Post on 13-May-2023
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2015
GCP KEYS 4003
Human Trafficking Course Lectures
for
Webster University, Thailand Campus
Dr. Rachael M. Rudolph,
Lecturer and Researcher
School of Arts and Science
Department of International Relations
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Human Trafficking 1: Introduction to the Course
The KEYS 4003 Human Trafficking course in Thailand is running in conjunction with courses
offered in St. Louis, Leiden, and Geneva. All of the courses are following a similar thematic
curriculum. They will all examine historical and contemporary understandings of slavery and
the slave narratives; the relationship between slavery and human trafficking; the vulnerability
and impact of human trafficking; the narrative of the trafficking victims; and, the ways to combat
human trafficking. There will be variance within those themes across the campus, however. At
the Thailand campus, we will focus more specifically on trafficking in the United States,
Thailand and the ASEAN region.
In addition to there being similar themes across global campuses, the course assignments are
standardized. All the students across the Webster campuses will be required to write a research
paper; to conduct fieldwork to explore the efforts made by grassroots organizations in the region
or in the country where the course is being held; to conduct an interview with the said
organization, a policymaker or a victim of trafficking; and, to participate in a group project that
is selected by the students. In the context of Thailand, there are local and foreign
intergovernmental and non-governmental organizations helping to combat trafficking. Students
will have a range of organizations to select from for their projects. The Ministry of Foreign
Affairs has also been designated as the body responsible for information and inquiry for human
trafficking in Thailand. Information can be provided should students decide to contact the
Ministry for either their individual or group project. The Royal Thai government issued a press
release on human trafficking following its meetings in December 2014, which can be accessed
by the following link: http://www.thaigov.go.th/en/government-en1/item/88714-88714.html.
In addition to the standardized assignments for the course, there is one additional set of in-class
assignments that has been added for the Thailand campus. Two of the in-class assignments
pertain to the films—Twelve Years a Slave and Unchained Memories. The other in-class
assignment is concerned with students sharing information on human trafficking from the other
ASEAN countries. All of the coursework conducted over the semester will become part of
Webster University’s collection on human trafficking, which will be used and shared with other
Webster campuses and their students in the years to come. It should also be noted that students
will be taking part in transcribing interviews for the Bijlmer Project.
The reading list and assignment guidelines can be found in the course syllabus, which is posted
on Webster Connections. It can also be accessed through our course FaceBook page, which is
https://www.facebook.com/exploringtrafficking. The FB page will be used to post news articles
pertaining to human trafficking, course lectures and notes, and all other material. Most students
utilize FB, thus this is a good way for me to easily post a note or share information. All the
important course content will be located in the Albums. In the case that some students do not
use FB, lectures and other notes can be found on either Webster Connections or my personal
blog, which can be accessed at http://mental2musings.blogspot.com/.
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Trafficking and Slavery 2: An Introduction to Historical and Contemporary Slavery
Slavery is a shared experienced across the globe. To understand why slavery continues to persist
it is necessary to understand it first in a historical context. It is through our reflection of the past
that our barefoot journey to understanding slavery in present can begin. This lecture, therefore,
is concerned primarily with the definition and description of the slave system, the institution of
slavery, and what is meant by a slave society. The lecture is supplemented with video clips on
slavery in Rome and Brazil.1 The clips will not only highlight what is meant by the slave
system, but it also will provide a context for the next lecture on historical slavery in America and
Siam. Our concentration on the past in the next couple of lectures will help us to provide greater
conceptual clarity to human trafficking and contemporary slavery. The relationship between
historical and contemporary slavery and human trafficking herein introduced.
Slavery, the Slave System and a Slave Society
The Slavery Convention was signed on 25 September 1926 and came into entry on 9 March
1927. It was amended on 7 December 1953, with the amended Convention coming into force on
7 July 1953. The Convention can be accessed through the following link:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/SlaveryConvention.aspx. Article 1(1) of
the 1926 Slavery Convention defines slavery as “…the status or condition of a person over
whom any or all of the powers attaching to the right of ownership are exercised.” A person living
as a slave is, therefore, not free and treated as property.
