Human Trafficking: A Global Issue

AUTHOR’S PROFILE: It has been written by Nikita Saha, a Final Year Student of the B.A.LL.B. (Hons.) program at Assam University, Silchar.

“Human rights are not a privilege conferred by government. They are every human being’s entitlement by his humanity.”

- Mother Teresa

INTRODUCTION

Human trafficking is a global problem that is becoming worse. Human trafficking affects millions of individuals every year, including children, women, and men, all across the world. Human trafficking takes place in even the most developed countries and cities. The root cause of such a global problem is poverty. Human trafficking is a much wider issue that involves a wide range of people being forced into various labour businesses. Victims may be found in child care, the drug trade, massage parlours, salons, restaurants, hotels, and factories. Some are kept hidden behind closed doors as domestic servitude. Others work in public places such as exotic dance clubs, factories, or restaurants, where they interact with people daily and are compelled to work in extreme conditions. Victims are also used for commercial sex in a variety of settings, including street prostitution, illicit massage parlours, cantinas, brothels, escort services, and online advertising.

CONCEPT OF TRAFFICKING

The term “trafficking” in a legal sense means buying or selling illegal goods. It is usually a trade that is prohibited, like drugs[i]. Trafficking can be of goods as well as human beings. Trafficking in persons is considered the most immoral, it not only violated basic human rights but also leads to huge exploitation. The was no specific definition of trafficking before the year 2000, but soon the General Assembly of UN in its “Protocol to Prevent, Suppress and Punish Trafficking in Persons” defined trafficking in person as “the recruitment, transportation, transfer, harbouring or receipt of persons, using the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for 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”[ii]. Therefore it is a global crime where people of all ages and gender are exploited around the world.

CAUSES AND MODES OF HUMAN TRAFFICKING

When individuals are transported by the means of force or deception for exploitation is known as human trafficking or trafficking in persons. The persons involved in the selling and buying process are called traffickers. Human trafficking is caused by several circumstances, including low socioeconomic situations, unemployment, natural disasters (floods and cyclones), migration, a lack of education and awareness, discrimination, online pornography, and others.

The United Nations Office on Drugs and Crime launched a report “Global Report on Trafficking in Persons” which revealed that the most common form of human trafficking is sexual exploitation which is around 79%, and then is bonded labour at 18%[iii], out of which majority of the victims are women thus reflecting the prevailing condition of women in the society. Human trafficking can be for the following ends –

1. For various illegal activities - forced criminality, bonded labour, begging, skin trafficking, organ trafficking.
2. For sexual exploitation - sexual exploitation, child trafficking, forced criminality, forced marriage, online trafficking, Sex tourism, pornography.
3. Other reasons –forced marriage, exploitation in the tainment industry.

The Global Slavery Index, 2018 ranked India 53 out of 167 countries, and according to its report, 55.49% of India’s population are vulnerable to modern slavery.[iv] According to the NCRB reports of 2019, 1141 were trafficked for forced labour, 2080 for sexual exploitation for prostitution and 364, for domestic servitude, 227 for forced marriage.

IMPACT OF THE COVID-19 PANDEMIC ON TRAFFICKING

The Covid-19 has had an impact on people throughout the world, especially the most vulnerable and weaker members of society. Travel and movement were restricted during the pandemic, schools and institutions were closed, and many individuals lost their jobs. All of this has resulted in a significant increase in the number of cases of human trafficking across all countries.

The pandemic has a grave impact on the migrants. Thousands of them lost their jobs. Many came from other towns and countries, making it difficult for them to return home in a pandemic situation. Many walked to their cities. They came from poor families and losing their jobs due to the pandemic meant that they had no money and no food to feed their families. Surveys and interviews show that migrant domestic workers who have been confined to private houses are exploited by abusive employers[v]. According to the International Labor Organization, the 2020 pandemic's lockdowns have impacted 81% of the global workforce.

Several travel restrictions imposed during the epidemic reduced the number of cases of organ trafficking as it was difficult to obtain organs from another country. Given a large number of unemployed people, organ traffickers are likely to prey on the most vulnerable people by persuading them to sell their organs. If medically-driven travel and kidney sales resume, many more vulnerable people may be willing to sell their body parts to assist family members.

