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TRAFFICKING OF YOUNG WOMEN1
AUTHORS: CLAIRE JAMES AND SANDRA ATLER
PARTNER ORGANISATION: ECPAT SWEDEN

BACKGROUND2
The trafficking of young women and girls has increased dramatically in scope and
magnitude over the past two decades as a result of globalisation (Unifem 1999). It is
a gross violation of human rights and an example of the way in which the effects of
globalisation are not gender neutral. The ongoing abuses of human rights and the
growing social and economic inequality within and between countries has lead to an
environment in which many women have few choices and resources, and are thus
vulnerable to being lured, mislead or forced through kidnapping and rape into being
trafficked (Unifem 1999). Once trafficked, women are exploited and abused in
circumstances that are tantamount to modern-day slavery. Young women are typically
forced into the sex industry but may also be forced into begging, agriculture,
domestic service, forced marriage or sweatshop factories (GAATW n.d.(a)). Whether
bonded by debt, fears for the safety of their families or by their illegal status, many
women are ‘sold’ a number of times and may remain captive for years.
Not all who are trafficked are the “stereotype of the naive and innocent virgin girl”
(Unifem1999). Many are moderately aware of the risks involved, but are not in a
situation in which the offers made by traffickers of a better life elsewhere can be
ignored. Women are often recruited by traffickers using counterfeit visas and fake
contracts to create the impression of legitimate work (Chuang 1998). Women may
only learn of their plight upon arrival and confiscation of their documentation.
Women who are most vulnerable to being trafficked are those aged 10-18 and who
are impoverished, uneducated or from Indigenous, ethnic minority, rural or refugee
groups (Unifem 1999). Such women often lack access to education and meaningful
employment opportunities. Cultural and customary practices may also perpetuate
discriminatory and violent practices that further diminish women’s opportunities
(Unifem 1999). A woman’s value to a trafficker and ‘employer’ is increased by how
young the woman or girl is, if she is beautiful or a virgin (Human Rights Watch 1995).
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Families living in extreme poverty may encourage their daughters into being trafficked
in order to support the family:
“…they (the family) found that if they let one daughter go, for three years they
would sustain the rest of the family, and the daughters go because they want
to be dutiful daughters.” (Zabarenko n.d.)
Having little status or power over decision-making in the family, some young women
find they have been ‘sold’ or bartered without their knowledge by close relatives or
boyfriends, with the closeness of the relationship making it far easier for the woman to
be misled (GAATW, n.d.(a)). In a recently conducted study of young women who had
been trafficked (Coalition to Abolish Slavery & Trafficking n.d.) it was found that:
• 3 percent were sold by a boyfriend;
• 4 percent were raped and sold;
• 5 percent were raped by a stepfather and sold;
• 32 percent were tricked and sold by non-family;
• 8 percent were sold by patrons to pay debts; and
• 4 percent went to the city to find jobs and were then sold.
For the traffickers, this is a highly lucrative criminal practice that continues to operate
with near impunity as domestic and international political will and legal frameworks
intended to prevent and prosecute this illegal trade remain weak.

KEY DEFINITIONS
TRAFFICKING IN PERSONS: the recruitment, transportation, transfer, harbouring
or receipt of persons, by any form of coercion, of abduction, of fraud, of deception
and abuse of power. This involves the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for exploitation
(UN, Article 3 of The Trafficking Protocol).
EXPLOITATION: the use of people for prostitution (and other forms of sexual
services), forced labour, slavery, servitude or the removal of organs (UN, Article 3
of The Trafficking Protocol).
DEBT BONDAGE: the status or condition arising from a pledge by a debtor of their
personal services (or someone in their protection) as security for a debt, if the value
of these services is not applied towards the liquidation of the debt.3
FORCED LABOUR AND SLAVERY-LIKE PRACTICES: “[t]he extraction of work
or services from any person or the appropriation of the legal identity and/or physical
person of any person by means of violence or threat of violence, abuse of authority or
dominant position, debt-bondage, deception or other forms of coercion” (GAATW
definition as cited by Chuang 1998).
GENDER-BASED VIOLENCE: violence which is directed against a woman because
of her gender. It includes acts which “inflict physical, mental or sexual harm or suffering,
threats of such acts, coercion and other depravations of liberty” (CEADW Article 1).
PEOPLE SMUGGLING: the “procurement of illegal entry of a person into a State of
which the latter person is not a national in order to obtain a profit” (United Nations
Global Program Against Trafficking in Human Beings).

