1. INTRODUCTION:
In recent years the smuggling of human beings
across international borders has grown rapidly from a small scale cross
border activity affecting a handful of countries into a global
multi-million dollar enterprise. Although information about human
smuggling is patchy and often unreliable, current estimates suggest that
some 8,00,000 people are smuggled across borders every year.
The
spread of smuggling needs to be understood in the context of the
globalization and greatly increased migration. Prospects of a better
life abroad, poverty, economic marginalization, political and social
unrest and conflict are all incentives to move. Global media and
transportation networks make movement easier. As push and pull factors
encourage increasing numbers of people to migrate, they in turn collide
with the many legal obstacles to entry that industrialized countries
have put in place.
Two trends are a direct consequence of this.
First, as avenues for legal migration have become increasingly
restricted, the asylum system has come under pressure as one of the few
options that migrants can use. Second, migrants have increasingly
resorted to the use of smugglers to facilitate their travel. This
compounds their vulnerability to ill treatment and exploitation.
Human
trafficking involves forced or coerced movements. Sometimes people are
kidnapped outright and taken forcibly to another location. In other
cases, traffickers use deception to entice victims to move with false
promises of well paying jobs such as models, dancers or domestic
workers. In some instances, traffickers approach victims or their
families directly with offers of lucrative jobs elsewhere. After
providing transportation to get victims to their destinations, they
subsequently charge exorbitant fees for those services, creating debt
bondage. What begins as voluntary movement ends up coerced.
2. INTERNAL TRAFFICKING:
The
trafficking of people for sexual exploitation and forced labour is one
of the fastest growing areas of international criminal activity and one
that is increasing concern to the international community. Generally,
the flow of trafficking is from less developed to more developed regions
and countries. While mush of the attention on trafficking ahs focused
on those who cross international borders, trafficking within countries
also very common. Victims of forced prostitution usually end up in large
cities, sex tourism areas or near military bases, where the demand is
highest. Victims of forced labour may be found throughout a country, in
agriculture, fishing industries, mines, carpets and sweatshops.
Internal
trafficking shares many common elements with internal displacement and
one could argue that internal trafficking victims are internally
displaced persons (IDPs). The Handbook for Applying the Guiding
Principles in Internal Displacement makes clear that “the distinctive
feature of internal displacement is coerced or involuntary movement that
takes place within national borders. The reasons for fight may vary and
include arm conflict, situations of generalized violence, violations of
human rights, and natural or human made disasters.”
3. THE TRAFFICKING CHILD:
Human
trafficking for sexual exploitation and forced labour is believed to be
one of the fastest growing areas of criminal activity. Child victims
are particularly vulnerable but there is little systematic knowledge
about their characteristics and experiences. They are often subsumed
under the women and children heading without allowing for analysis of
their special needs.
Extreme poverty drove many of the girls to
migrate. In some situations, parental illness compounded already dire
economic circumstances and placed even more pressure on the children to
contribute to the family’s income. In other cases, family breakdowns
resulting from death or divorce left the children vulnerable.
In
some cases, the idea to migrate came form the girls, while the other
situations a family member, friend or trafficker pose as a trustworthy
individual planted the idea. In most cases, the girls’ decision to
migrate resulted from their desire to help their family financially or
escape a difficult family situation.
4. HUMAN TRAFFICKING IN SOUTH ASIA: by Faisal Yousaf, UNHCR
“Amidst
the hype of globalization-driven South Asian prosperity, the plight of
the landless, illiterate and chronically poor remains forgotten. Among
the most vulnerable losers are those who migrate in search of better
livelihoods.”
Trafficking in South Asia is complex and
multifaceted, both a development and a criminal justice problem. The
main destination of people from SA is the Middle East but many stay
within India and Pakistan. There is extensive trafficking of women and
girls from Bangladesh to India, Pakistan, Bahrain, Kuwait and the UAE.
UNICEF estimates that up to half a million Bangladeshis have been
trafficking in the recent years and that up to 200,000 Nepali women and
girls are working in India’s sex industry. A small number of women and
girls are trafficked through Bangladesh from Burma to India. Young boys
from SA are trafficked to the UAE, Oman and Qatar and forced to work as
camel jockeys.
