This study is conducted on the situations of
ADDIS ABABA UNIVERSITY
SCHOOL OF GRADUATE STUDIES
COLLEGE OF LAW AND GOVERNANCE STUDIES
CENTER FOR HUMAN RIGHTS
THE SITUATIONS OF TRAFFICKING WOMEN FROM
ETHIOPIA TO SUDAN: THE CASE OF METEMA ROUTE
SHEWIT G/EGZIABHER G/HIWOT
MAY, 2013
ADDIS ABABA
THE SITUATIONS OF TRAFFICKING WOMEN FROM ETHIOPIA TO
SUDAN: THE CASE OF METEMA ROUTE
ADDIS ABABA UNIVERSITY
SCHOOL OF GRADUATE STUDIES
COLLEGE OF LAW AND GOVERNANCE STUDIES
CENTER FOR HUMAN RIGHTS
BY
SHEWIT G/EGZIABHER G/HIWOT
ADVISOR
FASIL MULATU GESSESSE
A THESIS PRESENTED TO THE SCHOOL OF GRADUATE STUDIES OF
ADDIS ABABA UNIVERSITY IN PARTIAL FULFILLMENT OF THE
REQUIRMENTS FOR THE DEGREE OF MASTER OF ARTS IN HUMAN
RIGHTS.
MAY, 2013
ADDIS ABABA
ADDIS ABABA UNIVERSITY
SCHOOL OF GRADUATE STUDIES
COLLEGE OF LAW AND GOVERNANCE STUDIES
CENTER FOR HUMAN RIGHTS
THE SITUATIONS OF TRAFFICKING WOMEN FROM ETHIOPIA TO
SUDAN: THE CASE OF METEMA ROUTE
BY
SHEWIT G/EGZIABHER G/HIWOT
ID.No. GSR/0609/04
ADVISOR
FASIL MULATU GESSESSE
Approval by Examining Board
_______________________________
Dept’s Chairman, Graduate Committee
________________________________
Advisor
________________________________
External Examiner
________________________________
Internal Examiner
_________________________
Signature
_________________________
Signature
_________________________
Signature
_________________________
Signature
DECLARATION
I, Shewit G/Egziabher, declare that ‘The Situations of Trafficking Women from Ethiopia to
Sudan: the Case of Metema Route’ is my original work and that all sources used within the study have been appropriately acknowledged.
Candidate
Shewit G/Egziabher G/Hiwot Name:
Date of Submission: May, 2013
_______________________ Signature:
This thesis is submitted for examination with my approval as an advisor of the candidate.
Name: Fasil Mulatu Gessesse
May, 2013
______________________
Date of Submission:
Signature: i
ACKNOWLEDGMENT
Above all, I would like to thank my advisor Mr. Fasil Mulatu Gessesse for his thoughtful proficient support he offered me all over conducting this study. His comments and advises were remarkably useful and key to successfully accomplish this thesis work.
I want to express my respect to all the women participated in this study for their sincere cooperation and willingness to answer the questions forwarded from the researcher patiently and with due respect. Some of the questions were related with personal matters and might be wounding even to reply on, but they did it. They speak the unspeakable truths face them and other many Ethiopian women each day, to save their young sisters and fellows from such abusive situations.
Additionally I would like to extend my heartfelt gratitude to my dearest wife Zufan T/Haymanot and my entire friends; above all Yonas Bayru, Melaku Tilahun, Tesfanesh Tadesse, Mezgebu
Mandefro, Anbesaw Zewdu and Getahun Kume, who assist and encourage me every time from the start to the end of the study.
Besides I want to present my admiration to the Metema woreda Police, Immigration and Court
Officials support me by giving their useful intellectual views and further valuable materials to the study. In the same way to the Northern Gondar Justice and Court Bureaus members offered similar cooperation to me.
Lastly my gratitude goes to the almighty God.
Thank you all.
Shewit G/Egziabher sbirtu21@gmail.com ii
TABLE OF CONTENTS
CHAPTER TWO: CONCEPTUAL FRAMEWORKS AND THE GLOBAL, REGIONAL AND
PART ONE: CONCEPTUAL FRAMEWORKS OF TRAFFICKING IN PERSONS ................ 11
iii
PART TWO: THE GLOBAL, REGIONAL AND NATIONAL REALITIES ON
PART THREE: INTERNATIONAL, REGIONAL AND NATIONAL INSTRUMENTS
RELEVANT FOR COMBATING TRAFFICKING IN WOMEN .............................................. 30
CHAPTER THREE: THE SITUATIONS OF TRAFFICKING WOMEN FROM ETHIOPIA TO
PART ONE: GENERAL INFORMATION ON THE RESPONDENTS .................................... 36
PART TWO: ANALYSIS OF THE EXPERIENCES OF THE TRAFFICKING WOMEN
iv
Responses from the Ethiopian Embassy in Sudan and Other Stakeholders to the Women in
Prison…………………………………………………………………………………………….60
CHAPTER FOUR: CONCLUSION AND RECOMMENDATIONS ......................................... 67
Appendix F: 2011 Trafficking in Persons Report Tier Placement of African Nations ................ 85
v
vi
ABSTRACT
The study is primarily aimed at exploring the experiences of women who are victims of trafficking in women from Ethiopia to Sudan particularly through the Metema trafficking route.
It demonstrates the way how the trafficking women victims were trapped by the web of the traffickers, means of transportations, and the manner of treatment throughout the trafficking process and the forms of exploitations faced by them at their arrival. Moreover, an endeavor is made to point out the human rights violations confronted by the trafficking women victims at each key stages of the trafficking process. The study is conducted in critical research approach and employed in-depth interviews, key informant interviews and focus group discussion vis-à-vis analysis of relevant literatures and secondary data sources as an instrument to solicit the necessary information for the research. The research found out that the women are pushed by poverty and allied factors and further hauled by the stories of attractive job opportunities and salary, pertaining to the false promises of the traffickers and individuals in the trafficking circle.
Moreover, the findings signify that the women had experienced numerous human rights violations throughout the passage, in destination and prisons in Sudan. Thus, it is the belief of the researcher that the outcomes of the study will be helpful to all concerned stakeholders to take the necessary measures to see end the misery of many of Ethiopian women exposed and subjected to trafficking in women.
Keywords: Women, human trafficking, trafficking in persons, human smuggling, migration, irregular migration, trafficking in women, trafficking women victims, trafficking women returnees and Metema. vii
THIS STUDY IS DEDICATED TO ALL ETHIOPIAN TRAFFICKING
WOMEN VICTIMS.
viii
CRC
CIA
CRC
CSO
EHRC
ERTA
FBC
FDRE
FGD
ACRONYMS
American Civil Liberities Union ACLU
ACP African Caribbean and Pacific Group of States
Australian Institute of Criminology AIC
AIDS Acquired Immunodeficiency Syndrome
Amhara Television ATV
AU African Union
Bachelor of Art BA
CCFDRE Criminal Code of Federal Democratic Republic of Ethiopia
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CAT Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Convention on the Rights of the Child
Central Intelligence Agency
Convention on the Rights of the Child
Civil Society Organization
Ethiopian Human Rights Commission
Ethiopia Radio and Television Agency
Fana Broadcasting Corporate
Federal Democratic Republic of Ethiopia
Focus Group Discussion ix
GAATW
HIV
HPR
HRW
ICCPR
ICESCR
ICMPD
Global Alliance Against Trafficking in Women
Human Immunodeficiency Virus
House of Peoples Representatives
Human Rights Watch
International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural Rights
International Center for Migration policy Development
TIP
TVPA
UAE
UDHR
UK
UN
ILO
IOM
KII
MoE
International Labor Office
International Organization for Migration
Key Informant Interview
Ministry of Education
MoJ Ministry of Justice
MoWCYA Ministry of Women, Child and Youth Affairs
MoLSA
NGO
Ministry of Labor and Social Affairs
Non Governmental Organization
Trafficking in Persons
Trafficking Victims Protection Act
United Arab Emirates
Universal Declaration of Human Rights
United Kingdom
United Nations x
UNDP United Nations Development Program
UNESCO United Nations Educational, Scientific and Cultural Organization
UNICEF United Nations Children’s Fund
UNODC United Nations Office for Drugs and Crime
UNIFEM United Nations Development Fund for Women
US United States
USA United States of America
USAID
USD
3D Jobs
United States Agency for International Development
United States of America’s Dollar
Dirty, Degrading and Dangerous Jobs xi
DEFINITIONS
‘Injera’
Injera (in Amharic: እእእእ) is a white Ethiopian traditional flatbread dish, made of fermented ‘ teff’
flour.
‘Kebelle’
Kebelle (in Amharic: እእእ ) are the fourth-level administrative divisions in the
FDRE administration structure, placed under the Regional State Government.
‘Misir wot’ Misir wot
( in Amharic: እእእ እእ) is a traditional thick stew made up of split lentils stewed with onion, garlic and blend of mid Ethiopian herbs.
‘Shekaba’
Shekaba (in Amharic: እእእ) is a person who gets a commission from the brokers for taking the trafficking women victims to the secrete rooms located in border towns like Metema.
‘Teff’ Teff (in Amharic: እእ) is annual bunch grass or food grain native to Ethiopia and
Northeastern Africa.
‘Woreda’ Woreda (in Amharic: እእእ) are the third-level administrative divisions in FDRE administration structure, placed under the Regional State Government. xii
CHAPTER ONE: RATIONALE OF THE STUDY
This study is conducted on the situations of trafficking women from Ethiopia to Sudan through
Metema route. It explores the experiences of trafficking women victims presently returned or deported from Sudan to Ethiopia through Metema. This chapter is an introductory section which presents the basic structure, composition and overall justification of the study. Thus, it includes the statement of the problem, research objectives, and research questions, significance of the study, scope and limitations of the study as well as the methodological approaches and procedures employed by the researcher in conducting this study.
1.1.
Statement of the Problem
Ethiopia is one of the countries of origin for internationally trafficking women subjected to conditions of forced labor and prostitution.
1
Youthful women from all over the country are trafficked for domestic servitude to Gulf States as well as neighboring countries such as Djibouti,
Kenya, Somaliland and Sudan to seek their dreams abroad.
2
Although all persons including men, women and children are inevitably victimized out of the trafficking patterns, the women are particularly vulnerable to the most biter physical and psychological inhuman experiences in magnitude and intense. This may possibly include (but not limited to) violent death, sexual exploitation and rape, robe, insult and intimidation, and beatings during the voyage. Besides, in destination, most trafficking women are exposed to many exploitation forms and sometimes coerced to work off the debt they have incurred for the services provided to them by the brokers. In the most extreme instances, the victims become slaves pure and simple, losing all control over their lives and becoming objects to be bought and sold on the prostitution market.
3
Pertaining to the trafficking routes, trafficking women are commonly using two ways to leave
Ethiopia. They either buy an air ticket to take a flight from Bole International Airport to the destination country or cross the border to neighboring countries using the ‘desert routes’. The
1 U.S. (2012). Trafficking in Persons (TIP) Report.
Washington DC, USA: United States Department of State.
Retrieved September 22, 2012, from http://www.unhcr.org/ refworld/docid/ 4e12ee7e37.html
2 IOM. (2012). International Organization for Migration . Retrieved August 12, 2012, from Activities: Africa and the Middle East: East Africa: Ethiopia. Retrieved August 12, 2012, from http://www.iom.int/jahia/ Jahia/ethiopia
3 Galiana, C. (2000). Trafficking in Women: European parliament Working Paper. Civil Liberities Series , 3.
1
‘desert route’ includes the passageway to South Africa through Moyale; to Saudi Arabia through
Bossasso; to Saudi Arabia and United Arab emirates (UAE) through Afar, Djibouti and Yemen; to Sudan through Metema; to Djibouti through Dire Dawa; and to Lebanon, Saudi Arabia and
UAE through Bole International Airport.
4
Hence, Metema is one of the distinguished human trafficking routes in Ethiopia, serve as a way out for a large number of peoples trafficked to Sudan. It also serves as a way back for returning survivals that either compellingly deported by the Sudan government or come escaping from the hands of the brokers and their employers each day. According to the data from the Federal
Democratic Republic of Ethiopian (FDRE) Ministry of Foreign Affairs (MoFA), around 75,000 to 100,000 Ethiopians have used one-month tourist visa to cross the border by using bus through
Metema per annum.
5
This number does not include the people who travelled through the desert for days/weeks to cross the Ethio-Sudan border in foot. As above, though both ways are not riskfree, traveling in foot through the deserts is horrifically dangerous, where many people; particularly women, have perished in the desert due to thirst and hunger, and robed, raped and sexually abused by the brokers and rebels in Sudan.
6
However, most of the women travelled with a one-month visa as well are tied to the traffickers’ network, in search for a job instantly after arriving in Sudan.
7
The Metema route is chiefly used by women from Ethiopia for the purpose of seeking domestic work in Sudan, but sometimes also used as a transit to Libya and then to Europe. Besides, there are also reports that some are trafficked for the purposes of commercial sex work and marriage to rich Sudanese nationals.
8
Therefore, the elevated seriousness and sensitiveness of the problem in relation to the pattern of trafficking in women in Metema area has initiated the researcher to conduct the study.
4 Anteneh, A. (2011). Trafficking in Persons Overseas for Labour Purposes: The Case of Ethiopian domestic
Workers.
Country Office Addis Ababa: Internatinal Labour Office (ILO), p. ix. Retrieved September 20, 2012, from http://www.addisababa@ilo.org
5 MoFA. (2010). The Situation, Causes of and Recommendations to Eliminate Human trafficking and Smuggling in
Ethiopia. In Anteneh, A… supra , footnote 4, p. 48.
6 Anteneh, A … supra, footnote 4, p. 48 ; cf.
also footnote 5.
7 Ibidem.
8 Ibidem , p. 49.
2
Furthermore, the study was designed to make an endeavor to uncover the exact situation of the trafficking women in the area so as to indicate possible solutions to the problem.
1.2.
Research Objectives
The research has a general objective of exploring the situations of trafficking women from
Ethiopia to Sudan through the Metema route, viewing from the human rights perspective.
Moreover, the specific objectives of the research aim:
To examine the manner how trafficking women are treated during their journey from
Ethiopia to Sudan through the Metema route and in destination.
To scrutinize circumstances that makes women vulnerable to potential human rights abuses in the trafficking process.
To explore the accustomed techniques and trends applied by traffickers in their operations to move the women trafficking victims from one place to another.
To assess the strengths and weaknesses in the current responses of stakeholders to suppress the pattern of trafficking in women in Metema area.
1.3.
Research Questions
The main questions the researcher aims to address in the study are:
How trafficking women are treated during their journey from Ethiopia to Sudan through the
Metema route and in destination?
What circumstances make women particularly vulnerable to potential human rights abuses in the trafficking process?
What techniques and trends do the traffickers use to travel the women trafficking victims from one place to another until they reach in destination?
What are the strengths and weaknesses in the current responses to suppress the pattern of trafficking in women in Metema area?
1.4.
Significance of the Study
Conducting this study is decisive, firstly because the study will provides resource concerning the trafficking in women pattern in Metema area for researchers interested in the future to make
3
further studies in the area. Secondly, the study will grant access to up-to-date and reliable information for the whole community and concerned stakeholders regarding the actual existing situation of trafficking women from Ethiopia to Sudan through the Metema route. At last, the research will offer realistic input for concerned government bodies and policy makers, so as to make them fully understand the actual image of the problem and take appropriate remedies to alleviate the problem.
1.5.
Scope of the Study
In fact all women, men and children throughout the country are comparably vulnerable to trafficking crimes. Besides, all trafficking victims are faced with several human rights abuses in their endeavor to cross the borders of neighboring and other destination countries, regardless of the travel mechanisms they use. Nevertheless, so as to make the study manageable and comprehensively address the issues by the time, financial and material resources at hand, only those women who have trafficked from Ethiopia to Sudan through the Metema route are included in the study. Hence, trafficking men and children, plus women trafficking through other human trafficking routes available in Ethiopia, as well as women trafficking to other neighboring (and beyond) countries than Sudan through any of these routes were not considered as part of the study.
1.6.
Limitations of the study
In conducting this study, the researcher has faced with some limitations. The major limitations includes the silence trend of victims of trafficking or hesitation to share their stories with the researcher and lack of well organized and up-to-date data showing the full picture of the trafficking patters in the area. Besides, the researcher has also faced with other limitations include the difficulty to access to some top secret documents that are not simply disclosed to ordinary persons; particularly the documentaries and records of trafficking victims in the
Metema woreda police office, financial and time limitations.
Nevertheless, these limitations did not have a significant adverse effect on the findings of the study. For the reason that the data gaps that have been difficult to get through one instrument
(e.g. through interview with respondents) are filled by triangulating with either the information earned in focus group discussions or from secondary sources and vice-versa. In addition, the
4
researcher has made an effort to establish a good interaction with the informants by approaching them through their friends and family members to make them more comfortable and confident to converse about their trafficking experiences all through the interviews. Thus, the researcher believes that, even though it was not straightforward, a complete picture of the problem has outlined by effectively utilizing the existing resources to the study.
1.7.
Structure of the Study
Generally, the research is organized into four chapters. Chapter one is an introductory part that provides the underlying principles of the study; which specifically encompassed the statement of the problem, the objectives of the study, the research questions, the significance of the study, scope and limitations of the study, and the research methodology part which deals with the methods and instruments employed to select the samples, and to collect, process and analyze the necessary data to the study. In chapter two, the basic human trafficking conceptual frameworks vis-à-vis the global, regional and national contexts of trafficking in women, and at last the human rights instruments and legislative frameworks pertaining to trafficking in women are reviewed. Chapter three discussed the situations of trafficking women from Ethiopia to Sudan through the Metema route: the analysis of the background characteristics of the respondents and the entire empirical data collected from the primary and secondary sources through the selected instruments pertaining to the study problem. Finally, the fourth chapter presents the conclusion and recommendations.
1.8.
Research Methodology
The study has employed a qualitative research approach, which allows the researcher to investigate initial participant responses: by using open ended questions ask why or how with full freedom and flexibility. The reason why such method is used is to enable informants express their ideas in their own words and get the full picture of the situation.
Hence, the researcher has primarily used the statements of the trafficking women returnees to establish a pattern of the experiences, treatments and problems they face throughout their passage and in destination. Additionally, supplementary data are collected from other informants to fill the information gaps appeared in due course.
5
1.8.1.
Study Area Description
The research is conducted in Metema woreda area. Metema woreda is one of the districts in
Ethiopia, Amhara Regional State. Amhara Regional State has totally 11 Administrative Zones and more than 100 districts. Hence Metema woreda is found in North Gondar Administrative
Zone. It is one of the border towns between Ethiopia and Sudan and is located about 900 kilometers northwest of Addis Ababa and 180 kilometers west of Gondar town.
1.8.2.
Source
The researcher has used primary sources including women returnees and victims of trafficking, police officials and prosecutors, legal experts, and other concerned government authorities, to obtain original or firsthand information. Moreover, the researcher has used secondary sources to back the information gathered from the informants. For that reason, previously conducted research papers, police and court case records, state documents and records, official statistics, mass media outputs, and journal articles and conference papers were reviewed in triangulation with the first hand data acquired from respondents to reach to the full picture of the situation.
1.8.3.
Sampling Design
Snow ball non probability sampling method was employed by the researcher to select respondents from the whole study population. This is imperative to efficiently track the direct victims and actors of the situation. Therefore, snow ball method was used to drop a line with the trafficking women victims and concerned stakeholders. In doing so, the earliest or previously contacted informants were served as a spring board to find and introduce the researcher to the rest of participants found in similar categories.
9
Despite the fact that sample size is highly subjected to the time, manpower and financial resources available to the study, the researcher has used two principal criteria to select adequate number of participants from the target population. These are sufficiency and saturation
9 For case in point, after the conclusion of the earliest interview with Case 1, the researcher would ask the informant if she knows another women victim who has pass through the same problem and share similar experiences. If the informant’s response is affirmative, then she would be asked to direct to another informants.
6
principles.
