Sex Trafficking Violations
‘Sex trafficking is a serious violation of human rights’.
For Lee (2011), there is a common-sense assumption, due to media promulgation and massaged statistics, that immigrants, trafficked women and prostitutes are affiliated; this essay will highlight that this rhetoric is nonsensical and, that while migrants and autonomous sex-workers often retain their own agency, trafficked women are owned and dehumanised (George, 2012). Victims are generally the most vulnerable and face degradation and abuse which autonomous sex-workers and migrants may never experience (UNODC, 2013). For Lee (2011) trafficking is a global problem and equates to ‘modern-day slavery’; it is based on greed and its revenue exceeds both illegal drugs and arms trafficking …show more content…
(McKelvey, 2004). Probably the most serious violation of Human Rights, it is substantially different from ‘agentic’ prostitutioni : “wherever they operate, traffickers are motivated by profit” (op cit: 201).
Confusion also surrounds smuggling and trafficking which stems from unreliable statistics and rhetoric: “border authorities do not always distinguish between trafficking, smuggling and irregular migration” (Lee, 2011:19).
Notwithstanding, smuggling is a migration concern, almost always involves consent and contact usually ceases after transportation. For Bales (1999) trafficking relies on deception, violence and exploitation long after transportation culminates and is a serious Human Rights concern, not least because it defies article 3 of the Human Rights Act: the prohibition of torture and of cruel, inhuman or degrading treatment or punishments (justice.org). Solving the ‘problem’ of trafficking is allegedly high on the agenda for many countries yet stopping it altogether is questionable: “Human Trafficking is a complex and hidden crime” and there is “no ‘one size fits all’ solution” (Winterdyk: …show more content…
291).
‘Owning’ humans is hardly a modern-day concept; slavery was widely accepted until it was formally abolished in the 19th century (Monzini, 2005). However, due to patriarchal hegemonyii (Carlen, in Barton et al, 2007) the trafficking of young women for sex-slavery continued until it was recognised as a real problem in the twentieth century; in 1902 it was labelled the ‘white slave trade’iii (op cit).
Many laws were introduced but The Palermo Protocol 2000 was the most widely ratified. Article 3 describes trafficking as:
“the recruitment, transportation, transfer… of persons, by means of threat or use of force or other forms of coercion … or of the giving or receiving of payments…having control over another person for the purpose of exploitation” (in Monzini, 2005).
This includes whether or not consent was given for movement, as victims only agreed to be moved and not enslaved but traffickers are ruthless both in the way they treat victims and the victims they insidiously pursue (Winterdyk et al, 2012).
There are various factors which ‘push’ people into transit including civil war, natural disasters and disparities in economic wealth (Bales, 1999). Pull factors include guaranteed migration, economic rewards and the promise of education amongst others. This makes trafficking relatively simple if the right people are targeted. The most poor and vulnerable are offered a chance to enter the ‘land of plenty’ and many are duped by the false promises of regular work and high salaries; this does not rest at sex-workers but extends to all labour markets. If a country’s nationals shun ‘menial’ jobs for low pay, migrants are happy to take up new employment. They soon realise that they have been duped but are helpless to resist; the work is hard, the pay is meagre and there are dangers to health and life as was witnessed with the tragedy of 21 Chinese cockle-pickers who drowned at Morecambe Bay (Lee, 2011). Notwithstanding, the majority of trafficked people are women and for Lee (2011:6) “globalisation is highly gendered”; since the 1960s many have experienced a ‘feminisation of migration’iv (Chammartin, 2002).
Figures surrounding trafficked women and girls are very much ‘guesstimated’. It is impossible to accurately say how many there are in any one country at any one timev ; figures show huge discrepancies and are wholly unreliable (George, 2012). There are heterogeneous reasons for this disparity: victims may not realise they are victims (Helm and Townsend, 2013), there are a hidden number that are never discovered and remain ‘invisible’ and even those known to be in the process of being trafficked are not always protected; corrupt officials from poor countries are happy to turn a blind eye to trafficking for a small bribe (Ebbe and Das, 2012). Furthermore, the media, state, moral crusaders and propagandists are accused of “manipulating figures” for their own benefits (Lee, 2011:20). Conjointly, victims initially registered as trafficked may later disappear from official statistics and be swiftly removed from the country, particularly if they are ‘awkward’ or an ‘illegal’ without documentation (Winterdyk et al, 2012).
Society is suspicious of immigrants which is fuelled by the media promulgating that they are responsible for the shortage of social housing and jobs and of the impending threat of terrorism (Milmo, 2009).