Slavery in the literature, in fact, has been traditionally been referred to as a system under which
people are exploited and treated as property. A slave system describes a self-contained, self-
sustaining set of organic relationships, both at the economic and social levels. At its heart is the
institution of slavery whereby:
Elite wealth and slave ownership were inextricably linked;
A large portion of trade revolve around the buying and selling of slaves;
A high percentage of the workers were enslaved laborers; and/or,
States and other types of institutions relied on the profits made for their prosperity.
Social hierarchy within the system and slave ownership influenced relationships within
the family and society. (p. 5)
Possession and manumission are, therefore, critical to the institution of historical slavery. The
other critical elements found within the literature include domination, social death, and social
degradation and dishonesty. Domination refers to the power of the slave owner over the slave,
and whereby fear predicts obedience. Being socially dead refers to the slave’s social alienation
from all rights. He or she is no longer part of any legitimate social order. Finally, social
degradation and dishonesty refers to the permanent, violent domination of totally alienated and
1 Slavery in Rome (10 Minutes): https://www.youtube.com/watch?v=pwKeq9nWsfI ; and, Slavery in Brazil (45
Minutes): https://www.youtube.com/watch?v=RGGQJZsCog4.
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generally dishonored persons. According to the literature, what separates historical and
contemporary slavery is the element of manumission; that is, the right to be set free.
Not all countries or communities had a slave system. Countries and communities participating in
slavery and possessing a slave system are typically those who possessed a slave society. A slave
society is different from a society with slaves, according to the literature. In slave society,
slavery was at the heart of the economic and social life. It influenced all social relationships and
power relations; that is, power and status were conferred based on slave ownership. Examples
given of slave societies include classical Athens and empirical Rome in the Mediterranean and
the 19th
century US and Brazil in the modern Atlantic. While Slavery in America is discussed in
the next lecture, let us turn to watch the selected clips on Slavery in Rome and Slavery in Brazil
to provide some visual context to what has been conceptually discussed.
From the Mediterranean to the Modern Atlantic: Slavery in Rome and Slavery in Brazil
Please answer the following questions after watching the clips.
1. In what ways were the people of Rome and Brazil exploited?
2. Provide some examples of people being treated as property?
3. Explain, to the best of your knowledge, the slave system?
4. Do Rome and Brazil constitute a slave society? Explain the position adopted.
Contemporary Slavery, Smuggling of Migrants and Forced Labor, and Human Trafficking
What constitutes contemporary slavery today is contested. While we have raised the absence of
manumission being that which separates the past from the present, there are still no clear
demarcations of the boundaries of modern slavery. Some have included bonded labor, child
slavery, early and forced marriages, forced labor, descent-based labor and human trafficking as
examples of modern or contemporary slavery. Legal scholars, however, have posited that in the
absence of control tantamount to possession then it is not slavery.
Human trafficking has been overwhelming accepted as a form of modern day slavery. The 2003
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons defines trafficking as
follows: “The recruitment, transportation, transfer, harboring or receipt of persons by means of
the threat or use of force or other means of coercion, of abduction, of fraud, of deception of the
abuse of power or of a position of vulnerability or of the giving or received 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 exploration, forced labor or services,
slavery or practices similar to slavery, servitude or removal of organs.” Smuggled migrants,
however, are not considered trafficked persons. They are distinguished in the Migrant Smuggling
Protocol (2000) by individuals who are moved illegally for profit. Smuggling, thus, entails the
willful participation of the individual. However, if and when fraud and deception effectively
nullify voluntary action then, according to the International Labor Organization’s Forced Labor
Convention (1930, no. 29), forced labor subsumes trafficking and illegal migration. We will
spend more time later in the semester on human trafficking.
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In conclusion, this lecture was concerned with the definition and description of the slave system,
the institution of slavery, and what is meant by a slave society. To further explicate what is
meant and to provide a context, slavery in both Rome and Brazil were examined and a small in-
class exercise administered. In the next lecture, we will explore slavery in America2 and Siam.