10
This means, firstly, enough numbers of participants enable the researcher to fully understand the situation and reflect the full picture of the entire trafficking process; starting from the origin areas here in Ethiopia to the destination places in Sudan, were selected. And secondly, the researcher has conducted interviews and listen to the statements of these targeted women returnees until the point of having the sense of listening similar information repetitively and has no longer expects to hear and find out something new.
1.8.4.
Data Collection
The necessary data to the study were collected from the primary and secondary sources all the way through using a combination of multiple data gathering instruments including in-depth interview, key informant interview, focus group discussion, review of relevant literatures and document analysis. Furthermore, an effort has made by the researcher to get a complete picture of the problem of the study and block some of the inadequacies of the instruments by triangulating with the information gathered through the other data gathering instrument.
1.8.4.1.
In-depth Interview
Even though there are various data collection techniques regularly used by researchers to gather information from primary sources, interview is mostly considered as the best instrument used in qualitative research. Moreover, it is a rich source of data useful to effectively explore people’s experiences.
11
Thus, primary data were collected from trafficking women returnees using both unstructured and semi-structured interviews in combination. Hence, respondents were asked an amalgamation of both open-ended and closed-ended questions by the researcher. The closeended questions have aimed on looking for very short and clear answers, and the open-ended questions were designed to allow the interviewees to converse and reply to the questions raised by the researcher freely on their own ways. Furthermore, all of the interviews and the focus group discussion were conducted in Amharic language and later translated into English language for analysis.
10 Greeff, M. (2005). Information Collection. In A. S. Vos, H. Strydom, C. B. Fouche, & C. S. Delport, Research at grass Root Level: For the Social Sciences and Human Service Profession (pp. 286-313). Pretoria, South Africa: Van
Schaik, pp. 286-313.
11 Fouche, B., & Delport, L. (2011). Introduction to the Research Process. In A. D. Vos, Research at Grass Root
Level: For the Social Science and Human Service Profession (pp. 61-78). Pritoria, South Africa: Van Schaik.
7
All through the interviews, previous to entering into conducting the interviews, the researcher has notified the respondents regarding the purpose of the study and the value of their participation in giving the interviews in brief manner. Additionally, Respondents were informed that their identities and the information they would be providing during the interviews will be kept confidential. Next to getting the affirmation of their consent to give the interviews, once again they were asked whether recording their voices is possible or not, and then with their full permission the interviews had been recorded on tape. For those who were unwilling or feeling discomfort to be recorded on tape, the researcher turns to the second option of taking brief notes of their words in textbook. Finally the recorded interviews were transcribed into written format to make them ready to analysis.
1.8.4.2.
Key Informant Interview
Key informant interview (KII) is valuable data collection instrument to quickly gain some insight on highly intricate and sensitive subject matters from particularly well-informed respondents in the area.
12
Hence, semi-structured key informant interviews were conducted with selected government officials in order to supplement and triangulate the primary data gathered from the trafficking women respondents with expert analysis of these professionals. Accordingly, Metema woreda Police, Prosecution and Immigration Officials, and Court judges as well as Northern
Gondar Higher Court Judges and Justice Bureau Officials were selectively interviewed to get their professional insights in the situations of trafficking women victims in the area.
1.8.4.3.
Focus Group Discussion
Besides the interviews, one focus group discussion (FGD) has been arranged with a group of agents from each concerned institutions for further clarity particularly regarding the strengths and weaknesses of the preventive or counter trafficking measures taken to combat trafficking in women and to triangulate the data. The selection of the members was based on the position (in the sections/departments relevant to the problem studied) they have in the selected institutions, their work experience and knowledge they have in the area of trafficking in persons in general
12 Salafsky, N., Richard, A., & Margoluis. (1998). Measures of Success: Designing, Managing, and Monitoring
Conservation and Development Projects.
Washington DC, USA: Island Press, pp. 134-135.
8
and trafficking in women in particular, as well as the availability and willingness of the individual to participate in the discussion.
13
1.8.4.4.
Document Analysis
Documents and literatures that have a direct relevance with the trafficking in persons and particularly trafficking in women were examined to back the information collected from the primary data sources through interviews and FGD. Accordingly, a number of literatures and legal documents are used in the study to demonstrate the conceptual discussions on trafficking in persons and women, the global, regional and national patterns of trafficking in women as well as the role of international, regional and national human rights law in combating and prosecuting trafficking in women offences.
1.8.5.
Ethical Considerations
The necessary ethical cares were circumspectly taken by the researcher throughout the interaction between the researcher and the people directly and indirectly participate/affected in/by the study. This is because the well-being of research participants is the researcher’s crown priority on top of the research questions. Thus, respondents were treated in full respect and the identity of the participants will kept confidential for the sake of their security and safety.
Additionally, they have informed that an effort will be made by the researcher to avoid the potential risks may appear following their contact with the researcher and that they have a right to not give any information to the researcher and have the right to withdraw from the interview at any time they feel discomfort.
1.8.6.
Data Processing and Analysis
The qualitative data collected from primary and secondary sources were processed and analyzed by using recursive abstraction interpretative technique where data sets are summarized, and those summaries are then further and further summarized and at the end come to a compact summary and conclusion of the all gathered data. In favor of supplementing the expression, very simple and unsophisticated tabulations, graphic expressions and percentages were used. Besides, data are interpreted in the light of critical research approach with the purpose of exploring the
13 Table 5 provides detail information regarding the background characteristics of the FGD participants of the study.
9
experiences of the trafficking women victims or the things really happened to them. Hence, the research is not implicated in assessing the attitudes and perception of the victims and the way they give meanings to the situation they were dealing with.
10
CHAPTER TWO: CONCEPTUAL FRAMEWORKS AND THE GLOBAL,
REGIONAL AND NATIONAL CONTEXTS OF TRAFFICKING
In this chapter the available literatures and legislative frameworks relevant to trafficking in women are reviewed with the aim of providing the conceptual discourses, realities and legal grounds with reference to trafficking in women. For that reason the chapter is divided into three parts. Part one presents a conceptual discussion on trafficking in persons; including the contested definitions of trafficking, smuggling and irregular migration, in addition to the main components and root causes of trafficking. Part two provides the global, regional and national trafficking patterns. Finally, in the third part the relevant international, regional and national human rights instruments and legislative frameworks are provided.
PART ONE: CONCEPTUAL FRAMEWORKS OF TRAFFICKING IN PERSONS
2.1.
Contested Definitions of Trafficking
Trafficking in persons or human trafficking is an imprecise and highly contested term.
14
There are numerous, sometimes opposing, and shifting understandings of trafficking.
15
Thus, defining trafficking in persons and things constitute trafficking is not an easy task, considering its uncertain scope and the overlap and similarity it has with related concepts like irregular migration and human smuggling. Hence it is a source of difficulty and controversy to have clear and universally agreeable definitions.
16
Nonetheless, in order to avoid ambiguities and vagueness
14 Salt, J., & Hogarth, J. (2000). Migrant Trafficking and Human Smuggling in Europe: A review of the evidence. In
F. Laczko, & D. T. (Eds.), Migrant Trafficking and Human Smuggling in Europe: A Review of the Evidence With
Case Studies from Hungary, Poland and Ukraine. Geneva, Switzerland: International Organization for Migration
(IOM). As an illustration, they have identified over 20 definitions of the concept of trafficking in their review of the literature.
15 Lee, M. (2007). Human Trafficking.
Cullompton, UK: Willan Publications, p. 16.
16 The Special Rapporteur on Violence Against Women, made the following statements in regard to the definition of trafficking in her Report to the 56 th
Session of the Commission on Human Rights: “At present there is no internationally agreed definition of trafficking. The term "trafficking" is used by different actors to describe activities that range from voluntary, facilitated migration, to the exploitation of prostitution, to the movement of persons through the threat or use of force, coercion, violence, etc. for certain exploitative purposes. Increasingly, it has been recognized that historical characterizations of trafficking are outdated, ill-defined and non-responsive to the current realities of the movement of and trade in people and to the nature and extent of the abuses inherent in and incidental to trafficking. Rather than clinging to outdated notions of the constituent elements of trafficking, which date back to the early nineteenth century, new understandings of trafficking derive from an assessment of the current needs of trafficked persons in general, and trafficked women in particular. New definitions also must be specifically
11
in reading the concepts incorporated in the research, comparatively acceptable definitions of some key terms used throughout the paper are provided here below:
2.1.1.
Overview of the Concept of Trafficking in Persons
A comprehensive definition of trafficking in persons is provided under the UN Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention against Transnational Organized Crime (Palermo
Protocol). The Palermo Protocol in its Article 3 defines trafficking in persons as follows:
(a) “trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other means of the abuse of power 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 forms of sexual exploitation, forced labor or services, slavery, servitude or the removal of organs; 17
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; 18
The Palermo Protocol definition focuses on clearly identifiable elements of the crime, in order to differentiate cases of trafficking from other acts, such as smuggling and irregular migration. The definition refers to three distinct elements. These are the act, means and purpose of trafficking in persons. According to the definition, trafficking in persons involve acts include recruitment, transportation, transfer, harboring and receipting trafficking victims. In doing so, traffickers may use means of threat or use of force, coercion, abduction, deception, fraud, abuse of power or tailored to protect and promote the rights of trafficked persons, with specific emphasis on gender-specific violations and protections.” Economic and Social Council, Integration of the Human Rights of Women and the Gender
Perspective: Report of the Special Rapporteur on Violence Against Women, its causes and consequences, Ms.
Radhika Coomaraswamy, on trafficking in women, women's migration and violence against women, submitted in accordance with Commission on Human Rights Resolution 1997/44, 29 February, (2000), E/CN.4/2000/68 (1997), paragraph 51. Retrieved September 11, 2012, from http://www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/ e29d45a105cd8143802568be 0051fcfb?Opendocument
17 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, General Assembly Resolution 55/25, of 15
November, (2000), Article 3. Retrieved September 12, 2012, from http://www.uncjin.org/Documents/Conventions/ dcatoc/final_docum/htm
18 Ibidem.
12
vulnerability and giving payments or benefits to win the consent of the potential trafficking victims. The core purpose of trafficking in persons is exploitation. Moreover, exploitation includes prostitution of others, sexual exploitation, forced labor, slavery or similar practices and removal of organs.
Therefore, the attendance of all of the three components is indispensable to constitute a given action or process trafficking in persons. The only exception is for child victims of trafficking for whom it is not required to show illegal means. Hence, trafficking in persons contains three central components namely recruitment, transportation and exploitation.
2.1.1.1.
Recruitment
The potential trafficking victims are initially recruited by other people, in one way or another stay in the system, at the time they enter the course of trafficking. Recruiters (individuals involved in the conscription process) have commonly use different mechanisms to trick people and get their consent of joining the trafficking route; including readymade false promises of an opportunity, success stories of formerly trafficked people and misinformation or lies.
19
The recruitment may be made by families, relatives, friends, neighbors, brokers, or recruitment agencies. However, people may also themselves initiate or pushed by their own personal reasons, survival needs or desperation.
20
2.1.1.2.
Transportation
Once the victims are recruited, the next step is transporting them from one town, area, or country to another until they reach to the intended destination places. The transportation process may engage individuals or group of individuals to provide the needed services to the trafficking victims. This includes starting from facilitating and arranging the movement to providing fake travel documents, food and shelter, needed in the way to enter and cross the border of the destination country. Occasionally, corrupted border guards, immigration or law enforcement
19 Anteneh, A … supra, footnote 4, p. 10; cf. also footnote 5, 6, 7 and 8.
20 Ibidem.
13
personnel and officials may also be involved in the trafficking process work in partnership and sharing benefits with the traffickers or brokers.
21
2.1.1.3.
Exploitation
In most trafficking cases exploitation is the end component and chief purpose of recruiting and transporting victims. This is the very reason why all people are recruited from all corners of the sourcing countries, and it is principally to exploit them in the all available mechanisms.
Traffickers may make an immense amount of profits out of the trafficking victims through engaging them into prostitution, domestic servitude, forced labor, and in some instances selling for body organs removal.
22
After arrival, trafficking victims are treated just as a property. In relation with that, most employers feel they have possession over the trafficked workers in the grounds of paying for the recruitment and any other related fees, just like they own any other property they have paid for.
This denies the intrinsic humanity value of the trafficking victims. They routinely are treated as a means to get some takings, not as an end by themselves as human creature. This reduces them to the status of being a slave, which absolutely is grave human right violation. Moreover, the lack of social and legal protection in the destination countries makes trafficking victims an easy target and gives traffickers and employers supremacy over the victims.
23
Therefore, it is excellent to carefully look in to these three inter-reliant components in order to entirely understand trafficking activities. These three components are representing the activity, means and purpose of trafficking events. Thus, the attendance of these three components in a cumulated and associated manner is a determinant indicator to decide whether a given action/process is trafficking or not.
24
21 Ibidem.
22 Ibidem , p. 11.
23 Ibidem , p. 10.
24 Messele, R. (2006). Counter-trafficking Training Modules.
Geneva, Switzerland: International Organization for
Migration (IOM), p. 8.
14
2.1.2.
Irregular Migration vs. Trafficking in Persons
To start with, the IOM defines migration as
‘ a process of moving, either across international border, or within a state. It is a population movement, encompassing any kind of movement of people, whatever its length, composition and causes; it includes migration of refugees, displaced persons, uprooted people and economic migrants’.
25
On the other hand, Irregular migration is ‘the movement of persons that takes place outside the regulatory norms of the sending, transit and receiving countries’.
26 It is a movement of people from one country to the other without following or respecting the immigration laws and fulfilling the requirements of the transit and destination countries. Therefore, it is a crime committed by the migrant against the law of the transit and destination countries. At this point, the migrants themselves are lawbreakers, and apparently they are not treated as victims. On the other hand, trafficking in persons is an organized action of recruiting, harboring and transporting trafficking persons for exploitative purposes. Here there are persons or groups involved in organizing and facilitating the process; called as brokers or traffickers , that forced, abused or deceived the trafficking persons to join the process.
27
Thus, the trafficking persons are not criminals, rather victims of the brokers’ tricks. Though they may cross the borders and enter to the destination country illegally, they were initially either influenced or forced by a third party: the brokers or recruiters. Hence, the trafficking victims have not possessed control over themselves, rather putted under the command of others. This is an action of selling human beings to conditions comparable to slavery, so it is the sellers not the persons putted on the market have to constitute as criminals.
Subsequently, irregular migration is always committed outside the regulatory norms of the source, transit and destination countries. On the contrary trafficking in persons may not necessary be obscured; it may pass through lawful processes and procedures exposed to misuse.
25 IOM. (2004). International Migration Law, Glossary on Migration.
Geneva, Switzerland: International
Organization for Migration (IOM).
26 Horwood, C. (2009). In Pursuit of the Southern dream: Victims of Necessity Assessment of the Irregular
Movement of Men from east africa and the Horn to south africa.
Geneva, Switzerland: International Organization for Migration (IOM).
27 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, Article 3… supra , footnote 17; cf. also footnote 18.
15
For example persons may be trafficked on the name of traditional institutions and practices, tourism, trade, family visit, marriage and the like.
28
However this is not to mean that traffickers are at all times use a legal shield to move persons from the origin to the destination countries.
There are also trafficking victims cross the borders travelling illegally through deserts and oceans. Thus, while trafficking persons can use both legal and illegal ways, irregular migrants only use illegal ways to enter in to the destination country. In other words, ‘though all trafficking involves migration, but all migration is not trafficking’.
29
2.1.3.
Human Smuggling vs. Trafficking in Persons
At first, trafficking in persons contains three main components; namely recruitment, transportation and exploitation. On the other hand, human smuggling contains only one of them: that is transportation. The UN Protocol against the Smuggling of Migrants defines smuggling as: the procurement, in order to obtain, directly or indirectly a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national or a permanent resident .
30
According to this definition, human smuggling is an act of transporting persons who have their own reasons and purposes to illegally cross the borders of transit and destination countries, and make benefits out of it. Subsequently, the recruitment and exploitation components are missing in human smuggling activities.
Secondly, trafficking in persons involves ‘means of the threat, use of force, and abuse of power of a position of vulnerability and giving or receiving of payments or benefits to achieve the consent’ of the trafficking persons to join the trafficking process.
31
Conversely human smuggling
28 Asefach, R. H. (2012). An Investigation into the Experiences of Female Victims of Trafficking in Ethiopia.
Pretoria: University of South Africa, Psychology Department, p. 14.
29 Agrinet. (2004). Assessment of the magnitude of Women and Children Trafficked With and Outside of Ethiopia.
Country Office Addis Ababa: International organization for Migration (IOM), p. 1.
30 Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the UN Convention against
Transitional Crime, General Assembly Resolution 55/25, of 15 November, (2000), Article 3 (a). Retrieved
September 7, 2012, from http://www.uncjin.org/Documents/ convention/dcatoc/final_documents_2/convention
_smug_ eng.pdf
31 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime, Article 3… supra , footnote 17; cf. also in footnote 18 and 27.
16
is ‘the transportation of persons, with their full consent, to another country all the way through illegal means’.
32
Hence, in human trafficking persons are at some point forced, abused or deceived to be/stay in the system. Human smuggling is, however, an action solely depends on the consent of the smuggled person. Thus, while trafficking persons are regarded as commodities, individuals who are smuggled across borders are more like clients who pay for the service.
33
However, the consent of the victim at conscription or at latter stages does not necessary avert the act from being trafficking as far as consent was obtained through fraud, coercion and deception.
34
Finally, human smuggling is a crime against the sourcing, transit and destination countries through illegal border crossing. Trafficking in persons is, however, a crime goes beyond breaking the law of the countries in the process, and primarily it is a crime committed against the trafficking persons through deception, coercion, repeated exploitation, restricted movement and other means.
Beyond these all differences, however, one thing make both trafficking and smuggling parallel is that both are money-spinning businesses involving human beings and organized criminal networks or groups that make profits out of the process.
35
There are also situations in which all of the trafficking, smuggling and irregular migration issues happen concurrently in a single process. For instance, trafficking often involves smuggling of deceived women and children across international borders. Besides traffickers are usually resort to illegal entry into a transit or
32 Protocol against the Smuggling of Migrants by Land, Sea and Air, Supplementing the UN Convention against
Transitional Crime, Article 3… supra, footnote 30, provides that: (a) “Smuggling of migrants’ shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of then illegal entry of a person into a State Party of which the person is not a national or a permanent resident;” (b) “Illegal entry shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State.”
33 AIC. (2008). People Smuggling Versus Trafficking in Persons: What is the Difference?
Canberra, Australia:
Australian Institute of Criminology (AIC), pp. 1-2. Retrieved December 7, 2012, from http//:www.aic.gov.au
34 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children… supra , footnote 13, Article 3; cf. also in footnote 14, 17 and 21.
35 Asefach, R. H … supra, footnote 28.
17
destination country to cut-off and reserve their victims from their socio-cultural circumstances, to easily exploit, abuse and control them.
36
2.1.4.
Trafficking in Women
Trafficking in women is a gender specific concept of looking trafficking in persons from the women’s side. It shares all characteristics and features of trafficking in persons, but it focuses on the women in view of their particular vulnerability to trafficking crimes. Therefore trafficking in women can be defined as:
All acts involved in the recruitment and/or transportation of a woman within and across national borders for work or services by means of violence, or threat of violence, abuse of authority or dominate position, debt bondage, deception, or other forms of coercion.
37
It covers women who have suffered intimidation and/or violence through the trafficking and that initial consent may not be relevant, as some enter the trafficking chain knowing they will work as prostitutes, but who are then deprived of their basic human rights, in conditions which are akin to slavery.
38
Thus, while trafficking in persons is a crime targeted on all human beings including men, women and children in general, trafficking in women is a criminal act directly beleaguered on the women or girls. However, other parts of the community can be also circuitously affected by trafficking in women crimes. Thus, sometimes it may turn out to be a crime against children and the whole community. Besides, the major elements (the act, means and purpose) of both crimes as well as the duty bearers are almost the same.
39
Nevertheless, the right holders may become dissimilar.
40
36 Martens, J., Pieczkowski, M., & Vuuren-Smyth, B. V. (2003). Seduction, Sale and Slavery: Trafficking in Women and Children for Sexual Exploitation in Southern Africa.
