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Sex trafficking

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Sex trafficking is composed of two key aspects, human trafficking and sexual slavery.[1] The combination of the two, represents the supply and demand side of the sex trafficking industry, respectively. These sex trafficking crimes are defined by three steps: acquisition, movement, and exploitation.[1]

According to the UN, there are 2.4 million people throughout the world who are victims of human trafficking at any given moment.[2] In this annual $32 billion industry, 80 percent of victims are being exploited as sexual slaves.[2] For the International Labour Organization, there are 20.9 million people subjected to forced labour, and 22% of them (4.5 million) are victims of forced sexual exploitation.[3]

Most victims find themselves in coercive or abusive situations from which escape is both difficult and dangerous. The victims and locations where this practice occurs spans the globe and reflects an intricate web between nations, making it very difficult to draft solutions to this human rights problem.

Global

An internationally recognized definition for sex trafficking was not established until 2000. It was during this year that countries adopted a definition set forth by the United Nations.[4] The United Nations Convention Against Transnational Organized Crime, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which is also referred to as the Palermo Protocol, created this definition.[4] 147 of the 192 member states of the UN ratified the Palermo Protocol when it was published in 2000.[4] Article 3 of the Palermo Protocol states the definition as:[5]

(a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;

(d) “Child” shall mean any person under eighteen years of age.

Article 5 of the Palermo Protocol then requires the member states to criminalize trafficking based on the definition outlined in Article 3; however, many member states' domestic laws reflected a narrower definition than Article 3.[4] Although these nations claim to be obliging Article 5, the narrow laws cause them to criminalize a small subset of sex trafficking cases.[4]

United States

During this same period, the United States passed the Trafficking Victims Protection Act of 2000 (TVPA) to clarify the previous confusion and discrepancies in regards to the criminalizing guidelines of human trafficking.[6] Through this act, sex trafficking crimes were defined as a situation where "commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.”[7] If the victim is a child under the age of 18 no force, fraud, or coercion needs to be proven based on this legislation. [6] According to Susan Tiefenbrun's research on the victims addressed in this act, each year more than two million women throughout the world are bought and sold for sexual exploitation.[8] Also, the United States has taken legal measures to define more varieties of exploitive situations in relation to children in order to clarify previous legal inconsistencies.[6] Commercial sexual exploitation of children (CSEC) is defined as "encompassing several forms of exploitation, including pornography, prostitution, child sex tourism, and child marriage."[6] Domestic minor sex trafficking (DMST) is a term that represents a subset of CSEC situations that have "the exchange of sex with a child under the age of 18, who is a United States (US) citizen or permanent resident, for a gain of cash, goods, or anything of value."[6]

Causes

There is not one simple factor that perpetuates sex trafficking, rather a complex, interconnected web of political, socioeconomic, governmental, and societal factors.[9] Siddharth Kara argues globalization and the spread of Western Capitalism drive inequality and rural poverty--material causes for sex trafficking.[1] Kara also emphasizes that there are factor on both the supply and demand side of sex trafficking which contribute to its continued practice. Natural disasters, gender discrimination, personal problems which increase vulnerability, and cultural norms which discriminate certain populations, serve as factors which support the supply side of sex trafficking.[1] In regards to the demand for sex trafficking, Kara believes that the demand for inexpensive labor, strict immigration laws and policies, and the involvement corrupt government officials in trafficking rings, act as promoting factors of the industry.[1] Sex trafficking is the result of many more factors than the simple desire and demand of individuals want to reap the profits from exploiting others through a massive quantity of inexpensive sexual acts.[1]

Profile and modus operandi of traffickers

Traffickers of young girls into prostitution in India are often women who have been trafficked themselves. As adults they use personal relationships and trust in their villages of origin to recruit additional girls.[10]

In some cases, traffickers approach very vulnerable women (including underage girls) to offer them "legitimate" work or the promise of an opportunity for education. The main types of work offered are in the catering and hotel industry, in bars and clubs, modeling contracts, or au pair work. Traffickers sometimes use offers of marriage, threats, intimidation, and kidnapping as means of obtaining victims. In many cases, the women end up trafficked into the sex industry. Also, some (migrating) prostitutes (See: migrant sex work) can become victims of human trafficking because the women know they will be working as prostitutes, but they are led to have an inaccurate view of the circumstances and the conditions of the work in their country of destination, and consequently get exploited.[11][12]