Sex trafficking appears to have continued unabated during the covid crisis, from street-based prostitution, escorts, or brothels to online pornography, webcamming, and the like. Young women in the US and the UK who are unable to pay their rent or who are financially vulnerable are subjected to extortion by their landlords. According to a survey conducted by the National Fair Housing Alliance in the United States, 13% of organizations have witnessed an increase in sexual harassment complaints since the beginning of the pandemic.[vi]

As a result of the pandemic, many schools were closed, forcing many children to drop out. According to the United Nations Educational, Scientific, and Cultural Organization, school closures in 194 nations affected 90 % of the world's pupils at the preprimary, primary, secondary, and higher education levels at the peak of the lockdowns in April 2020. Others faced financial difficulties and were compelled to work to support their families. They have been trafficked for a variety of reasons, including sexual exploitation, forced marriage, forced begging, and forced criminality, especially on the local levels. Child marriages and child labour were the most common scenarios. According to Patna’s Centre DIRECT, 362 children were rescued in 2020 and another 136 have been rescued so far in 2021 — all working in the factories of Jaipur[vii]. As per the reports of NCRB, there were around 2,260 incidents of human trafficking in the year 2019 and 2278 in 2018. [viii]

Children and adolescents who are at home and away from school services are becoming increasingly exposed to cyber predators. These predators are well aware that many children would be isolated as a result of their daily online activities. Given the pandemic's obstacles, parents may be unemployed and/or distracted. Meanwhile, if they have a child living with them, predators will have more time to download material and/or create content. There has been a huge increase in the number of people affected by the pandemic since it began.[ix]

In response to these concerns, the Indian Ministry of Home Affairs' Women Safety Division has issued an advisory, which has been in effect since July 2020, advising all states and Union Territories to establish new Anti-Human Trafficking Units (AHTUs) and to upgrade infrastructure in existing ones. In India, AHTUs are special police units dedicated to combating human trafficking. But a recent analysis from 16 states and UTs found that 225 AHTUs only existed on paper, with only 27% of them being active. While the MHA recommendation has piqued the interest of anti-trafficking advocates, there has been an uptick in demands for speedy implementation. The proposed bill includes specific provisions to penalize traffickers. It prescribes imprisonment of 7 years which can be extended to 10 years or a fine up to Rs 5 lakh. The bill also authorizes the National Investigation Agency to take cognizance of human trafficking cases.[x]

TRAFFICKING: A GLOBAL ISSUE

● Poverty - Poverty leads to human trafficking. Human traffickers lure the poor by offering employment, education, and a better standard of living. Traffickers take advantage of victims' desire to escape poverty by forcing the most vulnerable to work for little or no pay, such as prostitution or labour. Victims are induced to work to pay off debts by threatening them with abuse, police involvement, or other consequences if they do not. Some parents even sell their children to human traffickers to break free from poverty.

● Child Welfare System - Children are the most vulnerable to human trafficking, particularly when they have no guardian or are in various care homes. The child welfare system is a public body that provides social services to children and their families. Foster children are ten times more likely to be sexually assaulted than children who live with both biological parents, according to a report by the Darkness to Light Foundation on Child Sexual Abuse[xi]. The traffickers are usually somebody the child knows and trusts. They initially entice the child with numerous gifts, delicacies, or lavish items and then force or manipulate the child into labour or sexual exploitation. Based on the Trafficking in Persons Report released in June 2019 affirmed that children in the child welfare system, juvenile justice system, and foster care are the vulnerable category at risk[xii]. Moreover, as per the National Foster Youth Institute, 60% of child sex trafficking victims have previously been involved with the child welfare system[xiii].

● Refugees or Ethnic Minorities - Many Rohingyas, a minority ethnic group in Myanmar, have been forced to flee to Bangladesh as a result of the never-ending ethnic cleansing of the Rohingyas. Bangladesh's refugee camps house more than 600,000 people.[xiv] Traffickers benefiting from the hardship of people stranded in the camps lure them to work, marry, or reconcile with the family. They are subsequently transferred to Malaysia, where they are compelled to work for free. Refugees are tortured, some are sold as domestic servants, while others are raped and killed by human traffickers. Recently in an instance, a gang that transported young female Rohingya refugees to Malaysia via India was caught by the Bangladesh police force.[xv] The majority of them are sold into sex work.

