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Symposium Report
November 16, 2005
Cosponsored with the Woodrow Wilson International Center for Scholars
Written by
Ann Putnam, Rapporteur
in cooperation with
Doris Bacalzo, Program Officer, Asian Social Issues Program, Asia Society
Major funding for this project was provided by the Open Society Institute.
The Asia Society gratefully acknowledges its support.
Introduction
In November 2005, the Asia Society in cooperation with the Woodrow Wilson International Center for Scholars hosted an all day symposium in New York and a policy briefing in Washington, DC to address human trafficking in Asia. They brought together representatives from non-governmental organizations, advocacy and policy experts, and scholars from the US and Asia to discuss the global implications of the entrenched problem of sex and labor trafficking, and in particular the challenges of the US’s policy and role in making a meaningful impact. The panelists examined the innovative legislation, actions and policies emerging to end trafficking, while also analyzing measures for prevention. Panelists and participants further engaged in discussions to generate an effective strategy for action.
Human trafficking is one of the fastest growing underground sectors of organized crime in the world. Unlike the trafficking of illegal drugs, the transport and sale of human beings can be repeated numerous times utilizing the same person. It is estimated that nearly one million people are trafficked internationally into this form of modern slavery. This probes larger social issues in the context of economic development, public health, national security, foreign policy, and international law, predominantly concerning women and children.
The symposium discussion began with dissecting and understanding the definition of trafficking. This allowed participants to take a closer look at the critical components of human trafficking in Asia. Revisiting current definitions provided an opportunity for many advocates and experts in the room to asses the context of their understanding of the problem and hence, their subsequent actions and strategies. Trafficking not only consists of the illegal sex trade but also encompasses migrant labor, domestic workers, agricultural workers, and sweatshop laborers. Panelists examined the efforts made by non-governmental organizations, governments, UN agencies and local community groups to prevent and raise awareness of human trafficking. Finally, the symposium addressed the most crucial aspects of trafficking and discussed ways in which communication among all key actors can be coordinated more effectively. The core objective of the symposium aimed to determine the interventions needed to make a significant impact on halting trafficking and to produce a set of policy recommendations. Key recommendations emerging from the symposium were brought to the US policy community’s attention at the briefing in Washington, DC.
Policy Recommendations:
Adopt a human rights-based approach to frame anti-trafficking policy that provides meaningful protection and enables individuals to make sound decisions.
Improve governance and democracy in both source and destination countries to overcome structural and legal barriers that perpetuate cycles of long-term vulnerability to human trafficking, e.g. poverty, inadequate economic opportunities, lack of citizenship, narrow immigration rights, and grave gender discrimination.
Formulate a comprehensive strategy on all sides of trafficking, including prevention, awareness, prosecution, services, law enforcement, intervention, collection of data, analyzing information, exchanging information and building capacity of local actors.
Design intervention programs embedded in development strategies which address cross-cutting issues and are appropriate to particular situations. These programs should not be limited only to crime prevention and international security concerns.
Advance an inclusive policy to enable vital stakeholders from the ground to be engaged and informed at every stage of design, implementation and monitoring of technical programs on human trafficking.
Engage with multi-development banks and international financial institutions to address the greater issue and root causes of trafficking. Anti-trafficking prevention efforts should be part of their development programs and priorities.
Endorse effective legislation on labor laws that address the concerns and rights of domestic workers. Domestic workers currently are unprotected by labor laws, thus often are abused or fall through the system without appropriate protection.
Promote corporate social responsibility and encourage businesses to monitor their overseas operations to prevent forced labor and abuses against migrant workers or domestic workers.
Insist on fair labor practices and standards from businesses and factories.
Provide economic opportunities to women and girls who may otherwise be trafficked. Efforts to establish micro-credit initiatives, farms and selling of agricultural products will empower women to earn a stable and reliable income and stem the need to earn an income outside of their communities.
Effectively train law enforcement services in countries of destination. This is important to identify the problem and ensure that victims are provided with appropriate social services and attorneys.
Establish an inter-agency learning environment that will encourage key actors working to prevent and stop trafficking to share their methodology and strategies with their community and partner organizations. Improve coordination and communication among civil society actors, advocacy organizations, governments and service providers.
Obtain more accurate statistics of trafficked persons and cases, which will buttress information and numbers of cases when drafting policies and identifying the gravity of the problem.
Coordinate with media outlets to improve the public understanding of trafficking, which will eventually have a profound effect on policy making and change political behavior toward human trafficking.
Overview: Trafficking in Persons within Asia and across International Borders
The symposium began with a brief overview of trafficking across Asia. Panelists presented a broad definition of trafficking and referred to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons. The UN Protocol was ratified in December of 2003, and last year, the Office of the United Nations High Commissioner for Human Rights appointed a Special Rapporteur to focus on trafficking in persons, which especially concentrates on women and children and the human rights aspects of trafficked victims. The UN Protocol defines trafficking as the recruitment, transfer, harboring, transportation or receipt of a person by means of threat, use of force, abduction, deception, abuse of power, giving/receiving payment, or coercion for the purpose of exploitation. Trafficking also involves the process and geographical transfer of people by extensive recruitment, transportation, harboring and receipt of persons. During this process, victims of trafficking are typically threatened, abducted, deceived by an abuse of power or forced into situations beyond their control. Trafficking also exploits human beings for the use of prostitution or other forms of sexual exploitation, as well as services for forced labor, practices similar to slavery, servitude, removal of organs, child soldiers, marital purposes, illegal adoptions or the transportation of illegal drugs.
Now more than ever before is the formal and informal economy in Asia demanding large volumes of inexpensive labor. The forced movement of humans across national borders is not a new phenomenon in the world, but what is striking is the sheer volume and numbers of people being trafficked today. In a world where free trade agreements govern economic relations between countries, trafficking satisfies the demand for cheap, unregulated labor. Recently trafficked labor is being demanded at oil pipelines, construction sites and large infrastructure projects, where boomtowns flourish. Laborers toil under harsh working conditions where leaving or escaping comes with severe consequences. Moreover, boomtowns drive the demand for sex trafficking, leading to a significant HIV/AIDS problem. In some cases, the demand by men in these boomtowns for young virgins in the belief that this will cure them of HIV/AIDS further worsens the situation.
Trafficking in persons illustrates the worst form of labor exploitation. Today’s economy lacks sturdy labor standards and is experiencing a degradation of work. Workers today are in worse situations than their predecessors were a decade ago. This is the result of less job security, less social security available to workers, and the probability of job opportunities without benefits, which eventually places workers in more vulnerable situations leaving them without a safety net. Labor standards are deteriorating in general, thus are even worse for trafficked and migrant workers.
One panelist described the consequences of trafficking as a decrease in social values, family deterioration, greater violence against women and an erosion of labor standards. As a result, communities face severe public health consequences, particularly psychological trauma and extreme forms of stress.
In 2000, the US government passed the Trafficking of Victims Protection Act (TVPA), which develops policies and programs addressing all forms of trafficking including child prostitution, bonded forced labor, conscripted child soldiering, debt bondage and involuntary servitude. The TVPA acknowledges trafficking as a federal crime and clearly defines parameters for identifying the problem. The US government estimates that on average 600,000-800,000 persons are trafficked each year across borders and 56% of them are trafficked for commercial exploitation. An estimated 14,500-17,500 persons are trafficked into the US each year, with Asia being the leading source of trafficked victims.
Trafficking in human beings preys on vulnerable populations. Ethnic minorities, unprivileged populations, females in economically depressed communities, migrant laborers bound for richer Asian states or the Gulf region, and domestic servants are among the most vulnerable populations susceptible to trafficking. Economic disparities and poverty have stimulated migration trends around the world along with the growing demand for cheap labor. Trafficking further exploits this situation through smuggling and enslaving vulnerable populations. Moreover, the aftermath of war and subsequent deterioration of families contribute to the vulnerability of communities.
