understanding human trafficking

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UNDERSTANDING HUMAN TRAFFICKING Levels of Familiarity for Non-Governmental Organization Purposes

JADE KOSCHE

PHNOM PENH – JULY 2017 Chab Dai Global Learning Community

ABSTRACT This manual provides a foundation of knowledge for those interested in expanding their familiarity with human trafficking and the anti-trafficking movement. The manual is specifically directed toward individuals involved in non-governmental organizations (NGOs). It is divided into three main sections, tailored to entry level, intermediate, and advanced NGO workers. At the entry level, the definitions of key terms like human trafficking, exploitation, and modern slavery are explored and distinguished from each other. The methods and ends of human trafficking are further differentiated, as the ways traffickees are initially taken into trafficking and the exploitative ends for which they are used thereafter, respectively. Then, human trafficking is subdivided into labor and sex trafficking, then defined and explored; and so are the other lesser-acknowledged types of human trafficking that do not fit neatly into the previous two categories. The intermediate level focuses on the supply and demand aspects of human trafficking – what drives and compels both exploiters and future victims to fall into their corresponding roles. Five factors (poverty, gender/age bias, migrant statuses and statelessness, refugee status/war situations, and religious minority associations) are examined as indicators of susceptibility to human trafficking. Furthermore, prostitution and pornography are analyzed for their connection with human trafficking and potential sex work legalization options are explained. At the advanced level, the manual delves into the question of why the practices of trafficking and modern slavery are not yet eradicated, despite the many NGOs and stakeholders working tirelessly to combat it. The current issues of quality research, collaboration, public understanding, and legal implementation are taken in turn to help answer this question with perspective and context.

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TABLE OF CONTENTS

PREFACE ..........................................................................................................................................v. INTRODUCTION .................................................................................................................................1 THREE LEVELS OF UNDERSTANDING REGARDING HUMAN TRAFFICKING FOR NGO WORKERS .......1

TIER 1: ENTRY LEVEL UNDERSTANDING ......................................................................................2 Starting with Definitions and Preliminaries .....................................................................................2 The Problem of Human Trafficking in the Modern World..............................................................8 Trafficking is More Statistically and Economically Solvable Now Than Ever Before ...................8 The Methods and Ends of Human Trafficking ..............................................................................10 The Methods of Trafficking ...............................................................................................10 The Ends of Trafficking .....................................................................................................12 Various Types of Labor Trafficking .............................................................................................12 Various Industries ..............................................................................................................13 Other Industries and Types of Labor .................................................................................16 Sex Trafficking/Forced Prostitution/Sexual Slavery .....................................................................17 Human Trafficking Outside of Labor and Sex Trafficking ...........................................................22

TIER 2: INTERMEDIATE UNDERSTANDING ...................................................................................27 UNDERSTANDING THE SUPPLY AND DEMAND .................................................................................27 DEMAND .........................................................................................................................................28 Labor Trafficking ...............................................................................................................28 Sex Trafficking ...................................................................................................................28 The Buyers or Johns of Commercialized Sex Work: Three Main Types ......................................29 Another Type of John: The Pedophile ...........................................................................................30 The Desire to Quit and the Support Needed to Do So ..................................................................30 Contributors to Demand (Other than Johns) .................................................................................31 Exploiters ...........................................................................................................................31 iii.

States ..................................................................................................................................33 Culture................................................................................................................................34 SUPPLY: PUSH AND PULL FACTORS ................................................................................................36 Why is Vulnerability a Characteristic of Certain Places and People? ..........................................36 Poverty ...............................................................................................................................36 Gender/Age Bias ................................................................................................................37 Migrant Statuses and Statelessness ....................................................................................37 Refugee Status/War Situations ..........................................................................................38 Religious Minority Associations........................................................................................39 How Prostitution, Pornography, and Human Trafficking Entwine ...............................................40 Is Legalization of Prostitution a Solution? ....................................................................................40 Pro-Legalization (Abolitionist) .........................................................................................41 Anti-Legalization (Liberal Choice) ...................................................................................41 Third Way ..........................................................................................................................42

TIER 3: ADVANCED UNDERSTANDING ..........................................................................................45 Why Isn’t Trafficking Eradicated Already? .................................................................................45 The Importance of Quality Research ............................................................................................45 The Importance of Research for Approach ........................................................................45 The Importance of Research for Statistics .........................................................................46 Methods of Research: From the Desk and the Field ......................................................................46 Crucial Collaboration: Widening the Scope ..................................................................................47 NGO to NGO Collaboration ..............................................................................................47 NGO to Government Collaboration ...................................................................................49 The Importance of Educating the Public .......................................................................................49 The Importance of Implementing Anti-Trafficking Laws .............................................................50 Recommendations for Implementation ..........................................................................................54 CONCLUSION...................................................................................................................................56

iv.

PREFACE

My hope in constructing this manual is to make an easy-access overview of human trafficking issues. It most certainly presents more problems than solutions and more questions than answers, but such is life with time and page constraints. I have listed many resources and documents for further reading in the footnotes and at the end of each section. These papers and books are better suited to solving the problems and the answering questions raised herein. As per the Table of Contents, one may also flip to whichever section one desires, as the sections are as discrete as I could possibly make them. However, due to the inherent accumulative nature of the topic, I do advise all readers (even entry level) to acquaint themselves with the other two sections, so as to facilitate better professional practices. My thanks go to the knowledgeable staff at Chab Dai, particularly Shermaine Singh, Joseph Arnhold, Charlie Smith-Brake, and James Havey, for their help in research, resources, and general guidance. I admire their dedication to the anti-trafficking movement. My sincerest wish is that the reader will find this manual to be sufficiently compact to be convenient, but also comprehensive enough to be conducive to greater NGO awareness.

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INTRODUCTION To shed light on something is an idiom that signifies clarification. Where there is little to no light, one cannot see what lies ahead. Where there is adequate light, one can see what lies ahead, as well as prepare oneself for encountering such a thing. Metaphorically, light is understanding and that something to be understood is human trafficking. Indeed, many are yet unaware of its existence – essentially, being in utter darkness. Lack of understanding, at any level, is no way to combat a serious worldwide issue that affects millions. As such, this manual exposes crucial knowledge and central issues regarding human trafficking, so as to shed some light on the problems, their nexus with other problems, and allow for greater understanding. By learning more about various facets of human trafficking, one may make more informed decisions, thereby improving one’s usefulness in his or her NGO and the greater anti-trafficking movement.

THREE LEVELS OF UNDERSTANDING REGARDING HUMAN TRAFFICKING FOR NGO WORKERS For the sake of simplicity, this manual is split into three parts, corresponding to three basic levels within an anti-trafficking NGO. The first is Entry, the second is Intermediate, and the third is Advanced. One may imagine himself or herself as a temporary volunteer or an intern. He or she would be at the Entry Level. Someone who is an invested volunteer or staff member of an NGO would be at the Intermediate Level. Thirdly, the person who is devoted as a long-term staff member may be considered someone in the Advanced Level.

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TIER 1: ENTRY LEVEL UNDERSTANDING Starting with Definitions and Preliminaries Defining Human Trafficking A simple way to think of human trafficking (trafficking in persons) is as the recruitment, transportation, transfer, harboring, or receipt of people by means of force or deception for the purpose of controlled exploitation.12 More specifically, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (hereinafter Palermo Protocol), one of the three “Palermo Protocols” adopted by the United Nations in 2000, provides one of the most standard and legallyaccepted definitions of human trafficking today. Article 3 of the Protocol says,3 (a) “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a 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; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 9. 1

2

Kevin Bales, Understanding Global Slavery: A Reader (2005). 212. At 155.

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The Definition of Trafficking: The Palermo Protocol. 2005. ECPAT UK. http://new.ecpat.org.uk/content/definition-trafficking 2

(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article; (d) “Child” shall mean any person under eighteen years of age. According to the Palermo Protocol, human trafficking breaks down into three elements: 1.

The act

What is done

2.

The means

How it is done

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Recruitment Transportation Transfer Harboring, or Receipt of persons

Threat or use of force or other forms of coercion -

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of abduction of fraud of deception of the abuse of power or of a position of vulnerability of the giving or receiving of payments or benefits

. . . to achieve the consent of a person having control over another person. 3.

The purpose

Why it is done

For the purpose of exploitation. . . Exploitation shall include, at a minimum, the -

-

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exploitation of the prostitution of others or other forms of sexual exploitation

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forced labor or services slavery or practices similar to slavery servitude or the removal of organs

It is noteworthy that the Palermo Protocol does not require the purpose or end of the trafficking to have been achieved. Thus, if a person is rescued or has escaped before exploitation is consummated, the prima facie case of trafficking still exists.4 The Palermo Protocol establishes children as a special case for whom only two components are required – movement and exploitation. This is due to the fact that a child is legally incapable of consenting to exploitation, even if he or she is aware and/or agreeable to being transported. While other definitions of human trafficking exist, this is the most commonly accepted and widely used significance of the term. Some definitions of human trafficking do not require the transportation of the victim from one location to another.56 Defining Exploitation Generally, exploitation is a situation where one person labors for another under harsh and unhealthy conditions for typically very poor rates of pay or none at all.7 The main characteristic of such a situation is that the exploiter benefits unfairly from the efforts or labor of the exploited.

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It is also worth mentioning that the Palermo Protocol distinguishes trafficking from smuggling in that the latter is typically characterized by consensual transactions where the transporter and the transportee agree to circumvent immigration control for mutually advantageous reasons. Jacqueline Bhabha, Trafficking, Smuggling, and Human Rights. 2005. 7. At 3. MIGRATION INFORMATION SOURCE: FRESH THOUGHT, AUTHORITATIVE DATA, GLOBAL REACH. 5

Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 9.

The definition of “severe forms of trafficking in persons” from the Trafficking Victims Protection Act (TVPA) does not require any transportation of the victim to constitute trafficking. 7 Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 8. 6

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The Palermo Protocol’s definition of trafficking comes with some clarification for exploitation as well. It details, “Exploitation shall include, at a 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.” Defining Modern (Contemporary) Slavery No universal or legal definition of modern slavery currently exists. However, the term has been defined as forced labor for another person under threat of violence and/or other punishments and lack of freedom to escape.8 It has also been defined as the situation when one person completely controls another person, and he or she uses violence and coercion to maintain that control for the purpose of exploitation, which can be sexual, economic, or both.9 Whatever definition is used, it is widely accepted that the three elements of slavery are (1) loss of free will, (2) appropriation of labor power, and (3) violence or the threat of violence.10 How Human Trafficking, Exploitation, and Modern Slavery Relate Much confusion and conflation exists within the anti-trafficking community regarding the definitions of key terms. This unorderly development of terms and their definitions is due to the history of the movement.11 Sometimes the incongruence causes discord among the various declarations and legislations passed, resulting in issues of law, theory, and practice. In law, words matter. The minutiae of transportation aspects of human trafficking versus longterm exploitation characteristics of modern slavery strongly distinguish one term from the other. Consequently, the diverging analyses may result in different prosecutions entirely. In theory, the simplest way to think about the three terms is in a Venn diagram. Exploitation the largest circle of the Venn diagram, enveloping both human trafficking and modern slavery. Some people who are trafficked are enslaved. However, not all slaves are trafficked. So, the circles of

8

Id. At 9.

