THE OUTSIDE DIMENSION TO THE UNITED STATES’ POSITION
IN THE ANTI-(HUMAN) TRAFFICKING MOVEMENT: THE ROLE
OF NONGOVERNMENTAL INFLUENCE
Manpreet Kaur Sidhu‡
ABSTRACT
Global exploitation of human beings is usually associated with the images of men, women, and children working in sweatshops to produce garments for Westerners for pennies a day. However, there
is an even more brutal form of human exploitation taking place. Every year millions of men,
women, and children are trafficked worldwide into forced labour, involuntary servitude, and forced
prostitution. Recently, the United States has made progress in eradicating all forms of human trafficking, by enacting legislation directly attacking this problem through a legal-based approach and a
victim-centred outlook. This article explores the way in which the United States spearheaded the
international movement against human trafficking and sex trafficking. A broader understanding of
the influence of the outside dimension (domestic NGO influence) on US policy process, and in
translating international norms into domestic policy, provides the theoretical framework. The article examines the premise that due to domestic NGO pressure, the United States became a prominent actor in the anti-(human) trafficking movement. The results illustrate that domestic NGOs
influenced the United States to take on a prominent role in the anti-(human) trafficking movement,
and these NGOs utilised international norms to mobilise governmental and public support.
Keywords: human trafficking; international norms; nongovernmental influence; nongovernmental organisations; norm socialisation; public policy; sex trafficking
1. INTRODUCTION
Every year millions of individuals are trafficked worldwide into slavery-like conditions,1 and thousands are trafficked into the United States. Trafficking is more commonly
associated with the illegal trade of goods across borders; however, Flamm notes, “this
trade has taken a giant leap forward to include the trafficking of human beings.”2 Human
trafficking is generally defined as the “transportation of individuals across international
borders by means of fraud, coercion or deception.”3 As indicated by this definition, traf‡
MSc International Public Policy, University College London. For questions or comments, please
contact: mksidhu04@yahoo.com. Author acknowledgments: Many thanks to Dr. Fiona Adamson of University College London, Sandra Hunnicutt of Captive Daughters, family, friends and past professors that I have
been privileged to study under, for their encouragement, kind support, and guidance.
1
“Slavery-like practices” means inducement of a person to perform labour or other services by force,
coercion, or by any scheme, plan, or pattern to cause the person to believe that failure to perform the work
will result in the infliction of serious harm (Trafficking Victims Protection Act, Public Law 106-386).
2
M. Flamm, “Exploited, Not Educated: Trafficking of Women and Children in Southeast Asia”, United
Nations Chronicle (2003), http://www.un.org/pubs/chronicle/2003/issue2.html (accessed 22 March 2006).
3
K. Ryf, “The First Modern Anti-slavery law: The Trafficking Victims Protection Act of 2000,” Case
Western Reserve Journal of International Law 34 (2002), p. 2.
20
VOL. 3, NO. 1 – JUNE 2007
21
ficking in persons can take many forms, with the most prevalent being the commerce of
women and female children.4 Typically, foreign women are offered jobs in the United
States as nannies, models, or waitresses. Once they arrive they are stripped of their passports and other documents, threatened, beaten, and forced (mainly) into prostitution.5 The
following is an excerpt from an account of a trafficking victim who testified before the
2000 US Senate Foreign Relations Committee:
Once in Florida, Abel Cadena, one of the ringleaders, told me I would be working at
a brothel as a prostitute. I told him he was mistaken and that I was going to be
working in a restaurant not a brothel. He then ordered me to work in a brothel. He
said I owed him a smuggling debt of approximately $2200 and the sooner I paid it off
the sooner I could leave… Next, I was given tight clothes to wear and was told what
I must do. There would be armed men selling tickets to customers in the trailer.
Tickets were condoms. Each ticket would be sold for $22 to $25... The client would
then point at the girl he wanted and the girl would take him to one of the bedrooms.
At the end of the night, I turned in the condom wrappers. Each wrapper represented
a supposed deduction to my smuggling fee. We tried to keep our own records, but
the bosses would destroy them. We were never sure what we owed.… We were
constantly guarded and abused. If anyone refused to be with a customer, we were
beaten. If we adamantly refused, the bosses would show us a lesson by raping us
brutally…. We were transported every fifteen days to another trailer in a nearby city.
This was to give the customers a variety of girls and so we never knew where we
were in case we tried to escape. I could not believe this was happening to me.6
Only through real-life accounts like these can we fully understand the nature of this
problem.
The US State Department estimates that between 600,000 and 800,000 people are trafficked globally each year, and an estimated 80 percent are women and girls who mainly
fall victim to the sex trade.7 The Department of Justice estimates that 14,500 to 17,500 of
these individuals are trafficked annually into the United States.8 The United States, as a
key actor in the international political arena and a popular destination country for the trafficking victims, has an enormous impact on the industry. Trafficking has been rightly referred to as a modern form of slavery. Slavery in the United States is typically thought of
as a problem that ended in 1865, as a peculiar, now defunct institution, “framed by images
of the vast Southern plantation, auctioneer’s block, shackle, stockade and lash - all of
which were vanquished following a violent Civil War and by a simple, textual commitment in the Constitution’s 13th Amendment”.9 However, slavery is not just a problem of
yesteryear.
A particular facet of modern slavery has gained widespread international attention:
the sex industry or sex trafficking. Recently the United States has made progress in eradicating all forms of human trafficking, through the creation of the anti-(human) trafficking
divisions in the State Department and Department of Justice. Moreover, the United States
has become the first state to enact legislation directly attacking this problem through a legal based approach and a victim-centred outlook, by means of the Trafficking Victims Protection Act 2000 (TVPA). Each of these ‘steps’ has pushed the United States to the forefront
4
Ibid., p. 3.