Panel One: Sex and Labor Trafficking: A Closer Look at Two Critical Components of Trafficking
The first panel examined the different forms of trafficking within Asian countries. While sexual exploitation has been the most commonly known form of trafficking, labor trafficking is exceedingly becoming equally as prevalent. The increase in the number of human beings trafficked worldwide is undisputed. Panelists compared the trends and practices specific to sex trafficking and labor trafficking, and discussed the health and social impacts on victims. Both sex and labor trafficking involve some extent of coercion and deprivation of basic human rights. Nearly all of the commercial sexual exploitation involves women and girls, while economic exploitation concerns men and women both in almost equal numbers. Children make up between 40-50% of the victims who are trafficked. Globalization has led to an upsurge of both labor trafficking and sexual exploitation. Wealthier nations seek cheap labor from less developed nations. Neo-liberal economic policies have unhindered the flow of goods and services between nations, but it has also fostered significant imbalances in markets and incomes. The gap between the rich and poor is growing wider under economic globalization. This contributes to increased vulnerability of economically disadvantaged communities to trafficking.
It is commonly believed that migration for work purposes is voluntary and sex trafficking is forced, however, the issue is not straightforward. There are numerous factors involved, making the situation complex. Furthermore, trafficking is linked to more factors than merely poverty and the search for better jobs. Trafficking is a type of migration that has taken a turn for the worse. It is a form of migration, which prospers on the abuse of human rights and coerced movement.
Trade agreements have loosened barriers between nations to allow the easy exchange of goods, services and labor. This also removes obstacles for traffickers. The constant flow of migrants across porous borders makes it difficult to trace cases of human trafficking. Furthermore, the spread of globalization means more and easier access to the Internet, where the trafficking industry is thriving. While globalization makes borders easier to penetrate, trafficking victims are also passing through border controls with less hassle and scrutiny than before. However, tightening borders will not end the problem of trafficking. It simply forces traffickers and their victims further underground at greater risks.
The Greater Mekong Subregion, comprising of Cambodia, Laos, Thailand, Vietnam, Burma, and Southwestern China, is a region of Asia where trafficking has become rampant. Extensive economic growth, accelerated development and political transition have deeply affected the population, leading many to turn to desperate means in order to earn a basic income. The increased trade and investment has also introduced more demand for labor across borders. In this region, there are immense income and social disparities, particularly concentrated around urban hubs such as Bangkok. Thus, Thailand has become a principal destination country for trafficking. Ethnic minorities in northern Thailand are drawn to urban centers such as Bangkok to enter the lucrative sex industry. Yet, many arrive with naïve notions about the actual situation. In other Mekong countries, trafficking leads to harsh labor exploitation. Some examples include girls ages 14-23 in Laos who were discovered hiding in a garment factory producing jeans, young Burmese boys who were found living in fishing boats and forced to work for a fish processing plant, and Khmer boys under the age of 10 working long hours in tourist districts of urban centers as beggars. Routinely these children were beaten with the purpose of making them appear abused in order to solicit more money and sympathy from passersby. All of these examples represent common situations as a result of trafficking for labor purposes.
One panelist described the situation in Indonesia and Malaysia, where many women are trafficked as domestic workers. Recently the Malaysian government began massive deportations of illegal migrants, regardless of how they had entered the country. Many who were illegally trafficked into Malaysia against their will and without papers were affected. Immigration law in Malaysia lacks protection of migrant workers and fails to take into consideration trafficked victims. Hundreds of thousands of women were deported, rendering them vulnerable to being repeatedly trafficked. Other panelists agreed that the differences between migration, trafficking and smuggling needs to be more clearly defined and acknowledged for the protection of victims who face life-threatening situations, such as deportation from Malaysia to another unknown destination. Trafficked victims are a subset of migrants needing attention different from other migrants. Trafficked victims are completely vulnerable and dependent on someone in a position of power, often for their survival.
The presenter from the International Labour Organization (ILO) underscored the importance of analyzing this issue at the source and at destination countries. At the source, the panelist highlighted the need for greater economic and social empowerment, the mobilization of local communities, an improvement in education and employment options and the ability to identify and map high risk areas where trafficking is most likely to occur. Looking at the issue inside a destination country entails improving labor protection, installing an effective system of contracts among relevant actors within a work environment, the supervision of recruitment for work and reliable monitoring. Both of these approaches will promote mechanisms and protections for safe migration and fair standards for labor under internationally recognized principles. Furthermore, the panelist from the ILO highlighted the value of coordinated action in regional areas between countries of origin and destination.
A major challenge facing East Asia is the continuous flow of North Korean refugees trafficked into China. According to one panelist, nearly 200,000 North Koreans voluntarily cross into China fleeing detention camps, prisons and political repression from the North Korean government. Among these refugees, numerous North Korean women and girls are trafficked and sold against their will as wives, concubines, karaoke club servers or sex workers in China. In an effort to stem the abuses against refugees, the US has signed a “Statement of Principles”, which is a document exerting pressure on China to treat refugees humanely in accordance with the UN Convention on the status of refugees (1951). Additionally, civil society actors are concerned with the status of victims and the repercussions if they are returned to North Korea.
Another enormous problem in Southeast Asia is forced labor trafficking. The International Labour Organization released its May 2005 Annual Report documenting a minimum of 2.45 million trafficked forced laborers worldwide. Asia remains the region with the greatest number of victims, which accounts for more than 1.4 million persons. In particular, South Asia bears the largest concentration of trafficked victims. For instance, 61% of India’s sex workers are children, many of them trafficked or working in the sex industry against their will. Children are also trafficked to be used as camel jockeys for the camel racing industry. Burma’s political status directly contributes to the overwhelming problem of forced labor and trafficked labor within Burma. The United Nations and permanent Security Council members have the capacity to forcefully address this issue with Burma, but they must emphasize the urgency and demand results.
Migration in search of economic opportunity is seen throughout Asia and across the world. The economic incentives to seek work options in more industrialized nations are a common trend. However, trafficking compounds this situation into something far worse. Abject poverty fuels people to take risks to their lives and enter harmful situations in order to escape desperate situations. For instance, many Southeast Asian women are hired as domestic workers in the Gulf region only to be forced into servitude, physically abused or raped with no way out. Work places hiring migrant labor often bypass fair labor practices and workers lack understanding of their rights. Impoverished communities are persuaded by guarantees of jobs in distant countries only to be deceived, abused and trapped in life-threatening situations.
Panel Two: Lessons Learned and Challenges Ahead
This panel broadly looked at efforts being made across Asia, but also the challenges that lie ahead and how to tackle the problem from different approaches. From a domestic point of view, advocates working closely with trafficked victims in the US promoted more education and awareness within immigrant communities to understand the complexities of trafficking. From a regional perspective, draft laws and policies are currently being presented to governments based on the growing number of trafficked victims. Grassroots networks in Asia remain a strong thread of community based advocacy and lobbying for improved laws to protect victims of trafficking. Finally, a lively discussion ensued in this panel, debating the benefits and consequences of raids on brothels to pull victims out of harmful situations. While rescuing a victim from a brothel on the surface appears to be the best case scenario, panelists deliberated the usefulness of this when not all victims are released. Where will victims go after leaving that brothel? Will their lack of documents place them in danger of being deported and trafficked again? These challenging questions were raised throughout this session.
Trafficking thrives on the supply and demand of labor and sex work. This is worsened by conditions of poverty, corruption and a weak rule of law in many countries. Panelists analyzed the push and pull factors fueling the supply and demand in the larger social context. The situations in Burma and North Korea exemplify this problem and are two of the most serious cases of trafficking in Asia. Panelists underscored tackling root causes as essential to stop the flow of victims falling into exploitative situations.