9

Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 1.1. https://www.futurelearn.com/courses/slavery 10

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 58.

11

Id. At 51. 5

human trafficking and modern slavery overlap within exploitation, but remain technically distinct.12 13

In practice, however, many anti-trafficking experts and workers simply use the terms human trafficking and modern slavery interchangeably, as loose synonyms.14 Exploitation is a wider, umbrella term that encompasses both human trafficking and modern slavery.

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Even with this explanation, there are differing perspectives. For instance, exploitation itself does not necessitate lack of freedom of movement (the inability to physically leave), but modern slavery does have that characteristic. Also, exploitation may be a one-time event, but modern slavery is characterized as a continuous situation for some significant period of time. Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 16. 13

For the sake of completeness, the Human Trafficking Center takes a slightly different perspective, as well, explaining slavery as the condition, human trafficking as the process, and forced labor as the product. Taxonomy Project. HUMAN TRAFFICKING CENTER. 3. At. 1. http://humantraffickingcenter.org/wp-content/uploads/2011/01/Taxonomy1.pdf 14 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 126. 6

What does Human Trafficking Encompass? Traffickers have various methods of obtaining or enslaving a traffickee, but there are also different ends of trafficking itself. Traffickers have mixed and matched these two, so now they come in a variety of couplings. The main methods of obtaining or enslaving traffickees are by bonded labor, chattel trafficking, and contract trafficking.15 The ends of trafficking include, but are not limited to, labor trafficking, sex trafficking, child trafficking, and organ trafficking. The methods versus the ends of trafficking are explored in further depth on page 10. The Problem of Human Trafficking in the Modern World Ubiquity and Extent Human trafficking is a global problem. It exists in literally every country, from the least developed to the most developed of nations.16 17 18 Between 12.3 million to 27 million people are estimated to be in slavery.19 Estimates for those who are trafficked range from 700 thousand to 4 million each year.20 Regardless of the precise Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 14. 15

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Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 3.9. https://www.futurelearn.com/courses/slavery 17

Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 16. 18

James Cockayne, Unshackling Development: Why we need a global partnership to end modern slavery. December 2015. 92. At 6. http://freedomfund.org/wp-content/uploads/UnshacklingDevelopment-FINAL-FOR-EMAIL.pdf 19

These statistics are based on calculations from the International Labour Organization and Global Slavery Index. Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 15. 20

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 135. 7

number, it is certain human trafficking and slavery affect millions of people across the globe, even under the most conservative of estimates. Trafficking is More Statistically and Economically Solvable Now Than Ever Before Though recent estimates from the International Labour Organization (ILO) and the Global Slavery Index (GSI) suggest millions of people are currently trapped in exploitative situations, even the larger of the two statistics (27 million) represents the smallest proportion of the global population to ever be enslaved.21 Though it is true trafficking and modern slavery are extremely lucrative for the exploiters, exploitation is not crucial for any modern economy itself, or even helpful for it. Modern traffickees/slaves produce an approximated $30 to $40 billion in goods and services annually. However, this is the smallest percentage of the world economy ever generated by slave labor. Take the statistic that Americans spend $41 billion per year on their pets alone for a quick comparison to realize just how manageable the amount is.22 Truly, modern slavery threatens the livelihood of no country or industry economically. In India, it costs approximately $35 USD to liberate an enslaved family.23 If that figure is extrapolated to all 27 million slaves in the world today, it would cost about $945 million to liberate all the current slaves. In Boston, Massachusetts, the “Big Dig” of 1991 to renovate the roads and tunnels in that city cost $10.8 billion, which is more than ten times the price tag of $945 million. Emancipation is economically feasible.24 In fact, the more slaves there are, the weaker the economy of a nation or region. Slaves do not contribute to their own economies, because they wield no monetary power. Rather, they are

21

Glenn Miles, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 15. 22

Id. Such a figure would provide the family with tools to organize themselves, know and safeguard their legal rights, and control means of earning their own independent livings, not paying off illegal debt to their owners. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 17. 23

24

Id. At 17. 8

exempted from their economies, failing to contribute in productive, sustainable ways. In fact, in many developing nations, the number of working children is about equal to the number of unemployed adults.25 They are an untapped economic resource.26 Criminals’ profits made by slaves is estimated at $11 billion annually. If freed slaves made nothing more than the bare poverty line of $2 per day, they would earn and contribute $20 billion to the global economy each year.27 Kevin Bales, an expert and leading author on modern slavery, thinks slavery may be finally suppressed to the point of near abolition within the next twenty-five years, if antislavery/trafficking efforts work properly.28 29 The Methods and Ends of Human Trafficking A common perception is that human trafficking is primarily comprised of sex trafficking and the main method of obtaining victims is through abduction. However, international law and anti-trafficking experts agree that the ends of trafficking extend well beyond sexual exploitation. Furthermore, the creativity of traffickers and exploiters is not limited to abduction, regarding the methods of obtaining traffickees.30 The Methods of Trafficking Traffickers have various ways to obtain traffickees. The three main methods of trafficking are by bonded labor, chattel trafficking, and contract trafficking.31

25

Id. At 19. Id. At 18. 27 Id. 28 Glenn Miles, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 16. 26

29

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 125.

30

Anne T. Gallagher, Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports. HUMAN RIGHTS REVIEW. December 2010. 21. At 5. Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 14. 31

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Bonded labor/debt bondage In bonded labor (i.e., debt bondage), the traffickee is bonded to his or her exploiter, being compelled to work. Two types exist. The first is characteristic of the bonded labor in India in the brick making and rock breaking productions. It is when the trafficker accepts the labor from another as essentially the collateral against a loan. However, that bonded person’s labor is not payment for the debt, and the value of the bonded person’s productive output is not applied towards the debt’s liquidation.32 Until the debt is repaid, the moneylender owns the debtor, his or her family, and everything they grow or produce.33 The second type of bonded labor is when the labor of the bonded person is counted as liquidating the debt.34 However, the perpetrator utilizes false accounting methods and excessive interest rates to make the payment virtually impossible to complete.35 In both types of bonded labor, the hereditary aspect surfaces. That is, the children “inherit” the debt of their parents and continue to work indefinitely for the moneylender exploiter. This is known as chronic bondage. Sometimes, in an effort to pay back the money, parents will further pledge or pawn their children to bonded labor.36

(Classical) Chattel trafficking and descent-based discrimination The formal name for this is hereditary collateral debt bondage slavery.37 In classic (i.e., chattel) slavery/trafficking, a person is sold or born into a life of permanent servitude. Due to such a condition, their descendants face discrimination for their slave heritage, making them de facto 32

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 59.

Id. At 2. Id. At 59. 35 Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 16. 33 34

Id. At 60. Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 1.4. https://www.futurelearn.com/courses/slavery 36

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slaves, or at least more vulnerable to trafficking.38 Slaves’ descendants find it difficult to marry free-born partners or hold positions of political or religious authority.39 Contract Trafficking In contract trafficking, a contract is set in place between the supposed employer and employee, wherein such employment is guaranteed. However, the employment is illegitimate, as their legal documentation is often confiscated, they are charged exorbitant prices for food and accommodation (as debt progressively amounts), and lack feasible opportunities to find other work. Sometimes the constant threat of violence or actual violence prevents them from leaving or seeking support. Also, oftentimes, a recruitment agency connects the traffickee to the perpetrator, which places the traffickee further in debt.40 Kidnapping and Abduction It is important to note, even if briefly, that kidnapping is not a common method used for obtaining trafficking victims. This is because traffickers understand that cooperation of the victim improves the ease with which they may be trafficked.41 When traffickers do abduct a victim, they may use force alone or couple the action with threat, deceit, or the use of drugs.42 The Ends of Trafficking Traffickers have various uses for their victims. The ends of trafficking include primarily labor trafficking, but also consist of sex trafficking. Various sub-categories of both exist in plenty.43

Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 17. 38

39

Id.

40

Id.

41

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 141.

Id. At 143. Child trafficking may also be treated as its own category; however, it is more manageable when handled as a sub-category of both labor and sex trafficking. About 26% of all labor traffickees are minors. 42 43

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Differing organizations abound; however, the following configuration seems to be most appropriate for introductory purposes. Various Types of Labor Trafficking An approximated 20.9 million people are victims of forced labor in the world today44 and about 78% of human trafficking is labor-related.45 The traffickees are not all doing the same type of labor in the same industry, though. The various industries that are touched and tainted by modern slavery range from fishing and mining to domestic work and food processing.46 In addition to commercial trafficking in such industries, forced labor for the state persists to this day in labor camps. Various Industries Fishing industry From region to region, nation to nation, people work in the fishing industry in conditions of exploitation and slavery. Across the Greater Mekong Region in Southeast Asia, just over sixty percent of the males trafficked in the region are trafficked for the purpose of fishing exploitation. Fishermen occasionally lose body parts or suffer deep cuts due to the nature of the work (particularly with long-haul fishing), but few receive medical care. The majority do not get any breaks. They experience severe violence and threats.47

Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At. 1.2. https://www.futurelearn.com/courses/slavery 44 Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 111. Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 1.2. https://www.futurelearn.com/courses/slavery 46 Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 17. 45

47

Nicola S. Pocock, Ligia Kiss, Sian Oram, and Cathy Zimmerman, Labour Trafficking among Men and Boys in the Greater Mekong Subregion: Exploitation, Violence, Occupational Health Risks and Injuries. December 2016. 1. http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0168500 12

In Ghana, traffickers promise parents of children as young as 5 years old that they will provide them with an education and apprenticeship. Instead, they exploit the boys in fishing on Lake Volta.48 49 Mining industry In Ghana, the practice of galamsey is the unlicensed mining which makes use of the forced labor of adults and children.50 In the Ivory Coast, children from 5 to 14 years old are used for artisanal gold mining. The children are often orphans who survived their deceased parents after the rebellion of 2002 in the nation.51 Botswana faces similar issues. It also has diamond mines which feature similar exploitative characteristics.52 Across the globe, in Bolivia, children comprise ten percent of the mining workforce of the nation.53 The children do simple but dangerous tasks, such as collecting and carrying heavy rocks. They also go underground into the mines to enter small mine shafts others cannot. They carry tools and extract minerals; they set up and explode dynamite as well.54