Ibid.
6
Polaris Project, “Trafficking Victim’s Testimony (Maria)” (2006), http://www.humantrafficking.com/
humantrafficking/features_ht3/Testimonies/testimonies_mainframe.htm (accessed 6 July 2006).
7
State Department, Trafficking in Persons Report (Washington, DC: US Government Printing Office,
2006), p. 6, http://www.state.gov/g/tip/rls/tiprpt/2006/ (accessed 15 June 2006).
8
Department of Justice, “Assessment of US Government Activities to Combat Trafficking in Persons”,
(2004), p. 6.
9
B. Azmy, “Unshackling the Thirteenth Amendment: Modern Slavery and a Reconstructed Civil
Rights Agenda”, Fordham Law Review vol. 71 (2002), p. 2.
5
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INTERNATIONAL PUBLIC POLICY REVIEW
of the domestic and international anti-trafficking movement, despite the fact that historically the United States has managed to avoid directly addressing the problem. Collective
movements, such as the feminist movement and the religious right movement, crutched
by global norms and embedded within a community of nongovernmental organisations
(NGOs), not only determined how the United States defined the phenomenon of human
trafficking, but also increased awareness within the wider American population. The way
in which the United States spearheaded the international movement against human trafficking and sex trafficking is worthy of study and analysis.
In order to comprehend the effect of these NGO communities, we must better understand the world in which these organisations operate and the mechanisms that allow them
to influence domestic and international affairs. The last several decades have presented
the study of International Relations (IR) with scores of political, economical, and social
challenges. It is in this context that IR scholars have begun to recognise the growing influential role of non-state actors. Such challenges now demand closer scrutiny of the relationships between international norms and domestic politics. A better understanding of
this relationship provides an insight into the role of NGOs in the domestic and international political arenas. This article argues that domestic NGOs influenced the United
States to take on a prominent role in the anti-(human) trafficking movement. The article
also argues that these NGOs utilised international norms to mobilise governmental and
public support.
By enquiring into the nature of NGO activity and NGO impact on policy formulation,
we can better appreciate the nature of government decision-making in relation to the
growing role of nongovernmental actors, agendas, and organisations. Since it is assumed
that the United States holds a hegemonic position in the international arena, it is critical
that we comprehend the mechanisms that drive policy change and/or enactment within
the United States. A better understanding of these processes provides a set of lenses
through which we can see the social, political, and economic ripples of United States policy across the international community.
Local groups and national and international NGOs have generated increasing pressure for government policy formulation. The outside influence of these groups is becoming a growing trend in international affairs. It has given a practical and emancipated voice
to those suffering and deprived of global recognition. It is important and crucial for academia to account for this growing trend and recognise this phenomenon as being revolutionary and an important historical change in our political history.
2. LITERATURE REVIEW
There are many works and bibliographies on the topic of human trafficking in general. However, few of these works reference the factors that pushed the United States to
the forefront of the international movement, and even fewer consider the historical role of
non-state actors in combating the trafficking industry. It is imperative that we begin an
analysis by defining the relevant institutions and processes, which are the focus of the
study below.
2.1 (Domestic) Nongovernmental Organisations
NGOs are not a recent phenomenon; however, lately these organisations have increasingly attracted attention from academia. Matthews attributes this “power shift” to:
the end of the Cold War [which brought] a novel redistribution of power among
states, markets and civil society. National governments are not simply losing autonomy in a globalizing economy. They are sharing powers – including political, social
and security roles at the core of sovereignty – with businesses, with international or-
VOL. 3, NO. 1 – JUNE 2007
23
ganisations, and with a multitude of citizen groups, known as nongovernmental organisations.10
NGOs are now recognised as significant players in domestic and international affairs.
However, the term NGO has become a “catch all phrase” for any organisation that separates itself from government. In order to understand the definition, it is useful to break
down the term and understand each individual component. Lador-Lederer characterizes
NGOs as “non-profit-making,”11 whereas Willetts describes NGOs as “any … non-violent,
organised group of people who are not seeking office.”12 Rosenau maintains that NGOs
should not be solely dependent on governmental resources in order to maintain and promote their ‘nongovernmental’ aspect, implying that they may receive some government
assistance.13
An NGO has the potential ability to influence government. Clark et al. illustrates two
distinct influences: “It enhances political responsiveness by aggregating and expressing
the wishes of the public through a wealth of nongovernmental forms of association, and it
safeguards public freedoms by limiting the government’s ability to impose arbitrary rule
by force.”14 The article focuses on the outside dimension of domestic NGOs on the United
States policy process, thus exemplifying organisations that originally established themselves within the United States domestic realm. Due to the historical nature of the article
and the transnational nature of the problem of human trafficking, a number of these organisations have expanded their operations through the use of international norms.
2.2 International Norm(s)
Scholars of IR have struggled with questions not only about the meaning of norms
but also about the influence of norms on human behaviour. According to Finnemore, a
leading scholar of the modern debates on international norms:
we cannot understand what states want without understanding the international social structure of which they are a part. States are embedded in dense networks of …
international social relations that shape their perceptions of the world and their role
in that world. States are socialized to want certain things by the international society
in which they … live.15
Norms are about “behaviour” and “oughtness”.16 Essentially, norms are about how an
actor should or ought to behave. Finnemore provides a more holistic definition of norms
as “a set of intersubjective understandings readily apparent to actors that makes behavioural claims on those actors.”17 This definition provides a framework within which this
article is structured. It must be noted that norms “are obeyed not because they are en-
10
J. Matthews, “Power Shift”, Foreign Affairs vol. 76 no. 50 (1997), p. 50.
J.J. Lador-Lederer, International Non-Governmental Organizations and Economic Entities (The Netherlands: Sythoff, Leyden, 1963), p. 60.
