Trafficking in Persons: Causes and Effects on the International Community by Warsaw Institute

— SPECIAL REPORT —

2024/01/30

TRAFFICKING IN PERSONS: CAUSES AND EFFECTS ON THE INTERNATIONAL COMMUNITY JOANNA SIEKIERA, PHD

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Numerous myths surround the challenging issue of human trafficking, a problem that profoundly impacts fundamental human rights, freedom, and dignity. The issue is concerning because there is a significant chance that we have come across a victim of this illegal and inhumane practice at some point. However, guided by general and selective knowledge, many of us have neglected to take action and offer assistance to those in need. When questioned about the perpetrators and victims of human trafficking, many individuals often depict a complex scenario involving illegal prostitution in Europe or illicit organ trafficking in the Indian subcontinent. Nevertheless, this portrayal is only accurate to a limited extent. The majority of human trafficking victims are identified in the countries of which they hold citizenship. This holds true even in Poland, within our local communities, in factories, and on farms. The number of detected domestic victims has increased over the last fifteen years, indicating the profitability of this illegal business. However, the efforts to combat it through systemic solutions at the national and international levels remain insufficient. Another prevalent myth in our European society is the assumption that human trafficking is solely driven by poverty. This misconception leads to the belief that it primarily occurs in low-income countries where a significant portion of the population lives below the poverty line. That is not the case. Beyond trafficking on a national and regional scale, affluent countries serve as the destinations for the detected victims of human trafficking––while it is challenging to reliably estimate the undetected cases. For instance, Western and Southern Europe, alongside countries in the Middle East, observe a significant percentage of human trafficking victims originating from other regions.

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Palermo Protocol The Protocol to Prevent, Suppress, and Punish Trafficking in Persons Especially Women and Children (the Palermo Protocol), supplementing the United Nations Convention against Transnational Organized Crime, was adopted by the General Assembly of the United Nations on November 15, 2000. Crucially, from an international law standpoint, the Protocol was adopted within the organization through General Assembly Resolution No. 55/25. It later entered into force as the world’s first legally binding instrument in the fight against trafficking in persons on December 25, 2003.1

According to Article 2, the purposes of this Protocol are: (a) to prevent and combat trafficking in persons, paying particular attention to women and children, (b) to protect and assist the victims of such trafficking, with full respect for their human rights; and (c) to promote cooperation among States Parties to meet those objectives. As per Article 3 of the Protocol, “trafficking in persons” shall mean the recruitment, transportation, transfer, harboring, 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

1. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted by the General Assembly of the United Nations on November 15, 2000. (Dz.U. of 2005, No 18, item 160).

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of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude, or the removal of organs.

As of now, the Palermo Protocol boasts 177 countries as signatories, with a total of 181 countries and one international organization (the European Union) being parties to the agreement. Notably, Congo and Uganda have signed the protocol but have yet to ratify their respective legal orders. In adherence to the international law principle of state sovereignty, several entities have chosen to assert their own reservations regarding the validity of the agreement2.

Elements of human trafficking Three fundamental elements of human trafficking can be discerned to provide a clearer understanding of the mechanisms behind this illicit phenomenon and those that might facilitate efforts to counteract it. These encompass the act, the means, and the purpose. The act pertains to the specific actions or events that took place. Trafficking in persons involves the recruitment, transportation, delivery, or acceptance of an individual or a group of people. The process must necessarily involve the engagement of third parties in the “logistics” or “forwarding” of individuals. The means by which human trafficking is executed involve the use of threats, force, fraud, abduction, abuse of power, or any other form of coercion. Finally, the purpose signifies the reasons or motives behind the practice. THE UNDERLYING MOTIVE BEHIND HUMAN TRAFFICKING ALWAYS INVOLVES THE EXPLOITATION OF ANOTHER HUMAN BEING, encompassing ac-

tivities such as prostitution, forced labor, slavery, or other forms of servitude3. At this juncture, it is crucial to highlight a significant distinction between human trafficking and the smuggling of migrants. While both phenomena have a long history, the contemporary humanitarian crisis in Europe has merged them, providing lucrative gains to criminals—comprising both human traffickers and smugglers, who are increasingly becoming the same. Although not a strictly scientific or analytical distinction, this differentiation directly impacts the operations of state authorities, particularly law enforcement agencies. In cases where the victims of human trafficking come from abroad and are considered stateless or lack proper documentation (without dismissing the deliberate deprivation of documents by the individuals or those involved in their “forwarding”), state officials often mistakenly assume that they are dealing with an illegal migrant. The initial presumption that a person

2. Cf. United Nations Treaty Collections, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, New York, November 15, 2000: https://treaties.un.org/Pages/ ViewDetails.aspx?src= TREATY&mtdsg_no= XVIII-12-a&chapter=18 (accessed: January 9, 2024). 3. The author acquired this knowledge through certified NATO courses (Combatting Trafficking in Human Beings; Human Trafficking: Causes, Consequences, Counter-Strategies; Children and Armed Conflict).