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KEY PLAYERS
GOVERNMENTS: The responsibility for the protection of women’s and girl’s human
rights lies first and foremost with the state. A commitment to creating laws and policies
that protect human rights and do not further exacerbate women’s social, economic
and political disadvantage, are essential to preventing trafficking, prosecuting the
perpetrators and providing adequate protection for women who have been trafficked.
This may include facing up to the uncomfortable reality of endemic corruption at
all levels of government (Carpenter 2003). Governments with domestic immigration
policies and anti-prostitution laws incompatible with international trafficking
conventions and who continue to criminalise women who have been trafficked and
deport them as illegal immigrants, are not providing adequate protection (Chuang
1998). Unfortunately, women continue to be under-represented or absent from
decision making bodies and as a result are limited in their ability to instigate and
influence reform, particularly in relation to gender-based violence (Cook 1994).
SEX TOURISTS: One key demand driving the trafficking of women is the increased
popularity of the sex and tourism trades in the developing world:
“In Amsterdam, it costs you 200 guilders for 2 hours. And the girls watch the
clock, you know? Here it costs you 10,000 bolivars for the whole night. And
they’re lovely girls. They enjoy sex. They want to please you.” 45 year old man
from the Netherlands (ECPAT FAQ n.d.)
“This is such an open, natural culture. Girls are so willing and open, they want to please.
They’re sexual from the age of six…” 52 year old man from Canada (ECPAT FAQ n.d.)
Men (and very occasionally, women) are increasingly attracted to the developing world
to engage in acts such as pedophilia which, even if illegal, are poorly regulated and
rarely prosecuted. Racism pervades this issue, driving demand for women and girls
from the South. Myths surrounding particular cultures and their ‘suitability’ for
sexual exploitation are commonplace.
ORGANISED CRIME SYNDICATES: Trafficking is increasingly the domain of highly
organised international crime syndicates, attracted by the high profits that can be
made for very little risk (Anti-slavery Campaign n.d.).
NON-GOVERNMENTAL ORGANISATIONS (NGOS): are crucial in addressing
the trafficking of women and girls. However, NGOs working in this field are divided
over the issue of prostitution. This has affected the focus of preventative and protective
measures. Those who promote the abolition of prostitution tend to adopt
‘Protective Models’ of intervention, which focus on the restriction of international
migration, shelters and medical care for trafficking victims (Chuang 1998). This is
criticised by some as having the potential of sending the industry underground and
exacerbating women’s vulnerability to abuse. Those who adopt an ‘Empowerment
Model’ believe in respecting women’s autonomy and capacity to engage in consensual
prostitution as a form of employment (Chuang 1998). Those NGOs adopting this
approach tend to lobby for increased labour rights and regulation of conditions, and
seek to address exploitation and abuse to empower women rather than see them as
victims (Chuang. 1998). The range of views amongst NGOs has often resulted in
uncoordinated approaches to challenging the practice of trafficking. Greater
dialogue and coordination of activities are needed.
UNITED NATIONS (UN): UN institutions and in particular bodies such as the
United Nations Women’s Development Fund (UNIFEM), The United Nations Children
Fund (UNICEF) and The United Nations Office on Drug Control and Crime (UNODC)
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have been central to the creation and monitoring of international conventions


relating to trafficking. Despite this, the UN as a whole continues to be slow to recognise
gender-based persecution and the gender aspects of much of the language and
protection offered by international law.

MAIN ISSUES
In the last 30 years, it is estimated that over 30 million women and children have
been trafficked, mostly for the purpose of sexual exploitation. In 2001 alone, the
numbers are estimated to be between 700,000 and 2 million girls and women
(Carpenter 2003). The lack of exact figures is due to the illegal and underground
nature of this crime and the varying definitions that are used by organisations and
government bodies when examining this issue. Despite this, there is universal
consensus that trafficking is increasing and that the vast majority of women are
aged 25 or under (GAATW n.d. (a).
Trafficking is now believed to be the third most lucrative illegal trade after narcotics
and arms, with an estimated annual profit of US$7 billion (Hyland 2001). This is
partly due to the practice of debt-bondage in which a woman is forced to pay off a
hugely inflated figure said to be the cost of the woman’s transport, food, clothing
and accommodation. For a woman trafficked from Asia to America, the average
debt-bond is $40,000 (McMahon n.d.).

