Forced child marriages as a form of child trafficking

Child trafficking and child marriages have been condemned globally as practices which are harmful to girls' health and which violate their rights. The significance of child trafficking and child marriages for a range of development outcomes explains why both are prohibited by law and given recognition as major policy issues in many countries. Despite international conventions and corresponding regional conventions and national legislations and the efforts of numerous non-governmental, faith-based and international organisations, many girls (especially in developing countries) are still trafficked and/or subjected to forced and early marriages and the measurement of this practice remains relatively unsophisticated. This paper demonstrates that some child marriages have slave-like characteristics similar to those of child trafficking and can thus be argued to be a form of child trafficking. This is because children in forced marriages coerced into these unions and are made to engage in acts similar to victims of sex and labour trafficking.     

More words but no action? Forced migration and trafficking of women

A 1997 international conference held in Moscow addressed the issue of trafficking of women from Russia and newly-independent states. During the first half of the 20th century, policies to abolish "white slavery" were based on abolitionist ideas that understood the women solely as victims. It is now recognized that high rates of unemployment may lead women to choose migrant prostitution as a survival strategy. Feminists entered the debate with concerns about whether prostitution is a valid job option or a form of violence against women. Thus, some women's groups distinguish between free-will prostitution and forced trafficking. Others argue that all forms of trafficking and prostitution are forced and, therefore, violent. The UN definitions distinguish between trafficking and forced or coerced prostitution. The Moscow conference identified possible state responses to trafficking as 1) considering trafficking to be a form of organized crime and invoking criminal statutes (this is difficult and ignores women's real needs), 2) considering trafficking a form of illegal migration and invoking criminal statutes (this is also problematic, especially since corrupt government officials can foster trafficking), and 3) applying international law (this is of limited use because relevant laws have not been ratified). Nongovernmental organizations generally adopt abolitionist strategies like job training or education and consciousness-raising. An empowering policy would include preventive educational initiatives and support for repatriated women.     

The New Slave Narrative and the Illegibility of Modern Slavery

This paper argues that the first-person narratives of human trafficking that have been published since 1991 should be considered as the reemergence of the slave narrative. The paper outlines the contours of the slave narrative's revival, suggesting that the genre found fertile ground in the 1990s and 2000s through a confluence of diverse cultural forces – reinvigorated abolitionist advocacy, heightened public fluency in the discourses of slavery and rights, an expanded media terrain that encourages first-person testimony and post-9/11 cultural anxieties. This environment promoted the development of survivor testimony that would act as ‘flesh and blood' examples of the largely hidden and illegible human rights violation of modern slavery. Slave narrators face a crisis of legibility resulting from public scepticism regarding modern slavery, but what emerges from the public requirements for evidence is a generic tendency against the voyeuristic demands for the bodily detail and towards narrative strategies of displacement that direct attention towards external authorities and experiences. These strategies allow survivors to maintain control over their exposure in their life narratives, and thereby revise and interrogate the spectacular expectations promoted by many human rights projects.     

New slavery,old binaries: human trafficking and the borders of ‘freedom’

This article explores dominant discourse on ‘trafficking as modern slavery’ in relation to the many legal and social fetters that have historically been and are today imposed upon individuals who are socially imagined as ‘free’. It argues that discourse on ‘trafficking as modern slavery’ revitalizes the liberal understandings of freedom and restriction that have historically allowed vigorous moral condemnation of slavery to coexist with the continued imposition of extensive, forcible restrictions on individuals deemed to be ‘free’. In place of efforts to build political alliances between different groups of migrants, as well as between migrants and non‐migrants, who share a common interest in transforming existing social and political relations, ‘trafficking as modern slavery’ discourse inspires and legitimates efforts to divide a small number of ‘deserving victims’ from the masses that remain ‘undeserving’ of rights and freedoms.     