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is not a victim of the crime of human trafficking is often followed by another––erroneous–– assumption that the criminal responsible for smuggling migrants is merely a “smuggler,” rather than a human trafficker. This misjudgment downplays the seriousness and criminality of the act. Therefore, the start of legal processes for human trafficking is frequently abandoned, causing delays in procedures, prolonged suffering for victims, and allowing criminals to continue their exploitation without facing consequences.

In essence, differentiating between human smuggling and human trafficking boils down to a few key factors. First, it is about crossing borders: smuggling happens when people cross state borders, while trafficking can occur within a single state. Second, it involves consent: smuggling occurs when someone willingly wants to leave their state, but trafficking lacks this voluntary element. Lastly, the exploitation of individuals and the deprivation of their dignity are exclusive to human trafficking. People being smuggled often seek a better life by moving to a new location.

Forms of human trafficking as delineated in the UNODC report The most widely recognized forms of human trafficking are forced labor, predominantly affecting men and prostitution, primarily impacting women. However, this portrayal is merely the tip of the iceberg. Indeed, based on the 2022 report presented by the United Nations Office on Drugs and Crime (UNODC), these two forms of trafficking, targeting the appropriately indicated gender, remain predominant across all latitudes 4. The document spans 141 countries, offering a comprehensive overview of human trafficking patterns and routes at the global, regional, and national levels. The worldwide decrease in convictions for human trafficking, which has been on a decline since 2017, was further exacerbated during the COVID-19 pandemic. In terms of gender, which remains a distinguishing factor both biologically and in the cultural roles assigned to women and men in a given

society, the overwhelming majority of human trafficking victims worldwide are women— comprising as much as 46 percent of all cases. Of the reported cases, 20 percent involve male victims, 19 percent concern girls, and 15 percent pertain to boys––as per Article 3d of the Palermo Protocol, in both cases, “child” shall mean any person under eighteen years of age. Fifty percent of the detected cases of human trafficking are related to sexual exploitation. This category encompasses a broad range of illegal services, with prostitution being one of them. However, it does not exhaust the spectrum of sexual crimes that exploit victims and violate their dignity. Forced labor secured the second position, accounting for 38 percent of the detected cases of human trafficking. Following those, criminal activities such as robberies, extortion, influencing testimony before law enforcement authorities, or engaging in corrupt activities accounted for 6

4. United Nations Office on Drugs and Crime: https://www.unodc.org/unodc/data-and-analysis/glotip.html (accessed: January 9, 2024).

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United Nations, unodc.org

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percent. Begging occupied the fourth position with 1.5 percent, forced marriages were in fifth place with 1 percent, and mixed forms involving forced physical labor and the provision of sexual

services constituted 1 percent. Activities such as the sale of newborns, organ removal, and others/ unknown fell below the percentage threshold5.

Factors influencing the duration of the procedure According to the International Labour Organization (ILO), an estimated 40.3 million people were victims of modern slavery in 2016, with 24.9 million people in forced labor and 15.4 million people living in a forced marriage to which they had not consented. Simply, to highlight the extensive scale of the phenomenon, there are 5.4 victims of modern slavery for every thousand people in the world. One in four victims of modern slavery were children. Of the 24.9 million people, an estimated 16 million people are in forced labor in the private economy: in agriculture, domestic work, or manufacturing. Later on, a staggering 4.8 million individuals are victims of sexual exploitation, while another 4 million are forced into labor for state authorities6. The crime of trafficking in human beings involves a cold and calculated element akin to a “trade” – a form of business or economic activity centered on earning money, maximizing profits, maintaining and expanding market position, gaining an advantage over competitors, and acquiring customers. This is all driven by an unyielding and insatiable pursuit of economic gain. The same economic motives and principles apply in the case of human trafficking as well. Traffickers generate tens of billions of dollars in earnings

every year. It is only in recent years that human trafficking has been recognized as a significant issue in global security. The success of an anti-trafficking strategy hinges on a comprehensive understanding of the root causes behind trafficking in persons. In various regions of the world, multiple factors contribute to the rise in human trafficking rates. These factors are influenced by the characteristics of the societies involved, including their demography, level of education, economic status, technological development, and legal culture, which encompasses protected values such as human life and dignity. Indeed, poverty remains one of the most prevalent and compelling reasons why individuals become victims of human trafficking. Within this category, a specific type known as female poverty or the feminization of poverty is identified. This involves a significant exacerbation of inequalities in the standard of living between men and women, primarily due to their social roles, restricted access to education, hindrances or even prevention of gainful employment, and limitations on self-determination in marital status or having children. In various cultures, women’s status remains low, leading to their reduced value within family, tribal, and community settings. Another contributing factor to the escalating phe-

