At a time when contemporary slavery is on the rise most undergraduate and graduate programs neglect to provide adequate training about this grave human rights violation. Burkes book pro

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“At a time when contemporary slavery is on the rise most undergraduate and graduate programs neglect to provide adequate training about this grave human rights violation. Burke’s book provides a much-needed interdisciplinary text that elegantly addresses the current state of human trafficking, historical perspectives, and provides insight on anti- trafficking efforts.”

Nancy M. Sidun, PsyD, ABPP, ATR, Past Co-Chair of the American Psychological Association’s Task Force on Trafficking of Women and

Girls

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Human Trafficking

With a range of experts from different disciplines and professions, this text comprehensively explains human trafficking as it exists and is being addressed in the twenty-first century. The first section gives an overview of the issue and contextualizes it within a human rights and historical framework. The second section provides the reader with more detailed, interdisciplinary information about trafficking. The third section, which contains a chapter written by a former FBI agent, focuses on the antitrafficking movement and addresses international responses to the problem, as well as considerations for working with victims. Human Trafficking closes with a chapter about how trafficking is being addressed and how indi viduals, larger social groups, and organizations can get involved in putting an end to the crime and to helping survivors.

Human Trafficking is essential reading for professionals in law enforcement, human services, and health care, and for concerned citizens interested in human rights and making a difference in their communities. This book is also intended for use in undergraduate and graduate interdisciplinary courses in human trafficking.

Mary C. Burke is a Professor of Psychology in the Department of Psychology and Counseling at Carlow University in Pittsburgh, Pennsylvania. She has been involved in anti-human trafficking efforts since 2004 and is the founder of the Project to End Human Trafficking (www.endhumantrafficking.org).

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Criminology and Justice Studies Series Edited by Shaun L. Gabbidon, Penn State Harrisburg

Criminology and Justice Studies offers works that make both intellectual and stylistic innovations in the study of crime and criminal justice. The goal of the series is to publish works that model the best scholarship and thinking in the criminology and criminal justice field today, but in a style that connects that scholarship to a wider audience including advanced undergraduates, graduate students, and the general public. The works in this series help fill the gap between academic monographs and encyclopedic textbooks by making innovative scholarship accessible to a large audience without the superficiality of many texts.

For a full list of titles in this series, please visit www.routledge.com/Criminology-and- Justice-Studies/book-series/CRIMJUSTSTUDIES.

Books in the Series

Published: Biosocial Criminology: New Directions in Theory and Research edited by Anthony Walsh and Kevin M. Beaver. Community Policing in America by Jeremy M. Wilson. Criminal Justice Theory: Explaining the Nature and Behavior of Criminal Justice edited by David E. Duffee and Edward

R. Maguire. Lifers: Seeking Redemption in Prison by John Irwin. Race, Law and American Society: 1607 to Present by Gloria J. Browne-Marshall. Today’s White Collar Crime by Hank J. Brightman. The New Criminal Justice: American Communities and the Changing World of Crime Control by John Klofas, Natalie

Hipple, and Edmund McGarrell. The Policing of Terrorism: Organizational and Global Perspectives by Mathieu Deflem. Corrections by Jeanne Stinchcomb. Community Policing by Michael Palmiotto. A Theory of African American Offending by James Unnever and Shaun Gabbidon.

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Human Trafficking

Interdisciplinary Perspectives

Second Edition

Edited by Mary C. Burke

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Second edition published 2018 by Routledge 711 Third Avenue, New York, NY 10017

and by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

© 2018 Taylor & Francis

The right of Mary C. Burke to be identified as the author of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

First edition published by Routledge 2013.

Library of Congress Cataloging in Publication Data A catalog record for this book has been requested

ISBN: 978-1-138-93101-5 (hbk) ISBN: 978-1-138-93103-9 (pbk) ISBN: 978-1-315-67999-0 (ebk)