Goodey (2005) argues that society labels immigrants as ‘outsiders’ and so are ‘undeserving’ victims. For Sivanandan (in Scraton, 2002) following the credence that discrimination against blacks was unacceptable, racism exacerbated into a fear of all foreigners. Authoritarian populism demands strict border-controls and expulsion of ‘illegals’ (op cit) even when they are victims of Human Trafficking (Milmo, 2009). Simultaneously, politicians react in knee-jerk fashions to win votes and popularity; Tony Blair reacted to the publics’ concerns by promising to flout the Human Rights Treaty which states that shelter must be provided to refugees and asylum seekers (Milmo,
2009).
Article 13 of the Human Rights Bill allows for the freedom to move from country to country which should enable women to freely, and safely, move to other countries to find work yet gatekeepers block their entry (Milmo, 2009).Sivanandan (in Scraton, 2002) claims that since the ‘war on terror’ was declared borders are tightly guarded in order to prevent ‘mass destruction’. For Klein (2007) ‘shock and awe’ shape policies: whilst society is in a state of shock it is the perfect time for the state to pass laws that would normally face objections. Following 9/11 security became ‘paramount’ and ‘illegals’ were to be removed immediately; including, it would seem, the victims of human trafficking. This conflicts with the basic human rights that should be afforded to all victims of trafficking but, in particular, to women and children who are most vulnerable and liable to be re-trafficked (Milmo, 2009).
Nonetheless, in 2003 legislation made Human Trafficking a criminal offence into, out of, or within the UKvi. ‘Care’ was to be provided to victims but critics state this is just political rhetoric (Ebbe and Das, 2008). There is a bifurcation between the Human Rights of victims and the polity of a country and, regrettably, the latter usually takes precedence (Corrigan, 2001).
The Human Rights Bill, article 1, states that everybody is equal both in dignity and rights yet the state diagnoses a hierarchy of victims (Lee, 2011). Only those that are chaste and pure and did not ‘choose’ to be engaged in sex-work are ‘ideal’ victims and deserve after-care (ibid). Conversely, women who ‘choose’ to prostitute themselves are deemed to be unworthy of support and sympathy: even though they did not agree to be oppressed and enslaved (Ebbe and Das, 2008). If they have previously worked in the sex industry they are deemed anomic and laissez-faire attitudes are adopted (Bales, 1999). Doezema (2000:47) claims that “guilty sex workers do not gain the same recognition” (emphasis added). Even historically, women, not men, have faced prejudice surrounding immoral/amoral, ‘non-Christian’ behaviour: “…in the Middle Ages … promiscuity explained a woman’s death during childbirth” (Burgess, 2011:5).
Society postulates that women are the ‘problem’ regardless that it is usually men who are the cornerstone of prostitution and trafficking (McCormack, 2009). Further, victims without legal permission to enter the country are treated with the same disdain but are also often criminalised (Helm and Townsend, 2013). As both ‘illegal’ and ‘immoral’ they are the pinnacle of ‘other’ and are, as women, doubly deviant (Barton et al, 2011). Nonetheless, some women are offered (short-term) help from the state but those that have escaped do not ‘qualify’; only those who are literally ‘saved’ in raids receive help (Lee, 2012). Those that do not qualify are sent home and face the possibility of being re-trafficked which for Monzini (2005) can be as many as fifteen times. Women who are returned to their country face shame and humiliation and are shunned by their community, families and neighbours; they become isolated which leaves them once again poor, vulnerable and the perfect target for trafficking (Lee, 2012).
Yet even ‘deserving’ victims have no legal status to remain in Britain and are permitted around 8 months maximum to ‘recover’ from their trauma (ibid). Victims must fit certain criteria, not least that they must be over 18 years of age to receive any form of accommodation (UNHCR, 2011). Subsequently, they must fully comply with authorities to bring about a conviction against the trafficker even though they may be living in fear of repercussions for themselves and family members (Monzini, 2005). Many victims are wary of giving any evidence as they have been educated into fearing the authorities and believe that they will be arrested for working illegally in the country (Corrigan, 2001). Furthermore, there may be a language barrier as many of the girls only speak their mother-tongue; an added bonus for traffickers should they face questioning by the authorities (op cit). Many trafficked women cannot testify accurately as they may have lived a drug-induced existence throughout their ordeal and so have little recollection of reality (Monzini, 2005). For Butterwek (in Monzini, 2005) even victims who are not drugged are so disorientated by the psychological harms, they can no longer recall which country they are staying in. Similarly, girls who work in lap-dancing bars, telephone sex-workers and strip clubs remain off the radar for police intervention whilst the girls that work there believe they are ‘lucky’ to be in a job (Monzini, 2005).
