Anti-Trafficking Review

Number 1, 2012

5
Editorial

Authors: Anne Gallagher

Abstract

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It is my great pleasure and honour to welcome readers to the first issue of the Anti-Trafficking Review. For those of us who have been working on the problem of human trafficking for many years, the emergence of a specialist journal is an important sign of progress – a welcome confirmation that our area of work and study has well and truly moved from the margins to the mainstream of international attention and concern.

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GRETA’s First Years of Work: Review of the monitoring of implementation of the Council of Europe Convention on Action against Trafficking in Human Beings

Authors: Julia Planitzer

Abstract

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The monitoring mechanism of the Council of Europe Convention on Action against Trafficking in Human Beings (CoE Convention) consists of an independent group of experts (GRETA) and a Committee of Parties. GRETA, which began work in 2009, develops questionnaires for States Parties, reviews their replies and conducts study visits. Itthen produces a report that is used by the Committee of Parties to make recommendations. This article analyses GRETA’s work until November 2011 by assessing the available materials including the questionnaire, the three published replies of States Parties to the questionnaire and the five published final reports on the parties. The objective of the article is to examine the capacity of this process to contribute to enhancing the accountability of States Parties, and to consider whether the application of a human rights-based approach by the parties can, in fact, be effectively monitored. The article also considers the role of civil society in the monitoring process and the ways in which this could be enhanced

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Sex Trafficking, Law Enforcement and Perpetrator Accountability

Authors: Holly Burkhalter

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In theory, everyone – except for criminals involved in their exploitation - agrees that children must not be in the sex industry and further, that those who prey on them must be prosecuted and punished. Virtually every country in the world has adopted national laws prohibiting the commercial sexual exploitation of children. International law is clear on this point, as well. Yet, when governments – and NGOs working with them – take action to extract children from commercial sex venues, common ground on protecting children from abuse can quickly erode with concerns about the efficacy of police intervention, the possibility of collateral harm to consenting adult sex workers or a decrease in access to HIV-prevention and related health services. The author argues that healing this divide must come through the reform of local police – and that, without the participation of law enforcement, there can be no long-term protection for children vulnerable to trafficking and related exploitation. In this article, human rights practitioner Holly Burkhalter argues that healing this divide must be accomplished through the reform of local police – and that human rights advocates, local governments and others seeking to combat trafficking cannot achieve long-term, sustainable protection for children without the involvement of law enforcement.

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Accountability and the Use of Raids to Fight Trafficking

Authors: Milissa Ditmore, Juhu Thukral

Abstract

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Accountability in anti-trafficking efforts is a crucial but often overlooked aspect of deciding whether such efforts are truly rooted in a human rights framework. In a rush to help, and inspired by sensationalised views of what human trafficking is, many campaigns actually harm the very people they are supposed to assist. Law enforcement raids are one such effort, as they do not take into account the very different power dynamics between the actor engaging in the raid, and the person who is subject to the raid. Data from the United States suggests that raids conducted by local law enforcement agencies are an ineffective means of locating and identifying trafficked persons. Research also reveals that raids are all too frequently accompanied by violations of the human rights of trafficked persons and sex workers alike, and can therefore be counterproductive to the underlying goals of anti-trafficking initiatives. Findings suggest that a rights-based and “survivor-centred” approach to trafficking in persons requires the development and promotion of alternative methods of identifying and protecting the rights of trafficked persons which prioritise the needs, agency, and self-determination of trafficking survivors. They also indicate that preventative approaches, which address the circumstances that facilitate trafficking in persons, should be pursued over law enforcement based responses.

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A Lie More Disastrous than the Truth: Asylum and the identification of trafficked women in the UK

Authors: Abigail Stepnitz

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Number of views: 423

This article explores the impact that nationality can have on a person’s experience of being identified as a victim of trafficking in the UK. Responses to individuals and disparities in rates of recognition depending on nationality are cause for great concern. The rhetoric and the response to women who have experienced trafficking varies considerably depending upon the citizenship, residency and documentation status of the individual, particularly highlighting the differential treatment of trafficking cases of British women, European Union nationals, and third-country (non UK, non EU) nationals, the majority of whom are also asylum seekers. This differential treatment is played out in multiple ways, many of which result in women’s inability to realise procedural and substantive rights. The article examines the use of official “identification” mechanisms that place women into the administrative category of “victim”, and the central role of the asylum system in all areas of UK anti-trafficking responses.

