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In plain sight? Human trafficking and research challenges.



In Modern Bondage BONDAGE. Slavery. : Sex Trafficking in the Americas. Edited by David E. Guinn and Elissa Steglich. Ardsley, NY: Transnational Publishers, 2003. 475pp.

And even at this time, when a great deal has been said...the public idea of just what is meant by the "white slave traffic" is confused and indefinite.

-- Edwin Sims, 1910 (1)

A common view regarding trafficking does not yet exist.

-- Guinn and Steglich, 2003

The recently released exploratory work, In Modern Bondage: Sex Trafficking in the Americas, edited by David E. Guinn and Elissa Steglich, is a helpful analysis of the state of trafficking for sexual exploitation in Central America Central America, narrow, southernmost region (c.202,200 sq mi/523,698 sq km) of North America, linked to South America at Colombia. It separates the Caribbean from the Pacific.  and the Caribbean. The book makes two things clear: how far researchers have been able to come given the scarcity of reliable data; and how much work remains to be done before a clear picture of the nature and magnitude of trafficking and the best means for its eradication is obtained.

In Modern Bondage: Sex Trafficking in the Americas is, essentially, the final report of an extensive "Trafficking Project" undertaken by the International Human Rights Law Institute (IHRLI IHRLI International Human Rights Law Institute ) at DePaul University Coordinates:  DePaul University[1] is a private institution of higher education and research in Chicago, Illinois, USA. . The project's stated intention is to determine the magnitude of trafficking of women and children for sexual exploitation, assess existing and identify needs for effective and strategic solutions. The book's tagline--in the Americas--is a bit misleading as the countries included in the study (Belize, Costa Rica Costa Rica (kŏs`tə rē`kə), officially Republic of Costa Rica, republic (2005 est. pop. 4,016,000), 19,575 sq mi (50,700 sq km), Central America. , Dominican Republic Dominican Republic (dəmĭn`ĭkən), republic (2005 est. pop. 8,950,000), 18,700 sq mi (48,442 sq km), West Indies, on the eastern two thirds of the island of Hispaniola. The capital and largest city is Santo Domingo. , El Salvador El Salvador (ĕl sälväthōr`), officially Republic of El Salvador, republic (2005 est. pop. 6,705,000), 8,260 sq mi (21,393 sq km), Central America. , Guatemala, Honduras, Nicaragua, and Panama) represent a more modest selection from within Central America and the Caribbean.

In Modern Bondage does an excellent job of moving beyond outrage toward the effective demonstration of how difficult it is to assess the breadth--and sometimes the true nature--of human trafficking. Indeed, the very "absence of record has fortified fortified (fôrt´fīd),
adj containing additives more potent than the principal ingredient.
 a willful ignorance of reality; policy priorities have followed the belief that 'if not seen, it does not exist'" (10). Conducting research within such a context is inordinately in·or·di·nate  
adj.
1. Exceeding reasonable limits; immoderate. See Synonyms at excessive.

2. Not regulated; disorderly.
 challenging, and those working on the project can be heard "sharpening their machetes to carve through the jungle of qualitative data" and anecdotal evidence anecdotal evidence,
n information obtained from personal accounts, examples, and observations. Usually not considered scientifically valid but may indicate areas for further investigation and research.
 in search of what the book's introduction refers to as "the invisible."

Editors Guinn and Steglich are not alone in this struggle. Echoed throughout the book are the tremendous difficulties faced by those conducting research on such a complex and hidden phenomenon. Indeed, no single methodology is up to the task. With this in mind, the Trafficking Project collected data several ways. The first, establishing collaborative relationships with local NGOs, provided the Project with local representation (not to mention institutional authors for each of the book's national reports). The second component, national consultations, introduced the project and laid the groundwork for the third component: a research assessment of trafficking in the region. This research drew on in-country collaborators (collecting as much information as possible) and IHRLI-based researchers (building on this research to solicited specific input from government actors, NGOs working in-country and international organizations in-country). The final Project component was the development of country-specific recommendations drawn from the study's findings. The Trafficking Project's final report is thus divided into several initial chapters providing an overview of the findings and a chapter for each of the eight countries.

Early in the book's overview, Guinn and Steglich write, "Despite the lack of concrete data, the trafficking of women and children for sexual exploitation in Central American Central America

A region of southern North America extending from the southern border of Mexico to the northern border of Colombia. It separates the Caribbean Sea from the Pacific Ocean and is linked to South America by the Isthmus of Panama.
 (sic) and the Caribbean has become a very visible phenomenon on the ground" (10). The most immediate reasons given for this will be familiar to many: vulnerability/supply, demand for cheap and exploitable sex, criminal networks and complicit com·plic·it  
adj.
Associated with or participating in a questionable act or a crime; having complicity: newspapers complicit with the propaganda arm of a dictatorship.
 governments. These findings are in line with assessments of supply/vulnerability worldwide: for women, poverty and gender discrimination result in disproportionate economic burdens coupled with a lack of job opportunities. Often their only recourse is economic migration. For children, poverty, family disintegration, abuse, (2) gangs, drugs and homelessness are significant risk factors. Victims are found to fall into debt bondage Debt bondage or bonded labor is a means of paying off loans with direct labor instead of currency or goods. It is either a kind of indenture or truck system, and is a form of unfree labor. Historically, in the USA, it is also sometimes called peonage.  and to suffer from threats, violence, forced drug use and compromised physical and mental health. While the book is nearly silent on specific political and economic events that have generated these vulnerabilities in Latin America Latin America, the Spanish-speaking, Portuguese-speaking, and French-speaking countries (except Canada) of North America, South America, Central America, and the West Indies. , globalization globalization