● Persons with Disabilities and Mental Illness - People with disabilities are subject to social discrimination and are often overlooked by society. Thus, they are more likely to be targeted by traffickers than people without disabilities or mental illness. People with disabilities mostly depend on close people such as guardians, caretakers, etc., for their basic needs. Because of this dependency, disabled people are often trafficked by people close to them. While people with disabilities may be trafficked for sex or labour, many cases also entail the theft of Social Security and disability benefits.[xvi]

● Racial Discrimination and Foreign Nationals - Many foreigners have experienced racial discrimination and violence in their native countries, making them easy targets for human traffickers. The traffickers promise them jobs, but they are later forced to work as domestic servitude and sexually exploited. Foreign victims generally lack identification documents and are afraid of deportation. They sometimes enter the nation with fake passports provided by the traffickers, and sometimes their original documents are seized by the traffickers. As a result, they are afraid to seek help owing to a lack of documentation. They also lack knowledge regarding the foreign country's laws, rights, language, and culture, as well as the support services available to them. According to the National Human Trafficking Resource Center stated that foreign nationals in the U.S made up 62.8% of labour trafficking victims and 9.6% of sex trafficking victims in 2015.[xvii]

● LGBT – LGBT individuals face huge social discrimination, making them easy targets for human traffickers. They are generally rejected by their families, have previously experienced abuse or neglect, faced social discrimination, or are bullied. Thus many leave home for these reasons, leaving them exposed to human traffickers who exploit them into a life of servitude. In the US, nearly 40% of homeless youth identify as LGBT. They are more likely to be targeted for sex trafficking. Cultural biases, homophobia, sex and gender discrimination, economic difficulties, generational hatred, and social stigma make LGBT youth particularly vulnerable to exploitation. Most laws do not identify them, making it difficult for individuals to ensure their safety.[xviii]

INTERNET: A TOOL FOR EXPLOITATION

Human sex trafficking is on the rise all around the world, due to the internet and digital technology. According to the ILO, 4.8 million people worldwide are victims of forced sexual exploitation, with children accounting for 21% of those affected. The digital world has transformed the way people are hired and advertised, as well as created new types of exploitation like webcam sex. Criminals use threats, deception, money, drugs, and other means to force their victims to sell sex from which they earn. Many are offered jobs in the entertainment business, while others are deceived and compelled to do sexual favours in the name of love and romantic relationships. Women and girls make up 96% of the victims. They are manipulated into leaving their homes and being forced into prostitution in another country. Some girls are even forced to sell sex by their families to make money. With a yearly profit of $100 billion, it is a big profitable industry. [xix]

ROLE OF NGOs IN COMBATING HUMAN TRAFFICKING

NGOs have been at the forefront of the fight against human trafficking for a long time and thus are the main actors working on prevention at the grassroots level. NGOs play an essential role in raising public awareness. They provide victims with basic information, support, and help. There are several non-governmental organizations (NGOs), some of which are concerned with investigation and prosecution, raising various human rights violations, and seeking justice. Some people are interested in raising awareness and providing assistance to victims. Human trafficking victims were rescued, protected, and rehabilitated by several organizations. Their activities are also targeted at preventing youngsters from becoming victims of human trafficking. Their work involves in-depth study and collaboration with a range of other NGOs to broaden their impact across the country. These organizations work on topics like education, health, and child and women's trafficking. Some NGOs also provide health care, literacy, and nutrition to children in red light areas.

Government and non-government organizations are working together to prevent, protect, rehabilitate, and reintegrate trafficking victims and vulnerable people. Though prevention is the most effective method for reducing or eliminating human trafficking, it is also the least used. It could be due to a scarcity of methods for measuring the efficiency or outcome of preventative measures. Some NGOs are still working on it. In reality, NGOs have been pioneers in bringing this hidden crime into the public eye through their tireless efforts. [xx]

CONCLUSION

The battle against human trafficking on a global scale is far from over. The state must ensure that the victims are provided with necessary aid and assistance. Human trafficking laws must be strengthened and implemented strictly to ensure that it meets all standards for preventing such crime. Many national and international seminars, conferences, and awareness camps might be held throughout the country to bring the general public and the government together to combat trafficking. Human trafficking mostly affects people who live below the poverty line. Hence, the crime of human trafficking can be drastically reduced if the government assists the destitute and provides them with proper education and job. Our ultimate goal should be toward a society where human trafficking is recognized, condemned, and eventually eradicated. Only then the fight against human trafficking can be won.