Challenges in assistance provision to child victims of transnational trafficking in South Africa

Child trafficking is a violation of multiple human rights and a child protection challenge in South Africa and worldwide. Thus, assistance provision can be a protective factor in the emotional and the psychosocial well-being of trafficked child victims. Stakeholders (including social workers) working in the field of trafficking were studied qualitatively to understand the nexus between child trafficking and service provision. The challenges the participants had encountered within assistance provision were explored through in-depth interviews and analysed using thematic analysis. The findings from the study indicate that assistance provision is not an easy linear process and that multinational, multi-agency, long-term sustained response, with multi-focus on prevention, prosecution and protection (including rehabilitation) is required to enhance successful resettlement and adaptation. This response should be based on the rights of the child rather than based on law enforcement and immigration.     

“He invited me and didn't ask anything in return” Migration and Mobility as Vulnerabilities for Sexual Exploitation among Female Adolescents in Mexico

Although human trafficking is recognized as a major human rights violation, there is limited evidence regarding the vulnerabilities that contribute to female adolescents’ risk of being forced or coerced into the sex trade. Vulnerabilities such as gender‐based violence, economic and social inequalities have been shown to shape the risk of sexual exploitation among adolescents. In‐depth interviews (n=18) with current sex workers who reported being deceived or forced into the sex trade as adolescents (<17 years old) were analysed to explore their experiences of migration and mobility in Mexico. Driven by socio‐economic and vulnerabilities in home communities, adolescents often engaged in internal migration and mobility to other Mexican communities and states. Migration and mobility further predisposed them to social isolation, economic hardship and abuse, which were used as tools to trick them into the sex trade. Policies that support safer migration for adolescents in origin, transit, and destination communities are needed.     

Cosmopolitanism: The Foundational Ground for a More Inclusive Understanding of Belonging to Protect the Human Rights of North Korean Stateless Women

In this article, I will examine the use of the notion of cosmopolitanism to address the exclusionary nature of citizenship. Citizenship is a contemporary social norm that privileges citizens and discriminates against others, leading to consequent human rights violations experienced by stateless populations. I will use the case study of North Korean stateless women who reside in China and who are victims of human trafficking as an example of stateless people who lack legal guarantees for human rights. By uncovering the way citizenship operates as a social structure that deprives people of their human rights, I will argue for Seyla Benhabib's notion of cosmopolitanism, which pursues a more inclusive notion of belonging and necessitates institutional changes. These include the juridical implementation of improved immigration policy and citizenship law, involving the cooperation of the global society, to recognize the dignity of the stateless and protect their human rights.     

The unequal impact of Covid-19 on the lives and rights of the children of modern slavery survivors,children in exploitation and children at risk of entering exploitation

This article discusses the unequal impact of Covid-19 on the lives of the children of survivors of modern slavery, child victims of exploitation and children at risk of exploitation in the UK. It draws on research that has analysed the risks and impacts of Covid-19 on victims and survivors of modern slavery. It explores how pandemic responses may have hindered these children's rights to education, food, safety, development and participation and representation in legal processes. It suggests that the pandemic should be used as an impetus to address inequalities that existed pre-Covid-19 and those that have been exacerbated by it.     

New Zealand's turbulent waters: the use of forced labour in the fishing industry

In this article, we make an empirical and conceptual contribution to the emerging debate on unfree labour in the context of labour chains and global value chains. We recast an historical view of poor labour practices aboard some foreign charter vessels fishing in New Zealand's waters as something more nefarious. Applying the International Labour Organization (ILO) and European Commission (EC) operational indicators of human trafficking for forced labour to 293 interviews, we evaluate the extent to which we can consider migrant fishing crew aboard South Korean vessels as victims of forced labour. We find that they are indeed victims of forced labour and that there is a need to extend the ILO/EC operational indicators to take into account exit strategies. Specifically, there is insufficient recognition of deception, exploitation and coercion at the point of exit, which can prevent a trafficked victim from exiting the employment relationship. Thus, it is crucial to take account of all stages, from recruitment to exit, to understand fully unfree labour in labour and global value chains.     

