunlar, konunun çeşitli yönleri bulunduğunu, geçmişte olduğu gibi günümüzde de önemini koruduğunu ve dikkatle incelenmesi gerektiğini göstermektedir
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Purpose This paper aims to explore the factors leading to the phenomenon of child trafficking in Egypt, how deeply it runs through the Egyptian society and evaluate the state’s efforts to combat it. Design/methodology/approach This research paper uses a case study method applied to the phenomenon of child trafficking in the Arab Republic of Egypt, and how the State is fighting it. The general policy approach is also used to clarify the State’s plans, programs and legislation in addressing the phenomenon of child trafficking, evaluate those policies and analyze the international documents. Findings The research paper concluded that child trafficking in Egypt represents a serious phenomenon, which stems from social, economic and cultural reasons. Even though the Egyptian Government exerts relentless efforts to fight this crime, all attempts have proven insufficient due to the lack of coordination between the concerned parties and low funds, in addition to the feeble services offered to the victims. Practical implications This study sheds light on a very perilous phenomenon in the Egyptian society; an international one with intricate magnitudes, upon which the State must concentrate more and eradicate it. Originality/value The study contributes to drawing the attention of decision makers in Egypt to the dangers of this phenomenon, and to the points of strength and weaknesses of the government’s efforts against it.
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Trafficked persons have to convince society that they are victims. They need to show that they are virtuous and deserving of state funds and protection and persuade against being labelled as criminals who should be punished.
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Despite a near unanimous agreement that human trafficking is a morally reprehensible practice, there is confusion around what qualifies as human trafficking in the United States. Adopting a mixed-method strategy, we examine how human trafficking is defined by the public; how contemporary (mis)understanding of human trafficking developed; and the public opinion consequence of this (mis)understanding. The definition of human trafficking has evolved over time to become nearly synonymous with slavery; however, we demonstrate that media and anti-trafficking organisations have been focussing their attention on the sexual exploitation of foreign women. We show that general public opinion reflects this skewed attention; the average citizen equates human trafficking with the smuggling of women for sexual slavery. Using a survey experiment, we find that shining light on other facets of human trafficking – the fact that human trafficking is a security problem and a domestic issue – can increase public response to the issue.
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In the past few decades new laws criminalizing certain transnational activities have proliferated: from money laundering, corruption, and insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue that criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross-border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by road networks that reflect potential vulnerabilities to the diversion of transnational crime. We interpret our results as evidence of the importance of context and issue framing, which in turn affects perceptions of vulnerability to neighbors' policy choices. In doing so, we unify diffusion studies of liberalization with the spread of prohibition regimes to explain the globalization of aspects of criminal law.
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Over the last 120 years, six international instruments have been created for the specific purpose of addressing human trafficking. Although these international instruments generally recognize the criminality of trafficking in persons, they consistently failed to explicitly define ‘human trafficking’ as a criminal offense until 2000. Prior to the turn of this century, how can human trafficking as codified under international law be understood? An in-depth legal analysis of these formative international instruments, in combination with their corresponding preparatory documentation, has largely escaped academic scrutiny. This article therefore examines the twentieth century trafficking conventions to fill this gap. It proceeds by identifying and isolating the legal definition of ‘human trafficking’ in each of these early international conventions, extracting the elements contained within, and contextualizing the substance from a criminal justice perspective. This analysis reveals the extent to which the legal construction of ‘human trafficking’ as a crime of international concern has evolved over time and what lessons the Palermo Protocol has or can learn from prior instruments. Reviewing the breadth of international law as it pertains to the traffic of human beings from its legal inception onward enables a greater understanding of this phenomenon.
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Most of the traditional methods of collecting data cannot be applied to new forms of crime such as trafficking in human beings. The present article examines the qualitative information in the database of the Global Programme against Trafficking in Human Beings of the United Nations Office on Drugs and Crime. The database includes information about all aspects of such trafficking. The data collected are comparable between countries and regions and are divided into three main sections: country reports, characteristics of the victims of such trafficking and of the traffickers and trafficking routes. The article illustrates the complexity of the data entry process. Analysis of the data confirms that trafficking in human beings is a gender-specific phenomenon, a sad manifestation of the rampant violence against women and girls. The results may be used as a basis for setting priorities for international cooperation and for gaining a deeper understanding of the profile of a given country.
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This article examines the issue of trafficking from the perspective of some sex worker organisations in India and Bangladesh. It argues that inequality between classes, genders, and nations is the root cause of trafficking, and that the solution to the problem lies in a political struggle for the rights of marginalised people. To substantiate these arguments, this article draws on the life stories of trafficked people, and on the preventative anti-trafficking initiatives of sex workers' organisations. In order to understand the ways in which trafficking violates people's rights and restricts their control over their lives we need to focus on the outcomes of trafficking rather than debating the processes through which trafficking takes place. Those who have been trafficked should not be perceived as passive victims of their circumstances, manipulated by others, but as human agents, who can – and often do – fight to gain control over their lives. The article offers a brief introduction and some guidance to some of the challenges that NGOs will face in their advocacy work on trafficking issues.
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Trafficking of children between various African countries shot to prominence in April 2001 as a result of media reports that a ship carrying 'slave children', the Etireno, had gone missing after being refused permission to land at Libreville in Gabon. When the ship eventually docked in Cotonou in Benin, the port it had first sailed from, some journalists reported that no slaves were found on board. There were 43 trafficked children on the boat, not chained or visibly enslaved. They were accompanied by adults who initially claimed to be relatives, but who, after leaving the boat, did their best to disappear from view. Many of the children remained so intimidated that they did not dare recount the truth about where they came from to social workers at the shelters they were taken to, run by Terre des Hommes and others. This article highlights media portrayal of trafficking in children in West and Central Africa, explains why girls are more likely to be trafficked, and discusses some counter-trafficking initiatives undertaken by a range of institutions.
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THROUGHOUT ASIA, THE TRAFFICKING OF women and girls for the sex industry has gen- erated a complex and politically sensitive range of health threats and prevention chal- lenges for the women involved, local and national health authorities, and the interna- tional community.1 The crime of sexual trafficking and slavery is widespread. Source countries from which significant numbers of women were trafficked in 2002 include Burma, Thailand, Vietnam, Russia, Uzbekistan, Nepal, Laos, China, and the Philip- pines. Destination countries for these women include Thailand, China, Cambodia, India, Russia, Sweden, the United States, and the EU. Countries in which trafficking of women occurs within state borders for the domestic sex industry include China, Russia, India, Thailand, Cambodia, and Burma. All of the countries listed above (save the U.S.) are signatories to the UN Convention on the Rights of the Child, which explicitly bars both trafficking and child sex work. Yet, in 2003, the trafficking indus- try and its harmful effects appear, if anything, to be increasing. This industry, a major source of HIV and other sexually transmitted disease (STD) potential, is a problem that will require regional and international cooperation to be mitigated or resolved. While this analysis focuses on the health impacts in the Southeast Asian women trafficking industry, several broad categories of health consequences are likely appli- cable to trafficking of women and girls globally.
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This paper discusses trafficking in persons within a human security framework by identifying factors that heighten the insecurity of women and children within countries of origin, transit and destination. The author begins by reviewing the definitions in use and assessing the scope of the problem, and describing vulnerable populations and harmful practices. The paper then addresses conditions of vulnerability, including economic conditions, the entrenchment of organized crime, and civil war and unrest. It examines responses to the problem in countries of origin, transit, and destination, and concludes with recommendations for future policy intervention.