A panelist from the Kachin community unveiled the often hidden side of waves of trafficking from Burma. Many women who are already marginalized from Kachin State, Burma, are trafficked into China as second wives. And it is becoming an all too familiar scenario. Most Burmese women and girls are deceived by the assurance of better paying jobs than Burma has to offer, and China is the most common destination. Once trafficked to China, these women face scant protection, extended periods of forced detention and harsh physical abuse. Chinese men offer to pay US$625-1,875 to purchase a wife from Kachin State, Burma. In other cases, women are placed in debt bondage to traffickers for several years. Those who are able to pay back their debts or escape fear returning to their home communities. Due to gender attitudes toward women in Burma, trafficked victims are stigmatized upon returning home. In other instances, women are repatriated to Burma through wrong border crossings, far from their homes, placing them in great risk to be trafficked again.
In recognition of the problem, the Burmese military regime passed an anti-trafficking law in 2005. However, the law does not discuss root causes of trafficking or pledge to protect the basic human rights of victims upon return. Women’s rights were scarcely recognized in Burma prior to the passage of this anti-trafficking law, therefore many observers view it as a feeble attempt to combat the issue. Furthermore, the weak rule of law questions the sincerity of the measure and its enforcement. Trafficking remains a grave problem throughout Burma. The military regime must take more concerted steps toward genuinely tackling the larger human rights problems throughout the country.
In the case of Hong Kong, domestic workers are entitled to a set of labor rights and are aware of their status to demand fair treatment. Although enforcement of domestic workers’ rights laws remains to be carried through in every instance, domestic workers in Hong Kong are highly organized and possess far more rights than workers in neighboring countries. In other countries, domestic workers are unaware of their rights, thus refrain from demanding them. Panelists agreed that advocating for a stronger rights-based approach to labor rights, especially in sectors such as domestic workers, is essential.
Asia ACTs Against Child Trafficking, which is a regional network of anti-trafficking organizations, has been proposing innovative laws and policies with respective governments in Southeast Asia to address the entrenched problem of trafficking. For instance, Asia ACTs now operates affiliate organizations in the Philippines, Indonesia, Cambodia and Thailand. In May of 2003, the Philippines passed a law to establish and implement an interagency council to oversee the issue of human trafficking and manage a trust fund confiscated from assets of traffickers to assist victims and work toward prevention. Within Asia ACTs in the Philippines, three-day training workshops have proven effective in explaining the key issues to communities and training people how to respond to trafficking cases. These trainings further demanded improved governance and democracy in areas where trafficking thrives the most.
Human trafficking is beyond a moral, economic and criminal problem, but an egregious violation of human rights. Efforts to combat trafficking must implement a three-pronged approach of prevention, protection and prosecution. The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons is one of the first global treaties of the anti-trafficking movement, bringing standards of international law and policy to the issue. Formation of a treaty is the first step in acknowledging the issue in legal terms and on a global scale. Yet, more action must be taken to buttress the UN Protocol and ensure that nations implement the treaty within their domestic systems.
There are some efforts to tackle these issues in urban centers. For instance, in New York City, there are successful training sessions for NGOs and immigrant communities creating an awareness of human trafficking. Trainings are focused on convening law enforcement, social service providers and lawyers to act in the best interest of the victim. The panelists noted the overemphasis on law enforcement in many major international cities where trafficked victims are sent, recommending that policies must be more victim-centered. Many agreed that anti-trafficking policies should engage civil society actors as well as business owners. Those working directly with trafficked victims understand the importance of an intervention to rescue women and girls. However, crucial questions remain: what impact will an intervention have on the situation and for other victims not rescued? What are the consequences for the victim upon returning home? Furthermore, once rescued, where are the victims to go if home is not an option? Returning home is not always the safest decision and depending on the conditions, fails to guarantee that the victim would not be trafficked again. For the case of those without proof of citizenship, such as hill tribes in Thailand or ethnic communities in Burma, returning home comes at extreme risk. Without legal documents, they can be prosecuted, thrown in prison or deported. Panelists and participants engaged in a discussion on the benefits and risks of intervention. They recognized the different approaches and types of services being rendered at different levels on individuals, communities, workplaces, or at a national, regional and international arena and the need for more information-sharing among themselves towards achieving a greater impact.
Panelists identified areas that pose the most challenge, such as strengthening community awareness of trafficking, revising and reinforcing laws to more clearly define the parameters of human trafficking, specifically in assigning age provisions, developing a safe child protection network and understanding the assistance required of victims and survivors toward a full recovery and reintegration into society. More specifically, the US government representative asserted that the Trafficking Victims Protection Act or TVPA is limited to some extent because of its bilateral approach in addressing human trafficking. The TVPA neglects to concentrate the regional implications of trafficking, which is often relevant to remedying the situation. Other panelists noted the lack of an adequate UN structure for monitoring compliance of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. Without an effective compliance system to hold governments accountable, the treaty fails to achieve its purpose.
Another criticism of the approach to combating trafficking focused on the US’s approach of adopting the “Three Ps” namely, “Prosecution, Protection and Prevention” in this order of priority. Some panelists argued for a reverse approach starting with prevention as a vital and important first step in the whole process. Broadening the understanding of prevention work was proposed by a panelist as lessons are learned on the ground. Asia ACTs draws prevention success that includes not only training and community education about human trafficking, but also that which addresses issues of local governance to the rebuilding of communities and the network of social, economic and family support services an approach that is parallel to addressing challenges for conflict resolution. There is also still a need to standardize and develop clear guidelines for the protection of trafficked persons that meet human rights standards.
Panel Three: Next Steps: Role of the International Community
The final panel evaluated the role of the international community and the necessary measures to collectively devise a coherent and effective strategy to put an end to trafficking. Labor standards exist to promote workers’ rights, but an inclusive policy framework for human rights and labor rights is lacking on an international level. Forced labor, labor exploitation and human trafficking are inextricably linked. Coordinating an action plan for each region of the world between countries of origin and destination will contribute to efforts of halting trafficking. All agreed to engage all stakeholders at all times throughout the process of promoting national ownership of putting an end to trafficking. The stakeholders range from communities, workers’ organizations, NGOs, national governments to businesses, multilateral institutions, foundations and the media. The need for broader donor-based collaboration was proposed in order to pool resources toward achieving a more comprehensive impact on the ground. This is a challenge with donors due to a tendency to claim ‘success’ with small funds on limited areas and levels of intervention.
One of the most basic and fundamental steps identified was having an entire region to agree on one common definition of trafficking and establish clear boundaries under the law to define trafficking. The US representative emphasized the lack of clarity on defining trafficking, which hinders any efforts in collaborating with partner organizations. As a consequence of an unclear definition of trafficking, victims are punished or deported because they fall beyond the definition of trafficked persons agreed upon for one specific country. There is a lack of understanding and knowledge about trafficking, thus some countries adopt narrow and biased definitions. All agreed that victims should not be punished for unlawful acts as the result of trafficking, such as immigration or prostitution violations. This addresses the heart of the problem of defining trafficking. Without an undisputed definition, legislation or advocacy fails to be effective.
Panelists concurred that an improved system is needed across agencies to exchange information and strategies. Currently there is a gap in communication, only weakening the struggle to end trafficking. Panelists agreed toward a more comprehensive approach on all sides of trafficking (prevention, awareness, prosecution, services, law enforcement, intervention, collecting of data, analyzing information, sharing information and building capacity.)
The US government urges nations to follow the TVPA as a model to approach trafficking cases. The TVPA four-tier ranking system indicates to what extent nations are upholding basic standards to prevent and combat trafficking. For instance, countries placed on a lower tier face the possibility of US sanctions or public condemnation. The tier system and its policies insist on victim protection. Many nations have undertaken the principles outlined in the TVPA. For instance, Japan refers to a national Plan of Action and an anti-trafficking law. In Thailand, a screening process has been established in coordination with International Organization on Migration (IOM). The Trafficking in Persons (TIP) annual report outlines strategies and standards that the US government employs when faced with cases of trafficking. The US representative encouraged nations to refer to the TIP report as a way to approach human trafficking and analyze the situation on a consistent basis.