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Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 19. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 11. Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 4.5. https://www.futurelearn.com/courses/slavery 51 Kouame Joseph Arthur Kouame, Yu Feng, Fuxing Jiang, and Sitao Zhu, Evasion of Children in Ivory Coast Artisanal Mining Activities. 2015. 11. At 24. http://www.ccsenet.org/journal/index.php/jsd/article/viewFile/49546/28907 49 50

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Happy K. Siphambe, Growth and Employment Dynamics in Botswana: A Case Study of Policy Coherence. INTERNATIONAL LABOUR OF GENEVA. October 2007. 37. At 9. Bhavna Sharma, Contemporary forms of slavery in Bolivia. Anti-Slavery International. 2006. 25. At 15. http://www.antislavery.org/wpcontent/uploads/2017/01/contemporary_forms_of_slavery_in_bolivia.pdf 54 Bhavna Sharma, Contemporary forms of slavery in Bolivia. ANTI-SLAVERY INTERNATIONAL. 2006. 25. At 16. http://www.antislavery.org/wpcontent/uploads/2017/01/contemporary_forms_of_slavery_in_bolivia.pdf 53

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Brick industry In Afghanistan, many families fell vulnerable to debt bondage when living in Pakistan as refugees or migrants. A family averages 8.8 persons and they almost always have no form of education. The children help their family members' productivity by rolling mud into balls for later molding. They work over 70 hours a week performing repetitive motions in crouching positions while exposed to the elements, and thus at constant physical danger.55 India is known for its brick industry and the debt bondage associated with it. Domestic work industry Domestic workers live and work in their employers’ homes. They often face physical violence and sexual harassment and abuse, for very little money or none at all. Typically, their tasks consist of cooking, cleaning, and looking after children and animals. They are on-call twentyfour hours a day, seven days a week in harsh conditions.56 Domestic trafficking exists everywhere, but it is especially common in Singapore, Malaysia, the Middle East, Latin America, and the Indian subcontinent.57 In Singapore, one in every six houses has a domestic worker. Some work 13-18 hours a day. They are often confined to the house, meaning they have no freedom of movement.58 Child Placement This long-standing custom known as child placement is when relatives or nonfamily members take in a child to teach him or her in exchange for labor. It is similar to the apprenticeship practiced throughout Europe until the beginning of compulsory public education. Traffickers

Buried in Bricks: A Rapid Assessment of Bonded Labour in Afghan Brick Kilns. INTERNATIONAL LABOUR ORGANIZATION. December 2011. 10. At 1-3. http://www.ilo.org/wcmsp5/groups/public/---asia/---robangkok/documents/publication/wcms_172672.pdf 56 Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 17. 55

57 58

Id. At 18. Id. 14

take advantage of child placement to trick families into giving away their children into types of domestic work.59 In Ghana, traffickers exploit girls, sometimes as young as five years old, in domestic servitude.60 In Haiti, a system of child domestic trafficking and slavery exists. It is known as restavek servitude. Persons under 18 years of age are consensually taken from impoverished families (often in rural areas), then taken to richer families (often in urban areas) to be domestic workers. The parents are promised that their children, for whom they are convinced they cannot adequately care, will be given good educations and some pay in exchange for their labor. However, they are often denied basic necessities. They become estranged from their families.61 Forced Begging Similar to restavek servitude in Haiti, exploiters in the Dominican Republic take children from their parents, promising that the children will attend school and get jobs. Instead, they force the children (and sometimes use infants) to beg on the streets, especially in tourist hotspots. If they do not return with the demanded sum by the end of the day, they are beaten or denied food.62 A similar practice occurs in various cities in Europe.63 In South Asia, some traffickers purposely maim children before forcing them to beg, in order to increase profits.64

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 149. Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 19. 59

60

61

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 111. 62

Id. At 116.

63

Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 8.

64

Id. 15

Other Industries and Types of Labor Beyond the industries mentioned above, agriculture, construction, food processing and packaging, care and nursing, hospitality, and even the restaurant trade are tainted by trafficking.65 In the modern world, it is essentially impossible to avoid purchasing a cup of coffee or bar of chocolate, a brick or a diamond, that has, at some point, been manufactured by the hand of a modern slave. For the State Forced labor for the state is a different type of labor trafficking. In China, there are laogai, which are state-established labor camp prisons. Over recent decades, several million people have been held for terms of up to four years in laogai. They allegedly reform convicts, but the government holds political opponents in them as well. The prisoners work for up to 16 hours a day without pay. They suffer from sleep deprivation and malnutrition, producing consumer goods for the internal market and export.66 In North Korea, between 150,000 to 200,000 prisoners endure forced labor. Through collective punishment, whole extended families are imprisoned in these labor camps. The imprisonment is typically lifelong, and has the same characteristics of the laogai or other labor camps.67 Similar labor camps and forced labor for the state is practiced in Myanmar (Burma) and Eritrea.68

Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 17. 65

Id. At 18. Id. 68 Id. 66 67

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Sex Trafficking/Forced Prostitution/Sexual Slavery Forced prostitution is defined as when a person (normally female) is forced, through violence or intimidation to engage in sexual acts in return for money or some other payment.69 About 22% of human trafficking is sexual in nature.70 A market exists for the commercial sex of all types of humans, and traffickers respond to the demand without discrimination. Women, men, girls, boys, and transgender peoples are trapped in sex trafficking/forced prostitution. The forced sex industry is certainly an industry for traffickers – the perpetrators are the purchasers and the traffickees are the commodities. It is highly profitable industry for traffickers.71 Though sex work is technically labor, it is generally considered (by NGOs and legislation alike) a separate category of human trafficking from labor trafficking. Women and Girls The majority of the recruitment and enslavement in the global sex trafficking industry is of women and girls. They are forced to have sex for money and most, if not all, of the income goes to the traffickers who control them.72 Typically, they are tricked or deceived into slavery, responding to advertisements and solicitations for proper work (i.e., contract trafficking), only to discover they are forced prostitutes after it is too late. Some are physically held against their will in brothels, but many are also kept in place by debt bondage.73 Others are sold by their impoverished families (particularly in Southeast Asia) to traffickers.74

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 63. Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 1.2. https://www.futurelearn.com/courses/slavery 71 Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 19. 72 Id. 73 Id. 74 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 150. 69 70

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Fourteen to seventeen-year-old girls are the most vulnerable ages for entering sex trafficking and exploitation.75 They typically are thrown out on the streets within a few years, as they may be impregnated and/or infected with HIV/AIDS.76 Men and Boys The United Nations, via its first Study on Global Violence, has found that 70 million boys (7 percent of children) are sexually abused each year globally.77 Even at that, the numbers are conservative estimates,78 as the problem is largely hidden and misunderstood, resulting in poor service provision and inadequate responses at all levels.79 Sexual activity for males is typically seen as a rite of passage, rather than as abuse or exploitation.80 Men and boys are viewed as strong figures, defying the cross-cultural feminine archetype of a victim. However, the stereotypes have no weight in light of the statistics. The major components that make men vulnerable to sex trafficking are the same factors that make women vulnerable – often familial obligation, poverty, and limited education or abilities.81 Many come from minority ethnic groups. Some cultures hold a strong preference for the youth to support their families, despite low education or language skills. Additionally, the perception that the cities are sites for economic opportunity and freedom leads droves of young people to urban environments, without work or housing.82 These aspects leave the males vulnerable to sexual exploitation and trafficking.

75

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 19. 76

77

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 148. Id. At 169.

Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 1.5. https://www.futurelearn.com/courses/slavery 79 Id. At 170. 78

Id. At 171. Id. At 179. 82 Id. At 180. 80 81

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Transgender Persons Transgender people around the world suffer from sex trafficking. They are at unique risk because they are often socially stigmatized, facing fear, prejudice/discrimination, and general ignorance of their identities and lifestyles.83 Some cultures have names and social structures for their transgender populations, which affect the sex trafficking situation. Ladyboy/Kathoey Thai ladyboys are locally known as kathoey. They have unique cultural factors that are different from the transgendered in Western culture.84 Kathoey are biological men who feel distinctly female, and sometimes undergo cosmetic surgeries or take excessive amounts of estrogen to become more feminine.85 86 The Thai culture accepts them peripherally as “the second kind of women” or “the third sex.”87 Since Thailand is a predominantly Buddhist nation, the concept of karma affects how Thai view kathoey. Many people believe kathoey are born the way they are because of an accumulation of bad karma in past lives.88 Kathoey, however, may have high self-worth. Some kathoey reference Thai literature and folklore of seeming aberrations of nature that are truly heroines.89 Kathoeys often choose to perform sex work, being recruited by agents who run escort websites that solicit buyers.90 They are advertised on the sites by their assets, and when someone orders, the kathoey gets the hotel address, room number, and time. Other kathoeys are not free-will sex workers, but are trafficked from hilltribes and taken to the big cities, like Chiang Mai,91 just as other traffickees. The LGBTQ+ population receives less Id. At 239. Id. At 232. 85 Susan Aldous and Pornchai Sereemongkonpol, Ladyboys: The Secret World of Thailand’s Third Gender. 2008. 291. At 11. 83 84

Id. At 76. Id. At 61. 88 Id. At 12. 89 Id. At 38. 90 Id. At 147. 91 Elliot Glotfelty, Boys, Too: The Forgotten Stories of Human Trafficking. October 2013. https://www.fairobserver.com/region/asia_pacific/boys-too-forgotten-stories-human-trafficking/ 86 87

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care than other groups of persons. Consequently, there is much less research and information on the trafficking aspects for transgender persons. Hijra In South Asia, particularly India, the local transgender population is referred to as hijra. Many NGOs focus on the trafficking and exploitation of the women and girls in the region, while some address men and boys’ issues. However, the “third gender” issues of the hijra remain on both the literal and the figurative outskirts of society.92 Just as the kathoey in Thailand or countless other minority groups are at special susceptibility to trafficking, the hijra are vulnerable to exploitation, violence, and discrimination. A cultural aspect of the hijra population is the expectation that they be castrated as a rite of passage. This is a human rights concern as an issue of self-mutilation as well.93 More research must be conducted on the issues of the hijra population in South Asia to understand further trafficking concerns. Forced Marriage/Mail-Order Brides Another topic within sex trafficking is that of forced marriage. In forced marriage and mail-order bride situations, agencies connect women (usually from poorer countries) and men (usually in richer countries) for marriage. Some of these agencies are merely fronts for trafficking. Others exploit the men, as they solicit them and receive payments, then never deliver the brides.94 Typically, the women will be forced into some type of domestic servitude, coupled with sexual exploitation.95 The issue is complex, however, as with any type of human trafficking. Some women, as recorded in cases in Taiwan, seek out a better life and voluntarily marry foreign men in faraway nations.