Human rights for women: battles of culture and power

In Africa, nongovernmental organizations (NGOs) focussing on human rights have mushroomed during the past 10-15 years, and, with several of these organizations run by and for women, it is possible to find free legal aid for women in almost every capital city. The collapse of the extended family and, thus, the framework for customary law has meant that women are faced with problems of maintenance and widows with problems of inheritance. Customary law and the protection it afforded women and children has also been weakened by a poverty-driven shift in urban areas from a focus on community support to a focus on individual survival. The vacuum left by this change in legal and social structure is being filled by the human rights NGOs. Paradoxically, in the face of such change, a static, communal, and neutral concept of "culture" was held out by African state representatives at the 1993 UN Conference on Human Rights to justify their opposition to the acceptance of the crosscultural legitimacy of human rights, especially for women. While these arguments were being aired at the Conference, African NGOs were vigorously using examples of the marginalization of women to promote the opposite view. The most important aspect of these conflicting views is which group has the most power and resources to voice its interpretation of the situation. With most African countries governed by a dual system of laws, customary law and common or civil law (left over from colonialism), human rights groups are working to instill human rights principles into common law through the ratification of international conventions. Thus, persons in need could be viewed not as victims but as individuals entitled to enforceable and universal rights. Misuse of the term "culture" can marginalize women even as it is being promoted as a protective device for women. A more useful view of culture is as something which transcends traditional boundaries and locates people and institutions in the global community where they are protected by the acknowledgement of their human rights.     

Principles of Protection for Internally Displaced Persons

For forced migrants who have not left their country but are internally displaced persons, human rights law provides an important framework through which to analyse and address their plight. Two principal reasons underpin this assertion.
First, owing to the compelling need: human rights violations cut across all phases of internal displacement, causing its occurrence, characterizing the conditions of physical insecurity and material deprivation in which the internally displaced often find themselves, and impeding equitable and lasting solutions.
Second, as internally displaced persons remain within the territory of their state, refugee law does not apply and, instead, human rights law provides the fundamental basis for addressing their plight. In addition to human rights law, other standards of international law are also relevant, namely international humanitarian law when displacement occurs in situations of armed conflict and refugee law by analogy.
Drawing on these three standards of international law, Guiding Principles on Internal Displacement have been developed which set out what protection should mean for internally displaced persons in all phases of displacement. This article traces the origins and provides an overview of the content of the Guiding Principles, the text of which is reproduced in full in the Appendix.     

Transnational women’s activism in Japan and Korea:the unresolved issue of military sexual slavery

This article is about the transnational links formed between the Korean and Japanese women‘s movements in their campaign on behalf of the victims of ‘military sexual slavery’ during the Second World War. There is a growing literature that examines such networks. Yet, a deeper understanding of the emergence and activities of transnational advocacy networks is needed, particularly in the context of political opportunity structures. Social scientists who have developed the concept of political opportunity structures have, however, not provided a gender‐specific analysis of these. Of particular interest is the exploration of the role played by gender in an international human rights discourse as a political opportunity structure for women’s groups in Korea and Japan. This article, thus, explores the ways in which the feminist movements in Korea and Japan have made use of transnational legal means in politicizing and popularizing the issue of ‘military sexual slavery’ at both regional and global scales.     

Trafficking of women for sexual exploitation in Mexico and their identity crisis

The main objective of this paper is to explore how sexual violence and exploitation cause identity crisis among victims of sex-trafficking in Mexico. Trafficking is a widespread phenomenon, where girls and women are forced or coerced into sexual exploitation. Victims of trafficking acquire not only adverse physical health; also there is a higher impact on emotional and psychological health and leads women to an‘identity crisis'. Once they're brought into brothel, their body is controlled by pimps, and seen as a source of income through prostitution. As Bauman said; commodification and consumption of female bodies is indeed useful to explain an individual's fragile identity. Moreover, my own scholarly interest in women trafficking has led me to turn towards defining the identity crisis among these victims as it is directly related to sexual exploitation. For this study, a total of 60 women were interviewed during 2007–2013 using a snowball method.     