Conclusion
Human trafficking is a multifaceted and complex problem throughout Asia with unintended consequences. As poverty, economic inequality, dislocation, a weak rule of law and marginalization of vulnerable communities persist, trafficking will also exist and possibly worsen in the future. The symposium discussed the broader recognition of trafficking and explored policy options and political action to address the most critical aspects of trafficking.
Next year the UN will highlight the significance of migration and development acknowledging the problem of trafficking, signaling to the international community and governments that trafficking in humans is at a critical moment. The US government’s heightened attention to this challenge has aided in raising the issues to a greater degree of awareness. Panelists and participants identified that a clearer and more coordinated effort on behalf of NGOs, UN agencies, governments and relevant organizations must improve to work toward a positive strategy for action.
The challenges ahead must address how to strengthen community awareness, revise national laws to firmly define trafficking, and provide comprehensive assistance to victims and survivors toward full recovery and reintegration. Coordinating efforts to confront human trafficking on all levels will bring the world closer to ending human trafficking.
Asia Society Symposium
Combating Human Trafficking in Asia: A Strategy for Action
November 16, 2005
Asia Society, 725 Park Avenue, New York City
Cosponsored with the Woodrow Wilson International Center for Scholars
This program is made possible with generous support from the Open Society Institute
One of the fastest-growing areas of organized crime, trafficking in human beings is now estimated to earn as much money for criminal syndicates as the global narcotics trade. Today’s symposium at the Asia Society will bring together leaders from the U.S. and Asia in academia, nongovernmental organizations, and the health and policy making communities to discuss local and global strategies for combating human trafficking. After exploring the complex context and causes of trafficking, the participants will examine its status in international law and current prevention efforts. They will also discuss the larger social issues surrounding sex trade, and suggest how to make effective policy to address those issues while promoting international accountability and responsibility. Coordination and communication between sectors are vital in the fight against human trafficking, and this timely program strives to facilitate the critical formation of partnership and leadership through in-depth discussion.
8:30 am Breakfast
9:00 am Welcome and Introductory Remarks
Jamie Metzl, Executive Vice President, Asia Society
9:15 am An Overview: Trafficking in Persons within Asia and across International Borders
Panelists:
Amihan V. Abueva, Coordinator for Southeast Asia, Asia ACTs Against Child Trafficking
Ruchira Gupta, Executive Director, Apne Aap Women Worldwide, India
Mark Taylor, Senior Coordinator for Reports, Office to Monitor and Combat Trafficking in Persons, U.S. Department of State
Moderator: Nisha Varia, Researcher, Women’s Rights Division, Human Rights Watch
1. What are the different forms of human trafficking? Under what conditions does this trafficking occur? What are the less visible yet most prevalent forms of trafficking in Asia? How can successful interventions be made in these cases?
2. How do the United Nations, civil society groups, as well as governments, like the U.S. and countries in EU, define it? How does this definition address the issue’s complexities, or not?
3. What societies and populations in Asia are most vulnerable to trafficking, e.g. minorities? How do legal and structural issues within and across countries perpetuate cycles of long-term vulnerability?
4. How do trends and patterns of trafficking to the U.S. compare to other regions of the world?
10:15 am Panel I: Sex and Labor Trafficking: A Closer Look at Two Critical Components of Trafficking
Panelists:
Thetis Mangahas, Chief Technical Adviser/Programme Manager, ILO International Program on the Elimination of Child Labour, Mekong Sub-Regional Project to Combat Trafficking in Children and Women
Norma Timbang, Research Consultant, Washington State Human Trafficking Response Network (Former Executive Director, Asian and Pacific Islander Women and Family Safety Center, WA)
Neha Misra, Coordinator, Counter Trafficking Programs, Solidarity Center, AFL-CIO
Donna M. Hughes, Professor of Women’s Studies at University of Rhode Island
Moderator: Josh DeWind, Director, Social Science Research Council
1. What are the different forms of sex trafficking within Asian countries? Is the sex trade a part of this? Does the situation in Asia impact the global sex industry? What particular trends and modalities are taking place in the region?
2. What different forms of exploitative practices are linked to labor trafficking? In which countries outside Asia do most trafficked migrant laborers end up as sweatshop workers, commercial or agricultural laborers, or maids and nannies? How are governments implicated in labor trafficking, if at all?
3. How does “irregular migration” compound the problem in trafficking in both the short and long term (future citizenship rights for children, etc.)? What impact do migration laws and border control practices have on this problem? What are the major transit routes across Asia? Which countries in Asia are major destinations for irregular migrants?
4. What are the consequences and impact on health brought about by sex and labor trafficking? Are health-based interventions adjusting to the changing face of sex and labor trafficking?
11:15 am Coffee Break
11:30 am Panel II: Lessons Learned and Challenges Ahead
Panelists:
Shirley Seng, Coordinator, Kachin Women's Association Thailand
Amihan V. Abueva, Coordinator for Southeast Asia, Asia ACTs Against Child Trafficking
Juhu Thukral, Director, Sex Workers Project of the Urban Justice Center
Thomas Steinfatt, Professor, University of Miami, Florida
Moderator: Sam Zia-Zarifi, Deputy Director, Asia Division, Human rights Watch
1. What are the efforts by NGOs, governments, the UN and other international organizations, including the private sector, to prevent trafficking?
· What initiatives for collaboration are in place? What strategies or approaches work best, and under what conditions? What are the best ways to coordinate efforts and communication between and among them?
· What sectors should be engaged at different levels for greater impact?
2. How do social instabilities and increasing state-sponsored ethnic persecution exacerbate trafficking in Southeast Asia?
3. What is the current status of laws relating to human trafficking in Southeast Asian countries like Burma, Cambodia, Laos, Indonesia, Thailand, Vietnam, Philippines, etc.? What impedes their effective application and enforcement? What would enable successful prosecution?
4. What interventions have proven to work or have made significant impact in educating and empowering groups who are vulnerable to sex and labor trafficking? What roles can NGOs, tourism industries or employment agencies play?
5. What is the impact of anti-trafficking laws in Asia on sex workers? How do advocates for sex workers’ rights and those opposed to legalizing prostitution work together to define and reach common solutions in securing human rights protection and ending sexual exploitation? How do national laws and international conventions address these issues?
6. Are the human rights of trafficked individuals protected under existing immigration, labor laws and anti-trafficking laws?
12:30 pm Lunch Break
1:45 pm Panel III: Next Steps: Role of the International Community
Panelists:
Thetis Mangahas, Chief Technical Adviser/Programme Manager, ILO International Program on the Elimination of Child Labour, Mekong Sub-Regional Project to Combat Trafficking in Children and Women
Mark Taylor, Senior Coordinator for Reports, Office to Monitor and Combat Trafficking in Persons, U.S. Department of State
Moderator: Frances Sullivan, Regional Representative for North America and the Caribbean, International Organization for Migration
1. What forms of partnership and leadership are necessary to meet the challenge? What resources are required?
2. What can the U.S. do to make a meaningful impact on international opinion and policy-making to end human trafficking?
3. What is the impact of the U.S.’s current punitive policies, tier system and sanctions on countries with evidence of increasing trafficking? What are the limitations and alternatives?
4. What role can the United Nations or EU play? What steps need to be taken?
5. What revisions are necessary in state policy, migration law, and international conventions for a coherent and effective strategy to prevent and end human trafficking?
6. What are the necessary local, national and international infrastructures that must be in place to facilitate a systematic process and sustainable means to address trafficking?
