HRC - Modern Forms of Slavery[1] by IDIA

Background.....................................................................................................................................4 Definition of Modern Slavery...............................................................................................................4 Human Trafficking as a Transnational Issue......................................................................................7 Attempts to Address Slavery on an International Level....................................................................8

Current Status.................................................................................................................................9 Recent Developments..........................................................................................................................12 Research..............................................................................................................................................................12 Real Progress Against Slavery............................................................................................................................13

Key Positions.................................................................................................................................16 The United States and Canada...........................................................................................................16 Latin America and the Caribbean.....................................................................................................16 Europe..................................................................................................................................................17 The Middle East..................................................................................................................................17 Asia.......................................................................................................................................................18 Africa....................................................................................................................................................19 The Media............................................................................................................................................19 Non-Governmental Organizations.....................................................................................................20 Business Interests................................................................................................................................20

Summary.......................................................................................................................................22 Discussion Questions....................................................................................................................24 Works Referenced.........................................................................................................................25

Introduction The term slavery often connotes the system prevalent during the 17 th and 18th Centuries in which humans were traded as a commodity. Despite the end of slavery in the United States and the end of what had become a systematized slave trade, the process did not end during the 19th Century, but rather persists today throughout the world in various forms. Although it is difficult to establish one single definition of contemporary slavery, it is generally distinguished from other human rights violations as violent control of one person over another. The Office of the UN High Commissioner for Human Rights1 recognizes the sale of children, child prostitution and pornography, the exploitation of child labor, sexual mutilation, children in armed conflict, debt bondage, human trafficking and the trafficking of human organs, and the exploitation of prostitution as some of the contemporary forms of slavery that exist in the world today. It is extremely difficult to gather accurate data about the prevalence of such types of slavery because such practices are almost always undocumented by states. At the same time, victims of slavery are often too scared to disclose their experiences for fear of being punished, leading to widely differing estimates of the prevalence of slavery in the world today. Although no state formally sanctions slavery, enforcement is seemingly quite lax when it comes to trafficking and enslavement. For example, even though there are laws in India and Nepal against debt bondage, most rural areas of these nations are filled with people forced to work in a perpetual state of debt to their master. Human trafficking is at the base of many other contemporary forms of slavery, because it involves the forced transition of a person into slavery. Generally, human trafficking can be divided into trafficking for sexual exploitation and trafficking for forced labor. Traffickers often trick victims into agreeing to travel with them to a new country in search of a better life, only to force them into debt bondage or prostitution with virtually no pay. People are told that 1

In 2006, the United Nations approved and empanelled a new human rights agency for the United Nations. The United Nations Human Rights Council replaced the United Nations High Commission on Human Rights. The efforts of the UNHCHR are considered to be precursors to the work of the UNHRC. Wherever possible, for the purposes of this brief, UNHCHR will relate to activities that either were decided or were implemented before the 2006 transition.

they need only pay off transportation costs when once the arrive at their new homes, but the are paid a wage, and are forced to pay interest rates, that make paying off their debts impossible. Human trafficking has caused modern slavery to become a transnational issue, as victims are transported across state borders into various forms of slavery. The international community, and specifically the International Labour Organization, has taken action to advocate the elimination of the worst forms of child labor, all of which are considered contemporary forms of slavery. As the use of child labor often stems from necessity in extremely poor areas of the world, it is extremely difficult to eradicate it. It is not uncommon for a parent in Africa to essentially sell their child into slavery out of necessity for survival, in some cases, for the safety of both parent and child. The United Nations High Commission on Human Rights established the Working Group on Contemporary Forms of Slavery, charged with researching forms of slavery throughout the world and making recommendations on the best course of action. In 1991, the Working Group established a Voluntary Trust Fund to accept and distribute donations to NGOs and other organizations working towards the goal of eliminating modern slavery. Only in the past several years has the international community become concerned about human trafficking, and as a result, there is a lack of data on this sort of enslavement. Research is often criticized for not using enough methodology or proper research techniques, resulting in differing reports with unexplained, often contradictory conclusions. Recent studies have shown that the area where research is most lacking is in establishing the root causes behind contemporary forms of slavery, which is necessary for its eradication. Many states lack an effective legal system to penalize traffickers and have not established protections for victims of trafficking who could be critical witnesses. Non-governmental organizations have been instrumental in making progress in eradicating contemporary forms of slavery, especially in Africa. As states are becoming more publicly accountable for the actions going on within their territory, they are starting to enact legislation criminalizing trafficking and establishing effective enforcement mechanisms. These actions are still in their very early stages, however, and much more

effort is necessary to encourage real reform. Before anything meaningful can happen, however, establishing the root causes behind contemporary forms of slavery. Without addressing these causes, there is no way to end the enslavement of innocent people. At the same time, states must work together on an international level to address these issues as a global problem, rather than attempting to deal with the problem on a state-by-state basis.

