Human Trafficking for the Purpose of Sexual Exploitation January 10th, 2015 Edina High School Edina, Minnesota Background Guide Edina Model United Nations Conference 2015 General Assembly Social, Humanitarian, and Cultural Affairs Committee _____________________________________________________________________ Description of Committee Under the 1945 Charter of the United Nations, the General Assembly “occupies a central position as the chief deliberative, policymaking, and representative organ of the United Nations.” All 193 members of the United Nations are comprised within this committee, as it serves as a context in which nations have the opportunity to discuss, debate on, and make recommendations about a broad extent of international issues.i The General Assembly is composed of 6 main committees. The third of these committees is the Social, Humanitarian, and Cultural Affairs Committee (SOCHUM). Being a body of the General Assembly, SOCHUM includes all member states and observers of the United Nations, all of which have an equal vote. The current chair of the committee is H.E. Mr. Henry L. Mac-Donald of Suriname.ii SOCHUM considers issues dealing with social development, such as matters concerning youth, family, crime prevention, criminal justice, and drug control, as well as issues regarding humanitarian affairs and human rights, such as the advancement of women, the treatment of refugees, the protection of children, and indigenous affairs. In addition, by utilizing Special Rapporteurs, independent experts, and other UN working groups, SOCHUM studies human rights questions involving the Human Rights Council. Because many of the issues discussed by SOCHUM are overlapping, the resolutions created within this committee must be both extensive and comprehensive.iii Human Trafficking for the Purpose of Sexual Exploitation Introduction The United Nations defines human trafficking as “the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation”.iv Generating approximately 32 billion dollars per year from 2.4 million victimsv, human trafficking is the fastest growing industry and the third largest criminal enterprise in the worldvi. All nations are affected by human trafficking, which occurs both domestically and across international lines. Due to economic, social, and geographic circumstances, nations play diverse roles. The United Nations Office on Drugs and Crime identifies 127 origin countries, where human trafficking originates, typically through physical or psychological coercion. Trafficked victims then pass through transit nations (98) until they reach their destination country (137), where victims suffer from exploitation and traffickers collect their profits.vii Though this is a common path for victims, human trafficking does not require movement, and many victims never leave their home countries.viii The United Nations addresses human trafficking as an issue of three elements: the act, the means, and the purpose.ix Most commonly, the purpose of human trafficking is exploitation, whether sexual exploitation, forced labor, organ removal, or any other kind of forced servitude. According to the UNODC’s Global Report on Trafficking in Persons, however, 79 percent of all human trafficking is for the purpose of sexual exploitation.x While the overarching focus of the committee is human trafficking, special attention should be paid to sex trafficking. The three main components of sex trafficking are the act, means, and purpose. The Act, Means, and Purpose of Human Trafficking. Digital image. United Nations Office on Drugs and Crime. United Nations, n.d. Web. 4 Sept. 2014. <http://commons.wikimedia.org/wiki/File:Trafficking_in_Persons.svg#mediaviewer/File:Traf ficking_in_Persons.svg>. Background Origins and Demand Sex trafficking is extremely profitable, as awareness, law enforcement training, and prosecution rates remain low around the world.xi Human beings have no market price, and their values do not depreciate, making it a lucrative crime. Referring to sex trafficking victims as “prostitutes” and “hookers” reinforces the false idea that their profession was chosen and creates negative stigma. Moreover, public awareness of human trafficking is low, and media glamorization creates false impressions. Through movies and high profile stories, the media selectively portrays the sex industry and leaves out many of its dangerous implications.xii Though both sex traffickers and victims are neither gender nor age specific, at least 56 percent of victims worldwide are women.xiii Target victims are typically illegal immigrants, teenage runaways, refugees, fleeing convicts, victims of abuse, and oppressed groups.xiv Gay, lesbian, transgender, and bisexual youth are particularly targeted due to their vulnerability in many societiesxv. Traffickers, on the other hand, are often factory or corporation owners, pimps, small business owners, and gang leaders.xvi The prevalence of the sexual exploitation of women derives from the worldwide historical oppression. Women remain vulnerable today due to the gender inequality found in political and social norms that often increase poverty, violence, instability, and lack of educational and job opportunities. xvii Traffickers utilize a variety of methods to ensnare victims. While lack of security results in kidnappings, traffickers will also lure victims to foreign countries with false job offerings or immigration papers. Upon reaching an unfamiliar country, traffickers often destroy legal documents and issue threats to effectively prevent victims from reaching out to law enforcement.xviii Law enforcement is thus unable to identify many victims, and only 1 victim out of 100 is ever rescued.xix Legal Issues The legal issues faced by trafficked women can be a great