12
P. Willetts, “The Conscience of the World”: The Influence of Non-Governmental Organizations in the UN System (Hurst, London, 1996), p. 5.
13
J. Rosenau, “NGOs and fragmented authority in globalizing space,” article presented at the Third
Pan-European International Relations Conference and Joint Meeting with the International Studies Association, Vienna, Austria, September 16–19, 1998.
14
A. Clark et al., “The Sovereign Limits of Global Civil Society: A Comparison of NGO Participation in
UN World Conferences on the Environment, Human Rights and Women”, World Politics vol. 51 no. 1 (1998),
p. 1.
15
M. Finnemore, Defining National interests in International Society (Ithaca, NY: Cornell University
Press, 1996), p. 2.
16
Ibid.; A. Florini (1996); J. Thomson (1993).
17
M. Finnemore, “Constructing Norms of Humanitarian Intervention,” article presented at the Annual
Meeting of the International Studies Association, Washington, DC, (1994), p. 2.
11
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INTERNATIONAL PUBLIC POLICY REVIEW
forced, but because they are seen as legitimate”, as Florini observes.18 Florini’s observation
provides an insight into why the international community confronts such problems as
human trafficking. Due to the fact that the anti-trafficking movement is crutched on
global norms, an understanding of the evolution of the definition is imperative.
2.3 Human Trafficking: Defining the Problem
Any study of modern-day slavery in the United States requires an understanding of
its social and historical underpinnings. Kyle and Koslowski state:
[The] trade in humans and migrants is more than a subcategory of global migration…[it] is a subject that intersects contemporary anxieties concerning the global political economy, ethnic and gender stratification, multiculturalism, population
growth, political corruption, transnational crime, the Internet, human rights abuse
and the (in)ability of states and global agencies to control effectively.19
The debates surrounding human trafficking have traditionally “been dominated by governments concerned with irregular immigration and/or transnational organized crimes
(especially after the September 2001 event),” as Obuah notes.20 Ryf argues that there was
an inadequate response by governments to combat the human trafficking industry due to
sheer denial, thus resulting in an eruption of the problem.21
According to the United Nations (UN), human trafficking has exploded into a $7-10
billion global industry.22 Moreover, human trafficking is the world’s fastest growing
criminal activity, ranking third behind trafficking in illegal drugs and arms as noted by
Ryf.23 Soderlund, a leading scholar of historical anti-trafficking initiatives, states that the
UN is the “largest global regulatory institution to declare global sex trafficking a violation
of women’s rights. However, in the last [six] years the United States has positioned itself
as an equally significant force in the anti-trafficking arena.”24 The United States first formally and legally defined trafficking in persons under the TVPA (2000).25 The Act addresses “severe forms of trafficking” as:
(1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years
of age, or (2) the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.26
Ryf, one of the first legal scholars to critically review such modern anti-slavery policies,
notes that the TVPA (2000) is part of the largest anti-trafficking movement and that the
nature and magnitude of this legislation has not been matched by any other actor of the
international community.27
18
A. Florini, “The Evolution of International Norms”, International Studies Quarterly vol. 40 no. 3
(1996), p. 365.
19
D. Kyle and R. Koslowski, Global Human Smuggling: Comparative Perspectives (Maryland: The John
Hopkins University Press, 2001), pp. 4-5.
20
E. Obuah, “Combating Global Trafficking in Persons: the Role of the United States Post-September
2001,” International Politics vol. 43 (2006), p. 243.
21
Ryf, p. 45.
22
State Department (2006), p. 14.
23
Ryf, p. 2.
24
G. Soderlund, “Running from the Rescuers: New US Crusades Against Sex Trafficking and the
Rhetoric of Abolition”, NWSA Journal vol. 17 no. 3 (2005), p. 67.
25
Trafficking Victims Protection Act, Public Law 106-386.
26
Trafficking Victims Protection Act, Public Law 106-386, sec.103
27
Ryf, p. 2.
VOL. 3, NO. 1 – JUNE 2007
25
2.4 Theoretical Underpinnings: Translating International Norms into Domestic Policies
A theoretical framework is required for analysis of the links between NGO influence,
international norms, and the position of the United States in the anti-trafficking movement, to provide an understanding of the foundation of such a relationship. Coleman and
Perl state that “the field of comparative public policy and international relations are edging inexorably toward one another.”28 This understanding of international influences on
public policy has been observed for some time in the field of political science. Nearly
three decades ago, in 1977, Keohane and Nye identified the concept “interdependence” as
a key dynamic of international relations.
Traditionally, scholars noted that states become embedded in a regime of international norms by means of international institutions that shape their own domestic conduct.29 Finnemore 30 and True and Mintrom31 admittedly support the conversion of
international norms into a domestic context via international organisations, while Keck
and Sikkink32 advocate that these socialisation agencies are rather transnational networks
of non-state actors in the form of advocacy groups. A second wave of scholars has argued
that international norms have an important effect on state behaviour via domestic actors
and processes.33 In other words, it is no longer that international organisations and transnational networks are the main entrepreneurs that diffuse international norms into domestic practices, as argued by Risse-Kappen.34 Thus it is increasingly agreed that NGOs
operate in a broader political arena than the purely domestic, and further acknowledged
that they are actors in bringing international agendas to domestic attention, as well as domestic issues to international attention.
