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Introduction

Trafficking within and beyond the African continent for the past few years has been largely

ignored for the past several years. Trafficking as an issue area had been relegated to ‘low

politics’ and as such did not warrant prominence or as much attention as a ‘high politics’ issue or

concern would.

Trafficking is regarded as modern day slavery, thus tracing its roots as far back as the slave trade

days. In the West, trafficking, particularly that involving women and girls gained prominence in

the twentieth-century with feminist Josephine Butler’s campaign in Britain to distinguish

“innocent” victims and “immoral” prostitutes (Doezema, 2002, p.22), as a way to fight “white

slavery”.

Despite this early fight by feminists such as Josephine Butler and the adoption of laws as early as

1904 by 16 states in Paris and the 1933 International Convention for the Suppression of the

Traffic in Women, the definition of trafficking was still ambiguous. Thus it was not until

December 2000 that the international community reached a consensus on the definition of

Trafficking with the adoption of the Palermo Protocol.

Trafficking in persons according to the Palermo Protocol (UNICEF Innocenti Insight, 2003, p.3)

was thus defined as: -

“the recruitment, transportation, transfer, harbouring and receipt of persons, by means of


the threat or use of force or other forms of coercion, of abduction, of fraud, of deception,
of the abuse of power or of a position of vulnerability or of giving or receiving of payments
or benefits to achieve the consent of a person having control over another person, for the
purpose of exploitation. Exploitation shall include at the minimum, the exploitation of the
prostitution of others or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs.”

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Lately the incidence of trafficking within Eastern Africa has become rife as many citizens of

these nations seek a better life, hence become victims of this illegal trade. Countries within

Eastern Africa are now countries of origin, transit and even destination for those who are

trafficked.

The UNICEF Innocenti Insight (2003, p.10) offers the following definitions for a country of

origin, transit and destination. Thus a country of origin may be defined as “the victim’s home

country or place of residence”; a country of transit is defined as “one or more countries the

traffickers and victims pass through for geographic or logistic reasons to arrive at the final

destination” and a country of destination is defined as “the final point in the trafficking chain”.

One important factor to note is the difference between trafficking and smuggling is that

smuggling involves providing assistance to someone to illegally cross the border for a fee while

trafficking involves the use of means such s deception, coercion and abduction to transport a

person through legal or illegal channels across a border or within the country for exploitation.

Another important fact to note is that with smuggling, a migrant gives their consent to being

smuggled while a victim of trafficking is non-consenting (African Woman, 2009, pg.76).

This paper shall thus seek to examine, the causes of trafficking, that is, the reasons behind the

trade, countries within Eastern Africa that are affected, with special reference to Kenya, Ethiopia

and Tanzania; the impact of the trade, policy legislation and probable recommendations to help

curb this trade.

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Causes of trafficking

Successful businesses focus on the bottom line, that being of maximizing profit; the principle of

demand and supply is thus the most pertinent to achieving the bottom line as it enables them to

adjust accordingly in order to ensure that profits do not dip, thus adversely affect their venture.

Trafficking is no exception, as like any other form of trade, whether legal or not, the principle of

demand and supply is very pertinent. Trafficking is one of the most profitable illegal trade

industries as according to the International Labour Organization (ILO) it approximately rakes in

$9.5 billion annually while the United Nations places the estimate at $10 billion annually.

Human trafficking as a trade rivals drug trafficking in that a drug can only be sold once for a

certain price, a woman or child can be sold each day, every day, over and over again, thus the

markup is immeasurable (Bolton). Human trafficking is now the world’s third largest criminal

activity according to the United Nations Global Initiative to Fight Human Trafficking

(UN.GIFT).

With regards to trafficking, demand takes the form of “push factors” while the supply side takes

the form of “pull factors” (Innocenti Insight). The “pull factors” are the reasons as to why the

trade flourishes so much, while the “push factors” are the unfortunate circumstances that lure

vulnerable victims into a life of misery and drudgery.

The “push factors” in the Horn of Africa include but are not limited to: poverty, gender

inequality, conflict, lack of proper awareness and kidnappings in some cases; while on the other

hand the “pull factors” include but are not limited to: sexual exploitation, the need for cheap

labour and adoption scenarios.

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“Push factors”

As earlier mentioned, these are factors that may unknowingly lure one into a life of misery and

drudgery. The United Nations High Commission for Refugees (UNHCR) estimates that 74.000

people have risked their lives in 2008 to escape desperate situations of civil war, political

instability, poverty, famine and drought in the region (Schlein, 2009).