Typeset in Caslon by Florence Production Ltd, Stoodleigh, Devon, UK

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CONTENTS

PREFACE

SECTION I HUMAN TRAFFICKING EXPLAINED

INTRODUCTION TO HUMAN TRAFFICKING: DEFINITIONS AND PREVALENCE MARY C. BURKE AND BRIAN BRUIJN

HISTORICAL PERSPECTIVE: SLAVERY OVER THE CENTURIES BROOKE N. NEWMAN

SECTION II A CLOSER LOOK

SOCIOLOGICAL PERSPECTIVE: UNDERLYING CAUSES MELISSA SWAUGER, KAY SNYDER, THOMAS NOWAK, AND MARCI COTTINGHAM

FEAR, FRAUD, AND FRANK COMPLEXITIES: THE INFLUENCE OF GENDER ON HUMAN

TRAFFICKING LISA C. RUCHTI

MAKING MONEY OUT OF MISERY: TRAFFICKING FOR LABOR EXPLOITATION JUNE KANE

COMMON FORMS: SEX TRAFFICKING KIMBERLY A. McCABE

THE EXPLOITATION EQUATION: DISTINGUISHING CHILD TRAFFICKING FROM OTHER

TYPES OF CHILD MOBILITY IN WEST AFRICA ANNE KIELLAND

SECTION III THE ANTI-SLAVERY MOVEMENT

DOMESTIC AND FOREIGN POLICY RESPONSES TO THE PROBLEM OF HUMAN

TRAFFICKING

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SANDI DIMOLA AND ALLYSON M. LOWE

VICTIM PROTECTION POLICY IN A LOCAL CONTEXT: A CASE STUDY PATRIZIA TESTAÌ

INTERNATIONAL DEVELOPMENT ISSUES AND OTHER PUSH FACTORS THAT

CONTRIBUTE TO HUMAN TRAFFICKING JAMIE M. TUREK AND LYNSIE CLOTT

THE HUMAN SECURITY FRAMEWORK: THE BEST SECURITY APPROACH TO

PREVENTING AND COMBATTING HUMAN TRAFFICKING LYNSIE CLOTT

LAW ENFORCEMENT CONSIDERATIONS FOR HUMAN TRAFFICKING BRADLEY W. ORSINI

COMBATTING SEX TRAFFICKING THROUGH THE PROSECUTION OF TRAFFICKERS MICHAEL J. FRANK AND G. ZACHARY TERWILLIGER

SECTION IV SUPPORTING SURVIVORS

MENTAL HEALTH CARE: HUMAN TRAFFICKING AND POST-TRAUMATIC STRESS

DISORDER VERONICA M. LUGRIS, MARY C. BURKE, AND LEAH RUSSELL FLAHERTY

HUMAN TRAFFICKING AND ITS CONTRIBUTION TO THE GLOBALIZATION OF

INFECTIOUS DISEASES: IMPLICATIONS FOR VICTIMS AND HEALTH CARE PROVIDERS NICOLE TRAVIS AND NURLAN SHARSHENKULOV

ADDRESSING THE PROBLEM: COMMUNITY-BASED RESPONSES AND COORDINATION JUDY HALE REED

REFERENCES

AUTHOR BIOGRAPHIES

INDEX

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PREFACE

The purpose of this text is to comprehensively present the issue of human trafficking to the reader. While it is intended for upper level undergraduate and graduate students in a variety of disciplines, professionals working in any number of fields including law enforcement, human services or health care will find it informative and useful as well. In addition, the book is a “must read” for concerned citizens interested in human rights and how to make a difference in their communities.

The book is divided into three sections, each of which addresses different aspects of human trafficking. The two chapters in the first section provide an overview of the issue and contextualize it within a human rights and historical framework. The second section comprises five chapters and provides the reader with more detailed information about trafficking from a variety of academic disciplines. The third section focuses on the anti- traficking movement and addresses international responses to the problem as well as considerations for working with victims. Also in the final section is a chapter written from the perspective of a former agent with the United States Federal Bureau of Investigation, which is geared toward training law enforcement. Finally, the text closes with a chapter about how trafficking is being addressed and how individuals, larger social groups, and organizations can get involved in putting an end to the crime and to helping survivors. Chapters begin with learning objectives and conclude with a quiz and questions to stimulate student thinking. Some chapters include case studies/examples.

