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Trafficking Women: Gendered Impacts of Canadian. Immigration Policies. ]acqueline Oxman-Martinez. McGill Universi~. Andrea Martinez. Universitd d'Ottazva.
Trafficking Women: Gendered Impacts of Canadian Immigration Policies

]acqueline Oxman-Martinez McGill Universi~ Andrea Martinez Universitd d'Ottazva

Jill Hanley Universitd de Montrdal/McGilI University Women and men are subject to different forms of human trafficking; sexual exploitation is more common for women than for men, and the purposes of trafficking follow gender roles. This article ar,~,ntesthat Canadian immigration policies have differential and discriminatonj impacts according to gender. We define human trafficking before critiquing two Canadian immigration programs that leave women vulnerable to exploitation. Interviews, questionnaires, and a review of official documents were employed in exploring the govenmzent's response to this phenomenon. Our fndings suggest that given the nature of the intenzational trafficking and exploitation of women in Canada, the govenzment's focus on border control is ineffective in protecting trafficked women's human rights and the rights of migrants generally. Les femmes et les hommes font l'objet de trafic sous toutes sortes de formes mais on remarque que l'exploitation sexuelle est plus courante chez les femmes que chez les hommes et que les finalitds du trafic humain ont une forte connotation de genre. Cet article vise it montrer que les politiques d'immigration canadiennes ont des impacts d!(f~rentiels et discriminatoires selon le sexe. Nous y ddfinirons Ie trafc des ~tres humains avant de procdder h la critique de deux programmes qui rendent lesfemmes migrantes w~In&ables h l'exploitation. Des entrevues, des questionnaires et une recension des documents officiels ont dtd utilisds pour explorer la r/ponse du gouvenwment h ce phdnom~ne. Nos rdsultats indiquent qu'dtant donnde la nature du trafc intenlational et de l'exploitation des femmes au Canada, l'accent mis pat le gouvenwment fdd~raI sur le contr61e des fronti~res est insufffsant pour protdger les droits humains des femmes ainsi que les droits des immigrants en gdndral.

Key words /Mots-clefs: Human trafficking/Trafic des 6tres humains; immigration policy/ politiques d'immigration; women/femmes; gender/genre; Canada.

9 2001 by PCERII. All rights reserved./Tous droits r6serv6s. ISSN: 1488 3473 JIMI/RIMI Volume 2 N u m b e r / n u m 6 r o 3 (Summer/6t6 2001):297-313

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Introduction The trafficking of human beings is a serious problem in Canada, as it is in many other Western countries (Wichterich, 1999; Centre for International Crime Prevention, 1999). And although both women and men fall victim to this practice, they are subject to different forms of trafficking; sexual exploitation is a more common element of trafficking for women than for men and the purposes of trafficking follow gender roles (CaldweI1, Calster & Steinzor, 1997).This article argues that Canadian immigration policies have differential impacts according to gender by reviewing the findings of a recent study undertaken to explore the Canadian government's approach to the prevention and prosecution of trafficking as well as the protection of its victims (Oxman-Martinez & Martinez, 2000). Following a brief discussion of the definition and general nature of human trafficking, we describe and critique two Canadian immigration programs that leave women vulnerable to exploitation. Hoping to overcome the fragmented and anecdotal nature of most information on human trafficking in Canada, 1we used interviews, questionnaires, official documents, and a review of the literature to explore the government's response to this phenomenon. Our findings suggest that given the nature of international trafficking and exploitation of women in Canada, the government's focus on border control is ineffective in protecting trafficked women's human rights and the rights of migrants generally. The analysis of the gendered impact of two Canadian immigration policies on the traffic of women--rather than the form of trafficking which entails smuggling--forms the core of this article.

Methodology This article builds on the results of our recent study (documenting the Canadian government's policy and practice in relation to human trafficking) to discuss the distinct gender implications of immigration and border control policies for trafficked women. The initial empirical investigation for this study was conducted in three stages: analysis of primary federal and law enforcement policy documents;: interviews with senior government officials and a representative of a national coalition of refugee rights organizations; 3 and a round table on the topic of human traffickir~g convened by Status of Women Canada3The research conducted by fellow participants in the Global Challenges and Opportunities 298

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Network (GCON) Working Group (Philippine Women Centre of BC, 2000; McDonald, Moore & Timoshkina, 2000; Langevin & Belleau, 2000) has supplemented our own findings and is referred to throughout the article.