92

Hijra Docu-Drama in Postproduction. LOVE146. February 2010. https://love146.org/hijradocu-drama-in-postproduction/ Id. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 150. 95 Id. At 150. 93 94

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This is less of a situation of forced marriage than of hypergamy.96 Widespread cases of bride trafficking have been recorded in China with Burmese brides. Many of these women do not view themselves as trafficking victims at all; rejecting the idea that they were “sold.” To marry a Chinese man as a Burmese woman is a survival strategy.97 It is important to remember the basics to distinguish what really is exploitation/trafficking and what is not, especially when it comes to forced marriage cases. Cyber Trafficking/Online Exploitation Since the advent of our 21st century technological boom, sex traffickers have found new and improved ways to solicit johns. One of those ways is via the internet. Some of this exploitation occurs as advertisements, others as pornography or livestream webcam sex services. The anonymous nature of the web makes it the perfect conduit and platform for cyber trafficking, but simultaneously renders research exceedingly difficult. Advertisements involving willing commercial sex workers and trafficked victims are listed together. Deciphering between the two involves a measure of speculation.98

96

Inés Crosas Remón, Opportunities and Risks for Migrant Brides in the Matchmaking Industry: The Case of Taiwan. 2016. 16. At 10. http://i.unu.edu/media/gcm.unu.edu/publication/2990/FINALREPORTTHEMATCHMAKINGI NDUSTRYTHECASEOFTAIWAN.pdf 97

Laura K. Hackney, Re-evaluating Palermo: The case of Burmese women as Chinese brides. ANTI-TRAFFICKING REVIEW. 2015. 12. At 10. http://www.antitraffickingreview.org/index.php/atrjournal/article/view/92/97 Jesse Bach, Courtney Mintz, and Jennifer Dohy, A Quantitative Analysis of Commercial Sex Advertisements During Super Bowl XLVIII. SLAVERY TODAY JOURNAL. December 2015. 16. At 3. https://www.dropbox.com/s/0z27b69o6vti31y/SlaveryTodayJournal.pdf?dl=0 98

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Human Trafficking Outside of Labor and Sex Trafficking Though the main two types of human trafficking are labor and sex trafficking, there are a few outliers, which deserve recognition. Wartime Trafficking and Slavery Typically, countries that have experienced civil wars, like Yugoslavia, Sierra Leone, Sudan, and Northern Uganda, are zones of wartime trafficking and slavery. The practice consists of abducting and enslaving persons to be soldiers. In Uganda, the Lord’s Resistance Army has abducted approximately 30,000 children to be guerilla fighters. Women and girls are also taken and forced to be sexual or domestic slaves, or used as bargaining chips with arms dealers.99 An estimated 300,000 wartime slaves are child soldiers, some as young as seven years old.100 In Nepal, the opposing Maoist and government forces have killed approximately 10,000 people in their armed conflict. Both sides of the war have denied the recruitment and use of children as child soldiers or otherwise. However, there are reports of widespread use of children by the Maoists, as well as the use of children as informants by the government forces.101 The children are mainly used for carrying guns and executing menial tasks. The children are generally abducted and then taken to secret camps to train them.102 The primary appeal of using child soldiers is to increase sheer numbers of soldiers.103

Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 19. 99

Id. At 20. Caught in the Middle: Mounting Violations Against Children in The Watchlist on Children and Armed Conflict is a network of Nepal's Armed Conflict. WATCH LIST ON CHILDREN AND ARMED CONFLICT. January 2005. 61. At 37. http://www.un.org.np/sites/default/files/report/tid_188/nepal.report.20050120.pdf 102 Id. At 38. 103 Id. 100 101

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Organ Trafficking The Palermo Protocol addresses organ trafficking. It is when human organs are either bought or taken, through trickery, to be sold.104 Legitimate organ scarcity (due to a low rate of organ donation) is what drives the illicit organ market. Those who are sick and suffering from dire medical conditions remain on waiting lists, desperate to do almost anything to get the organ(s) they need to live.105 Also, cadaver donor transplants allegedly result in more surgical wound infections than living donor transplant patients.106 These aspects propel the organ trafficking networks to business throughout the world. Cases have been documented in Turkey, Israel, Moldova, Romania, South Africa, Brazil, the USA, the Philippines,107 and India.108 Often medically trained and qualified surgeons in hospitals perform the removal and transplantation processes.109 Adoption Trafficking Adoption trafficking occurs when mothers of children believe the children will have better lives if they entrust them to traffickers. The traffickers proceed to claim the infants as abandoned, falsify the birth records, and then solicit prospective foreign parents to essentially buy the children.110

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 58. Dina Siegel and Roos de Wildt, Ethical Concerns in Research on Human Trafficking. December 2015. 277. At 253. 104

105

Id. At 256. Id. At 7, 14. 108 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 150. 109 Dina Siegel and Roos de Wildt, Ethical Concerns in Research on Human Trafficking. December 2015. 277. At 256. 110 Nicolas Lainez, Transacted Children and Virginity: Ethnography of Ethnic Vietnamese in Phnom Penh. June 2011. At 42. https://www.researchgate.net/publication/280745092_Transacted_Children_and_Virginity_Ethn ography_of_Ethnic_Vietnamese_in_Phnom_Penh 106 107

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TIER 1 RECOMMENDED READING LIST

Global Issues (Human Trafficking) The Definition of Trafficking: The Palermo Protocol. 2005. ECPAT UK. http://new.ecpat.org.uk/content/definition-trafficking Taxonomy Project. Human Trafficking Center. 3. http://humantraffickingcenter.org/wpcontent/uploads/2011/01/Taxonomy1.pdf Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, and UNIVERSITY OF HULL. 74. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. https://www.futurelearn.com/courses/slavery

Regionally-Specific Issues (Labor Trafficking) Buried in Bricks: A Rapid Assessment of Bonded Labour in Afghan Brick Kilns. INTERNATIONAL LABOUR ORGANIZATION. December 2011. 10. http://www.ilo.org/wcmsp5/groups/public/---asia/--ro-bangkok/documents/publication/wcms_172672.pdf Happy K. Siphambe, Growth and Employment Dynamics in Botswana: A Case Study of Policy Coherence. INTERNATIONAL LABOUR OFFICE GENEVA. October 2007. 37. Kouame Joseph Arthur Kouame, Yu Feng, Fuxing Jiang, and Sitao Zhu, Evasion of Children in Ivory Coast Artisanal Mining Activities. 2015. 11. http://www.ccsenet.org/journal/index.php/jsd/article/viewFile/49546/28907 Bhavna Sharma, Contemporary forms of slavery in Bolivia. ANTI-SLAVERY INTERNATIONAL. 2006. 25. http://www.antislavery.org/wpcontent/uploads/2017/01/contemporary_forms_of_slavery_in_bolivia.pdf Nicola S. Pocock, Ligia Kiss, Sian Oram, and Cathy Zimmerman, Labour Trafficking among Men and Boys in the Greater Mekong Subregion: Exploitation, Violence, Occupational Health Risks and Injuries. December 2016. http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0168500 Siddharth Kara, Bonded Labor: Tackling the System of Slavery in South Asia. 2012. 292.

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Sex Trafficking Nicolas Lainez, Transacted Children and Virginity: Ethnography of Ethnic Vietnamese in Phnom Penh. June 2011. https://www.researchgate.net/publication/280745092_Transacted_Children_and_Virginity_Ethn ography_of_Ethnic_Vietnamese_in_Phnom_Penh Elliot Glotfelty, Boys, Too: The Forgotten Stories of Human Trafficking. October 2013. https://www.fairobserver.com/region/asia_pacific/boys-too-forgotten-stories-human-trafficking/ Alastair Hilton, "I Thought it Could Never Happen to Boys." HAGAR and WORLD VISION. January 2008. 231. http://www.first-stepcambodia.org/fileadmin/user_upload/SPEAKING_TRUTH_edited_final_20-3-08.pdf Susan Aldous and Pornchai Sereemongkonpol, Ladyboys: The Secret World of Thailand’s Third Gender. 2008. 291. Hijra Docu-Drama in Postproduction. LOVE146. February 2010. https://love146.org/hijra-docudrama-in-postproduction/ Inés Crosas Remón, Opportunities and Risks for Migrant Brides in the Matchmaking Industry: The Case of Taiwan. 2016. 16. http://i.unu.edu/media/gcm.unu.edu/publication/2990/FINALREPORTTHEMATCHMAKINGI NDUSTRYTHECASEOFTAIWAN.pdf Laura K. Hackney, Re-evaluating Palermo: The case of Burmese women as Chinese brides. ANTI-TRAFFICKING REVIEW. 2015. 12. http://www.antitraffickingreview.org/index.php/atrjournal/article/view/92/97 Jesse Bach, Courtney Mintz, and Jennifer Dohy, A Quantitative Analysis of Commercial Sex Advertisements During Super Bowl XLVIII. SLAVERY TODAY JOURNAL. December 2015. 16. https://www.dropbox.com/s/0z27b69o6vti31y/SlaveryTodayJournal.pdf?dl=0

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TIER 2: INTERMEDIATE UNDERSTANDING UNDERSTANDING THE SUPPLY AND DEMAND NGOs and the greater anti-trafficking movement cannot fully stop the problem at hand unless they address the root causes of trafficking.111 NGOs must address the basic economics of human trafficking, the supply and demand of it, instead of the mere symptoms. Otherwise, there will always be countless other victims to take the current victims’ places.112

113

111

Christina Foster Crawford and Glenn Miles, Finding Our Way Through the Traffick: Navigating the Complexities of a Christian Response to Sexual Exploitation and Trafficking. 2017. 455. At 172. Id. Mark Leon Goldberg, Map of the Day: Where Humans are Trafficked. UNODC. November 2014. https://www.undispatch.com/human-trafficking-map/ 112

113

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DEMAND As a generic principle, where there is demand, supply will meet it. Typically, the international flow of trafficked persons goes from poorer (supply) countries/regions to richer (demand) countries/regions.114 Labor Trafficking The supply chain of many consumer goods nowadays begins with the subcontracting of larger, richer companies to smaller, less influential companies and factories. The larger companies wield much power and apply pressure to cut overhead to pass on savings, and thus increase sales and net profit. The smaller companies bear the burden of finding cheaper and cheaper labor, and thus unethical practices are born and bolstered.115 116 Traffickee labor has been recognized and documented in the productions of cocoa, cotton, sugar, timber, beef, tomatoes, lettuce, apples and other fruits, shrimps and other fish products, coffee, steel, gold, tin, diamonds and other gemstones, jewelry, shoes, sporting goods, clothing, fireworks, rope, rugs, carpets, bricks, and tantalum (a mineral used in electronics), as well as others.117 Sex Trafficking Hughes identifies four components of the economics of sex trafficking in particular: men who buy commercialized sex, exploiters who make up the sex industry, states that are destination countries, and culture that tolerates or promotes sexual exploitation.118