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Historical slavery is important for us to understand when contemplating what is meant by and the
forms of contemporary or modern day slavery.
2 Slavery and the Making of America: https://www.youtube.com/watch?v=24U156LHXYM.
3 The Abolition of Slavery in Thailand: https://www.youtube.com/watch?v=vLjuuPp5UiE.
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Lecture 3: Exploring Slave Systems and Slave Societies through Historical Slavery in
America and Siam
Slavery existed in some form or another since the beginning of the world civilizations. Across
the globe and irrespective of whether we are talking about a slave system or a slave society in a
given country or region there are some commonalities in the historical narratives. One
commonality is that many were either captured in battle or sold off to pay debts. While we
learned about slavery in Rome and Brazil in the previous lecture, this one provides an overview
of slavery in America and Siam. Highlighting historical slavery within these two countries also
allows us to further explore the difference between in a slave system and a slave society.
America reflects a slave system, while Siam reflects a slave society. The two cases also
highlight how the dividing line between what is a slave system and what is a slave society is not
well-defined. Through the slave narratives we will delve into more detail on the reality of the
slave systems and societies and their impact of the people who were bought, sold, born or forced
into slavery. Slave narratives are covered through Twelve Years a Slave and Unchained
Memories in weeks 5 and 7. Please note there is no lecture on week 6. This class should be spent
working on the research for the research paper, the individual and the group projects.
I. American Slavery: An Overview of a Slave System
America was a slave system. American historical narratives of the past tended to neglect
discussion of the slave system and the slave narrative. Historians of the 20th
century sought to
challenge the past by tackling the history of oppression, exploitation and racism within America.
To trace the history of oppression or, rather, slavery is not to challenge or deny also the rise of
and struggle for liberty and equality. To trace the history of oppression is to explore all of
America’s history, which entails the rise of liberty, equality and slavery. We must explore
America’s slave system in order to truly understand the trials and tribulations of the past, so that
those of today can be overcome. If there is one important lesson we can learn from the past it is
that to neglect what came before is to ensure that history will repeat itself. Thus, to understand
contemporary slavery in all its forms and manifestations, we must turn to our past to reflect on
what has us to the present.
Let us discuss the American slave system through a clip titled, Slavery By Another Name. It can
be accessed from the following link: https://www.youtube.com/watch?v=VAJLSpUXawE. This clip
was selected because it allows us to talk both in pre-and-post abolition periods about the phases
of slave migration to the Americas; the types and forms of slavery; the treatment of slaves; the
dependence on slave labor and the slave system for economic growth; and, finally, how the
system perpetuated itself following abolition. The migratory history of African slaves in the
Americas went through stages—from the point of departure; transport across the land upon
arrival from Africa; the period at the auction; the time in the locale where they were settled; and,
the daily existence in slave states. What distinguished each point were the rates of mortality. The
treatment of slaves and the practice of slavery depended on and varied by the nature of the work
regime, the type of work performed, and the area of residence. As was highlighted in the
assigned reading and the selected clip, the American slave system continued in different forms
and manifestations following the abolition of slavery. It is interesting to note that studies
conducted in the present have found that racial attitudes and institutional racism is a by-product
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of and rooted in America’s slave past. Acharaya, et. al. (2013) found that the political and
economic incentives following emancipation lead to the persistence of racially conservative
political attitudes, partisan affiliation, negative attitudes on affirmative action, levels of racist
resentment, and negative attitudes toward people of a different color. This will be further
explored through the slave narratives.
II. Slavery in Siam: An Overview of a Slave Society
The assigned chapter on the history of slavery in Siam provides an overview of the
characteristics of the practice before it was abolished by King Chulalagkorn in 1905. Highlighted
were the ways one became a slave, the two main types of slaves, the system of punishment for
both master and slave, the rights afforded to slaves, and the stages of abolition. Slavery in Siam
is explained by and must be understood in the context of the social, political and economic
system of the time in which it was practiced. Provided here in lecture today is, therefore, a brief
overview of slavery in Siam. From our discussion of the past practice and in relation to the
practice in America, Brazil and Rome, we are able to further capture the distinction made in the
literature on historical and contemporary slavery between a slave system and a slave society.