2:45 pm Conclusion and Review of Key Recommendations from Speakers
Moderators: Sam Zia-Zarifi, Deputy Director, Asia Division, Human rights Watch; and Asia Society
3:30pm Adjourn
November 16, 2005
Cosponsored with the Woodrow Wilson International Center for Scholars
Written by
Ann Putnam, Rapporteur
in cooperation with
Doris Bacalzo, Program Officer, Asian Social Issues Program, Asia Society
Major funding for this project was provided by the Open Society Institute.
The Asia Society gratefully acknowledges its support.
Introduction
In November 2005, the Asia Society in cooperation with the Woodrow Wilson International Center for Scholars hosted an all day symposium in New York and a policy briefing in Washington, DC to address human trafficking in Asia. They brought together representatives from non-governmental organizations, advocacy and policy experts, and scholars from the US and Asia to discuss the global implications of the entrenched problem of sex and labor trafficking, and in particular the challenges of the US’s policy and role in making a meaningful impact. The panelists examined the innovative legislation, actions and policies emerging to end trafficking, while also analyzing measures for prevention. Panelists and participants further engaged in discussions to generate an effective strategy for action.
Human trafficking is one of the fastest growing underground sectors of organized crime in the world. Unlike the trafficking of illegal drugs, the transport and sale of human beings can be repeated numerous times utilizing the same person. It is estimated that nearly one million people are trafficked internationally into this form of modern slavery. This probes larger social issues in the context of economic development, public health, national security, foreign policy, and international law, predominantly concerning women and children.
The symposium discussion began with dissecting and understanding the definition of trafficking. This allowed participants to take a closer look at the critical components of human trafficking in Asia. Revisiting current definitions provided an opportunity for many advocates and experts in the room to asses the context of their understanding of the problem and hence, their subsequent actions and strategies. Trafficking not only consists of the illegal sex trade but also encompasses migrant labor, domestic workers, agricultural workers, and sweatshop laborers. Panelists examined the efforts made by non-governmental organizations, governments, UN agencies and local community groups to prevent and raise awareness of human trafficking. Finally, the symposium addressed the most crucial aspects of trafficking and discussed ways in which communication among all key actors can be coordinated more effectively. The core objective of the symposium aimed to determine the interventions needed to make a significant impact on halting trafficking and to produce a set of policy recommendations. Key recommendations emerging from the symposium were brought to the US policy community’s attention at the briefing in Washington, DC.
Policy Recommendations:
Adopt a human rights-based approach to frame anti-trafficking policy that provides meaningful protection and enables individuals to make sound decisions.
Improve governance and democracy in both source and destination countries to overcome structural and legal barriers that perpetuate cycles of long-term vulnerability to human trafficking, e.g. poverty, inadequate economic opportunities, lack of citizenship, narrow immigration rights, and grave gender discrimination.
Formulate a comprehensive strategy on all sides of trafficking, including prevention, awareness, prosecution, services, law enforcement, intervention, collection of data, analyzing information, exchanging information and building capacity of local actors.
Design intervention programs embedded in development strategies which address cross-cutting issues and are appropriate to particular situations. These programs should not be limited only to crime prevention and international security concerns.
Advance an inclusive policy to enable vital stakeholders from the ground to be engaged and informed at every stage of design, implementation and monitoring of technical programs on human trafficking.
Engage with multi-development banks and international financial institutions to address the greater issue and root causes of trafficking. Anti-trafficking prevention efforts should be part of their development programs and priorities.
Endorse effective legislation on labor laws that address the concerns and rights of domestic workers. Domestic workers currently are unprotected by labor laws, thus often are abused or fall through the system without appropriate protection.
Promote corporate social responsibility and encourage businesses to monitor their overseas operations to prevent forced labor and abuses against migrant workers or domestic workers.
Insist on fair labor practices and standards from businesses and factories.
Provide economic opportunities to women and girls who may otherwise be trafficked. Efforts to establish micro-credit initiatives, farms and selling of agricultural products will empower women to earn a stable and reliable income and stem the need to earn an income outside of their communities.
Effectively train law enforcement services in countries of destination. This is important to identify the problem and ensure that victims are provided with appropriate social services and attorneys.
Establish an inter-agency learning environment that will encourage key actors working to prevent and stop trafficking to share their methodology and strategies with their community and partner organizations. Improve coordination and communication among civil society actors, advocacy organizations, governments and service providers.
Obtain more accurate statistics of trafficked persons and cases, which will buttress information and numbers of cases when drafting policies and identifying the gravity of the problem.
Coordinate with media outlets to improve the public understanding of trafficking, which will eventually have a profound effect on policy making and change political behavior toward human trafficking.
Overview: Trafficking in Persons within Asia and across International Borders
The symposium began with a brief overview of trafficking across Asia. Panelists presented a broad definition of trafficking and referred to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons. The UN Protocol was ratified in December of 2003, and last year, the Office of the United Nations High Commissioner for Human Rights appointed a Special Rapporteur to focus on trafficking in persons, which especially concentrates on women and children and the human rights aspects of trafficked victims. The UN Protocol defines trafficking as the recruitment, transfer, harboring, transportation or receipt of a person by means of threat, use of force, abduction, deception, abuse of power, giving/receiving payment, or coercion for the purpose of exploitation. Trafficking also involves the process and geographical transfer of people by extensive recruitment, transportation, harboring and receipt of persons. During this process, victims of trafficking are typically threatened, abducted, deceived by an abuse of power or forced into situations beyond their control. Trafficking also exploits human beings for the use of prostitution or other forms of sexual exploitation, as well as services for forced labor, practices similar to slavery, servitude, removal of organs, child soldiers, marital purposes, illegal adoptions or the transportation of illegal drugs.
Now more than ever before is the formal and informal economy in Asia demanding large volumes of inexpensive labor. The forced movement of humans across national borders is not a new phenomenon in the world, but what is striking is the sheer volume and numbers of people being trafficked today. In a world where free trade agreements govern economic relations between countries, trafficking satisfies the demand for cheap, unregulated labor. Recently trafficked labor is being demanded at oil pipelines, construction sites and large infrastructure projects, where boomtowns flourish. Laborers toil under harsh working conditions where leaving or escaping comes with severe consequences. Moreover, boomtowns drive the demand for sex trafficking, leading to a significant HIV/AIDS problem. In some cases, the demand by men in these boomtowns for young virgins in the belief that this will cure them of HIV/AIDS further worsens the situation.
Trafficking in persons illustrates the worst form of labor exploitation. Today’s economy lacks sturdy labor standards and is experiencing a degradation of work. Workers today are in worse situations than their predecessors were a decade ago. This is the result of less job security, less social security available to workers, and the probability of job opportunities without benefits, which eventually places workers in more vulnerable situations leaving them without a safety net. Labor standards are deteriorating in general, thus are even worse for trafficked and migrant workers.
One panelist described the consequences of trafficking as a decrease in social values, family deterioration, greater violence against women and an erosion of labor standards. As a result, communities face severe public health consequences, particularly psychological trauma and extreme forms of stress.
In 2000, the US government passed the Trafficking of Victims Protection Act (TVPA), which develops policies and programs addressing all forms of trafficking including child prostitution, bonded forced labor, conscripted child soldiering, debt bondage and involuntary servitude. The TVPA acknowledges trafficking as a federal crime and clearly defines parameters for identifying the problem. The US government estimates that on average 600,000-800,000 persons are trafficked each year across borders and 56% of them are trafficked for commercial exploitation. An estimated 14,500-17,500 persons are trafficked into the US each year, with Asia being the leading source of trafficked victims.
Trafficking in human beings preys on vulnerable populations. Ethnic minorities, unprivileged populations, females in economically depressed communities, migrant laborers bound for richer Asian states or the Gulf region, and domestic servants are among the most vulnerable populations susceptible to trafficking. Economic disparities and poverty have stimulated migration trends around the world along with the growing demand for cheap labor. Trafficking further exploits this situation through smuggling and enslaving vulnerable populations. Moreover, the aftermath of war and subsequent deterioration of families contribute to the vulnerability of communities.