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 151. Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 20. 114

115

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 61. Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 20. 116

117

118

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 93. 27

The Buyers or Johns of Commercialized Sex Work: Three Main Types On the whole, men compose the majority of commercialized sex consumers.119 They can be broken into three main types: the sensation-seekers, those with intimacy and relational issues, and those who are caught up in peer pressure. Certainly, these are not completely independent categories, but they provide some structure for understanding the pertinent factors. I. Sensation-Seekers Sensation-seekers are not lonely or sexually unsatisfied.120 Rather, they are looking for sex acts their female partners will not perform, or seeking excitement from buying a person for a short period. They seek control, and desire thrills without obligation.121 II. Those with Intimacy and Relational Issues Men with intimacy and relational issues seek companionship.122 Sometimes they feel “elected” when a prostitute approaches them.123 From a psychological perspective, this may be rooted in feelings of inadequacy and deeper hurt after failed romances or childhood abuse.124 Men and the Sex Trade (MST) Project, a group based in Thailand that focuses on reaching out to the men who frequent red light districts, reports that these men desire acceptance and value, qualities they lack in their own relationships.125 III. Those Who Succumb to Peer Pressure Particularly in Europe, there is a culture and societal acceptance of young men who go to legal prostitution zones, such as the one in Amsterdam, as a sexual rite of passage.126 If they do not participate, they face social criticism and ostracization from their peers.

Id. At 93. Id. 121 Id. At 98. 122 Id. At 148. 123 Id. At 98. 124 Id. At 148, 151. 125 Id. At 151. 126 Id. At 98. 119 120

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Another Type of John: The Pedophile Regarding child sex tourism, the niche’s demand comes from pedophiles. There are two types of pedophiles – the preferential ones, as well as those who are situational.127 The former group receives the most attention, primarily because their sexual preference for minors is seen as ethically abhorrent by most. Preferential pedophiles often travel to areas in Southeast Asia or elsewhere with the express intent to have sex with children. Pedophiles may be of the “preferential” sort due to superstitious beliefs they can cure their HIV/AIDS or secure good luck in their business endeavors by having sex with a virgin child.128 The situational pedophiles, on the other hand, stumble upon the opportunity to have sex with a child and essentially ask themselves, “Why not?” Studies have shown that the majority of offenders are situational pedophiles. The relevant legislation in the US has recently changed (under the PROTECT Act of 2003) to recognize situational, as well as preferential pedophiles who travel abroad for child sex. To add another dimension, anecdotal research has indicated that child sex tourists often are natives of the same nations as the children they abuse.129 The Desire to Quit and the Support Needed to Do So Generally, the men who buy sexual encounters express that the experience was ultimately unrewarding, and feel guilt or shame afterward. They report feelings of emptiness and desire to quit. Yet, many compulsively repeat the act of buying sex. Governments and organizations have recognized the need to support these men in their decisions to quit. They need accountability, not shame and judgment. A Swedish program, KAST, targets and helps buyers of sexual services to quit their use.130 The US has set up “John’s Schools” to

Id. At 111. Id. At 115. 129 Id. 130 Id. At 101. 127 128

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effectively change purchasers’ attitudes and perceptions of prostitutes by exposing them to the realities of their lives – thereby facilitating empathy for the women constrained in prostitution.131 At the request of a local criminal court in St. Paul, Minnesota, Project Pathfinder was designed as a psychoeducational program to treat men who were charged with soliciting sex from female prostitutes. They undergo psychological testing and participate in the program, as well as complete questionnaires. It challenges their denial/minimization of their choices, provides accurate psychological information and analysis of their tendencies, and assists them in emotional and relational issues. Portland, Oregon has their Prostitution Offender Program, which takes a different approach and aims to give the johns a dose of reality (physically, legally, and socially).132 Other programs exist, but this highlights some of the current methods being exercised in an attempt to aid johns in quitting unhealthy sex purchasing habits. Contributors to Demand (Other than Johns) Exploiters Since trafficking is a process rather than a singular event, trafficking organizations are divided into several subunits that specialize in particular parts of the operation and complete different services, from recruitment to logistical support. They range from management and supervision, escorting (transporting traffickees), the corrupt public officials, recruitment, support (provide food and safe houses), debt collectors, exploitation, and re-escorting (transporting traffickees from place to place).133 Each plays a key role in the greater scheme of exploitation.

Id. At 102. Donna M. Hughes, Best Practices to Address the Demand Side of Sex Trafficking. August 2004. 73. At 35-37. http://media.virbcdn.com/files/3d/FileItem-149914BestPracticesAddressdemand.pdf 133 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 144. 131

132

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Exploiters who engage in trafficking normally do so because it is a high-profit and often low-risk venture. People, unlike other “commodities,” can be used repeatedly. Additionally, trafficking does not require a large capital investment.134 Recruiters are often rather trustworthy and convincing individuals, typically older women who have good reputations as recruiting young people from the same ethnic and language group. This is common throughout West Africa, Thailand, and Central America.135 They bring consumer goods and nice clothes to entice people to go with them to the big cities or faraway lands.136 Anecdotal and personal accounts from ex-traffickers have revealed that sometimes they become freelance sex traffickers by the age of sixteen, having grown up surrounded by the industry. For most, the motivation is the money.137 138 It is imperative that economic alternatives are developed for not only the at-risk populations, but those who may turn into exploiters themselves. Some NGOs work to remove the pressures that tempt people to exploit the vulnerable.139 Slaveholders and other exploiters are usually family men who think of themselves as businesspersons. They are well-integrated socially and well-connected legally and politically. For the most part, they are well-respected in their communities for their wealth and savviness in local customs of labor.140 Most exploiters do not consider themselves “evil,” and they certainly do not enslave others for the sole purpose of evil either.141 In fact, they view themselves as altruistic, and taking on the

Id. At 139. Id. At 142. 136 Id. 137 Of course, some exploiters exploit out of a seeming enjoyment and gratification in exerting power over others, and mere economic reasons do not account for their actions. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 163. 138 Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 145. 134 135

Kevin Bales provides a relevant case study regarding the children in the fishing sector on Lake Volta in Ghana. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 12. 140 Id. At 25. 141 Id. 139

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role of parental figures. They, especially long-term slaveholders, fulfill the basic human needs for food, clothing, and shelter to their bonded workers, and take their freedom of movement, expression, and so on in exchange.142 In response, traffickees display characteristics of Stockholm Syndrome by accepting their roles, identifying, and sympathizing with their masters. In turn, it reinforces the often distorted parentchild relationship to which sometimes both sides attest.143 States The destination countries themselves may be considered forces that drive and pull trafficking victims to them. Two of the most notable factors that play into the equation include the states’ economies and their stances on prostitution. States’ Economies The most significant characteristics predicting human trafficking into a destination country are:144 1. the proportion of the male population over age sixty 2. the level of governmental corruption 3. the level of food production 4. low infant mortality rate For the most part, these characteristics indicate prosperity and stability, and reflect the notion that human trafficking flows from poorer to richer countries. From a trafficker’s point of view, the perfect destination country would be a relatively rich nation with just enough corruption to allow low-risk passage through its borders.145 States’ Stances on Prostitution Beyond states’ economies and their actual complicity in human trafficking, their stances on prostitution are relevant to the demand for trafficking victims. As discussed further on page 40,

Id. At 34. Id. At 35. 144 Id. At 140. 145 Id. 142 143

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prostitution and human trafficking are connected because some prostitutes have been trafficked/are being exploited. Take the current and ongoing debate in Germany regarding this topic. The nation legalized prostitution and brothels in 2002. The decision has been criticized for having an adverse affect on trafficking. Specifically, dissenters cite the strong attraction of legal commercial sex on foreign male tourists. Critics argue it furthers demand for the sex industry generally, and consequently drives traffickers to obtain more female prostitutes. Allegedly, in turn, this merely propels sex trafficking.146 It bears remembrance, though, that human trafficking occurs in regions regardless of the legalization of prostitution, and reliable statistics on the connection between legalization of prostitution and sex trafficking are extremely difficult to obtain at this time. Culture An aspect crucial to the “perfect storm” of all human rights violations is a moral allowance of them.147 Human trafficking, at its base, violates the human right of autonomy.148 A culture or subculture that tolerates human trafficking places vulnerable people at particular risk.149 Bales describes this concept as the moral economy of marketing people as commodities. It allows exploiters and consumers (as well as the greater bystanding public) to rationalize their behavior. Such moral allowance takes form in different arguments and attitudes, some of which are:150 •

Tradition: slavery has existed since at least as long as written history, so it must be part of the natural order

146

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 114. Jade Kosche, The Perfect Storm Paradigm. April 2017. 22. At 7. https://www.academia.edu/33937470/The_Perfect_Storm_Paradigm 148 Id. At 3. 149 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 156. 150 Id. 147

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o In India, those in hereditary slavery (bonded labor) have a clear sense of their roles in life as “belonging” to their masters. They often reference familiarity and history as explanation, with statements such as, “We have always lived here.”151 •

Priorities: one’s own family depends on exploitation, so the victim’s suffering is not of concern



Dehumanization: slaves and traffickees are (for various reasons or attributes) considered sub-human, thus they do not need to be treated with the same respect as one o Hyper-sexualization: arguably, one type of dehumanization is the hypersexualization of “othered” persons (racially or otherwise), reinforcing superiority and inferiority aspects of different people groups and making exploitation more justifiable152

The normalization of prostitution and pornography does not only affect sex work as a concept separate from sex trafficking – but is often comingled with it. As mentioned before, trafficked persons are often pimped as prostitutes.153 This a cultural concern because pornography has been statistically linked to prostitution.154 It has been described as a window or gateway into the acceptability of purchasing sex. Other cultural aspects that connect with human trafficking include religion, history, and legislation.155 156

Id. At 33, 56. Id. At 162. 153 Zeeshan Aleem, 16 Years Since Decriminalizing Prostitution, Here's What's Happening in Sweden. March 2015. https://mic.com/articles/112814/here-s-what-s-happened-in-sweden-16years-since-decriminalizing-prostitution#.QqfyVXxwO 154 Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 95. 151 152