Siam is an example of a slave society.
Slavery in Siam must be understood in the context of the time which it was practiced and with
knowledge of the social, economic and political system and how relations therein were defined.
There were seven ways individuals became slaves. They were redeemed with property, born into
slavery, inherited, given as a gift, rescued, acquired during famine, and conquered during war.
The sevens ways resulted in the emergence of two typologies of slaves, which corresponded to
the means of acquisition. The two typologies presented in the literature were war captive slaves
and bonded slaves. It is argued that based on the nature of slavery itself and the rights afforded
thereto the two typologies can be collapsed when attempting to identify the characteristics of
slave society in Siam.
Slave society in Siam can be categorized by redeemable slaves, non-redeemable slaves, and pro-
forma security slaves. Redeemable slaves are those who were sold for less than a fixed prices
and who had a guarantor who was responsible if the slave fled. Non-redeemable slaves were
those who were sold at a price higher than the fixed rate. Many of these types of slaves were
female and believed to have been sold for sex. Pro-forma security slaves were those who were
given as security against a loan. It should be noted here that although slaves were sold or traded
as such what distinguishes this slave society from that of the slave systems that existed in
America and Brazil were the absence of a slave market and the selling of slaves for profit.
Economic relations and the market economy were neither determined by nor dependent on the
slave trade.
The slaves of Siam also had rights. A master was required to provide sustenance during famine
and care to the children of the female slaves while they were on duty. Slaves also had the rights
to enter into contracts, to access the courts, and to self-redemption. There were even laws to
protect them against mistreatment. A master would be subjected to fines or having the price of
the slave reduced if the treatment or punishment adopted was inappropriate. Treatment was
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considered inappropriate if there was permanent injury, breakage, gashes or death. A master
could also be punished with the crime of adultery if he violated a female slave who was married.
Changes in practice of slavery, the rights afforded to slaves, and the enforcement of the laws on
slavery corresponded to economic and political changes. Slavery was eventually abolished in
1905, following a phased process. According to the literature on slavery in Siam, there were
three phases to abolition. First, in 1874, there was a Royal Decree to free all slaves born into
slavery after 1868. It also further limited the sale of slaves. Second, in 1897, King Chulalagkorn
restated that no further slaves were permitted. Finally, in 1905, the King completely abolished
slavery. While formal slavery ended in 1905, other forms of dependence continued.
In conclusion, a slave system can be distinguished from a slave society by the absence of a slave
market and the selling of slaves for profit; and, by both economic relations and the market
economy being determined by and dependent on the slave trade. In spite of their differences and
was reflected in the examination of America and Siam there are similarities in the historical
practice of slavery. There were also similarities in both societies following the abolition of the
practice of slavery. These similarities were also present in Rome and Brazil. They provide us
with lessons for understanding our present. Through our coverage of slavery in Rome, Brazil,
America and Siam, students should have an understanding of what is meant by historical slavery,
a slave system, a slave society; the ways in which the economic, political and social relations
corresponded to and depended on slavery to varying degrees; and, that there was greater
dependence depending on whether it was a slave system or a slave society. The lessons learned
will be expanded on in the next section on slave narratives.
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Trafficking Lecture 4: Constructing and Analyzing Slave Narratives
Twelve Years a Slave was watched in the previous class. Students were asked to write down
five points or perceptions following the film. The first part of class today will be spent on each
student sharing his or her perceptions. The second part of class examines the construction and
analysis of narratives through a short lecture. Finally, the third part of the class will be spent
listening to and analyzing slave narratives. The narratives are derived from a HBO documentary
called Unchained Memories. It is available from the following link:
https://www.youtube.com/watch?v=WfusLVvOlRM. An understanding of both the construction
and analysis of narrative is important for constructing, reflecting on and analyzing the narratives
of the trafficked and the trafficker in the period of contemporary human slavery.