What is Human Trafficking? Until very recently an internationally accepted definition of h u m a n trafficking did not exist, and developing a common definition has proven difficult and controversial. The operational definition adopted by national and international officials will have wide-reaching implications for the approaches used to combat human trafficking. In Canada the Department of Foreign Affairs and International Trade (DFAIT) was mandated to participate in the negotiation of the United Nations "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children". 5 Finally adopted by the UN with Canada as a signatory in December 2000, the Protocol has the following working definition: Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by the threat or use of force, by abduction, fraud, deception, coercion or the abuse of power or by the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of... sexual exploitation, forced labour or services, slave D' or practices similar to slavery. (Ad Hoc Committee for the Elaboration of a Convention against Transnational Organized Crime, 2000) Although the above definition is a step forward in understanding the nature of human trafficking--emphasizing how the practice violates basic h u m a n rights and freedoms--we would like to argue for some further specifications in defining human trafficking. Most importantly we contend that the issue of "consent" should be removed as a defining feature of human trafficking. Our interview informants reported that initial consent on the part of migrant women is often used by immigration and law enforcement officials to differentiate between cases of smuggling versus trafficking. As we argue in this article, many individuals consent either to be smuggled across borders ~ or to come to Canada under legal immigration programs unaware that their freedom would be restricted on entry to Canada. Women who come to Canada as mail-order brides (fianc6e

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visa), as domestic workers (live-in caregiver visa), or as "entertainers" (visitor or temporary work visas), for example, often consent to migrate and only realize that they are caught in a trap of exploitation on arrival (Andrew & Milroy, 1991). Finally, in situations where individuals "choose" to be trafficked due to economic, political, or family pressures, we argue that this does not lessen the importance of the violation of their human rights. In removing the criterion of consent it becomes necessary to underline the substantive difference between smuggling and trafficking. Smuggling is an activity that helps international migrants enter countries illegally in exchange for often exorbitant fees. On arrival in their country of destination, however, smuggled individuals enjoy relative freedom. 7 Despite most illegal migrants being economically disadvantaged, there is also a small population of relatively wealthy individuals who must use the services of smugglers to escape politically or otherwise oppressive regimes. Because smuggling is sometimes the only viable option of migration for legitimate refugees (Fekete & Webber, 1997), it is likely that as long as western countries have restrictive and discriminatory immigration policies, human smuggling will remain an appealing option to individuals without access to legal migration channels. Trafficking, however--although often involving being smuggled across borders-may just as often occur under the guise of legal immigration. These immigration loopholes, the focus of this article, tend to be overlooked by Canadian government agencies that deal mostly with smuggling rather than trafficking per se. Finally, for the purposes of this article, written in the Canadian context, we concern ourselves with the movement of trafficked individuals across international borders. Although displacement of people within countries for slavery, forced labour or exploitation are without a doubt serious issues (International Organisation for Migration (IOM), 1999; Coalition to Abolish Slavery and Trafficking, 1999b), we emphasize the connection of the trafficking of women in particular to the globalization of trade, growing North-South inequalities, and Canadian immigration policies.

Globalization and the Trafficking of Women The trafficking of women must be understood as a phenomenon of globalization, reinforced by an ongoing racialized/gendered bordering of third-world migrants (Thobani, 1999). It occurs in the context of a