Ultimately, creating

government accountability and collecting accurate research are the first steps towards a free world.

Background Slavery dates back to ancient times and eventually became a vital asset of many national economies. As James Walvin states, Europeans, â&#x20AC;&#x153;by [the year] 1600 came to terms with the African as an item of international trade.â&#x20AC;? 2 The African slave trade reached its peak in the late 1700s, when colonial Americaâ&#x20AC;&#x2122;s growing economy necessitated

huge

unskilled labor supply.

Abolition: a movement calling for the prohibition of slavery

Source: www.doe.nv.gov/standards/standss/history-standards/histgloss.html

the

same

time,

however, abolitionism began to gain support in Great Britain, leading first to the illegalization of slavery in British colonies, and then ultimately in most colonies throughout the world.

During the 1800s, states gradually abolished the traditional

African slave trade, with Brazil being the last in the Western Hemisphere to do so in 1888.3 Such abolitionist movements did not, however, completely eradicate slavery. On the contrary, many contemporary forms of slavery exist on a large scale throughout the world today in states with dire economic situations.

Definition of Modern Slavery Difficult to define, slavery is a practice that is interpreted differently throughout the world. 2 3

According to Anti-Slavery International, a leading non-governmental

James Walvin, Atlas of Slavery (New York: Pearson Education Ltd., 2006), 39 Walvin 91.

organization (NGO), slavery can be distinguished by the following characteristics: a slave is forced to work by a physical or mental threat, is treated as, and bought and sold as, a commodity, is controlled or ‘owned’ by an employer, and has their freedom of movement restricted or controlled.4 The core attribute to contemporary slavery, according to Kevin Bales, a scholar on modern global slavery, is “the violent control of one person over another.”5 Although it is illegal in every state to own another person and exercise complete control over that person, slavery persists, largely in the underdeveloped and developing world. Slavery is almost always undocumented by state governments because the practice is not sanctioned by the state, thus making it very difficult to gather accurate statistics on the number of people enslaved worldwide. According to Bales’ research, there are approximately 27 million enslaved people in the world today. 6 Other studies publish different statistics; the International Labour Organization (ILO), for example, estimates that 100 million children are currently being exploited for their labor.7 The UN High Commissioner for Human Rights (UNHCHR) acknowledges the following forms of human rights violations as types of slavery that exist in the world today: the sale of children, child prostitution, child pornography, the exploitation of child labor, the sexual mutilation of female children, the use of children in armed conflicts, debt bondage, the traffic in persons and the sale of human organs, the exploitation of prostitution, and certain practices under apartheid and colonial regimes.8

Debt bondage, also known as bonded labor, is a prevalent contemporary form of slavery, and involves forcing a person to work under exploitative conditions to repay a debt they have incurred. This is a form of slavery because the debt the laborer must pay is often so large that they will never be able to repay it with the low wages they are able to earn. 9 Debt bondage is especially prevalent in South Asia, where it exists in almost every economic sector. There is no agreed upon estimate of the number of bonded laborers in 4

Christien Van Den Anker, ed., The Political Economy of New Slavery (New York: Palgrave Macmillan, 2004), 18. Kevin Bales, Understanding Global Slavery (Berkeley: University of California Press, 2005), 6. 6 .Bales 5. 7 UNHCHR, “Contemporary Forms of Slavery,” UNHCHR, http://www.unhchr.ch/html/menu6/2/fs14.htm (accessed March 11 2006). 8 ibid 9 Bales 2. 5

South Asia because of the difficulty of gaining such data. In India, Pakistan, and Nepal, where there are the highest incidences of debt bondage, the process often starts with marriage, as the man borrows money to pay for the marriage, thus bringing himself, and ultimately his entire family, into debt. Victims of debt bondage are often subjected to abuse and do not have freedom of movement. Such victims also live in extreme poverty, and shelter requires further dependence on their master. 10 Although states in South Asia have laws against such practices, enforcement does not reach many rural areas. 11 The “worst forms of child labor,” as defined by ILO Convention 182 in 1999, are considered contemporary forms of slavery, and describes these forms of child labor as “all forms of slavery or practices similar to slavery…the use, procuring or offering of a child for prostitution [or] for illicit activities [such as drug trafficking, and] work which … is likely to harm the health, safety, or morals of children.” 12 Labor standards that endanger the health or safety of the child often occur in developing nations where children are forced to work in order for the family to survive. Areas where children work in the worst conditions are often isolated villages with weak infrastructure and a lack of investment, as well as a lack of migrant workers, making it difficult to eradicate child labor, because it is so engrained in the culture.13 Child trafficking is also becoming an increasingly prevalent problem. In northern Ghana, for example, children are taken from cocoa farms where they work, and are transported to richer areas of southern Ghana. There, they are forced to work, often as domestic servants or kitchen staff, and have no chance to return to their families. 14 ILO Convention 182 calls for member states to “prevent the engagement of children in the worst forms of child labour” and to provide necessary assistance for such removal. For a nation ridden with poverty, however, that is a task that is much easier said than done. 15 10