Constructing and Analyzing Narratives
Narrative research consists of obtaining and then reflecting on lived experience (Josselson,
2007). The researcher endeavors to obtain data from a deeply human, genuine, empathic and
respectful relationship to the participant about significant and meaningful aspects of the
participant’s life for the purpose of constructing a narrative. The researcher must be empathetic,
nonjudgmental, concerned, tolerant and emotionally responsive in his or her approach. This is
because his or her behavior shapes the interpretative process.
The interpretative process depends on the aims of the research, the nature of the material to be
collected, and the kind of interpretative analysis needed. Interpretative analysis entails
connecting to or saying something about how the meaning of the narrative relates to the larger,
theoretically significant categories in the field of study. The central concern of narratives is to
make connections and identify shared understandings (Chambers, 2003). Narratives should invite
learners to enhance thinking and doing through interrogating, rediscovering and redefining a
particular view.
Narrative construction depends on the purpose for which it is being articulated. That is, the
purpose of the research and the research questions asked drive data collection, research design
and research product. The research product in narrative research is the construction of the
narrative. A narrative can be constructed from a distance or from within. That is, the researcher
can chose to situate himself or herself and the reader either from a distance or within the context
wherein which the subject of interest is observed. Regardless of which one is chosen, the
researcher must recreate the research setting or the context wherein which the main focus or
subject of interest is centered or occurring. This is referred to as the process of focusing.
Focusing permits introduction, generates awareness, and facilitates transition from critical
themes/events to the overall constructed narrative. Finally, narratives are laden with a value
system of either the narrator or that which is being narrated. The dividing line is not so clear cut,
particularly when pondering the interpretative nature of the narrative construction process.
When constructing and analyzing narratives, then, students should:
1. Develop a research question
2. Determine the method of data collection and analysis
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3. Decide whether the narrative is to be constructed from within or a distance
4. Construct the context wherein the subject of interest is located or where the phenomenon
is occurring
5. Construct the narrative
6. Reflect on and analyze the narrative
7. Identify the temporal and spatial transitions in the narrative
8. Reflect on and analysis the transition and narrative development
9. Identify the values laden within and their meaning for the narrative
Examining the Historical Slave Narrative: From the Classical to the Neo-classical Slave
Narrative
The study of slavery is divided in literature by two periods, namely the period of historical
slavery and the period of contemporary or modern day slavery. We have previously discussed
the key distinguishing features of the periods. The narratives of slaves are likewise demarcated.
Today’s class is concerned only with the historical slave narrative, however. The historical slave
narrative is delineated within the literature by classical narratives and neo-classical narratives.
Time, content and the focus of the narrative are what separate the two types of narratives.
The classical slave narratives emerged following the American Civil War and evolved overtime
(Saylor, n.d.). An examination of the evolution of narrative construction suggests there were
four phases in development. First, the narratives were primarily first-person accounts of the
experience of being enslaved. They tended to be short and focused on faith, particularly on the
writer finding his or her faith through the struggle and suffering endured. They, then, turned to
first-hand accounts of slavery’s cruelties. In particular, the narratives were concerned with
struggle for freedom and the suffering of the individuals at the hands of the slave owners. In the
third phase, the narratives began focusing on psychology. They focused particularly on the mind
and emotional state of both slaves and slave owners. Finally, slave narratives appealed to and
highlighted morality in their accounts. The neo-slave narrative grew out of the reformulation of
the history of slavery that emerged alongside the Civil Rights Movement. Narratives produced
were primarily fictional accounts designed to highlight African culture and life from a
sociological and political framework. They attempted to not only bring awareness to African
culture, but also to illustrate how it infused with and contributed to the development of local and
national culture. Let us now turn to Unchained Memories to listen to and analyze some
narratives. Analysis should following the guidelines set forth in the first part of lecture. We will
begin class next week discussing the analyses.