Process by which the experience of everyday life, marked by the diffusion of commodities and ideas, is becoming standardized around the world. Factors that have contributed to globalization include increasingly sophisticated communications and transportation
 policies, public corruption and weak border controls are listed as factors contributing to increased levels of trafficking. Likewise, few surprises emerge in regard to demand for human trafficking. Guinn and Steglich emphasize that the demand for such services are "unchecked." In their view this is largely due to the legality of adult prostitution (and other commercial sexual activity) in all eight countries. Further compounding this demand dynamic is the presence of male migrants and sex tourism.

The third and fourth reasons cited for this "very visible phenomenon" are criminal networks and inefficient (or corrupt) governments. The research paints "a disturbing picture of criminals acting with near-absolute impunity IMPUNITY. Not being punished for a crime or misdemeanor committed. The impunity of crimes is one of the most prolific sources whence they arise. lmpunitas continuum affectum tribuit delinquenti. 4 Co. 45, a; 5 Co. 109, a.  and an absence of identification, treatment, and protection of victims combined with underutilized forums for action, advocacy and attention" (47). Only Costa Rica is spared the editors' disparaging dis·par·age  
tr.v. dis·par·aged, dis·par·ag·ing, dis·par·ag·es
1. To speak of in a slighting or disrespectful way; belittle. See Synonyms at decry.

2. To reduce in esteem or rank.
 disappointment over governmental inefficacy in·ef·fi·ca·cy  
n.
The state or quality of being incapable of producing a desired effect or result.

Noun 1. inefficacy - a lack of efficacy
inefficaciousness
, corruption, lack of political will or, in many cases, all three.

Without a doubt, governments are called in for a drubbing. The report cites numerous failings: weak implementation of existing protection measures, clear incentives for the maintenance of the status quo [Latin, The existing state of things at any given date.] Status quo ante bellum means the state of things before the war. The status quo to be preserved by a preliminary injunction is the last actual, peaceable, uncontested status which preceded the pending controversy. ; an overall lack of awareness and information; minimal reporting; weak enforcement mechanisms; a lack of specialized services; and a lack of coordination. At the international level, Guinn and Steglich determine that states in the region are failing to fulfill their international commitments vis-a-vis vulnerable women (47) and that even the most forward-thinking countries have failed to move beyond the national planning stage of their anti-trafficking agendas (50). (3) Failure to fulfill international commitments is not for want of opportunity. All eight countries are party to many relevant international conventions. (4) None have ratified the U.N. Trafficking Protocol (2001). Even ratification of the protocol, though, would be no guarantee of involvement in the antitrafficking effort. Each country is party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW CEDAW Convention to Eliminate All Forms of Discrimination Against Women (United Nations)
CEDAW Component Explosives Damage Assessment Workbook (reference for blast effects software modeling) 
) and yet the convention's counter-trafficking provisions "are completely ignored" (47).

Despite this woeful woe·ful also wo·ful  
adj.
1. Affected by or full of woe; mournful.

2. Causing or involving woe.

3. Deplorably bad or wretched:
 track record on the international level, Guinn and Steglich reserve a bit of optimism for the emergence of common platforms for regional policy on trafficking for sexual exploitation, drawn from the 1996 First World Congress against Commercial Sexual Exploitation of Children “CSEC” redirects here. For the Caribbean Secondary Education Certification, see Caribbean Examinations Council.

Commercial sexual exploitation of children (CSEC) is a form of child labour.
, held in Stockholm.

Although forward movement on common regional (and international) policy platforms is dependent on political will and economic resources, the reader is reminded that all countries in question already have domestic laws addressing trafficking for prostitution. In all but a few countries men, women, adults, minors (5), nationals and foreigners are protected by trafficking legislation. The report highlights several countries' policies. The Dominican Republic is singled out for praise for having effectively placed trafficking for sexual exploitation on its national agenda. Costa Rica has gone to the greatest lengths to combat the commercial exploitation of children, Guatemala has the most lenient trafficking penalties, Belize and Panama rely more heavily on their immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important.  measures than on their trafficking laws (Panama's primary recourse is reported to be deportation), in Nicaragua the Ministry of Labor simply requests that the commercial sexual exploitation of children be stopped so long is it is a first offense, etc.