Pretoria, South Africa: International Organization for
Migration (IOM), pp.1-15.
37 GAATW. (2012, September 9). Global Alliance Against Trafficking in Women . Retrieved September 9, 2012, from http://www.gaatw.org
38 Communication from the Commission to the Council and the European Parliament on a Community immegration
Policy, COM (2000) 757 (European Commission 2000); and European commision communication on trafficking in women for the purpose of sexual exploitation, COM (96) 0567 (Eropean Union 1996). Retrived October 15, 2012, from http://www.europa.eu.int/eurlex/en/com/cnc/2000/com2000 0757 en01.pdf
39 In the international human rights regime the state is a primary duty bearer for every human right violation committed within its jurisdiction, regardless who commits these violations. Even though individuals or groups have to take a responsibility for their actions, the state have also the duty to ensure that and provide justice mechanisms
18
2.2.
Root Causes of Trafficking in Persons
2.2.1.
Pushing (Supply Side) Factors
Poverty is the leading driving factor for many women joins the trafficking process. Additionally, other related factors including lack of employment opportunities, corruption, gender inequality and illiteracy can also mentioned as major reasons compelling many persons to search their dreams overseas. Besides, strict immigration procedures may frustrate the potential trafficking persons to choose illegal means of leaving the country. Generally, recession and failing economies in the developing nations are compelling unfortunate people to bond themselves to the trafficking routes, in seeking their missing needs somewhere else outside the country.
41
Moreover, globalization and the sophisticated conditions it creates are facilitating more the fleeing process.
2.2.2.
Pulling (Demand Side) Factors
From the demand factors part, shortage of and thus demand for cheap and low-skilled labor in some sectors is invite many persons in the developing countries. Trafficked persons are used to fill the labour gap in agriculture, construction, manufacturing, domestic work, and sex work areas. These opportunities have caught the mind of many underprivileged people who are in deadly needing and searching of any opportunities for survival.
42
As evidence, researches indicated that various countries are dependent on trafficked workers to fill labor shortages in sectors. These sectors are low paying, dangerous, and poorly-regulated.
43
These kinds of jobs are sometimes called as ‘3D’ jobs: it is to mean dirty, degrading, and dangerous jobs. Thus, that makes every person accountable. Thus, even for the offences of individuals the state is responsible for not taking appropriate protective measures to the victims.
40 The right holders in the human trafficking case are every human beings, whereas the right holders in the trafficking in women case are the women.
41 Anteneh, A … supra, footnote 4, p. 11; cf. also footnote 6, 7, 8, 19, 20, 21, 22 and 23.
42 Ibidem, p. 12.
43 HRW. (2010). Rights on the line-- Human Rights Watch work on Abuses against Migrants in 2010.
New York,
USA: Human Rights Watch (HRW), p. 7.
19
trafficking is an effort made to connect the needy people with these dirty jobs illegally, and make profits out of it.
44
2.2.3.
Factors Create Impunity
Correspondingly the trend of impunity resulted from insufficient or inadequate laws, poor law enforcement, ineffective penalties, corruption, complacency and invisibility of issue is contributing more to the spread of trafficking in women patterns. The sum of these gaps gives trafficking criminals ample chance to not hold accountable and get appropriate punishments for their offences.
45
TRAFFICKING
Figure 1, the Trafficking Triangle
Therefore, the supply, demand and impunity factors in concert creates a condition in which trafficking in women can prosper. Consequently, the resulting situation allows high profits at low risk for the traffickers, but with grave human rights violations for the trafficking victims.
46
44 Taran, A., & Chammartin, G. (2002). Getting at the Roots: Stopping Exploitation of Migrant Workers by
Organized Crime.
Geneva: International Organization for Migration (IOM), p. 4; and UNDP. (2009). Human
Development Report 2009, Overcoming Barriars: Human Mobility and Development.
New York, USA: United
Nations Development Program (UNDP) p.161. Retrieved September 9, 2012, from http://hdr.undp.org/en/ statistics/data/ mobility/people
45 Phinney, A. (2001). Trafficking of Women and Children for Sexual Exploitation in the Americas.
Pan American
Health Organization: Women, Health and Development Program, p. 2.
46 Ibidem.
20
PART TWO: THE GLOBAL, REGIONAL AND NATIONAL REALITIES ON
TRAFFICKING IN WOMEN
2.3.
The Global and Regional Trafficking Patterns
Human trafficking is a pattern, violent in its kind; it sometimes coined as a modern form of slavery, committed against the fundamental human rights of the trafficking women and the law of sourcing, transit as well as destination countries. It is usually articulated by severe forms of labor and sexual exploitation where women are recruited or obtained and then forced to labor against their will through force, fraud or coercion.
47
Besides, women are particularly vulnerable to trafficking and its consequences, considering the inequalities they face in status and opportunity throughout the globe.
48
In times gone by, trafficking in women (as a part of human trafficking) is not something new to the history of human race. But from time to time it is escalating in magnitude, sophistication, complexity and consolidation of trafficking networks.
49 And now it becomes a global dealing that threats almost all countries and generates gargantuan earnings for those who involve in doing so.
50
Trafficking in women is recognized criminal conduct across the world and as a result series of treaties have been adopted in order to stifle it and bring the perpetrators to justice.
51
However in the side of governments there is a gap of looking trafficking just simply as ‘a crime of illegal migration in which trafficking women are often treated as the criminals’. In this context, trafficking becomes just a crime against the state, and victims become the perpetrators of the
47 ACLU. (2007). Human Trafficking: Modern Enslavement of Immigrant Women in the United States.
New York:
American Civil Liberities Union Women's Rights Project, p. 1. Retrieved September 12, 2012, from http://www.aclu.org/ womensrights
48 Ibidem, p.2.
49 Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A. (2002). A
Comparative Study of women trafficked in the Migration Process: Patterns, Profiles and health Consequences of sexual Exploitation in five Countries (Indonesia, the Philippines, Thailand, Venezuela and the United States).
Bangkok, Thailand: United Nations Developments Fund for Women (UNIFEM), p. 1.
50 Ibidem.
51 Eweh, V. J. (2006). Human Trafficking and Child Labour in Africa: Man's Inhumanity to Man.
Standtschlaining,Austria: European University Center for Peace, p. 7.
21
crime of trafficking.
52
Viewed from a human rights perspective, however, trafficking is a crime against the trafficking women victims in which women’s desire to migrate is preyed upon.
Within the context of migration, trafficking is exploited migration . Even legal migrants can be trafficked. Hence, for these reasons, human trafficking needs to be viewed as a problem of exploitation.
53
Though there is no exactness in the number of women trafficking worldwide, the numbers released in different reports are good indicators for how much the problem is intimidating women’s life. Accordingly, figures released by the IOM in 2001 point toward that an estimated
700,000 to 2 million women and children are trafficked globally each year.
54
In the U.S. reports, the numbers regarding the persons trafficked worldwide are vary from year to year from 700,000 to 4 million in 2002, toward 800,000 to 900,000 in 2003, and toward 600,000 to 800,000 in 2004 and 2005, along with the United States Agency for International Development (USAID) estimates of the number of persons trafficked worldwide in 2012 range from 12 to 27 million.
55
Additionally, as to the estimates of the ILO, in the year 2005, at least 2.5 million persons worldwide find themselves in forced labor as a result of trafficking at any given time, in which
70 to 80 percent of them are women.
56
As evident from the chart below (figure 2), most of the women trafficked worldwide are mainly sourced from less developed and less stable countries to the countries have better economic development and job opportunities. In point of fact, Ethiopia is the only African country ranked within the top ten origin countries for trafficking persons worldwide. Most of the top sourcing
52 Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A… supra , footnote
49, p.8; cf. also footnote 50.
53 Ibidem .
54 IOM. (2001). 2001 Trafficking in Migrants.
Geneva, Switzerland: International Organizationfor Migration (IOM).
55 Kelly, L. (2005). 'You Can Find Anything you Want': A Critical Reflection on Research on Trafficking in Persons within and into Europe. In IOM, Data and Research on Human Trafficking (pp. 237-238). Vienna, Austria:
International Organization for Migration (IOM); US Department of State. (2005). Trafficking in Persons (TIP)
Report.
Washington DC, USA: United States Department of State; and USAID. (2013, February 13). United States
Aid for International Development.
Retrieved March 9, 2013, from http://www.usaid.gov/trafficking
56 Belser, P., & Cock, M. D. (2005). ILO Minimum Estimate of Forced Labour in the World.
Geneva, Switzerland:
International Labour Office (ILO), pp. 4–5. Retrieved September 11, 2012, from http://www.ilo.org/wcmsp5/ groups/public/ed_norm/declaration/documents/ publication/wcms_081913.pdf; and US Department of State. (2005).
Trafficking in Persons (TIP) Report.
Washington DC, USA: United States Department of State.
22
countries are from developing countries in Asia and Eastern Europe. The following chart shows the top ten origin countries for trafficking victims worldwide in the year 2011.
Top 10 Countries of Origin for Trafficked Victims in 2011
Ukraine
Haiti
Yemen
Laos
Uzbekistan
Cambodia
Kyrgyzstan
Afganistan
Belarus
Ethiopia
0 200 400 600 800
Assisted Cases of Trefficked Victims in Number
1000
Source: IOM Trafficking Case Data
57
Figure 2, Top Countries of Origin for Victims of Trafficking in 2011
According to the ILO study, Asia and the Pacific take the first rank for being the leading destination regions for trafficking victims come from different corners of the globe, with an estimated 1.36 million (56%) persons trafficked for forced labor. Besides, about 270,000
(10.8%) victims are trafficked to industrialized countries, 250,000 (10%) to Latin America and the Caribbean, and around 230,000 (9.2%) persons to forced labor in the Middle East and North
Africa. In being a destination, the lower estimates are given for Sub-Saharan African Countries
130,000 (5.2%) and for transition economies 200,000 (8%) by reference to the fact that many trafficking victims from these regions are trafficked towards other regions, including industrialized countries.
58
57 Serojitdinov, A. (2012). IOM 2011 Case Data on Human trafficking: Global Figures and Trends.
Geneva,
Switzerland: International Organization for Migration (IOM), p. 29.
58 Ibidem.
23
Many women who are trafficked for domestic labor purposes may later on end up being sexually exploited as well.
59
This is unfortunate chiefly for those who live in the ‘third world’ countries; though trafficking is not always an economic query. As an illustration, an estimated number of
(at least) 8,000 Nigerian women have been trafficked into street prostitution in Italy. Another
5,000 Albanian, Moldavian and Ukrainian women have also been trafficked into Italy where they are made to prostitute out of rooms, apartments, small hotels, massage parlors and even exclusive clubs.
60 The following bar graph shows the major destination regions for trafficking women victims worldwide.
Major Destination Regions for Trafficked Women Victims in Region in the Year 2011
56%
10%
9,20%
10,80%
8%
5,20%
Asia and
Pacific
Latin America and the
Caribbean
Middle East and North
Africa
Sub-Saharan
African
Countries
Industrialized
Countries
Countries in
Transition
Source: the African, Caribbean and Pacific Group of States (ACP)
61
Figure 3, Major Destinations for Trafficking Women Victims in Region
59 Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A… supra , footnote
49; cf. also in footnote 50, 52 and 53.
60 Gualtiero, V. (2000). The New Slaves: Prostitutes and Prisoners. Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R.,
Hynes, H. P., Rodriguez, Z. R., & Santos, A… supra , footnote 49; cf. also in footnote 50, 52, 53 and 59.
61 Susanne, M. (2011). Global Phenomenon, Invisible Cases: Human Trafficking in Sub-Saharan Africa, the
Carbbean and the Pacific.
Brussels, Belgium: The African Carribean and Pacific Group of States (ACP)
Observatory on Migration.
24
In country level the IOM identifies another ten top destination countries for trafficking victims sourced from various parts of the world. The following bar graph presents the world’s top ten destination countries for trafficking victims in the year 2011.
900
800
700
600
500
400
300
200
100
0
Top 10 Countries of Destination for Victims of Trafficking in the Year
2011
Source: IOM trafficking Case Data
62
Figure 4, Top 10 Countries of Destination for Victims of trafficking Worldwide in 2011
Beyond the numbers, for victims of trafficking, the death-defying conditions of the journey may produce illness and injury. Many trafficking women face the threat of injury and death, even in the migrating process. The lack of social and legal protection in the destination countries gives traffickers and employers power over trafficking victims. This power may be exercised through physical, emotional and sexual abuse and threat.
63
Furthermore, trafficking women are particularly vulnerable to violence and sexual exploitation by the traffickers and officials such as police, immigration authorities, and border guards. Because they are undocumented, have little knowledge of the language of the country to which they are trafficked, and no legal knowledge of their rights, many are raped and sexually exploited.
64
Generally speaking, the chief purpose of the trafficking movements is to exploit the victims in all available means. Hence trafficking women are finally exposed to many forms of exploitation. As
62 Serojitdinov, A … supra, footnote 57; cf also footnote 58.
63 Anteneh, A … supra , footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41 and 42.
64 Ibidem.
25
an illustration, world widely around 43% of them are trafficked for commercial sexual exploitation. Additionally, around 32 % for economic exploitation and the remaining 25% are trafficked for other types of exploitations include (but not limited to) forced marriage, forced labor and body organ removal.
65
Forms of Exploitation faced by Trafficking Women in Destination
Worldwide in the Year 2007
25%
43%
Sexual Exploitation
Economic Exploitation
Others
32%
Source: International Labour Organization 66
Figure 5, Forms of Exploitation faced by Trafficking Women at Destination in the year
2007
Therefore in destination, trafficking victims are exposed to different forms of exploitation and abuses. This may include forced to work in the sex trade, to perform other types of labor; such as domestic servitude, factory work or agricultural work. As a result, trafficking victims are commonly experience physical and psychological abuse; including beatings, sexual abuse, and food and sleep deprivation, threats to themselves and their family members, and isolation from the outside world.
67
2.4.
Human Trafficking Record of East African Countries
Trafficking occurs when persons are transported, in a context of exploitation, from a place of origin to a final point or destination. In some cases the destination may be far from the place of
65 ILO. (2007). Forced Labour Statistics Factsheet. In Friesendorf, C. Strategies against Human Trafficking: The
Role of the security.
Geneva, Austria: National Defence Academy and Austrian Ministry of Defense and Sports, p.
39.
66 ILO. (2007). Forced Labour Statistics Factsheet.
Geneva, Switzerland: International Labour Office (ILO).
67 ACLU… supra , footnote 47; cf. also footnote 48.
26
origin and trafficking persons may pass through many transit points.
68
The figure below shows the relationship between origin, transit and destination countries in east Africa.
• Ethiopia
• Kenya
• Tanzania
• Uganda
Origin Transit
• Sudan
• Tanzania
• Kenya
• Somalia
Destination
• Sudan
• Kenya
• Somalia
• Djibouti
• Southern Sudan
Figure 6, the Relationship between Origin, Transit & Destination Countries in East Africa
There is an immense diversity of people being trafficked from, to and through Africa. Most often they are women, but children; both girls and boys, and men are also targeted for trafficking.
69
All countries in East Africa have been identified as origin, transit or destination points for trafficking women victims.
70
Trafficking flows in the East African region covers an intra-regional and inter-regional routes. It sometimes ends within the countries in the region, but also may extend to Europe and increasingly the Gulf States. For instance, Ethiopian women are mostly trafficked through Kenya and Tanzania and are then abused as domestic workers in Lebanon.
71
Additionally, girls from
India and South Asia have reportedly been trafficked to Kenya.
72
68 UNICEF. (2003). Trafficking in Human Beings, Especially Women and Children, in Africa.
Florence, Italy:
United Nations Children's Fund (UNICEF) Innocenti Research Centre, p. 10.
69 UN. (2006). Trafficking in Human Beings: Global Patterns.
Vienna, Austria: United Nations Office for Drugs and
Crime (UNODC). Retrieved October 21, 2012, from http://www.unodc.org/unodc/en/trafficking_human_ beings.html
70 Barwise, K. (2006). Breaking the Cycle of Vulnerability: Responding to the Health Needs of Trafficked Women in
East and Southern Africa.
Pretoria, South Africa: International Organization for Migration (IOM) Regional Office, p. 21.
71 Aderanti, A. (2005). Review of Research and Data on Human Trafficking in Sub Saharan Africa. International
Migration, 43 , 1-2., pp.1-2.
72 Susanne, M… supra , footnote 61, p. 2.
27
Table 1, Human Trafficking Record of East African Countries
Country
Trafficking
Position
Category of Victims by Sex/Age Purpose of Trafficking Common Destination Places
S T D M W Ch
Kenya
Forced labor
Sexual exploitation
Domestic servitude
Enslavement in massage parlors and
Middle East
Other African nations
Western Europe
North America
brothels
Manual labor
Tanzania
Uganda
Ethiopia
X
X
X
X
X
X
X
Forced labor
Sexual exploitation
Domestic servitude
Forced labor
Sexual exploitation
Cooking
Pottering
Combatant
Sex slavery
Agricultural work
Forced marriage
Forced labor
Sexual exploitation
Domestic servitude
South Africa
Oman
United Kingdom
Other European
Middle East
Southern Sudan (mostly abducted by the rebel group known as Lord
Resistance Army)
Kenya
Middle East
Europe and North
America
Middle East (particularly
Lebanon)
Egypt
South Africa
Kenya
Libya
Somalia
Sudan and
Djibouti
Key of Abbreviations: S=Source Countries, T=Transit Countries, D=Destination Countries, M=Men, W=Women and
Ch=Children.
Source: International Organization for Migration
73 IOM … supra , footnote 25.
73
28
2.5.
The National Context of Trafficking in Women
Looking it from national perspective, Ethiopia is a source country for young women who are subjected to forced labor and sexual exploitation in various destination countries around the globe.
74
As a matter of fact, thousands of Ethiopian women are trafficked each year through the sky, desert and ocean slayer routs, largely for domestic servitude to the Middle East and the Gulf
States as well as to neighboring countries including Djibouti, Kenya, Sudan and Tanzania.
75
The trafficking purposes are different, while majority of the women are trafficked for domestic labor, a small percentage of these women seem to end up in the sex trade after arriving in the countries of destination.
76
There are reports indicating that up to 1,000 women leave the country every month to find jobs as domestic workers abroad.
77 In other words, around 12,000 Ethiopian women are annually trafficked in searching their dreams abroad. With this numbers Ethiopia is currently ranked 10 th among the world’s top ten source countries for trafficking victims, with 122 assisted trafficking cases by the IOM in the year 2011.
Besides, numerous Ethiopian women engaged in domestic servitude in the Middle East and other destination countries are faced with sever human rights violations, including physical and sexual assault, denial of salary, sleep deprivation, withholding of passports, confinement, and murder.
Many are also driven to despair and experience psychological problems, with some committing suicide.
78
There are two possible ways trafficking women may use to leave Ethiopia: one is through using air transport to the destination country passing through the visa process, and second crossing the border to neighboring countries through the ‘desert routes’ in foot and car transport (sometimes packed in containers). Hence there are well recognized trafficking routes include the passageways to South Africa through Moyale; to Saudi Arabia through Bossasso; to Saudi
74 U.S
… supra, footnote 1.
75 ICMPD. (2008). East Africa Migration Route Initiative Gaps and Needs Analysis Project Country Reports:
Ethiopia, Kenya, Libya.
Veinna, Austria: International Centre for Migration Policy (ICMPD), p. 35. Retrieved
September 5, 2012, from http://www.icmpd.org
76 U.S. (2007). Trafficking in Persons (TIP) Report.
Washington DC, USA: United States Department of State.
Retrieved September 7, 2012, from http://www.gvnet.com/humantrafficking/ Ethiopia-2.htm
77 ICMPD… supra , footnote 75.
78 U.S… supra , footnote 1; cf. also footnote 74.
29
Arabia and UAE through Afar, Djibouti and Yemen; to Sudan through Metema; to Djibouti through Dire Dawa; and to Lebanon, Saudi Arabia and UAE through Bole International
Airport.