Krishna Upadhyaya, “Bonded Labour in South Asia,” in The Political Economy of New Slavery, 2004, 123. Upadhyaya 119. 12 ILO, “ILO Convention No. 182: Worst Forms of Child Labour Convention, 1999,” ILO, http://www.ilocarib.org.tt/childlabour/c182.htm (accessed March 10 2006) 13 Amanda Berlan, “Child Labour, Education and Child Rights Among Cocoa Producers in Ghana,” in The Political Economy of New Slavery, 2004, 165. 14 Berlan 164. 15 ILO Convention 182. 11

Without addressing the root cause of poverty, it is almost impossible to eradicate these injustices. The status of migrant domestic workers (MDWs) in Europe has also come under scrutiny as a form of modern slavery. Such workers appear to be ordinary domestic workers, but a study of MWDs in Britain exposed that in August 2001, eighty-eight per cent of MWDs cited psychological abuse by their employer, thirty-four per cent cited physical abuse, sixty-eight per cent had their passport withheld from them, and ninety per cent were paid less than one USD $100 a month. 16 As the plight of MDWs is uncovered as a form of contemporary slavery, it becomes clear that slavery in the modern era reaches far beyond the developing world and into all areas of the globe.

Human Trafficking as a Transnational Issue Human trafficking is the forced transportation of persons into slavery, and is at the root of the issue of contemporary slavery because it involves transporting victims across state borders for the purpose of enslavement. The fate of victims of human trafficking is exploitation in some way, including prostitution, forced labor, sexual exploitation, and the forced removal of organs, as recognized in the UN Anti-Trafficking Protocol of 2000.17 Trafficking in persons is often accomplished by gaining initial consent of the victim to be smuggled across state borders. The trafficked person does not consent to being sold into slavery, but rather is coerced into slavery after it is too late for them to reconsider.18 Victims of trafficking are vulnerable to false promises of economic opportunities because they are seeking a better life. Political instability and civil unrest, as well as internal armed conflict, often lead to the destabilization of a population, making the population vulnerable to abuse and exploitation.19

Human trafficking involves

transporting victims from one state to another, therein rendering slavery a transnational 16

Bridget Anderson, “Migrant Domestic Workers and Slavery,” in The Political Economy of New Slavery, 2004.107. 17 “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,” 2000. 18 Bales 130. 19 Bales 139.

issue that is very difficult to track. Any effective solution to eradicate contemporary forms of slavery must address human trafficking, and any effective solution against human trafficking must be constructed and implemented on an international level.

Attempts to Address Slavery on an International Level As human trafficking has made slavery a transnational issue in the modern world, several attempts have been made by the international community to address the problem. The International Labor Organization (ILO), for example, has passed several resolutions regarding contemporary forms of slavery. In June 1930, the ILO adopted the Forced Labor Convention, which calls for member states to “suppress the use of forced or compulsory labour in all its forms within the shortest possible period.” 20 The 1973 ILO Minimum Age Convention is designed to prevent the exploitation of child labor and to provide for education of children.

Albeit comprehensive documents, these two

conventions do not provide implementation advice for states that allow slavery because they are in such poverty that their economy cannot support eradicating forced labor without first eradicating some degree of poverty in their nation. In essence, in order to stop the exploitation of people, it is first necessary to address the causes of poverty so that the slave economy can become obsolete. In 1995, the UNHCHR passed a resolution condemning the trafficking of women and girls and calling upon member states to prevent such activities. 21 Similar resolutions have been passed regarding various forms of slavery, but little has been done to actually implement such efforts. The covert nature of many of these issues makes them extremely difficult to truly address. A Working Group on Contemporary Forms of Slavery was established by the UNHCHR in 1975 to monitor the global application of UN slavery conventions and resolutions, as well as to review the current situation of modern slavery in different regions of the world. The Working Group also makes recommendations on appropriate actions to take to eradicate slavery. One recent suggestion was for products 20

UNHCHR, “Forced Labour Convention,” UNHCHR, http://www.unhchr.ch/html/menu3/b/31.htm (accessed March 10 2006). 21 Commission on Human Rights, “Traffic in Women,” Commission on Human Rights, http://www.unhchr.ch/Huridoca/Huridoca.nsf/2848af408d01ec0ac12 (accessed 12 March 2006).

made without the use of child labor to have a special mark certifying this fact on their tag, and that consumers should have the right to choose if they are willing to support child labor or not.22 More significantly, the Working Group called for the establishment of the UN Voluntary Trust Fund on Contemporary Forms of Slavery in 1991, which was developed to channel donations from governments and other private and public entities to assist NGOs dealing with contemporary forms of slavery and to provide legal, financial, and humanitarian aid to victims of slavery.23 As slavery continues to flourish worldwide, however, it is clear that more needs to be done to address the issue on an international level.