Since the IHRLI's research methodology examines both trafficking for sexual exploitation and commercial sexual exploitation, the report includes an assessment of domestic legislation regulating prostitution-related activities. In each country, adult prostitution is legal while pimping pimping Academia See Pimp. Cf Pumping.  and pandering is criminalized. The penalties include fines and possible prison time (Guatemala excepted: it only fines perpetrators). Inexplicably, there is no further discussion as to the inter-relation between the policies, enforcement failures and instances of legal prostitution and of trafficking for sexual exploitation.

From atop this compilation of data on national legislation and international commitments, one can clearly see the formidable obstacles standing between the present dismal situation and the eradication of trafficking. Implementation of existing laws is weak due to a profound lack of personnel, technology, services, information, reliable data systems, expertise, coordination, enforcement mechanisms, cooperation and, most importantly Adv. 1. most importantly - above and beyond all other consideration; "above all, you must be independent"
above all, most especially
, political will. (6)

Guinn and Steglich's recommendations are conventional and center on regional solutions (frameworks, U.N. conventions, existing treaties and Inter-American conventions). Domestic solutions are included as well (information systems, programs and policy coordination) but far and away the most salient recommendation is the provision of effective public leadership. While a number of country reports contain more radical recommendations such as arresting globalization or more equitably redistributing wealth, none are included in Guinn and Steglich's list.

In Modern Bondage is the first study of its kind, both in focus and in breadth, to so comprehensively survey the state of trafficking in the Central American and Caribbean region. An increasing amount of research is being conducted in the region by a number of actors, including the International Office of Migration (IOM IOM

See: Index and Option Market
). (7)

Three Areas of Confusion

Both the IHRLI and the IOM are contributing to an ever-growing body of research attempting to estimate the nature and magnitude of human trafficking worldwide. Increased attention has resulted in growing social consciousness, new laws New Laws: see Las Casas, Bartolomé de. , and, in a few countries, funding and political willpower. Confusion persists, however, in three key areas: the nature, and the magnitude of trafficking, and the best means for its eradication. Kevin Bales This article is about the researcher. For the video game developer, see Kevin Bales (programmer).
Dr. Kevin Bales is the world's leading expert on modern slavery and President of Free the Slaves, the US Sister organization of Anti-Slavery International (the
, the worlds' foremost authority on modern slavery, has identified the lack of standard definitions as one of the most common obstacles faced by those conducting research on trafficking (Bales 2005: 137). There is also confusion regarding the magnitude of this issue. In the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , Central America and the Caribbean, there is a clear and concerning gap between estimates of the problem's size as compared with the actual number of identified victims. Finally, there is confusion over what approaches might best end human trafficking. An approach I refer to as "law and enforcement" has been adopted by both the United Nations and the United States, with mixed results. In Modern Bondage provides an excellent opportunity to explore these three issues in greater detail.

Nature of the Problem
   The Trafficking Report follows the United Nations definition of
   human trafficking as it is spelled out in the anti-trafficking
   protocol to the Convention Against Transnational Organized Crime:
   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 (8) (U.N. 2001).


In this way they situate sit·u·ate  
tr.v. sit·u·at·ed, sit·u·at·ing, sit·u·ates
1. To place in a certain spot or position; locate.

2. To place under particular circumstances or in a given condition.

adj.
 trafficking for sexual exploitation (9) as a subset of human trafficking, itself a subset of the human rights violation of modern slavery (18). They note that trafficking for sexual exploitation and commercial sexual exploitation (which they define as prostitution, pornography, sex tourism, etc.) are distinct human rights concerns and emphasize the importance of researching the ways women might enter the commercial sex industry without being trafficked. Since both prostitution and other commercial sexual activities (undertaken by adults) are legal in each of the countries under consideration, there is a clear opportunity for the researchers to examine "sex trafficking" as a discrete phenomenon within a largely unregulated commercial sex sector. (10) And yet, inexplicably, the editors adopt "a combined focus due to the interrelated in·ter·re·late  
tr. & intr.v. in·ter·re·lat·ed, in·ter·re·lat·ing, in·ter·re·lates
To place in or come into mutual relationship.



in
 nature of these problems" (13).

At first blush Adv. 1. at first blush - as a first impression; "at first blush the offer seemed attractive"
when first seen
 this approach seems understandable, perhaps even sensible. There is little quantitative data on commercial sexual exploitation in Central America and the Caribbean and even less on human trafficking, effectively rendering the various forms of commercial sexual exploitation (listed above) the only observable phenomena. Unfortunately, while the gathering of qualitative data under these conditions contributes to a descriptive understanding of the problem, it also creates several difficulties. To begin with, this data cannot be disaggregated Broken up into parts.  to produce an understanding of these phenomena separately (or in relationship to one another). Secondly, this data limitation makes it nearly impossible to produce any standard indicators that can measure the progress and effectiveness of anti-trafficking (as opposed to anti-prostitution) interventions over time. Finally, it becomes impossible to describe how these two phenomena interrelate in·ter·re·late  
tr. & intr.v. in·ter·re·lat·ed, in·ter·re·lat·ing, in·ter·re·lates
To place in or come into mutual relationship.



in
 in the same environment.