In order to obtain control over their victims, traffickers will use force, drugs, emotional tactics and financial methods. On occasion, they will even resort to various forms of violence, such as gang rape and mental and physical abuse. Sometimes, the victims will succumb to Stockholm Syndrome because their captors will pretend to "love" and "need" them, even going so far as promise marriage and future stability. This is particularly effective with younger victims, because they are more inexperienced and therefore easily manipulated.[13]

Profile of victims

There is no single profile for victims of human trafficking. Most are women, though it is not uncommon for men to be trafficked, as well. Victims are both captured and exploited all around the world, representing many different ages and backgrounds, both ethnic and socioeconomic. However, there are traits associated with a higher risk of becoming a trafficking victim. Risk factors include homeless and runaway youth, foreign nationals (especially those of lower socioeconomic status or those from countries with high socioeconomic status regarded as undeserving of it and of owing it to other countries), and those who have past, personal experience with violence and trauma.[14]

In the United States, research has illustrated how these qualities hold true for victims, even though none can be labeled as a direct cause.[6] For example, a history of homelessness in domestic minor sex trafficking victims is greater than 50 percent.[6] Familial disruptions such as divorce or the death of a parent places minors at a higher risk of entering into the industry, but home life in general has an impact on children's risk. In a study of trafficked youth in Arizona, 20 to 40 percent of female victims identified with experiencing abuse of some form (sexual or physical) at home before entering into the industry as a sex slave.[6] For the males interviewed, a smaller proportion, 0 to 30 percent, reported former abuse in the home.[6]

The main motive of a woman (in some cases, an underage girl) to accept an offer from a trafficker is better financial opportunities for herself or her family. A study on the origin countries of trafficking confirms that most trafficking victims are not the poorest in their countries of origin, and sex trafficking victims are likely to be women from countries with some freedom to travel alone and some economic freedom.[15]

Consequences to victims

Multiple research papers have examined the health consequences of the various populations of sex workers and they all conclude that a life in this industry causes severe damages to their overall health. Many of these sex workers contract Sexual Transmitted Infections (STIs) and research has had a great emphasis on the HIV/AIDS prevalence in these populations.[6] The mental health implications range from depression to anxiety to post-traumatic stress disorder (PTSD) due to the exposure of abuse and violence victims face from their pimps or "johns".[6] With such a mindset many individuals develop alcohol or drug addictions and abusive habits.[6] Based on these consequences and others, it was determined in a 30-year longitudinal study conducted by Dr. Potterat and associates that the average lifespan for prostituted women in Colorado Springs was 34 years.[6]

Combating

History of international legislation

International pressure to address trafficking in women and children became a growing part of the social Reform movement in the United States and Europe during the late nineteenth century. International legislation against the trafficking of women and children began with the conclusion of an international convention in 1901, followed by conclusion of the International Agreement for the suppression of the White Slave Traffic in 1904. (The latter was revised in 1910.) These conventions were ratified by 34 countries. The first formal international research into the scope of the problem was funded by American philanthropist John D. Rockefeller, through the American Bureau of Social Hygiene. In 1923, a committee from the bureau was tasked with investigating trafficking in 28 countries, interviewing approximately 5,000 informants and analyzing information over two years before issuing its final report. This was the first formal report on trafficking in women and children to be issued by an official body.[16]

The League of Nations, formed in 1919, took over as the international coordinator of legislation intended to end the trafficking of women and children. An international Conference on White Slave Traffic was held in 1921, attended by the 34 countries that ratified the 1901 and 1904 conventions.[17] Another convention against trafficking was ratified by League members in 1922, and like the 1904 international convention, this one required ratifying countries to submit annual reports on their progress in tackling the problem. Compliance with this requirement was not complete, although it gradually improved: in 1924, approximately 34% of the member countries submitted reports as required, which rose to 46% in 1929, 52% in 1933, and 61% in 1934.[18] The 1921 International Convention for the Suppression of the Traffic in Women and Children was sponsored by the League of Nations.