79
PART THREE: INTERNATIONAL, REGIONAL AND NATIONAL INSTRUMENTS
RELEVANT FOR COMBATING TRAFFICKING IN WOMEN
2.6.
International and Regional Instruments
International human rights instruments are useful tools for skirmishing trafficking in women.
The most acceptable and contemporary instruments that have set the way for how to define, prevent, and prosecute human trafficking are the UN Convention against Transnational
Organized Crime and its two related protocols: the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, 80 and the United Nations
Protocol against the Smuggling of Migrants by Land, Sea, and Air, which entered into force in
2003/2004.
Besides, the fundamental human rights violated in the context of human trafficking are clearly stipulated firstly under the Universal Declaration of Human Rights (UDHR), including the right to life and security of person; right to be free from slavery or servitude; right to freedom of movement; right to be free of torture or cruel, inhuman and degrading treatment; right to health; and right to free choice of employment. Particularly, a number of international human rights conventions have addressed the right of an individual not to be trafficked, including Convention
79 Anteneh, A … supra , footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41, 42, 63 and 64.
80 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime… supra, footnote 17; cf. also footnote 18, 27 and 31, requires the “Assistance and Protection for trafficked persons in appropriate cases and to the extent possible under domestic law: Protecting privacy of trafficked person with regard to legal proceedings, Information on relevant court and administrative proceedings and facilitate trafficked persons to present their views and concerns in nonprejudicial manner in court proceedings, Measures for physical, psychological and social recovery in cooperation with NGOs including appropriate housing, counseling and information in native language, medical, psychological and economic assistance and employment, educational and training opportunities, Special needs of child victims especially in regard to housing, education and care, Physical safety of victims, Possibility of obtaining compensation”; Article 6 (1-6), “Possible temporary or permanent resident status in destination countries in appropriate cases ”; Article 7, “Measures to prevent and combat trafficking in persons and protect trafficked persons from re-victimization”; Article 9 (1), and to “Address factors that make persons vulnerable to trafficking such as poverty, underdevelopment and lack of equal opportunity”; Article 9 (4).
30
on the Elimination of All Forms of Discrimination against Women (CEDAW),
81
Convention on the Rights of the Child (CRC),
82
International Covenant on Civil and Political Rights (ICCPR)
83 and International Covenant on Economic, Social and Cultural Rights (ICESC).
84
Furthermore, the Supplementary Slavery Convention also calls for the abolition of slavery and slavery-like practices including debt-bondage & serfdom,
85
which are essential elements of trafficking in women practices. In the same way, the UN Conventions on Migrant Workers, 86
UN Slavery Convention, African Charter on Human and Peoples Rights, Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Women In Africa, African Union
Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and
81 Convention on the Elimination of All Forms of Discrimination against Women, General Assembly Resolution
20378, of 18 December, (1979), Article 6 clearly stipulated that “State Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.”
82 Convention on the Rights of the Child, General Assembly resolution 44/25, of 20 November, (1989), Article 11
(1) and (2) reads “States Parties shall take measures to combat the illicit transfer and non-return of children abroad.”
“To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements” and “States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form”; Article 35.
83 International Covenant on Civil and political Rights, General Assembly Resolution 2200A (XXI) of 16 December,
(1966), Article 8 (1) (2) clearly stipulated that “No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. And “No one shall be held in servitude.” Additionally in the same article (3) reads
(a) “No one shall be required to perform forced or compulsory labour.” Moreover, the Human Rights Committee of the ICCPR has repeatedly referred to trafficking in women as a violation of Article 8 that no one shall be held in slavery or servitude.
84 International Covenant on Economic, Social and Cultural Rights, General Assembly Resolution 2200A (XXI) of
16 December, (1966), Article 6 stated that the “Right to do work that one freely chooses under conditions protecting fundamental freedoms of the individual”, the “Right to just and favorable conditions of work”; Article 7, the “Right to adequate standard of living including food, clothing, housing”; Article 11, and the “Right to physical and mental health”; Article 12.
85 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to
Slavery, (1956), Article 1 requires the “Abolition of slavery-like practices including debt-bondage & serfdom, forced marriage and sale/ transfer of children for labour exploitation (all further defined within this article)”, and word by word reads an “Act or attempted act of enslaving or inducing another to slavery or slavery-like practices is a criminal offence”; Article 6.
86 Convention on the Protection of the Right of All Migrant Workers and their Families, (1990), Article 11 plainly
“Prohibits torture or cruel, inhuman or degrading treatment or punishment, slavery, servitude, forced or compulsory labour.” It also provides migrants with the “Right to liberty and security of person; Effective protection by the State against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions; Minimum standards with regard to verification of identity, arrest, detention; Article 16 (1) (2)
(3-9); Minimum standards with regard to the labour conditions of migrant workers, remuneration, medical care and social security”; Article 25-30. It also makes a statement entail “To impose effective sanctions against persons, groups or entities which use violence, threats or intimidation against migrant workers in an irregular situation”;
Article 68.
31
Children
87
and ILO Conventions No. 29
88
and No. 105
89
are some of the relevant human rights instruments deal with trafficking in women and rights violated in the trafficking process. Thus can be employed to prosecute grave human rights crimes committed against the trafficking women victims.
Therefore, at least in principle, states have a responsibility under international law to act with due diligence to prevent and prosecute trafficking and to assist and protect trafficking women victims: the duty to protect, provide and fulfill. Additionally, states have a duty to ensure that counter trafficking measures shall not adversely affect the human rights and dignity of trafficking women victims. However, in practice, the state may act as both protector and violator of human rights of trafficking women victims. Although the development of international instruments in the field of trafficking women rights, critics have noted the predisposition of states to put immigration controls and national security concerns before human rights protection of trafficking victims.
90
2.7.
National Instruments
At national level, the FDRE Constitution specifically insists that “No one shall be held in slavery or servitude. Trafficking in human beings for whatever purpose is prohibited”.
91
The
Constitution also provides for the rights of women in particular comportment.
92
Trafficking in women is also criminalized under Ethiopian Criminal Law.
93
The new Criminal Code reads:
87 African Union Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and
Children, Ministerial Conference on Migration and Development, of 22-23 November, (2006).
88 ILO Convention No. 29 on Forced Labour, (1930), Article 1 laid an obligation on “States to suppress use of forced or compulsory labour within shortest possible period”, and said “Officials shall not constrain any person to work for private individuals, companies or associations”; Article 6.
89 ILO Convention No. 105 on Abolition of Forced Labour, (1959), Article 1 insists the need to “Suppress all forms of forced labour as a means of racial, social, national or religious discrimination”, and taking “Effective measures to secure the immediate and complete abolition of forced labour”; Article 2.
90 Lee, M … supra , footnote 15, p. 34.
91 The Constitution of Federal Democratic Republic of Ethiopia, Proclamation No. 1/1995, of 21 August, (1995),
Article 18 (2).
92 Ibidem , Articles 35 and 36.
93 The Criminal Code was amended in 2005 replacing the one from 1957, but the latter still applies to all acts committed before the new Criminal Code entered into force in April 2005. Endeshaw, Yoseph, Gebeyehu, Mebratu,
& Reta. (2006). Assessment of Trafficking in Women and Children in and from Ethiopia.
Country Office Addis
Ababa: International Organization for Migration. pp. 92-93.
32
(1) whoever by violence, threat, deceit, fraud, kidnapping or by the giving of money or other advantage to the person having control over a women or a child, recruits, receives, hides, transports, exports or imports a woman or a minor for the purpose of forced labour, is punishable with rigorous imprisonment from five years to twenty years, and fine not exceeding fifty thousand
Birr; 94
(2) Whoever knowingly carries off, transports or conducts, whether by land, by sea or by air, the victim mentioned in sub-article (1), with the purpose stated therein, or conducts or aids such traffic, is liable to the penalty prescribed under sub-article (1) above ; 95
Whosoever, for gain, or to gratify the passions of another: (a) traffics in women or minors, whether by seducing them, by enticing them, or by procuring them or otherwise inducing them to engage in prostitution, even with their consent, or (b) keeps such a person in a brothel or let her out to prostitution, is punishable with rigorous imprisonment not exceeding five years and a fine not exceeding ten thousand Birr, subject to the application of more severe provisions, especially where there is concurrent illegal restraint.
96
The Criminal Code also criminalizes attempts to commit an offence (article 27), involvement as a collaborator in an offence (article 37) organizing others to commit trafficking in persons
(article 599), and the involvement of judicial person in trafficking transgressions (article 599
(2)). However, the Criminal Code does not provide a clear definition of trafficking in persons.
In addition, various articles of the Criminal Code deals with trafficking of persons for particular purposes, for instance enslavement (article 596), forced labour (article 597) and prostitution
(article 635). On the other hand, the Palermo Protocol proscribes trafficking in persons for the purposes of the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
97
94 The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414 of 2004, of 9 May,
(2005), Article 597 (1).
95 Ibidem , Article 597 (2).
96 Ibidem , Article 635.
97 Anteneh, A … supra , footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41, 42, 63, 64 and 79.
33
Correspondingly, the Employment Exchange Services Proclamation also criminalizes the sending of an Ethiopian for work abroad without having the required license.
98
Proclamation
No.632/2009 defines ‘employment exchange’ to mean “all the activities of hiring a job seeker and to include advertisement made verbally or in writing, enlistment, recruitment and placement”.
99 Article 25 of the same proclamation further stipulates the unlawful acts for private employment agencies include:
(1) It shall be unlawful for a private employment agency to: (a) deploy a person under the age of
18 to work abroad; (b) charge a worker payments in cash or in kind other than provided for in sub article (2) of Article 15 of this Proclamation; (c) present or give false information to recruit and deploy overseas workers; (d) deploy a worker on a job that harms his moral and human rights or disgrace the country’s image; (e) amend any approved employment contract without notifying the
Ministry and securing its approval; (f) withhold or deny travel or other pertinent documents of a worker, for any reason, without his consent before or after his deployment; (g) deploy a worker to a country other than that specified in the contract of employment or in its license; (h) transfer its license to another person; or engage in providing services other than the permitted type and place of service.
100
(2) It shall be unlawful for a worker to: (a) present false information for the purpose becoming eligible for recruitment; (b) present false information to be included in the personal data form or contract of employment.
101
Even though the Employment Exchange Services Proclamation does not employ the term
‘trafficking’ throughout the document, the principal aim of Article 5 is to proscribe the act of recruiting and transporting Ethiopians abroad without the appropriate permit even if the purpose of such acts is not exploitation. The Employment Exchange Services Proclamation assumes that the purpose of persons or entities that send Ethiopians abroad for work without securing the relevant license is exploitation.
102
98 Employment Exchange Services Proclamation, Proclamation No. 632/2009, of August 6, (2009), Article 5 reads
“any person who wishes to operate a private employment agency shall have to obtain a license from: (1) the regional authority responsible for the employment service if the employment service is rendered within a region; or (2) the
Ministry if the employment service is to hire and send abroad an Ethiopian worker to a third party.
99 Ibidem , Article 2 (8).
100 Ibidem , Article 25 (1).
101 Ibidem , Article 25 (2).
102 Anteneh, A … supra , footnote 4; cf. also footnote 5, 6, 7, 8, 19, 20, 21, 22, 23, 41, 42, 63, 64, 79 and 97.
34
In line with this, the status of ratified international human rights treaties in Ethiopian legal system is open to academic debates. In the one hand, Article 9 (4) of the FDRE Constitution stated that ratified international human rights conventions are an integral part of the law of the country. And so, since the FDRE Constitution is proclaimed as the supreme law of the land, all other laws, including ratified international human rights conventions are void if they becomes contradicting with the constitution.
103
Thus, this makes all ratified international human rights conventions subordinate to the Constitution, as same as the proclamations ratified by the House of Peoples Representatives (HPR). However, the Constitution lacks clarity on which one of them have prevailed, at times a contradiction will occurred between ratified international conventions and proclamations.
104
In other hand, Article 13 (2) of the Constitution stipulates that the fundamental rights and freedoms of the FDRE Constitution should be interpreted in light of the
UDHR and norms and principles of international human rights conventions ratified by Ethiopia.
This gives them higher or at least equal position with the provisions of the Constitution.
105
Nevertheless, beyond the controversies, ratified international human rights conventions can be used as secondary legal grounds to indict human rights violations as part of the Ethiopian law.
To bring to a close, trafficking in persons is a violent kind of pattern threatening the life of many men, women and children throughout the globe. Considering the social inequalities in status and income in various communities around the world, women are particularly vulnerable to these incidents. As reports revealed, East African countries are much known for being source, transit and destination countries for domestic and international trafficking women. Consequently, they are deadly suffering from trafficking problems. In this case, Ethiopia is one of the world’s major source country for many women fled to various destination countries throughout the globe.
103 The Constitution of Federal Democratic Republic of Ethiopia… supra , footnote 91; cf. also footnote 92, Article 9
(1) reads “The Constitution is the supreme law of the land. Any law, customary practice or a decision of an organ of state or a public official that contravenes this Constitution shall be of no effect.”
104 Ibrahim, I. (2000). The Place of International Human Rights Conventions in the 1994 Federal Democratic
Republic of Ethiopia (FDRE) Constitution. Journal of Ethiopian Law , 132-134.
105 Ibidem , pp. 137-138.
35
CHAPTER THREE: THE SITUATIONS OF TRAFFICKING WOMEN
FROM ETHIOPIA TO SUDAN THROUGH METEMA ROUTE
In this chapter the major findings of the empirical research are presented and discussed.
Accordingly eight selected cases of trafficking women victims are provided. Additionally, some examples of the verbatim expressions or comments of the trafficking women respondents are presented under each sub topics ahead of the discussions. The comments are summarized under different sub topics to effectively demonstrate the full picture of the trafficking process; encompasses the expectations and reasons for leaving, recruitment and negotiation with the brokers, means of transportation, risks in the passageway, the traffickers web, conditions at arrival, means of getting employed, the work condition, moments of being captured, the life in prison and ways of returning home.
The chapter is divided into two parts. Following the background information of the trafficking women victims presented in the first part, the empirical information collected from data sources concerning the situations of the trafficking women victims are discussed in the second part.
PART ONE: GENERAL INFORMATION ON THE RESPONDENTS
3.1.
Background Information of Interviewees
Mainly the foremost participants of the study are women who have passed through and victimized by the trafficking route from Ethiopia to Sudan through Metema.
106
In addition, another four key informants; including one police official, one court judge, one immigration official and one plaintiff were interviewed. Accordingly, while all of the trafficking victim participants are women, all of the participants from the concerned governmental stakeholders are male. The details of the interviewees are presented in Tables 2 and 3 accordingly.
Table 2, General Background Information of Trafficking Women Respondents
1
2
S.No. Selected
Cases
Case 1
Case 2
Sex Age Educational
Level (Grade)
F
F
21
21
6
9
Marital status
Married
Single
Residence before Trafficked to Sudan
Town Region
Jimma
Gondar
Oromia
Amhara
106 The detail information of the trafficked women respondents is provided in Table 3, and Figures 7, 8 and 9 by means of classifying in to Age, Marital Status and Residence sub-categories.
36
5
6
3
4
7
8
Case 3
Case 4
Case 5
Case 6
Case 7
Case 8
F
F
F
F
F
F
19
18
20
18
19
15
6
8
6
7
12
7
Married
Single
Married
Single
Single
Single
Jigjiga
Metema
Gondar
Debarik
Alamata
Gondar
Somalia
Amhara
Amhara
Amhara
Tigray
Amhara
Table 3, General Background Information of Respondents from Concerned Stakeholders
S.No. Sex Age Educational
Level
1 M 25 12
Institution Name
Metema Woreda Police Office
2
3
4
M
M
M
33 1 st
39
Degree
(LLB)
37 1 st Degree
(LLB)
___
Position of the respondent on the Institution
Northern Gondar High Court
Northern Gondar Justice Bureau
Ethiopian Immigration Office,
Metema Branch
Metema Woreda Police Office, Awareness
Raising Team Leader
Criminal Trial Judge in Northern Gondar High
Court
Northern Gondar Justice Bureau, Criminal
Bunch Coordinator
Metema Immigration Office Director
3.1.1.
Trafficking Women Respondents by Age
In general out of the eight trafficking women respondents, one woman was below the age eighteen, five of them were between the age of eighteen to twenty and two of them were between the ages of twenty to twenty-two years. Hence, the minimum age for the women participated in the study is fifteen and the maximum age is twenty-one years. Thus, the average age of the trafficking women respondents is eighteen years.
Trafficked Women Respondants by Age
6
4
2
0
< 18 18-20 20-22
*NB: Average age of the trafficking women participants is eighteen years.
Figure 7, Trafficking Women Respondents by Age
Age
37
3.1.2.
Trafficking Women Respondents by Marital Status
With reference to their marital status, among the eight women on the study three of them were married and five of them were single. No women were reported divorced or widowed situations regarding their marital status.
Trafficked Women Respondants by Marital Status
Married
Single
Figure 8, Trafficking Women Respondents by Marital Status
3.1.3.
Trafficking Women Respondents by Residence
Relating to the habitation region where the trafficking women victims come from, out of the eight women on the study five women were lived in Amhara Regional State, one in Oromia
Regional State, one women in Somalia Regional State and one in Tigray Regional State before they enter into the trafficking route and get trafficked to Sudan through the Metema route.
Hence, the women were collected from different regions of the country, while Amhara Regional
State takes the leading position for being a major source area of the trafficking women victims on the study.
6
3
2
1
0
5
4
Amhara Regional State
Trafficked Women Respondents by Residence
Tigray Regional State Oromia Regional State Somalia Regional State
Residence before getting trafficked
Figure 9, Trafficking Women Respondents by Residence
38
3.1.4.
Background Information of FGD Participants
Generally seven members from different governmental offices nearly work with trafficking issues in Metema woreda area; include Metema Woreda Police Office, Metema Yohannes
Kebele Administration Office, Metema Woreda First Instant Court and Ethiopian Immigration
Office, Metema branch, were participated in the discussion. While all of the FGD participants were male in sex, they were found in different age levels. Accordingly, the minimum age of the participants is twenty-five and the maximum thirty-eight years, with an average age of thirty years. Considering their educational background the minimum is 10 th
grade and maximum 1 st
(BA) Degree, with one to five years work experience in areas related to trafficking in women.
Table 4, General Information of FGD Participants
S.No. Sex Age Education
1
2
3
4
5
M
M
M
M
M
33 al Level
12
32 1 st Degree
(BA)
Work
Experience
3 years
25 and
29
28 and
31
Diploma and
10
1 st Degree
(BA)
5 years and
2 years
1 year and
4 years
38 Diploma 3 years
4 years
Institution Name
Metema Woreda Police
Office
Metema Woreda Plice
Office
No. of partakers
1
2
Metema
Kebele Administration
Office
Yohannes
Metema Woreda First
Instant Court
Ethiopian Immigration
Office, Metema Branch
2
1
1
Position of the respondent on the
Institution
Metema Woreda Police Office,
Prosecutor
Metema Woreda Police Office,
Human Trafficking Awareness
Raising Team Members
Metema Yohannes Kebele
Administration Office, Public
Relations Officers
Metema woreda First Instant
Court, Judge
Metema Immigration Office,
Customer Service Officer
PART TWO: ANALYSIS OF THE EXPERIENCES OF THE TRAFFICKING WOMEN
VICTIMS
3.2.
Expectations and Reasons for Leaving
All of the eight women on the study reported that the main reasons which initiated them to leave their homeland and being trafficked to Sudan are seeking for better money rewarding jobs and the need for change or improvements in their life and life of their families. Accordingly, Case 1 said that the information she heard from a broker about the good money making jobs, rest/leisure times with fee and choice of work make her to reach in a decision of trying her chance in Sudan.
39
Case 3 said her frustration to wait the legal work visa process to another Arab State initiate her to come to a decision to illegally enter to Sudan. Case 4 reported that she was influenced by her relatives living in Sudan. Case 5 said that she has no means of survival at home and it was to search a job in which she can sustain her life. Cases 2, 6 and 8 have hoped to change their lives and the life of their family by the money they planned to save from their salary in Sudan, pertaining to the information they heard from their friends, relatives and brokers. Case 7 said her dismissal from university study makes her to consider such option.