Although the Human Rights bill (article 23) affords the freedom to choose employer and the right to suitable working conditions this is a clear breach for trafficked victims. This mistreatment starts the minute they are ‘recruited’ by ‘pimps’ and ‘gang-masters’; according to the charity Not for Sale (2013) many people lose their lives in transit. Both men and women are transported in unsafe, unsanitary conditions and women who refuse to sell sex are often raped en route by the trafficker so that their argument becomes fruitless (ibid). Helm and Townsend (2013) claim one woman was raped over 90 times in one weekend and the majority are forced to work long hours in dreadful conditions. Women receive little food or warmth and are forbidden from leaving the accommodation; depression, weight loss, sexually transmitted diseases, mental health issues and suicidal tendencies are all common (Monzini, 2005). This does not apply to women alone but men are largely absent when epitomizing ideal victims even though they too are beaten, raped and psychologically scarred by trafficking (Lee, 2011).
Trafficked women are essentially commodities but soon lose their value and are easily replaced; traffickers only want to ‘foster’ women as long as they are profitable (Bales, 1999). Once victims are no longer lucrative they are quickly interchanged leaving the victim at risk of being deported and then re-trafficked elsewhere. Women who have themselves been victims of trafficking often help in the recruitment of others once they are no longer ‘suitable’ for the clients’ sexual preferences (Ebbe and Das, 2008).
The penalties for trafficking and the success of prosecution are haphazard. Traffickers realise they have little to fear from being caught; immense profit makes trafficking a worthwhile gamble (Not for Sale, 2013). The 2009 Coroners and Justice Act explicitly criminalizes slavery without a precondition of smuggling into the United Kingdom yet to date there have been no prosecutions (UNHCR, 2011).The Home Office only made 35 successful prosecutions during 2010 and a disappointing 32 convictions the previous year (ibid). Owing to managerialism, police officers are ‘targeted’ by key performance indicators yet trafficking does not appear in their targets: "Human trafficking is not a performance indicator for police, until it is, there is more incentive to investigate a shed burglar" (chief inspector of police, in Helm and Townsend, 2013:1).Sentencing for sex-trafficking is less than for rape; in Britain the maximum penalty for rape or forcible sexual-assault is life imprisonment while for trafficking is 14 years, a fine, or both (Crown Prosecution Service). Women are, justifiably, permitted to report ‘marital rape’ yet it appears that trafficked women are not afforded the same right (Gauthier, 2011).
In conclusion, Helm and Townsend (2013) say political indifference and ignorance are blamed for failing to eradicate modern-day slavery and a 2013 report carried out by the Centre for Social Justice (CJS) has made 80 recommendations to address the problem. CJS say an objective political focus and new legislation are paramount, particularly for those who are criminalised by the state when they should be receiving support and sympathy (ibid). Globalisation, the introduction of technological advances and cheap air travel make trafficking easy. New girls are needed to supply the constant demands: Ehreneich and Hochschild (2003:146) protest about tourism brochures that advertise the availability of young Thai girls for sex who are waiting for “white men to give them warmth”. Meanwhile, technology such as the internet has allowed the sex market to flourish and for Bindel (2004) enables traffickers to reach a far wider audience including both ‘customers’ and duped girls. “Sex trafficking simultaneously exploits both the best and the worst aspects of globalization” (Not for Sale, 2013). Nonetheless, although some countries appear to be working hard to eradicate trafficking, until there is a pari passu effort, this will just disperse the problem from one country into another and not address or solve the problem of Human Trafficking (Monzini, 2005).