The Nordic Model (which criminalizes the buying of sex) treats prostitutes as victims, which is criticized as creating further stigma against them. 156 In Mauritania in 1997, an Afro-Mauritanian (abeed) was walking in hand with a White Moor (Berber), both dressed in matching robes. They both affirmed they were master and slave, as well as best friends. The wide range of human relationships sometimes takes form as slavery, and it is not necessarily non-consensual exploitation. Id. At 56. 155

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SUPPLY: PUSH AND PULL FACTORS Traffickees are “pushed” and “pulled” by various circumstances to place themselves in situations in which they may be trafficked.157 Why is Vulnerability a Characteristic of Certain Places and People? For both labor and sex traffickees, many of the factors that brought them to slavery are the same factors that keep them in slavery. This mainly consists of lack of opportunity,158 which always reflects differences in socioeconomic power.159 Some factors that contribute to such differences are: poverty and low education, statelessness (no legal status in any country), gender bias, refugee/war situations, prior sexual abuse, migrant statuses, LGBT identities, religious minority associations, and disabilities. Some of the more prevalent factors are taken in turn below. Poverty Class differentiations (race, tribe, gender, religion, caste, etc.) may make one more vulnerable to being trafficked, but the main factor is economic, not racial. Contemporary slaves are drawn overwhelmingly from impoverished communities.160 Poverty is the primary factor, any other discriminated-against minority status are secondary factors. However, it is inaccurate to say the poorest of the poor are always the most susceptible to being trafficking and enslaved. In Benin, economically better-off families actually use their resources and connections to get their children out of their small villages in hopes of a better life for them.161 In West Africa, families that can afford televisions and better technology inadvertently set their children up for higher risk of trafficking. The televisions and smart phones are windows to life outside of the village, where cities, wealth, luxury, excitement, and so on entice them Id. At 155. Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 65. 157

158

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 10. Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 14. 159

160

161

Id. At 14. 35

toward hopes of a greater life. When recruiters and traffickers promise along those lines, the villagers have already been primed for such blandishments.162 Poverty also tends to keep traffickees in positions of exploitation. Some former slaves who manage to repay their debts and escape slavery eventually return to it because they lack preparation for freedom. Emancipation does not last without economic sustainability and support.163 Gender/Age Bias Women and children are disproportionately victimized by exploitation, likely because they have fewer socioeconomic opportunities, less social mobility, and less cultural power overall.164 Child laborers, in particular, are seen as being easier to control and discipline than adults. This is compounded by the common practice of families allowing the trafficking (or “placement”) of their children in a desperate attempt to lift them and the rest of their family out of poverty.165 Additionally, children are seen as being free from sexually-transmitted infections, namely HIV/AIDS. Some East Asian superstitions encourage sex with virgins (who are often children), in the belief that it will give them good luck. Thus, children are more attractive as sexual commodities as well.166 Migrant Statuses and Statelessness Migrants have an especially difficult time, while en route and once they arrive at their destinations.167 Though some unfortunate migrants never reach their destinations (they may die

Id. Id. At 3. 164 Id. At 15. 165 Id. 166 Id. At 139. 167 AKM Ahsan Ullah, Yusnani Mohamed Yusof, Maria D'Aria, How safe is Safe?: ‘Safe migration’ in Southeast Asia. UNIVERSITI BRUNEI DARUSSALAM. 2016. 20. At 12. http://ias.ubd.edu.bn/assets/Files/WORKING.PAPER.SERIES.20.pdf 162 163

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in trafficking camps),168 others do; and they often find themselves in slavery-like situations, owing large debts for the service of being smuggled.169 The migrants who survive often lack documentation and almost always lack legal status in their destination country. Thus, they are afraid to appeal to government officials for assistance when they encounter exploitation and abuse.170 Moreover, lack of legal documentation makes people susceptible to human trafficking because they often do not have access to education, health care, or employment in the economy.171 Typically, undocumented persons may move somewhere else, lose all contact with those they know, and no one will hear from them again.172 All this facilitates exploitation. Refugee Status/War Situations War, ethnic violence, and invasion create millions of refugees whose precarious situations make them susceptible to being enslaved.173 The Rohingya are a minority ethnic group in Thailand, Malaysia, and Indonesia. They are often persecuted and subject to abuse, so they seek refuge elsewhere. As refugees, often without legal status or recognition, they face similar exploitation, trafficking, detention, and sometimes refoulement.174

Id. AKM Ahsan Ullah, Yusnani Mohamed Yusof, Maria D'Aria, How safe is Safe?: ‘Safe migration’ in Southeast Asia. UNIVERSITI BRUNEI DARUSSALAM. 2016. 20. At 17. http://ias.ubd.edu.bn/assets/Files/WORKING.PAPER.SERIES.20.pdf 168

169

Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, and UNIVERSITY OF HULL. 74. At 21. 170

171

Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 15. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 14. Id. At 127. 174 "Everywhere is Trouble": An Update on the Situation of Rohingya Refugees in Thailand, Malaysia, and Indonesia. FORTIFY RIGHTS and BURMESE ROHINGYA ORGANIZATION UK. March 2016. 22. At 3. http://www.fortifyrights.org/downloads/EverywhereisTrouble.pdf 172 173

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In Sierra Leon, their civil war displaced many people, especially women and children who consequently still stand at particular risk of trafficking.175 Since the summer of 2011, Burmese military and the Kachin Independence Army in northern Burma have driven thousands of ethnic Kachin from their villages and homes. Many of them have sought refuge across the border in Yunnan Province in southwestern China. They often take on work that is exploitative in nature, suffering the harsh conditions and little pay, such as is characteristic of exploitation.176 They do not know the Chinese labor law and do not have the ability to advocate their own cause since they are illegal immigrants.177 Religious Minority Associations Traffickers have been known to target women and girls from religious minorities and force them into religious conversions and subsequent marriages, in which they may be subjected to domestic or sexual servitude.178 Researchers have noted that such associations place persons at risk not merely for the reason of religious belief, but because of power differentials and minority groups. Note on Vulnerability of At-Risk Persons It is important to note that though someone may be the quintessential at-risk victim for trafficking (according to the subsets above), he or she may not be a good candidate for trafficking at all. That is, some people are “not worth enslaving,” in that they are too elderly, young, infirm, disabled, etc. Traffickers have no interest in these persons because there is no profit to be made from them.179 Beyond that, they must lack the personal and financial resources, as well as the social and governmental protections to prevent enslavement.180

Forgotten Children of War: Sierra Leonean Refugee Children in Guinea. HUMAN RIGHTS WATCH. https://www.hrw.org/legacy/reports/1999/guinea/index.htm#TopOfPage 176 Isolated in Yunnan: Kachin Refugees from Burma in China’s Yunnan Province. HUMAN RIGHTS WATCH. 2012. 75. At 49. https://www.hrw.org/sites/default/files/reports/china0612_forinsertForUpload_0.pdf 177 Id. 178 Id. At 20. 179 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 10. 180 Id. 175

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How Prostitution, Pornography, and Human Trafficking Entwine In a study of prostitutes’ trauma across nine countries, almost half of the respondents reported that pornography was made of them.181 Pimps and traffickers also use pornography to train, season, and desensitize women for forced prostitution. Pornography is sometimes filmed or shot clandestinely, then used as blackmail to coerce victims to stay in sex work.182 Pedophiles sometimes use child pornography to groom children into believing that it is normal for adults to have sex with children.183 The ILO estimates that 1.8 million children were trapped in prostitution and pornography in 2002.184 Additionally, studies have repeatedly found the same men who have strong pornography habits are the most likely to regularly hire prostitutes.185 Statistical interpretations do vary regarding causation, but the correlation is undeniable.186 Interviews with regular sex buyers (sometimes referred to as johns), as well as psychological studies have revealed they watch porn, see some act(s) they find tantalizing, then seek to recreate the same in real life.187 Researchers recognize it is virtually impossible to determine which sex workers have been trafficked/exploited in the industries of prostitution and pornography.188 Is Legalization of Prostitution a Solution? Since the demand for prostitution is often met with traffickees,189 a current topic of interest in the field is the possible mitigation of the issue by legalizing prostitution.

181

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 118. Id. At 119. Id. At 131. 184 Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, and UNIVERSITY OF HULL. 74. At 19. 182 183

Id. Id. At 120. 187 Id. At 121. 188 Donna M. Hughes, Best Practices to Address the Demand Side of Sex Trafficking. August 2004. 73. At 7. http://media.virbcdn.com/files/3d/FileItem-149914BestPracticesAddressdemand.pdf 189 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 168. 185 186

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Pro-Legalization (Abolitionist) Germany and Holland are two forerunners on the pro-legalization side. The underlying notion is that sex work is simply a vocational choice that necessitates sex-worker rights. The argument and model is that legalizing prostitution will institute control over brothels, allowing johns to still buy sex services without any trafficking or nonconsensual aspects, which mark forced prostitution. The hope is that sex workers will have better access to safety measures and health resources as well.190 Criticism of this approach consists of the contradictory evidence as to whether legalization has improved conditions for sex workers/decreased the number of trafficked persons who are sex workers.191 Anti-Legalization (Liberal Choice) On the other hand is Sweden, which has taken a contrasting approach with what is commonly referred to as the “Nordic Model.” The underlying notion here is that sex work is inherently exploitative and based upon inequality and dominance. Thus, the purchase of sex, specifically, should be illegalized (as opposed to the sale of sex). It promotes aid and support for sex workers to leave prostitution.192 Criticism of this approach states that such illegalization of prostitution only pushes it underground, making it more difficult to identify, and hence leaves sex workers more at risk.193 Advocates of legalization contend that illegalization worsens the lives of sex workers. Such models inadvertently encourage stigma against them and treat all sex workers as powerless victims, despite aspects of choice.194

Id. Id. 192 Id. 193 Id. 194 Mike Ludwig, From Somaly Mam to ''Eden'': How Sex Trafficking Sensationalism Hurts Sex Workers. July 2014. http://www.truth-out.org/news/item/24827-from-somaly-mam-to-eden-howsex-trafficking-sensationalism-hurts-sex-workers 190 191

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Third Way The majority of feminist legal theory on sex work and trafficking takes form as either prolegalization or anti-legalization. Yet, another theoretical model exists – a “third way.” It is essentially a compromise between both sides of the argument, recognizing women’s widespread economic and vocational inequality, while simultaneously endorsing women’s real but constrained autonomy within societies. The idea is to allow women the agency to alleviate their own poverty through sex work by legalizing it (thereby decreasing criminal stigma), but also allowing women to assess their own capabilities and decide for themselves if they want to exit the vocation. The approach concedes points from both mainstream arguments and meets at a practical middle ground.195

Shelley Cavalier, Between Victim and Agent: A Third-Way Feminist Account of Trafficking for Sex Work. INDIANA LAW JOURNAL. 1458. At 1449. http://ilj.law.indiana.edu/articles/86/86_4_cavalieri.pdf 195

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TIER 2 RECOMMENDED READING LIST

Essay Compilations Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. Christina Foster Crawford and Glenn Miles, Finding Our Way Through the Traffick: Navigating the Complexities of a Christian Response to Sexual Exploitation and Trafficking. 2017. 455.