107
The following verbatim examples show how the women articulated their expectations and reasons for leaving:
I initially heard about the good money-making jobs in Sudan from a broker in Addis Ababa. He told me that, ‘you will have times for rest’, ‘you will even be paid 50 Sudanese Pounds at the time of rest added to your salary’, ‘your job will be only cleaning’, and ‘you can also choose what to work’ and so on. (Case 1)
I have to help my mother, though I would like to continue my education at the time. (Case 2)
I decided to illegally travel to Sudan because I frustrated to wait for the work visa process I have started at that time to travel to another Arab country. (Case 3)
My relatives lived in Sudan have invited me to come there and make some money. They told me about the attractive salary paid to domestic workers. That is why I decided to go. (Case 4)
It was the difficulty of life in Ethiopia makes me to leave the country with the hope of getting better job opportunities in Sudan. At the time I was on unemployment, because of my illiteracy. So, it was to change my life. (Case 5)
I have dismissed from Bahirdar University, in the first academic year. Then I decided to not to return home and start searching another options. That was out of fearing the gossip of the community. In this condition I heard about the job opportunities in Sudan from my dorm mate.
Then I met a broker through my friend had a contact with him. (Case 7)
The study shows that the women on the study have pushed by poverty and related problems including unemployment, lack of means of survival and failure in education and searching for a better life to join the trafficking process. Such pushing factors are also primary reasons in other
107 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
40
origin countries for trafficking women victims throughout the world.
108
Almost all of the women on the study have not leaded a stable and satisfactory life in their country before they joined the trafficking route. The women have further pulled by the story of attractive job opportunities and good money making works in Sudan following the deceptive information they heard from the brokers, relatives and friends lived and returned from Sudan. This biased information was making them to hold elevated expectations which were incompatible with the reality in destination. Accordingly, many Ethiopian women have left their homelands to escape poverty and unemployment, and to earn enough money to set up a small business.
109
3.3.
The Recruitment Process and Negotiation with Brokers
Cases 4, 5 and 8 reported that they had initially contacted with a broker through their relatives, and friends lived or returned from Sudan. Cases 2, 3, 6 and 7 were directly contacted and negotiated with a broker. The negotiations have covered the means of transportation and the fees they have expected to pay for the travel arrangement and all services provided to them by the brokers throughout the trafficking process.
110
The following verbatim examples show how the recruitment process and the negotiations with the brokers from the trafficking women perspective:
The brokers are articulate and persuasive. They even have a power to convince employed people to join the route and leave their jobs, apart from students with no career like me. So, I was first persuaded by a broker to travel to Sudan in foot through Metema and then fly to Dubai. However, when I reach in Metema people told me that a lot of people have suffered and died when they try to cross the desert. Then I have changed my mind, and I went back to Addis Ababa to process a temporary tourist visa, which enabled me to travel to Sudan by using a car transport. (Case 2)
I met the broker fortuitously when I went to visit my relatives. At that time I was waiting for a work visa to go to another Arab country for domestic work. He told me about the attractive salaries and easiness of the work in Sudan. He also told me that the travel from Metema to Sudan takes only
108 HRW. (2007). Exported and Exposed: Abuses against Sri Lankan Domestic Workers in Saudi Arabia, Kuwait,
Lebanon and the United Arab Emirates.
New York, USA: Human Rights Watch (HRW), pp. 1-46.
109 Anti-Slavery, I. (2006). Trafficking in Women, Forced Labour and Domestic Work in the Contex of the Middle
East and Gulf Region.
London, England: Anti-Slavery International, p. 9.
110 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
41
one hour. Then I have paid to the broker 4,000 Birr in cash to take me to Sudan, in more I required to pay for bedroom, food and water needed in the way. (Case 3)
My relative who lived in Khartoum has made a contact with a Sudanese broker, and that Sudanese broker contacted me with another Ethiopian broker that lived in Metema. (Case 4)
I have agreed with a broker in Gondar to pay him the overall costs for the transportation service after I reached in Sudan from my wage, because at that time I had nothing to pay. I got the first information from people who were living in Sudan. I heard that the salary paid to house workers is attractive. Then I decided to go and change my life. (Case 5)
A friend of mine, who has lived in Sudan, told me about the work opportunities in Sudan. Then she took me to the broker. The broker told me that he can take me safely to Sudan. He also told me that
I can change my life in a short time and help my families. Finally, I have convinced by his words and so I decided to go to Sudan. At the time I have stolen some money from my family to cover the first payment for the broker. I first paid 2,000 Birr and I agreed to pay the required other costs from my salary in Sudan. (Case 6)
Firstly university dormitory mate told me about the situation in Sudan. She strongly convinced me that the salary of house workers in Sudan is more than enough to change my life shortly. I told her
I have no money to pay for the broker, but she also told me that I can pay the broker after I reached in Sudan from my salary. Then she took me to the broker. The broker also told me in similar terms about the opportunities in Sudan, and he agreed to take the payment for the transportation service from my wage in Sudan. (Case 7)
I initially heard about the job opportunities in Sudan from my relative who lived in Sudan when he came to our home to visit my family. He told me about the 2,000-3,000 Birr salaries of the house workers in Sudan and easiness and safety of the passage. After I heard all this, I asked him to take me to Sudan with him and he agreed. I initially paid 5,00 Ethiopian Birr to him and I agreed to pay the remaining required payment in Sudan from my salary. (Case 8)
The study shows that the recruitment of the trafficking women victims was conducted either directly by the brokers spread throughout the local community or indirectly by using the relatives and friends of the trafficking women victims. Most of the time the local brokers have used their social set of networks within the community to approach and deceived the potential trafficking women victims. In most of the cases the brokers have persuaded the women to initially pay some percent of the required money for the travel arrangement range from 5,00 to 4,000 Ethiopian
Birr, though two of respondents have not asked to make initial payment. In both cases, the
42
trafficking women victims have agreed to pay the remained money from their salary in Sudan.
This exposed them to be seized in debt and conditions akin to slavery. Slavery is one form of exploitation mentioned in the definition of trafficking in persons provided under the Palermo
Protocol. Moreover, the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery is proclaimed debt bondage as one of the slavery-like practices and required its abolishment.
111
Accordingly, an act or attempted act of enslaving or inducing another to slavery or slavery-like practices is a criminal offence.
112
3.4.
Means of Transportation
The women on study have used two ways to leave Ethiopia and penetrate to Sudan. These are firstly by using car transportation for those who got a one month Sudanese tourist visa, and secondly crossing the borders in foot travelling through the desert for those who did not have the entry tourist visa to Sudan.
113 Accordingly, Cases 1 and 2 have used Sudanese tourist visas to convey to Sudan through transportation buses. Cases 3, 4, 5, 6 and 7 has required crossing the desert between the Ethiopia and Sudan (Ethio-Sudan) border walking in foot for a time ranged from one day up to one week. They mentioned that the passages had encompassed a group of trafficking people walking together ranged from fifty to eighty in number. Furthermore, Case 8 was captured in Metema by the Ethiopian Border Security Forces at the time she prepared to cross the border.
The following word for word examples shows the means of transportation:
Firstly I came from Jimma to Addis Ababa by using a bus, and I stayed in Addis Ababa for a while to process Sudan tourist visa. After I receive my visa I went to Metema through Bahirdar and then to Khartoum: Sudan. I used bus transportation to reach all the destinations. (Case 1)
After I reached in Metema, to cross the Ethio-Sudan border through the deserts in foot, I realized that many people have died everyday in the deserts. Then I decided to return back to home and
111 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to
Slavery… supra, footnote 85, Article 1.
112 Ibidem , Article 6.
113 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City; and anonymous interview conducted with Metema woreda Police Office, Human Trafficking
Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at Metema city.
43
process a temporary Sudan tourist visa. Because if I have the tourist visa I can enter into Sudan travelling through a bus transport, and avoid the risks. So, finally, that was what I did. (Case 2)
Firstly I travelled from Jigjiga to Harar by using a bus transport, then to Nazareth in the next day.
After that, I pass the third night in Addis Ababa traveling from Nazareth. From Addis Ababa it takes me another day to reach Chilga; a town near to Metema. I arrived at Metema in the fifth day. Subsequently, I stayed in Metema for the next three days with other travelers like me. Finally, starting from Metema, we travelled in foot almost for a week through the deserts to reached
Sudan. By the time we started travelling from Metema, we were around seventy people together.
We have carried some food and water in a small bag. Most of the times we walked in the night and keep on the day covering under stick huts, made by the brokers here and there to hide from security patrols. In some place near to Sudan, there were a lorry waiting for us and we have entered into Sudan transported on it as stuff. They lied to traffic police men saying as they were shipping potatoes. (Case 3)
We were around seventy to eighty people together, when we started travelling from Metema. We started walking in the night with the broker from Metema. And we travelled in foot through the jungles and desert for four days to arrive at Khartoum: Sudan. (Case 4)
Firstly, we have travelled from Gondar to Metema by using a mini-bus. Once we reached in
Metema, the broker in Metema took us to a large room where many people like us have collected.
We were totally around seventy people hide together in the room. Later than we spent the night in
Metema, the next day we started crossing the desert in foot by the mid night. After we stride for the next day and night with no rest, in the mid of the third night we got a big lorry waiting for us in the forest near to Khartoum. Then we lift up to the back of the vehicle. (Case 5)
To start with, we have travelled from Debarik to Metema in truck. After reaching in Metema, the broker in Metema took us to a room found at the periphery of the town. At the time, we were about sixty persons together waiting an order of the brokers to travel. The brokers collected us to the room and closed the doors upon us. After that, no one has allowed to enter and leave the rooms, particularly the women. They let us urinate by dividing in a group of two or three people together at a night. Then we started travelling at night after we spend two days in Metema. Then we crossed the deserts travelling on foot for six days. We were travelling mostly at night and hided the daylights to not seen by the military patrols. Finally, at the end of the voyage a lorry came at night and then we transferred in to it. (Case 6)
We travelled from Bahirdar to Metema by using a mini-bus. We were about ten people together when we started traveling from Bahirdar. Then, we met a broker in Metema and he took us to an outsized room where we passed the time until we travelled. He informed us about the voyage and the necessities needed to have including water, some food and plastic shoes. He also warn us to
44
not show the broker if we captured by security forces. Finally, we were almost fifty people collected together in the room in Metema waiting for the right time to travel. Then we started crossing the desert at night and we have travelled on foot for almost a week. (Case 7)
Firstly we travelled from Gondar to Metema in a vehicle. In Metema we have taken to a room where we stayed the day and nights before travelling. The room we spend the first night does not have any door and window, it was just open. We were initially two women slept together in that class, but in the next day the broker took us to another room. At last, we reached near to two hundred fifty people divided in to four or five different rooms. In this condition we wait for a week in Metema. After a week one night when we have ready to travel at a midnight the federal police officials came and captured us before we leave Metema. (Case 8)
In addition, as the Metema woreda Police records indicate, many women have been captured by the Police and Border Security Officials at the time they attempted to cross the Ethio-Sudan border illegally. They sometimes captured in Metema earlier than they start moving to cross the border, and sometimes in the deserts when they travel in foot or sometimes lost.
114
Surprisingly, the trafficking women victims were not usually willing enough to disclose the identities of brokers travelled and sometimes incarcerated with them. Metema woreda Police Officer said
‘they never testified against the broker.’ 115
More often than not, this was out of fearing the potential threats possibly bowl from the side of brokers and their collaborators towards them, and sometimes having the plan of travelling again to Sudan using the same trafficker/broker.
116
Figure 10 shows the number of failed trafficking attempt cases reported to the Metema woreda
Police Office in the year 2011/12.
114 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city.
115 Ibidem.
116 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city; and anonymous interview conducted with
Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city.
45
Cases of Trafficking Persons Captured by Security Officials Reported to the Metema Worda Police Office in 2011/12 (from November to April)
Men Women Total
8
10
18
10
22
32
17
25
42
18
19
37
15
15
21
22
November
December
January
February
0
March
1
April
Source: Metema Woreda Police Office
Figure 10, Cases of Captured Trafficking Persons Reported to Metema Woreda Police
Office in the Year 2011/12 (from November to April)
The study reveals that most of the women in the study have crossed the deserts between Ethiopia and Sudan travelling in foot for one up to six days. In two cases the women used temporary tourist visas to travel to Sudan in a vehicle. The brokers have collected the women came from different corners of the country tagged along the trafficking networks to the secrete rooms in
Metema. There are persons who receive and take the trafficking women victims to the furtive rooms called ‘ Shekaba’s, 117
work in partnership with the brokers.
118
The women have stayed for one up to seven days in Metema sharing the rooms with five up to eighty people waiting collectively an order from the brokers to move about. The secrete rooms are built in the margin
117 A ‘Shekaba’ is a person who gets a commission from the brokers for taking the trafficked women victims reached Metema to the hiding rooms. This is to make the actual broker invisible and unknown by the police or security officials.
118 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city.
46
of the City apt to easily exit.
119
Then they started crossing the desert in group (fifty to eighty peoples together) travelling in foot at night and settle the days under trees and wooden huts built at the desert to be out of sight of security officials. Besides, many women have been captured by the police when they try to illegally cross the border.
3.4.1.
Risks in the Passageway
All the women on the study (except Cases 2 and 8) reported that transporting through the deserts in foot has exposed them to many physical and psychological abuses and risky state of affairs.
They mentioned deaths, hunger and thirsty, rape, robbery, kicking, punching, beating and insulations, being captured by security patrols and unknown people, and being lost in the deserts with no money to either return home or enter Sudan as risks the women commonly experienced in the passageway.
120
The following verbatim examples show how the women expressed the risks inflict upon trafficking women travelled in foot from Metema to Sudan:
The brokers have left the women alone in the desert after they took and robed their money. Some of the survivals are sometimes returned to home after staying a week and above in the deserts between, even with no single Birr to buy a drinking water. These women have faced a situation of neither getting to Sudan nor return home. They have wasted and died in between. (Case 1)
My first two attempts to cross the Ethio-Sudan border have not successful. In the first one, I have captured by the border security forces, and one other time we have incarcerated by unknown people in the desert. This person has robbed my gold necklace from my neck in addition to the money what we all have. For instance, they raid 150 Sudanese Pounds from me. Then, it was in my third attempt that I succeed to cross the border and enter to Sudan. In the way, we slept at the jungles in the desert just like as animals. We have starved and thirsting. We sometimes have eaten the fruit of a desert tree locally called ‘gaba’ and groundnuts to kill our starvation. Additionally, we have required to walk fast in the desert, and if we slow down they kicked us through sticks in behind. (Case 3)
In the passage, we have carried some food and water in a tiny bag. Besides, there was nothing to eat and drink in the desert. The brokers traveled with us in the deserts were very cruel. The
119 Ibidem.
120 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
47
problems were even higher in the women than the men travelers. Because of the absolute power they own upon us, the brokers have asked us many things to offer to them including our body. The numbers of women who have raped by the brokers were many. Some of them became pregnant.
There were also women died in the desert. For example, one woman among us has died out of hunger, thirst and being tired. At that time, we have no choice than leaving her in the desert. So we cried and leave her dead body in the desert. (Case 4)
In a place near to Khartoum the lorry was accidentally gone down, carrying around seventy people in the back. Most of us were women. Following the car accident five women have immediately died and around twenty people wounded. I also have some wounds in my leg and my front head, but I was in good health. At that time, the Sudan Police Officers have come and took the badly wounded people to hospital and us to the prison. (Case 5)
The ruthlessness of the passage is difficult to express in words. Hunger and thirst were common, but there were also people among us who have severely sick and exhausted and finally died in the deserts. Along with, three people have severely ill in the passage and unable to move their legs to any further extent. Then we just put them under a tree near to the highway to make them obtainable by the security patrols. I didn’t know if these people have survived or died.
Additionally, the brokers have kicked us, beat us, insulted us and gave us a warning of leaving us behind in the desert if they got a problem with us and if we became tired, decelerate and lag behind the travelers on the voyage. Generally, they have played with the women passengers.
Thank to God I am okay, but there were women among us raped by two and three men at once, slapped and punched when they hesitate to obey. (Case 6)
Most people have not the courage to talk about it, but in the passage many things have happened upon the women. The passage was so nasty, even infamy to talk about it. As a woman, we have experienced rape. For that matter, there were women among us raped by two and three men at one time. And we have received warnings of letting us leave behind in the desert if we look like tired and lag behind the bunch. (Case 7)
At the time we were in the secret rooms in Metema, the brokers have provided us inadequate food and water. They gave us two ‘injera’ for five persons at breakfast, lunch and dinner times, just to keep breathing. (Case 8)
The study revealed that the women has experienced grave human rights (physical and psychological) violations committed against them by the brokers, security officials and unknown people in the deserts, and as the result of the malevolent situation of the passage. The traffickers/brokers have used the absolute power they possessed upon the trafficking women
48
victims to satisfy their sexual and economic desires in force. In the center of the deserts, no one can stop them from doing whatever they wish upon the women.
121
In case in point, the women in the study have witnessed abuses of rape, by one up to three men at once.
122
In the international human rights law the crime of rape has been treated as a crime against humanity.
123 Rape was also proclaimed as form of violence against women in the
CEDAW and Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa.
124 Accordingly, the CEDAW recommendation No. 19 recommends that states should take every legal measure necessary to protect women from all forms of abuse including rape.
125
The women had been robbed their money, jewels and all the valuable things they
121 An interview of Tiliksew Yitayal, Director of Amhara Regional State Labour and Social Affairs Office conducted with Alemnew Mekonen, Amhara Television (ATV), April 22, 2013 in the afternoon 1:12 pm at ATV
Studio.
122 Cases 6 and 7 witnessed the situation of women raped by two and three brokers at once. Additionally anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising Team Leader,
December 22, 2012 in the morning 8:35am at Metema city. He also said that the women were raped by seven and eight men at once, and some of them died out of the misery. The Sudanese had brought the bodies of some of the women to Metema, but most of the women are buried if not eaten by wild animals in the deserts.
123 The Rome Statute of the International Criminal Court, of 10 November, (1998), in its Article 7 (1) (g) classifies
“rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” committed “as part of a widespread or systematic attack directed against any civilian population” as crimes against humanity. In the same way, under the Nuremberg Charter Article 6 (c) proclaimed that crimes against humanity are “atrocities and offences, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape or other inhuman acts committed against any civilian population or persecution on racial, political or religious grounds in execution of or in connection with any crime within the jurisdiction of the tribunal whether or not in violation of the domestic law of the country where perpetuated.
124 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, of 11 July,
(2003), Article 4 (1) reads “every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited; (2)
“states Parties shall take appropriate and effective measures to: (a) enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex whether the violence takes place in private or public; (b) adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women; (c) identify the causes and consequences of violence against women and take appropriate measures to prevent and eliminate such violence; (e) punish the perpetrators of violence against women and implement programs for the rehabilitation of women victims.”
125 Convention on the Elimination of All Forms of Discrimination against Women, General Assembly Resolution
20378, of 18 December, (1979), Article 1.
49
have,
126
which is against their right to property.
127
Additionally, they have experienced physical violence including slapping, kicking, beating and punching in time of delaying behind the travelers and disobeying. Over and above, they have experienced hunger and thirsty,
128
which is against their right to food and freedom from hunger.
129
Besides, their rights to life
130
and security 131 have been violated by the brokers and thorny situations of the passage. The right to life is an inherent right to all human beings proclaimed in many human rights instruments including the ICCPR, 132 the UDHR, 133 African Charter on Human and Peoples’ Rights and
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in
Africa.
126 Case 3 mentioned that unknown people were robbed 150 Sudanese Pounds and gold necklace from her in the desert between Ethiopia and Sudan. She also said that she was re-trafficked for three times, after her first two attempts to cross the border was failed following they were captured by security officials and returned.
127 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948),
Article 17 (1) and (2) reads “everyone has the right to own property alone as well as in association with others.” And
“no one shall be arbitrarily deprived of his property.”