5. ”Others/Unknown” is provided as an option for victims who, when reporting a crime, are hesitant to disclose details about both their tormentors and the nature or location of their forced stay and work. 6. International Labour Organisation, Forced labour, modern slavery and human trafficking: https://www.ilo.org/global/topics/forced-labour/lang--en/index.htm (accessed: January 9, 2024).

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nomenon of human trafficking is the substantial global demand for the sex industry, which encompasses the disturbing exploitation of children for sexual purposes. The third factor in forced sexual labor is the high demand for inexpensive labor. As mentioned earlier in this work, illegal labor is exploited not only in households, rural areas, construction sites, and tailoring plants but also in the public sector, including mines, steelworks, shipyards, and other industries. Therefore, the fourth factor involves an increased demand for male children, which is linked to the trafficking of male newborns and, unfortunately, may also lead to the tragic outcome of murdering female infants. The genocide of female newborns, a reprehensible practice, is unfortunately deemed acceptable in certain cultural circles7. Another reason is linked to specific social habits accepted in particular cultures. Is it about the demand for children’s animations or children’s sports, where camel jockeys are the prime example8. Nevertheless, it is essential to acknowledge that poverty remains the primary root cause of human trafficking. Poverty itself stems from various factors, each of which serves as an additional incentive for the perpetuation of this dreadful phenomenon, as highlighted by international organizations. These circumstances involve scarce employment opportunities or even a complete lack thereof, particularly in areas affected by armed conflict or devastating natural disasters. In

such instances, the governments of failed or collapsing countries struggle to improve the quality of life or provide citizens with essential care, including access to health care and education. Here, we encounter another cause of human trafficking: a low level of education, often accompanied by limited literacy, particularly among women. Finally, a distinct factor is emphasized: the traditionally subservient role of women, prevalent in many societies where women may not even be aware that an illegal act is being perpetrated against them. With the image of her inferior social role ingrained in her consciousness, she may not perceive the tragedy of the situation in which she finds herself. Criminals involved in human trafficking frequently exploit this sense of helplessness as a central element in their tactics. As per the UNODC report, victims become targets when they are in a more vulnerable state. Human traffickers intentionally exploit the difficult living conditions of their prospective victims, capitalizing on their desperate need for income. These motives are primarily rooted in economic needs (51 percent), stemming from children in dysfunctional families (20 percent), emotional relationships with traffickers (13 percent), mental illness or behavioral disorders (10 percent), migrant status (10 percent), children without parental care (9 percent), limited education or knowledge of a foreign language (6 percent), and physical disability (3 percent).9

7. Cf. J. Siekiera, Polityka jednego dziecka w Chinach a ludobójstwo dziewczynek, „Fundacja Instytutu Prawa Ustrojowego”: https://ipu.org.pl/polityka-jednego-dziecka-w-chinach-a-ludobojstwo-dziewczynek-dr-joanna-siekiera/ (accessed: January 9, 2024). 8. Caritas, Pakistan’s Child Camel Jockeys Get a Fresh Start: https://www.caritas.org/2010/06/pakistans-child-camel-jockeys-get-fresh-start/ (accessed: January 9, 2024). 9. United Nations Office on Drugs and Crime, op. cit.

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Push and pull factors The term push and pull factors was coined to define the motives that cause, increase, and sometimes motivate the occurrence of human trafficking. Push factors signify the circumstances that compel individuals to leave their homes or states, presenting a complete and often tragic picture of the individual and the social situation that drives a person to seek an alternative path. Conversely, pull factors are the conditions that inspire, attract, and instill hope for an enhanced existence. Hence, the pull factor relates to the country to which the person is moving through forced relocation. What factors contribute to the perpetuation and participation in human trafficking? As mentioned earlier, people in their countries of origin frequently confront socio-economic challenges, including limited opportunities to earn a livelihood. Limiting legal migration while simultaneously encouraging employment opportunities abroad exposes current or potential migrants to exploitation by smugglers and traffickers who promise an improved life. Violent conflicts, exemplified by the wars in Bosnia and Kosovo during the 1990s, have been especially conducive to, and continue to foster, human trafficking. Traffickers exploit conditions of state weakness, chaos, and social disintegration prevalent in conflict zones10. Pull factors, categorized into social, economic, and political aspects, stand out among the contributing elements. Pull factors of a social nature comprise various elements, including the aspiration to reconnect with family members