Demand Siddharth Kara, Sex Trafficking: Inside the Business of Modern Slavery. 2010. 320. Donna M. Hughes, Best Practices to Address the Demand Side of Sex Trafficking. August 2004. 73. http://media.virbcdn.com/files/3d/FileItem-149914-BestPracticesAddressdemand.pdf

Migrant Issues and Statelessness AKM Ahsan Ullah, Yusnani Mohamed Yusof, Maria D'Aria, How safe is Safe?: ‘Safe migration’ in Southeast Asia. UNIVERSITI BRUNEI DARUSSALAM. 2016. 20. http://ias.ubd.edu.bn/assets/Files/WORKING.PAPER.SERIES.20.pdf

Refugee Status/War Situations "Everywhere is Trouble": An Update on the Situation of Rohingya Refugees in Thailand, Malaysia, and Indonesia. FORTIFY RIGHTS and BURMESE ROHINGYA ORGANIZATION UK. March 2016. 22. http://www.fortifyrights.org/downloads/EverywhereisTrouble.pdf Isolated in Yunnan: Kachin Refugees from Burma in China’s Yunnan Province. HUMAN RIGHTS WATCH. 2012. 75. https://www.hrw.org/sites/default/files/reports/china0612_forinsertForUpload_0.pdf Forgotten Children of War: Sierra Leonean Refugee Children in Guinea. HUMAN RIGHTS WATCH. https://www.hrw.org/legacy/reports/1999/guinea/index.htm#TopOfPage Caught in the Middle: Mounting Violations Against Children in The Watchlist on Children and Armed Conflict is a network of Nepal's Armed Conflict. WATCH LIST ON CHILDREN AND ARMED CONFLICT. January 2005. 61. http://www.un.org.np/sites/default/files/report/tid_188/nepal.report.20050120.pdf

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Sex Work: Prostitution and Pornography Zeeshan Aleem, 16 Years Since Decriminalizing Prostitution, Here's What's Happening in Sweden. March 2015. https://mic.com/articles/112814/here-s-what-s-happened-in-sweden-16years-since-decriminalizing-prostitution#.QqfyVXxwO Shelley Cavalier, Between Victim and Agent: A Third-Way Feminist Account of Trafficking for Sex Work. INDIANA LAW JOURNAL. 1458. http://ilj.law.indiana.edu/articles/86/86_4_cavalieri.pdf

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TIER 3: ADVANCED UNDERSTANDING Challenges that Remain Why Isn’t Trafficking Eradicated Already? Human trafficking and modern slavery have been legally abolished, but not yet eradicated in practice. Lack of research, collaboration, education, and implementation all contribute to the persistence of the trade in human beings. NGOs may work to improve their own functions, as well as their functions with other NGOs to strengthen forces in sight of the bigger goal of abolition. The Importance of Quality Research Human trafficking is a complex phenomenon requiring a diverse response through quality research to identify and fill gap areas, as well as avoid repeating mistakes in approach.196 197 198 The TIP Report states, “Reliable baseline information, data, and research that illuminates the causes, prevalence, characteristics, trends, and consequences of all forms of human trafficking in various countries and cultures is crucial for developing antitrafficking prevention strategies and measuring their impact.”199 The Importance of Research for Approach No single approach to trafficking will suffice. The trafficking of women for the ends of sexual exploitation in Europe calls for a different method of attack than the trafficking of children for mining work in Africa.200 It is also important to research current NGO approaches to aftercare, especially with the discrepancies in treatment between males and females. The characterization of women and girls

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 19. 197 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 136. 198 Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 10. 196

199 200

Id. Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 136. 44

as being more victim-like has been termed the feminization of victimization.201 Unfortunately, due to this sociological contrast, males are less likely to receive support, or be the subjects of research than females.202 Research is needed for both sides of NGO approach to close the difference in care for survivors of trafficking. The Importance of Research for Statistics Furthermore, the nature of human trafficking is clandestine, and so are the statistics. For that reason, it is difficult to quantify how many people are really trafficked each year. The United States has estimated up to fifty thousand women and children are illegally transported into and sold in the nation annually. However, the cases of fewer than two hundred are prosecuted.203 The discrepancy is referred to as the “dark figure” common to the measurement of illicit activities.204 205

More research is needed to shine light on the this statistical “dark figure” of human

trafficking. Methods of Research: From the Desk and the Field Essentially, two types of research exist for NGOs in the anti-trafficking field: that from the desk (secondary research) and that from the field (primary research). Desk Research Desk research is the collation and/or synthesis of existing research. It is valuable to NGOs because it helps in determining which methods have worked for other NGOs with other populations, as well as exposing statistical data from experienced researchers with special access to particular data sets. Freedom Collaborative (FC)206 is an online platform for anti-trafficking NGOs that has a desk research function, known as Resources. Registered users may recommend and submit articles,

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 175. 202 Id. At 171. 203 Id. At 138. 204 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 138. 205 Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 3.9. https://www.futurelearn.com/courses/slavery 206 freedomcollaborative.org 201

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reports, and other documents to be uploaded on FC. Once a document is uploaded, it is added to the thousands of other documents available for community usage and research. Field Research The other form of research is field (or primary) research. It involves collecting data from research subjects and/or populations directly, then forming usable information from it. Statisticians and other researchers conduct this type of work professionally (and NGOs may certainly benefit from it), but NGOs themselves perform their own informal field research as well. For methodology research, NGOs keep record of their past approaches, the populations with which those approaches were implemented, and the results of such approaches. Additionally, NGOs may connect with each other, listen to each other’s approaches, and learn from their more and less successful approaches. Both are informal but potentially helpful forms of “field” research.207 Certainly, aspects of trafficking are relative to region, culture, and population, and such variables should be kept in mind when conducting field research. Not everything that works for one NGO will work for another, or one population for another. However, it does provide some guidance and place others’ research in context, giving a more nuanced picture of how to address challenges. Crucial Collaboration: Widening the Scope NGO to NGO Collaboration An important criticism of the NGO anti-trafficking movement is that NGOs lack the very collaboration that human traffickers themselves possess and exercise, ironically.208 Indeed, despite the numbers of NGOs in existence, few cooperate with one another.209 Others that do network often treat it as an accessory to their work, not a priority.210 Creating, communicating,

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 175. 208 Id. At 260. 209 Id. At 249. 210 Id. At 248. 207

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and managing collective impact among NGOs with the same core anti-trafficking goal has the extraordinary potential for positive change.211 The TIP Report stresses how crucial it is for NGOs and stakeholders to freely share research and information to enhance collective ability. Reliable research is the backbone of any evidencebased policy or program and anti-trafficking stakeholders have a responsibility to ensure that sufficient attention and effort are dedicated to it.212 Collaboration begins with reaching out, learning what others are doing/have done, seeing what has and has not worked, and identifying gap areas.213 From there, NGOs design and implement projects with partnership in mind, which tends to increase their success, as well as expand “buyin” or participation from other NGOs.214 Additionally, collaboration is crucial to finding the factual common ground(s) between one NGO and another, which helps the brainstorming process for potential partnerships. One should always “begin with the end in mind,” knowing precisely what is the aim or goal of an effort. When conducting a risk analysis of a partnership with another NGO, perform a SWOT Analysis. SWOT stands for strengths, weaknesses, opportunities, and threats. Try examining the weaknesses of an effort first, then the strengths, and finally evaluate threats and how they may be turned into opportunities.215 NGO workers recognize how inconvenient it is to collaborate and how personalities or ideologies may clash, but they also acknowledge the greater connections and benefits derived from working together.216 The lesson here is that worthwhile efforts take persistence and dedication – collaboration included. The needs of NGOs’ clients should take preeminence over idiosyncrasies and

Id. Trafficking in Persons Report. UNITED STATES: DEPARTMENT OF STATE. June 2016. 422. At 10. 211

212

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 318. At 256. 214 Id. 257. 215 Id. 271. 216 Id. 267. 213

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irrelevant distractions.217 Nevertheless, completely forgetting or compromising core identity is usually unnecessary.218 The NGOs Chab Dai and Liberty Asia have partnered to form FC, which serves as an online platform that facilitates NGOs around the world to enter discussions with one another, join webinars, and access data and resources from experts and experienced professionals regarding a wide range of human rights topics.219 It is crucial to not only build collaborative networks, but use them and openly offer one another salient information.220 NGO to Government Collaboration Researchers from NGOs (or elsewhere) must establish good rapport with law enforcement personnel to compile information about offenders’ activities and recognize trends. Sometimes recent survivors of trafficking are reluctant to share information with police, so researchers may collect information and collaborate with the law enforcement to instigate the appropriate legal processes.221 The Importance of Educating the Public The Transatlantic Slave Trade was finally abolished in the 19th century with the use of countless pieces of literature and paraphernalia, and the aid of homegrown, grassroots groups and religious organizations. They, the public itself, took action and spoke loudly against slavery. The modern anti-trafficking movement needs the same collective involvement to eradicate human trafficking. However, the public first needs to be educated with accurate information. Much of the public trafficking education that occurs is haphazard – not strategic. Worse than that, much of it consists of sensationalism, celebritization, or a mix or both. This influences people’s perceptions of trafficking – the most common being that human trafficking is primarily,

Id. 276. Id. 277. 219 Id. 260. 220 Martina E. Vandenberg, Ending Impunity, Securing Justice. 2015. 20. At 16. http://www.htprobono.org/wp-content/uploads/2015/12/FF_SL_AW02_WEB.pdf 221 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 137. 217 218

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if not all, sex trafficking, and that it always involves chains and dark rooms (as seen in many of the popular media and communications). Anti-trafficking advocates with strong stories such as Somaly Mam and Eden are compelling, but the stories have been sensationalized to the point that they leave the impression that the majority of traffickees’ experiences are the same.222 223 Another one of the common public misconceptions is that boycotting is a proper and viable method to combat human trafficking. People, with good intentions, feel repulsed by the fact that many of their consumables and products are tainted by trafficking and slavery, so they “vote with their dollars” in an attempt to defund criminals. However, this often has the precisely opposite effect because it not only defunds the criminals (albeit temporarily), but it also defunds entire communities. In turn, this makes other non-enslaved people more vulnerable to trafficking and slavery.224 The better solution to boycotting is investing in strategic methods to freedom,225 and such should be stressed and made easily available to the public. The Importance of Implementing Anti-Trafficking Laws Since 1815, over three hundred international laws and agreements have been written and ratified to combat slavery and like practices.226 See below for a timeline of legislation against modern slavery/human trafficking in the past century.227 1926

League of Nations Slavery Convention

It obliged governments “to prevent and suppress the slave trade,” and recognized the need “to prevent forced labour from

Mike Ludwig, From Somaly Mam to ''Eden'': How Sex Trafficking Sensationalism Hurts Sex Workers. July 2014. http://www.truth-out.org/news/item/24827-from-somaly-mam-to-eden-howsex-trafficking-sensationalism-hurts-sex-workers 223 Dina Francesca Haynes, The Celebritization of Human Trafficking. NEW ENGLAND LAW: BOSTON. April 2013. 39. At 5. http://lastradainternational.org/lsidocs/Celebritization%20of%20human%20trafficking.pdf 224 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 23. 225 Id. 226 Id. At 41. 227 Julia Bard and David Rosenberg, Contemporary Slavery: Teachers’ Resource. INTERNATIONAL SLAVERY MUSEUM, UNESCO, WISE, UNIVERSITY OF HULL. 74. At 19. 222

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developing into conditions analogous to slavery.” 1930

It defined forced labor as “all work or

ILO Forced Labour Convention

service which is extracted from any person under the menace of any penalty” which has not been offered voluntarily. 1948

Universal Declaration of Human Rights

It states, “No one shall be held in slavery or

(Article)

servitude; slavery and the slave trade shall be prohibited in all their forms.”