Constructivist scholars have recognised the significant influence of norms on states;
however, Price notes that “some critics of constructivism now argue that insufficient attention has been paid to how this occurs.”35 This “how” question illustrates the framework
within which the analysis of this article is structured. Here, a general deficit in the field of
international norm diffusion is identified: the need for a “better understanding of the domestic bases of support for international institutions”, as Cortell and Davis note.36 RisseKappen states that “recent scholarship conceptualizes the diffusion of international norms
into domestic practices as a socialization process.”37 Socialisation has been defined as “the
process by which principled ideas held by individuals become norms in the sense of collective understandings about appropriate behaviour which then lead to changes in identities, interests and behaviour”, as Risse-Kappen and Sikkink illustrate.38 This process
provides a basis for the study and analysis of the topic at hand.
Finally, it is imperative that we utilise real life experience to explain and better understand such a scholarly debate. The study of the outside dimension to the United States’
position in the anti-(human) trafficking movement will provide such vivid examples. The
28
W. Coleman and A. Perl, “International Policy Environments and Policy Network Analysis” Political
Studies XLVII (1999), p. 692.
29
Florini, pp. 363-389.
30
Finnemore (1996).
31
J. True and M. Mintrom, “Transnational Networks and Policy Diffusion: The Case of Gender Mainstreaming,” International Studies Quarterly vol. 45 (2001), p. 27.
32
M. Keck and K. Sikkink, Activist Beyond Borders (Ithaca and London: Cornell University Press, 1998).
33
Such scholars include: A. Cortell and J. Davis (2000); A. Gurowitz (1999); and T. Risse-Kappen
(1999).
34
T. Risse-Kappen, “International Norms and Domestic Change: Arguing and Communicative Behavior in the Human Rights Area,” Politics and Society vol. 27 no. 4 (1999), pp. 539-559.
35
R. Price, “Reversing the Gun Sights: Transnational Civil Society Targets Land Mines,” International
Organization vol. 52, no. 3 (1998), p. 615.
36
A. Cortell and J. Davis, “Understanding the Domestic Impact of International Norms: A Research
Agenda,” International Studies Association (Malden, MA: Blackwell Publishers, 2000), p. 87.
37
Risse-Kappen, p. 529.
38
T. Risse-Kappen and K. Sikkink, “The socialization of international human rights norms into domestic practices: introduction,” in T. Risse-Kappen, S.C. Ropp and K. Sikkink (eds.), The Power of Human
Rights: International Norms and Domestic Change (Cambridge: Cambridge University Press, 1999), p. 11.
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INTERNATIONAL PUBLIC POLICY REVIEW
following section uses the literature discussed here to illustrate the interconnected relationships of NGOs, international norms, and domestic policy within the wider context of
the anti-(human) trafficking movement.
3. ANALYSIS AND DISCUSSION
Trafficking for sexual exploitation has taken place for centuries. The degree of
awareness of this exploitation has fluctuated over the past century. However, once again
this issue has been picked up on the political radar. Stories of brothel raids from Los Angeles to New York have been increasingly familiar since domestic women’s rights and
faith-based organisations began mobilising governmental and public support for the
United States to take on a prominent role in the wider anti-(human) trafficking movement.
On October 28, 2000, President Clinton signed into law the TVPA 2000. The Act was part
of a larger bipartisan crime bill entitled the Victims of Trafficking and Violence Protection
Act (2000).39 Based upon a framework of prevention, protection, and services, with prosecution and law enforcement, it is the first comprehensive legislation dedicated solely to
combating human trafficking.40
The TVPA (2000) was born out of the “alliance between evangelical Christian groups
and contemporary secular feminist anti-trafficking crusaders”, according to Soderlund.41
Faith-based organisations, specifically evangelical Christians, had taken on the issue of
human trafficking during the latter portion of the 1990s.42 These organisations were joined
by women’s rights NGOs “in the name of saving the world’s women,” as Soderlund depicts.43 Leder,44 editor of the famous Take Back the Night, argued that faith-based organisations have created “a fresh perspective and biblical mandate to the women’s movement.
Women’s groups don’t understand that the partnership on this issue has strengthened
them, because they would not be getting attention internationally otherwise.”45 However,
it must be noted that women’s rights NGOs created the initial push of human trafficking
onto the international agenda, by framing the problem as an issue of violence against
women during the 1980s and 1990s.46
The acceleration in the processes of globalisation defines a new dimension in political
history: local groups, domestic, national, and international NGOs, have had an increasing
degree of influence on government policy formulation. The study of IR has grown into a
diverse discipline in which scholars have begun to recognise the influential role of domestic non-state actors and their use of international norms. Realism tends to focus on statecentric power relations arguing that the state is the key actor. Liberalism highlights various actors including states, NGOs, and multinational corporations. In contrast, realists see
the state as a territorially and nationally bounded community with defined borders, where
the domestic is clearly demarcated from the international. Liberals challenge these inside/outside labels of realism by emphasising the cooperative nature of the international
community in a world that has become increasingly interdependent. The processes of
39
Ryf, p. 5.
K. Hyland, “Protecting Human Victims of Trafficking: An American Framework,” Berkeley Women’s
Law Journal vol. 16 (2001), p. 14.
41
Soderlund, p. 68.
42
A. Hertzke, Freeing God’s Children: The Unlikely Alliance for Human Rights (Lanham, MA: Rowman
and Littlefield, 2004).
43
Soderlund, p. 68.
44
L. Leder later founded the Protection Project, a women’s rights nongovernmental organisation. For
further details, refer to Section 3.3.
45
As cited in A. Crago, “Unholy Collaboration,” Rabble (2003),
http://www.rabble.ca/news_full_story.shtml?sh_itm=732c406837d3f11e6560df106fb79c10&rXn=1&
(accessed July 5, 2006).