FAQ –

Q. When is World Human Trafficking Awareness Day celebrated by the United Nations?

A. 30th July.

REFERENCES

[i] “Human Trafficking” Merriam-Webster.com Dictionary, Merriam-Webster. <https://www.merriam-webster.com/dictionary/human%20trafficking > accessed 31 October 2021.

[ii] “Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime”, United Nations Human Rights.

[iii] “UNODC Report on Human Trafficking exposes a modern form of slavery”, United Nations.

[iv] India, Country Data 2018, Global Slavery Index. <https://www.globalslaveryindex.org/2018/data/country-data/india/> accessed 1st November 2021.

[v] “The Effects of the Covid-19 Pandemic on Trafficking in Persons and the Responses to the Challenges.” Reliefweb (9 Jul 2021). <https://reliefweb.int/report/world/effects-covid-19-pandemic-trafficking-persons-and-responses-challenges > accessed 2nd November 2021

[vi] “The Evolution of Human Trafficking During the Covid-19 Pandemic” Council on Foreign Relations. <https://www.cfr.org/blog/evolution-human-trafficking-during-covid-19-pandemic> accessed 2nd November 2021

[vii] Sushmita Ghosh, “Covid-19 made poor more vulnerable to child trafficking, say NGOs”. India Today (June 8, 2021, New Delhi) <https://www.indiatoday.in/coronavirus-outbreak/story/covid-19-poor-marginalised-vulnerability-child-trafficking-ngos-1812519-2021-06-08> accessed 3rd November 2021

[viii] Human Trafficking Cases – 2019, NCRB <https://ncrb.gov.in/sites/default/files/crime_in_india_table_additional_table_chapter_reports/Table%2014.1_5.pdf> accessed 2nd November 2021

[ix] Ambika Pandit, “Trafficking goes online during a pandemic” The Times Of India. (Jul 12, 2011, New Delhi) <https://timesofindia.indiatimes.com/india/trafficking-goes-online-during-pandemic/articleshow/84333327.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst> accessed 3rd November 2021

[x] Jaffer Latief Najar, “Human Trafficking in India: How the Colonial Legacy of the Anti-Human Trafficking Regime Undermines Migrant and Worker Agency” LSE. <https://blogs.lse.ac.uk/humanrights/2021/02/11/human-trafficking-in-india-how-the-colonial-legacy-of-the-anti-human-trafficking-regime-undermines-migrant-and-worker-agency/> accessed 3rd November 2021

[xi] Child Sexual Abuse Statistics, Darkness To Light.

[xii] “Trafficking In Persons Report, June 2019.” Department of State, United States of America.

[xiii] “Foster Care and Human Trafficking” Voices for Children. (Jan 30, 2020) <https://www.speakupnow.org/foster-care-and-human-trafficking/> accessed 5 November 2021

[xiv] Andrew Fagan, “The Rohingya, Genocide and a New Dawn for Myanmar”, E-Interrnational Relations. (6 Dec 2015)

[xv] “The Rohingya Crisis: Refugees and Human Trafficking Networks” Turkish Policy. (June 3, 2020) < http://turkishpolicy.com/article/1013/the-rohingya-crisis-refugees-and-human-trafficking-networks#_ftnref16> accessed 5 November 2021

[xvi] Lydia Sharp, “Human Trafficking of People with Disabilities” Public Interest Law Initiative. <https://pili.org/news/human-trafficking-of-people-with-disabilities/> accessed 5 November 2021

[xvii] Caroline Fish, “Protected, Not Removable: Foreign National Trafficking Victims and the Important Policies of the Trump Administration” The National Law Review. (Volume XI, Number 313)

[xviii] Katie Sgarro, “Outlaws: Exposing the global human trafficking of LGBTQ youth” Thomson Reuters. (18 June 2020) <https://www.thomsonreuters.com/en-us/posts/legal/outlaws-exposing-lgbtq-human-trafficking/> accessed 3rd November 2021

[xix] Caitlin Allen, “The Role of the Internet on Sex Trafficking” International Observatory Human Rights. (7 March 2019) <https://observatoryihr.org/blog/the-role-of-the-internet-on-sex-trafficking/> accessed 5 November 2021

[xx] “Module 10: The Role of Civil Society and the Private Sector in Countering Trafficking in persons” The Doha Declaration: Promoting A Cultural Of Lawfulness. UNODC.

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