United Nations

In 1949, the first international protocol dealing with sex slavery was the 1949 UN Convention for the Suppression of the Traffic in Persons and Exploitation of Prostitution of Others.[19] This convention followed the abolitionist idea of sex trafficking as incompatible with the dignity and worth of the human person. Serving as a model for future legislation, the 1949 UN Convention was not ratified by every country, but came into force in 1951. These early efforts led to the 2000 Convention against Transnational Organized Crime, mentioned above. These instruments contain the elements of the current international law on trafficking in humans.

In 2011, the United Nations reported that girl victims made up two thirds of all trafficked children. Girls constituted 15 to 20 per cent of the total number of all detected victims, including adults, whereas boys comprised about 10 per cent, said the Report, which was based on official data supplied by 132 countries.[citation needed]

In 2013 a resolution to create the World Day against Trafficking in Persons was adopted by the United Nations.[20] The first World Day against Trafficking in Persons took place July 30, 2014, and the day is now held every July 30.[20]

Current international treaties include the Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages, entered into force in 1964.

In the United States

Up until the early 1960s, when racism was a major issue in the US, Congress was concerned about White slavery. The result of this fear was the White Slave Traffic Act of 1910 (better known as the Mann Act), which criminalized interracial marriage and banned single women from crossing state borders for morally wrong acts. In 1914, of the women arrested for crossing state borders under this act, 70% were charged with voluntary prostitution. Once the idea of a sex slave shifted from a White woman to an enslaved woman from countries in poverty, the US began passing immigration acts to curtail aliens from entering the country among other reasons. Several acts such as the Emergency Quota Act of 1921 and Immigration Act of 1924 were passed to prevent emigrants from Europe and Asia from entering the United States. Following the banning of immigrants during the 1920s, human trafficking was not seen as a major issue until the 1990s.[21][22]

At 18 U.S.C. § 1591, or the Commercial Sex Act, the US makes it illegal to recruit, entice, obtain, provide, move or harbor a person or to benefit from such activities knowing that the person will be caused to engage in commercial sex acts where the person is under 18 or where force, fraud or coercion exists.[23][24]

Under the Bush Administration, fighting sex slavery worldwide and domestically became a priority with an average of $100 million spent per year, which substantially outnumbers the amount spent by other countries. Before President Bush took office, Congress had passed the Victims of Trafficking and Violence Protection Act of 2000 (TVPA). The TVPA strengthened services to victims of violence, law enforcements ability to reduce violence against women and children, and education against human trafficking. Also specified in the TVPA was a mandate to collect funds for the treatment of sex trafficking victims that provided shelter, food, education, and financial grants. Internationally, the TVPA set standards that governments of other countries must follow in order to receive aid from the U.S. to fight human trafficking. Once George W. Bush took office in 2001, restricting sex trafficking became one of his primary humanitarian efforts. The Attorney General under President Bush, John Ashcroft, strongly enforced the TVPA. The Act was subsequently renewed in 2004, 2006, and 2008. It established two stipulations an applicant has to meet in order to receive the benefits of a T-Visa. First, a trafficked victim must prove/admit to being trafficked and second must submit to prosecution of his or her trafficker. In 2011, Congress failed to re-authorize the Act. The State Department publishes an annual Trafficking in Persons Report, which examines the progress that the U.S. and other countries have made in destroying human trafficking businesses, arresting the kingpins, and rescuing the victims.[25][26][27]

Council of Europe

Complementary protection is ensured through the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (signed in Lanzarote, 25 October 2007). The Convention entered into force on 1 July 2010.[28] As of March 2015, the Convention has been ratified by 36 states, with another 11 states having signed but not yet ratified.[29]

Other government actions

Actions taken to combat human trafficking vary from government to government.[30] Some government actions include

  • introducing legislation specifically aimed at criminalizing human trafficking
  • developing co-operation between law enforcement agencies and non-government organizations (NGOs) of numerous nations
  • raising awareness of the issue