residing in another country or region. Additionally, these factors encompass heightened prospects for forming romantic partnerships or getting married, which remains pertinent even in post-war regions where women may encounter challenges in finding a spouse. This is particularly relevant for men who have served in military operations, as their fiancées may have married someone else in their absence. Other significant social pull factors include employment opportunities and the promise of improved living conditions. Economic factors encompass a diverse array of elements, including abundant job opportunities, the promise of enhanced living conditions, access to education for the acquisition or expansion of knowledge, and preparation for a chosen profession. Additionally, economic factors involve the presence of industries that offer employment and social care services, along with improved or available medical care, all collectively contributing to the establishment of economic security. Lastly, political factors are considered, encompassing freedoms of a political, philosophical, and religious nature, along with the assurance of legal protection. It is noteworthy that human traffickers frequently idealize the prospective destination to which individuals are promised to go. Individuals who become victims of human trafficking often originate from impoverished socio-economic conditions and endure violence within their homes or places of residence. In these dire circumstances, the choice to escape their previous life may seem like a rational decision—a final opportunity for the pursuit of a better existence.

10. Balkan Insight, Wartime Sexual Violence in Bosnia: The Human Trafficking Connection: https://balkaninsight.com/2020/12/31/wartimesexual-violence-in-bosnia-the-human-trafficking-connection/; Council of Europe, Preventing and Combating Trafficking in Human Beings in Bosnia and Herzegovina: https://www.coe.int/en/web/sarajevo/preventing-and-combating-trafficking-in-human-beings-in-bosnia-andherzegovina (accessed: January 9, 2024).

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Armed conflicts Armed conflicts heighten the vulnerability of individuals to becoming victims of human trafficking through various means. The absence of state stability, widespread chaos, and ineffective law enforcement agencies collectively foster an environment conducive to the formation of criminal groups. These groups operate both within and outside armed factions, particularly in post-war areas. Countries with undemocratic governments, often plagued by corruption and lacking the necessary financial and personnel resources to combat crime, create favorable conditions for traffickers to engage in inhumane yet lucrative activities. The tragic post-war situation is further compounded by the mourning of those lost during armed conflicts, heightening vulnerability

and making affected populations more susceptible to seemingly benevolent offers from human traffickers. Certain armed groups, irrespective of whether they operate within the official structures of a state’s armed forces or function as rebel or partisan groups, may exploit civilians for their own objectives11. We are primarily discussing instances of human trafficking, focusing on sexual exploitation, including the trafficking of children. Additionally, there are cases of forced marriages aimed at producing the next generation of fighters or soldiers. Furthermore, human trafficking is evident in armed conflicts, where individuals are coerced into various forms of forced labor such as serving as couriers, porters, cooks, paramedics, and more.

Consequences of human trafficking It is crucial to explicitly state and underscore that human trafficking has profound consequences for individuals, their families, societies, and ultimately, political structures, including states, regional, and global intergovernmental and non-governmental organizations. The humanitarian consequences are the most widely publicized and apparent, as they pertain to the violation of human dignity, frequently involving the deprivation of both physical and mental health, and, tragically, loss of life. The societal consequence lies in the interconnected relationship between human trafficking and

criminal activities. Human trafficking contributes to the destabilization of fragile societies, fostering issues such as corruption and nepotism. Additionally, there is a considerable risk that human trafficking will supply terrorists and rebels with substantial revenues, supporting their armed groups and securing logistical capabilities, including roles such as cooks, porters, paramedics, and more. Victims of human trafficking endure a range of physical, psychological, and sexual violence. Numerous victims of human trafficking not only endure degrading treatment but also face brutal

11. UNODC, Global Report on Trafficking in Persons 2018, Trafficking in Persons in the Context of Specific Armed Conflicts, Booklet 2 (United Nations publication, Sales No. E.19.IV.2), pp. 23-24.

