Briefing Paper: Human Trafficking

BRIEFING PAPER: HUMAN TRAFFICKING
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Abstract
Human trafficking which is seen as modern slave trade is a serious crime under both international and national legal frameworks. It exposes victims to economic exploitation with many of them being women and children under the age of 18 years. Important to note also is the fact that human trafficking has raised important human rights issues, especially concerning women and children and stakeholders are starting to rethink their approach to this societal issue. Further, human trafficking has emerged as the third biggest criminal industry next to drug trafficking and illegal arms. Like the latter two, the human trafficking industry has helped in promoting proliferation of other crimes, including but not limited to child abuse, prostitution and violence against women. With the help of existing literature, this paper seeks to explicate the various dimensions of human trafficking and how it has affected the society at the individual, national and international level. The paper also offers some recommendations as to the best way forward in regard to dealing with the problem of the modern slave trade. 1.0 Background Information
The thirteenth amendment of United States constitution outlawed slavery. Essentially, by 1981 other countries had followed suit and banished slavery. However, while the legal type of slavery was abolished, the illegal type of slavery was left to thrive. Illegal slavery, hereafter referred to as human trafficking predated the US for millennia in places such as Egypt and ancient Rome has been virtually in every country since then. While modern day slavery is different, it is not a new phenomenon and largely involves the exploitation of human being for profit. Human trafficking is considered a serious crime as well as a violation of human rights and freedoms. Over the last couple of years, the issue of trafficking has featured predominately on the international agenda with governments, and human rights lobby groups calling for more action to help curb this crime.
Human trafficking has three inherent element; the act, the means and the purpose. The act involves recruitment, transfer, transportation or harboring of persons. Means encompasses the use of force, abduction, coercion, vulnerability, power misuse or paying persons who have control or access to the victim. The purpose encompasses exploitation in terms of sex or forced labor or removal of organs. It has become obvious that human trafficking has also helped in the proliferation of other crimes and more specifically an increase in prostitution, drug trafficking and drug abuse and illegal arms dealings. In line with this, calls for increased efforts have increased and governments are being pressurized to establish a common international framework policy that will effectively help in preventing, prosecuting and protecting the victims of this illegal activity. Dubbed as modern slave trade, the human trafficking industry has had numerous negativities including but not limited to increased black market activities, increased violence, and human rights violations among others.
2.0 Introduction
The topic about human trafficking has instigated a heated debate over the last couple of years with human rights groups calling for governments’ actions around the world. For the purpose of this paper, human trafficking is defined as the provision of labor by individuals who have otherwise been trafficked for labor and sexual exploitation. Included in this definition are elements of fraud, deception and coercion with the sole intent of exploitation. There is a broad agreement among many concerned corners, the UN included, that the consent of the person being trafficked does not matter with individuals who have been agreed to such exploitation also being considered victims of human trafficking.[Loring Jones et al., "Globalization and Human Trafficking," Journal of Sociology & Social Welfare 34, no. 2 (2007): 110]
The major target groups for human trafficking are those coming from vulnerable groups such as the poor, women and children. For example, women who wish to become economically dependent may become easier targets of human trafficking. Whilst governments around the world have increased their efforts to curb human trafficking, there is still need for further efforts in regard to prevention, protection and prosecution. Further, a lot is still desired to in terms of establishing policies aimed at addressing and eliminating this societal problem. Through proper and fitting government policy, intervention, and education to spread awareness on the consequences of exploitation of humankind, human trafficking, both domestically and internationally, can be prevented to help end the illegal practice of contemporary slavery, human rights violations, and unlawful scheme of globalization. Child trafficking is a major problem affecting about 1.2 million children every year with majority of them being between the age of 18 and 24 years of age. Most of these children have at one point or another experienced sexual or physical violence at some point in their lives.[Melynda H. Barnhart, "Sex and Slavery: An Analysis of Three models of State and Human Trafficking Legislation," William & Mary Journal of Women and the Law 16, no. 1 (2009-2010): 85]