BIBLIOGRAPHY
Bales, K. (1999) Disposable People: New Slavery in the Global Economy. USA: Berkeley
Barton, A., Corteen, K., Scott, D. and Whyte, D. (2007) Expanding the Criminological Imagination. Oxon: Willan
Bindel, J. (2004) A Critical Examination of Responses to Prostitution in Four Countries. Glasgow: Routes out Press
Burgess, A. (2011) From Morality to Risk and Nudge Changing Languages if Contemporary Policy. Available at: http://www.academia.edu/342706/From Morality to Risk and Nudge Changing Languages of Contemporary Policy from Extreme Pornography to Alcohol and Violent Video Games. Accessed 10 March 2013
Butterwek, B. (1999) Trafficking of Women and Girls for Prostitution: The case of central Europe. Trafficking in Human Beings and New Forms of Slavery. UNICRI: Verona
Chammartin G., (2002) The Feminisation of International Migration Migrant Workers, Labour Education 2002/2004 pages 39-53.Available at: http://www.ilo.org/wcmsp5/groups/public/@ed_dialogue/@actrav/documents/publication/wcms_111462.pdf Accessed 31 March 2013
Corrigan, K. (2001) Putting the Brakes on the Global Trafficking of Women for the Sex Trade. An Analysis of Existing Regulatory Schemes to Stop the Flow of Traffic. Fordham International Law Journal Volume 25 Issue 1 pages 151-214 Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/detail?vid=5&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=edslex&AN=edslex456B298A Accessed 9 March 2013
Crown Prosecution Service (2013) Human Trafficking Sentences Available at: http://www.cps.gov.uk/search.asp?search=human+trafficking+sentence. Accessed 22 March 2013
Davies, N. (2009) Prostitution and trafficking – the anatomy of a moral panic
Guardian Online available at: http://www.guardian.co.uk/uk/2009/oct/20/trafficking-numbers-women-exaggerated
Doezema, J. (2000) Loose women or lost women? The re-emergence of a myth of white slavery in contemporary discourses if trafficking in women. Gender Issues. Volume 18 (1) pages 23-50 Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/detail?vid=7&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=aph&AN=3454464 accessed 6 March 2013
Ebbe, O.N.I and Das, D.K. (2008) Global Trafficking in Women and Children. Florida: Taylor Francis Group
Ehrenreich, B. and Hochschild, A. (2003). Global Woman: Nannies, Maids, and Sex Workers in the New Economy. New York: Metropolitan Books
Gauthier, J. (2011) Prostitution, Sexual Autonomy, and Sex Discrimination Hypatia Journal Volume 26, Issue 1, pages 166–186. Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/pdfviewer/pdfviewer?vid=4&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105 Accessed 4 March 2013
George, S. (2012) The Strong Arm of the Law is Weak: How the Trafficking Victims Protection Act Fails to Assist Effectively Victims of the Sex Trade. Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/detail?vid=9&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=aph&AN=77504605 Accessed 2 March 2013
Goodey, J. (2005) Victims and Victimology. Harlow: Pearson Press
Gould, J. (2012) Slavery’s Global Comeback. The Atlantic. Available at: http://www.theatlantic.com/international/archive/2012/12/slaverys-global-comeback/266354/ accessed 2 April 2013
Helm , T. and Townsend, M. (2013) 'Shameful ' failure to tackle slavery and human trafficking in the UK Available at: http://www.guardian.co.uk/law/2013/mar/09/shameful-failure-slavery-trafficking-uk Accessed 12 March 2013
IRC: International Rescue Committee (2013) Fighting Human Trafficking Available at: http://www.rescue.org/our-work/anti-trafficking-initiative. Accessed 26 March 2013
Justice.org (2013) Advancing access to justice: Human Rights and the Law. Available at: http://www.justice.org.uk/pages/article-3-prohibition-of-torture.html Accessed 8 March 2013
Lawphil Project (2003) Anti-Trafficking In Persons Act of 2003. Available at: http://www.lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html accessed 25 March 2013
Lee, M. (2011) Trafficking and Global Crime Control London: Sage
McCormack, T. (1999) The new slave trade? The term 'trafficking ' depoliticises the debate about immigration and makes everyone into a pathetic victim Available at: http://www.spiked-online.com/site/article/ 6189 Accessed 2 March 2013
McKelvey, T. (2004) Of Human Bondage The American Prospect Available at: http://prospect.org/article/human-bondage Accessed 29 March 2013
Milmo, C. (2009) Prejudice and ignorance skew public view of asylum seekers The Independent online. Available at: http://www.independent.co.uk/news/uk/home-news/prejudice-and-ignorance-skew-public-view-of-asylumseekers-1699213.html. Accessed 16 March 2013
Monzini, P. (2005) Sex Traffic: prostitution, Crime and Exploitation. London: Zed Books
Not For Sale: End Human Trafficking and Slavery (2013) Available at: http://www.notforsalecampaign.org. Last accessed 2 April 2013
Prince, K. (2009) Sex trafficking: facts and fictions Research Institute for Law, Politics and Justice, Keele University Available at: http://socandcrimatkeele.blogspot.co.uk/2009/11/sex-trafficking-facts-and-fictions.html accessed 13 March 2013
Scraton, P. (ed) (2002) Beyond September 11: An Anthology of Dissent London: Pluto Press
UNHCR (2013) Trafficking In Persons Report (2011) available at: http://www.unhcr.org/refworld/country,,,,BMU,,4e12ee3ac,0.html Accessed 12 March 2013
Universal Declaration of Human Rights (1998) Available at: http://www.un.org/en/documents/udhr/ accessed 3 March 2013
UNODC (2013) available at: www.unodc.org/.../human-trafficking/what-is-human-trafficking.htm accessed 2 March 2013
Winterdyk, J., Reichel, P., & Perrin, B. (Eds.) (2012) Human trafficking: International issues and perspectives, Florida: Taylor and Francis
Appendices
For Lee (2011), there is a common-sense assumption, due to media promulgation and massaged statistics, that immigrants, trafficked women and prostitutes are affiliated; this essay will highlight that this rhetoric is nonsensical and, that while migrants and autonomous sex-workers often retain their own agency, trafficked women are owned and dehumanised (George, 2012). Victims are generally the most vulnerable and face degradation and abuse which autonomous sex-workers and migrants may never experience (UNODC, 2013). For Lee (2011) trafficking is a global problem and equates to ‘modern-day slavery’; it is based on greed and its revenue exceeds both illegal drugs and arms trafficking …show more content…
(McKelvey, 2004). Probably the most serious violation of Human Rights, it is substantially different from ‘agentic’ prostitutioni : “wherever they operate, traffickers are motivated by profit” (op cit: 201).