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Accountable to Whom? Accountable for What? Understanding anti-child trafficking discourse and policy in southern Benin

Authors: Neil Howard

Abstract

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Number of views: 405

In Benin, anti-child trafficking discourse misrepresents the nature of youth labour migration, while anti-child trafficking policy fails to protect those “beneficiaries” in whose name it is officially designed. Despite this, both have remained stable for over a decade. This paper attempts to explain why. It argues that, in contrast to claims made by many other critiques of anti-trafficking work that policy makers are either ignorant or malevolent, here discourse and policy are hampered more by the conceptual, institutional and political structures within which they are developed and articulated by individuals, thereby ensuring discursive and policy stability despite inaccuracy and failure.

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The Road to Effective Remedies: Pragmatic reasons for treating cases of “sex trafficking” in the Australian sex industry as a form of “labour trafficking”

Authors: Frances Simmons and Fiona David

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Internationally, it is widely recognised that labour law and associated protections are a critical part of any comprehensive response to trafficking in persons. In this article, we argue that while Australia has taken some important steps to incorporate labour protection systems into the anti-trafficking response, there is still more work to be done. In particular, the federal, and state and territory governments have yet to take up the opportunity to link anti-trafficking efforts with initiatives aimed at improving the working conditions of workers in the sex industry. We suggest this reflects a common—but unjustified—assumption that “labour trafficking” and “sex trafficking” are distinct and different species of harm. As a result of this distinction, workers in the Australian sex industry—an industry where slavery and trafficking crimes have been detected— are missing out on a suite of potentially effective prevention interventions, and access to civil remedies. We argue that there is a need to provide practical and financial support, so that the national industrial regulator, the Fair Work Ombudsman, can work directly with sex worker advocacy groups, to examine opportunities and barriers to accessing the labour law system, particularly for migrant sex workers.

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“We have the right not to be ‘rescued’...”*: When Anti-Trafficking Programmes Undermine the Health and Well-Being of Sex Workers

Authors: Aziza Ahmed, Meena Seshu

Abstract

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This paper highlights the impact of raid, rescue, and rehabilitation schemes on HIV programmes. It uses a case study of Veshya Anyay Mukti Parishad (VAMP), a sex workers collective in Sangli, India, to explore the impact of anti-trafficking efforts on HIV prevention programmes. The paper begins with an overview of the anti-trafficking movement emerging out of the United States. This U.S. based anti- trafficking movement works in partnership with domestic Indian anti- trafficking organisations to raid brothels to “rescue and rehabilitate” sex workers. Contrary to the purported goal of assisting women, the anti-trafficking projects that employ a raid, rescue, and rehabilitate model often undermine HIV projects at the local level, in turn causing harm to women and girls. We examine the experience of one peer educator in Sangli to demonstrate and highlight some of the negative consequences of these anti-trafficking efforts on HIV prevention programmes.

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Measuring the Success of Counter-Trafficking Interventions in the Criminal Justice Sector: Who decides—and how?

Authors: Anne Gallagher and Rebecca Surtees

Abstract

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Number of views: 410

Global concern about human trafficking has prompted substantial investment in counter-trafficking interventions. That investment, and the human rights imperatives that underpin counter-trafficking work, demand that interventions demonstrate accountability, results and beneficial impact. How this can happen in practice is complicated and contested. This article, which considers success measurements with respect to criminal justice interventions, seeks to cut through the complexities presented by multiple theories and elaborate methodologies by focusing on one key issue: who decides success, and how? A review of evaluation reports and interviews with practitioners confirm that determinations of success (or failure) will vary according to: (i) who one consults and their role in the intervention; (ii) the criteria against which success is measured; and (iii) the assumptions that are built into that criteria. Each aspect is considered with reference to examples and insights drawn from recent practice. A major finding of the article is that the lack of an overarching vision of what “success” might look like allows mediocre or even harmful interventions to flourish and good work to go unrecognised and unrewarded.

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Using Human Rights to Hold the US Accountable for its Anti-Sex Trafficking Agenda: The Universal Periodic Review and new directions for US policy

Authors: Kari Lerum, Kiesha McCurtis, Penelope Saunders, Stéphanie Wahab

Abstract

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Number of views: 419

Since the passing of the Trafficking Victims Protection Act of 2000, anti-trafficking efforts have grown in funding, political strength, and popular-culture appeal in the United States and globally. Particularly influential in shaping anti-trafficking policy in the United States are anti-prostitution advocates who are primarily concerned with rehabilitating sex workers and eradicating sexual commerce. Simultaneous to the development of prohibitionist anti-trafficking and anti-prostitution efforts in the US, movements for sex worker rights have also grown in strength and visibility, influencing a variety of cultural, academic, and public health arenas. While sex worker activists have widened the dialogue around sex workers’ rights, their