Current Status In recent years, contemporary forms of slavery have continued to exist throughout the world. Because it is so difficult to obtain data on many types of modern slavery, there has been little specific data available, and what data does exist is often contradictory. This is partly because human trafficking, the root of most contemporary forms of slavery, has only become a growing political priority in the past five years. 24 States often publish data as to the number of human trafficking victims in their region without providing the underlying assumptions that led them to that conclusion. One study by the International Organization for Migration found that only twelve of the twenty-five states surveyed in the European Union were able to produce accurate data on the trafficking of woman, and only seven states could provide accurate data on the trafficking of children.25

Until recently, governments have been unfamiliar with

trafficking and have thus not recorded data on such activities in their states. At the same time, many states, especially developing states, do not have the capacity to collect proper data on contemporary forms of slavery. For example, it is very difficult to collect 22

UNHCHR, “Contemporary Forms of Slavery.” UNHCHR, “Voluntary Trust Fund on Contemporary Forms of Slavery,” UNHCHR, http://www.unhchr.ch/html/menu2/9/vfslaver.htm (accessed March 11, 2006) 24 Frank Laczko and Marco A. Gramegna, “Developing Better Indicators of Human Trafficking,” International Organization for Migration, 179. 25 Ibid., 182. 23

accurate data on this process without a specific set of indicators that suggest the presence of trafficking in an area.26 Recent research, though flawed, has nonetheless produced a realization of the major areas that harbor some contemporary form of slavery throughout the world. In Latin America and the Caribbean, for example, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua were identified as source and transfer states for trafficking, while Mexico, Belize, Costa Rica, and Panama were identified as destination countries for victims.27 In Asia, no specific numbers are available as to how many victims of modern slavery there are in the region, but some human trafficking routes have been established, such as a major route from Southeast Asian states to Japan and South Korea. Debt bondage has been discovered in southern China, Japan, and South Korea. The situation in China is much more complicated. While many in China are quite poor, it is not fair to assign the implementation of trafficking solely to a poor population. China’s one-child policy has a significant affect on the process of human trafficking in China because when families are forced to make decisions regarding their children, they are increasingly choosing male babies at the expense of females. As such, the young population of China is disproportionately male, resulting in what can only be considered a ‘lack’ of women. Quite often, women are brought to China against their wills to be bought as brides, as they can be purchased for less money than local women. 28 Research on human trafficking in Europe has found that trends have shifted away from trafficking from poor nations in Asia into Europe and towards trafficking within Europe itself. Specifically, trafficking generally begins in a source country in Eastern Europe and ends in a developed Western European state. Additionally, links have been found between nations with a high prevalence of human trafficking and nations with a tradition of organized crime.29 Although there is very little information available about slavery in the Middle 26

Laczko and Gramegna 187. Langberg 134. 28 Lee 177. 29 Liz Kelly, “‘You Can Find Anything You Want’: A Critical Reflection on Research on Trafficking in Persons Within and into Europe,” International Migration 43, no. 1 (2005): 252. 27

East, in Israel between 2000 and 2003, five major research papers were published on the topic of human trafficking from East European states into Israel for sexual exploitation. 30 Data suggest that most of the women trafficked into the Middle East originated in Eastern Europe and ended up in Lebanon and other Persian Gulf states. The Middle East is also home to many trafficked domestic workers who are forced into sub-standard living and working conditions.31 Child trafficking from Southeast Asia and the Sudan in Africa to the Gulf States is a popular trend particular to the Middle East. The children are used as jockeys for camel races, a popular sport among the elite and government officials in the region. These children are packed into small rooms and denied enough rest and food so they keep their weight down and avoid slowing the camel. When the children grow too large to be useful in this vocation, they are freed and often live as illegal aliens – many do not return home to their native country because they neither know the language nor do they have any recollection of their families.32 In Africa, half of the states in the region recognize human trafficking as a problem. Trafficking for child labor and for sexual exploitation are both problems in Africa, and the root causes of such trafficking are regional conflict, unemployment, poverty, and worsening living conditions.33 Some women fall prey to trafficking by attempting to migrate in search of employment. Ghana, Nigeria, and Senegal are the major source, transit, and destination states for the trafficking of women. Children are also recruited for trafficking when their parents, out of desperation for money to survive, essentially ‘sell’ their children into the slave trade. In East Africa, women and young girls are often kidnapped from conflict zones and forced to act as sex slaves for affluent men in Gulf States. South Africa is a destination of sex trafficking from within the continent and abroad from Thailand, Eastern Europe, and China. 34 The human trafficking system in 30

Giuseppe Calandruccio, “A Review of Recent Research on Human Trafficking in the Middle East,” International Migration 43, no. 1 (2005): 274. 31 Calandruccio 278. 32 Calandruccio 280. 33 Aderanti Adepoju, “Review of Research and Data on Human Trafficking in sub-Saharan Africa,” International Migration 43, no. 1 (2005): 80. 34 Adepoju 92.