1. CAUSES OF TRAFFICKING – PUSH FACTORS


The causes of trafficking are commonly divided into two areas: ‘push’ (or supply)
factors that intensify the vulnerability of disadvantaged or marginalised social
groups to trafficking, and ‘pull’ (or demand) factors which create the demand for
women in particular forms of ‘labour’ (CESC n.d.).

Globalisation and the Feminisation of Poverty


“In Nigeria the majority of the poor population comprise women and children…
their vulnerability can be associated with increased inequality and globalisation
which aids traffickers and the entire industry in…luring this group of people.”
(Women’s Consortium of Nigeria (WOCON) 2002: IYP submission, Nigeria)

Women’s universal inequality in status, power and access to resources has left them more
vulnerable to the failings of globalisation. There is an increase in the “feminisation
of poverty” (in real-terms and relative to the rest of society) as women’s employment
opportunities have diminished and globalising economic forces have increased.
Structural Adjustment Programs (SAPs) imposed by international financial institutions
have forced states into reducing their spending on social welfare, education and
healthcare. The burden of providing these basic needs now falls largely to the
household where it has increased women’s workload, but reduced their ability to
handle the burden of extra costs.
Although the free market economy is presented as offering a path out of such poverty,
the effects of these policies increasingly contribute to the poverty cycle. Without
active investment in basic needs, women are unable to develop their capabilities and
participate fully in the economy.

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Traditional and Cultural Practices


Despite international efforts to create an adequate international human rights framework,
the recognition and protection of women from gender-specific human rights abuses
remains poor. Abuses of rights are often hidden or excused as being fundamental cultural
or religious practices or as somehow ‘natural’ (Cook 1994). Many women continue to
be considered simply in terms of their child-bearing capacity or role as dutiful wives
and daughters and not in terms of their humanity. Pressures on families and communities,
partly due to the effects of globalisation and ‘modernisation’, have also forced women
to increasingly bear the role of providing for the family. The abuse suffered by
WOMEN SORTING DRIED TOBACCO AT A women is often the extension of the abuse they have suffered as girls (Cook 1994).
FACTORY IN INDIA > PIC SEWA/OxfamCAA.

Lack of Education and Employment Opportunities


“Lack of job opportunities push young people… to emigrate north and be victims
of false promises.” (Coalition Against Trafficking in Women and Children (CATW
Africa): IYP submission, 2002, Mali)

As a result of the interplay of poverty and cultural factors, girls are often prevented
from enjoying the right to an equal education. If there is little money for education,
it is more likely to go towards the education of a male child, who is seen as the future
primary supporter of the family. Even if adequate funds are available, many societies
still resist the education of girls, deeming it unnecessary or even detrimental to the existing
status quo. Women’s employment opportunities in traditional fields of work have
dramatically decreased and where employment opportunities have increased it has
been in areas such as factory labour. Women’s right to employment continues to be seen
as expendable, partly due to the assumption that it merely supplements the income
of a male head of household (Carpenter 2003).

Discrimination based on Ethnicity or Minority Status


Women often experience intersectional discrimination on the basis of their race,
ethnicity, religion, language or economic status and their gender, creating a situation
of “double or triple marginalisation” (Coomaraswamy 2000). There are reports of
women of certain racial groups being specifically targeted for trafficking to Europe
to meet the racial preferences of clientele (Chuang 1998).

Conflict, Refugees and Internal Displacement


Conflict in many regions has resulted in vast numbers of internally displaced people
and refugees. Women are often left as the only income earner as men are killed or
disabled by war (Carpenter 2003). Internal displacement and migration has also
increased with the growing prevalence of ‘eenvironmental refugees’, those who have
been forced to flee natural disaster, environmental degradation, deforestation or from
the increasing concentration of land in the hands of a few land-holders (McMahon
n.d.). Women in such situations are extremely vulnerable to being trafficked as they
are often left homeless, without any financial support or the cultural requisite of
protection from older male relatives.