Panel One: Sex and Labor Trafficking: A Closer Look at Two Critical Components of Trafficking
The first panel examined the different forms of trafficking within Asian countries. While sexual exploitation has been the most commonly known form of trafficking, labor trafficking is exceedingly becoming equally as prevalent. The increase in the number of human beings trafficked worldwide is undisputed. Panelists compared the trends and practices specific to sex trafficking and labor trafficking, and discussed the health and social impacts on victims. Both sex and labor trafficking involve some extent of coercion and deprivation of basic human rights. Nearly all of the commercial sexual exploitation involves women and girls, while economic exploitation concerns men and women both in almost equal numbers. Children make up between 40-50% of the victims who are trafficked. Globalization has led to an upsurge of both labor trafficking and sexual exploitation. Wealthier nations seek cheap labor from less developed nations. Neo-liberal economic policies have unhindered the flow of goods and services between nations, but it has also fostered significant imbalances in markets and incomes. The gap between the rich and poor is growing wider under economic globalization. This contributes to increased vulnerability of economically disadvantaged communities to trafficking.
It is commonly believed that migration for work purposes is voluntary and sex trafficking is forced, however, the issue is not straightforward. There are numerous factors involved, making the situation complex. Furthermore, trafficking is linked to more factors than merely poverty and the search for better jobs. Trafficking is a type of migration that has taken a turn for the worse. It is a form of migration, which prospers on the abuse of human rights and coerced movement.
Trade agreements have loosened barriers between nations to allow the easy exchange of goods, services and labor. This also removes obstacles for traffickers. The constant flow of migrants across porous borders makes it difficult to trace cases of human trafficking. Furthermore, the spread of globalization means more and easier access to the Internet, where the trafficking industry is thriving. While globalization makes borders easier to penetrate, trafficking victims are also passing through border controls with less hassle and scrutiny than before. However, tightening borders will not end the problem of trafficking. It simply forces traffickers and their victims further underground at greater risks.
The Greater Mekong Subregion, comprising of Cambodia, Laos, Thailand, Vietnam, Burma, and Southwestern China, is a region of Asia where trafficking has become rampant. Extensive economic growth, accelerated development and political transition have deeply affected the population, leading many to turn to desperate means in order to earn a basic income. The increased trade and investment has also introduced more demand for labor across borders. In this region, there are immense income and social disparities, particularly concentrated around urban hubs such as Bangkok. Thus, Thailand has become a principal destination country for trafficking. Ethnic minorities in northern Thailand are drawn to urban centers such as Bangkok to enter the lucrative sex industry. Yet, many arrive with naïve notions about the actual situation. In other Mekong countries, trafficking leads to harsh labor exploitation. Some examples include girls ages 14-23 in Laos who were discovered hiding in a garment factory producing jeans, young Burmese boys who were found living in fishing boats and forced to work for a fish processing plant, and Khmer boys under the age of 10 working long hours in tourist districts of urban centers as beggars. Routinely these children were beaten with the purpose of making them appear abused in order to solicit more money and sympathy from passersby. All of these examples represent common situations as a result of trafficking for labor purposes.
One panelist described the situation in Indonesia and Malaysia, where many women are trafficked as domestic workers. Recently the Malaysian government began massive deportations of illegal migrants, regardless of how they had entered the country. Many who were illegally trafficked into Malaysia against their will and without papers were affected. Immigration law in Malaysia lacks protection of migrant workers and fails to take into consideration trafficked victims. Hundreds of thousands of women were deported, rendering them vulnerable to being repeatedly trafficked. Other panelists agreed that the differences between migration, trafficking and smuggling needs to be more clearly defined and acknowledged for the protection of victims who face life-threatening situations, such as deportation from Malaysia to another unknown destination. Trafficked victims are a subset of migrants needing attention different from other migrants. Trafficked victims are completely vulnerable and dependent on someone in a position of power, often for their survival.
The presenter from the International Labour Organization (ILO) underscored the importance of analyzing this issue at the source and at destination countries. At the source, the panelist highlighted the need for greater economic and social empowerment, the mobilization of local communities, an improvement in education and employment options and the ability to identify and map high risk areas where trafficking is most likely to occur. Looking at the issue inside a destination country entails improving labor protection, installing an effective system of contracts among relevant actors within a work environment, the supervision of recruitment for work and reliable monitoring. Both of these approaches will promote mechanisms and protections for safe migration and fair standards for labor under internationally recognized principles. Furthermore, the panelist from the ILO highlighted the value of coordinated action in regional areas between countries of origin and destination.
A major challenge facing East Asia is the continuous flow of North Korean refugees trafficked into China. According to one panelist, nearly 200,000 North Koreans voluntarily cross into China fleeing detention camps, prisons and political repression from the North Korean government. Among these refugees, numerous North Korean women and girls are trafficked and sold against their will as wives, concubines, karaoke club servers or sex workers in China. In an effort to stem the abuses against refugees, the US has signed a “Statement of Principles”, which is a document exerting pressure on China to treat refugees humanely in accordance with the UN Convention on the status of refugees (1951). Additionally, civil society actors are concerned with the status of victims and the repercussions if they are returned to North Korea.
Another enormous problem in Southeast Asia is forced labor trafficking. The International Labour Organization released its May 2005 Annual Report documenting a minimum of 2.45 million trafficked forced laborers worldwide. Asia remains the region with the greatest number of victims, which accounts for more than 1.4 million persons. In particular, South Asia bears the largest concentration of trafficked victims. For instance, 61% of India’s sex workers are children, many of them trafficked or working in the sex industry against their will. Children are also trafficked to be used as camel jockeys for the camel racing industry. Burma’s political status directly contributes to the overwhelming problem of forced labor and trafficked labor within Burma. The United Nations and permanent Security Council members have the capacity to forcefully address this issue with Burma, but they must emphasize the urgency and demand results.
Migration in search of economic opportunity is seen throughout Asia and across the world. The economic incentives to seek work options in more industrialized nations are a common trend. However, trafficking compounds this situation into something far worse. Abject poverty fuels people to take risks to their lives and enter harmful situations in order to escape desperate situations. For instance, many Southeast Asian women are hired as domestic workers in the Gulf region only to be forced into servitude, physically abused or raped with no way out. Work places hiring migrant labor often bypass fair labor practices and workers lack understanding of their rights. Impoverished communities are persuaded by guarantees of jobs in distant countries only to be deceived, abused and trapped in life-threatening situations.
Panel Two: Lessons Learned and Challenges Ahead
This panel broadly looked at efforts being made across Asia, but also the challenges that lie ahead and how to tackle the problem from different approaches. From a domestic point of view, advocates working closely with trafficked victims in the US promoted more education and awareness within immigrant communities to understand the complexities of trafficking. From a regional perspective, draft laws and policies are currently being presented to governments based on the growing number of trafficked victims. Grassroots networks in Asia remain a strong thread of community based advocacy and lobbying for improved laws to protect victims of trafficking. Finally, a lively discussion ensued in this panel, debating the benefits and consequences of raids on brothels to pull victims out of harmful situations. While rescuing a victim from a brothel on the surface appears to be the best case scenario, panelists deliberated the usefulness of this when not all victims are released. Where will victims go after leaving that brothel? Will their lack of documents place them in danger of being deported and trafficked again? These challenging questions were raised throughout this session.
Trafficking thrives on the supply and demand of labor and sex work. This is worsened by conditions of poverty, corruption and a weak rule of law in many countries. Panelists analyzed the push and pull factors fueling the supply and demand in the larger social context. The situations in Burma and North Korea exemplify this problem and are two of the most serious cases of trafficking in Asia. Panelists underscored tackling root causes as essential to stop the flow of victims falling into exploitative situations.