South Asian governments have been slow to
acknowledge global concerns about human trafficking. The countries in
the region have repeatedly been rebuked by the US State Department for
failure to tackle human trafficking.
The problem of human
trafficking in the region is not new. Millions of South Asian indentures
laboureres moved to European colonies – some as far flung as Fiji – in a
way, which would today be labeled as trafficking. In the colonial era,
trafficking referred exclusively to the movement of white women to the
colonies to provide sexual services. In 1949, the earlier UN Convention
on trafficking didn’t define it but instead relied on this previous
understanding as it sought to eliminate immoral trafficking in women.
None of the South Asian countries signed or ratified this convention but
their laws have maintained this moral fervour. Persistent failure to
clarify the law has often served to legitimize police brutality against
women working in the sex trade.
In the 1970s, initial concern
about trafficking was linked exclusively with prostitution and sexual
exploitation. Feminists spearheaded the anti-trafficking movement,
driven by concerns about sex tourism in South East Asia, the stationing
of large numbers of US military personnel, mail order brides and women
crossing borders for prostitution and for work in the entertainment
industry. When the South Asian activists started to analyse the
situation in their region it was cross-border prostitution –
particularly of Nepali and Bangladeshi women and girls lured to Indian
brothels – and child sexual exploitation by tourists in Sri Lanka, which
were cited. Women’s rights and child rights groups in the region
started networking, providing assistance to trafficked women and girls
and pressing for action to address the problem.
In the 1990s, as
more women migrated for work and found themselves trapped in debt
bound-age or slavery-like conditions, the need to unambiguously define
trafficking as a prerequisite to ending it became clear. Some feminists
still wanted to focus only on prostitution – arguing that its abolition
would stop trafficking – but most analysts and activists began to
conceptualize trafficking as a broader phenomenon linked to
globalization, unequal terms of trade, migration and labour. Researchers
have drawn attention to three main confusions in the literature on
trafficking in South Asia – the conflation of trafficking with
prostitution, trafficking with migration and women with children – and
consequent implications for programmes.
In 2002, after years of
discussion, the South Asian Association for Regional cooperation (SAARC)
– a regional body bringing together the governments of the member
states – agreed a convention on trafficking. Ignoring civil society
representations, it defined trafficking solely as the enforced movement
of women and children for the purposes of commercial sexual
exploitation. The SAARC Convention is thus far more limited in scope
than the UN’s Palermo Protocol. No South Asian countries have ratified
the Palermo Protocol.
Every major anti-trafficking initiative in
the region has been civil society led. NGOs have carried the main burden
in reaching out to trafficking persons, providing health and legal
assistance, raising public awareness, steering the national legislative
initiatives and providing training and technical assistance to law
enforcement and border control authorities. However, civil society
involvement is quite recent and they can only provide limited services.
5. KEY CHALLENGES ARE:
I. Absence of a joint regional strategy by civil society organizations to combat trafficking.
II.
Duplication in civil society programmes and activities; more agencies
focus on awareness raising than on provision of assistance or
repatriation of trafficking victims.
III. Only a few organizations provide repatriation assistance to the victims of trafficking.
IV. Lack of a coherent regional donour/funding approach and existence of several parallel anti-trafficking programmes.
V.
Major donour supported anti-trafficking programmes in the region often
only target specific countries, ignoring others in which traffickers
also operate.
6. THERE IS AN URGENT NEED TO:
I. Develop new legal and institutional framework to promote regional cooperation, especially through the SAARC.
II.
Advocate for the establishment of an office of Rapporteur on
Trafficking in Women and Children in SAARC and at the national level,
like the one already working in Nepal.
III. Encourage private sector involvement in regional initiatives.
IV. Promote cooperation b/w civil society organizations and national law enforcement agencies.
V. Develop policies and institutional mechanisms especially to repatriate victims of trafficking in a dignified and safe manner.
VI. Encourage inter-regional exchanges visits and trainings, particularly with eastern European states.
VII. Train civil servants to make government schemes more gender sensitive.
7. HUMAN TRAFFICKING & PAKISTAN:
THE
trafficking of men, women and children is a bane Pakistan must firmly
curb. This modern form of slavery, which entails the trading of people
for sexual exploitation and forced servitude, has brought the country a
bad name. The latest to raise a finger at Pakistan for being the source
as well as the transit area of this deplorable crime is the US
department of state, which has just issued its 2006 report on human
trafficking. There are other countries in the region, which have also
been identified as major traffickers and share with Pakistan the blame
for this horrendous crime. The fact that this problem exists in the
whole of South Asia underlines the common socio-cultural and economic
characteristics and the weakness of governance in all these countries.