Africa is extremely complex, but at present no study has been able to concretely document it.

Recent Developments Research Based on the lack of concrete data that exists on the various contemporary forms of slavery, it is clear that thorough research is necessary. The international community has called for more studies to expose the extent to which slavery occurs around the world, offering more insight than was previously available.

In Latin America and the

Caribbean, for example, the Organization of American States (OAS), together with the International Human Rights Law Institute (IHRLI) of DePaul University, published a study called The Trafficking of Women and Children for Sexual Exploitation in the Americas, which was undertaken to provide states in the region more comprehensive information about trafficking issues than was previously available. The design of the study included collaboration with NGOs in participating states and field investigation of the trafficking of women and children through interviews and an evaluation of national legislation.35 The study met great difficulty in compiling accurate data, however, because victims of sexual exploitation in the region are believed to deny their status as victims for fear that there will be persecuted by their masters.

There are many institutional

disincentives for victims to tell the truth – for example, many states in the region have policies that criminalize victims instead of protecting them, and there is a lack programs that protect the rights of the victims.36 The study found that women and children who fell victim to trafficking often did so out of economic necessity. These individuals had minimal or no education and had a history of abuse. It is clear that more research needs to be established to better understand the causes behind trafficking in Latin America and the Caribbean, but this study represents a positive step toward effectively monitoring human trafficking. 35

Laura Langberg, “A Review of Recent OAS Research on Human Trafficking in the Latin American and Caribbean Region,” Internal Migration 43, no. 1 (2005): 131. 36 Langberg 133.

Most data that can be found on trafficking of persons in the Asian region is found from news sources or from interviews conducted by the United Nations, but no true empirical studies, such as a systematic evaluation on program interventions, have been conducted on the issue.37 The reports that are available consist of interviews with local NGOs, local law enforcement, and a small number of victims. Europe is also lacking in specific research of the actual victims of trafficking, and there is almost no documentation of how victims escape and return to their families. Studies have found counter-trafficking efforts in Europe to be under-staffed and under-researched, and support for escaped victims of human trafficking comes largely from NGOs, with a small amount of funding from national governments.38 Excluding Israel, almost no comprehensive studies exist on human trafficking in the Middle East. The majority of information about trafficking in the rest of the region comes from press coverage and secondary sources, rather than specific field studies. Clearly, much more research must be conducted in the Middle East to fully understand the root of the problem in the region. Although it is known that the system of trafficking in persons is extremely evolved and complex in Africa, little research is available about the actual system. This lack of research stems from ignorance and indifference on the issue of human trafficking – many states lack the legal system to prevent trafficking, and many others do not recognize the extent to which it occurs.39

Real Progress Against Slavery Most states in the developing world, where contemporary slavery is most prevalent, do not have the means or the incentive to conduct comprehensive research studies about slavery in their region. At the same time, many of these states do not provide witness protection or immunity for victims of trafficking who speak about their experiences. This leads to a shortage in the documentation of victims, because they are afraid to come forward and admit in what they have been involved, for fear of being 37

June J.H. Lee, “Human Trafficking in East Asia: Current Trends, Data Collection, and Knowledge Gaps,” International Migration 43, no. 2 (2005): 170. 38 Kelly 255. 39 Adepoju 90.

criminalized.40 Some definite progress has been made in making governments more aware of the problems and the necessity of research on the issue of slavery. In the past five years, the United States has become particularly active in researching human trafficking through the Trafficking in Persons Report (TIP Report), which highlights the states and regions that the United States Department of State has determined are home to the most human trafficking, and discusses government action taken by such states. 41 Like most reports on human trafficking, the TIP Report is often criticized for the lack of concrete methodology behind the report, but it is still a valuable oversight of international trafficking in persons. The TIP Report has exposed major areas of concern throughout the world and, in some cases, has caused states to respond to the problem.