A panelist from the Kachin community unveiled the often hidden side of waves of trafficking from Burma. Many women who are already marginalized from Kachin State, Burma, are trafficked into China as second wives. And it is becoming an all too familiar scenario. Most Burmese women and girls are deceived by the assurance of better paying jobs than Burma has to offer, and China is the most common destination. Once trafficked to China, these women face scant protection, extended periods of forced detention and harsh physical abuse. Chinese men offer to pay US$625-1,875 to purchase a wife from Kachin State, Burma. In other cases, women are placed in debt bondage to traffickers for several years. Those who are able to pay back their debts or escape fear returning to their home communities. Due to gender attitudes toward women in Burma, trafficked victims are stigmatized upon returning home. In other instances, women are repatriated to Burma through wrong border crossings, far from their homes, placing them in great risk to be trafficked again.
In recognition of the problem, the Burmese military regime passed an anti-trafficking law in 2005. However, the law does not discuss root causes of trafficking or pledge to protect the basic human rights of victims upon return. Women’s rights were scarcely recognized in Burma prior to the passage of this anti-trafficking law, therefore many observers view it as a feeble attempt to combat the issue. Furthermore, the weak rule of law questions the sincerity of the measure and its enforcement. Trafficking remains a grave problem throughout Burma. The military regime must take more concerted steps toward genuinely tackling the larger human rights problems throughout the country.
In the case of Hong Kong, domestic workers are entitled to a set of labor rights and are aware of their status to demand fair treatment. Although enforcement of domestic workers’ rights laws remains to be carried through in every instance, domestic workers in Hong Kong are highly organized and possess far more rights than workers in neighboring countries. In other countries, domestic workers are unaware of their rights, thus refrain from demanding them. Panelists agreed that advocating for a stronger rights-based approach to labor rights, especially in sectors such as domestic workers, is essential.
Asia ACTs Against Child Trafficking, which is a regional network of anti-trafficking organizations, has been proposing innovative laws and policies with respective governments in Southeast Asia to address the entrenched problem of trafficking. For instance, Asia ACTs now operates affiliate organizations in the Philippines, Indonesia, Cambodia and Thailand. In May of 2003, the Philippines passed a law to establish and implement an interagency council to oversee the issue of human trafficking and manage a trust fund confiscated from assets of traffickers to assist victims and work toward prevention. Within Asia ACTs in the Philippines, three-day training workshops have proven effective in explaining the key issues to communities and training people how to respond to trafficking cases. These trainings further demanded improved governance and democracy in areas where trafficking thrives the most.
Human trafficking is beyond a moral, economic and criminal problem, but an egregious violation of human rights. Efforts to combat trafficking must implement a three-pronged approach of prevention, protection and prosecution. The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons is one of the first global treaties of the anti-trafficking movement, bringing standards of international law and policy to the issue. Formation of a treaty is the first step in acknowledging the issue in legal terms and on a global scale. Yet, more action must be taken to buttress the UN Protocol and ensure that nations implement the treaty within their domestic systems.
There are some efforts to tackle these issues in urban centers. For instance, in New York City, there are successful training sessions for NGOs and immigrant communities creating an awareness of human trafficking. Trainings are focused on convening law enforcement, social service providers and lawyers to act in the best interest of the victim. The panelists noted the overemphasis on law enforcement in many major international cities where trafficked victims are sent, recommending that policies must be more victim-centered. Many agreed that anti-trafficking policies should engage civil society actors as well as business owners. Those working directly with trafficked victims understand the importance of an intervention to rescue women and girls. However, crucial questions remain: what impact will an intervention have on the situation and for other victims not rescued? What are the consequences for the victim upon returning home? Furthermore, once rescued, where are the victims to go if home is not an option? Returning home is not always the safest decision and depending on the conditions, fails to guarantee that the victim would not be trafficked again. For the case of those without proof of citizenship, such as hill tribes in Thailand or ethnic communities in Burma, returning home comes at extreme risk. Without legal documents, they can be prosecuted, thrown in prison or deported. Panelists and participants engaged in a discussion on the benefits and risks of intervention. They recognized the different approaches and types of services being rendered at different levels on individuals, communities, workplaces, or at a national, regional and international arena and the need for more information-sharing among themselves towards achieving a greater impact.
Panelists identified areas that pose the most challenge, such as strengthening community awareness of trafficking, revising and reinforcing laws to more clearly define the parameters of human trafficking, specifically in assigning age provisions, developing a safe child protection network and understanding the assistance required of victims and survivors toward a full recovery and reintegration into society. More specifically, the US government representative asserted that the Trafficking Victims Protection Act or TVPA is limited to some extent because of its bilateral approach in addressing human trafficking. The TVPA neglects to concentrate the regional implications of trafficking, which is often relevant to remedying the situation. Other panelists noted the lack of an adequate UN structure for monitoring compliance of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. Without an effective compliance system to hold governments accountable, the treaty fails to achieve its purpose.
Another criticism of the approach to combating trafficking focused on the US’s approach of adopting the “Three Ps” namely, “Prosecution, Protection and Prevention” in this order of priority. Some panelists argued for a reverse approach starting with prevention as a vital and important first step in the whole process. Broadening the understanding of prevention work was proposed by a panelist as lessons are learned on the ground. Asia ACTs draws prevention success that includes not only training and community education about human trafficking, but also that which addresses issues of local governance to the rebuilding of communities and the network of social, economic and family support services an approach that is parallel to addressing challenges for conflict resolution. There is also still a need to standardize and develop clear guidelines for the protection of trafficked persons that meet human rights standards.
Panel Three: Next Steps: Role of the International Community
The final panel evaluated the role of the international community and the necessary measures to collectively devise a coherent and effective strategy to put an end to trafficking. Labor standards exist to promote workers’ rights, but an inclusive policy framework for human rights and labor rights is lacking on an international level. Forced labor, labor exploitation and human trafficking are inextricably linked. Coordinating an action plan for each region of the world between countries of origin and destination will contribute to efforts of halting trafficking. All agreed to engage all stakeholders at all times throughout the process of promoting national ownership of putting an end to trafficking. The stakeholders range from communities, workers’ organizations, NGOs, national governments to businesses, multilateral institutions, foundations and the media. The need for broader donor-based collaboration was proposed in order to pool resources toward achieving a more comprehensive impact on the ground. This is a challenge with donors due to a tendency to claim ‘success’ with small funds on limited areas and levels of intervention.
One of the most basic and fundamental steps identified was having an entire region to agree on one common definition of trafficking and establish clear boundaries under the law to define trafficking. The US representative emphasized the lack of clarity on defining trafficking, which hinders any efforts in collaborating with partner organizations. As a consequence of an unclear definition of trafficking, victims are punished or deported because they fall beyond the definition of trafficked persons agreed upon for one specific country. There is a lack of understanding and knowledge about trafficking, thus some countries adopt narrow and biased definitions. All agreed that victims should not be punished for unlawful acts as the result of trafficking, such as immigration or prostitution violations. This addresses the heart of the problem of defining trafficking. Without an undisputed definition, legislation or advocacy fails to be effective.
Panelists concurred that an improved system is needed across agencies to exchange information and strategies. Currently there is a gap in communication, only weakening the struggle to end trafficking. Panelists agreed toward a more comprehensive approach on all sides of trafficking (prevention, awareness, prosecution, services, law enforcement, intervention, collecting of data, analyzing information, sharing information and building capacity.)
The US government urges nations to follow the TVPA as a model to approach trafficking cases. The TVPA four-tier ranking system indicates to what extent nations are upholding basic standards to prevent and combat trafficking. For instance, countries placed on a lower tier face the possibility of US sanctions or public condemnation. The tier system and its policies insist on victim protection. Many nations have undertaken the principles outlined in the TVPA. For instance, Japan refers to a national Plan of Action and an anti-trafficking law. In Thailand, a screening process has been established in coordination with International Organization on Migration (IOM). The Trafficking in Persons (TIP) annual report outlines strategies and standards that the US government employs when faced with cases of trafficking. The US representative encouraged nations to refer to the TIP report as a way to approach human trafficking and analyze the situation on a consistent basis.