hindrance in some countries. Though trafficking may be de jure illegal in many countries, traffickers often go unpunished, with trafficking victims themselves often being subjected to fines, jail time, and stigmatization due to the illegality of prostitutionxx. In some countries, unless it can be proven that trafficking victims were compelled to commit offences (namely prostitution), victims can be punished under the assumption that they commit the crimes of their own free will. Victims can also be punished under anti-smuggling laws, as the line between smuggled people and trafficked people can be blurred in some legal jurisdictionsxxi. Some trafficked people can even be detained and deported due to their status as "illegal immigrants"xxii. Even when trafficked women can escape from their positions of slavery, in order to legally become citizens of the country they are trafficked into or seek legal justice for the crimes that were committed against them they often need legal counsel, something that is difficult to obtain if they do not have money or could be punished under antiprostitution lawsxxiii. Social Stigma and Rehabilitation Involvement in the sex trade can cause severe physical and psychological damage to its victims, and lead to social stigmatization. Among women who have been trafficked for purposes of sexual exploitation, some indicators have been established to verify their involvement in the sex trade: if they sleep at their work premises; if they only speak "sexual" words in English; and if there are signs of physical abusexxiv. Behavioral abnormalities, like distrusting the authorities or showing fear or anxiety, can also indicate involvement in the sex trade. Even if women have the opportunity to seek help, they often do not due to the social stigma associated with involvement in the sex tradexxv. Victims often find difficulties returning to their homes after they are freed from sex slavery, as the emotional scars that it leaves and the social stigma attached to involvement in the sex trade are often perceived negatively in their culturesxxvi. The legality and prevalence of sex trafficking varies in each nation. Prevalence of Trafficking Women and Girls. Digital image. A Daring. A Daring, 28 July 2014. Web. 4 Sept. 2014. <http://adaring.com/trafficking -women-india-rtr/>. Among women who escape the sex trade, there are both government- and NGO-sponsored rehabilitation programs. Both NGO and government organizations seek to provide medical, psychological, and economic assistance to trafficking victimsxxvii. Some also provide things like vocational training, which promotes economic self-sufficiency and ensures the long-term success of rehabilitationxxviii. However, both NGOs and government programs face significant challenges in establishing successful rehabilitation and reintegration programs. Government funded rehabilitation programs often only serve women who agree to testify against the traffickers, which some women may be unwilling to do. Government rehabilitation programs can also suffer from a lack of funding due to the blurred distinction between sex workers and sex slaves; in areas where prostitution is legal, centers for helping trafficked women may not be recognized as helping victims, but as helping sex workers who made their own choice to work in the sex trade. NGOs often suffer from a similar lack of funding due to their often voluntary nature. This lack of funding, along with a lack of coordination among the many rehabilitation organizations and a lack of understanding or sensitivity toward the sex trade among the general public, are the main challenges facing rehabilitation organizations. Of the issues facing trafficked women who escape from sex slavery, psychological issues can be the most daunting. Prolonged involvement in the sex trade can lead women to suffer an identity crisis; they often see themselves solely as sex objects and are unable to consider life outside of the sex trade. Empowering women to improve their self perception is the most important step in solving long term psychological problems related to forced labor in the sex trade. Psychological counseling is one of the most effective ways to resolve these issues; however, lack of funds and proper resources means that counseling is not always available at rehabilitation centers, and the often temporary care that these centers provide does not effectively help to resolve psychological issues, which can require long term and intensive helpxxix. International Action UN Action The United Nations as a whole, as well as several more specific UN agencies, have issued reports and recommendations related to international sex trafficking. In 2000, the General Assembly adopted the Protocol to Prevent, Suppress and Punish Trafficking In Persons, Especially Women and Children; although its adoption marked an important recognition of the issue and the protocol was signed by many countries, it was not altogether effective in controlling sex trafficking, and few criminal have been punished or victims helped under its terms. In response to this, the UN Office on Drugs and Crime issued new strategies to complement the protocol, called the UNODC's strategic approach to combating trafficking in persons and the smuggling of migrants, which support research and awareness, promoting the protocols, and improving collaboration on solving issues related to sex traffickingxxx. In 2010, the General Assembly passed the United Nations Plan of Action to Combat Trafficking in Persons, which urges governments to work together and find consistent solutions to human trafficking in general. The Plan's main goals are preventing trafficking, prosecuting offenders, and providing support for victimsxxxi. The UNODC also published the