For example, after the first

Trafficking in Persons Report was published in 2001, South Korea was outraged by its negative portrayal as a state that did little to avert sexual exploitation without meeting minimum standards to protect trafficking victims.42

In response, the government

conducted a widespread survey which found that the state’s sex industry generated $22 billion in revenues. This led the South Korean government to pass the Prostitution Victims Prevention Act in March 2004, which heavily criminalizes the work of the “middle-men” in the sex industry, and seeks to thwart illicit human transit. 43 Several states in the Middle East have taken action against various forms of slavery. In March 2004, Egypt, Israel, Lebanon, Saudi Arabia, and Syria ratified the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. Egypt, specifically, explicitly prohibits sex trafficking and is actively trying to monitor and document all activities of agencies involved in this practice. 44 In Kuwait, some one hundred men were arrested for their involvement in sex worker rings in 2002 in response to a government crackdown, and the Kuwaiti Camel Racing Club mandates a 40

“Trafficking in Persons Report,” 158. “Trafficking in Persons Report,” U.S. Department of State, 2005. 42 Lee 188. 43 Lee 189. 44 Calandruccio 281. 41

minimum age of eighteen for camel jockeys.45 In Qatar, the issue of camel jockeying has been made part of an ongoing public awareness media campaign, and the Qatari government organized a twenty-four-hour hotline to offer advice to abused women and children.46 European nations have begun to develop Plans of Action to combat human trafficking, but such efforts lack detailed timelines and clear strategies necessary to achieve the goal of ending such crimes. Support for freed victims of trafficking is funded only minimally by European states, and there are only three reintegration centers for freed victims of sexual exploitation who wish to return to their native state. 47 In recent years, European states seem to be making positive efforts to achieve real progress: in July 2004 the United Kingdom enacted legislation criminalizing all forms of human trafficking for exploitation and has taken steps to improve its information-gathering of statistics on human trafficking.48 Nations in Eastern Europe, such as Moldova, that are significant sources of human trafficking in the region, show progress in attempting to end such trafficking, but they lack the resources to entirely eliminate the practice. NGOs have taken a leading role in working with governments to eradicate slavery. Anti-Slavery International is the leading NGO on the issue of modern slavery. Specifically, Anti-Slavery International has a three-pronged “Trafficking Programme,” including: lobbying to end human trafficking, campaigning for protection of trafficking victims, and research into government actions on protection of trafficking victims, especially witness protection.49 Anti-Slavery International also conducted a two-year study, concluded in 2002, entitled Human Traffic, Human Rights: Redefining Victim Protection.

This comprehensive report examines the measures the governments of

Belgium, Colombia, Italy, Netherlands, Nigeria, Poland, Thailand, the United Kingdom, Ukraine, and the United States have taken to protect victims of human trafficking. The 45

Calandruccio 283. Calandruccio 284. 47 Kelly 254. 48 “Trafficking in Persons Report,” 222. 49 Anti-Slavery International, “Trafficking,” Anti-Slavery International, http://www.antislavery.org/homepage/antislavery/trafficking.htm (accessed March 10, 2006). 46

report also contains specific recommendations for these states to further their victim support programs.50

Key Positions The United States and Canada The United States has taken an active stance against contemporary forms of slavery, especially human trafficking. The State Department’s TIP Report represents a significant effort to research and expose human trafficking abroad. While the United States does not include itself in its report, the report does concede that between 1,500 and 2,200 people per year are trafficked into the U.S. through Canada. 51 The United States has passed the Trafficking Victims Protection Act of 2000 and the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act of 2003, which provide tools to combat human trafficking and strengthen the law enforcement’s ability to prosecute those guilty of sexual exploitation of children. Between 2001 and 2004, the United States increased its investigations into human trafficking by more than three times, from 106 investigations in 2001 to 340 in 2004.52

Canada has strong anti-

trafficking laws, but is weak in enforcing these laws. Canada also has a strong public awareness campaign against human trafficking and has pledged to do a joint trafficking session with the United States to enhance cross-border cooperation. 53

Latin America and the Caribbean Latin America and the Caribbean are among the most under-researched and underfunded regions in terms of human trafficking. Many states within the region have only recently publicly admitted that human trafficking exists in their state, and most states that do accept this fact often only acknowledge sexual exploitation and ignore the problem of forced labor in their state. 54 States need to engage in much more research and monitoring 50

“Human Traffic, Human Rights: Redefining Victim Protection,” Anti-Slavery International, 2002. Ibid., 29. 52 Ibid., 239. 53 Ibid., 80. 54 Langberg 136. 51

of human trafficking of all forms within their state, but the recent OAS study is clearly a step in the right direction for the region. Some states, including Argentina, Brazil, Costa Rica, and Mexico, are publicly concerned about internal trafficking in persons and have begun to address the situation.55 Mexico is both a source and destination state for human trafficking for both sexual exploitation and forced labor. Although Mexico is making an effort to reduce trafficking in persons within its borders, the lack of resources and corruption within its security services have prevented significant progress.56

Europe Studies of human trafficking in Europe demonstrate a migration trend of victims being sent from Central and Eastern Europe toward Western Europe.