Selective Migration Policies


Women’s abilities to migrate legally are significantly less than their male counterparts.
Many migration policies favour only skilled labour or unskilled males for manual
labour. Events such as the terrorist attacks on the World Trade Centre in 2001 has seen
legal migration from some regions to the West being restricted or halted altogether
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due to potential ‘security threats’. Some countries have also sought to prevent the
trafficking of their nationals by implementing migration policies that prohibit travel
by unaccompanied females. This is a violation of the human right to freedom of
movement and forces women to seek alternative and more precarious means of
transport into another country, making them even more vulnerable to trafficking.

2. CAUSES OF TRAFFICKING – PULL FACTORS

Demand for Cheap, Submissive Labour


Women are targeted for trafficking in part due to the perception that they are ‘by
PIC OCAA Melbourne
nature’ more easily controlled and accepting of low wage work and hazardous
conditions (UNIFEM 1999). This can be particularly true for women who are
originally from marginalised social groups. The ability of traffickers to control
women can be then compounded by their illegal status within a country.

Commercialisation and the Sex Industry


“The Sex business is global, fuelled by multi-national corporations who own or co-
own venues that support this business (hotels, media, clubs, tourism). By
channelling funds into the sex industry, jobs are created that disempower
women and destroy families and society.” MiraMed Institute 2002: IYP submission,
USA & Russia.

Trafficking of young women to fulfil the demands of the sex industry is increasing.
Many governments in developing countries view prostitution as a necessary part of
promoting tourism as a means to development. In wealthier nations, disposable income
means high demands on the sex industry as leisure and entertainment.
Pornography has become increasingly visible throughout the developing world and over
the internet, which may create or reinforce myths of women’s ‘natural’ promiscuity
or ‘immorality’.
A further cause of increased demand for women to be trafficked into the sex industry
in particular areas is the presence of military forces, including UN peace-keepers
(Muntarbhorn 1998), mining companies and aid workers. While women may also be
trafficked for domestic labour, forced marriage, sweatshop labour or begging, it is the
sex industry that continues to be the primary destination for young women who are trafficked.

HIV/AIDS
The spread of HIV/AIDS, particularly in the developing world, has also led to an
increase in the trafficking of women, as the demand has increased for younger women
from rural areas. Myths such as “sex with a virgin cures AIDS” continue to pervade
some communities (ECPAT n.d. (a)). For young women and girls trafficked to fulfil
this particular demand, few have adequate knowledge or means of practicing safe
sex and many become infected with HIV/AIDS.

A Low-risk, High-profit Trade


The trafficking of women is an increasingly lucrative trade that assures high profits
for very little risk (UNIFEM 1999). Trafficking syndicates are frequently linked to other
aspects of organised crime such as the trade in narcotics, extortion or loan sharking
(UNIFEM 1999). Such operatives are sophisticated in their communications and
often operate in collusion with law enforcement officials (UNIFEM 1999).

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Trade and Border Controls


“Young People are being trafficked as commodities of cross border, global
trade, being stripped of their dignity and freedom. On the surface the world is
becoming freer. Yet it is painstakingly quite the opposite in this scenario.”
(Sarika Seki Hussey 2002: IYP submission, Japan).

The issue of border permeability is seemingly contradictory. Increased border


permeability due to increased trade and modern transportation have opened routes
of human migration, but border controls in many areas have also tightened as
governments of wealthier nations have sought to stem the flow of migration from
poorer nations. While it is commonly thought that traffickers move women from
poorer countries to richer ones, this is an over simplification as traffickers take into
account a range of factors, including the ease of transport, communications, the
demand in the sex industry and the degree of law enforcement (GAATW n.d.(a)).

Poor Enforcement of International Treaties and Legal Protection for Trafficked Women
Despite the numerous international agreements with provisions relevant to the
trafficking of women, few are ratified, enforced and legally binding.
Weak international legal instruments and poor co-ordination of prevention efforts
between countries and regions means that, even if the trafficker is caught, it is often
only the woman who is prosecuted as an illegal immigrant. Women who have been
trafficked often fail to seek help because of a well-founded distrust of police
(GAATW 1999), lack of knowledge of the law and of their rights, a shortage of
translators and cultural insensitivity within the judicial system (ECPAT n.d. (b)). Women
who do seek legal assistance or seek to assist in the prosecution of traffickers often
face a system hostile to women and lacking the sensitivity or political will needed to
tackle issues surrounding the forced prostitution and abuse of women. Women who
are trafficked justifiably fear retribution from criminal networks and corrupt
judicial systems and are vulnerable to further oppression, arbitrary arrest, custodial
abuse and summary deportation (Human Rights Watch 1995).