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restructuring of the economic order, driven by relentless capital expansion in search of profitable opportunities. This is facilitated by a set of macroeconomic reforms promoted by the International Monetary Fund (IMF) and the World Bank, despite growing evidence that globalization contributes to the erosion of public institutions, and to the pauperization of large segments of populations, particularly in rural regions (Chossudovsky, 1998). As trade and communication across international boundaries increase in frequency and ease, so too does the impetus for international migration. Unfortunately, however, only a small elite of the world's population shares the ease of transnational movement accorded to natural resources and manufactured goods. For many the negative effects of globalization on the local economy create a need to migrate, but legal channels are dosed to them, whether due to legal or sociocultural constraints in source countries or to restrictive immigration policies in destination countries (IOM, 20(30a; McDonald et al., 200(3; Koser, 2000). Apart from economic globalization itself, the various fhctors that contribute to the scale of the trafficking of w o m e n include: the feminization of poverty encouraged by the IMF's Structural Adjustment Policies (UNIFEM, 2000); the lack of legal frameworks that prohibit trafficking and/or the non-enforcement of those that do exist (Tenth UN Congress, 2000); armed conflict; and even the complicity of some governments, particularly in economically poor countries, with organized crime (Coalition to Abolish Slavery and Trafficking, 1999a). Finally, communication technolo~es are contributing to the expansion of sex tourism, turning some developing countries into "body fairs" (Hughes, 1999; Wichterich, 1999). Two critical conditions underlying the expansion of human trafficking and the traffic of women in particular are the growing inequalities between North and South and an increasingly well-organized transnational crime network (Coalition to Abolish Slavery and Trafficking, 199%; Fekete & Webber, 1997; Kattoulas, 2000; Schloenhardt, 1999). The workings of international markets are an integral part of the phenomenon of the trafficking of women, a dynamic confirmed in the interviews conducted for this study. As international trade has increased, so too has North-South inequality (UNDE 1998; Kramer & Johnson, 1996). The effects of these economic changes in poor countries-agribusiness, the weakening of local economies and governments--are often gendered. Women are sought as low-paid and supposedly more easily controlled workers in the export-oriented economies of the South (Wichterich, 1999). Control over women is made easier with the delocalization of industrial production from rich cour~tries toward new Revue de

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economic poles that use cheap labour (Mexico, South East Asia, China, and East Europe) and the resulting vulnerability of the work force. A case in point is the situation of the Yucatan maquilIadoras(transnational manufacturers that produce for the export market, located in a new generation of tax-free enclaves), where the proportion of women fell from 68% of the workforce in 1996 to 58% in 1999 (Labrecque, 2001). The marginalization of the female work force, which is also observed on a global scale (Sklair, 1995), pushes displaced women back to the home or toward subcontracting sweatshops (sub-maquilladoras) where the average daily wage is $3, union protection does not exist, and social coverage is minimal or absent. This institutionalized exploitation of women is deeply rooted in a reductive notion of gender that relegates women to the margins of citizenship. Significant in the process that leads to the sexual division of labour is the "natural reproductive difference between the sexes," which, based on biological differences, provides ideological support for women's subordination (Thornham, 1999). Yet this patriarchal ideology is replicated by the state's promotion of the virtues of a flexible, docile, and adaptable workforce (Labrecque, 2001). Along with other forms of female o p p r e s s i o n (political underrepresentation, racial or ethnic discrimination, domestic violence, misogynistic traditions), the undervaluing of w o m e n ' s economic contribution influences many to cross international frontiers. More often, however, "migration is not a door opening to a better life. Migration simply signifies another mechanism of subordination and control" (Macklin, 1999, p. 25). In fact the trafficking of women to developed countries is one more disturbing example of how the supply and demand for female labour has been harnessed on a global scale (IOM, 2000b). Given the nature of many western countries' immigration policies (with their focus on formal education and capital, (Ghosh, 1998), independent legal international migration is not an option for most women. Women who are faced with a lack of economic opportunities at home and limited migration options are more vulnerable to trafficking. As hooks (Chun, 1996) writes: When race and ethnicity become commodified as resources for pleasure, the culture of specific groups, as well as the bodies of individuals, can be seen as constituting an alternative playground where members of dominating races, genders, sexual practices affirm their power--over intimate relations with the Other (p. 1208).

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The Trafficking of Women in Canada Currently the evidence available on trafficking of women in Canada is not strong enough to support a definitive, empirically based body of knowledge on the phenomenon. Researchers are just beginning to scratch the surface of this important topic (Consulting and Audit Canada, 2000). In this section we present the limited available information on human trafficking in Canada and the trafficking of women in particular, including the information gathered in our interviews. Information about trafficking victims in Canada, when available to researchers, remains fragmentary. Law enforcement agencies do, however, gather intelligence on trafficking activities, but much of this information remains classified. The information that is available describes the characteristics of those irregular migrants who are intercepted at Canadian borders. ~ Caution must be used, however, in relying on information about "illegal-migrants" to define the phenomenon of human trafficking. The illegal-migrants category includes, for example, individuals who were illegally smuggled across the border but who are not trafficked (i.e., they would have been free upon arrival). As well, this category excludes individuals, most often women, who are trafficked but who enter the country on legal immigration visas. The Royal Canadian Mounted Police (RCMP) is similarly unable to sketch a profile of traffickers, and the information collected in our interviews and through our questionnaires was scarcely more revealing. Although some accounts suggest that traffickers are usually male, middleclass, middle-aged Canadian citizens of foreign origin, no particular features distinguish them. Citizenship and Immigration Canada (CIC) and the RCMP are, however, able to trace the country of origin, sex, age, and ethnic origin of illegal migrants to Canada. Statistics from CIC's Support System for Intelligence database offer descriptive information about the patterns of irregular migration. For example, China has been the country of origin of most irregular migrants to Canada in recent years. In 1999, 1,090 refugee claimants of Chinese origin arrived in Canada by air, compared with between 150 and 400 claimants who arrived from each of the following countries: Pakistan, Iran, India, Albania, Sri Lanka, Nigeria, Iraq, Afghanistan, and Algeria. Last year information gathered on illegal arrivals showed that 4,638 people from 78 countries arrived by air, that 771 people from 29 countries arrived by boat, and that 9,407 people from 110 countries arrived by land. Of these people, 78 had no citizenship and five arrived from unknown countries. Revue de l'integration et de la migration internationale