46
S. Zwingel, “How do international women’s rights norms become effective in domestic contexts? An
analysis of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW),”
(2005), http://deposit.ddb.de/cgibin/dokserv?idn=97814287x&dok_var=d1&dok_ext=pdf&filename
=97814287x.pdf (accessed 12 July 2006).
40
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27
globalisation call for closer scrutiny of the relationships between (domestic) NGO influence, international norms, and domestic policy. Such relationships are explored in the subsequent sub-sections.
3.1 Developing an International Norm
Human trafficking and sex trafficking did not come onto the international political
agenda as an issue in itself; rather it found a place within various international policies
and movements, specifically the violence against women campaign. The discourse concerning violence against women, as well as mobilisation efforts regarding the issue, remained local until the 1980s, when international interest started to develop. Figure 1
details a timeline charting the creation of the international norm that violence against
women is a prominent concern. These developments laid the foundation for efforts to
counter human trafficking and sex trafficking to enter the international political agenda
via such campaigns:
Figure 1: Creating an International Awareness
Year
1975
1980
1981
1985
1992
1993
1995
Developments
UN Conference for International Women’s Year in Mexico
City
Second UN World Conference on Women in Copenhagen
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Third UN Conference on Women in Nairobi and closing of
the UN Decade on Women (1975-1985)
UN Committee to End Discrimination Against Women
(CEDAW) adopts Recommendation No.19 on Violence
Against Women
UN World Conference on Human Rights in Vienna illustrates
the “Declaration on the Elimination of Violence Against
Women” and solidified women’s rights as human rights.
Fourth World Conference on Women in Beijing devotes an
entire section in the Beijing Platform for Action to Violence
Against Women
The UN Conference in Mexico City opened the doors of the international arena to the
women’s rights movement. CEDAW (1981) emphasises the eradication of all forms of discrimination against women; however, the notion of violence against women remained absent and so did human trafficking. Nairobi concluded with the Nairobi Forward-Looking
Strategy, which mentioned violence against women, but only as a side-issue regarding
discrimination and development.47
By the mid-1980s, the topic of violence against women made its way onto the international agenda, but only as an issue of women’s health and crime prevention rather than
an issue of human rights.48 At the same time, Soderlund illustrates that:
attention to international sex-trafficking began … and became visible on two interconnected arenas: in a broad based campaign to introduce women’s sexual and reproductive rights into traditional human rights doctrine and in media attention to the
plight of sex trafficking victims.49
47
A. Bertone, “Transnational Activism to Combat Trafficking in Persons,” Brown Journal of World Affairs vol. 2 (2004), p. 11.
48
Ibid.
49
Soderlund, p. 69.
28
INTERNATIONAL PUBLIC POLICY REVIEW
Here, the United States declared a “War on Crime” in the 1980s, and the women’s rights
movement pushed for attention to crimes against women.50 In these years, the antitrafficking movement altered in outlook and in scope as the United States experienced an
era of political and social transformations.
It was not until the UN conferences in Vienna and Beijing that the issue of violence
against women dominated the campaign for women’s rights with explicit international
norms regulating state behaviour. Thus the issue became a priority of the UN in the 1990s
“when a diverse set of activists organized to bring gender and sexuality into the purview
of traditional human rights doctrine.”51 This problem differed from the classic matters of
suffrage, equality, and prejudice in the global North for Western women. Soderlund argues that it was within “this already narrowed focus, sex trafficking and prostitution surfaced as the most egregious form of violence against women imaginable, and thus
trafficking emerged as the centrepiece of the campaign.”52 Here, the United States implemented the Violence Against Women Act of 1994,53 which set the domestic foundation for
the TVPA (2000).
Finally, these developments exemplify the adaptation of an international norm and
“moral consciousness-raising” which have been “institutionalized” and “habitualized” according to Risse-Kappen and Sikkink.54 Now, with this understanding of the development
of the international awareness about the problems of human trafficking and sex trafficking, we can deduce a correlation between the international campaign to stop violence
against women and the development of the international anti-trafficking movement. Such
an understanding calls for closer analysis of the relationship between the international
arena and the domestic, in order to understand how we arrived at the point where the international anti-trafficking campaign is led by the United States.
3.2 Building a Relationship and Opening a Platform
Traditionally, NGOs had a limited role in UN conferences due to the international
organisation’s intergovernmental rationale.55 At the Women’s Decade conferences, “NGO
participation was initially limited, and few NGOs made official interventions.”56 However, gradually a number of UN bodies accepted NGO input as valuable support for their
work. Figure 2 notes the strengthening of the relationship and the increasing role of
NGOs in the international arena:
50
Ibid.
Ibid.
52
Ibid., p. 70.
53
For further information consult: http://www.endabuse.org/vawa/
54
Risse-Kappen and Sikkink, p. 12.
55
Zwingel, p. 316.
56
For example, only two representatives per accredited NGO were permitted to participate on a limited basis in the governmental conference at Mexico City (Clark et al., p. 22).