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Lecture 5: Constructing and Analyzing Slave Narratives Part 2 and Overview of the
Assignments 1 and 2
The previous lecture covered constructing and analyzing slave narratives from a methodological
perspective. Today’s class will utilize what was learned to analyze the slave narratives in the
HBO documentary Unchained Memories. Prior to this, however, we should review the coming
assignments for the course, particularly since this our last class before spring break. Students
should recall there will be no lecture on the week following break, as I will be in Washington,
D.C. The class period should be spent conducting research for the assignments. The
assignments are located in the course syllabus on World Classroom. They are also listed on the
FB photo, “Assignments.” I have copied the assignments below. April 6, 2015 is the due date
for Assignment 1; April 20, 2015 is the due date for Assignment 2; and, May 8, 2015 is the due
day for Assignment 3.
I. Assignment One: Research Paper (1500 Words)
This paper will consist of two parts: Part A and Part B.
In Part A, the student will demonstrate a general understanding of the nature of
contemporary slavery and human trafficking. The student will define the two
terms and present a least two examples of each term (four examples in all). Each
example will include:
1. Identification of victims and perpetrators
2. Geographic location/s where situation is occurring
3. Types of jobs performed
4. Methods used to maintain victim-perpetrator relationship
5. Reason/s why situation is occurring.
In Part B, the student will explain the differences between past slavery/human
trafficking and current conditions described in part A. In that framework, the
student will answer the following questions:
1. What role did slavery play in the past?
2. What were the causes of slavery as compared with current causes?
3. Have conditions changed for those enslaved/trafficked? If so, how have
these conditions changed?
4. What role/s have technological advances played for current perpetrators
and victims of slavery/human trafficking?
5. What roles/s have societal changes, economic changes, and political
changes played in both early and current slavery/human trafficking?
6. How has the modern day advancement of human rights changed the way
the world community views slavery/human trafficking?
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This paper should be 1500 words in length (6 pages, double spaced), Microsoft
Word, 12 font, Times New Roman, with 1 inch margins and should include page
numbers. Be sure to include an introduction and conclusion. The introduction
should “introduce” the major points to be discussed, whilst the conclusion should
reiterate the major points discussed.
This assignment requires at least six sources—Academic articles or books. Please
be aware that magazines, daily newspapers and so forth, are NOT academic in
nature.
When writing papers students should be very careful to give proper credit for the
information, ideas, and concepts they are using. In addition, proper credit is
required for ALL quotes, ideas, and concepts that you have learned in your
research, and information that is not considered “common knowledge” (such as
the date of a war). If any student is suspected of plagiarism appropriate action
will be taken.
The first assignment need not be related to the group project. Students can choose to examine
historical and contemporary slavery, slave and human trafficking narratives, and its impact on
society and human rights today in any country or region of interest. For example, a student can
examine historical and contemporary slavery in India. Just be sure to follow the guidelines.
II. Assignment 2: Presentation & Report on the Field Assignment
For this assignment the students will step out of their classrooms, ‘into the
field’ to explore efforts made by organizations at the grass roots level in their
own community. These could be organizations that advocate against human
trafficking or have intervention programs that address the needs of trafficked
victims.
Students will contact a local organization and interview a community
researcher/social worker/psychologist. Please note: you can approach
organizations online as well and conduct this interview via email
correspondence.
The focus of the Interview should be on organizational details, other
organization/s they are affiliated too, nature and scope of work, challenges,
job satisfaction, and dealing with difficult situations, burn out.
For the purpose of this interview students will construct a set of question leads
in the form of a semi structured interview. To facilitate transcription of this
interview and for you to capture all the information shared with you, please
request to audio record the interview. Important: Carry a Consent Form to
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record (Refer to your text book from your research methods class, which will
have details on consent form)
Written Report: Transcript of the interview (audio recording or interview via
email) A brief description based on your learning’s and insights from the
interview (Word Limit: 500).
Presentation: Students will present their experience in class. (20 minutes)
The Field Report Assignment need not be focused on the final project. If a student is covering a
different country for assignment one, then he or she can choose to do the interview/field report
on that rather than the final project. Students can also choose to do the field report on the final
project, which means conducting an interview within Thailand. Students are free to choose for
this assignment. Please be sure to follow the guidelines.