Throughout

Europe, however, law enforcement charged with combating human trafficking is understaffed and lacks the appropriate resources to deter forced migration. The Plans of Action against human trafficking that European nations have developed in recent years are indicative of a European stance against human trafficking, but the lack of funding for these plans inhibits real progress. Legislation enacted in the United Kingdom in 2004 criminalizing all forms of human trafficking can be seen as model legislation for the region, and if enforced may represent a much stronger stance against slavery than has been seen in the past.

Eastern European nations such as Moldova have shown

willingness to end human trafficking, but as poor, developing nations, they lack the necessary financial resources to do so. At the same time, the lack of witness protection in many of these Eastern European nations severely inhibits accurate research in the region, because it does not alleviate victimsâ&#x20AC;&#x2122; fears of talking about their experiences.

The Middle East The Middle East harbors some of the worst forms of modern slavery, and is most notable for its enslavement of trafficked children to work as camel jockeys. The region suffers from a lack of research and data on trafficking within the region. Certain nations, however, are beginning to take steps to address this situation. The protocol against 55 56

Ibid., 137. â&#x20AC;&#x153;Trafficking in Persons Report,â&#x20AC;? 157.

human trafficking signed by Syria, Egypt, Israel, Lebanon, and Saudi Arabia represents the governments’ willingness to accept that human trafficking exists, and their willingness to take steps to eradicate this problem. Kuwait and Qatar’s efforts to reform the practice of enslavement of children as camel jockeys demonstrate a desire to achieve real reform, whereas in the past such states denied that these problems existed at all. Although these are clearly steps in the right direction, the Middle East as a whole needs to undergo thorough research into its human trafficking and labor exploitation problems and enhance its enforcement policies against offenders so that real progress can be achieved.

Asia As previously discussed, Asia harbors several contemporary forms of slavery, including debt bondage in rural areas of South Asia and widespread human trafficking. Several states in South Asia, including India and Nepal, have legislation against labor exploitation, but the enforcement of these laws has not reached the rural areas of the states in which the problems are most prevalent. Many states in East Asia have been criticized for not attempting to gather significant research on slavery issues, including Japan, South Korea, and China. After cracking down on human trafficking in the early 1990s, China has not devoted enough time or resources in recent years to continuing the eradication of such trafficking. As much human trafficking is believed to occur within the boundaries of China, the government has been reluctant to allow outside agencies such as NGOs to research and provide relief programs. 57 Japan has been extremely reluctant to fully acknowledge the problem of human trafficking within its borders. 58 Although in 2004 the Japanese government improved efforts to protect trafficking victims and to raise public awareness, it has done little to lessen demand for the large number of women and children that are trafficked into Japan from Asian, Latin American, and Eastern Europe for the purpose of sexual exploitation. 59 South Korea 57

Lee 186. Lee 187. 59 “Trafficking in Persons Report,” 132. 58

conducted widespread research into human trafficking problems in the state and responded with legislation against forced prostitution. China, South Korea, and Japan illustrate the great effect the willingness of a government to acknowledge and act on the issue of slavery has on the potential to make progress towards its eradication.

Africa Africa is a diverse and complicated web of human trafficking and smuggling. 60 Due to intensive media campaigns and advocacy by NGOs in Africa, African politicians have taken an interest in the area of human trafficking. For example, Mali’s 2000 National Emergency Action Plan, enacted as an attempt to hinder child trafficking efforts across the border is a definite step toward government accountability and willingness to reform. Similarly, the Nigerian National Trafficking in Persons Law Enforcement and Administration Act shows a commitment to improving human rights through the eradication of slaver. Other nations, including Ethiopia and South Africa, have also made efforts to protect victims of trafficking and punish their offenders. 61 Ultimately, however, greater research is needed to firmly establish the root causes of human trafficking in Africa.

The Media The media offers almost no coverage on contemporary forms of slavery. This is not surprising, as the issues are only now coming to the forefront of international politics. The Xinhua News Agency in China is the media source that most consistently covers the issue of slavery in Asia. The agency takes a negative stance toward human trafficking; for example, one article reports about a judge from the Philippines who called for governments “to eliminate structural factors that push women into trafficking networks, such as poverty and gender discrimination in employment.” 62 This article was written in 2004, however, and is the most recent Asian article available on common media databases. The Middle East, European, North and South American, and African media 60

Adepoju 92. Ibid., 95. 62 “Human trafficking Remains Serious Problem in Philipines,” Xinhua News Agency, Lexis-Nexis Academic, 2004. 61

also report negatively on the conditions of slavery, but again, these articles are scant, occurring only a few times a year, demonstrating how little public attention this problem receives, and may suggest that governments sometimes intentionally try to hide any research or news they discover from the press, so as not to hurt the image of their state.