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UN Photo, Martine Perret

physical abuse, torture, limb or organ deprivation, and even murder. The premature collection or destruction of identity documents often renders it impossible to ascertain the identity of the victim, hindering efforts to inform loved ones about their discovery and the fate of their family members. The heightened risk of sexual abuse and the coercion of individuals into forced labor or sex work also increases the threat of sexually transmitted diseases, including the potential for irreversible infertility or deliberate, forced, and illegal sterilization12. Beyond concerns related to sexually transmitted diseases, there is a lack of attention to the overall sexual health of abused women. This oversight is linked to the ease, speed, and low cost of replacing an ailing victim with another individual. As a

result, unintended pregnancies are common, which gives rise to concerns about the health and care of the newborn, even though their fate may already be predetermined. Abortions are often carried out in non-sterile conditions, negatively impacting the health and, in some cases, the lives of women involved. The trauma and depression experienced by girls and women are profoundly distressing, serving as another significant factor compelling some of them to contemplate or commit suicide. Limited or, more accurately, the absence of access to primary health or legal care constitutes another form of physical and psychological violence employed by human traffickers against their victims. Work-related accidents resulting from overwork and irregular working hours

12. Cornell Law School, Legal Information Institute, Women and Justice: Topics: Forced and early marriage, Forced sterilization, Gender violence in conflict, International law, Sexual violence and rape, Statutory rape or defilement, Trafficking in persons: https://www.law.cornell.edu/women-and-justice/topic/forced_sterilization; Organization for Security and Cooperation in Europe (OSCE), Summary Report of the OSCE/ODIHR Conference on Forced and Coercive Sterilization of Roma Women: „Justice and Reparations for Victims” in the Czech Republic: https://www. osce.org/odihr/sterilization_report (accessed: January 9, 2024).

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pose common yet often unreported threats to the health and lives of victims. The lack of reporting further hinders law enforcement authorities in apprehending the perpetrators. Human traffickers employ threats and coercion to dissuade their victims from reporting instances of compromised health or accidents during forced labor, even in cases involving serious medical procedures. Furthermore, these threats extend beyond the victims to include their families, creating a dual barrier that discourages reporting of human trafficking incidents to state authorities or international organizations. Lastly, it is essential to highlight the psychological pressure that traffickers impose on their victims. It may involve the imposition of real

or imaginary debts on the victims. In many instances, criminals stipulate a debt in the guise of repaying substantial costs related to assistance, transportation, or smuggling across borders, subsequently irrationally inf lating the owed amount. The debt mechanism transforms into a virtually insurmountable obstacle, making it exceedingly difficult for victims to settle their obligations. In cases involving sexual abuse, traffickers may propose selling the victim’s spouse to another client or even to themselves as a means of settling the financial arrangements with the victim. However, this process is flawed, and what is purported as a debt repayment leads the debtor to become a victim of the crime of forced marriage13.

Conclusions Human trafficking constitutes a profound tragedy, affecting not just the victims and their families but the broader society as well. It not only highlights the inadequacy of effective legal and institutional solutions but also underscores a lack of fundamental knowledge and empathy. Ignorance contributes to a failure to inquire whether individuals engaging in begging are coerced through conditions of forced labor, hunger, explicit threats of force, or physical and sexual violence against them or their loved ones. The same lack of awareness applies to brothels, where female employees or sex workers, frequently below the age of 18, may be subjected to exploitative conditions.

As indicated by international reports from organizations, cited by the author in this analysis, such as the UN, the ILO, NATO, the OSCE, and the Council of Europe, the practice of human trafficking is not a relic of a bygone era but has significantly evolved over the last dozen or so years. The prevalence of human trafficking remains a common phenomenon as long as criminal groups, whether organized or individual, continue to profit from exploiting people through extortion, capitalizing on the demand that drives the trade. Certainly, these criminal groups would not be able to operate without customers.14 Myths further complicate the dissemination of accurate knowledge about human trafficking, undermining authentic and effective assistance to its victims.

13. N. Jain, Forced marriage as a crime against humanity, „Journal of International Criminal Justice” 2008/6, pp. 1013-1032; Child, Early and Forced Marriage, A Multicountry Study: A Submission to the UN Office of the High Commissioner for Human Rights (OCHCR), December 15, 2013. 14. See: H.J. Clawson, N. Dutch, Case Management and The Victim of Human Trafficking: A Critical Service For Client Success, U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation, 2006; A. Di Nicola, A. Cauduro, M. Lombardi, P. Ruspini (eds.), Prostitution and Human Trafficking: Focus on Clients, Springer 2009.

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Author: Joanna Siekiera is an international lawyer with a PhD in public policy studies. She works as a legal advisor and lecturer in many military institutions: NATO, the US Marines, the armed forces of Finland and Turkey, among others. She completed a post-doctorate at the University of Bergen in Norway and a PhD at the University of Victoria in New Zealand. She is the author of 100 scientific publications in several languages, 40 legal opinions for the Polish Ministry of Justice and the book “Regional Policy in the South Pacific,” and the editor of 7 monographs on international law, international relations and security.

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