1949

UN Convention for the Suppression of

It was drafted to prevent commercial sexual

the Traffic in Persons and of the

exploitation through prostitution.

Exploitation of the Prostitution of Others 1950

European Convention on the Protection

It states, “No one shall be held in slavery or

of Human Rights and Fundamental

servitude,” and “No one shall be required to

Freedoms (Council of Europe) (Article

perform forced or compulsory labor.” It

4)

excludes “work required to be done in the ordinary course of detention” from its definition of slavery.

1953

1956

UN Protocol Amending the Slavery

It transfers the duties contained in the 1926

Convention signed at Geneva on 25

League of Nations Slavery Convention to

September 1926

the United Nations.

UN Supplementary Convention on the

It defines and legislates against a number of

Abolition of Slavery, the Slave Trade,

practices and institutions that are considered

and Institutions and Practices Similar to

similar to slavery, most notably bonded

Slavery

labor, serfdom, forced marriage, and the transfer of children for the purposes of exploitation.

50

1957

1969

ILO Convention (No. 105) Concerning

It obliges governments to suppress “any

the Abolition of Forced Labour

form of forced or compulsory labour.”

Organization of American States (OAS)

It states, “No one shall be subject to slavery

American Convention on Human Rights

or to involuntary servitude, which are

(Article 6: Freedom from Slavery)

prohibited in all their forms, as are the slave trade and traffic in women,” and “No one shall be required to perform forced or compulsory labour.” Like the 1950 European Convention, it excludes work in situations of detention.

1981

African Union (formerly Organization of It states, “All forms of exploitation and African Unity [OAU]) African Charter

degradation of man, particularly slavery,

on Human and Peoples’ Rights (Article

slave trade, torture, cruel, inhuman or

5)

degrading punishment and treatment shall be prohibited.”

1989

UN Convention on the Rights of the

It protects children from all forms of sexual

Child (Articles 34 and 35)

exploitation, including that in prostitution and pornography, and prohibits the abduction, sale, and trafficking of children.

1998

Rome Statute of the International

It established the International Criminal

Criminal Court

Court in Hague, which has jurisdiction with respect to genocide, crimes against humanity, war crimes, and the crime of enslavement.

1999

ILO Convention (182) Concerning the

It addresses the difficulty in distinguishing

Prohibition and Immediate Action for

between excessive and exploitative forms of

the Elimination of the Worst Forms of

child labour and identifies the “worst

Child Labour

forms,” such as slavery, debt bondage,

51

forced labour, recruitment for armed forced, prostitution, and drug trafficking. 2000

2005

UN Protocol to Prevent, Suppress and

It commits states to prevent and combat

Punish Trafficking in Persons Especially

trafficking in persons, to protect and assist

Women and Children (part of the 2000

victims of trafficking, and to promote co-

UN Convention Against Transnational

operation among states in order to meet

Organized Crime)

those objectives.

Council of Europe Convention on

It aims at preventing and combating

Action against Trafficking in Human

trafficking in human beings, while

Beings

guaranteeing gender equality. It also aims at protecting and assisting victims and witnesses, to ensure effective investigation and prosecution, while promoting international cooperation against human trafficking.

2011

ILO Domestic Workers’ Convention

It protects adults and child domestic workers from exploitation in private homes.

2014

UK Modern Day Slavery Bill

The UK government introduces the Modern Day Slavery Bill to Parliament.

As evident, legal prohibition of slavery and slavery-related practices is jus cogens, or at the “peremptory norm” status.228 Essentially, it is customary international law that certain practices are prohibited, and no derogation is permitted – slavery is one of them. Also, it is erga omnes, which indicates that it is a negative human right owed to all to be free from enslavement, irrespective of the controlling government at hand.229

228 229

Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 42. Id. 52

It is established that corruption of government officials and police is necessary for trafficking and exploitation.230 Large-scale operations require the complicity and dismissal of officials to obtain travel documents, facilitate the exit of persons from source countries, and ignore the blatant advertising of traffickers. Governmental corruption is so pervasive that, even at the village level, honest police cannot compete with armed criminals. Moreover, taking a bribe worth a hundred times more than their monthly salaries is often the safest thing to do.231 Some governmental agencies and officials tend to blame the victims and prosecute them for trafficking-related offenses (like illegal migration and labor), which only leads to a lack of justice and worsens the situation.232 The widespread governmental corruption leads to complicity with human trafficking perpetrators. In some places, like India, the situation is such that NGOs’ attitudes consist of circumventing the government altogether because it simply is not worth the trouble, due to the corruption and governmental indifference.233 Governments do not adequately address trafficking issues because officials directly and indirectly profit from exploitation, and there are other endeavors they are occupied with that make more profit than addressing trafficking. Sex tourism also brings in money to economies, which is a strong incentive to tolerate the sex trafficking that propels it.234 Recommendations for Implementation The key to implementing already existent anti-trafficking laws is enabling corrupt and anemic governments to fix themselves. Often NGOs take on the governments’ jobs and functions, thus inhibiting progress.235 It is crucial to communicate the freedom dividend to governments. That is,

Glenn Miles and Christa Foster Crawford, Stopping the Traffick: A Christian Response to Sexual Exploitation and Trafficking. 2014. 92. 231 Id. At 16. 232 Id. At 143. 233 Id. 234 Kevin Bales, Understanding Global Slavery: A Reader. 2005. 212. At 15. 235 Ending Slavery: Strategies for Contemporary Global Abolition. THE UNIVERSITY OF NOTTINGHAM. 4.4. At 4.4. https://www.futurelearn.com/courses/slavery 230

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all the benefits that come along with emancipation, from decreased unemployment to economic stimulation.236 Many developing countries that struggle with human trafficking have strong cultural emphases on reputation. Officials must not “lose face” either toward the citizens or the greater global forum. Thus, the emphasis should not be on shaming the governments for what has happened, but the threat of shame for what will occur if they do not act.237 NGOs may carefully document cases of trafficking and exploitation, though they may not necessarily have direct contact with anti-trafficking lawyers. Then, through collaborative means, influence governmental policies and legislation.238 CONCLUSION From beginning to end, this manual has laid out the various facets and threads of global human trafficking. The manual began with an analogy of what it means to “be in the dark” regarding a topic and how important it is to “shine light” on it. This manual has been written with the express intention of making the world of human trafficking a little bit more known than before. May we shine light on the dark corners of our understanding in preparation to shine light on our world.

Id. Id. 238 Martina E. Vandenberg, Ending Impunity, Securing Justice. 2015. 20. At 16. http://www.htprobono.org/wp-content/uploads/2015/12/FF_SL_AW02_WEB.pdf 236 237

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TIER 3 RECOMMENDED READING LIST

Factors Overview Aimee Brammer and Julia Smith-Brake, Journey of Change: A Chab Dai Study on the Trends & Influencing Factors on Counter-Trafficking in Cambodia, 2003-2012. CHAB DAI. June 2013. 102. https://static1.squarespace.com/static/55a81f9be4b01a30079bb9d3/t/5745e5d7ab48de4c0a4880d 3/1464198632901/Chab+Dai+Journey+of+Change.pdf

Research Dina Siegel and Roos de Wildt, Ethical Concerns in Research on Human Trafficking. December 2015. 277. Jeanne Crump, The Global Slavery Index: Helpful or Harmful?. HUMAN TRAFFICKING CENTER. June 2016. http://humantraffickingcenter.org/global-slavery-index-helpful-harmful/ Anne Gallagher, The global slavery index is based on flawed data – why does no one say so?. HUMANITY UNITED. November 2014. https://www.theguardian.com/globaldevelopment/poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-traffickinganne-gallagher Anne Gallagher, Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports. HUMAN RIGHTS REVIEW. September 2011. https://www.researchgate.net/publication/226418733_Improving_the_Effectiveness_of_the_Inter national_Law_of_Human_Trafficking_A_Vision_for_the_Future_of_the_US_Trafficking_in_Pe rsons_Reports

Collaboration Kirsten A. Foot, Collaborating Against Human Trafficking: Cross-Sector Challenges and Practices. September 2015. 230. John Kania and Mark Kramer, Collective Impact. STANFORD SOCIAL INNOVATIVE REVIEW. 2011. 66. http://c.ymcdn.com/sites/www.lano.org/resource/dynamic/blogs/20131007_093137_25993.pdf

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Public Understanding Mike Ludwig, From Somaly Mam to ''Eden'': How Sex Trafficking Sensationalism Hurts Sex Workers. July 2014. http://www.truth-out.org/news/item/24827-from-somaly-mam-to-eden-howsex-trafficking-sensationalism-hurts-sex-workers

Legal Implementation Martina E. Vandenberg, Ending Impunity, Securing Justice. 2015. 20. http://www.htprobono.org/wp-content/uploads/2015/12/FF_SL_AW02_WEB.pdf Jacqueline Bhabha, Trafficking, Smuggling, and Human Rights. 2005. MIGRATION INFORMATION SOURCE: FRESH THOUGHT, AUTHORITATIVE DATA, GLOBAL REACH. March 2005. http://www.migrationpolicy.org/article/trafficking-smuggling-and-human-rights/

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