Poverty

According to the Merriam-Webster dictionary, poverty can be defined as “the state of one who

lacks a usual or socially acceptable amount of money or material possessions” (2010).

The United Nations Office on Drugs and Crime (UNODC) estimates that 50% of the population

in the eastern Africa region live under less than $2 a day (UNODC, 2009). Many people are in a

desperate search of a better life for themselves and their families that they are willing to do

anything to improve their stature in society. The modern world has become highly competitive

such that employment opportunities are becoming scarcer, particularly, for those who do not

have formal education or training.

Families are increasingly being split up as heads of households have to work away from home in

order to provide a sustainable supply of income to take care of their families. The increase in the

number of success stories of those who took gambles with overseas jobs and were handsomely

rewarded for that risk, encourage more and more people to seek opportunities overseas.

Children may be given away by their parents to relatives to raise them and give them a better

future as they are unable to care for them. Parents may unknowingly be leading their children

into lives of forced labour and other forms of exploitation. These children need not leave the

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country for the “so-called” better opportunities, but merely move to the urban cities within their

country, where there are meant to be more opportunities.

Exposure to global markets and access to information, often offer a deceptive view of a better

life abroad, thus increasing the numbers of young people who seek these great fortunes away

from home, and who often fall for traffickers’ fraudulent promises.

In Kenya, for example, every other day, the media reports tales of girls who have been lured by

false promises of jobs in the Middle East and how they were repeatedly and systematically

abused and taken advantage of. Many of these girls have their travel documents confiscated on

arrival to the “promised land” of milk and honey; this prevents them from escaping as they

would have no means of proving their identity.

Conflict

Conflict may be defined as “the situation in which the party (parties) perceive or experience

incompatible goals” (2006).

Conflicts within Eastern Africa have been ongoing for a number of years, the most protracted of

this region, being the Somalia conflict and that of Sudan; other minor conflicts that have arisen

in the past few years but have not displaced as many people as the above mentioned conflicts

have.

Regional conflicts often have an immediate response of refugees and internally displaced persons

who are desperate to get away from the political instability and fighting in the countries.

Traffickers are aware of this and as such often take advantage of those seeking asylum in other

countries as refugees.

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Those fleeing conflicts often do not have any or proper documentation, that proves, their name,

nationality or even birth registration (Innocenti Insight). Such individuals and children in

particular, are the best kind of commodity for the traffickers as they can easily disappear within

the system.

Many, particularly women and children, may fall into rings that, force them to trade sex for

survival and protection.

Gender Inequality

In societies where women and girls are considered to be inferior and weaker, they are more

likely to be trafficked. Young girls are often sold into prostitution rings, particularly, those who

are orphans, or those escaping early marriages; these girls end up in fates much worse or quite

similar to the one that they were in fact escaping from.

This particular problem has been noted in countries such as Kenya and Ethiopia, where majority

of the runaways end up in poor urban communities and in order to survive may end up in

brothels where they are forced to prostitute themselves, others may end up in forced labour with

poor pay packages and work conditions.

Those who end up in these forced labour conditions are often subjected to all sorts of abuse.

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Kidnappings

Young women, girls and children are often forcibly taken from their homes, schools and villages

by rebels or traffickers. This vulnerable group are often forced into a life that acutely differs

from what they are used to.

Young boys are often kidnapped to be used as child soldiers in the armies of the rebels, while the

young women and girls are kidnapped in order to provide “wives” for the soldiers in the armies

or in order to provide sexual services to the soldiers in the camps; some of these children are

moved across the border into Sudan.

Within Uganda this is the most prevalent method of trafficking that is being used, particularly in

the Northern part of the country. The Lord’s Resistance Army (LRA) often abducts young girls,

women and children from villages and schools for the purpose of exploitation. According to

IRIN it is estimated that as many as 25,000 northern Ugandan children have been abducted.

Lack of Awareness

This has contributed a major deal to the illicit trade of trafficking of women and children; due to

the fact that many of them, especially, those who live in the rural areas, do not know what they

are getting themselves into. They are lured by false promises of better jobs overseas and believe

that this is their opportunity to better themselves.

Traffickers often exploit their victims’ lack of knowledge of the ‘way of the world’ (African

Woman, pg.77).

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“Pull factors”

These are the factors that have fuelled and instigated this trade by increasing the demand for

victims of trafficking. The following five factors have been identified as being behind the need

for human slaves: - the need for cheap labour, sexual exploitation, adoption, post conflict

structures and traditional practices.