Confusion also surrounds smuggling and trafficking which stems from unreliable statistics and rhetoric: “border authorities do not always distinguish between trafficking, smuggling and irregular migration” (Lee, 2011:19).
Notwithstanding, smuggling is a migration concern, almost always involves consent and contact usually ceases after transportation. For Bales (1999) trafficking relies on deception, violence and exploitation long after transportation culminates and is a serious Human Rights concern, not least because it defies article 3 of the Human Rights Act: the prohibition of torture and of cruel, inhuman or degrading treatment or punishments (justice.org). Solving the ‘problem’ of trafficking is allegedly high on the agenda for many countries yet stopping it altogether is questionable: “Human Trafficking is a complex and hidden crime” and there is “no ‘one size fits all’ solution” (Winterdyk: …show more content…
291).
‘Owning’ humans is hardly a modern-day concept; slavery was widely accepted until it was formally abolished in the 19th century (Monzini, 2005). However, due to patriarchal hegemonyii (Carlen, in Barton et al, 2007) the trafficking of young women for sex-slavery continued until it was recognised as a real problem in the twentieth century; in 1902 it was labelled the ‘white slave trade’iii (op cit).
Many laws were introduced but The Palermo Protocol 2000 was the most widely ratified. Article 3 describes trafficking as:
“the recruitment, transportation, transfer… of persons, by means of threat or use of force or other forms of coercion … or of the giving or receiving of payments…having control over another person for the purpose of exploitation” (in Monzini, 2005).
This includes whether or not consent was given for movement, as victims only agreed to be moved and not enslaved but traffickers are ruthless both in the way they treat victims and the victims they insidiously pursue (Winterdyk et al, 2012).
There are various factors which ‘push’ people into transit including civil war, natural disasters and disparities in economic wealth (Bales, 1999). Pull factors include guaranteed migration, economic rewards and the promise of education amongst others. This makes trafficking relatively simple if the right people are targeted. The most poor and vulnerable are offered a chance to enter the ‘land of plenty’ and many are duped by the false promises of regular work and high salaries; this does not rest at sex-workers but extends to all labour markets. If a country’s nationals shun ‘menial’ jobs for low pay, migrants are happy to take up new employment. They soon realise that they have been duped but are helpless to resist; the work is hard, the pay is meagre and there are dangers to health and life as was witnessed with the tragedy of 21 Chinese cockle-pickers who drowned at Morecambe Bay (Lee, 2011). Notwithstanding, the majority of trafficked people are women and for Lee (2011:6) “globalisation is highly gendered”; since the 1960s many have experienced a ‘feminisation of migration’iv (Chammartin, 2002).
Figures surrounding trafficked women and girls are very much ‘guesstimated’. It is impossible to accurately say how many there are in any one country at any one timev ; figures show huge discrepancies and are wholly unreliable (George, 2012). There are heterogeneous reasons for this disparity: victims may not realise they are victims (Helm and Townsend, 2013), there are a hidden number that are never discovered and remain ‘invisible’ and even those known to be in the process of being trafficked are not always protected; corrupt officials from poor countries are happy to turn a blind eye to trafficking for a small bribe (Ebbe and Das, 2012). Furthermore, the media, state, moral crusaders and propagandists are accused of “manipulating figures” for their own benefits (Lee, 2011:20). Conjointly, victims initially registered as trafficked may later disappear from official statistics and be swiftly removed from the country, particularly if they are ‘awkward’ or an ‘illegal’ without documentation (Winterdyk et al, 2012).
Society is suspicious of immigrants which is fuelled by the media promulgating that they are responsible for the shortage of social housing and jobs and of the impending threat of terrorism (Milmo, 2009).