51
29
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Figure 2: NGO Participation in UN Conferences57
3500
3,000
Number of NGOs attended
3000
2500
2000
1500
1,400- 1,500
1000
500
0
114
Mexico City (1975)
163
Nairobi (1985)
Vienna (1993)
Beijing (1995)
UN Conferences
As Figure 2 illustrates, at the 1975 Mexico City Conference for International Women’s Year
only 114 NGOs gained access to the official conference. Similarly, UN records indicated
that there were a total of 163 NGOs at the 1985 Nairobi conference closing the decade
dedicated to women. It was not until the 1993 Human Rights Conference in Vienna that
the partnership of NGOs in the UN reached significant numbers with estimates of 1,400 to
1,500 organisations in attendance. Two years later the Beijing Conference witnessed the
largest NGO attendance with 3,000 organisations that had gained access to the Fourth
World Conference on Women.58
The NGO-UN partnership has grown from a cautious friendship to an intimate relationship. The realist boundaries demarcating the domestic realm from the international
have been broken down, allowing NGOs to gain access to the wider international political
arena. This progression illustrates a crucial element of liberal thinking in which a diverse
group of actors (including NGOs) affect and control international relations due to the acceleration of the processes of globalisation.59 The UN soon recognised the importance of
the critical position of NGOs at the forefront of the (women’s) rights movement, since in
order to implement effective policies, it is necessary to have a clear understanding of violations and NGOs can provide the most neutral accounts and testimony from the individuals who are being exploited. Moreover, the UN realised the crucial role NGOs could
play in contributing information independent from governments, thereby providing international bodies with a diverse range of perspectives on the problem at hand. The UN
conferences provided a forum for making visible the problem of human trafficking and
sex trafficking, and enabling anti-trafficking measures to enter the international political
agenda. It is this foundation from which domestic NGOs were able to expand their resources, interact with state and non-state actors, and increase their understanding of violations such as human trafficking from its countries of origin.
Domestic NGOs have played a key role in connecting the United States with the
wider international community. The United States government has long had a women’s
policy agency; however, this agency was hidden in the back offices of the State Department.60 True and Mintrom state:
whereas there has been this lack of gender equality for some time, US-based NGOs
have played a major role in transnational advocacy for gender justice. This dichotomy between American governmental and nongovernmental action became particu57
Clark et al., p. 3.
Ibid., p. 4.
59
As cited in Zwingel, p. 317.
60
True and Mintrom, p. 35.
58
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larly stark during the lead up to the UN Fourth World Conference on Women in Beijing in 1995.61
The increasing disjuncture between non-state actors and the United States government
“pushed” the Clinton Administration to create the President’s Interagency Council on
Women.62 This council provided the means through which domestic NGOs could hold
government accountable for the promises and statements pledged during international
conferences and NGO forums.
Prior to the Beijing Conference (1995), domestic NGOs held the United States government to account, and through the use of international norms, NGOs mobilised government to create a direct link from international women’s rights movements to
governmental departments. These developments were a consequence of the “internalization” of norms in identities, interests, and behaviours of the norms “socialisation” process,
as Risse-Kappen and Sikkink note.63 It is this connection that created the foundation to
plug the issues of human trafficking and sex trafficking into the United States domestic
political agenda. Essentially the issues of trafficking lingered in the background “until the
campaign on violence against women, and then rode the wave of the international
women’s movement into the early 1990s”, as Bertone notes.64 The international antitrafficking movement clearly benefited from the campaign to prevent violence against
women. The United States’ domestic NGOs began to solidify the international antitrafficking movement in the United States after the Beijing Conference (1995).
IR scholars (except the diehard realists) have accepted the importance of norms and
agree that international norms matter when discussing international affairs, transnational
issues, and domestic policies. The debate has shifted from the importance of norms to the
effect of international norms in the domestic arena. Traditionally, transnational non-state
actors have come to dominate the debate on international norms socialisation as indicated
by Keck and Sikkink.65 However, a deeper look into the subject illustrates that domestic
non-state actors have been at the forefront of pressure politics previously, especially in the
case of the United States’ anti-trafficking movement. Bertone notes that in “the 1970s and
‘80s, international NGOs such as Anti-Slavery International66 tried unsuccessfully to bring
these problems to the attention of the media. Fortunately, domestic women’s movements
ascended … and forums for discussion opened.”67
Liberals argue that international norms constrain the behaviour of societal and political actors by creating outside motivations.68 Constructivists suggest that the impacts of
norms are more deep-seated: they are essentially shared understandings that form actor
identities and interests.69 Through the socialisation of international norms into domestic
policy via domestic NGOs, the issues of human trafficking and sex trafficking have surfaced as part of the United States domestic policy processes. Finally, an understanding of
the general relationship between NGOs and the UN illustrates how United States domestic NGOs utilised international norms in the campaign to challenge violence against
women and the wider women’s right movement, to directly mobilise governmental support and indirectly mobilise public support for their cause. These developments provide
an understanding of how the campaign to stop violence against women was internalised
into United States norms and identities. Moreover, these developments provide an understanding of how the United States government entered the anti-(human) trafficking
61
Ibid.
Ibid.
63
Risse-Kappen and Sikkink, p. 12.
64
Bertone, p. 12.
65
Keck and Sikkink.
66
One of the oldest human rights international NGOs is based in London, England.
67
Bertone, p. 11.
68
A. Cortell and J. Davis, “How Do International Institutions Matter? The Domestic Impact of International Rules and Norms,” International Studies Quarterly vol. 40 (1996), pp. 451-478.
69
Finnemore (1996).
62
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31
movement. With such understanding of the correlation between domestic NGO influence
and the United States’ position in the international campaign to combat trafficking, we can
take a closer look at the individual organisations before opening the argument to current
activism. The section that follows reviews several cases, in order to document and describe the relationship between domestic NGOs and government.
