Human TraffickingHuman TraffickingHuman TraffickingMany women and young girls dream of having a better life. They are willing to travel across the ocean to other countries that would offer them better opportunities. One of their main goals is be able to provide for themselves and their families financially. However, in their lifetime they could never imagine that their dreams would be shattered by a horrendous act called human trafficking. Every year, these unfortunate victims are either lured, sold, or forced against their will into a black-market of human trade known as human trafficking.
Human trafficking is a global phenomenon and is the criminal commercial trade of human beings. This act exploits human beings in involuntary acts such as forced labor, prostitution, and psychological and physical abuse. Human trafficking deprives people of their human rights and freedom; it is also a global health risk due to infectious diseases like AIDS and cervical cancer. (U.S. Department of State, 2006) This kind of exploitation should not be happening. It is appalling and morally unacceptable that this still exists in our society.
Each year, roughly 600,000 to 800,000 women and children are trafficked across international borders; about 80% of them are women and young girls, and up to 50% are children (Herro, 2006) According to International Labor Organization (ILO) estimates, there are 20 millions people enslaved in bonded labor around the world. It is recognized that out of 192 countries worldwide, 143 are involved in human trafficking. Asia being the region that has the most trafficked persons; Africa is second and followed by Europe. (Getu, 2006)
Human trafficking has become one of the fastest growing criminal enterprises in the world. According to the United States Federal Bureau of Investigation, it is the third largest criminal industry, with revenues totaling $9.5 billion annually. Surprisingly enough, this is expected to exceed the other two criminal industries, which are narcotics and firearms. (Harvard Law Review, 2006) The criminals are making an astounding amount of money out of these victims suffering.
What caused the high demand of human trafficking? There are a few major contributing factors, including: poverty, cheap labor, and sexual exploitation. In some countries where trafficking occurs more than 50-60% of the population live on a dollar a day. (Getu, 2006) That is barely enough to provide for themselves, let alone for their family. These women cannot find a decent-paying job because they have no skills, they lack education, they are discriminated against, and they have very few resources. They have no other means or choices but to face and accept the only option that is given to them: to get any low paying job that they could find to support themselves and their family. Many women travel far distances in hopes of finding any paying job. They desperately take any job offered without knowing what it entails.
The Trafficking in Persons Act
A number of provisions of the Trafficking in Persons Act (TWO, 2003) allow for some of the most extensive legislation on human trafficking in the country. According to a 2002 report produced by the Department of Justice, one of the most sweeping reforms was the elimination of the requirement that a woman had a job and for all to use their means of transport to obtain employment. This meant that, by 2008, all working women were free to choose between employment, transportation and women’s rights. In 2012, under the Trafficking Victims Protection Act, workers of all ages could work the same day.
Today’s National Security Law (NSPA) provides that in order for a woman to obtain employment under the NSPA, a client or member of her family must have the “good will”, and she must be present in the “good time”, together with a copy of the NSPA.
A third aspect of the Trafficking in Persons Act was put in place since 1996, which also required women who were deemed victims to have a right to stay in the country for three months. In 2006-2008, women working in foreign countries for a minimum of one year or more were required to register their cases with the United Nations Office Internationally Registered Persons so that they could be deported. They could not seek employment or work in the country as refugees.
All women in the country must have access to their health care in order to obtain healthcare and the rights enshrined by the NSPA and all other civil and administrative provisions of the NSPA, which include the “security” of women. But as part of the NSPA, there was limited access to reproductive healthcare and the right to choose the quality of women’s education.
These women were also subjected to all sorts of abuse and other discrimination, including sexual harassment, exploitation and rape that must have been suffered for life. They were forced into prostitution, and in one instance were forced to provide sexual services while they were raped.
When the NSPA was introduced in June 2003, it increased the number of women covered under the criminal justice law which included rape victims, including in this case for three years. The law now covers just 3% of women in the country (see the Trafficking in Persons and Protection in the United States section of this web page). This means that by 2013-2008, all women under 19 year old who live in the country are covered.