Judging by the fact that the survey used for this research (included as an appendix) is clearly geared toward examining the prevalence of "sex trafficking" exclusively, it seems unlikely that the researchers at DePaul would have begun the project with this dual focus. It is more likely that this combined approach was only adopted once data on both phenomena started coming back from the field. If this speculation is true, it underscores the challenges to conducting solid and systematic trafficking-related research.

While the Trafficking Report has combined their research on commercial sexual exploitation and trafficking for sexual exploitation, the task of explicating the relationship between them falls to those contributing to the country reports. Yet even there the confusion persists. Writing from Guatemala, Pro Ninos y Ninas Centroamericanos (PRONICE) points out, "by itself, trafficking is not sexual exploitation" (218) but does not go on to further explain how trafficking for sexual exploitation can occur apart from sexual exploitation. Writing from Costa Rica, the group Servicios Interamericanos de Abogados en Derechos Humanos is explicit in its assessment that "while sex tourism and tourism-related prostitution have risen to visible levels, their coincidence with trafficking activities was not readily detected" (103). Without irony the authors go on to observe that the nature of the topic is unclear to almost every institution working in this area (123). Those conducting research in the Dominican Republic for the Centro de Investigacion para la Accion Femenina (CIPAF), report that the "Majority of women know what they're getting into" (137). Unfortunately, the researchers do not clarify whether the condition they are describing is commercial sexual exploitation or trafficking for sexual exploitation.

The Trafficking Project misses a prime opportunity to further explore the relationship between legalized adult prostitution and trafficking for sexual exploitation. Instead, these legal sexual services are considered alongside (male) migration (11) and sex tourism as demand factors. While there has been much talk of late regarding the relationship between demand for sexual services and instances of human trafficking their relationship is still poorly understood. The Trafficking Project's joint focus on the commercial sex sector and "sex trafficking" leaves the reader with the impression that a demand for legal sexual services results in an increase in cases of human trafficking. While this may be true, it has yet to be conclusively borne out by research.

Magnitude of the Problem

Every project attempting to assess the magnitude of trafficking for sexual exploitation in a particular region, or in a particular economic sector, begins its work with a disclaimer regarding the difficulty of finding data on such a hidden phenomenon. Indeed there is a small, but growing, body of literature addressing this challenge directly. (12) While the paucity of measurable phenomena is a problem for any research agenda, disagreement and confusion regarding the phenomenon to be measured (as discussed above) undermines any research agenda. While In Modern Bondage found consultants to be the most reliable and consistent sources of information, they were unable to "offer a complete picture of the problem" (16). With this in mind it seems inconsistent that the Guatemalan organization PRONICE reports that trafficking for commercial sexual exploitation is common, visible and easy to recognize (193). The basis for such a statement is not confirmed by the number of trafficking cases identified in that country, of which there are seven documented by NGOs and none by the government, but instead by the presence of sexually exploited women and children from Guatemala and Central America (193, 219). The assumption (unsupported by the data) seems to be that where there is commercial sexual exploitation, there must be trafficking for sexual exploitation.

The Panama country report suggests:
   Although those interviewed could not confirm that there is an
   increase in the problem of trafficking of women and minors for
   commercial sexual exploitation, it could be inferred from their
   reports that because of the increase in poverty, social inequality,
   marginalization, and gender discrimination, it is highly possible
   that there is an increase in trafficking of women and girls for
   commercial sexual exploitation (292-3).


While those writing from Panama are more cautious ("it is highly possible") in connecting the increase in risk factors to an increase in instances of trafficking for sexual exploitation, the emphasis is on the assumed likelihood of such cases.

The Dominican Republic country report documents similar causal factors in the "sex sector" but does not assume that the presence of these factors leads to trafficking for sexual exploitation. Instead, they limit their research and reporting to the sale and trafficking of children and adolescents. They cite a 1999 report by the Organismo Rector del Sistema de Proteccion de Ninos, Ninas y Adolescentes (1999) which determines the magnitude of the problem to be small (137). Meanwhile, the Costa Rican country report is explicit in stating that the research agenda involved commercial sexual exploitation and not human trafficking. If an examination of commercial sexual exploitation qualifies one to speak on the scope of sex trafficking, of what use is an analysis of trafficking as a discrete phenomenon?

Under-resourced countries are not the only ones experiencing this problem. Even when resources join political will, it is difficult to assess the magnitude of trafficking. Within the United States estimates of individuals trafficked into the country annually for both sex and labor have been revised downward twice from an initial assessment of 50,000 in 2003 to a current estimate of as few as 14,500 in 2005. Corroborating these latest numbers is impossible since the Department of State has not publicized pub·li·cize  
tr.v. pub·li·cized, pub·li·ciz·ing, pub·li·ciz·es
To give publicity to.

Adj. 1. publicized - made known; especially made widely known
publicised
 its methodology. Voicing their frustration in the footnotes of a recently released report, Free the Slaves Free the Slaves is an international non-governmental organization and lobby group, established to campaign against the modern practice of slavery around the world. It is the U.S. sister-organization of Anti-Slavery International.  and UC Berkeley's Human Rights Center argue that this lack of transparency makes it nearly impossible to "recreate, assess the validity of, or improve upon, the estimates" (Free the Slaves and UC Berkeley 2004: 57-58, fn8).