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Our interview informants indicated that most illegal migrants intercepted by authorities are poor young men (aged 21-25). It is believed that the favoured targets of traffickers are girls and young women aged 16 to 22, but little or no systematic information has been collected about them in Canada. Trafficked women and girls are concentrated in Canada's major cities, working in sweatshops and the sex trade, as domestic workers and as unwilling brides. Although some of these victims, particularly minor-aged girls, are smuggled into the country, many arrive through the legal immigration channels that tie women's status in Canada to their relationship with either an employer or a husband/fiancd. Gender plays a role in the form of exploitation that trafficking entails. Although it is clear that men outnumber women among those irregular migrants intercepted at the border, women far outnumber men in their use of the Live-In Caregiver (LCP) and Fiancde's Visa programs (CIC, 2000a, 2000b). Most women who arrive via these immigration programs are not victims of trafficking, yet these policies nonetheless provide a framework that can be used as a cover for the trafficking of women. The LCP and Fianc6e Visa's linking of migrant women's immigration status to a male sponsor or employer places them at particular risk for exploitation (Langevin & Belleau, 2000; C6t6, K6risit & C6t6, 2001). The combination of social isolation, lack of knowledge of their rights, and a dependent immigration status means that for women who are actually trafficked under these programs, there are few options of escape that avoid deportation.

Canadian Immigration Programs that Leave Women Vulnerable to Trafficking While the demand--and the need--for migration continues to mount, Canadian immigration law is being tightened, a trend that can be documented across OECD countries (Ghosh, 1998; Thobani, 2001). In fact the issue of immigration legislation is currently being hotly debated in Canada among Parliamentarians and a m o n g civil society organizations. Two immigration programs in particular leave women vulnerable to trafficking: the Live-In Caregiver Program (LCP) and the Fianc6e's Visa. For trafficked women arriving with such legal immigration documents, their exploitation generally begins after they enter the country. Traffickers recover their papers (passports, visas, and/or employment authorizations) and exploit the victims' labour for their own profit. Trapped in this way, 304

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these women live in fear of being arrested by the police2 The result is a cycle of threats and abuse of all kinds: working for less than minimum wage, forced debt, and violence. In the absence of other legal channels for migration, however, support continues for these two immigration routes. In our study, government representatives defended maintenance of the LCP and Fianc6e's Visa, arguing that it allows women to come to Canada, have access to work opportunities, and even send m o n e y to their families back in their countries of origin: a significant benefit when we know that in some countries, such as the Philippines, remittances make up a significant proportion of domestic income (San Juan, 1998). We would argue, however, that the benefits accorded to these programs could be obtained t h r o u g h less restrictive immigration programs. Although the details of the LCP and Fianc6e programs differ, they share the characteristic of tying women's immigration status in Canada to their usually male employers or sponsoring fianc6s. Not all w o m e n w h o use these i m m i g r a t i o n p r o g r a m s end up in grossly exploitative situations, but the requirements of the programs are such that if women do find themselves in exploitative situations, their options are either to be returned to their country of origin--not a viable option for many migrant women~~ tolerate the abuse.