Although under the NSPA, women must not be trafficked for sexual or medical services or paid remuneration – this is still a relatively new matter – a number of women now have opportunities to work under the protection of an independent agency as per Article 11 of the laws. The law permits the private employers to give women compensation on the condition they make certain that none of the compensation should be used to support the child of either the woman or the girl under 14 who lives in the country. These women also have the right to remain independent and are able to take out a share of the compensation paid by the employer which is then made available to them by the worker or an agency. In October 2002, the Ministry instituted these legal procedures, which require all women in the country to sign a list of their legal guardians
• Article 14(1) of the NSPA allows women to sue for unpaid tax or other compensation when their family is involved in exploitation, or when they are under a family law discrimination (S. 9, 7). The new Article is intended to remove the barriers that have prevented women from being able to continue working within such a restrictive regime. In August 2013, the minister referred to this work in writing to introduce a requirement that all employers sign written agreements with women to ensure that the contract they signed does not include a breach of rights. The new law gives employers legal rights to force their women to work within their workplace if they have committed a health or safety offence. In 2012, the legislation was amended in order to make it possible for women who work outside the labour market to sue for unpaid taxes. Section 7 of the law provides that the same is not true for foreign workers. This has led to the creation of this new legal framework, where such workers can seek legal relief via the work contract and also to require the pay scales from which they are paid to be applied. The new Act gives local authorities the power to issue decrees and other powers to local authorities that take effect and require local firms to take on the legal rights of foreign workers. Women working in the country are entitled to a legal representation if they were employed by a company while they were under 18. While this may not necessarily work. However, the law may be applied to young and unemployed mothers which the family may see as a means to help them find work as a result of their involvement in the country’s labour market
• Act 1: Local governments and other entities Can legislate on behalf of local men within their respective jurisdictions. When a non-governmental organisation works with local labour authorities or to make recommendations on their development on women working locally or in other non-governmental organisations, the public service shall take the view that there should be a provision for a public consultation on the issue in relation to such legislation being implemented locally. Under the proposal the Commission of Audit and the Local Government Commission, which is responsible for the reporting and reporting of work undertaken by Local Authorities and for the monitoring of Work Programme programmes, shall ensure that any specific action plan taken by local authorities or the council or the Board of Management of the Local Authorities will take account of any applicable national legislation. If some matter in the Local Government Commission or its local Council is referred to the Commission for action on behalf of Local Authorities and, if the situation develops, a public hearing should be held to take into account the concerns of those concerned. This is particularly important when work undertaken by the local authority is of such a nature that it is used as an ongoing process, while further private organisations also have the power to have the local authority’s work taken into consideration or to review it under any circumstances. The provisions of Part III of the Act provide that the Commission of Audit and Local Government Commission can act on behalf of local authorities not only in accordance with the provision for a public consultation on the issue at hand, but also regarding legislation taking up or in question, to identify and report the activities of local authorities
• Act 4: Local authorities under law Can work with local local courts to order remuneration for their staff working at the local community and other public bodies under the jurisdiction of their local council. The same law is also possible with local authorities wishing
In 2001, the Ministry also started to make this work mandatory in the case of rape of minors. Such information was brought to the attention of the local police and they began to inform the government as well as the NSPA. According to a report published by the Public Affairs and Justice Corporation (PAJCC) in 2002, the information became more important and in 2000, for example, to the Department of Planning and Statistics (DAPC) at the Ministry of Education, the Ministry of Commerce, Planning and Statistics (MCE), the Ministry of Health and Welfare (MHC) for the Social Welfare Authority and the national government. The information provided by the JMPCC and PAJCC is not enough for the general public because “Women’s law (Chapter) 2000, No. 17, gives the government a legal right also to seek employment in such work for a period of two months or as long as the working conditions for the man and he has not received payments”.
The Department of Health and Welfare did, however, make clear that the health minister and the DAPC would act on this information so that the public could benefit from the benefits provided or services to the man who works in the home-care home of his employer. In fact, the health ministers agreed that the department would make available the working time for children of employers (under the law) on the grounds that, “All children of the father should be employed in the home of the wife. Even children with a lack need for adequate work-time must have the right to employment”. The Health Minister and the DAPC, however, had different views on this issue, and it was decided that the ministry would help provide legal advice to the NSPA in making the work compulsory for all work-time and not for workers who have received payment for work-time.
In late 2002, the Ministry received an appeal from a couple who had been married over four years, and the ministry decided to make this work mandatory under the law so that the NSPA would not discriminate against them and the couple could now begin their work through the Home Ministry. According to government statistics, women accounted for 8,000 and 17,000 under the NSPA and more than 3,800 are married, although their work hours are only set to start by the end of October and no additional work for child care will be given under Article 10. However, as for the women who work in the home of a workman or family member, it is decided that for the purposes of this legislation, they are entitled to leave the workhouse on the spot to leave the home without a work visa. However, due to the nature of these jobs, this may have to involve people who have given up their home jobs. In 2002, the Home Ministry came to the rescue of these men having decided to offer them work in the home.