Raising awareness can take three forms. First, governments can raise awareness amongst potential victims, particularly in countries where human traffickers are active. Second, they can raise awareness amongst the police, social welfare workers and immigration officers to equip them to deal appropriately with the problem. And finally, in countries where prostitution is legal or semi-legal, they can raise awareness amongst the clients of prostitution so that they can watch for signs of human trafficking victims. Methods to raise general awareness often include television programs, documentary films, internet communications, and posters.[31] and posters.[32]

Many countries have come under criticism for inaction, or ineffective action. Criticisms include the failure of governments to properly identify and protect trafficking victims, enactment of immigration policies which potentially re-victimize trafficking victims, and insufficient action in helping prevent vulnerable populations from becoming trafficking victims. A particular criticism has been the reluctance of some countries to tackle trafficking for purposes other than sex.

Non governmental organizations (NGOs)

Many NGOs work on the issue of sex trafficking. One major NGO is the International Justice Mission (IJM). IJM is a US-based non-profit human rights organization that combats human trafficking in developing countries in Latin America, Asia, and Africa. IJM states that it is a "human rights agency that brings rescue to victims of slavery, sexual exploitation, and other forms of violent oppression." It is a faith-based organization since its purported goal is to "restore to victims of oppression the things that God intends for them: their lives, their liberty, their dignity, the fruits of their labor."[33] The IJM receives over $900,000 from the US government.[34] The organization has two methods for rescuing victims: brothel raids in cooperation with local police, and "buy bust" operations in which undercover agencies pretend to purchase sex services of an underage girl. After the raid and rescue, the women are sent to rehabilitation programs run by NGOs (such as churches) or the government.

There are also national Non-governmental organizations working on the issue of human trafficking, including sex trafficking. For example, in Kenya Awareness Against Human Trafficking (HAART) works on ending all human trafficking in the country.[35] HAART has also participated in the UNANIMA International Stop the Demand campaign [36]

Campaigns and initiatives

The Demi and Ashton (DNA) Foundation was created by celebrity humanitarians Demi Moore and Ashton Kutcher in 2009 in their efforts to fight human trafficking (specifically focusing on sex trafficking of children) in the U.S. In September 2010, the pair announced the launch of their "Real Men Don't Buy Girls" campaign to combat child sex trafficking alongside other Hollywood stars and technology companies like Microsoft, Twitter, and Facebook. "Real Men Don't Buy Girls" is based on the idea that high-profile men speaking out against child sex trafficking can help reduce the demand for young girls in the commercial sex trade. A press conference was held on September 23 at the Clinton Global Initiative.[37] In 1994, Global Alliance Against Traffic in Women was established to combat trafficking in women in any grounds. It is an alliance of more than 100 non-governmental organizations from Africa, Asia, Europe, Latin America, the Caribbean and North America.[38] The popular TV channel MTV started a campaign to combat sex trafficking. The initiative called MTV EXIT (End Exploitation and Trafficking) is a multimedia initiative produced by MTV EXIT Foundation (formerly known as the MTV Europe Foundation) to raise awareness and increase prevention of human trafficking.[39][40]

While globalization fostered new technologies that may exacerbate sex trafficking, technology can also be used to assist law enforcement and anti-trafficking efforts. A study was done on online classified ads surrounding the Super Bowl. A number of reports have noticed increase in sex trafficking during previous years of the Super Bowl.[41] For the 2011 Super Bowl held in Dallas, Texas, the Back page for Dallas area experienced a 136% increase on the number of posts in the Adult section on Super Bowl Sunday, where as Sundays typically have the lowest amount of posts. Researchers analyzed the most salient terms in these online ads, which suggested that many escorts were traveling across state lines to Dallas specifically for the Super Bowl, and found that the self-reported ages were higher than usual. Twitter was another social networking platform studied for detecting sex trafficking. Digital tools can be used to narrow the pool of sex trafficking cases, albeit imperfectly and with uncertainty.[42]

'End Demand'