Global Report on Trafficking in Persons in 2012, which provides helpful research and statistics to member states in order to assist them in combating human trafficking in generalxxxii. Other International Action Several international NGOs, such as Amnesty International, Human Rights Watch, and the Salvation Army have worked to combat trafficking and, in some cases, provide relief and assistance to victimsxxxiii. Some regional and national organizations, such as the United States government and the Council of Europe, have passed laws and regulations, which aim to control trafficking and punish offendersxxxiv. The International Labor Organization, for example, has called on its member states to create legislation, which would suppress traffickingxxxv. Another example, the Coordinated Mekong Ministerial Initiative against Trafficking, formed by China, Laos, Thailand, Cambodia, Myanmar, and Vietnam in 2006, established anti-trafficking policies which allowed each country to pass legislation to combat regional problems as outlined by the groupxxxvi. The Interagency Project on Human Trafficking also worked to link national governments, the UN, bilateral and NGO partners with a joint plan of action. They worked to create standardized protocols to be used on a regional basisxxxvii. Continuing Actions Though progress is being made in ending sex trafficking and helping survivors, there is still much to be done. Improving government training, creating special police tasks forces to deal with trafficking, and increasing public awareness are important steps for governments to take in combating trafficking. Reducing poverty and societal gender bias, as well as fighting social stigma and the negative implications of cultural gender norms will help to empower women and reduce their chances of being targeted for trafficking. Providing assistance to survivors in the areas of skill training, education, and assistance in achieving economic independence will ensure a better life for survivors and prevent possible reentry into the sex tradexxxviii. In addition, some campaigns have been created by national and international agencies in order to raise awareness and support prevention of trafficking, such as the "Be Smart, Be Safe" campaign in the US, which aims to teach young women about the techniques used by traffickers to lure in victims, and the Global TV Campaign on Human Trafficking, created by the UN Office for Drug Control and Crime Prevention, which seeks to raise global awareness about issues surrounding human trafficking in generalxxxix. Case Studies Asia According to the UN Global Initiative to Fight Human Trafficking, around 150,000 people are trafficked into the region annually and the number continues to increase.xl Research from National Geographic shows that one half of sex slaves are in Asia currentlyxli. Due to the inability to convict offenders, weak police cooperation and frequent corruption,xlii South Asia holds the highest amount of activity on the continent, with origin, transport, and destination countries. xliiiASEAN (Association of Southeast Asian Nations) has suffered with insufficient funds, cooperation, and communication with local and national authorities. MoUs (memorandums of understanding) and initiatives between ten countries of ASEAN have been agreed upon, but countries struggle with actual implementation, in part due to lack of trust among countries such as Cambodia, Vietnam and Thailand. Sex trafficking is difficult to address because it can be a local issue with monetary reliability to the trafficking industry and the lack of funding and/or incentives for local authorities to help victims. In Indonesia, brothels can support the surrounding community; give bribes to police officers and business to nearby residents. Out of the 497 Indonesian districts, only 88 have antitrafficking forces, demonstrating that countries often do not have the resources for regional or local task forces, so they are left ill equipped to manage internal trafficking.xliv In many cases, women and girls are especially prone to becoming a victim based on multidimensional poverty (lack of resources, education, money, threat of violence) and governmental problems (corruption, lack of infrastructure, rule of law) and traditional cultural norms.xlv Many countries are working toward enacting more legislation on the matter. As seen in countries such as Vietnam, the absence of a single human trafficking law (presently there are only laws protecting certain and specific offenses and cases) creates difficulty to protect victims and diminish these activities.xlvi Europe According to a European Union report done between 2008 and 2010, sex trafficking in Europe has increased by 18% xlvii with 61% of them being from European Union states, the majority being from Eastern Europe, particularly the Balkans.xlviii The remaining were largely from the origin countries of China and Nigeria. After earlier efforts where only six out of the twenty-seven member states implemented tougher standardized anti-trafficking legislation, xlix the European Commission began a new approach based on gender and human rights with a focus on prevention, prosecution, and protection. The EU Directive establishes robust provisions on victims' protection and supports the principle of non-punishment for petty crimes and unconditional assistance. It allows cooperation between nations to allow sharing of successful practices and the use of joint investigation teams to prosecute cross-border trafficking cases. l Despite these adequately successful actions, sexual exploitation still remains a pressing issue particularly for women and children who make up 96% of European victims li due to the large majority of countries who have yet to enact these