The Live-hz CaregiverProgram The objective of the Live-in Caregiver Program (LCP) is to "bring workers to Canada to do live-in work as caregivers when there are not enough Canadians to fill the available positions. A live-in caregiver is someone who provides care to children, the elderly or the disabled in a private household" (CIC, 1999). The program is set up so that if women migrate to Canada and complete 24 m o n t h s of live-in caregiver work in a government-approved employer's home within a three-year period, they have the right to apply from within Canada to become p e r m a n e n t residents3 ~Because they have already prover their ability to work and live in Canada, live-in caregivers' applications are almost automatically approved. For migrant women this eventual acceptance as a permanent resident constitutes the main appeal of the LCE Because the educational and capital requirements of our current immigration laws do not permit most women to enter the country as independent immigrants, the LCP is one of the few options legally open to women without capital or skills recognized as economically beneficial to Canada.

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The LCP has many disadvantages compared with immigrating to Canada as a permanent resident. An LCP work visa confers temporary status in Canada and requires migrant workers, 79% of whom are women (CIC, 2000b), to work exclusively for the employer whose name appears on the work visa. This connection between immigration status and employer creates conditions for exploitation, as does the requirement that caregivers live in the employer's home. 12The social isolation entailed by such a scenario makes it very difficult for live-in caregivers to defend their rights even if they are aware of them. Another problem is that the LCP squanders the skills of highly educated immigrant women, recruiting women knowing that their professional training will not be recognized in Canada (Langevin & Belleau, 2000; Philippine Women Centre of BC, 2001). Meanwhile, Canadian women generally refuse to perform this type of work. As is stated in CIC documents, "The Live-In Caregiver Program exists only because there is a shortage of Canadians to fill the need for live-in care work. There is no shortage of Canadian workers available for caregiving positions where there is no live-in requirement" (CIC, 1999, p.2). A serious moral question thus presents itself: Why must we impose the live-in and employer-specific conditions on migrant women caregivers? A probable answer is that Canadian women will not accept the exploitive arrangement and low pay. For LCP female workers from developing countries, these difficult conditions are tolerated as their only chance to migrate for a better life. In the past year a groundswell of popular opposition to the LCP has arisen in Canada, crystallizing around the case of Melca Salvador, a Filipina who came to Canada under the LCP. An examination of Salvador's case illustrates the exploitation commonly faced by LCP workers. When she arrived, Salvador discovered she was pregnant and was promptly fired from her job. Although it is illegal in Canada to fire a woman for becoming pregnant and LCP workers have in theory the same rights as other Canadian workers (CIC, 1999), Salvador was unable to defend her right to work. The subsequent bureaucratic delays in getting a new Work Authorization visa for a different employer (not to mention the difficulty of working for a lone parent with a newborn) resulted in Salvador being unable to complete 24 months of live-in caregiving work within three years. In response, the Canadian government issued a deportation order to Salvador giving her the option of leaving her son (a Canadian citizen by birth) in Canada w h e n she r e t u r n e d to the Philippines. Various women's organizations--including PINAY13 and 306

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GABRIELA~4--1ed a seven-month campaign that successfully fought Salvador's deportation. 15 Fiancde's Visa

Canadian citizens and permanent residents are permitted to sponsor close relatives for immigration to CanadaY' Under this program the Canadian citizen or permanent resident undertakes to provide financially for all the basic needs of the sponsored relative. For a period of 10 years (or 3 years for a spouse), the sponsored family members are not eligible for welfare benefits except at the expense of debt accumulation for the sponsor. Nevertheless, sponsored relatives are given regular permanent residency status. Despite these relative legal safeguards for sponsored relatives, however, the sponsorship of wives in particular has proven problematic in terms of equality rights and vulnerability to abuse (Thobani, 1999). C6t6, et al., for example, report that their recent study, revealed that the sponsorship regime has a discriminatory effect on immigrant women who are sponsored by their husbands in that it exacerbates their unequal status within the marriage, diminishes their dignity and degree of independence, aggravates existing socioeconomic disadvantages and violates their most basic human rights

(p. 5). Women who immigrate under the Fianc6e Visa program find themselves in an even more precarious position. Unlike the sponsorship of all other family members, sponsored fianc6(e)s--81% of whom are women (CIC, 2000a)--enter Canada on a conditional basis. Immigration policy stipulates that: The fiancd(e) must prove to the visa officer that the person is free to marry, that he or she is above the minimum age to be married in Canada and that marriage is not solely for the p u r p o s e of immigration. He or she is given permanent resident status on the understanding that the marriage will take place within 90 days of arrival. (CIC, 1997) If a woman is unable to provide proof of marriage within 90 days of arrival, her status in Canada becomes illegal and she could be deported. In some cases, such as that of most mail-order brides, the women arriving on fianc6e visas do not know their prospective husbands. If the sponsored Revue de I'integration et de la migration internationale