Perceptions of a life better elsewhere and poor information about risks


Many women remain unaware of what trafficking is and the risks involved in taking
the chance of ‘a better life’ elsewhere. This is in part fuelled by the increased presence
of marketing and advertising in even the most provincial regions. Those who are
aware often feel they have little choice but to take their chances.

3. ABUSE AND CONSEQUENCES


Sexual, Physical and Emotional Abuse: Women who are trafficked are subjected to
sexual, physical and emotional abuse at all stages of their being trafficked. Practices
such as gang rape as a means of initiating women into the sex industry are common
(CESC n.d.), as is daily violence and verbal abuse by employers, traffickers, clients
and law enforcement officials. As a result, many women feel constant fear, shame,
guilt, depression, denial and self-blame (Human Trafficking n.d.).
Poor working conditions and lack of health care: Trafficked women’s work is by
definition exploitative. In the desire for maximum profit margins, women may be
forced to work up to 20 hours a day and little is spent ensuring adequate food, shelter
and safe and reasonable working conditions (Hyland 2001). As an ‘illegal’ migrant
or worker, access to medical care is also limited by fear of detection, cost and
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language barriers. Those who seek medical care find that the cost is added to the
debt, which keeps them bonded in their labour.
Pregnancy and Abortion: Trafficked women in highly organised commercial settings
are typically provided with a daily contraceptive pill. Those who do fall pregnant
are usually forced to abort. The woman’s ‘illegal’ status, or the illegality of abortion,
means that abortions are often self-induced or performed in appalling conditions by
their ‘employers’ or other trafficked women. Women who choose and are able to
continue their pregnancy, are left to fend for themselves as an ‘illegal’ in the country
they have been trafficked to and may be forced to make their way home where they
and their child commonly face serious social stigma or complete ostracism.
HIV/AIDS and STDs: As HIV/AIDS remains a taboo issue in many societies, the
knowledge and use of safe sexual practices is often limited. Women who have been
trafficked are particularly vulnerable to infection as ‘clients’ often resist or refuse outright
the use of condoms, in which case the women have little choice but to comply.
Drug and Alcohol Abuse: Many women who have been trafficked are deliberately
introduced to drugs as a means of coping and to further bond them by debt. This
practice is particularly sinister in terms of the increased risk to women of infection
with HIV/AIDS.
Reduced Ability to Reintegrate into Society: Women who have been trafficked and
seek to return to their home communities face new difficulties and dangers. It is
doubtful that they are ever able to escape irreparable harm from the abuse they have
suffered. They may face rejection by their family and community and be stigmatised
as being sexually and morally depraved (UNIFEM 1999). Few are able to marry and
have children, which is often central to raising a woman’s social status (Human Rights
Watch 1995). Women who return are also rarely financially self-supporting, as any
earnings are usually sent to male relatives while they are away (UNIFEM 1999). With
few formal employment opportunities, women may return to prostitution within
their own communities, or again seek to migrate as their only means of financial support.

KEY RIGHTS AFFECTED


“The protection of human rights and the dignity of trafficked persons and
persons in prostitution must be given the highest priority.” Mary Robinson, UN
High Commissioner for Human Rights, 1999 (cited in GAATW n.d. (b)).

The international human rights system has been slow to recognise the specific human
rights violations experienced by women, often being dismissed as simply ‘women’s
issues’. Women’s bodies remain highly politicised and culturally ‘sacred’ in many
countries, and so their abuse is often hidden. Despite this, there is growing recognition
of the specific human rights violations to which women are subjected and greater
gender sensitivity in the rights framework. From a trafficking perspective, this
means that women must be able to enjoy the rights outlined below if their
vulnerability and subsequent exploitation is to cease (UNIFEM 1999).
The convention central to the protection of women’s human rights is the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW).
Article 2, requires states to “condemn discrimination against women in all its forms
[and] agree to pursue by all appropriate means, and without delay, a policy of
eliminating discrimination against women and, to this end, undertake (and) adopt
appropriate legislative and other measures, including sanctions where appropriate,
prohibiting all discrimination against women”.
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This includes non-discrimination in regards to Education (Article 10 of CEDAW)