Goodey (2005) argues that society labels immigrants as ‘outsiders’ and so are ‘undeserving’ victims. For Sivanandan (in Scraton, 2002) following the credence that discrimination against blacks was unacceptable, racism exacerbated into a fear of all foreigners. Authoritarian populism demands strict border-controls and expulsion of ‘illegals’ (op cit) even when they are victims of Human Trafficking (Milmo, 2009). Simultaneously, politicians react in knee-jerk fashions to win votes and popularity; Tony Blair reacted to the publics’ concerns by promising to flout the Human Rights Treaty which states that shelter must be provided to refugees and asylum seekers (Milmo,
2009).
Article 13 of the Human Rights Bill allows for the freedom to move from country to country which should enable women to freely, and safely, move to other countries to find work yet gatekeepers block their entry (Milmo, 2009).Sivanandan (in Scraton, 2002) claims that since the ‘war on terror’ was declared borders are tightly guarded in order to prevent ‘mass destruction’. For Klein (2007) ‘shock and awe’ shape policies: whilst society is in a state of shock it is the perfect time for the state to pass laws that would normally face objections. Following 9/11 security became ‘paramount’ and ‘illegals’ were to be removed immediately; including, it would seem, the victims of human trafficking. This conflicts with the basic human rights that should be afforded to all victims of trafficking but, in particular, to women and children who are most vulnerable and liable to be re-trafficked (Milmo, 2009).
Nonetheless, in 2003 legislation made Human Trafficking a criminal offence into, out of, or within the UKvi. ‘Care’ was to be provided to victims but critics state this is just political rhetoric (Ebbe and Das, 2008). There is a bifurcation between the Human Rights of victims and the polity of a country and, regrettably, the latter usually takes precedence (Corrigan, 2001).
The Human Rights Bill, article 1, states that everybody is equal both in dignity and rights yet the state diagnoses a hierarchy of victims (Lee, 2011). Only those that are chaste and pure and did not ‘choose’ to be engaged in sex-work are ‘ideal’ victims and deserve after-care (ibid). Conversely, women who ‘choose’ to prostitute themselves are deemed to be unworthy of support and sympathy: even though they did not agree to be oppressed and enslaved (Ebbe and Das, 2008). If they have previously worked in the sex industry they are deemed anomic and laissez-faire attitudes are adopted (Bales, 1999). Doezema (2000:47) claims that “guilty sex workers do not gain the same recognition” (emphasis added). Even historically, women, not men, have faced prejudice surrounding immoral/amoral, ‘non-Christian’ behaviour: “…in the Middle Ages … promiscuity explained a woman’s death during childbirth” (Burgess, 2011:5).
Society postulates that women are the ‘problem’ regardless that it is usually men who are the cornerstone of prostitution and trafficking (McCormack, 2009). Further, victims without legal permission to enter the country are treated with the same disdain but are also often criminalised (Helm and Townsend, 2013). As both ‘illegal’ and ‘immoral’ they are the pinnacle of ‘other’ and are, as women, doubly deviant (Barton et al, 2011). Nonetheless, some women are offered (short-term) help from the state but those that have escaped do not ‘qualify’; only those who are literally ‘saved’ in raids receive help (Lee, 2012). Those that do not qualify are sent home and face the possibility of being re-trafficked which for Monzini (2005) can be as many as fifteen times. Women who are returned to their country face shame and humiliation and are shunned by their community, families and neighbours; they become isolated which leaves them once again poor, vulnerable and the perfect target for trafficking (Lee, 2012).
Yet even ‘deserving’ victims have no legal status to remain in Britain and are permitted around 8 months maximum to ‘recover’ from their trauma (ibid). Victims must fit certain criteria, not least that they must be over 18 years of age to receive any form of accommodation (UNHCR, 2011). Subsequently, they must fully comply with authorities to bring about a conviction against the trafficker even though they may be living in fear of repercussions for themselves and family members (Monzini, 2005). Many victims are wary of giving any evidence as they have been educated into fearing the authorities and believe that they will be arrested for working illegally in the country (Corrigan, 2001). Furthermore, there may be a language barrier as many of the girls only speak their mother-tongue; an added bonus for traffickers should they face questioning by the authorities (op cit). Many trafficked women cannot testify accurately as they may have lived a drug-induced existence throughout their ordeal and so have little recollection of reality (Monzini, 2005). For Butterwek (in Monzini, 2005) even victims who are not drugged are so disorientated by the psychological harms, they can no longer recall which country they are staying in. Similarly, girls who work in lap-dancing bars, telephone sex-workers and strip clubs remain off the radar for police intervention whilst the girls that work there believe they are ‘lucky’ to be in a job (Monzini, 2005).