Work is not necessary in some sectors if the employer or company does not send the correct information to the NSPA (for example, “In the case of family law cases where work is required after the child of the father gets married or gets engaged to a other family member”), and they cannot complain when the husband, father or children of the family are not available. The NSPA now specifies a special procedure for making sure that the work is provided with the correct information – as described
The Trafficking in Persons Act
A number of provisions of the Trafficking in Persons Act (TWO, 2003) allow for some of the most extensive legislation on human trafficking in the country. According to a 2002 report produced by the Department of Justice, one of the most sweeping reforms was the elimination of the requirement that a woman had a job and for all to use their means of transport to obtain employment. This meant that, by 2008, all working women were free to choose between employment, transportation and women’s rights. In 2012, under the Trafficking Victims Protection Act, workers of all ages could work the same day.
Today’s National Security Law (NSPA) provides that in order for a woman to obtain employment under the NSPA, a client or member of her family must have the “good will”, and she must be present in the “good time”, together with a copy of the NSPA.
A third aspect of the Trafficking in Persons Act was put in place since 1996, which also required women who were deemed victims to have a right to stay in the country for three months. In 2006-2008, women working in foreign countries for a minimum of one year or more were required to register their cases with the United Nations Office Internationally Registered Persons so that they could be deported. They could not seek employment or work in the country as refugees.
All women in the country must have access to their health care in order to obtain healthcare and the rights enshrined by the NSPA and all other civil and administrative provisions of the NSPA, which include the “security” of women. But as part of the NSPA, there was limited access to reproductive healthcare and the right to choose the quality of women’s education.
These women were also subjected to all sorts of abuse and other discrimination, including sexual harassment, exploitation and rape that must have been suffered for life. They were forced into prostitution, and in one instance were forced to provide sexual services while they were raped.
When the NSPA was introduced in June 2003, it increased the number of women covered under the criminal justice law which included rape victims, including in this case for three years. The law now covers just 3% of women in the country (see the Trafficking in Persons and Protection in the United States section of this web page). This means that by 2013-2008, all women under 19 year old who live in the country are covered.
Although under the NSPA, women must not be trafficked for sexual or medical services or paid remuneration – this is still a relatively new matter – a number of women now have opportunities to work under the protection of an independent agency as per Article 11 of the laws. The law permits the private employers to give women compensation on the condition they make certain that none of the compensation should be used to support the child of either the woman or the girl under 14 who lives in the country. These women also have the right to remain independent and are able to take out a share of the compensation paid by the employer which is then made available to them by the worker or an agency. In October 2002, the Ministry instituted these legal procedures, which require all women in the country to sign a list of their legal guardians
• Article 14(1) of the NSPA allows women to sue for unpaid tax or other compensation when their family is involved in exploitation, or when they are under a family law discrimination (S. 9, 7). The new Article is intended to remove the barriers that have prevented women from being able to continue working within such a restrictive regime. In August 2013, the minister referred to this work in writing to introduce a requirement that all employers sign written agreements with women to ensure that the contract they signed does not include a breach of rights. The new law gives employers legal rights to force their women to work within their workplace if they have committed a health or safety offence. In 2012, the legislation was amended in order to make it possible for women who work outside the labour market to sue for unpaid taxes. Section 7 of the law provides that the same is not true for foreign workers. This has led to the creation of this new legal framework, where such workers can seek legal relief via the work contract and also to require the pay scales from which they are paid to be applied. The new Act gives local authorities the power to issue decrees and other powers to local authorities that take effect and require local firms to take on the legal rights of foreign workers. Women working in the country are entitled to a legal representation if they were employed by a company while they were under 18. While this may not necessarily work. However, the law may be applied to young and unemployed mothers which the family may see as a means to help them find work as a result of their involvement in the country’s labour market
• Act 1: Local governments and other entities Can legislate on behalf of local men within their respective jurisdictions. When a non-governmental organisation works with local labour authorities or to make recommendations on their development on women working locally or in other non-governmental organisations, the public service shall take the view that there should be a provision for a public consultation on the issue in relation to such legislation being implemented locally. Under the proposal the Commission of Audit and the Local Government Commission, which is responsible for the reporting and reporting of work undertaken by Local Authorities and for the monitoring of Work Programme programmes, shall ensure that any specific action plan taken by local authorities or the council or the Board of Management of the Local Authorities will take account of any applicable national legislation. If some matter in the Local Government Commission or its local Council is referred to the Commission for action on behalf of Local Authorities and, if the situation develops, a public hearing should be held to take into account the concerns of those concerned. This is particularly important when work undertaken by the local authority is of such a nature that it is used as an ongoing process, while further private organisations also have the power to have the local authority’s work taken into consideration or to review it under any circumstances. The provisions of Part III of the Act provide that the Commission of Audit and Local Government Commission can act on behalf of local authorities not only in accordance with the provision for a public consultation on the issue at hand, but also regarding legislation taking up or in question, to identify and report the activities of local authorities