and Employment (Article 11 of CEDAW): “state parties shall take all appropriate
measures to eliminate discrimination against women in the field of employment in
order to ensure, on a basis of equality of men and women, the same rights”. The Article
specifically mentions (a) the right to work; (b) the right to the same employment
opportunities; (c) the right to free choice of profession and employment; and (d) the right
to equal remuneration, including benefits, and to equal treatment in respect of work
of equal value, as well as equality of treatment in the evaluation of the quality of work.
To ensure equality in Economic and Social Life (Article 13) of CEDAW notes: “state
parties shall take all appropriate measures to eliminate discrimination against
women in other areas of economic and social life in order to ensure, on a basis of
equality of men and women, the same rights”.
Article 25.1 of the Universal Declaration of Human Rights (UDHR) further declares
“Everyone has the right to a standard of living adequate for the health and well-being…
including food, clothing, housing and medical care and necessary social services,
and the right to security in the event of unemployment, sickness, disability, widowhood,
old age or other lack of livelihood in circumstances beyond his control.”
Forced prostitution, physical, sexual and psychological abuse and other forms of
violence which many trafficked women experience, are declared by the Declaration
on the Elimination of Violence against Women to be “a violation of the rights and
fundamental freedoms of women”. Moreover violence against women is recognised
as a form of gender-based discrimination “that seriously inhibits women’ s ability
to enjoy rights and freedoms on a basis of equality with men”. 4 Forced abortion is
included as a form of violence against women.5
Sexual and domestic slavery of trafficked women is a violation of Article 4 of the
UDHR, which states that “no one shall be held in slavery or servitude”, and the Slavery
Convention specifies a series of measures to be undertaken by states to eliminate the
occurrence of slavery. The International Labour Organisation similarly requires all
member states to “suppress the use of forced or compulsory labour in all its forms”
(Forced Labour Convention, ILO No. 29). The practice of debt bondage, which
traps many trafficked women, is prohibited by Article 1(a) of the Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery.
Being forced into marriage violates Article 16.2 of the UDHR: “marriage shall be
entered into only with the free and full consent of the intending spouses”.
The right of trafficked women to access medical services is frequently restricted, due
to lack of valid papers, money or language facility. This right is enshrined in Article
25.1 of the UDHR, and the failure to meet this right in turn restricts the attainment
of “the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health” (ICESCR 12.1).
Trafficking of children is also an issue of grave concern. The trafficking of children,
both for employment and sexual purposes is strictly against the most fundamental
of human rights. The Declaration of the Rights of the Child puts it very simply in
Principle 9: “The child shall be protected against all forms of neglect, cruelty and
exploitation. He shall not be the subject of traffic, in any form.” The Convention
on the Rights of the Child (Article 34) specifies more detailed obligations of State
Parties to protect children “from all forms of sexual exploitation and sexual abuse.

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For these purposes, State Parties shall in particular take all appropriate national,
bilateral and multilateral measures to prevent:
a. The inducement or coercion of a child to engage in any unlawful sexual activity;
b. The exploitative use of children in prostitution or other unlawful sexual practices;
and
c. The exploitative use of children in pornographic performances and materials.”
The presence of paedophilia in the developing world is primarily (although not
exclusively) the result of poverty. Whether it is appropriate to deem this as ‘labour’6
is doubtful, but if considered as such, is prohibited by the Declaration of the Rights
of the Child, Principle 9. This principle declares, “The child shall not be admitted
to employment before an appropriate minimum age; he shall in no case be caused
or permitted to engage in any occupation or employment which would prejudice his
health or education, or interfere with his physical, mental or moral development.”
It can be seen therefore that trafficking of women and girls is not only unlawful but
seriously harmful to both the individual concerned and the societies in which they live.
The human rights framework outlined above defines trafficking, child pornography
and paedophilia as illegal. There are many complex causal links in both directions,
between trafficking and the violations of women’s and girl’s human rights. The articulation
of this human rights framework helps to clarify the interrelated nature of the many
problems that lead to, and result from, the trafficking of women and girls.
The responsibility for preventing trafficking and assisting women and children who
have been trafficked lies primarily with national governments. A range of obligations
are listed in the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, Supplementing the United Nations Convention
Against Transnational Organised Crime. The steps required to prevent trafficking
include domestic legislation against trafficking and traffickers (Article 5), and the
maintenance of stronger border controls (Article 11.1).