128 Case 3 said she was eating fruit of a desert tree locally called ‘gaba’ to sustain her life. And case 4 and 6 also revealed that they were get food and water problems; and an interview of Tiliksew Yitayal, Director of Amhara
Regional State Labour and Social Affairs Office conducted with Alemnew Mekonen, Amhara Television (ATV),
April 22, 2013 in the afternoon 1:12 pm at ATV Studio.
129 International Covenant on Economic, Social and Cultural Rights, General Assembly Resolution 2200A (XXI), of
16 December, (1966), Article 11 (1) and (2) proclaimed that “the States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent”; “the States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programs”.
130 Case 4, 5 and 6 witnessed the situation of women died out of hunger, thirsty, tired and car accident before they reach to Sudan. These women have not even got the chance of burring in a proper funeral ceremony. Their dead bodies may have eaten by wild animals. Additionally, in the anonymous interview conducted with Metema woreda
Police Office, Human Trafficking Awareness Raising Team Leader, December 22, 2012 in the morning 8:35am at
Metema city.
131 Cases 6 and 7 mentioned that they were received warnings from the brokers in times they feel tired and lag behind.
132 International Covenant on Civil and political Rights, General Assembly Resolution 2200A (XXI), of 16
December, (1966), Article 6 (1) reads “every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”.
133 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948),
Article 3 “everyone has the right to life, liberty and security of person”.
50
3.5.
The Traffickers Web: Sharing Benefits
All the women on the study (except Case 4) has revealed that the brokers are connected each other and with polices and security officials as well as members of the community lived around the trafficking areas, and share the benefits together.
134
The following verbatim examples show the way how the traffickers are networked throughout the trafficking process:
The broker in Sudan has a network with the brokers in Ethiopia. She receives the people propel to
Sudan by the brokers in Ethiopia. She was the one who makes me engaged in domestic work.
Finally, I think they are sharing together the money collected from us. (Case 1)
The brokers have a set of connections. They transferred people from one broker to another broker in contacting through cell phones. In Sudan, the brokers are also working together with police officers and employees and then they share the benefits together. (Case 2)
The broker in Addis Ababa did not travel with us to Metema. He just gave a call to the broker in
Metema and transferred us to him. The broker in Metema has also transferred us to another
Sudanese broker in Galabat, took us through the desert. At arrival in Sudan, the Sudanese broker as well has transferred us to another Ethiopian broker waiting for us in Khartoum. (Case 3)
The broker in Gondar has sent us to Metema and there was another broker received us in Metema and facilitated the transport arrangements for us. (Case 5)
The broker in Debarik has called to the broker in Metema and told him about us. He also gave us his phone number and told us to call him when we reach there. Once again, the third broker travelled with us all the way through the desert has also transferred us to the women broker in
Sudan make a work arrangement for us. All of the brokers involved in the process have finally shared the money collected from me and peoples like me. (Case 6)
The broker in Bahirdar gave us the phone number of a broker in Metema and told us to meet him at arrival. Subsequently, the broker who is facilitating the transportation process in Metema has also shifted us to another Sudanese broker in Galabat. Once again, the brokers guided and travelled with us throughout the desert have transferred us to another broker wait in Sudan. Then he engaged me to house work. (Case 7)
134 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
51
The study indicates that the traffickers/brokers has established an extensive networks encompassed peoples starting from the local brokers sprawling all over the community into the family level to the brokers establish themselves in Sudan. Trafficking women victims have been transformed from one broker to another during the passage.
135
All brokers in each level have their own roles and jobs have to do.
136 In this particular case, the brokers can be categorized into four major clusters. This is by following the key stages of the trafficking networks stretched from each Ethiopian woman’s home to the destination places in Sudan and the roles the brokers played in each step.
The first stage of the trafficking network is the recruitment. The role of the brokers in this stage is identifying and conscripting the potential trafficking women victims and setting connections within the community to facilitate the recruitment process. The second key step in the trafficking network is collecting the trafficking women victims to Metema and preparing them to the passage. And the role of the brokers in this category is facilitating secrete rooms for the trafficking women victims reached Metema and preparing them to the passage. The third step in the trafficking process is Galabat, it is the place (Sudan border town) where the Ethiopian brokers in Metema transfer the trafficking victims to the Sudanese brokers.
137
The trafficking process is mostly end in Khartoum: Sudan with engaging the trafficking women victims to labour works for exploitation. The role of the brokers in this cluster is engaging the trafficking women victims reached Khartoum to domestic labour and other jobs and then collect money from their salary.
The traffickers’ webs have also trapped government executives and police and security officials positioned to combat the problem, using the sweeteners and benefits.
138
Moreover, there are also situations in which the brokers collaborate with close family members, friends and other relatives to execute their trafficking activities. This shows the level of difficulty of suppressing the
135 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city.
136 Therefore, it is must for every broker to play his/her role accordingly in order to complete the process and finally generate money out of it. Hence trafficking is a process requires the combined involvement of various actors.
137 However, this may not always happen. The Ethiopian brokers in Metema may also travel with the trafficked women victims to Sudan.
138 An interview of Commissioner Mesfin Abebe, Deputy Director for Crime Investigation Main Department of
Ethiopian Federal Police Commission conducted with Fana Broadcasting Corporate (FBC), Teguazh Nekash program, January 02, 2013 in the morning 9:22am at FBC Studio.
52
problem, because it involves many actors and interests from the government structure and the community.
3.6.
The Condition Confronts Women at Arrival
All women in the study (except Case 8) reported that the situation at arrival was not matching with the information they have heard at home (in Ethiopia) before they travelled to Sudan. Cases
1, 6 and 7 have received by a broker when they arrived in Sudan. Furthermore, Cases 2, 3 and 4 went to their relatives and families lived in Sudan. Moreover, Case 3 was requested to pay 2,000
Sudanese Pounds before she met her relatives living in Sudan.
139
The following verbatim examples show the conditions confront trafficking women at destination:
After arriving in Khartoum, I have engaged in a job through a broker who make contact women like me with employers. I have engaged in a domestic work. Then the broker took my three-month salary. So, I have worked for free for about three months to pay my debt to the broker. Generally, the situation in Sudan was completely different from the things the brokers told me before in
Ethiopia. If truth be told, it was horrific. They did not even use our name to describe us. They call us ‘habesh' or ‘habeshye', even if they definitely know our name. (Case 1)
I got a job in a foreigner’s house through my relatives who lived in Sudan for long time. I have served as a domestic worker. Actually, in Sudan selling people is a daily business. In the day light, people have putted on the market for transaction. The Sudanese employers have considered us as thieves, naughty and prostitutes. To my surprise, they sometimes think like our sex organ is putted in our forehead. (Case 2)
At arrival I needed to go to my relatives in Khartoum, but the brokers told me that they are not going to release me until I pay 2,000 Sudanese Pounds. So, it is after my sisters lived there in
Sudan transferred the required amount of money through cell phone, the brokers released me and then I can see my sisters. (Case 3)
When I arrived in Sudan a man I know was receipt me, after I gave him a call according to the address he gave me before. He also engaged me in domestic work. (Case 4)
On arrival, the broker who makes us cross the desert has transferred me to another broker lived in
Khartoum, whose job is to engage people to work and collect money from our salary. So, the broker arranged a job for me and she took my three-month wage in exchange. (Case 6)
139 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
53
In Sudan I have transferred to another broker, whose role was to receipt people like me and bind with employers. So, the broker has engaged me to domestic work, and then he took my seven month salary for that matter. Later, after I worked for about nine months in a Sudanese house as domestic worker, I determined to go out and try to do my business on the streets. Because I heard that the money in such businesses was better than the salary of being a house worker. Then I started boiling tea in the street, having my two months’ salary as first capital. (Case 7)
The study shows that the women on the study have realized that they were deceived by the brokers immediately after they arrive in Sudan. The stories they were told by the persons who recruited them at home were totally irreconcilable with the real situation wait for them in Sudan.
Only the women pay the full payment to the brokers were unrestricted to move and met their relatives in Sudan. Nevertheless, the women unable to finish the payment for the travel arrangement at the start have been required to forfeit the remaining money later in arriving at
Sudan from their salary. In one Case the women’s relatives lived in Sudan have paid 2,000
Sudanese Pounds to take the women from the hand of the brokers.
140
In three Cases the women were seized as debt bondage until they ended paying the compulsory fee to the brokers from their salary.
The women participants also revealed that in their arrival the Sudanese were not receive and treat them with due respect. For example Case 1 said that they even did not use her name to describe her, rather preferred to use a name commonly used to describe all Ethiopian women, called
‘habesh’
. Case 2 also mentioned that in Sudan Ethiopian women were branded as thieves, naughty and prostitutes. Therefore, they have been undermined and treated accordingly as subhumans.
As further evident in the study, the trafficking women participants have been predominantly engaged in domestic work and street tea boiling/selling activities. The brokers in Sudan have played the role of receiving and searching a job to the trafficking women transferred to them, and then collecting the remained payments from their salary. In doing so, the women were remained seized in debt. Therefore, they turn out to be slaves with having no right to leave or change their jobs as well as having no claims even at the time their life and rights have been threatened. This continues until the brokers obtained their earnings from the employers. For that reason, the
140 Anonymous interview conducted with trafficked women returnee, December 24, 2012 in Metema City.
54
participants have not received their three up to seven month salary to end paying their debts.
Most of the women were engaged to work through brokers, but in two cases the women have hired to a work through their relatives and friends.
3.7.
The Work Environment
All the women on the study (except Cases 5 and 8) reported that the work condition they were engaged in Sudan was abusive. Accordingly, Case 1 said that she was not allowed to go outside the house and denied rest, and she was beaten, slapped and kicked and deprived food by her employer. Case 2 said she was observed a situation of a woman whose naked pictures were distributed by a Sudanese man in the internet and one another women forcefully take HIV/AIDS test. Case 4 said that she was tried to conceal her grief from her employer, in fearing the unpleasant consequences. Case 6 stated that she was denied to go outside the home for about seven months. And Case 7 said that she was not receiving salary for seven months and her employer was mistreating her.
141
Here are some verbatim examples show how the women uttered the work condition in which they were engaged in Sudan:
We did not allow going outside the house compound, even to throw garbage. The employer was took us from the broker in a car and brings us in the same way if it is necessary. They do not want us to see the outside. There are women works for eight and nine months for free, as their salary was paid to the broker. This continues until we finish the contract the broker gets with the employers. Above all, taking a rest is forbidden. The employers have compelled us to work without break and punish us if we stop working through punching and food deprivation. (Case 1)
One Sudanese man was distributing naked photos of a woman I know in the internet and one other woman have deported after she stayed for about two months in Sudan, accused for being HIV positive, but she was not. She was free, it was just defamation. Actually, there are many women deported in alike false accusations. (Case 2)
How could it be good? In order to keep my job, I was smiling only to cry inside. I was hoping that the future will be better. (Case 4)
141 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
55
Sudan is a place where ‘habesha' or Ethiopians have treated as cattle and somewhat a trash. We were living with no respect and denied our humanity. The employers do not have any respect for us. They do not even count us as a human creature. They have treated us as a commodity. Besides, they have repeatedly abused us. This includes verbal and physical harassments, laying overburden on us as punishment, denying rest and going outside the home. My employer was not particularly willing to let me move outside the home until I finish my seven month contract. (Case 6)
Subsequent to seeing the work condition there, I regretted my decision to travel to Sudan. It was disgusting. I have not received any salary for about seven months. Because it has paid to the broker to cover the transport cost. After all it was the broker made a contract with the employers, not me. I started receiving my salary by the eighth month. Besides, my employer was heartless to me. She even does not want me to look straight towards her husband. I think she has suspected me for seducing him. (Case 7)
As evident from the study, the work environment in Sudan was not safe for most of the women engaged in domestic work and street tea selling. In Sudan, especially Khartoum, many Ethiopian women are seen involved in informal sector activities, where it has been met with considerable hostility and harassment.
142
All the women on the study did not sign any contract with their employers; rather it was the brokers got a deal with the employers on the behalf of the women.
This grants the brokers an absolute control over the life of the women and their salary.
Besides, they have been experiencing a number of abusive situations that intimidated their very existence. As an illustration, the women witnessed that threats were come from the side of the employers as well as brokers. They have been seized for a debt and compelled to serve for three up to seven months without salary in conditions comparable with slavery. The women have restricted to move outside the home compound, which violated their right to freedom of movement.
143
In addition, the women have faced physical violence. As an illustration, they have been beaten, slapped, punched, denied rest and forced to work without breaks along with punished with overloads of work. Furthermore, the women also revealed that they have experienced psychological abuses. Accordingly, they have been disrespected and treated as sub-
142 Anti-Slavery, I. (2006). Trafficking in Women, Forced Labour and Domestic Work in the Contex of the Middle
East and Gulf Region.
London, England: Anti-Slavery International, p. 14.
143 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948),
Article 13 (1) and (2) stipulated that “everyone has the right to freedom of movement and residence within the borders of each state”; and “everyone has the right to leave any country, including his own, and to return to his country.” In the same way, the ICCPR also recognizes the right to freedom of movement.
56
humans, deceived to engage in pornographic activities, involuntarily take HIV/AIDS test, defamed and verbally insulted.
144
3.8.
The Moments of Being Captured by the Police
Cases 1, 2 and 7 reported that they have captured by Sudan Police Officials when they were at work. Cases 1 and 7 have been occupied in street tea boiling activity at the time they have been captured and Case 2 working in Sudanese house as a domestic worker.
145
The following verbatim examples show the manner trafficking women workers have captured by the police:
I have occupied on street tea selling activity at the time the Sudan Police Officials captured me. It was after I stayed for about two years and five months in Sudan. They just fortuitously came and arrest me. I even did not have a time to collect my money and belongings located here and there.
(Case 1)
It was after I stayed and work for about three years in Sudan; the Sudan Police Officers captured me when I just walk in the road getting some rest after work. (Case 2)
One day when I was in my daily business; I mean selling tea in the street, Sudan Police Officials captured me and become imprisoned. Unfortunately it was just after one month in which I engaged to this business. (Case 7)
The study indicates that those women who have deported by the Sudan government (occurred in
Cases 1, 2 and 7) were captured after staying for long period of time in Sudan (ranged from nine months to three years). They have captured accidently with having no idea and preparation to leave, and have no time to collect their money and belongings. Finally, they have returned home with having nothing except the clothes they dress in. Thus, they had deprived everything what they have strived for and the assets they have accumulated for years to change their lives at the time they returning home.
144 Generally, all of the women on the study passed through this route have in common used the word ‘disgusting ’ to describe the overall condition of the work in which they were engaged.
145 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
57
3.9.
Life in Prison
The women in Cases 1, 2, 5 and 7 stated that they were held in prison in Sudan later than they are captured and accused for being illegal to enter and work in Sudan. The prison sentences range from one week to two years.
146
The following verbatim examples show the manner trafficking women treated in Sudan prisons:
The abuses committed on us in the prison were totally intolerable. For example one woman who was arrested with me has died after reaching in Metema, following harshly beaten by the guards in the prison where we detained. The prison guards were very cruel. There were women in the prison sentenced for six months, one year, and two years. Generally, the condition of the prison was nasty. We were regularly required to clean the bath rooms, urinate and defecate of the prison guards known as ‘jinhub' in our hands just with water. Every day, we start our daily job by cleaning the prison compound and the corridors in the dawn 4:00-5:00 am. (Case 1)
Following the court decision, I have sentenced for about two months and five-day prison for working without a work permit. In the prison there were a lot of women arrested, most of them were sick and mentally disordered. They gave us single bread per a day, together with a little
‘misir wot’. Moreover, we have slept on the cement floor with no sleeping mat. The floor was very cold. So, that exposed us to many diseases. For example a woman from Addis Ababa has died just after two days we reached in Metema. She was becoming paralyzed after staying for ten days in the prison where I was arrested. It was because of the coldness of the floor she was sleeping on.
After that, her dead body has buried by the Metema Woreda Municipality Office, with the clothes she has dressed. However, her parents came after three days, and then they dig out her body from the grave and bury it again properly as to the religious funeral rules of Orthodox Christianity.
(Case 2)
I was detained for a week in Sudan, because of my illegal status. I have captured after the car accident I deal in the road near to Khartoum. In the prison, I have slept in the floor with no resting mat. Besides, the Sudan prison officers have not provided any services to us in the prison.
However, some Ethiopians residents in Sudan have sometimes provided us some food and related items. (Case 5)
I was in prison in Sudan for about two months. The overall situation of the prison was sickening.
Nothing was good about it. There was no bed or mat to sleep on, rather I have slept in the floor or putting my dresses below. Many Ethiopian women have died in the prison out of coldness and
146 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
58
hunger. Furthermore, the prison guards have sexually exploited and raped the women prisoners every time. The guards were not accusable and awkwardly our voices were totally unheard. Thus, there was no place we can talk and appeal for our problems. (Case 7)
The study shows that the condition of prisons in which the women on the study were detained was hostile to their life and health as well as mental conditions. In all measures, the prison facilities were not up to the Universal Minimum Standards of Prison Treatment.
147
For example, the food, health care and bedding facilities were not to the standard. Besides, the women were not secured for their life and their basic rights in the prison. The women on the study revealed that their life and health conditions have repeatedly threatened by the prison guards and lack of basic necessities. For instance, they have been forced to clean the rooms, wearing clothes and toilets of the guards and the whole prison compound regularly with no protective materials, which is risky to their health. Additionally, they have arbitrarily beaten, sexually exploited, raped and tortured by the prison guards, which are proclaimed as forms of torture and cruel, inhuman or degrading treatments in the UDHR,
148
CAT
149
and ICCPR.
150
Thus, every act of torture within the meaning of the CAT is crime, and any individual who commits such an act is subject to penal sanctions as specified in criminal statutes. Torture cannot be justified by exceptional circumstances, nor can it be excused on the basis of an order from a superior officer.
151
147 Standard Minimum Rules for the Treatment of Prisoners, Economic and Social Council Resolutions 663C
(XXIV), of 31 July, (1957) and 2076 (LXII), of 13 May, (1977).
148 Universal Declaration of Human Rights, General Assembly Resolution 217A (III), of 10 December, (1948),
Article 5 reads “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
149 The Convention against Torture and other Cruel, Inhumane or degrading Treatment or Punishment, General
Assembly Resolution 39/46, of December, (1984), Article 1 defines Torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or the third party has committed or is suspected to have committed, or intimidating or coercing him or third party, or for any reason based on discrimination of any kind, when such pain and suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”; additionally Article 2 stipulated that
“each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction;” “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture;” and
“an order from a superior officer or a public authority may not be invoked as a justification of torture.”
150 International Covenant on Civil and political Rights, General Assembly Resolution 2200A (XXI), of 16
December, (1966), Article 7 proclaims that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”
151 General Comment on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Committee Against Torture, CAT/C/28/Add.5, of October 15, (1999).
59
There are also trafficking women prisoners died out of the violent condition of the prison.
Basically, being in prison does not mean that having no rights at all. There are rights that shall not totally be limited even for lawbreakers. For example, denying the right to movement to the detained trafficking women could be justifiable, but not death, not rape, not starvation and not torture. These are non derogable rights for all human beings, but what the women on the study have been denied when they were apprehended in the Sudan prisons. That is absolutely beyond the pale.
3.9.1.
Responses from the Ethiopian Embassy in Sudan and Other Stakeholders to the
Women in Prison
All four (Cases 1, 2, 5 and 7) of the women deported by the Sudanese government after they pass through imprisonment in Sudan have witnessed for the lesser amount of attention given to them from the Ethiopian Embassy in Sudan (the Embassy) and other concerned stakeholders.
152
The following verbatim examples illustrate the responses of the Embassy to the situations of
Ethiopian trafficking women prisoners in Sudan:
The Ethiopian Embassy did nothing when we report such mistreatments happened in the prison.
They hear about us and come, but they did nothing than just asking us questions like ‘why do you come here?’ and ‘why do not you try to work in your country?’ In which cannot resolve our problems. (Case 1)
Our Embassy knows about everything that has happened in the prison, but they managed to change nothing. Ethiopian prisoners have been reporting their problems every day, but still they are threatening and dying. There were citizens of many countries in the prison; including
Nigerians, Americans, and Iranians and so on, but the most mistreated people are Ethiopians.