‘Behind Closed Doors’: Debt-Bonded Sex Workers in Sihanoukville,Cambodia

In the trafficking discourse and international law, debt-bonded sex workers have been defined as ‘victims of trafficking’. The hyperexploitative contractual arrangements faced by debt-bonded sex workers may be the most common form of contemporary forced labour practices in the modern industry. However, in this paper, I present women's individual experiences working under indenture in Sihanoukville, Cambodia. I do so because women's narratives raise many questions about ‘consent’ and ‘coercion’ that, to date, remain unanswered. By examining women's own perceptions of the situation, the present paper attempts to address issues related to ‘consent’ and ‘coercion’ in order to highlight some of the possible implications this has for both how we theorise about and respond to the issue of indenture.     

The Determinants of Human Trafficking: A US Case Study

Human trafficking is a global problem. In this paper, I seek to find the determinants of international human trafficking by using the US as a case study. Previous studies have drawn primarily from the migration literature, proposing hypotheses that focus on economic factors, the level of democracy and other “push” factors in the countries of origin that create incentives for individuals to migrate. However, we know that international human trafficking is an involuntary form of migration and may be influenced by additional factors. I hypothesize that factors that influence the cost–benefit calculation of the trafficker determine the volume of human trafficking, in addition to the factors that affect the size of the pool of trafficking victims. I test my theory using the negative binomial regression model. My results indicate that while income inequality within a country and poor protection of women's rights are likely to produce a specific pool of victims, it is the reduction of operational costs for the trafficker that increases the number of individuals who are trafficked.     

Protection of Migrants' Human Rights: Principles and Practice

In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti‐immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration‐related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour.     

Trafficking in Humans: The TIP Report

Human trafficking occurs throughout the world and is considered to be ‘modern day slavery’. To end such victimization, the United States began to take an aggressive stance against human trafficking by enacting the Trafficking Victims Protection Act (TVPA) in 2000. Pursuant to the TVPA, the US government has attempted to assess the nature and extent of human trafficking. Since 2001, the US Department of State has compiled data on various forms of international human trafficking and published an annual Trafficking in Persons (TIP) report. Within the report, countries are designated as Tier 1, Tier 2, Tier 2 Watch List, or Tier 3 depending upon whether they are taking active measures articulated in the TVPA to create strong laws, assist victims, and punish traffickers. Until this past year, 2010, the United States did not include itself within the report. Such an omission enabled other nations to challenge the objectivity of the tiered system. In June 2010, for the first time, the TIP Report included the United States in its analysis. This paper will review the positive and negative aspects of the TIP Report and indicate what the potential impact of the US’s self‐analysis could be on future efforts to end worldwide human trafficking.     

Child Slaves in Pre-colonial Nigeria,c.1725–1860

During the eighteenth century, the number of child slaves leaving the ‘Nigerian’ region for the Americas increased and almost doubled after 1820. While the increase reflected shifts in the operations of the Atlantic trade, it also revealed the significance of slavery in pre-colonial Nigerian societies, which historically retained more child slaves than were sold abroad, even when the productivity of some children was uncertain. With a focus on the internal (intra-Nigeria) slave trade, this article examines the attraction of child slaves, their modes of enslavement, treatment and status, and the impact of slavery on children.     

Why Joanna Baptista Sold Herself into Slavery: Indian Women in Portuguese Amazonia, 1755–1798

In 1780, in Belém, Brazil, Joanna Baptista sold herself into slavery. This article probes Joanna's motives and situates her actions not only in the milieu of slaveholding Brazil, but also in the more specific context of Portuguese Amazonia during the Directorate (1758–1798). Indians, especially former slaves and their descendants, faced forced resettlement and increased labor demands. Joanna's case and contemporary petitions demonstrate how women of Indian and mixed descent, especially single women, widows and orphans, used legal means to defend their autonomy.