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woman discovers that the man is exploitive or abusive, she is nonetheless under pressure to marry him if she wishes to stay in Canada. A recent study on Filipina mail-order brides describes the difficult socioeconomic position of women who enter into such arrangements: Their desire to escape the poverty in the Philippines pushes them to accept a mail-order marriage. As women from developing countries, who have been commodified and bought by their Canadian husbands, they are already in a marginalised position on arrival in Canada where their vulnerability and underdevelopment deepens. Many are trapped in traditional and patriarchal roles within the family... Many also experience forms of abuse - economic, emotional and physical. (Philippine Women Centre of BC, 2000, p. vii) Once the women are married and have obtained permanent resident status, they are legally free to separate from their husbands without it affecting their immigration status. Again, however, because many of these women are socially isolated and unaware of their rights, many believe they will be forced to leave the country if they leave their husbands. Another problem mentioned in the course of our study was that of men who consecutively marry or sponsor several fianc~es, but who ultimately send their spouses or fianc~es back to their countries of origin. Such serial marriage sponsorship can bear a striking resemblance to sexual procurement, placing women who are often mail-order brides in a highly insecure position. The Montreal Police, for example, estimate that 10,000 to 12,000 Sri Lankan and Cambodian women have been forced into marriage in Toronto and Montreal alone. The problems for women inherent in these immigration programs have not escaped the criticism of members of Canadian civil society. At a recent roundtable discussion on the topic of trafficking (Oxman-Martinez & Martinez, 2000), several NGO representatives and researchers called for the Live-In Caregiver Program (LCP) and the Fianc6 Visa system to be replaced with immigration programs that grant visas to women as independent workers. Such a change, they believed, would have the effect of allowing w o m e n to enter and work in Canada legally and independently, thereby reducing the opportunities for traffickers to abuse immigration policies.

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Conclusion: Reflections and Recommendations

In this article, we draw connections between globalization and the trafficking of women, placing the practice within a broader worldwide system of supply and demand for human labour. Through trafficking, human beings are being traded in the global marketplace for the profit of transnational organized crime. As the governments of destination countries take steps to combat the trafficking of human beings, however, they often choose strategies that focus on protecting borders rather than protecting people (Thobani, 2001). In the case of Canada, this limited approach has the potential to threaten the security and human rights of both refugees (Oxman-Martinez, Martinez & Hanley, 2001) and women victims of trafficking. We outline how two of Canada's immigration programs, the Live-In Caregiver Program and the Fiancee Visa, have disproportionately negative impacts on women and are based on the social construction of women's dependency. These programs are designed such that they enforce women's reliance on others in order to preserve their immigration status. Because female migrants who are victimized under these programs enter legally, a border-focused approach fails to protect them. International crises, globalization, economic disparities, war, civil conflict, and the feminization of poverty are all factors that contribute to international migration (Ghosh, 1998). For the average migrant, however, the high educational and investment standards of western immigration policies create barriers to the free international movement of populations that seek improved socioeconomic conditions. The search for employment remains a powerful incentive to illegal migration, even at the risk of one's life and freedom. Women suffer disproportionately from the negative effects of a changing international political economy (Wichterich, 1999) and are therefore sometimes forced to consider migration. Sociocultural and structural factors leave w o m e n without the educational and capital attributes sought by western immigration policies, making them reliant on men for access to legal migration. Countries such as Canada could avoid the pitfalls of sexist immigration policies by promoting the entry of women as independent workers, recognizing the value of the caregiving work more often done by women. Immigration programs with more flexible criteria for female workers would help lighten the burden of poor women while offering options other than trafficking.