The human trafficking industry is currently one of the biggest in the criminal world and hail at number three next to arms and drug trade. United States for instants estimates that between 45 and 50 thousand women and children, who are trafficked every year (about 700, 000 globally) lands on its soil annually with one third of this number being thought to be under the age of 18. According to 2010 International Labor Organization (ILO) estimates, human trafficking industry net profits worth 31.6 billion dollars every year with 49 percent of this figure coming from developed countries, 30.6 percent from Asian Pacific, and the rest being divided across other regions including Latin America (4.1%), Sub-Saharan Africa (5%) and Middle East (4.7%).[Christa M. Stewart, "Trafficking: A Violations of Women’s Human Rights," Women’s Lawyers Journal 86, no. 4 (2000-2001): 16] [Majeed R. Rahman, ""Human Trafficking in the Era of Globalization: The Case of Trafficking in the Global Market Economy," Transcience Journal 2, no. 1 (2011): 57]
While the major reasons behind human trafficking are often considered as being economically and socially driven, geographical and regional factors also plays an important role towards fuelling human trafficking. However, regardless of the factors involved it is clear that human trafficking infringes fundamental human rights as provided for by the Universal Declaration of Human Rights.[Luz E. Nagle, "Selling souls: The effect of Globalization on human trafficking and forced servitude" , Wisconsin International Law Journal, (2015): 131-162]
Economics accompaniments criminal justice, law enforcement and sociology research in a bid to analyze individual choices in regard to human trafficking industry. The inclusion of the psychic costs of criminal behavior links economics with criminology together with other social sciences. Factors such as corruption, cultural norms and time allocation can be hard to model. However, these factors play an important role in human trafficking in regard to victims of human trafficking. It is important however to note that the exclusion of some factors may not be fully explain human trafficking industry and its complexity. It is therefore necessary to look at these factors from an objective point of view for one to have a clear understanding of the issue.[Wheaton M. Elizabeth "Economics of Human trafficking", International Migration 48 (2010):4: 114-141]
3.0 Human Trafficking
3.1 Human Trafficking as Modern Slave Trade
The term human trafficking is commonly referred to as modern slave trade a conception that has triggered calls from lobby groups asking governments and other players to restate their stand and commitment towards the Universal Declaration of Human Rights. There are many human rights abuses associated with human trafficking. Most important is the fact that human trafficking victims, via servitude, are denied their rights and freedom as provided for under the universal declaration of human rights. They forced either to work in poor conditions or engage in prostitution or are sexually exploited.[Julia O. Davidson, "New Slavery, Old Binaries: Human Trafficking and the Borders of ‘Freedom,’" Global Networks 10, no. 2 (2010): 244]
By its very own nature, human trafficking increases the vulnerability of individuals to extreme abuse and exploitation. More often than not, victims are lured into the trap through pretentious intentions job offers, false marriage proposal, better life opportunities or kidnapping. After being trafficked, the victims are then subjected to slavery life and receive even more threats in a bid to integrate them to the slavery system. For example, living in a foreign land without proper documentation is sure way of colliding with the authorities and one of the major ways used by traffickers to ensure that their victims follow their orders.[Sara Birkenthal, "Human Trafficking: A Human Rights Abuse with Global Dimensions," Interdisciplinary Journal of Human Rights Law 6, no. 1 (Annual 2011): 28]
As mentioned above human trafficking undermines individuals (victims) human rights and freedom. As with any other debates, there are different views when it comes to discernment of the issue of human trafficking. On one side is the argument that whilst it is possible to separate smuggling, migration and trafficking, the three are interrelated. Trafficking is different migration and smuggling but can be tackled from a broader framework of migration in a bid to establish policies that can help reduce incidences of trafficking and human rights violations. In this regard, understanding the interrelation between the three concepts while still understanding their underlying differences may help in formulating policies that tackles the issue of human trafficking and human rights violation simultaneously.[Davidson, 245]
On the other side is the argument that any discussion relating to freedom and slavery shuts down any probability of starting a political struggle aimed at warding off exploitation, restrictions and injustices that immigrants groups face. Slavery and freedom are constructed categories as opposed to being essential categories. The argument goes further to postulate that the differences between trafficking, smuggling, and migration are not fundamental, but constructed through reference to the imagined line between freedom and restriction and to political judgments about what count as appropriate and inappropriate forms of exploitation and force. In this line of argument, what may be deemed as exploitation in one society may not be seen exploitation...