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SECTION I HUMAN TRAFFICKING EXPLAINED

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1 INTRODUCTION TO HUMAN

TRAFFICKING

DEFINITIONS AND PREVALENCE

Mary C. Burke and Brian Bruijn

The purpose of this chapter is to introduce the reader to the complex issue of human trafficking. A definition is offered and trafficking in its various forms is explained. Characteristics of victims are described, and the right to work is provided as a context in which to understand the relationships between poverty, migration, and trafficking in persons. The extent to which human trafficking occurs is discussed, as well as some of the limitations related to relevant data. The process of trafficking people is reviewed and the chapter closes with an introduction to the issue as it exists in the United States.

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CHAPTER LEARNING OBJECTIVES

Be able to define human trafficking according to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children of the United Nations Convention against Transnational Organized Crime and the US Trafficking Victims Protection Act of 2000 (TVPA).

Understand the differences between human trafficking and other related phenomena such as immigration, emigration, smuggling, and prostitution.

Understand the underlying causes of human trafficking.

Understand the ways in which human trafficking constitutes a violation of fundamental human rights.· Understand the difference in viewing human trafficking as an issue of human rights, crime, migration, and labor.

Human trafficking has received increased attention over the past 10 to 15 years, both in political and public arenas. “Human trafficking” or “trafficking in persons” and “modern slavery” are terms often used interchangeably to refer to a variety of crimes associated with the economic exploitation of people. Human trafficking has been associated with transnational organized crime groups, small, more loosely organized criminal networks and local gangs, violations of labor and immigration laws, and government corruption (Richard, 1999; US Government Accountability Office, 2006; Vayrynen, 2003). At the international level, the United Nations Convention against Transnational Organized Crime, which was adopted by UN General Assembly resolution 55/25, is the primary legal instrument used to combat transnational organized crime.1 The Convention is supplemented by three Protocols, each of which focuses on specific types of organized crime and are as follows: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the Protocol against the Smuggling of Migrants by Land, Sea and Air; and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children defines human trafficking as follows:

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

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removal of organs. (Europol, 2005, p. 10)

The definition of trafficking noted above was intended to facilitate convergence in approaches to the issue by member states of the United Nations around the world. The hope was to enhance international cooperation in addressing trafficking in a manner that would support the end goal of the protocol: to end human trafficking as it exists today. While there have been disagreements about and variations on the definition of human trafficking among practitioners, scholars, activists and politicians (Laczko and Gramegna, 2003; Richard, 1999), this definition is commonly used and has indeed provided the foundation for a legal framework for dealing with the issue. For the purpose of this text the definition above will be used.

The definition comprises three essential parts: recruitment, movement, and exploitation, all of which point to critical aspects of the trafficking process. It is important to note that it is not necessary for “movement” to include crossing from one country into another; an individual can be trafficked within the borders of her or his own country or town and can even be trafficked from the home in which she or he lives, in which case movement is not even relevant. As an example of an in-country situation, it is not uncommon for a girl or woman to be trafficked from the rural areas of Costa Rica to the coastal regions where the commercial sex industry is thriving. Also critical to understanding human trafficking is understanding what is meant by coercion. The term “coercion” in this context specifically refers to (a) threats of harm to or physical restraint against any person; (b) any scheme intended to cause a person to believe that failure to perform an act will result in harm or physical restraint against any person; or (c) the abuse or threatened abuse of the legal process. However, it is essential to take other factors into consideration with regard to coercion, in particular when working with victims of sex trafficking and prostitution, such as whether the individual had any legitimate alternatives to support her basic needs (Hernandez, 2001) when approached by the pimp (trafficker). If not, then the thinking is that desperation to perform responsibilities such as support a child, and feed and keep one’s self safe, can be a form of coercion.

Technically, people are trafficked into a slavery-like situation, however, that distinction is not often made in reference to these terms, meaning the terms human trafficking and slavery are sometimes used interchangeably. This leads to an incomplete and therefore inaccurate representation of human trafficking. Coercive and sometimes forcible exploitation of one human over another has occurred in a variety of forms throughout history, as you will learn more about in Chapter 2 of this text. The primary characteristics of this phenomenon have remained the same over time and include one person exercising fear and sometimes violence based control over another for economic gain. What is typically different in the twenty-first century is that it is far less expensive to purchase or otherwise secure a person today than previously. For example, costs as low as 10 US dollars have been reported in places like South East Asia, with the average cost for a person being 90 US dollars (Free the Slaves, 2010). A second difference is that the relationship between

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the trafficker and the victim is shorter in duration. This is primarily a consequence of the large number of individuals vulnerable to trafficking (i.e., available to be exploited) and the care and health care costs associated with a lifelong or longer-term relationship (i.e., it’s easy and less costly to find a healthy replacement). A trafficker would rather purchase another person for 90 US dollars than invest hundreds or thousands of dollars into maintaining the health and profitability of a victim.