In the final analysis, the actual magnitude of human trafficking, whether in Central or North America North America, third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. , is not known. Neither a lack of cases nor challenges in assessing the magnitude have dissuaded organizations from making expansive statements about the size of the problem. Perhaps wisely, the editors of the book do not estimate the number of victims claimed by trafficking for sexual exploitation. Nor do they tally the estimates made by in-country researchers, some of whom admit that it is unknown how many women have been victims of trafficking (142). It seems then that while In Modern Bondage has managed to document conditions of vulnerability within the region (migration, discrimination, commercial sexual exploitation, etc.) they do not clearly disaggregate See disaggregated.  these phenomena from trafficking for sexual exploitation. It is not clear whether this was a result of confusion on the ground regarding the nature of trafficking for sexual exploitation or an indication that the problem is not as widespread as it is assumed to be. It is clear that despite the United Nations broadly accepted definition, there is a palpable need for more useful, practical and consistently applied tools in the analysis of the problem. (13)

Solutions to the Problem: "Law and Enforcement"

As mentioned previously, many of the challenges encountered by In Modern Bondage are common within the anti-trafficking community. Those working on the issue of human trafficking have come to it from any number of backgrounds: law enforcement, migration, domestic violence, labor rights Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. , immigrant rights, women's rights The effort to secure equal rights for women and to remove gender discrimination from laws, institutions, and behavioral patterns.

The women's rights movement began in the nineteenth century with the demand by some women reformers for the right to vote, known as suffrage, and
, children's rights The opportunity for children to participate in political and legal decisions that affect them; in a broad sense, the rights of children to live free from hunger, abuse, neglect, and other inhumane conditions. , etc. They bring with them any number of perspectives on the nature of the problem. "Human trafficking" is seen as: an issue predominantly involving sex; an issue only involving labor; an issue of demand for cheap goods and services In economics, economic output is divided into physical goods and intangible services. Consumption of goods and services is assumed to produce utility (unless the "good" is a "bad"). It is often used when referring to a Goods and Services Tax. ; an issue primarily related to migration; and, as an issue of systemic poverty which pushes people to take desperate risks. So many perspectives exist that one is reminded of the parable of the blind men discussing the elephant. (14)

It is not surprising that the United Nations Crime Commission addresses human trafficking primarily as a criminal matter. The Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (U.N. Protocol), which supplements the United Nations Convention Against Transnational Organized Crime In 2000 the United Nations adopted the Convention against Transnational Organized Crime, also called the Palermo Convention, and the two Palermo Protocols thereto:
, was adopted by the U.N. General Assembly in November 2000. Through strategic compromises it established a broadly accepted definition of human trafficking which all signatories are obligated ob·li·gate  
tr.v. ob·li·gat·ed, ob·li·gat·ing, ob·li·gates
1. To bind, compel, or constrain by a social, legal, or moral tie. See Synonyms at force.

2. To cause to be grateful or indebted; oblige.
 to integrate into domestic legislation.

The Protocol reflects its "law and enforcement" origins. Solutions thought to best address this issue are predominantly legal: new legislation, trained law enforcement, victim status for the trafficked person and the creation of improved social services social services
Noun, pl

welfare services provided by local authorities or a state agency for people with particular social needs

social services nplservicios mpl sociales 
 for the victim (who may also be a witness). At the time of the Protocol's drafting, a human rights caucus was able to influence the formulation of the definition but was unable to make other gains. The U.N. Special Rapporteur Special Rapporteur is a title given to individuals working on behalf of various regional and international organizations who bear specific mandates to investigate, monitor and recommend solutions to specific human rights problems.  on Human Trafficking, Sigma Huda Sigma Huda is a Bangladeshi lawyer and wife of former government minister and barrister Nazmul Huda. Since 2004, she has served as the United Nations' Special Rapporteur on human trafficking. , has since stated "Despite its overwhelming human rights dimension, human trafficking is often perceived and addressed only as a 'law and order' problem and is primarily located within the crime prevention framework" (Huda 2004: 4). As a result of this approach, more radical solutions are generally avoided: enforcing labor laws; such as ensuring corporate responsibility, overhauling immigration laws immigration laws nplleyes fpl de inmigración

immigration laws npllois fpl sur l'immigration

immigration laws npl
, or placing poverty alleviation on the national agenda.

