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Monday, November 23rd, 2009 - 3 comments

Help stop trafficking now

It’s shocking: Between 500,000 to 2 million people, mostly women and children, are trafficked every year according to a UN study on violence against women.

There is an urgent need to eradicate trafficking, a form of violence against women and girls, often including rape and physical abuse.

  • What are some of the best practices in preventing trafficking of women?
  • How do we protect victims from further abuse and violence?

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Why we are doing it

The international community has just finished Violence Against Women Awareness month (October), and the challenges are still there. At least one in three women experiences some form of violence in their lifetime according to the UN Secretary-General’s In-Depth Study on Violence against Women.

Trafficking occurs both for sex-work and non-sex work. According to Globalrights.org, “Trafficking is the recruitment, harboring, transporting, providing or obtaining, by any means, any person for labor or services involving forced labor, slavery or servitude in any industry…”

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The views expressed in this blog-post are solely those of the author.

Comments (3)

Mattia Cabitza
Wednesday 25th November, 2009, 12:10pm

so, here are my answers:

- What are some of the best practices in preventing trafficking?
the whole male population should be castrated. that would not only
solve the problem of trafficking, but also rape, unwanted pregnancies,
overpopulation, and indirectly climate change. but since no country is
going to implement this - they are, after all, pretty much all run by
men - there may be more practical ways for which there can be a more
unanimous consensus. among the many things that lead women to fall
victims of organised criminal organisations i should mention poverty,
lack of education, lack of jobs. so, it's in the interest of rich
nations to help developing ones achieve better standards of living.
this may take time, so in the meantime a start may be a campaign in
target countries to educate women on how not to fall into the hands of
human traffickers. as for the other side of the coin, there should be
more punishable sentences and better law enforcement in countries
where the demand for women is high, with jail terms for crimes
committed abroad as well, in addition to a campaign in those countries
as well to educate men. in short, by tackling the sources that feed
into the supply and demand chain, women traffickers should, in theory,
disappear.

- How do we protect victims from further abuse and violence?
by calling them victims, i assume we're talking about women that have
been rescued from the hands of human traffickers. in which case the
state should be responsible for helping them safely return to their
native country, where possible, and where they are not a risk again
(their parents might have sold their daughters in the first place, so
no good returning them there!) or helping them integrate in their host
country by offering counselling, job training, language courses... who
pays for all of this? how about ceasing the assets of the perpetrators
- they're in jail anyway; they won't need them! and maybe their
testicles will be worth something in china - or is it just tiger balls
that are aphrodisiac?

Mary C. Ellison
Sunday 29th November, 2009, 4:15pm

What are some of the best practices in preventing trafficking?

In order to prevent trafficking, we must address the demand for the sale of human beings for sex. Donna Hughes talks about the fact that we have a culture that tolerates and promotes sexual exploitation – including sex trafficking and prostitution. She also rightly points out that the governments of many countries also tolerate sex trafficking and prostitution. See: Donna Hughes, “The Demand for Victims of Sex Trafficking,” 2005 (www.uri.edu/artsci/wms/hughes/demand_for_victims.pdf).

We must work on addressing the demand by ensuring that laws penalizing the purchasers of sex are enforced. Why do we punish men who rape women and girls more harshly than those who pay to rape women and girls? Women and girls who are trafficked for the purpose of prostitution do not generally choose such a life. We need to raise awareness in society among men, boys, women and girls that buying and selling sex is inherently harmful to those involved and does not promote the inalienable right to dignity and equality enshrined in the Universal Declaration of Human Rights. See: “Buying Sex Stops Here,” Action Network to End Sexual Exploitation in Minnesota, 2008 (www.mcbw.org/files/u1/Talking_Points_as_of_8-18-08.pdf).

How do we protect victims from further abuse and violence?

We must first be able to identify victims of human trafficking, recognizing that human trafficking involves not only foreign nationals trafficked into countries like the United States, but citizens and legal permanent residents who are trafficked within countries. Human trafficking indicators and screening questions have been developed to assist non-governmental organizations, law enforcement and others to identify trafficking victims. See: UNODC Anti-Human Trafficking Manual, Module 2, 2009 (www.unodc.org/unodc/en/human-trafficking/anti-human-trafficking-manual.html).

Once identified, victims need basic benefits and services, protection in court proceedings, compensation, and the right to file a civil claim for damages at a minimum. Law enforcement, service providers and medical professionals, in particular, should look beneath the surface of any situation where they suspect an individual has been trafficked for labor or for sexual exploitation. In particular, individuals detained on prostitution-related offenses must be screened given the clear links between sex trafficking and prostitution. While not all individuals involved in prostitution are trafficked, some will clearly meet the definition of a trafficking victim under the UN Protocol definition, national or local law (www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_%20traff_eng.pdf).

Trafficking victims also need a reflection and recovery period during which time they should be eligible to receive services and benefits regardless of their immigration or other status, or their ability or willingness to cooperate with law enforcement and prosecutors. See: U.N.O.D.C Model Law, Art. 18 (www.unodc.org/documents/human-trafficking/UNODC_Model_Law_on_Trafficking_in_Persons.pdf).

At the same time we protect those devastated by this grave human rights violation, we must also prosecute the traffickers, pimps and purchasers. Victims will not be free from this abuse until the perpetrators are held accountable. This means that national and local laws must be strong and effective. In 2009, spurred on by the recommendations of the Sex Trafficking Needs Assessment for the State of Minnesota, we worked with our statewide human trafficking task force to draft amendments to strengthen Minnesota’s state law, which compliments the federal Trafficking Victims Protection Act. See Sex Trafficking Needs Assessment for the State of Minnesota, The Advocates for Human Rights (2008)(www.theadvocatesforhumanrights.org/Issues_Affecting_Women880.html).

The amendments to Minnesota Statute § 609.322, effective August 1, 2009, will:

• Provide law enforcement and prosecutors with the ability to arrest and charge sex traffickers with higher penalties where an offender repeatedly traffics individuals into prostitution, where bodily harm is inflicted, where an individual is held more than 180 days, or where more than one victim is involved;
• Increase the fines for those who sell human beings for sex; and
• Criminalize the actions of those individuals who receive profit from sex trafficking.

Here in Minnesota, we also need to ensure that our criminal justice system professionals receive training on both the federal and state laws on human trafficking; to secure permanent funding for victims of human trafficking; and to dedicate resources to public education and awareness. All of these elements together will ensure that victims are protected from further abuse and violence.

Mary C. Ellison, Esq.
Women’s Program Staff Attorney
The Advocates for Human Rights
650 Third Avenue South, Suite 1240
Minneapolis, MN 55402-1940 USA
www.theadvocatesforhumanrights.org
www.StopVaw.org

Radha Patel
Monday 30th November, 2009, 1:24pm

Very helpful for this conversation. Thank you for the contribution. Minnesota seems to be very proactive about trafficking. I wonder how we can get other governmental bodies to follow suit.

Many places still don't have proper legal protections as mentioned above. International law is only as strong as much as it is taken seriously. Are there real consequences for governments not following the statutes of international law on trafficking?

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Guest Editor

Radha Patel

Consultant, UNFPA

About

Radha Patel is freelance consultant, working in international development and public administration. A San Francisco native, Radha is currently in New York working for the UNFPA. She enjoys hiking, kayaking and walking in nature when she has the opportunity. Radha finished her postgraduate education at Columbia University and the London School of Economics, respectively.

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