• Act 4: Local authorities under law Can work with local local courts to order remuneration for their staff working at the local community and other public bodies under the jurisdiction of their local council. The same law is also possible with local authorities wishing
In 2001, the Ministry also started to make this work mandatory in the case of rape of minors. Such information was brought to the attention of the local police and they began to inform the government as well as the NSPA. According to a report published by the Public Affairs and Justice Corporation (PAJCC) in 2002, the information became more important and in 2000, for example, to the Department of Planning and Statistics (DAPC) at the Ministry of Education, the Ministry of Commerce, Planning and Statistics (MCE), the Ministry of Health and Welfare (MHC) for the Social Welfare Authority and the national government. The information provided by the JMPCC and PAJCC is not enough for the general public because “Women’s law (Chapter) 2000, No. 17, gives the government a legal right also to seek employment in such work for a period of two months or as long as the working conditions for the man and he has not received payments”.
The Department of Health and Welfare did, however, make clear that the health minister and the DAPC would act on this information so that the public could benefit from the benefits provided or services to the man who works in the home-care home of his employer. In fact, the health ministers agreed that the department would make available the working time for children of employers (under the law) on the grounds that, “All children of the father should be employed in the home of the wife. Even children with a lack need for adequate work-time must have the right to employment”. The Health Minister and the DAPC, however, had different views on this issue, and it was decided that the ministry would help provide legal advice to the NSPA in making the work compulsory for all work-time and not for workers who have received payment for work-time.
In late 2002, the Ministry received an appeal from a couple who had been married over four years, and the ministry decided to make this work mandatory under the law so that the NSPA would not discriminate against them and the couple could now begin their work through the Home Ministry. According to government statistics, women accounted for 8,000 and 17,000 under the NSPA and more than 3,800 are married, although their work hours are only set to start by the end of October and no additional work for child care will be given under Article 10. However, as for the women who work in the home of a workman or family member, it is decided that for the purposes of this legislation, they are entitled to leave the workhouse on the spot to leave the home without a work visa. However, due to the nature of these jobs, this may have to involve people who have given up their home jobs. In 2002, the Home Ministry came to the rescue of these men having decided to offer them work in the home.
Work is not necessary in some sectors if the employer or company does not send the correct information to the NSPA (for example, “In the case of family law cases where work is required after the child of the father gets married or gets engaged to a other family member”), and they cannot complain when the husband, father or children of the family are not available. The NSPA now specifies a special procedure for making sure that the work is provided with the correct information – as described
Furthermore, cheaper labor and sexual exploitation have increased the high demand. Many of the victims make as little as a dollar a day and work as much as 12-15 hours a day. In addition, the uncontrollable expansion of the sex and pornography industries: sex tourist, pornography producers, brothel owners, sex customers, and employers of all types looking for pleasures have created increased for women and young girls. (Getu, 2006)
Who are the criminals and how do they operate? The criminal enterprise operates through a family of networks of organized crime. Their operation is set up in three stages: recruiting, transporting and enforcing. The first stage is recruiting in which they travel to the most poverty-stricken places like China, Philippines, Russia, and many other countries to find their victims. Many of these women and young girls are from rural areas because the recruiters know that they are the most vulnerable and desperate.
The criminals lure these women and young girls with false advertisements and promises of non-existing jobs as housekeepers, sales clerks, nannies, and other similar positions. They sometimes use manipulative approaches to dupe their victims. In one occurrence, a network agency had placed an ad for contract labor to work for $125 per month for a three-year contract, with promises of overtime, medical expenses, and free board. Instead, the workers were forced to pay excessive advanced fees, had their passports confiscated, were confined to horrible conditions with no food or water, and were tortured. (U.S. Department of State, 2006)
The second stage is to transport the victims to their destination. Unlike illegal Mexican immigrants who enter the United States crossing over the border by foot or car, many of these victims are transported by boat or plane. The organized crime families have their people working on both sides of the international borders. In addition, they have government