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Forms of Human Trafficking

Categorization of trafficking by the nature of the work performed is a common although misleading practice. Categories of labor and sex trafficking are most often used, however concerns have been raised that this separation may serve to make invisible the sexual exploitation that occurs for most women in this situation, even if they are involved in what might be des cribed as a labor trafficking situation. In other words, a woman may be trafficked primarily for domestic servitude, however it is likely that she will be forced to engage in sex acts as well. This speaks to the unique vulnerabilities of women and girls, which Chapter 5 explores in more detail.

While the type of labor performed by victims is varied (both with regard to labor and sex trafficking), some of the most common forms of human trafficking are noted below.

Bonded labor or debt bondage is a form of human trafficking that most closely parallels slavery, in which a person takes or is tricked into taking a loan. The person must then work to repay the loan; however, the nature of the work and the amount of time necessary to repay the loan are undefined and often remain that way. Individuals in debt bondage may receive food and shelter as “payment” for work, and in some cases victims will not be paid monetarily at all and their debt may increase to account for costs associated with food and shelter. A debt can be passed down for generations, which means that the child or grandchild of the person originally taking the loan is left to pay off the debt. It is important to note that not all instances of work-based debt are human trafficking, as someone may willingly enter into this type of arrangement and actually be fairly compensated for her or his labor.

Chattel slavery is characterized by ownership of one person by another and individuals in this form of slavery are bought and sold as commodities. It is the least common form of human trafficking today; however, it was the most prevalent in the United States until the 1865 passage of the Thirteenth Amendment to the United States Constitution.

Early and forced marriage primarily affects girls and women who are married to men without any choice. They then live as servants to the men and often experience physical and/or sexual violence in the home environment.

Forced labor is characterized by an individual being forced to work against her or his will, without compensation, with restrictions on freedom, and under violence or its threat. This term is also sometimes used in reference to all forms of human trafficking.

Involuntary domestic servitude is a form of forced labor in which an individual performs work within a residence such as cooking, cleaning, childcare, and other household tasks. This becomes trafficking when the employer uses force, fraud and/or coercion to maintain control over the individual and to cause the worker to believe that she or he has no other

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options but to continue in the position. This type of environment puts the individual at increased risk because she or he is isolated and authorities are not able to easily gain access to inspect the workplace.

Sex trafficking is an extremely traumatic form of human trafficking in which a commercial sex act is induced by force, fraud, or coercion; or a sex act in which the person induced to perform is under 18 years of age. Victims of sex trafficking can be girls, boys, women, or men—although the majority are girls and women. It is not uncommon for traffickers to employ debt bondage as an attempt to legitimize their confiscation of the victim’s earnings. Sex traffickers use a variety of methods to control and “break-in” victims, including confinement, physical abuse, rape, threats of violence to the victim’s family, forced drug use, and more. Victims of this form of trafficking face numerous psychological and physical health risks, which are covered in depth in later chapters.

Slavery by descent occurs when individuals are born into a socially constructed class or ethnic group that is relegated to slave status.

Child trafficking involves displacing a child for the purpose of economic exploitation. In the case of children, force, fraud, and coercion do not need to be demonstrated. It is estimated that 5.5 million children are presently victims of trafficking (ILO, 2012). Like adults, children are trafficked for the purpose of labor and sexual exploitation.

Worst forms of child labor is a term that refers to child work that is seen as harmful to the physical and psychological health and welfare of the child. The International Labour Conference in 1999 adopted Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. The sale and trafficking of children is noted in this convention as one of the “unconditional” worst forms of child labor.

Other unconditional worst forms noted in the Convention include “the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances” and “the use, procuring or offering of a child for illicit activities.”

Child soldiering is a form of human trafficking that involves the use of children as combatants; it may also involve children forced into labor or sexual exploitation by armed forces. In this case, traffickers may be government military forces, paramilitary organizations, or rebel groups. In addition to being used directly in armed conflict, children may be used for sexual purposes or forced to work as servants, cooks, guards, messengers, or spies. According to UNICEF 300,000 children worldwide are in a forced combat scenario.