POLICY RECOMMENDATIONS
The importance of viewing the problem of trafficking holistically cannot be stressed
strongly enough. The micro-perspective of the victims must be linked to the macro-
perspective of trafficking. The problems are multifaceted and cannot be effectively
addressed in isolation of the context in which the trafficking is taking place.
There is a need to ensure greater co-operation between groups and across borders.
This work must prevent, combat and rehabilitate commercial sexual exploitation of
children and take on a broad holistic perspective in working against an issue such
as trafficking.

GOVERNMENTS. We urge governments to:


4.1 implement programs of poverty reduction.
4.2 increase education on women’s rights and equality between genders.
4.3 promote internationally recognised anti-corruption measures.
4.4 sign and ratify all human rights and trafficking protocols, particularly the UN
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children.

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4.5 implement domestic legislation that effectively prosecutes traffickers but protects
their victims.
4.6 provide shelter, medical care (including physical and psychological rehabilitation)
and legal advice for trafficked women (GAATW, n.d. (b)).
4.7 ensure that trafficked women are paid damages and receive appropriate rehabilitation.
4.8 ensure that the victims who are returned to their home countries are safe and do
not risk any reprisal or re-engagement by traffickers.
4.9 ensure that addressing trafficking is not used as a guise to crack down on illegal
immigrants and punish the women and not the traffickers.
4.10 recognise the issue of gender-based persecution.
4.11 ensure greater co-operation between police and prosecution nationally, regionally
and internationally. Increased networking and co-operation between all global
actors to stop the demand of sex with trafficked women is also crucial.
4.12 ensure greater child and youth participation in formulating policies that concretely
work against this problem since they will be able to access the younger
population in a way that adults never can.
4.13 ensure that the approach employed to combat trafficking is much more preventative
than it has been to date.

MULTILATERAL INSTITUTIONS. We believe that multilateral institutions should:


4.14 work with grassroots communities to reduce poverty.
4.15 insist on human rights based education and training.

CORPORATIONS. It is recommended that corporations:


4.16 adopt ethical policies that support the prevention of trafficking by ensuring
employees do not engage in its associated occupations (i.e. child pornography)
and work with the authorities to track and report trafficking related crime.
4.17 specifically for corporations involved in the tourism sector, take a stand against child
sex tourism, implementing a compulsory Code of Conduct (www.thecode.org).
4.18 with specific reference to media organisations, approach the problem of trafficking
with care and appropriate measures, showing respect and confidentiality for
both the victims and their families.

NON-GOVERNMENT ORGANISATIONS. We recommend NGOs:


4.19 lobby governments and authorities to implement the above measures and evaluate
compliance of government and authorities with international conventions.
4.20 distribute information about the situation of victims of trafficking.
4.21 promote poverty reduction and education.
4.22 provide funding for dedicated programs to assist women in these situations.
4.23 review the current UN Convention for the Suppression of the Traffic in persons
and of the Exploitation of the Prostitution of Others (1949) and its failure to
distinguish between sex-work and trafficking.