Not surprisingly, Guinn and Steglich call on the countries in question to adopt "law and enforcement" norms situated within a variety of frameworks, conventions, treaties, policies and programs. Since the United States has been an early adopter of domestic legislation and has demonstrated a significant amount of political will in addressing certain aspects human trafficking, its example may hold some insights into the efficacy of this "law and enforcement" approach. The United States passed its own anti-trafficking law, the Victims of Trafficking and Violence Protection Act (VTVPA VTVPA Victims of Trafficking and Violence Protection Act of 2000 ) in 2000 and ratified it in 2003 and 2005. This law was the beginning of a larger move by the United States to address human trafficking locally and globally. Multiple federal agencies including the State Department, the Department of Justice, the U.S. Agency for International Development, and the Department of Health and Human Services Noun 1. Department of Health and Human Services - the United States federal department that administers all federal programs dealing with health and welfare; created in 1979
Health and Human Services, HHS
 have committed to antitrafficking work and have allocated funding toward anti-trafficking initiatives. Consecutive rounds of legislation have integrated relevant laws and appropriations, and high-level leaders including the President have spoken publicly about on the issue.

While both the VTVPA and subsequent initiatives are more victim-centric (15) than the U.N. Protocol, they still subscribe to Verb 1. subscribe to - receive or obtain regularly; "We take the Times every day"
subscribe, take

buy, purchase - obtain by purchase; acquire by means of a financial transaction; "The family purchased a new car"; "The conglomerate acquired a new company";
 the dominant characterization of human trafficking as a law and enforcement issue first and foremost. This formal, "law and enforcement" approach has made certain achievements. These include the passage of the world's most comprehensive anti-trafficking law, attempts to decriminalize de·crim·i·nal·ize  
tr.v. de·crim·i·nal·ized, de·crim·i·nal·iz·ing, de·crim·i·nal·iz·es
To reduce or abolish criminal penalties for: decriminalize the use of marijuana.
 the victim, the appropriation of monies for various programs, the provision of extensive training to a wide variety of governmental and non-governmental actors, the fostering of a public dialogue on trafficking for sexual exploitation and the monitoring and censuring of other countries based on their anti-trafficking efforts.

This approach has also resulted in significant challenges, the foremost of which is identifying victims of trafficking, whether in the Caribbean or California. Human trafficking for any purpose represents a significant violation of trust, and the identification of victims is predicated on the re-establishment of trust by an individual or agency. Needless to say, it is inordinately difficult to re-establish this trust, especially when working within a law and enforcement model. In the United States, social services are made available to adult survivors of trafficking on the condition that they are willing to cooperate with a criminal investigation. This requirement makes a hard job harder. It is difficult enough for community-based organizations to gain a survivor's trust without the risk of law enforcement involvement. So long as services for survivors of trafficking are contingent on Adj. 1. contingent on - determined by conditions or circumstances that follow; "arms sales contingent on the approval of congress"
contingent upon, dependant on, dependant upon, dependent on, dependent upon, depending on, contingent
 their involvement in the criminal justice process, the number of reported cases within the United States will remain low.

The effort to emphasize that a victim of trafficking is a victim and not a criminal ("decriminalization decriminalization n. the repeal or amendment (undoing) of statutes which made certain acts criminal, so that those acts no longer are crimes or subject to prosecution. ") has resulted in a certain degree of success. The next step--emphasizing that victims should not be viewed as sources or witnesses--is facing ongoing resistance. The argument that some vetting process must be in place to ensure that generous services are not squandered squan·der  
tr.v. squan·dered, squan·der·ing, squan·ders
1. To spend wastefully or extravagantly; dissipate. See Synonyms at waste.

2.
 on the undeserving reveals how deeply ingrained this law and enforcement approach is. Alternatives, such as reversing migration flows (168), reformulating violence as a public health problem (266), or redistributing wealth more equitably (192), are proposed by those NGOs writing the country reports (Dominican Republic, Panama and Nicaragua, respectively). Unfortunately, these solutions have formed on the margins of the debate, and consequently are not included in the first third of Guinn and Steglich's book. (16)

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the White House, the United States has spent $295 million to address trafficking globally (Department of State 2005: 295). In-country, this funding has resulted in the identification of fewer than 1,000 victims in accordance with federal guidelines. Doubtless, many more have been identified and serviced by social service agencies without meeting federal guidelines for certification. But even if they are triple, or quadruple, the official number, the heartfelt efforts of governmental and non-governmental organizations within the United States merely scratch the surface of a problem that is currently estimated to be overwhelming. The limited success of the U.S.-based approaches to combat human trafficking provides the anti-trafficking community with the opportunity to reassess its foundational assumptions in order to develop more effective and result-generating solutions.

The suggestions found within In Modern Bondage reflect the solutions imagined by the U.N. and implemented by the United States. The United States' laudable laud·a·ble
adj.
Healthy; favorable.
 first steps towards eradicating trafficking might be taken more as a cautionary tale A cautionary tale is a traditional story told in folklore, to warn its hearer of a danger.

There are three essential parts to a cautionary tale, though they can be introduced in a large variety of ways.
 than as a role model. While the moral of this tale is far from clear, Ann Jordan Ann Dibble Jordan was Director of the Department of Social Services for the University of Chicago Medical Center - 1986 to 1987; Field Work Associate Professor at the School of Social Service Administration of the University of Chicago - 1970 to 1987; Director of Social Services of  of Human Rights First has taken a step toward a reassessment of human trafficking by suggesting that its magnitude has been exaggerated (Shapiro 2004).