3.3 NGOs as Teachers of Norms70
NGOs have been crucial to the identification of human trafficking and prosecution of
human trafficking violations. The State Department has “actively sought out the crucial
cooperation of NGOs, given their invaluable practical experience.” Moreover, the department has noted that “it would be challenging to implement successfully an ongoing
international campaign to combat trafficking without [NGO] partnership.”71
According to Soderlund, “the crusade against sex trafficking within the larger
women’s human rights movement had largely been spearheaded by a collection of feminist organisations most notably the Coalition Against Trafficking in Women” (CATW).72 It
must be noted that due to the gender sensitive nature of the problem, women’s NGOs
have been at the forefront of the anti-[sex] trafficking movement: raising awareness, lobbying for change, and providing victim support. CATW was founded in 1988 in Massachusetts and was one of the first United States NGOs to focus on human trafficking,
especially sex trafficking of women and female children. The organisation has expanded
internationally and works at combating the problem from the countries of origin. The
mission statement maintains that “CATW has been an effective NGO presence internationally and has changed the terms of the debate over prostitution and trafficking.”73 Due
to the organisation’s long-standing history it has organised coalitions of NGOs to solidify
the outlook, definition, and perspective of this problem. CATW was a catalyst for the
flourishing of domestic NGOs in the United States.
Six years later the Protection Project at John Hopkins University in Washington DC74
was founded by Laura Lederer, a current State Department appointee. Leder has functioned as a major link between feminist and evangelical organisations.75 The Protection
Project was one of the first NGOs to be established to address the issue of trafficking in
persons as a human rights violation.76 Due to its university affiliation, the organisation has
taken great strides to educate the global society through academic literature and research.
This NGO has established a close link with government, thereby opening the doors for
other organisations to offer support and critique of current state anti-trafficking measures.
This link is evidenced by the role of this organisation in the drafting of model antitrafficking legislation with the Department of Justice, and its contributions to the drafting
and implementation of the TVPA (2000).77 Essentially, the organisation has created an insider position within the wider United States domestic policy processes.
The TVPA (2000) legislation was a true effort on the part of both political parties to
step forward and take action against this grievous issue. The development of a large coalition of citizen organisations fighting this issue from the forefront of the war on human
trafficking was a direct push to gain bipartisan support.78 Religious organisations have
70
“Teachers of norms” is borrowed from Finnemore (1998).
State Department, Trafficking in Persons Report (Washington, DC: US Government Printing Office,
2004), p. 7, http://www.state.gov/g/tip/rls/tiprpt/2004/ (accessed 20 February 2006).
72
Soderlund, p. 72.
73
Captive Daughter, “Mission Statement” (2006),
http://www.catwinternational.org/about/index.php (accessed 11 July 2006).
74
The Project initially began at Harvard University in Cambridge, Massachusetts.
75
Soderlund, p. 68.
76
Protection Project, “Mission Statement,” (2006), http://www.protectionproject.org/aus.htm (accessed 11 July 2006).
77
Ibid.
78
Congressional Record, “Conference Report on H.R.3244 Victims of Trafficking and Violence Protection Act of 2000,” Congressional Record vol. 147 (5 October 2000), p. 2.
71
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also joined the fight against human trafficking and made a strong effort to educate the
public that slavery is alive and stronger then ever before. Father Stan DeBoe, with the
Conference of Major Superiors of Men (CMSM), has made a strong effort in the fight
against human trafficking by mobilising governmental support from both political parties.
The CMSM is the voice of 20,000 vowed religious “priests and brothers in the United
States, and also collaborated with the US bishops and other Catholic organisations which
serve the Church.”79 This organisation created a strong and unified faith-based voice defining human trafficking as a morality issue and thus engaged religion in the battle against
human rights violations.
Faith-based organisations created a substantial “push” to mobilise governmental
support during the latter portion of the 1990s. One of the most influential domestic faithbased organisations is the International Justice Mission (IJM). IJM stepped into the antitrafficking movement in 1997 with a coalition of human rights professionals, lawyers, and
public officials. This organisation introduced a new aspect to combating the human trafficking industry: through the use of a legal staff, IJM conducts criminal investigations and
collects evidence to rescue victims and bring perpetrators to justice. Just as CATW started
with a domestic force and moved internationally to combat the industry from the countries of origin, IJM has taken on a similar focus. Recently the State Department reported
that IJM “a US NGO investigated [trafficking] conditions and, in partnership with Cambodian law enforcement officials, participated in a raid that rescued 37 children.”80
Through this unique approach the organisation has emphasised the need for stronger domestic judicial systems across the international arena. IJM has established the foundation
from which other organisations have begun to combat the industry from the countries of
origin and destination.
Finally, these organisations represent a diverse range of approaches that evolved
over time to combat the human trafficking and sex trafficking industry. These organisations have created the foundation from which other public support has been generated
and many more domestic NGOs have been established. An awareness of who these
NGOs are and how they have mobilised governmental and public support provides an
understanding of how these organisations “pushed” the United States to the forefront of
the anti-trafficking movement. With such an understanding we can take a closer look at
current activism in the United States to provide a holistic insight into the United States
government’s position in combating this global epidemic.
3.4 Current Activism
Today we encounter the Bush Administration and the 107th Congress continuing the
anti-trafficking effort with strong bipartisan support. In 2001, Attorney General John Ashcroft announced that the Administration and United States law enforcement were pushing
human trafficking as a top priority.81 At the same time, the State Department released its
first Annual Trafficking in Persons Report, required by Congress under the TVPA (2000),
and since then continues to release new research each year.
On 23 September 2003, President Bush delivered a speech before the UN about terrorism and the war in Iraq. During his speech, the President devoted a great deal of time
to discussing the “humanitarian crisis of slavery,” in particular, trafficking in persons.
This was a direct result of the religious right anti-trafficking movement, which encouraged
bipartisan support to recognise human trafficking as a horrendous moral, as well as social,
problem.82 More recently, the growing problem of child sex trafficking and child sex
79
Congressional Record, “Fighting the Source of Trafficking in Women and Children,” Congressional
Record vol. 147 (29 November 2001), p. 2.