Conclusion
Human trafficking is a multifaceted and complex problem throughout Asia with unintended consequences. As poverty, economic inequality, dislocation, a weak rule of law and marginalization of vulnerable communities persist, trafficking will also exist and possibly worsen in the future. The symposium discussed the broader recognition of trafficking and explored policy options and political action to address the most critical aspects of trafficking.
Next year the UN will highlight the significance of migration and development acknowledging the problem of trafficking, signaling to the international community and governments that trafficking in humans is at a critical moment. The US government’s heightened attention to this challenge has aided in raising the issues to a greater degree of awareness. Panelists and participants identified that a clearer and more coordinated effort on behalf of NGOs, UN agencies, governments and relevant organizations must improve to work toward a positive strategy for action.
The challenges ahead must address how to strengthen community awareness, revise national laws to firmly define trafficking, and provide comprehensive assistance to victims and survivors toward full recovery and reintegration. Coordinating efforts to confront human trafficking on all levels will bring the world closer to ending human trafficking.
Asia Society Symposium
Combating Human Trafficking in Asia: A Strategy for Action
November 16, 2005
Asia Society, 725 Park Avenue, New York City
Cosponsored with the Woodrow Wilson International Center for Scholars
This program is made possible with generous support from the Open Society Institute
One of the fastest-growing areas of organized crime, trafficking in human beings is now estimated to earn as much money for criminal syndicates as the global narcotics trade. Today’s symposium at the Asia Society will bring together leaders from the U.S. and Asia in academia, nongovernmental organizations, and the health and policy making communities to discuss local and global strategies for combating human trafficking. After exploring the complex context and causes of trafficking, the participants will examine its status in international law and current prevention efforts. They will also discuss the larger social issues surrounding sex trade, and suggest how to make effective policy to address those issues while promoting international accountability and responsibility. Coordination and communication between sectors are vital in the fight against human trafficking, and this timely program strives to facilitate the critical formation of partnership and leadership through in-depth discussion.
8:30 am Breakfast
9:00 am Welcome and Introductory Remarks
Jamie Metzl, Executive Vice President, Asia Society
9:15 am An Overview: Trafficking in Persons within Asia and across International Borders
Panelists:
Amihan V. Abueva, Coordinator for Southeast Asia, Asia ACTs Against Child Trafficking
Ruchira Gupta, Executive Director, Apne Aap Women Worldwide, India
Mark Taylor, Senior Coordinator for Reports, Office to Monitor and Combat Trafficking in Persons, U.S. Department of State
Moderator: Nisha Varia, Researcher, Women’s Rights Division, Human Rights Watch
1. What are the different forms of human trafficking? Under what conditions does this trafficking occur? What are the less visible yet most prevalent forms of trafficking in Asia? How can successful interventions be made in these cases?
2. How do the United Nations, civil society groups, as well as governments, like the U.S. and countries in EU, define it? How does this definition address the issue’s complexities, or not?
3. What societies and populations in Asia are most vulnerable to trafficking, e.g. minorities? How do legal and structural issues within and across countries perpetuate cycles of long-term vulnerability?
4. How do trends and patterns of trafficking to the U.S. compare to other regions of the world?
10:15 am Panel I: Sex and Labor Trafficking: A Closer Look at Two Critical Components of Trafficking
Panelists:
Thetis Mangahas, Chief Technical Adviser/Programme Manager, ILO International Program on the Elimination of Child Labour, Mekong Sub-Regional Project to Combat Trafficking in Children and Women
Norma Timbang, Research Consultant, Washington State Human Trafficking Response Network (Former Executive Director, Asian and Pacific Islander Women and Family Safety Center, WA)
Neha Misra, Coordinator, Counter Trafficking Programs, Solidarity Center, AFL-CIO
Donna M. Hughes, Professor of Women’s Studies at University of Rhode Island
Moderator: Josh DeWind, Director, Social Science Research Council
1. What are the different forms of sex trafficking within Asian countries? Is the sex trade a part of this? Does the situation in Asia impact the global sex industry? What particular trends and modalities are taking place in the region?
2. What different forms of exploitative practices are linked to labor trafficking? In which countries outside Asia do most trafficked migrant laborers end up as sweatshop workers, commercial or agricultural laborers, or maids and nannies? How are governments implicated in labor trafficking, if at all?
3. How does “irregular migration” compound the problem in trafficking in both the short and long term (future citizenship rights for children, etc.)? What impact do migration laws and border control practices have on this problem? What are the major transit routes across Asia? Which countries in Asia are major destinations for irregular migrants?
4. What are the consequences and impact on health brought about by sex and labor trafficking? Are health-based interventions adjusting to the changing face of sex and labor trafficking?
11:15 am Coffee Break
11:30 am Panel II: Lessons Learned and Challenges Ahead
Panelists:
Shirley Seng, Coordinator, Kachin Women's Association Thailand
Amihan V. Abueva, Coordinator for Southeast Asia, Asia ACTs Against Child Trafficking
Juhu Thukral, Director, Sex Workers Project of the Urban Justice Center
Thomas Steinfatt, Professor, University of Miami, Florida
Moderator: Sam Zia-Zarifi, Deputy Director, Asia Division, Human rights Watch
1. What are the efforts by NGOs, governments, the UN and other international organizations, including the private sector, to prevent trafficking?
· What initiatives for collaboration are in place? What strategies or approaches work best, and under what conditions? What are the best ways to coordinate efforts and communication between and among them?
· What sectors should be engaged at different levels for greater impact?
2. How do social instabilities and increasing state-sponsored ethnic persecution exacerbate trafficking in Southeast Asia?
3. What is the current status of laws relating to human trafficking in Southeast Asian countries like Burma, Cambodia, Laos, Indonesia, Thailand, Vietnam, Philippines, etc.? What impedes their effective application and enforcement? What would enable successful prosecution?
4. What interventions have proven to work or have made significant impact in educating and empowering groups who are vulnerable to sex and labor trafficking? What roles can NGOs, tourism industries or employment agencies play?
5. What is the impact of anti-trafficking laws in Asia on sex workers? How do advocates for sex workers’ rights and those opposed to legalizing prostitution work together to define and reach common solutions in securing human rights protection and ending sexual exploitation? How do national laws and international conventions address these issues?
6. Are the human rights of trafficked individuals protected under existing immigration, labor laws and anti-trafficking laws?
12:30 pm Lunch Break
1:45 pm Panel III: Next Steps: Role of the International Community
Panelists:
Thetis Mangahas, Chief Technical Adviser/Programme Manager, ILO International Program on the Elimination of Child Labour, Mekong Sub-Regional Project to Combat Trafficking in Children and Women
Mark Taylor, Senior Coordinator for Reports, Office to Monitor and Combat Trafficking in Persons, U.S. Department of State
Moderator: Frances Sullivan, Regional Representative for North America and the Caribbean, International Organization for Migration
1. What forms of partnership and leadership are necessary to meet the challenge? What resources are required?
2. What can the U.S. do to make a meaningful impact on international opinion and policy-making to end human trafficking?
3. What is the impact of the U.S.’s current punitive policies, tier system and sanctions on countries with evidence of increasing trafficking? What are the limitations and alternatives?
4. What role can the United Nations or EU play? What steps need to be taken?
5. What revisions are necessary in state policy, migration law, and international conventions for a coherent and effective strategy to prevent and end human trafficking?
6. What are the necessary local, national and international infrastructures that must be in place to facilitate a systematic process and sustainable means to address trafficking?
2:45 pm Conclusion and Review of Key Recommendations from Speakers
Moderators: Sam Zia-Zarifi, Deputy Director, Asia Division, Human rights Watch; and Asia Society
3:30pm Adjourn
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