The publication of In Modern Bondage by the International Human Rights Institute has made a vital contribution to the small but growing body of research on human trafficking. It also illustrates several critical issues currently faced by those working to understand and end human trafficking in its many forms. Confusion regarding the nature of the problem and the difficulty of conducting research on the topic conspire con·spire  
v. con·spired, con·spir·ing, con·spires

v.intr.
1. To plan together secretly to commit an illegal or wrongful act or accomplish a legal purpose through illegal action.

2.
 against researchers in their attempts to develop reliable assessments of its magnitude and responsible approaches to its eradication (most of which focus on law and enforcement). Furthermore, since there is so little research documenting the relationship between human trafficking for the purpose of commercial sexual exploitation and various forms of commercial sexual exploitation, researchers should be on the lookout for in search of; looking for.

See also: Lookout
 opportunities to shed any additional light on the subject. While In Modern Bondage misses the opportunity to critically engage these issues, and would have benefited from more rigorous editing, it lays a strong foundation for further research in the region.

References

Bales, Kevin. 2005. Understanding Global Slavery: A Reader. Berkeley: University of California Press "UC Press" redirects here, but this is also an abbreviation for University of Chicago Press

University of California Press, also known as UC Press, is a publishing house associated with the University of California that engages in academic publishing.
.

Bell, Ernest A. 1910. Fighting the Traffic in Young Girls: or War on the White Slave Trade slave trade

Capturing, selling, and buying of slaves. Slavery has existed throughout the world from ancient times, and trading in slaves has been equally universal. Slaves were taken from the Slavs and Iranians from antiquity to the 19th century, from the sub-Saharan
. Nashville, TN: The Southwestern Company.

Brennan, Denise. 2005. "Methodological Challenges in research with trafficked Persons: Tales from the Field." International Migration. Vol. 43 (1/2).

First World Congress against Commercial Sexual Exploitation of Children, Stockholm, 1996

Free the Slaves and UC-Berkeley. 2004. Hidden Slaves: Forced Labour in the United States. Berkeley: University of California Press.

Friere, Paulo. 2000. Pedagogy of the Oppressed Pedagogy of the Oppressed is the most widely known of educator Paulo Freire's works. It was first published in Portuguese in 1968 as Pedagogia do oprimido and the first English translation was published in 1970. . New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
: Continuum.

Huda, Sigma. 2004. Integration of the Human Rights of Women and the Gender Perspective: Report of the Special Rapporteur on trafficking in persons, especially women and children. U.N. Economic and Social Council. E/CN.4/2005/71, 22 December 2004. Website: http://daccessdds.un.org/doc/ U.N.DOC/GEN/G04/169/28/PDF/G0416928.pdf?OpenElement

International Office of Migration. 2005. Exploratory Assessment of Trafficking in Persons in the Caribbean Region. http://www.iom.int//DOCUMENTS/PUBLICATION/ iom_caribbean_research_2005.pdf

Kelly, Liz. 2005. "'You Can Find Anything You Want': A critical Reflection on research on Trafficking in persons within and into Europe." International Migration, Vol. 43 (1/2).

Laczko, Frank and Marco A. Gramegna. 2003. "Developing Better Indicators of Human Trafficking." Brown Journal of World Affairs The Brown Journal of World Affairs is an American journal of international relations, published bi-annually at Brown University. It was founded in 1993 as the Brown Journal of Foreign Affairs, in response to the emergence of the post-cold war world order. . Summer/fall 2003, Vol. X, Issue 1.

Shapiro, Nina. 2004. "The New Abolitionists." Seattle Weekly Seattle Weekly is a freely distributed newspaper in Seattle, Washington, United States. It was founded by Darrell Oldham and David Brewster, now publisher of Crosscut, as The Weekly, and its first issue came out on March 31, 1976. . (August 25-31). Website: http://www.seattleweekly.com/features/0434/040825_news_slavery.php.

United Nations. 2001. Protocol to Prevent, Suppress and Punish Trafficking in persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. G.A. res, 55/25, annex II, 55U.N. GAO Supp. (no 49) at 60, U.N. Doc A/45/48 (Vol. I). Website: http://www.ohchr.org/english/law/protocoltraffic.htm.

United Nations Education Scientific and Cultural Organization (UNESCO UNESCO: see United Nations Educational, Scientific, and Cultural Organization.
UNESCO
 in full United Nations Educational, Scientific and Cultural Organization
). 2005. UNESCO Trafficking Statistics Database. Website: http://www.unescobkk.org/ index.php?id=1022.

United States' Department of State: Office to Monitor and Combat Trafficking in Persons. 2005. Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, Website: www.state.gov/g/tip/rls/tiprpt/2005/.

--. 2004. Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report, Website: www.state.gov/g/tip/rls/tiprpt/2004/.

(1) Quoted in Bell 1910 (13).

(2) These findings comport See COM port.  with many other assessments of those conditions which give rise to trafficking. It is interesting to note that a prior history of physical or sexual abuse was especially emphasized as a factor contributing to vulnerability to sexual exploitation.