Women and children, who are the worst sufferers, constitute the weakest
section of our society. Poverty also makes them vulnerable to
exploitation by vested interests. When the structures of government are
weak and the implementation of laws ineffective, it is not unusual that
crime and social evils such as human trafficking become rampant. This
has been the case in Pakistan. Small wonder then that the state
department report condemns the smuggling of men and women from here to
neighbouring countries to be used as slave labour and for prostitution
and little children being taken to the Gulf states for camel races.
The
pity is that despite its best efforts, Islamabad has failed to stem the
flood of trafficking. There are additionally other factors, such as
unjust laws — the Hudood Ordinances being one — corruption and a general
contempt for women and children, which make it easier for evil elements
to carry on the slave trade with impunity. The report is appreciative
of the Pakistan government for formulating a national plan of action to
combat human trafficking and setting up a cell in the interior ministry
to coordinate its efforts. One can only hope that the government will
ensure the implementation of its national plan and that its good
intentions will not vanish in thin air before the cupidity and
unscrupulousness of those indulging in this immoral and inhumane trade.
Many of the laws that facilitate this evil practice will have to be
changed. The law enforcement machinery must also be spruced up to crack
down on the gangs operating in this field.
8. THE UN ROLE:
The
UN Convention against Transitional Organized Crime and its two
protocols on Trafficking and Smuggling adopted in 2000, seek to
distinguish between trafficking and smuggling. In reality, these
distinctions are often blurred. A more nuanced approach is needed to
ensure protection for all those at risk.
The Protocols
distinguished b/w those who are smuggled and those who are trafficked.
Trafficking is defined as “the recruitment, transportation, transfer,
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 the
exploitation.” By contrast, smuggling refers to consensual transactions
where the smuggler and the migrant agree to circumvent immigration
control for mutually advantageous reasons. The smuggling relationship
technically ends with the crossing of the border. The two critical
ingredients are illegal border crossing by the smuggled person and
receipt of a material benefit by the smuggler.
9. SUZZANNE MUBARAK WOMEN’S INTERNATIONAL PEACE MOVEMENT (SMWIPM):
On January 23, 2006, in Athens, corporate leaders signed up to seven Ethical Principles against Human Trafficking:
1) Zero tolerance towards human trafficking.
2) Awareness raising campaigns and educational activities.
3) Mainstreaming anti-trafficking in all corporate strategies.
4) Ensuring the compliance of personnel.
5) Encouraging business partners to apply the same ethical principles.
6) Advocacy to urge governments to strengthen anti-trafficking policies.
7) Wider sharing of good practices.
10. CONCLUSION:
•
While the prime responsibility in eliminating human trafficking rests
with governments, a successful global vis-à-vis regional strategy
requires engagement of a wide range of stakeholders, including NGOs, the
security sector, the public – and the business community.
• Richard Danziger:
“There
needs to be a common understanding of WHO the victims of trafficking
are. Only then can the international community hope to improve its
record in identification and protection of such individuals.”
•
Human trafficking is about the plight and suffering of people and not
about criminal transactions in soulless goods. As traffickers ruthlessly
exploit the lack of social and legal protection for the victims of
trafficking, the legalization of the status of the victims of
trafficking is a must. For victims to be able to free themselves from
actual or threatened violence they need comprehensive social, economic
and legal assistance. This is crucial to effective victim and witness
protection strategies.
• More than half of trafficking victims
worldwide are children, forced into pornography, prostitution and labour
servitude. Human trafficking is an unscrupulous market that generates
around $ 10 billion annually.
• “In order to combat one of the
cruelest problems in the world today, we must create alliances,” says
Ricky Martin, UNICEF Goodwill Ambassador and twice Grammy Winner.
•
According to UNHCHR’s Recommended Principles and Guidelines for human
Rights and Human Trafficking, human rights must be at the heart of
counter-trafficking measures. Destination countries mat need to reassess
strategies to ensure that they conform to international standards and
provide better protection to the victims of trafficking.
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