Economic exploitation

This factor contributes to a large percent of the demand for human slaves within and across the

borders of most countries in Africa. Children are often the main victims in this particular trade as

they provide cheap labour and can be mistreated and overworked with little or no pay and would

be unable to fight for their rights.

Many countries within Eastern Africa are guilty of this particular form of exploitation

particularly within their borders, as children are often moved from the rural areas to urban cities

to provide domestic labour in the form or house helps or ayahs for children not that much older

than themselves. They often work more than eighty hours a week and are not given opportunities

to go to school or even take a break from these household chores.

In Ethiopia for instance, parents allow their children to be sent to the capital city Addis Ababa, in

the hopes that they shall get good jobs and have an opportunity to be educated, as that is what the

traffickers promise them. Instead these children are employed as weavers in the cottage industry

and are forced to work long hours, with little pay.

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It is estimated that between 20,000 and 25,000 Ethiopians work as domestic workers in Lebanon,

a significant number of whom have been trafficked (Pearson, E., 2003, p.4).

The amount that is their due is never agreed on at the point of origin and many get to know their

salary at the point of destination.

Sexual exploitation

The demand for women and girls in countries such as Europe and within the urban centres of a

country has led to an increase in the number of girls and women being trafficked for this

purpose; many are lured under the guise of helping them secure a better job.

Development and economic growth has played a key role in pushing up the demand for sexual

services as men with better jobs are now in a better position to pay for these services and at the

same time give a list of preferences such as age, ethnicity and race and virginity (Wennerholm,

2002, p.13), thus traffickers will seek younger girls and women who are least likely to have

HIV/AIDs and other STDs.

The growing tourism industry in the region has played a contributing factor by increasing the

demand for sexual services and in particular for young girls to offer these services. In Kenya, the

coastal towns of Mombasa and Malindi have seen an increase in the number of young girls who

are trafficked within the area to provide services to the European tourists. Recently it was

reported that tourists have been engaging these young girls in child pornography and selling the

films abroad.

In Ethiopia, young girls are trafficked to the capital and recruited to work in bars by, “balukas”

who are the recruiters who also function as facilitators of the prostitution by linking the victim to

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a user. The balukas may force them to have sex with more than one partner and often control

their pay (Endeshaw, Gebeyehu and Reta, p.52).

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Traditional practices

Practices such as early marriages have contributed a great deal in increasing the demand for

young girls, thus a high number are trafficked for this purpose. Young, school-age-school-going-

girls are sold off into early marriages at an age as young as eight, due to their “purity” (UNICEF

Innocenti Insight).

Practices such as, traditional medicine and witchcraft, has seen an increase in the number of

people being trafficked, particularly for their body organs. This type of trafficking normally

targets the minority groups in the village, such as albinos.

In recent months there has been an increase in the number of albinos being attacked, both in

Tanzania and Burundi, some victims are ferried across the border from Burundi to Tanzania,

where their organs are then removed for use in black magic.

Adoption

This particular factor tends to be a grey area as not much information is currently available on it.

Out of all the countries on the African continent only three Burundi, Mauritius and Burkina Faso

have signed the Hague Convention on Protection of Children and Co-operation in respect to

Intercountry Adoption (UNICEF Innocenti Insight).

In Ethiopia, babies, with live parents, are sold for to foreigners for peanuts, according to a 2004,

report, for as little as $6,700 a black Ethiopia child could be adopted as compared to a child from

Russia who may be adopted for $15,000.

These foreigners then leave the country with them and no proper record is kept of this as the

sales are often private and moderated by the trafficker.


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Conflict structures

Conflict generates two types of demands for children, an indirect one and a direct one. The direct

form of this demand relates to the use of children as child soldiers, for sexual services and

domestic functions while the indirect demand relates to poor families sending their children off

to be child soldiers in order to supplement the family’s income (UNICEF Innocenti Insight,

pg.8).

The trade: Human trafficking

There are three important players in this trade: - the Victims, the Traffickers and the Users.

The Victims

These are the vulnerable group who are taken advantage of by both the traffickers and the users.

They may be recruited either by initiating contact with a known trafficker in order to ‘help’ them

to escape a particular situation, mainly poverty or the trafficker may contact the victim’s family,

particularly if they are aware of their vulnerable situation.

The Traffickers

These are the middlemen who are responsible for facilitating the trade by providing a constant

stream of supply, that is, victims to the users and using debt-burden to ensure that demand does

not decrease.

Traffickers use coercion or kidnappings in order to traffic more victims.