(Case 2)
People from the Embassy had come and visited us while we are in the prison, but there was nothing they did to help us. (Case 5)
Actually the Embassy officials have visited us in the prison. We told them all the problems we have repeatedly, but they did not give us any solution. They just listen and go. They did not even ease
152 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
60
some health cares for the sick Ethiopian citizens in the prison and a means to return them to their homes. (Case 7)
The study reveals that the attention given to the Ethiopian trafficking women prisoners in Sudan is insufficient. From the government side, the Embassy was supposed to alertly stand for the rights and wellbeing of these women prisoners. However as the trafficking women respondents clearly expressed the efforts made by the Embassy to protect the rights of the Ethiopian trafficking women prisoners in Sudan was of no consequence. Contrarily, the Embassy officials have been blaming the trafficking women victims suffering a lot in the detention centers for their decision to illegally enter to Sudan. They ask the women questions like ‘why do you come here?’
‘Why do not you work in your country?’ This cannot totally be a solution for their problems, but further headaches.
3.10.
Means of Returning Home
The women on the study have mentioned two major reasons drive the trafficking women victims to return to Ethiopia. These are, one when they have deported by the Sudan government
Immigration Office and sometimes because of other reasons related to bad health conditions and insufficiency of the salary they were paid to bring considerable change on their life. This is mainly interrelated with the devaluation of the Sudanese Pounds exchange rate.
153 According to the Ethiopian Immigration Office, in the beginning of the year 2012/13 (from September to
December) an average of 1,671 women have monthly been deported and returned from Sudan.
154
153 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
154 Anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city .
61
Ethiopian Trafficked Women Returned and Deported from Sudan through Metema in the beginng of the year 2012/13 (from September to
December)
2186
1868
September
November
October
December
1157 1227
50
40
30
20
10
0
Source: Ethiopian Immigration Office, Metema Branch
Figure 11, Ethiopian Trafficked Women Returned and Deported from Sudan through
Metema in the beginning of the year 2012/13
More to the point, this number includes the women who have been captured by the Ethiopian and
Sudan border security officials at the time they prepared or attempted to illegally cross the border with the direction of the brokers. The number has ranged from two women (in September 2012) to forty-two women (in October 2012) per month. This means an average of twenty-two women have been captured on the Ethio-Sudan border when they attempt to cross the border illegally.
The following figure shows the number of women captured in Metema by security officials when they attempt to cross the Ethio-Sudan border illegally.
Trafficking Women Captured by Security Forces in 2012/13 (from
September to December)
September October November
Womens Captured by security forces
December
Source: Ethiopian Immigration Office, Metema Branch
Figure 12, Trafficking Women Captured by Security Forces in Metema area
62
The study further shows that the deportation process of the trafficking women victims was embarrassing. The women have been treated by the Sudan government Immigration and Police
Officials with no or less respect. Besides, all the women have not been allowed to collect and brought their property and money at the time they are deported to their country.
155
Thus, at last most of the women have returned back to Ethiopia with no money even to cover the transport cost to reach to their homes. At this point, neither the Metema Immigration Office nor the Police have sufficient budget to provide at least some basic facilities including food, shelter and transportation to the trafficked women returnees.
156 The best thing they often did is giving a call to the families of the returned or captured trafficking women victims.
157
3.11.
Preventive (Counter Trafficking) Measures
From the government side, the FDRE government is making numerous efforts to combat trafficking in women and to bring the perpetuators to justice. As an illustration, at Federal level
National Committee to Combat Human Trafficking has been established under the supervision of
FDRE Ministry of Labor and Social Affairs (MoLSA). The figure below shows the structure of the Ethiopian National Committee to Combat Human Trafficking.
Deputy Ministers
MoLSA Deputy Minister
General
Directors
Association Presidents
MoE
Deputy
Minister
MoJ
Depty
Minister
MoWCY
A Deputy
Minister
MoH
Deputy
Minister
MoFA
Deputy
Minister
Federal
Police
Geneal
Director
ERTA
General
Director
Employers
Federation
President
Workers
Associations
Confederatio n President
Figure 13, Structure of the Ethiopian National Committee to Combat Trafficking
155 Anonymous interview conducted with trafficked women returnees, from December 22 to January 6, 2012/13 in
Metema City.
156 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city.
157 Anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city.
63
Moreover, currently auxiliary sub-committees are establishing in the Regional, Woreda , City administration and Kebelle levels to fight trafficking in persons in more extended way.
Additionally, the Committees are also working to show the people the lawful ways to travel abroad, when it becomes necessary. In line with this, MoLSA is now giving training of trainers to representatives from the Regional, Woreda and Kebelle level sub-committees.
158
However, at the grass-root level, the distance the government goes to practically suppress the trafficking in women pattern stretched from Ethiopia to Sudan through Metema route is insufficient.
159 After all, there is no sufficient budget allocated to the Immigration and Police
Offices in Metema area for the purpose of combating trafficking in women and to provide the necessary treatments to the trafficked women returnees.
160
Most of the time, the trafficking women victims have not returned or deported to Ethiopia with good health and enough money at hand. Hence, they may urgently need some medical treatments, food and shelter to sustain breathing as well as transportation to reach to their home or families safely.
161
However, in
Metema, these all facilities are not yet fulfilling. For instance, there is no single asylum center providing food, shelter and at least first aid health services to trafficked women returnees in
Metema. In addition, there are no NGOs involved in assisting and rehabilitating the trafficked women returnees in the area. Thus, many trafficked women are suffering a lot and dying out of lack of such services.
162
158 An interview of Dr. Zerihun Kebede, Deputy Minister of MoLSA conducted with Fana Broadcasting Corporate
(FBC) Teguazh Nekash program, January 02, 2013 in the morning 9:22 am at FBC Studio.
159 Anonymous interview conducted with Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city; and FGD conducted with selected officials from governmental stakeholders in
Metema area, December 25, 2012 in the morning 10:15am at Metema city.
160 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city; and anonymous interview conducted with
Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city.
161 FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city.
162 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city; anonymous interview conducted with
Metema woreda Immigration Office director, December 24, 2012 in the morning 3:50pm at Metema city; and FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city. Accordingly, because of having insufficient budget, the Metema Woreda
Immigration, and Police Offices in the area are not doing something valuable besides just registering and dispersing the women returnees to the Metema streets. While the lucky ones get a way to get home, many of them were engaged in unsafe businesses like prostitution and exposed to re-trafficking again and over again.
64
On other hand, the prosecution process of the accused brokers and trafficking offenders is discouraging. The accused brokers are not usually get the appropriate punishment for their offences. Most of the cases are not concluded with a court decision at all. The number of cases closed without final court verdict is exceeding than the cases concluded with a final court decision.
163 This is sometimes related with bribery, but mostly because of lack of evidences and vanishing of the accused brokers in lawsuit after they are released on bail.
164
Even for the cases that get a court verdict at last, the court proceeding is so overdue. It may take one up to three months to conclude a given trafficking case with final court judgment of the Amhara Regional
State High Court.
165
Actually, trafficking in women is an issue fall under the subject-matter jurisdiction of Federal Courts. The Federal Courts Proclamation clearly stipulates that Federal
Courts shall have jurisdiction over “cases arising under the Constitution, Federal Laws and
International Treaties”.
166
Nevertheless, since Ethiopian has dual judicial system, Regional State
High Courts have the power to prosecute trafficking cases, since they have exercised the power of Federal First Instance Court by delegation.
Additionally unwillingness of the community around to disclose the brokers is mentioned as a further difficulty in combating trafficking in women from Ethiopia to Sudan through Metema route intricate. This is mainly because of two reasons. Firstly, it is because of lack of awareness
163 Anonymous interview conducted with Northern Gondar Zone Justice Office, Criminal Bunch Coordinator,
January 07, 2013 in the morning 10:10am at Gondar city; and FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city.
164 Anonymous interview conducted with Metema woreda Police Office, Human Trafficking Awareness Raising
Team Leader, December 22, 2012 in the morning 8:35am at Metema city. The Metema woreda Police Office,
Human Trafficking Awareness Raising team leader said “the court officials did not took the cases in time and the accused brokers are usually released and come back immediately after they transferred to the Regional Higher
Court. The brokers did not get appropriate remedies for their offences. This is totally paralyzing us to not hunt the brokers again.”
165 Anonymous interview conducted with Northern Gondar Zone Justice Office, Criminal Bunch Coordinator,
January 07, 2013 in the morning 10:10am at Gondar city.
166 Federal Courts Proclamation 25/1996, Article 3. Article 4 further proclaims that Federal Courts shall have jurisdiction over (1) “offences against the Constitutional order or against the internal security of the state”; (2)
“offences against foreign states”; (3) “offences against the law of nations”; (11) “offences under the jurisdiction of courts of different Regions or under the jurisdiction of both the Federal and Regional Courts as well as concurrent offences”; and (12) “offences committed by officials and employees of the Federal Government in connection with their official responsibilities or duties”.
65
regarding the seriousness of the problem
167
and secondly for having some interests or benefits attached with the trafficking network.
168
Hence, for the government and other concerned stakeholders, weighty task is left behind in respect of raising the consciousness of the community towards the possibilities of changing one’s own life here in Ethiopia with no need to illegally cross the borders of neighboring or foreign countries.
169
Generally, the study identifies various weaknesses relating to the responses (counter trafficking measures) of the concerned stakeholders, in which complicating more the problem of the trafficking in women pattern in Metema area. These includes the lack of coordination among the concerned stakeholders, lack of commitment to resolve the problem by means of conducting extensive assessment and studies, ineffectiveness of the controlling mechanisms and legal remedies towards the broker, the gap created in stopping the brokers from deeply seated to the level of the grass-root community, loose-fitting border and immigration control, lack of effective awareness raising activities to change the perception of the community towards trafficking in women, benefit based attachment of many parts of the community and peoples in different government hierarchies with the brokers and unable to show the young population the domestic job opportunities available in Ethiopia.
170
167 An interview of Tiliksew Yitayal, Director of Amhara Regional State Labour and Social Affairs Office conducted with Alemnew Mekonen, Amhara Television (ATV), April 22, 2013 in the afternoon 1:12 pm at ATV
Studio.
168 Ibidem.
169 Anonymous interview conducted with a judge in Northern Gondar Higher Court, January 6, 2012 in the morning
9:20am at Gondar city.
170 FGD conducted with selected officials from governmental stakeholders in Metema area, December 25, 2012 in the morning 10:15am at Metema city. Nevertheless, this is not to denote that the government is doing nothing to carry his duty to protect the trafficked women victims from such violent situations and to provide and fulfill the necessary services help the trafficked women victim recover from their wounds. However, it is fair to conclude that the measures of the government taken to combat trafficking in women from Ethiopia to Sudan through Metema route are neither practically serving their purposes nor effectively reach to the actual sufferers of the problem (the trafficked women victims).
66
CHAPTER FOUR: CONCLUSION AND RECOMMENDATIONS
4.1.
Conclusion
The research has shown that, Sudan is a new destination country for many of Ethiopian women trafficked through the Metema route. These women are primarily pushed by poverty and related factors include unemployment and illiteracy. Besides, they are further pulled by the stories of attractive job opportunities and salaries for domestic house workers in Sudan, pertaining to the swindle information of the brokers and persons work in collaboration with the brokers. Hence, the trafficking women victims have trapped into the traffickers’ network mostly through their relatives, friends and brokers attached each other with benefits. Besides, the trends of impunity resulted from the ineffectiveness of the judicial system are also contributing more to the extension of trafficking in women patterns in Metema route.
Once getting to the trafficking rout the women had experienced countless human rights violations throughout the passage and in destination. Most of the trafficking women victims have travelled on foot for many days to cross the desert in between. They did not have adequate food and water to sustain their life. Hence, in the passageway, many women have died out of hunger, fatigue and thirst. Therefore, their fundamental right to life was violated. Besides, the women have also exposed to further threats include rape, robe and torture from the side of the brokers, security officials, rebel groups and unknown people in the deserts. In some extreme cases, there were women faced gang raping; raped by two and three men at once, which is totally unbearable.
Therefore, many forms of crimes against humanity, torture and violence against women have been arbitrarily committed against the trafficking women victims.
Moreover, in destination, the employers took the position of the brokers and rebels, but the women sustained experiencing comparable abuses. Most of the trafficking women have seized in debt for three up to seven months until they end paying for the transportation arrangement to the brokers. Most of the trafficking women have not signed any employment contract with their employers. Instead, the brokers made an agreement with the employers by representing the trafficked women workers to collect the debts from their salaries. This exposed the trafficking women victims to exploitation and situations comparable to servitude. In addition, after engaging in to domestic work through the brokers, the trafficking women victims have been restricted to
67
move outside the workplace, which violates their right to freedom of movement. Above all, they have experienced physical and psychological abuses which gravely threatened their very existence.
After this all, the trafficking women victims have also faced parallel intimidations from the
Sudanese prison guards, at the time they have been captured and sentenced to hold in prison until they have been deported to Ethiopia. The prison treatments were not up to (even near to) the
Minimum Standards of Prison Treatment. At least, the minimum requirements including sufficient food, bedding, and shelter and health care were not fulfilled. Consequently, there were women became sick and died out of the coldness of the floor they were sleeping on, as well as hunger and thirsty. This denies their right to health, right to food and freedom from hunger and primarily their right to life. Besides, the prison guards have repeatedly raped and sexually exploited the Ethiopian trafficked women prisoners. In the CEDAW, Rome Statute of the
International Criminal Court, Nuremberg Charter and Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa rape and sexual exploitation are proclaimed as forms of violence against women and crimes against humanity. In addition, the trafficked women prisoners have forced to serve the prison guards by means of cleaning their toilets, rooms and the prison compound with no caring materials. This was another source of risk to their health and life in the prison compound.
At this point, the efforts made by the Ethiopian Embassy in Sudan to end the misery of the
Ethiopian trafficked women in prison were of no consequence, at least for the women on the study. In general, the deportation process of Ethiopian trafficking women victims was unacceptable. The Sudan Police and Immigration Officials met the women at different levels have not treated the trafficking women victims with due respect. Furthermore, the trafficking women victims have not allowed to collect and brought their money and possessions when they have been deported to Ethiopia except the cloths they have dressed on. Thus, at last, after passing through this all and serving for months and years in Sudan, most of them have returned home with having nothing to change their life, and sometimes even no single Birr to transport back to their homes. Instead, most of them have returned with physical and psychological wounds and regret.
68
Generally, the trafficking women victims have been experienced various human rights violations starting from the moment they have joined the trafficking network until the time they have been deported or returned home. Therefore, trafficking in women should be viewed as first and foremost a violation of women’s human rights. First of all, trafficking in women by itself is grave human rights violation and besides many rights of the trafficking women victims have been violated in the trafficking process. This includes their right to life, right to health, right to food, freedom from hunger, right to freedom of movement, and the right to healthy work environment, right to freedom from torture, right to freedom from cruel inhuman or degrading treatment or punishment and right to freedom from violence against women.
In fact, the government is taking different measures to fight trafficking in persons and women on a national scale. For that reason, a National Committee to Combat Human Trafficking is recently established at the Federal level. Besides, further sub-branches are also established at Regional and Woreda levels. However, pertaining to the situations of trafficking women from Ethiopia to
Sudan, it seems fair to conclude that the responses from the government and non-governmental stakeholders are not sufficient enough to sensibly suppress the existing trafficking in women patterns through the Metema route. Consequently, trafficking in women is still intimidating the life of many Ethiopian women.
To end with, the ineffectiveness in security, immigration and legal controlling mechanisms is contributing more to the widening of trafficking in women patterns from Ethiopia to Sudan through the Metema route. Firstly, the prosecution process of trafficking cases is abortive and overdue. Thus, most trafficking cases are ceased in relation with bribery, lack of evidences and disappearance of the accused persons in the middle of the court proceedings after they released in bail. Secondly, the security and immigration controlling mechanisms are easily breakable.
Many of the trafficking women victims are regularly transported to Sudan on foot through the deserts and sometimes by using temporary tourist visas through bus transport in the name of vacation.
69
4.2.
Recommendations
Following the above conclusion, the researcher has forwarded the following major recommendations to the concerned bodies, to see end the human rights violations have been committed against trafficking women from Ethiopia to Sudan:
Awareness Creation: The findings of the study indicated that the awareness level of the community towards trafficking in persons and women crimes is at infant stage. Therefore, an extensive awareness creation works has to be made by the government into the local community level. Hence, continuous panel discussions, conferences, meeting and campaigns targeted on the community around Metema, traffickers/brokers, Shekabas and trafficking women victims and returnees should be arranged by the EHRC. Additionally, the EHRC should also broadcast trafficking in persons and women awareness raising programs using all the available private and public (printing, radio and television) presses in a regular basis.
Capacity Building: The Ethiopian Human Rights Commission (EHRC) should offer
Systemized and continuous capacity building trainings to government officials closely work with trafficking in persons and women cases (includes the Police, Immigration, Labour and
Social Affairs and Court Officials) in Metema area, to equip them with improved understanding of the trafficking in persons and women situations and effective service delivering systems to the trafficking women victims and accused persons.
Creating More Job Opportunities: The study shows that the major reasons initiate the women on the study to attach themselves with the trafficking networks are poverty and unemployment. Thus, the government should firstly create more job opportunities to the young population. Furthermore, using all available means and media outlets, the government should show the young population the available domestic work opportunities and possibilities of changing one’s own life in the country. In this regard, the private and public press should also work in partnership with the government in advertising the available and potential domestic job opportunities and encourage the young generation to improve their work habits and entrepreneurship skills.
70
Diplomatic Efforts: The study shows that Ethiopian trafficked women workers and prisoners are mistreated and abused in Sudan by employers, brokers, Immigration Officials and Prison Guards. Thus, the government should make extensive diplomatic efforts to improve the situations and treatment of Ethiopian trafficked women workers in Sudan.
Additionally the researcher recommends if the government signed bilateral agreement with the Sudan government on the manner the trafficking women deported and treated in Sudan prisons.
Effective Use of the Criminal Justice System: The findings of the study show that the brokers and trafficking offenders are not getting effective and appropriate legal remedies to their offences. Thus, the justice mechanisms should be more tightened. Hence, all individuals involved in the process of selling people to make some benefits should be stopped from their actions and get appropriate lawful punishments. This can be achieved by making the judicial system more accessible and transparent in giving effective local remedies to trafficking in persons and women cases. Hence, the Amhara Regional State Higher Court should set a mechanism to give effective remedies to the persons accused with trafficking offenders.
Harmonization of National Laws to International Standards: The study found that the place of ratified international human rights conventions in Ethiopian law is indistinct.
Therefore, the government should harmonize the national laws with the relevant international trafficking in persons instruments. Hence, firstly, more effort is needed on domesticating the ratified international human rights treaties in the way that they can be effectively apply and enforced into national trafficking in women cases.
Networking and Collaboration: The study indicates that substantial effort is needed from the side of the government on networking all concerned stakeholders. Hence, all concerned governmental, non-governmental and civil society stakeholders should work hand in hand to end up any of the human right violations committed against the trafficking women victims in each moment. Most importantly, the concerned governmental organs (include the Police,
Immigration Office, Judicial Organs and Administration Bureaus) should work in collaboration to cut off the trafficking networks stretched throughout the community to the
71
grass-root level by tightening the security networks and conducting extensive awareness raising works to the entire community.
Rehabilitation: The findings of the study revealed that there is no any rehabilitation or asylum center in Metema area provides temporary food, shelter, health care and transportation services to trafficked women returnees. Thus, the government should arrange a way the trafficked women returnees get some basic facilities at the time they deported and returned back to Ethiopia. This can be achieved by means of establishing asylum or rehabilitation centers in border towns where such women have used to return back; like
Metema. Alternatively, the government can also allocate some budget to the organs closely working with the trafficked women returnees (like the Police, Municipality, Labour and
Social Affairs and Immigration Offices) to enable them provide temporary food, water, shelter, transportation and first aid health services to the women in need.