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Organ Trafficking

Advances in the medical field have led to improvements in the identification and treatment of a wide range of illness and injury to the human body. In part, advances include increases in organ transplantation, which is the use of viable organs from either healthy or recently deceased individuals to support the physical wellness of those with compromised functioning. The demand for organs is in excess of organ availability and perhaps not surprisingly, this imbalance is being met through the criminal industry of organ trafficking. That is, the illegal procurement and sale of healthy organs for use in medically fragile patients.

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The Trafficked Person

In popular stereotypes victims of human trafficking are often portrayed as innocent young girls who are lured or kidnapped from their home countries and forced into the commercial sex industry (Bruckert and Parent, 2002). While this is not necessarily an erroneous depiction, girls are by no means the only victims of trafficking. Women, men, and children of all ages can be trafficked for sex and labor. Those at risk of trafficking most often come from vulnerable populations including undocumented migrants, runaways, LGBT and other at-risk youth, females and members of other oppressed or marginalized groups, and the poor. Traffickers target individuals in these populations because they have few resources, limited social support and work options. This makes them easier to recruit through deception or force and they tend to be easier to control.

At-risk youth and runaways are targeted by traffickers and by pimps for labor exploitation, begging, and very often for commercial sex (Estes and Weiner, 2002; Finkelhor and Ormrod, 2004). Pimps and sex traffickers manipulate child victims and are known to make use of a combination of violence and affection in an effort to cultivate loyalty in the victim, which can result in Stockholm Syndrome, a psychological phenomenon wherein hostages experience and express empathy and positive feelings for their captors. This is more likely to develop with children than with adults. This psychological manipulation reduces the victim’s likelihood of acting out against the trafficker.

A combination of factors make undocumented immigrants extremely vulnerable to being trafficked (Human Rights Watch, 2012). Some of these factors include lack of legal status and related protections, poverty, few employment options, immigration-related debt, limited language skills, and social isolation. It is not uncommon for undocumented immigrants to be trafficked by those from a similar ethnic or national background, which may play into the victims trust in a way that makes her or him more easily deceived.

Regions impacted by political instability and war create an environment that fosters trafficking. In particular, long-term military occupation as well as the presence of “peacekeepers” feed the commercial sex industry in these areas and facilitate the sex trafficking of women and girls (Mendelson, 2005; Morris, 2010). Another situation that promotes trafficking is that of natural disaster. Natural disasters can destroy communities in a matter of minutes and create physical and economic insecurity. Children can be separated from their caregivers, making them prime targets for traffickers. The December 2004 Indian Ocean earthquake and ensuing tsunami is an example of one such natural disaster, where the lives of close to a million children were placed in jeopardy. In this situation, seemingly for the first time, a concerted effort was made to stop human trafficking before it could begin. Another example, although with a bleaker outcome, is the 2007 severe drought in Swaziland during which ECPAT International (End Child Prostitution and Trafficking) found increases in trafficking of children; specifically there were reports of parents trading the bodies of their children for food and water. Natural disasters not only

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impact children, they increase adult vulnerability to trafficking as well. The kind of devastation imposed by disasters of this type can create extreme poverty and make it very difficult to meet basic needs. This, for example, may lead to immigration that, as demonstrated above, can lead to victimization at the hands of a trafficker.

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Globalization, the Right to Work, and Human Trafficking

Globalization has had an enormous impact on the trade in people, widening the gap between rich and poor and making it easier for traffickers to recruit and move victims. In fact, it can be said that those involved in transnational crime have benefited significantly from globalization. Current global conditions have created increased demand for cheap labor, thereby increasing migration and consequently human trafficking and smuggling (Naim, 2006). Increased supply of individuals vulnerable to exploitation is present because globalization has contributed to an increase in economic disparities between more developed and developing countries. Tourism has also grown because of globalization, which makes it easier for consumers of the sex industry to travel and engage in sex tourism.

The right to work is the concept that every human has the right to work and to be fairly compensated. The term was coined by French socialist leader Louis Blanc in the early nineteenth century. The right to work is articulated in the Universal Declaration of Human Rights (1948) and elaborat

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