particular initiatives in conjunction with their own successful legislation to eradicate these trafficking of human beings.lii North America While some North American countries have taken steps to combat human trafficking, the issue persists in the region. For example, in 2000 the United States passed the Trafficking Victims Protection Act (TVPA) which expanded protection and services for victims and survivors. The TVPA has been reauthorized several times, most recently in 2013 liii. Many other countries have utilized the TVPA as a model for their own anti-human trafficking laws. Canada officially criminalized trafficking in persons in 2002liv. Despite comprehensive sex trafficking legislation, enforcement and resources are often lacking and the crime persists in North America. Sex trafficking takes many different forms throughout the United States and Canada. The internet has allowed traffickers to sell victims to buyers, or “johns”, easily and risk free. Even legitimate websites such as backpage.com advertise escort services and allow buyers to purchase sex online anonymouslylv. Some reports estimate that 70% of child sex trafficking victims in the United States are now sold onlinelvi. Sex trafficking in North America disproportionately affects certain social and economic groups. Traffickers target the most vulnerable populations, including undocumented migrants, runaways, immigrants and marginalized groups. Poverty, abuse and lack of opportunity are risk factors for being trafficked and exploited lvii . Victims of color are overrepresented in at-risk and victim populations while prejudice and racism often play a role in the response of law enforcement and social services lviii. In Canada, aboriginal communities and minors in the child welfare system are especially vulnerablelix. Sex trafficking in the United States often involves youth and more than 293,000 children are currently at risk to traffickinglx. In the United States, the average age of entry into prostitution is 12 to 14 years old lxi . Situations of sex trafficking are often complex because of emotional relationships between a victim and his/her “pimp,” or trafficker. Many victims come from troubled homes and pimps exploit the victims’ desire for affection and support lxii . This relationship between the pimp and victim can make identification, rescue, and rehabilitation more difficult. In Canada and the United States, dance clubs and massage parlors are places of recruitment or exploitation lxiii . Drug dependency, threats and violence are all tactics used by traffickers to prevent victims from fleeinglxiv. While governmental task forces have had some success in combating sex trafficking, challenges persist. Lack of awareness and preexisting social stigma has impeded prevention, prosecution, rehabilitation and reintegration effortslxv. Education and training within police forces and judicial systems are necessary steps to increase prosecution of traffickers and to provide assistance to victims. Countries in North America should also consider the importance of internet use in regards to sex trafficking, as well as the high frequency of minors and minority groups involved. The United States State department created Tier placements to analyze the severity of human trafficking and the effect of government response in all nations. Tier 1signifies that the nation has complied with the “Trafficking Victims Protection Act” (TVPA). Countries of Tier 2 are making progress but do not fully comply with the TVPA. Those on the Tier 2 Watch List are making progress but are so far unsuccessful or have a significant amount of human trafficking. Lastly, Tier 3 countries do not comply with the TVPA and are not making efforts to do so. Human Trafficking Tiers. Digital image. The Atlantic. The Atlantic, 10 June 2013. Web. 4 Sept. 2014. <http://www.theatlantic.com/international/archi ve/2013/06/a-fascinating-map-of-the-worstcountries-for-modern-slavery/277037/>. Central and South America Sex trafficking in Latin America occurs domestically and across borders. According to a 2005 International Organization for Migration report, sex trafficking and exploitation generated $16 billion annually in Latin America, which was almost half of all profits produced in sex trafficking globallylxvi. In Latin America, human trafficking is often interconnected with migrant smuggling lxvii . Migrants illegally crossing borders are especially vulnerable to traffickers because of language barriers, their dependence on the smuggler and fear of law enforcement. Migrant trafficking is prevalent along the US-Mexico border, making this a regional issue that requires cooperation and partnership between the nations of North and Latin America. In many Latin American countries, sex trafficking is interconnected with the drug trade. Many drug cartels that also traffic humans have enough power within the country or region to prevent any kind of governmental regulation or intervention. Mexico especially struggles with the power of drug cartels and in 2005 was ranked 5th in the estimated number of trafficked persons in Latin America after other nations such as the Dominican Republic, Haiti, Argentina and Brazil in a report by The Coalition Against Trafficking in Women and Girlslxviii. The problem is not confined to Mexico, however. In Honduras, fake modeling agencies have set up networks of sex trafficking and exploitation. Many women contact the sham agencies in hope of employment and become victims of sexual exploitationlxix. In Costa Rica, sex tourism is a major concern as the country receives a high volume of tourists from North America and Europe. In 2004 the situation prompted the Costa Rican government to enact a law outlining a “new code of conduct” for the tourist