80
State Department, Trafficking in Persons Report (Washington, DC: US Government Printing Office,
2005), p. 36, http://www.state.gov/g/tip/rls/tiprpt/2004/ (accessed 20 February 2006).
81
J. Ashcroft, “Ashcroft’s News Conference on 27 March,” (2001),
http://www.usdoj.gov/ag/speeched.html (accessed 10 February 2006).
82
Congressional Record (2001), p. 2.
VOL. 3, NO. 1 – JUNE 2007
33
tourism has been highlighted by NGOs such as World Vision. Once again, nongovernmental influence has pushed the United States to the forefront of this problem. By passing
the Prosecutorial Remedies and other Tools to end Exploitation of Children Today Act in
2003, the United States has strengthened its ability to fight this growing trend within the
wider framework of sex trafficking.83 The governmental efforts to combat the problem
that first began in the Clinton Administration have thus continued to be recognised by the
Bush Administration.
These developments would not have been possible if not for the initial push by domestic NGOs to mobilise the United States government. It is the insight into the patterns
of arrangements prevailing through the course of history that clearly illustrate the outside
dimension to the United States position in the anti-(human) trafficking movement. The
correlations developed in this article disprove the notion that domestic NGO pressure did
not play a dominant function in the development of the United States’ role in the international campaign against human trafficking. A new notion has entered the study of IR: domestic policy influencing the international community composed of “sovereign” states.
4. CONCLUDING REMARKS
This article set out to explore the way in which the United States spearheaded the
international movement against human trafficking and sex trafficking. Domestic NGOs
influenced the United States to take on a prominent role in the anti-(human) trafficking
movement. These NGOs utilised international norms to mobilise governmental and public support. Such correlations were illustrated by creating an understanding of the international dialogue on the international campaign to stop violence against women. This
campaign set the foundation from which the issue of sex trafficking within the wider context of human trafficking entered the international political agenda and became a widely
accepted international norm. By understanding the mechanisms of the international political arena we can see the point at which the United States embraced such norms. This
understanding provides a context from which the NGO component was explored. Domestic NGOs acted as socialisation agencies by translating international norms into the
domestic political arena. In order to provide a holistic understanding of the influential
role of NGOs, the article took a closer look at the individual organisations at the forefront
of the movement and the diverse methods used to mobilise government and generate
public support. Such correlations were addressed using theoretical underpinnings and
conceptualisations.
Theory provides a foundation which scholars can use and build upon to better understand the political world in which we live. It is imperative that the study of IR takes
into account this growing trend of nongovernmental influence. Scholars have traditionally challenged the outside/inside labels of realism with concepts of international cooperation via international organisations, international agreements, and transnational NGOs.
However, a crucial element of international relations has heretofore been overlooked: the
role of domestic NGOs in international affairs. Liberalism has cautiously embraced the
notion that international norms can have important effects on states, specifically in facilitating cooperation. However, liberals (over)emphasise the role of the state in building international agreements and thus are ill equipped to fully conceptualise the growing role of
NGOs.84 An understanding of the process of norm socialization via domestic NGOs is not
to downplay the role of the state, but rather to create a better understanding of what influences domestic and international public policy processes. The state remains the most definitive political actor; however, by focusing solely on the state the study of IR overlooks
the crucial outside dimension. This article not only used IR theory of international norms,
socialisation, and pressure politics to provide a theoretical foundation for the concepts and
83
84
State Department (2006), p. 24.
Price, p. 614.
34
INTERNATIONAL PUBLIC POLICY REVIEW
processes discussed, but also commanded the study of IR to look at the growing role of
domestic NGOs and their affect on international relations.
In view of the fact that the article engages in qualitative research it is necessary to
recognise that NGO political pressure does not stand alone in its influence on policy. International cooperation is a key concept often taken for granted in qualitative research.
Global cooperation provides clear channels through which NGOs are able to manoeuvre
the political machinery of a society to generate public support and mobilise governmental
action for their causes. Studies conducted in the field of political science are not confined
to controlled environments; thus it is our duty to take note of any limitations. The article
held international cooperation constant in order to illustrate the importance of nongovernmental influence. In a world that has become increasingly interdependent, each component of the political arena constrains other components in some shape or form: NGOs
are constrained by the state and other organisations, as well as international cooperation.
It is necessary to account for this limitation in order to fully conceptualise the role of the
United States. The United States has established many methods for combating this industry; however, the problem continues to grow and expand. Outside (NGOs’) influences
may have facilitated the United States to spearhead such a movement but how well has
this movement affected the outside (the rest of the world)? Does the United States’ hegemony grant it the ability to successfully induce policy and environment change in the
rest of the world? Unfortunately, the extent of this problem cannot be eradicated even by
the policy “missiles” deployed by the United States.
A better understanding of the United States’ policy processes provides a set of lenses
through which we can see the social, political, and economic ripples of domestic policy
across the international community. NGOs are not only affecting domestic policy but also
international policy, thus blurring the lines between the international and domestic
realms. This study has opened the discussion to understand how various domestic and
international policies enter the political agenda. The role of the outside dimension has
claimed its space within the field of IR. This outside dimension in the form of domestic
NGOs using international norms created an influential “push” resulting in the United
States becoming a lead actor in the anti-(human) trafficking movement. We can only envisage a world free of such a problem if the efforts made by government supported by the
work of NGOs, continues to grow. Such a problem is deeply embedded into history, culture, politics, and economics, and its eradication will require the uprooting of these previously held norms. A total cure may seem unfeasible, but it is imperative that we use such
an example to understand that the world in which we live in has the capacity to view individuals as commodities, rather than human beings.
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