(3) This pessimistic assessment echoes the findings of the 2004 Trafficking in Persons (TIP) Report, issued by the United States Department of State's Office to Monitor and Combat Trafficking in Persons. The TIP Report notes that few of the countries considered in this work are fully complying with minimum standards for the elimination of trafficking established by the TIP Report.

(4) e.g., Convention on the Rights of the Child The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil, political, economic, social and cultural rights of children. ; the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women; and the ILO ILO
abbr.
International Labor Organization

Noun 1. ILO - the United Nations agency concerned with the interests of labor
International Labor Organization, International Labour Organization
 Convention 182 on the Worst Forms of Child Labor child labor, use of the young as workers in factories, farms, and mines. Child labor was first recognized as a social problem with the introduction of the factory system in late 18th-century Great Britain. , etc.

(5) National policies differ, however, on the age (under 18) that trafficking is considered an aggravated ag·gra·vate  
tr.v. ag·gra·vat·ed, ag·gra·vat·ing, ag·gra·vates
1. To make worse or more troublesome.

2. To rouse to exasperation or anger; provoke. See Synonyms at annoy.
 offense. For example, in Honduras, Panama and Nicaragua trafficking of a minor is only an aggravated offense if the minor is less than 12 years old (56).

(6) This lack of political will seems most acute in Nicaragua where the Department of Labor, formally tasked with investigating cases of commercial sexual exploitation, only requests that first-time offenders stop the offending activity.

(7) In 2005 the IOM released an Exploratory Assessment of Trafficking in Persons in the Caribbean Region (The Bahamas, Barbados, Guyana, Jamaica, The Netherlands Antilles Netherlands Antilles, island group, an autonomous part of the Netherlands (2005 est. pop. 220,000), 371 sq mi (961 sq km), West Indies. Formerly known as the Dutch West Indies and Netherlands West Indies, they are divided into two groups. , St. Lucia and Suriname). The report takes a broader view of trafficking (to include labor as well as sexual exploitation) and does not estimate the number of victims.

(8) "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 servitude

In property law, a right by which property owned by one person is subject to a specified use or enjoyment by another. Servitudes allow people to create stable long-term arrangements for a wide variety of purposes, including shared land uses; maintaining the
 or the removal of organs..." (U.N. 2001).

(9) I prefer the term "trafficking for sexual exploitation" to the more ribald rib·ald  
adj.
Characterized by or indulging in vulgar, lewd humor.

n.
A vulgar, lewdly funny person.



[From Middle English ribaud, ribald person, from Old French, from
 "sex trafficking." The latter will only be used when quoting the authors.

(10) This essay will avoid the debate regarding prostitution although the book under review provides sufficient material to do so.

(11) Male migrants' only appearance in this research is as contributors to demand. Many of these male migrants are vulnerable to similar structural and economic constraints, not to mention exploitation and trafficking. While trafficking for labor exploitation is beyond the scope of this work, it shouldn't have been left out so completely.

(12) See Laczko and Gramegna (2003); Bales (2005); Brennan (2005); and Kelly (2005).

(13) One promising precedent must be noted: The United Nation's Educational, Scientific and Cultural Organization (UNESCO) office in Thailand has created a Trafficking Statistics Project in an attempt to "clarify the bases on which estimates of the numbers of trafficked persons are derived" (UNESCO 2005). Within the database are a wide variety of estimates regarding human trafficking as well as links to the methodology--if available--used to arrive at the number.

(14) In this parable six men are trying to describe an elephant. The man touching the leg is sure that the animal is a tree while the man grasping the tail is sure that it is a rope, and so on.

(15) The "victim-centric" model identifies the trafficked person primarily as a victim rather than as a perpetrator A term commonly used by law enforcement officers to designate a person who actually commits a crime.  of crimes such as prostitution or illegal entry.

(16) Perhaps these recommendations don't filter "up" because, in Paulo Friere's words, "a change in objective reality would threaten the individual or class interests of the perceiver" (Friere 2000: 52).

Austin Choi-Fitzpatrick, holds an M.A. in Human Rights from the Graduate School of International Studies at the University of Denver Background and rankings
The University was founded in 1864 as Colorado Seminary by John Evans, the former Territorial Governor of Colorado, who had been appointed by US President Abraham Lincoln.
. He is a human rights advocate and educator working on issues of human trafficking, modern slavery and human rights education. He is an Outreach Coordinator for both San Diego San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay.  Youth and Community Services (San Diego) and Free the Slaves (Washington, DC) and is a lecturer at San Diego State University San Diego State University (SDSU), founded in 1897 as San Diego Normal School, is the largest and oldest higher education facility in the greater San Diego area (generally the City and County of San Diego), and is part of the California State University system. . One of his recent projects involved the creation and implementation of a grassroots educational campaign serving undocumented migrant workers.
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Title Annotation:In Modern Bondage: Sex Trafficking in the Americas
Author:Choi-Fitzpatrick, Austin
Publication:Human Rights & Human Welfare
Article Type:Book review
Date:Jan 1, 2006
Words:5585
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