industrylxx. Despite this development, sex tourism remains lucrative in Costa Rica and other Latin American countries. In the past decade, many Latin American countries have enacted legislation criminalizing human trafficking for the purpose of sexual exploitation lxxi . However, many nations do not have adequate resources to address sex trafficking within and across their borders. The issue of human trafficking is often overshadowed by more publicized issues such as crime and political instability. The prevalence of sex trafficking in Latin America also stems from a lack of economic opportunity, natural disasters, displacement and migration, governmental corruption and gender inequalitylxxii. Africa While labor trafficking and exploitation plague many African countries, sex trafficking also occurslxxiii. The scope of the problem is difficult to measure because cases are rarely reported to governmental officials and there are few non-governmental entities that report on the issue. Sex trafficking in Africa defies one generalization as the causes and outcomes of trafficking differ across the continent. For instance, in Botswana, many children are forced into prostitution and are often found in bars or along major highways lxxiv. Rural communities are particularly targeted by traffickers. In Cameroon, families send one or two children with traffickers who promise education and opportunity for the children. Recently, more public awareness about the danger of trafficking has led many families to refuse. Traffickers will then resort to kidnapping victims lxxv . In some conflict or unstable regions, sex trafficking takes the form of forced marriages. Nigerian militant groups such as Boko Haram have abducted Nigerian women and girls and forced some into marriages and sex slaverylxxvi. However in other regions of Nigeria, major cities are hubs for trafficking internationally. Nigeria is a source country for many victims that are transported to Europe, the Middle East and Central Asia lxxvii . In Algeria, English speaking illegal immigrants from sub-Saharan countries are most vulnerable to sex trafficking because of language barrierslxxviii. Some African countries have passed legislation in regards to human trafficking, though often the definition is limited to child trafficking or for the purpose of sexual exploitationlxxix. Of note is Mozambique’s Anti-Human Trafficking Act of 2008, which was one of the first and most comprehensive pieces of legislation in the region. African countries that do not possess specific anti-trafficking legislation often utilize other laws to prosecute the case of traffickers. This could include laws against child kidnapping or sexual offenses, which can be related but limited in regards to the scope of sex traffickinglxxx. In many cases, human trafficking is not an immediate priority for African countries. Governments face many pressing problems but many of these issues are interconnected with sex trafficking. For instance, the HIV/AIDS epidemic has destroyed many communities and left them vulnerable to traffickinglxxxi. At the same time, the prevalence of sex trafficking in these areas has contributed to the spread of the disease. Corruption, gender inequality, prejudice and cultural norms all contribute to sexual exploitation in Africa. In addition, poverty, lack of educational and vocational opportunities and humanitarian conflicts often expose vulnerable populationslxxxii. Because many trafficking networks extend beyond state lines, regional cooperation is necessary to combat human trafficking in Africa. Guiding Questions 1. To what extent has your nation been affected by human trafficking for the purpose of sexual exploitation? 2. Is your nation most concerned with preventing sex trafficking or with rehabilitating those who have been trafficked? 3. What, if any legislation has your nation adopted with regard to sex trafficking? Has the legislation been successful in combating sex trafficking? 4. Would your nation be more in favor of domestic, regional, or international action regarding sex trafficking? Or would your nation prefer a combination of action plans? Terms and Concepts de jure - based on law and legal principle Stigma - a mark of disgrace Vocational - pertaining to work or a job Rehabilitation - bring back to a good condition Reintegration - in this case, bringing someone back into normal society after a long time away Protocol - an international agreement Additional Resources Trafficking in Persons Report: Though a report created by the United States government, it is extremely comprehensive and contains statistics, facts, and studies of all countries affected by human trafficking. United Nations Office on Drugs and Crime: As the main overseer of human trafficking in the United Nations, the UNODC website contains current and past UN policies concerning human trafficking. It is an official resource with detailed background information and ideas for potential and current solutions. Polaris: Polaris is a successful American NGO that provides examples of solutions to human trafficking. It also contains resources on various topics, countries, and referrals to other NGOs. References i "General Assembly." General Assembly of the United Nations. United Nations. Web. 28 Aug 2013. <http://www.un.org/en/ga/>. "Social, Humanitarian & Cultural." General Assembly of the United Nations. United Nations. Web. 28 Aug 2013. <http://www.un.org/en/ga/third/>. iii "UN General Assembly 3rd Committee: SOCHUM." European Model United Nations. Karpinski & Ehnert Design. Web. 28 Aug 2013. <http://www.euromun.org/content/committees/sochum>. iv "What is Human Trafficking?." United Nations Office on Drugs and Crime. United Nations, n.d. 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