Research: The study reveals that there is lack of up-to-date data on the current status of trafficking in persons and women pattern from Ethiopia to Sudan. Thus, extensive studies and assessments should be conducted on a regular basis in order to develop wide-range understanding of the problem. Research and continuous assessments are also very imperative in indicating the potential solutions to the trafficking in women problem in Metema area.
Secondly, the Criminal Code of Ethiopia (CCFDRE) should incorporate clear legal definition of trafficking in persons and trafficking in women. In addition, the difference between trafficking in persons, human smuggling and irregular migration should be clearly described.
Thus, articles 597 and 635 of the CCFDRE should be revised once more in the way tones with the international trafficking standards; particularly the Palermo Protocol, and cup up with contemporary trafficking crimes. Trafficking in persons for all purposed should be criminalized and treated in more clear and comprehensive manner.
Thirdly, the Palermo Protocol should be translated into the national and regional official languages in order to make it easily understandable to the court, police, labour and social affairs and immigration officials closely work with trafficking in persons and women cases.
Besides, it should be accessible to each and every of these concerned government officials in the local level.
72
References
ACLU. (2007). Human Trafficking: Modern Enslavement of Immigrant Women in the United
States.
New York, USA: American Civil Liberities Union (ACLU) Women's Rights
Project.
Aderanti, A. (2005). Review of Research and Data on Human Trafficking in Sub Saharan Africa.
International Migration , 43 , 1-2.
Agrinet. (2004). Assessment of the magnitude of Women and Children Trafficked With and
Outside of Ethiopia.
for Migration (IOM).
Country Office Addis Ababa, Ethiopia: International organization
AIC. (2008). People Smuggling Versus Trafficking in Persons: What is the Difference?
Canberra, Australia: Australian Institute of Criminology (AIC).
Anteneh, A. (2011). Trafficking in Persons Overseas for Labour Purposes: The Case of
Ethiopian domestic Workers.
Country Office Addis Ababa, Ethiopia: Internatinal Labour
Office (ILO).
Anti-Slavery International. (2006). Trafficking in Women, Forced Labour and Domestic Work in the Contex of the Middle East and Gulf Region.
London, England: Anti-Slavery
International.
Asefach, R. H. (2012). An Investigation into the Experiences of Female Victims of trafficking in
Ethiopia.
Pretoria, South Africa: University of South Africa, Psychology Department.
Barwise, K. (2006). Breaking the Cycle of Vulnerability: Responding to the Health Needs of trafficked Women in East and Southern Africa.
Pretoria, South Africa: International
Organization for Migration (IOM) Regional Office.
Belser, P., & Cock, M. D. (2005). ILO Minimum Estimate of Forced Labour in the World.
Geneva, Switzerland: International Labour Office (ILO).
Endeshaw, Yoseph, Gebeyehu, Mebratu, & Reta. (2006). Assessment of Trafficking in Women and Children in and from Ethiopia.
Country Office Addis Ababa, Ethiopia: International
Organization for Migration (IOM).
Eweh, V. J. (2006). Human Trafficking and Child Labour in Africa: Man's Inhumanity to Man.
Standtschlaining, Austria: European University Center for Peace.
Fouche, B., & Delport, L. (2011). Introduction to the Research Process. In A. D. Vos, Research
73
at Grass Root Level: For the Social Science and Human Service Profession (pp. 61-78).
Pritoria, South Africa: Van Schaik.
Friesendorf, C. (2009). Strategies against Human Trafficking: The Role of the security.
Vienna,
Austria: National Defence Academy and Austrian Ministry of Defense and Sports.
Galiana, C. (2000). Trafficking in Women: European parliament Working Paper. Civil Liberities
Series , 3.
Greeff, M. (2005). Information Collection. In A. S. Vos, H. Strydom, C. B. Fouche, & C. S.
Delport, Research at grass Root Level: For the Social Sciences and Human Service
Profession (pp. 286-313). Pretoria, South Africa: Van Schaik.
Gualtiero, V. (2000). The New Slaves: Prostitutes and Prisoners. The World Against Crime,
Special Issue of Giornale Di Sicilia , 23.
Horwood, C. (2009). In Pursuit of the Southern dream: Victims of Necessity Assessment of the
Irregular Movement of Men from east africa and the Horn to south africa.
Geneva,
Switzerland: International Organization for Migration (IOM).
HRW. (2007). Exported and exposed: Abuses against Sri Lankan Domestic Workers in
Saudi Arabia, kuwait, Lebanon and the United Arab Emirates.
New York, USA: Human
Rights Watch (HRW).
HRW. (2010). Rights on the line-- Human Rights Watch work on Abuses against Migrants in 2010.
New York, USA: Human Rights Watch (HRW).
Ibrahim, I. (2000). The Place of International Human Rights Conventions in the 1994 Federal
Democratic Republic of Ethiopia (FDRE) Constitution. Journal of Ethiopian Law , 132-
134.
ICMPD. (2008). East Africa Migration Route Initiative Gaps and Needs Analysis Project
Country Reports: Ethiopia, kenya, Libya.
Veinna, Austria: International Centre for
Migration Policy (ICMP).
ILO. (2007). Forced Labour Statistics Factsheet.
Geneva, Switzerland: International Labour
Office (ILO).
IOM. (2001). 2001 Trafficking in Migrants.
Geneva, Switzerland: International Organizationfor
Migration (IOM).
IOM. (2004). International Migration Law, Glossary on Migration.
Geneva, Switzerland:
International Organization for Migration (IOM).
74
IOM. (2012). International Organization for Migration . Retrieved August 12, 2012, from
Activities: Africa and the Middle East: East Africa: Ethiopia: http://www.iom.int/jahia/jahia/ethiopia
Kelly, L. (2005). 'You Can Find Anything you Want': A Critical Reflection on Research on
Trafficking in Persons within and into Europe. In IOM, Data and Research on Human
Trafficking (pp. 237-238). Vienna, Austria: International Organization for Migration
(IOM).
Lee, M. (2007). Human Trafficking.
Cullompton, UK: Willan Publications.
Martens, J., Pieczkowski, M., & Vuuren-Smyth, B. V. (2003). Seduction, Sale and Slavery:
Trafficking in Women and children for Sexual Exploitation in Southern africa.
Pretoria,
South Africa: International Organization for Migration (IOM).
Messele, R. (2006). Counter-trafficking Modules.
Geneva, Switzerland: International
Organization for Migration (IOM).
MoFA. (2011). The Situation, Causes of and Recommendations to Eliminate Human trafficking and Smuggling in Ethiopia. In A. Anteneh, Trafficking in Persons overseas for Labour
Purposes: The Case of Ethiopian Domestic Workers (pp. 48-49). Coutry Office Addis
Ababa, Ethiopia: International Labour Office (ILO).
Phinney, A. (2001). Trafficking of Women and Children for Sexual Exploitation in the
Americas.
Program.
Pan-American Health Organization: Women, Health and Development
Pino, A. (2000). Against All the godfathers: the revolt of the Decent People. World Against
Crime, Special issue of giornale di Sicilia , 7.
Raymond, G. J., D’Cunha, J., Dzuhayatin, S. R., Hynes, H. P., Rodriguez, Z. R., & Santos, A.
(2002). A Comparative Study of women trafficked in the Migration Process:
Patterns, Profiles and health Consequences of sexual Exploitation in five Countries
(Indonesia, the Philippines, Thailand, Venezuela and the United States).
Bangkok,
Thailand: United Nations Developments Fund for Women (UNIFEM).
Richard, A. O. (1999). International Trafficking in women to the United States: A Contemporary
Manifestation of Slavery and Organized Crime.
Study of Intelegence, CIA.
Washington DC, USA: Center for the
Salafsky, N., Richard, A., & Margoluis. (1998). Measures of Success: Designing, Managing, and
75
Monitoring Conservation and Development Projects.
Washington DC, USA: Island
Press.
Salt, J., & Hogarth, J. (2000). Migrant Trafficking and Human Smuggling in Europe: A review of the evidence. In F. Laczko, & D. T. (Eds.), Migrant Trafficking and Human Smuggling in Europe: A Review of the Evidence With Case Studies from Hungary, Poland and
Ukraine.
Geneva, Switzerland: International Organization for Migration (IOM).
Serojitdinov, A. (2012). IOM 2011 Case Data on Human trafficking: Global Figures and
Trends.
Geneva, Switzerland: International Organization for migration (IOM).
Susanne, M. (2011). Global Phenomenon, Invisible Cases: Human Trafficking in Sub-Saharan
Africa, the Carbbean and the Pacific.
Brussels, Belgium: The African Carribean and
Pacific Group of States (ACP) Observatory on Migration.
Taran, A., & Chammartin, G. (2002). Getting at the Roots: Stopping Exploitation of Migrant
Workers by Organized Crime.
Geneva, Switzerland: International Organization for
Migration (IOM).
US Department of State. (2005). Trafficking in Persons (TIP) Report.
Washington DC, USA:
United States Department of State.
US Department of State. (2007). Trafficking in Persons (TIP) Report.
Washington DC, USA:
United States Department of State.
US Department of State. (2011). Trafficking in Persons (TIP) Report.
Washington DC, USA:
United States Department of State.
US Department of State. (2012). Trafficking in Persons (TIP) Report.
Washington DC, USA:
United States Department of State.
UN. (2006). Trafficking in Human Beings: Global Patterns.
Vienna, Austria: United Nations
Office for Drugs and Crime (UNODC).
UNDP. (2009). Human Development Report 2009, Overcoming Barriars: Human Mobility and
Development.
New York, USA: United Nations Development Program (UNDP).
UNICEF. (2003). Trafficking in Human Beings, Especially Women and Children, in Africa.
Florence, Italy: United Nations Children's Fund (UNICEF) Innocenti Research Centre.
Vos, A. D. (2011). Research at Grass Root Level: For the Social Science and Human Service
Profession.
Pretoria, South Africa: Van Schaik.
76
List of Cases
Communication from the Commission to the Council and the European Parliament on a
Community immegration Policy, COM (2000) 757 (European Commission 2000).
European commision communication on trafficking in women for the purpose of sexual exploitation, COM (96) 0567 (Eropean Union 1996).
List of Interviewees
Respondents
Case, 1. (2012, December 22). Trafficked Women Returnee. (G. Shewit, Interviewer)
Case, 2. (2012, December 24). Trafficked Women Returnee. (G. Shewit, Interviewer)
Case, 3. (2012, December 25). Trafficked Women Returnee. (G. Shewit, Interviewer)
Case, 4. (2013, January 2). Trafficked Women Returnee. (G. Shewit, Interviewer)
Case, 5. (2013, January 2). Trafficked Women Returnee. (G. Shewit, Interviewer)
Case, 6. (2013, January 6). Trafficked Women Returnee. (G. Shewit, Interviewer)
Case, 7. (2013, January 6). Trafficked Women Returnee. (G. Shewit, Interviewer)
Informants
Anonymous. (2012, December 22). Metema Woreda Police Office, Human Trafficking
Awarness Raising Team Leader. (G. Shewit, Interviewer)
Anonymous. (2013, January 06). Northern Gondar Higher Court, Criminal Trial Judge. (G.
Shewit, Interviewer)
Anonymous. (2013, January 07). Northern Gondar Justice Bureau, Criminal Bunch Coordinator.
(G. Shewit, Interviewer)
Anonymous. (2012, December 24). Metema Immigration Office, Director. (G. Shewit,
Interviewer)
National Laws
Constitution of Federal Democratic Republic of Ethiopia, (1994)
Criminal Code of the Federal Democratic Republic of Ethiopia, (2005)
Employment Exchange Services Proclamation, (2009)
77
International Instruments
Instruments applicable and relevant to trafficking in women include:
African (Banju) Charter on Human and Peoples' Rights (1986)
African Union Ouagadougou Action Plan to Combat Trafficking in Human Beings,
Especially Women and Children (2006)
Beijing Declaration and Platform for Action, adopted by the Fourth World Conference on
Women (1995)
Convention concerning Forced or Compulsory Labour (International Labour Organization
Convention No. 29) (1930)
Convention concerning the Abolition of Forced Labour (International Labour Organization
Convention No. 105) (1957)
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others (1949)
Convention on the Elimination of All Forms of Discrimination against Women (1979)
Convention on the Rights of the Child (1989)
Declaration on the Elimination of Violence against Women (1993)
International Convention for the Suppression of the Traffic in Women of Full Age (1933)
International Convention for the Suppression of the Traffic in Women and Children (1921)
International Convention on the Protection of All Migrant Workers and Members of Their
Families (1990)
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United
Nations Convention against Transnational Organized Crime (2000)
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational Organized
Crime (2000)
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in
Africa (2003)
Recommended Principles and Guidelines on Human Rights and Human Trafficking of the
Office of the United Nations High Commissioner for Human Rights (2002)
Rome Statute of the International Criminal Court (1998)
78
Slavery Convention (1926)
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery (1956)
Universal Declaration of Human Rights (1948)
Vienna Declaration and Programme of Action, adopted by the World Conference on Human
Rights (1993)
Websites
Global Alliance against Trafficking in Women (GAATW) http://www.gaatw.org
International Organization for Migration (IOM) http://www.iom.int
UN Office for Drug Control and Crime Prevention http://www.odccp.org
United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) http://www.ungift.org
US State Department Trafficking In Persons Program http://www.state.gov/g/tip
79
APPENDICES
Appendix A: Interview Guide
The questions were unstructured for interviews conducted with trafficked women returnees and semi-structured for the officials from different stakeholders.
Interview guide for the interviews conducted with trafficked women returnees
Introduction
The study is aimed at exploring the situations of trafficking women from Ethiopia to Sudan through the Metema route. Moreover, it examines the manner how trafficking women are treated during the voyage, the circumstances make women particularly vulnerable to potential human rights abuses in the trafficking process, the accustomed techniques and trends apply by traffickers in their operations to move the trafficking victims from one place to another and finally the strengths and weaknesses in the current responses of stakeholders to suppress the pattern of trafficking in women in Metema area.
I want to thank you for your cooperation in answering the following questions.
Name (optional): _____________________________
Date of Birth: ________________ Age: _____________
Sex: Men ____/Women_____ Educational Level: _____________________
Address: ___________________________________________________
Marital Status: Married___/Single___/Separated___/Widowed___/Other___
1.
Where did you live before you make the voyage from Ethiopia to Sudan?
2.
What is the reason initiated you to exit from Ethiopia to Sudan? Who did initially tell you the information about the situation in Sudan and how? What did you exactly told about the situation in Sudan?
3.
Tell me about the transportation way and type you used to travel starting from your home to
Sudan? And the condition of the brokers you met?
80
4.
How do you express the treatment of the brokers in the voyage towards the women passengers? Did you observe any special treatments or abuses the brokers lay upon the women travelers? Please tell me if there was any abuse committed against you or other women travelers in the passageway?
5.
What seems the situation you faced at arrival in Sudan? Was it matching with what you heard before about it? Where did you go after arrived in Sudan? Who and how did receipt you at the time?
Interview guide for the interviews conducted with officials from selected governmental institutions nearly work with the problem
Introduction
The study is aimed at exploring the situations of trafficking women from Ethiopia to Sudan through the Metema route. Moreover, it examines the manner how trafficking women are treated during the voyage, the circumstances make women particularly vulnerable to potential human rights abuses in the trafficking process, the accustomed techniques and trends apply by traffickers in their operations to move the trafficking victims from one place to another and finally the strengths and weaknesses in the current responses of stakeholders to suppress the pattern of trafficking in women in Metema area.
I want to thank you for your cooperation in answering the following questions.
Name (optional): _____________________________
Age: _____________ Sex: _____________
Name of the Institution: __________________________________
Educational level: ___________________________
1.
What is your position in the institution?
2.
What kind of services does your institution provide to the community around? And who are the main beneficiaries of the services provided by the institution?
3.
Is there any particular program or service provided by the institution targeting on trafficking in women or trafficking women victims?
81
4.
How do you explain the seriousness of the problem of trafficking in women route stretched from Ethiopia to Sudan via Metema route?
5.
What do you recommend to suppress the trafficking in women from Ethiopia to Sudan and the human rights violations committed against the trafficking women victims in the process?
Appendix B: FGD Guide
FGD guide for the discussion conducted with officials from concerned governmental stakeholders
Introduction
The study is aimed at exploring the situations of trafficking women from Ethiopia to Sudan through the Metema route. Moreover, it examines the manner how trafficked women are treated during the voyage, the circumstances make women particularly vulnerable to potential human rights abuses in the trafficking process, the accustomed techniques and trends apply by traffickers in their operations to move the trafficking victims from one place to another and finally the strengths and weaknesses in the current responses of stakeholders to suppress the pattern of trafficking in women in Metema area.
I want to thank all of you for your participation in the discussion.
1.
How do you describe the magnitude of trafficking in women pattern in Metema area?
2.
How far the preventive measures taken by the government and other non-governmental organizations to combat trafficking in women from Ethiopia to Sudan through Metema are effective?
3.
What measures are taken by the government and non-governmental partners to provide some help to the trafficked women returnees at the time they have deported or returned back to
Ethiopia through Metema?
4.
What seems the collaboration and networking among all governmental and nongovernmental stakeholders work to alleviate the trafficking in women pattern in Metema area?
82
Appendix C: List of Figures
Figure 4, Top 10 Countries of Destination for Victims of trafficking Worldwide in 2011 .......... 25
Figure 5, Forms of Exploitation faced by Trafficking Women at Destination in the year 2007 .. 26
Figure 6, the Relationship between Origin, Transit & Destination Countries in East Africa....... 27
Appendix D: List of Tables
Table 2, General Background Information of Trafficking Women Respondents ........................ 36
Table 3, General Background Information of Respondents from Concerned Stakeholders......... 37
83
Appendix E: Map of Trafficking in Women Routs Sourced from Ethiopia
Desert route
Air transport
84
Appendix F: 2011 Trafficking in Persons Report Tier Placement of African Nations
Trafficking in Persons Report Tier Placements (US Department of State 2011 TIP Report)
Algeria
Angola
Country Location
Northeast Africa
Central Africa
2010
2w
2
2011
3
2w
2012
3
2w
Benin
Botswana
Burkina Faso
Burundi
Cameroon
West Africa
Southern Africa
Western Africa
Eastern Africa
Western Africa
2
2
2
2
2w
2
2
2
2w
2w
2
2
2
2w
2
Central African Republic Central Africa
Chad
Congo
Côte d'Ivoire
Djibouti
Egypt
Eritrea
Ethiopia
Gabon
Central Africa
Central Africa
West Africa
Horn of Africa
North Africa
Horn of Africa
Horn of Africa
Central Africa
2w
2w
3
2w
2
2
3
3
2w
3
-
2
2
3
3
2w
3
2
2w
2
3
Gambia
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Libya
Mali
Mauritania
Morocco
Namibia
Niger
Nigeria
Rwanda
Senegal
Sierra Leone
South Africa
South Sudan
Sudan
West Africa
West Africa
West Africa
West Africa
East Africa
Southern Africa
Northern Africa
Western Africa
West Africa
North Africa
Southern Africa
Western Africa
Western Africa
Eastern Africa
Western Africa
West Africa
Southern Africa
East Africa
North Africa
2
2
2w
1
2w
2w
2w
3
2
2w
2
2
2w
2w
2
2
2w
2
2
-
3
2
2
2w
2
2w
3
2
2
3
2w
3
2
2
2w
1
2
2
2
2
-
3
2
2
2w
2
2
2w
2w
2
3
2
2w
2
2w
2w
2
2
2w
2
2
2w
-
85
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zambia
Zimbabwe
Southern Africa
East Africa
West Africa
Northern Africa
East Africa
Southern Africa
Southern Africa
2w
2w
2
2w
2
2
2w
2
2w
2
2w
2
2
2w
2
2
2
2
2
2
3
Table Key:
TIER 1: Countries whose governments fully comply with the Trafficking Victims Protection
Act’s (TVPA) minimum standards.
TIER 2: Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards.
TIER 2 WATCH LIST: Countries whose governments do not fully comply with the TVPA’s minimum standards, but are making significant efforts to bring themselves into compliance with those standards
TIER 3: Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to do so.
86