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HIGHLY AFFECTED, RARELY CONSIDERED > TRAFFIKING OF YOUNG WOMEN

REFERENCES
Antislavery Campaign (n.d.) www.antislavery.org/homepage/antislavery/award/traffickinginbangladesh.htm, accessed March 2003.
Banerjee, U.(n.d.) “Globalisation, Crisis in livelihoods, migration and trafficking of women and girls”, The crisis in India, Nepal and
Bangladesh, www.hrw.org/reports/200/japan/12-recommendatiosn.htm, accessed March 2003.
Carpenter, K. (January 2003) “Trafficking: A New War on Women”, The Zontian, January.
Chang, J. (1998) “Redirecting the debate over Trafficking in women: Definitions, Paradigms and Contexts”, Harvard Human Rights Journal,
Vol 11, No. 65.
Coalition to Abolish Slavery and Trafficking, (n.d.) Fact Sheet On Trafficking, www.trafficked-women.org/factsheet2.html, accessed April 2003.
Cook, R. (1994) “State Responsibility for Violations of Women’s Human Rights”, Harvard Human Rights Journal, Vol. 7, No. 125.
Coomaraswamy, R. (2000) Integration of the Human Rights of Women and the Gender Perspective: Report of the Special Rapporteur on violence
against women, it’s causes and consequences, UN Commission on Human Rights, 56th Session, Agenda 12 (a) of the provisional agenda.
CSEC (n.d.) Frequently asked questions about CSEC trafficking in Children, wysiwg://92/http://www.ecpat.net/eng/CSEC/faq/faq6.asp, March 2003
ECPAT – (n.d.a) Development Manual www.ecpat.ney.eng, accessed April 2003.
ECPAT FAQ (n.d.b) Frequently asked questions www.ecpat.ney.eng/CSEC/faq6.asp, accessed April 2003.
Engaging in Globalisation – Implications for Gender Relations, www.un.org/womenwatch/daw/csw/beirutglobal.htm, accessed April 2003.
GAATW (n.d.a) www.inet.co.th/org/gaatw, accessed March 2003.
GAATW (n.d.b) Trafficking in a global context fact sheet.
GAATW (June 2002) ‘II What is Trafficking’, June.
GAATW (January 1999) Human Right’s Standards for the Treatment of Trafficked Persons.
Human Rights Watch (1995) Global Report on Women’s Human Rights, USA.
www.humantrafficking.org/reintegration/, accessed March 2003.
Hyland, K. (2001) The Impact of the Protocol to Prevent, Suppress and Punish Trafficking in person Especially Women and Children, Human
Rights Brief, Vol. 8, Brief No.30.
McMahon, M. Trafficking of Women: A Report from Los Angeles.
Trafficked Women (n.d.) www.trafficked-women.org/berkshire.html, accessed February 2003.
Muntarbhorn, V. (1998) Rights of the Child: Sale of Children, UN Commission on Human Rights, 49th Session, cited by Stephanie Farrier,
“The International Law on Trafficking in Women and children for Prostitution: Making it live up to its potential”, Harvard Human Rights
Journal, Volume 10, No. 213.
Protection Project ( 2002) A Regional Snapshot on Trafficking in Persons Especially Women and Children in Western Europe, The
Protection Project, November.
Trafficking in Women – An Analytical Review, www.csecworldcongress.org/PDF/en/Yokohama/Background_reading/Theme_papers/
Theme%20paper%20Trafficking%20in%20Children.pdf, accessed February 2003.
UN (n.d.) UN Global Program Against Trafficking in Human Beings.
UNIFEM (1999) “Trafficking in Persons: A Gender and Rights Perspective”, Briefing Kit, Sheets 1,3,4, 5, 6 Communiqué of the
Ministerial Conference of the G-8 Countries on Combating Trans-national Organised Crime, Moscow.
Zabarenko, D. (n.d.) Trafficking of Women and Children on Upswing,
www.globalmarch.org/child-trafficking/news-articles/traffickingofwomen.htm, accessed March 2003.

1 Claire and Sandra would like to thank Karin Johansson (legal advisor EPCAT Sweden), Steph Jarvin for her suggestions, Julie-Ann Stringer
for editing, and Cora Weiss (President of the Hague Appeal for Peace).
2 While acknowledging the issue of trafficking in young men and boys, this chapter focuses on the issue of young women.
3 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, Section 1,
Article 1 (1957).
4 Committee on the Elimination of Discrimination against Women, Eleventh session, 1992, General Recommendation 19, Violence against Women.
5 Beijing Declaration and Platform for Action, 15 September 1995, Fourth World Conference on Women, (115 bis).
6 There is some controversy as to whether the commercial sexual exploitation of children should be dealt with in any way in terms of ‘child labour’.
The Focal Point Against Sexual Exploitation of Children (2000) argues that although separated in the UN Convention of the Rights of the
Child, some organisations, including the ILO, have categorised it as a form of labour. It is argued that this may inadvertently legitimise
this exploitation as a form of work. The Focal Point Against Sexual Exploitation of Children further argues that the term “child sex
worker” is to be avoided as it relegates CSEC to the same field as other child workers in roles such as shoe-shining which, while still
highly detrimental, are not as damaging as the Commercial Sexual Exploitation of Children.
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