Although the Human Rights bill (article 23) affords the freedom to choose employer and the right to suitable working conditions this is a clear breach for trafficked victims. This mistreatment starts the minute they are ‘recruited’ by ‘pimps’ and ‘gang-masters’; according to the charity Not for Sale (2013) many people lose their lives in transit. Both men and women are transported in unsafe, unsanitary conditions and women who refuse to sell sex are often raped en route by the trafficker so that their argument becomes fruitless (ibid). Helm and Townsend (2013) claim one woman was raped over 90 times in one weekend and the majority are forced to work long hours in dreadful conditions. Women receive little food or warmth and are forbidden from leaving the accommodation; depression, weight loss, sexually transmitted diseases, mental health issues and suicidal tendencies are all common (Monzini, 2005). This does not apply to women alone but men are largely absent when epitomizing ideal victims even though they too are beaten, raped and psychologically scarred by trafficking (Lee, 2011).
Trafficked women are essentially commodities but soon lose their value and are easily replaced; traffickers only want to ‘foster’ women as long as they are profitable (Bales, 1999). Once victims are no longer lucrative they are quickly interchanged leaving the victim at risk of being deported and then re-trafficked elsewhere. Women who have themselves been victims of trafficking often help in the recruitment of others once they are no longer ‘suitable’ for the clients’ sexual preferences (Ebbe and Das, 2008).
The penalties for trafficking and the success of prosecution are haphazard. Traffickers realise they have little to fear from being caught; immense profit makes trafficking a worthwhile gamble (Not for Sale, 2013). The 2009 Coroners and Justice Act explicitly criminalizes slavery without a precondition of smuggling into the United Kingdom yet to date there have been no prosecutions (UNHCR, 2011).The Home Office only made 35 successful prosecutions during 2010 and a disappointing 32 convictions the previous year (ibid). Owing to managerialism, police officers are ‘targeted’ by key performance indicators yet trafficking does not appear in their targets: "Human trafficking is not a performance indicator for police, until it is, there is more incentive to investigate a shed burglar" (chief inspector of police, in Helm and Townsend, 2013:1).Sentencing for sex-trafficking is less than for rape; in Britain the maximum penalty for rape or forcible sexual-assault is life imprisonment while for trafficking is 14 years, a fine, or both (Crown Prosecution Service). Women are, justifiably, permitted to report ‘marital rape’ yet it appears that trafficked women are not afforded the same right (Gauthier, 2011).
In conclusion, Helm and Townsend (2013) say political indifference and ignorance are blamed for failing to eradicate modern-day slavery and a 2013 report carried out by the Centre for Social Justice (CJS) has made 80 recommendations to address the problem. CJS say an objective political focus and new legislation are paramount, particularly for those who are criminalised by the state when they should be receiving support and sympathy (ibid). Globalisation, the introduction of technological advances and cheap air travel make trafficking easy. New girls are needed to supply the constant demands: Ehreneich and Hochschild (2003:146) protest about tourism brochures that advertise the availability of young Thai girls for sex who are waiting for “white men to give them warmth”. Meanwhile, technology such as the internet has allowed the sex market to flourish and for Bindel (2004) enables traffickers to reach a far wider audience including both ‘customers’ and duped girls. “Sex trafficking simultaneously exploits both the best and the worst aspects of globalization” (Not for Sale, 2013). Nonetheless, although some countries appear to be working hard to eradicate trafficking, until there is a pari passu effort, this will just disperse the problem from one country into another and not address or solve the problem of Human Trafficking (Monzini, 2005).
BIBLIOGRAPHY
Bales, K. (1999) Disposable People: New Slavery in the Global Economy. USA: Berkeley
Barton, A., Corteen, K., Scott, D. and Whyte, D. (2007) Expanding the Criminological Imagination. Oxon: Willan
Bindel, J. (2004) A Critical Examination of Responses to Prostitution in Four Countries. Glasgow: Routes out Press
Burgess, A. (2011) From Morality to Risk and Nudge Changing Languages if Contemporary Policy. Available at: http://www.academia.edu/342706/From Morality to Risk and Nudge Changing Languages of Contemporary Policy from Extreme Pornography to Alcohol and Violent Video Games. Accessed 10 March 2013
Butterwek, B. (1999) Trafficking of Women and Girls for Prostitution: The case of central Europe. Trafficking in Human Beings and New Forms of Slavery. UNICRI: Verona