End Demand refers to the strategy and efforts of different institutions that seek to end sex trafficking by eliminating and criminalizing the demand for commercial sex. End Demand is very popular in some countries including the United States and Canada.[43] Proponents of the end demand strategy support initiatives such as "John's schools" that rehabilitate johns, increased arrests of johns, and public shaming (e.g. billboards and websites that publicly name johns who were caught).[43][44] John's Schools were pioneered in San Francisco in 1995 and now used in many cities across the U.S. as well as other countries such as the UK and Canada. Some compare John's Schools programs to driver's safety courses, because first offenders can pay a fee to attend class(es) on the harms of prostitution, and upon completion, the charges against the john will be dropped. Another initiative that seeks to end demand is the cross-country tour "Ignite the Road to Justice," launched by the 2011 Miss Canada, Tara Teng. Teng's initiative circulates a petition to end the demand for commercial sex that drives prostitution and sex trafficking. End Demand efforts also include large-scale public awareness campaigns. Campaigns have started in Sweden, Massachusetts, Rhode Island, and Atlanta, Georgia. The Atlanta campaign in 2006 was titled "Dear John," and ran ads in local media reaching out to potential johns to discourage them from buying sex. Massachusetts and Rhode Island also had legislative efforts that criminalized prostitution and increased end demand efforts by targeting johns.[43]

Sweden criminalized the buying of sex in 1999, and Norway and Iceland have later introduced similar laws. The laws were aimed at combating trafficking.[45] Iceland also banned strip clubs in 2010.

See also

References

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  2. ^ a b "U.N.: 2.4 million human trafficking victims". USA Today. USA Today. 4 April 2012. Retrieved 17 March 2015.
  3. ^ "ILO 2012 Global estimate of forced labour - Executive summary" (PDF). International Labour Organization. Retrieved 28th March 2015. {{cite web}}: Check date values in: |access-date= (help)
  4. ^ a b c d e Dempsey, Michelle Madden; Hoyle, Carolyn; Bosworth, Mary (2012). "Defining Sex Trafficking in International and Domestic Law: Mind the Gaps". Emory International Law Review. Villanova Law/Public Policy Research Paper No. 2013-3036. 26 (1).
  5. ^ United Nations (2012). "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organized Crime". Retrieved 17 March 2015. {{cite journal}}: Cite journal requires |journal= (help)
  6. ^ a b c d e f g h i j k l m Lew, Candace (July 2012). "Sex Trafficking of Domestic Minors in Phoenix, Arizona: A Research Project" (PDF). Retrieved 17 March 2015. {{cite journal}}: Cite journal requires |journal= (help)
  7. ^ United States Government. "Victims of Trafficking and Violence Protection Act of 2000" (PDF). U.S. Department of State. Retrieved 17 March 2015.
  8. ^ Tiefenbrun, Susan (2002). "The Saga of Susannah A U.S. Remedy for Sex Trafficking in Women: The Victims of Trafficking and Violence Protection Act of 2000". Utah Law Review. 107.
  9. ^ Commonwealth Secretariat (2004). Gender and Human Rights in the Commonwealth: Some critical issues for action in the decade 2005-2015. Commonwealth Secretariat. {{cite book}}: |access-date= requires |url= (help)
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  12. ^ "Media Conference for Announcing Role of Dewi Hughes 28 May 2003" (PDF). Retrieved 2011-03-22.
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  19. ^ http://polis.osce.org/library/f/3655/2833/UN-USA-RPT-3655-EN-Text%20of%20the%20Convention.pdf
  20. ^ a b Feminist Wire Daily Newsbriefs: U.S. and Global News Coverage
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  24. ^ "Victims Of Trafficking And Violence Protection Act of 2000" (PDF).
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  32. ^ Archived 2008-02-27 at the Wayback Machine (archived from the original on 2008-02-27)
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  38. ^ Global Alliance Against Traffic in Women
  39. ^ MTV EXIT: Join the Fight to End Human Trafficking & Modern SlaveryMTV EXIT
  40. ^ MTV EXIT Foundation (End Exploitation and Trafficking) | Corporate NGO partnerships
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  45. ^ Max Waltman: Criminalize Only the Buying of Sex New York Times, 20 April 2012