Non-Governmental Organizations Non-governmental organizations are instrumental in aiding in the eradication of contemporary forms of slavery. Anti-Slavery International is one of the most wellknown NGOs specifically devoted to the cause of ending slavery throughout the world. Anti-Slavery International works with local and state NGOs to promote programs for victims of human trafficking and to pressure governments to enact policies for the research and stamping out of slavery in the area. Anti-Slavery Internationalâ&#x20AC;&#x2122;s threepronged anti-trafficking plan can be applied to any nation in which human trafficking is a problem. The organizationâ&#x20AC;&#x2122;s in-depth studies into trafficking and other forms of slavery can be used as a model for states to conduct research themselves. States that do not have the means to conduct their own research can utilize NGOs to compile accurate and relevant data that can then be used to address any problems that may arise from the findings. Other NGOs, including Human Rights Watch and Amnesty International, have made similar reports and are also actively trying to assist governments in ending contemporary forms of slavery.

Business Interests The primary business interest involved with contemporary forms of slavery is that of human trafficking. This is an underground business; therefore making it is difficult to obtain information about the highly covert practices of human trafficking as an industry. It is clear, however, that such trafficking is a highly lucrative business; in Japan, for example, the sex trade is estimated to have earned eighty-six billion dollars in 2004 alone.63 As previously mentioned, states with a large amount of organized crime tend to have a larger sex trade industry â&#x20AC;&#x201C; this may suggest that organized crime is involved with 63

Lee 187.

running part or all of the human trafficking for sexual exploitation industry. Additionally, government corruption has been found to be the strongest indicator of the presence of a strong sex trade industry in a state. This may demonstrate that some governments are involved with the human trafficking problems in their nations. 64 However, there is no conclusive evidence that establishes any of the above with any certainty. At the same time, it is important to realize that if the sex industry is entangled with government affairs, it is much harder to eliminate the industry. Presently, the human trafficking industry is booming, and without much more involved action by states around the world, it shows little signs of dying anytime in the near future.

Bales 139.

Summary Contemporary forms of slavery exist all over the world.

Some of the most

prevalent forms of slavery today are child labor, debt bondage, and sexual exploitation. It is becoming increasingly evident that human trafficking is at the root of all of these issues. Human trafficking has caused slavery to become a transnational issue that cannot be dealt with by individual states.

The United Nations and International Labor

Organization have passed conventions and resolutions condemning slavery and urging states to eliminate all forms of it within their borders, but many states do not have the means to undertake such an enormous task on their own. The covert nature of contemporary forms of slavery makes it an extremely difficult topic to research.

Unfortunately, research is absolutely critical to making

progress towards the eradication of slavery in the modern world.

Studies need to

discover the underlying causes of slavery in the different regions of the world so that solutions can be aimed at the root causes of slavery rather than the surface effects. Victims of slavery often end up enslaved because they are in a state of deep poverty and are extremely vulnerable. Human trafficking, a major problem across the globe, lures in vulnerable women by promising them jobs in a new country, the chance to start a new, better life, only to subject such women to sexual exploitation or a vicious cycle of debt bondage. Child labor also stems from extreme poverty; in some cases, parents are forced to give up their children just to have enough money to survive. Many states have made progress in the last six years towards enacting legislation against trafficking and protecting victims. This represents the very beginning of a long process towards eliminating contemporary forms of slavery.

The international

community must hold every state accountable for continuing to make real progress and enforce their policies against slavery. The dilemma that needs to be solved is how to expose contemporary forms of slavery, how to establish the causes of such slavery, and how to address these causes so as to permanently eliminate the many forms of slavery that exist all around the world. Ultimately, achieving real progress against contemporary

forms of slavery must involve action by the international community to work together and enforce anti-slavery policies. Individual state action can no longer suffice to control modern slavery problems, as human trafficking continues to spread slavery throughout the world.

Discussion Questions • Why is it so difficult to research the prevalence of contemporary forms of slavery? What can be done to enable states to collect accurate data? Why is this data vital to eliminating such forms of slavery? • Why do many victims of human trafficking refuse to talk about their experiences? Why is it so important for them to be able to talk about them, and what can be done to encourage them to do so? • Do you think public accountability and public image can successfully be used in to cause governments to create legislation to stop traffickers? If so, how can this tactic be implemented to encourage all states to take real action on the issue? • Do you think the main problem is that states do not want to address contemporary forms of slavery or that they do not have the resources to do so? Either way, what can be done at an international level encourage states to take real action? • Why is it so easy to lure women into human trafficking for sexual exploitation? Do you think it is important to work on changing this or do you think simply cracking down on the sex trade itself will be sufficient? • Do you think it is important to understand the demand for the sex trade as well as the causes of it? Is it a feasible solution to the problem of human trafficking to diminish demand for the sex trade, rather than simply attempting to stop the logistical process of trafficking? If so, how can such a demand be extinguished?

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