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The Users

They are responsible for providing the demand for the victims and eventually exploiting the

vulnerable group of victims; they are the “engine in the machinery of exploitation” (UNICEF

Innocenti Insight, pg. 9).

This group may work individually or within an organised network in order to obtain cheap

labour, have access to easily manageable and underpaid workers by using child labour, and have

access to activities of an illegal nature, such as child prostitution and pornography or to fulfil a

scarce supply through adoption.

Facilitating contributors

Though the above named actors are the key players in this trade, there are a number of factors

within the countries of origin, transit and destination that enable this unlawful trade to go on

without any hindrances or obstacles barring their way.

These factors are referred to as facilitating contributors as they inadvertently play a direct role in

the ensuring that this trade has enabling environment to flourish; they may include the following

but are not limited to them: - corruption, weak governments and criminal justice systems, porous

borders and the fact that East Africans can travel freely across the borders of members states of

the EAC, that is, they do not need visas to travel into these countries.

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Countries affected within Eastern Africa

Most countries within Eastern Africa are affected by this illegal trade and many are culpable for

the suffering that these innocents go through; this paper shall to a large extent focus on Kenya,

Ethiopia and Tanzania.

These countries are used as either points of origin, transit or even destination.

Kenya

According to a report released by Womankind Kenya, 20 to 50 girls are trafficked from Northern

Kenya to Nairobi every week to work in brothels and onwards to other countries; they are made

to pay upfront in order to secure these “jobs”. They are falsely promised that they are going to be

resettled in America yet they are misused by the men in the vehicles on route.

According to Lucy Oriang, South Asian girls are trafficked into Kenya under the false promise

that they are going to work as dancers yet find themselves subjected to sexual slavery.

Towards the end of last year thirteen young girls, between the ages of 10 and 16 were rescued in

Mombasa after it emerged that they had been lured from Tanzania under the guise of jobs in

Kenya; their host abandoned them after realizing that their guise was cooked. These girls are the

few lucky ones as they were taken back home to Tanga.

According to the International Organization for Migration (IOM), 6000 to 9000 people are

annually trafficked through the Coast Province, a third of them being children. Mombasa is a

source, transit and destination point for human trafficking as young girls come from as far as

Uganda, DR Congo and Tanzania in the hopes of linking up with rich tourists but instead end up

as “sex slaves”.

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Ethiopia

Thousands of women and children are trafficked within and across the borders of this country.

Records show that between July 2001 and June 2002, there were 4,896 female labour migrants

(IOM, pg. 56); this number has rapidly increased as of November 2002, the estimate stood as at

between 25,000 and 35,000, in Lebanon alone, with 1,000 migrants arriving each month

(Endeshaw, Gebeyehu and Reta, p.57).

Reports currently show that 10,000 Ethiopian female migrants are engaged in prostitution in the

Gulf States.

The main countries of destination for trafficked women and children in the Middle East are the

Lebanon, United Arab Emirates, Saudi Arabia and Yemen. Within Africa, Ethiopian women and

children are trafficked to Sudan, Kenya, South Africa, Djibouti, Kenya and Egypt (Endeshaw,

Gebeyehu and Reta, p.71).

Tanzania

Tanzania is mainly used as a country of transit though it often serves as a country of origin, as

girls who are trafficked originate from there. As a transit country, there are two main routes used

to ferry human cargo according to the Tanzania’s Anti-Trafficking Unit: - The first route is

Shimoni in Mombasa to Pemba, Pangani in Tanzania then to Mozambique before going to South

Africa. The other route is Shimoni, Bagamoyo, Mtwara in Tanzania, Mozambique and finally to

South Africa1.

1
http://www.standardmedia.co.ke/InsidePage.php?id=1144030464&catid=459&a=1

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Impact of trafficking

Trafficking has diverse effects on the people who are most affected by this trade, mainly the

victims and their families: -

Health effects

Many of the trafficked victims are sexually exploited and do not have much choice in terms of

whether or not their users use protection as they do not have sufficient bargaining power. Thus,

many of these trafficked women and girls are exposed to HIV/AIDS and other Sexually

Transmitted Diseases and/ Infections (STDs/STIs).

Unwanted pregnancies may result in the procurement of unsafe abortions, which result in high

rates of maternal deaths or in some cases sterility. The long hours that some of them are forced to

work for, in addition to the backbreaking work that they do takes a toll on their health in the long

term, particularly those who are trafficked for use as cheap labour.

Psychological effects

Post Traumatic Stress Disorder (PTSD) and other disorders such as Dissociative identity

Disorder (DID) may be developed by the victims of trafficking as a result of what they go

through in the hands of their abusers.