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In view of Canada's genuine need for caregivers (CIC, 1999), this type of employment should be added to the list of occupations for independent immigrants. Caregiving workers should be admitted as permanent residents, recognizing Canada's need for their labour. Recognizing caregivers as valuable workers through the independent immigrant program would render the restrictive Live-In Caregiver Program obsolete. As for fianc6e visas, we recommend that mail-in introduction agencies (including those on the Internet) be regulated and that the minimum age for marriage be raised from 16 to 18 years. If a couple does not marry within 90 days due to exploitation or abuse, we also recommend that the woman not be deported to her country of origin but instead be able to apply as an independent class immigrant from within Canada. It is also essential that preventive rights education campaigns be undertaken with special care to reach the women who are potentially affected by human trafficking in their countries of origin. Steps toward this end have already been taken by the Canadian International Development Agency (CIDA), particularly in South Asia. Human trafficking is a critical issue of human rights and human dignity, and it is also an issue that has a differential impact according to gender. Destination countries must take this into consideration when planning their strategies to combat human trafficking, ensuring that they not overlook the modes of trafficking suffered by women. Acknowledgement We received funding for our preliminary study (Oxman-Martinez & Martinez, 2000) from the Status of Women Canada's Policy Research Fund, the Solicitor General of Canada, Citizenship and Immigration Canada, the Canadian International Development Agency and Justice Canada. However, we accept full responsibility for the opinions expressed in this article.

Notes Earlier researchers noted that: "Information on trafficking.., at the federal level in Canada is very limited" (Consulting and Audit Canada, 2000). Government and NGO research reports, and policy and public information documents were consulted. Between November 1999 and April 2000, 17 interviews were conducted with federal government, law enforcement, and NGO representatives, and four key individuals living outside of the Ottawa and Montr6al areas completed detailed questionnaires. Informants represented the Canadian Council of Refugees, Canadian International Development Agency, Citizenship and Immigration Canada, Department of Foreign Affairs and International Trade, Royal Canadian Mounted Police, Service policier de la communaut6 urbaine de Montr6al, Status of Women Canada, and Toronto Police. 310

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4

The roundtable was attended by government officials, NGO representatives, and independent researchers, Participants' presentations and discussions were carefully transcribed and analysed. 5 This protocol supplements the UN Convention against Transnational Organized Crime. 6 According to a study of the impact of organized crime in Canada, for example, between 8,000 to 16,000 people are smuggled into Canada each year (Porteous, 1998). 7 Of course, debts to smugglers and their illegal status (if they do not claim refugee status or eventually apply for permanent residency) in the host countries may limit their freedom. 8 Currently no information is available to determine the exact proportion of irregular migrants who enter Canada without being intercepted by authorities versus those who are. 9 This tear may or may not be flmnded. For those whose .papers were obtained under false pretences (e.g, visitor visa for someone who intended to work), deportation is areaI possibility (Thobani, 2001). For women whose papers were legally acquired (eg., a livein caregiver whose employer turned out to be exptoitative) the police would be more likely to help them than work against them. If they do not know what their rights are, however, they continue to fear arrest. 10 There are many reasons why returning home is not a viable option for many mGrant women, among them: conditions of poverb, and lack of opportunities in the country of origin; shame for having "failed" in the host country, often meaning a loss of critical income for the family at home; if trafficking victims were sold by their families, then psychological and cultural barriers can make reintegration tu the family impossible; and women involved in the sex trade may be shunned by their home communities. Sociocultural, economic and religious factors all come into play. 11 Other prerequisites to acceptance to the LCP are: a minimum of high school education; six mtmths full-time training in a field related to caregiving (early childhood education, teaching, nLirsing, geriatrics, etc.) or one year fuIl-time employment in this field; and abi[i W to speak and understand either English or French (CIC, 1999). 12 Overtime without compensatk~n or choice, removal of immigration and other personal documents, stressful working conditions, social isolation and verbal abuse are some of the retest common forms of abuse suffered by live-in earegivers. Cases of physical and sexual abuse have also been reported (Langevin & Belleau, 2000; Philippine Women Centre of BC, 2000). 13 The Qu6bec Filipina women's organization for which Salvador has served as vice-president. 14 An international organization that defends the rights of migrant workers, especially those from the Philippines. 15 The Melca Salvador campaign has received wide community and union support for its goal to supplant the LCP with immigration policies that recognize caregiving as a legitimate occupation for independent immigration. For more information on the campaign, please visit their web site: http://page.infinit.net/ugay/melcah.htm 16 Only immediate family members are admissible t~ this progTam: spouse, finned(e), dependent children, parents, grandparents, and other relatives if proof of dependency upon the sponsor can be pr~wen

References Ad Hoc Committee for the Elaboration of a Convention against Transnationai Organised Crime. (2000). Protocol to prevent, suppress mzd punish tret~'cking in persons, especially women and

children: Supplementing tile United Nations Convention against transnational or~anised crime. Vienna: United Nations.

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