Chammartin G., (2002) The Feminisation of International Migration Migrant Workers, Labour Education 2002/2004 pages 39-53.Available at: http://www.ilo.org/wcmsp5/groups/public/@ed_dialogue/@actrav/documents/publication/wcms_111462.pdf Accessed 31 March 2013
Corrigan, K. (2001) Putting the Brakes on the Global Trafficking of Women for the Sex Trade. An Analysis of Existing Regulatory Schemes to Stop the Flow of Traffic. Fordham International Law Journal Volume 25 Issue 1 pages 151-214 Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/detail?vid=5&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=edslex&AN=edslex456B298A Accessed 9 March 2013
Crown Prosecution Service (2013) Human Trafficking Sentences Available at: http://www.cps.gov.uk/search.asp?search=human+trafficking+sentence. Accessed 22 March 2013
Davies, N. (2009) Prostitution and trafficking – the anatomy of a moral panic
Guardian Online available at: http://www.guardian.co.uk/uk/2009/oct/20/trafficking-numbers-women-exaggerated
Doezema, J. (2000) Loose women or lost women? The re-emergence of a myth of white slavery in contemporary discourses if trafficking in women. Gender Issues. Volume 18 (1) pages 23-50 Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/detail?vid=7&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=aph&AN=3454464 accessed 6 March 2013
Ebbe, O.N.I and Das, D.K. (2008) Global Trafficking in Women and Children. Florida: Taylor Francis Group
Ehrenreich, B. and Hochschild, A. (2003). Global Woman: Nannies, Maids, and Sex Workers in the New Economy. New York: Metropolitan Books
Gauthier, J. (2011) Prostitution, Sexual Autonomy, and Sex Discrimination Hypatia Journal Volume 26, Issue 1, pages 166–186. Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/pdfviewer/pdfviewer?vid=4&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105 Accessed 4 March 2013
George, S. (2012) The Strong Arm of the Law is Weak: How the Trafficking Victims Protection Act Fails to Assist Effectively Victims of the Sex Trade. Available at: http://0-ehis.ebscohost.com.library.edgehill.ac.uk/eds/detail?vid=9&sid=e618059f-b7d9-4af9-8943-815184fc1620%40sessionmgr112&hid=105&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=aph&AN=77504605 Accessed 2 March 2013
Goodey, J. (2005) Victims and Victimology. Harlow: Pearson Press
Gould, J. (2012) Slavery’s Global Comeback. The Atlantic. Available at: http://www.theatlantic.com/international/archive/2012/12/slaverys-global-comeback/266354/ accessed 2 April 2013
Helm , T. and Townsend, M. (2013) 'Shameful ' failure to tackle slavery and human trafficking in the UK Available at: http://www.guardian.co.uk/law/2013/mar/09/shameful-failure-slavery-trafficking-uk Accessed 12 March 2013
IRC: International Rescue Committee (2013) Fighting Human Trafficking Available at: http://www.rescue.org/our-work/anti-trafficking-initiative. Accessed 26 March 2013
Justice.org (2013) Advancing access to justice: Human Rights and the Law. Available at: http://www.justice.org.uk/pages/article-3-prohibition-of-torture.html Accessed 8 March 2013
Lawphil Project (2003) Anti-Trafficking In Persons Act of 2003. Available at: http://www.lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html accessed 25 March 2013
Lee, M. (2011) Trafficking and Global Crime Control London: Sage
McCormack, T. (1999) The new slave trade? The term 'trafficking ' depoliticises the debate about immigration and makes everyone into a pathetic victim Available at: http://www.spiked-online.com/site/article/ 6189 Accessed 2 March 2013
McKelvey, T. (2004) Of Human Bondage The American Prospect Available at: http://prospect.org/article/human-bondage Accessed 29 March 2013
Milmo, C. (2009) Prejudice and ignorance skew public view of asylum seekers The Independent online. Available at: http://www.independent.co.uk/news/uk/home-news/prejudice-and-ignorance-skew-public-view-of-asylumseekers-1699213.html. Accessed 16 March 2013
Monzini, P. (2005) Sex Traffic: prostitution, Crime and Exploitation. London: Zed Books
Not For Sale: End Human Trafficking and Slavery (2013) Available at: http://www.notforsalecampaign.org. Last accessed 2 April 2013
Prince, K. (2009) Sex trafficking: facts and fictions Research Institute for Law, Politics and Justice, Keele University Available at: http://socandcrimatkeele.blogspot.co.uk/2009/11/sex-trafficking-facts-and-fictions.html accessed 13 March 2013
Scraton, P. (ed) (2002) Beyond September 11: An Anthology of Dissent London: Pluto Press
UNHCR (2013) Trafficking In Persons Report (2011) available at: http://www.unhcr.org/refworld/country,,,,BMU,,4e12ee3ac,0.html Accessed 12 March 2013
Universal Declaration of Human Rights (1998) Available at: http://www.un.org/en/documents/udhr/ accessed 3 March 2013
UNODC (2013) available at: www.unodc.org/.../human-trafficking/what-is-human-trafficking.htm accessed 2 March 2013
Winterdyk, J., Reichel, P., & Perrin, B. (Eds.) (2012) Human trafficking: International issues and perspectives, Florida: Taylor and Francis
Appendices