Economic effects

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Children and women who are trafficked for use as cheap labour, often do not receive adequate

pay and do not have the bargaining power to negotiate for better pay or working conditions for

that matter.

They are unable to remit money to their families thus defeating the purpose their being in this

captivity; some are indebted to their traffickers and thus may have to work for years in order to

pay them back, essentially ensuring that they remain captives for years.

Legal effects

Trafficked victims often do not have proper documentation and as such are considered illegal

immigrants. They often face imprisonment or deportation back to their home countries without

having undergone counselling for their traumatic experience.

Social effects

Trafficked victims are normally transported to other countries that are far from home, where a

different language may be used and they have no idea how to communicate and as of such

perhaps seek help.

Children, who are born to trafficked victims, may be abandoned, placed in orphanages or

adopted (Wennerholm, 2002, p.14); this places a strain on the destination country’s resources.

Those manage to get back home may face stigma, particularly if they come back home whilst

sick.

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Policy and legislation

Tanzania and Uganda have signed the Palermo Protocol while Kenya and Ethiopia have not

slowing down the counter-trafficking efforts. These countries do not have laws that criminalize

human trafficking thus in effect enabling it to continue unabated.

International Organizations are the main players in counter-trafficking; organizations such as the

International Labour Organization (ILO), International Organization for Migration (IOM),

United Nations Office for Drugs and Crime (UNODC), United Nations High Commission for

Refugees (UNHCR), United Nations Interregional Crime and Research Institute (UNICRI),

United Nations Children’s Fund (UNICEF), International Committee of the Red Crescent

(ICRC) and International Federation of the Red Cross (IFRC) are actively involved in efforts to

counter human trafficking.

The UNODC has initiated the Blue Heart Campaign in order to raise awareness of human

trafficking across the globe.

The African Union has initiated a campaign to assist governments in counter-trafficking efforts

through its AU.COMMIT initiative.

The United Nations Global Initiative to Fight human Trafficking (UN.GIFT) was conceived to

promote the global fight on human trafficking, on the basis of international agreements reached

at the UN.

Recently in Kenya, the Federation of Women Lawyers (FIDA) has partnered with international

organizations to sensitize the public on the dangers of trafficking.

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Recommendations

Though much has been done in light of the laws that have been formulated, more needs to be

done to effectively curb this trade and ensure the protection of vulnerable groups.

Civic awareness campaigns should be increased; the “Kaa Chonjo” campaign that was initiated

by the International Organization for Migration (IOM) in order to sensitize the public on the

dangers of human trafficking. The governments of the concerned countries should work hand in

hand with these agencies to ensure that each citizen knows their rights and know how to go about

securing jobs through legal migration; the governments should encourage legal migration.

Stricter border control to ensure that borders are no longer porous thus enabling the trade to go

on unnoticed and unencumbered. Corruption has to be addressed in the countries, where border

officers are known to collude with traffickers in order to ensure that the human cargo is able to

get into the country with no hitch.

Tighter laws need to be formulated in order to prosecute those who are guilty of transporting the

victims, that is, the traffickers, those that aid them, such as border officers and the users, for

knowingly exploiting the victims of trafficking.

Ensure that when victims of trafficking are caught, they should be treated with the sensitivity that

they deserve after enduring the horror and trauma of abuse at the hands of their abusers. They

should be offered counselling and an opportunity to recuperate and heal.

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Conclusion

Human trafficking is not a region specific problem but a global one; one that needs to be given

the seriousness that it deserves due to the fact that it wreaks irreversible damage to its victims.

This issue needs to be made up from low politics to high politics in order for it to be properly

addressed.

Nations need to work together and cooperate in order to effectively tackle this illicit trade; there

is an urgent need for the formulation of strict laws to counter this trade and ensure that there is a

high level of compliance by setting steep penalties for countries of origin and transit.

Governments need to decentralize their countries and ensure equitable distribution of resources

so that people in the rural areas do not need to migrate to the urban areas in search of a better

life. Education centres should be set up in each part of the country in order to counter illiteracy

and thus reduce the chances of people being taken advantage of as they cannot read the fine

print. Practices such as early marriages that are detrimental to the development and education of

the girl child should be abolished.

Awareness is the key to combating this vice, if each individual was made aware of the dangers of

this trade then the numbers would significantly reduce.

Political stability within the Eastern Africa region is the crux, in order to ensure that women and

children are not forced to flee their homes and end up in the hands of those willing to take

advantage of them for their own profit.

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