III. Group Project
The class is required to develop a group project that makes a contribution to the
ending of human slavery and trafficking. Efforts might be directed to the ending of
one or another form of slavery, or slavery in a particular location or of a particular
group, or assisting one particular individual.
The class is to document its activities to this end, which will be archived and made
available to later Webster Contemporary Slavery and Human Trafficking Keystone
Seminars. Depending on what the class collectively decides to do, the media materials
to be made available to other classes might either themselves be the group project, or
they might document the group project.
The documentation may employ text, video, audio, photography or any other media,
or social media interventions and productions; the only requirement is that it be in
digital form that can be accessed by classes at any of the Webster campuses.
The group project is more cumbersome than the other assignments because it requires
coordination, cooperation and planning on the part of all the students in the course. Students are
responsible for the output. This is not and should be faculty/teacher driven.
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Lecture: Introduction to Human Trafficking—From the Conventions to the Conditions of
Vulnerability
The first half of the semester focused on historical slavery and the slave narratives. It provided a
context for the second half, which is concerned with contemporary slavery. Human trafficking is
a form of contemporary slavery. This lecture provides students with a brief introduction to
human trafficking, the forms of exploitation therein included, and the international conventions
thereto related. It is designed to provide a context for what will be lectured on next week, which
is human trafficking in Southeast Asia.
International Conventions Relevant to Human Trafficking
The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons (hereinafter
“Trafficking Protocol’) is an extension of the 1949 Convention for the Suppression of the Traffic
in Persons and of the Exploitation of the Prohibition of Others;4 and, a supplement to the UN
Convention against Transnational Organized Crime (UNTOC).5 The 1949 Convention is
concerned with the trafficking of persons for sexual exploitation. It also links historical slavery
and the practices of prostitution and trafficking. The UNTOC is concerned with crimes that are
transnational in nature such as corruption, money laundering, smuggling and trafficking of
goods, persons and items. The UN Protocol against the Smuggling of Migrants is also a
supplement to the UNTOC (hereinafter “Smuggling Protocol”). It is particularly hereto relevant
because of the relationship between trafficking and smuggling6 and the growing tendency among
states to treat refugees, asylum seekers, and those who have been trafficked as migrants. Finally,
the UN Convention against Corruption is important. Corruption is one of the leading factors
contributing to trafficking.
All of these international conventions and protocols provide obligations for states. Thus, states
have not only international but also national obligations to fulfill. Those obligations extend
beyond the adoption and implementation of preventative measures codified through national
legislation. They also entail the protection of victims to ensure their rights are not thereupon
infringed by the measures adopted and the provision of information pertaining to the law. States
are encouraged but not required under the convention and protocols to provide services for the
physical, psychological and social recovery of trafficked individuals. Other international
obligations found in the UN Declaration of human Rights, the UN Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, and UN Refugee Convention
provide, however, some basic protection of the rights of those who have been trafficked. We
will return to the relationship and also the tension between international and national legal
obligations next week when examining trafficking in Cambodia, Indonesia, Laos, Malaysia,
Myanmar, the Philippines, Thailand and Vietnam.
4 The 1949 Convention can be accessed by the following link:
http://www.ohchr.org/Documents/ProfessionalInterest/trafficpersons.pdf. Last accessed on March 22, 2015. 5 The UNTOC can be accessed through the following link:
http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf. Last
accessed on March 22, 2015. Also contained therein are the Trafficking in Persons Protocol and the Protocol against
the Smuggling of Migrants. 6 Please watch the following link on the difference between trafficking and smuggling:
https://www.youtube.com/watch?v=dfJti4W8LsE.
15
Common among the international and legal legislation on trafficking is the definition of
trafficking in persons. The trafficking in persons refers to “the recruitment, transportation,
transfer, harboring 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.”7 Exploitation of
persons occurs in many forms. The forms of exploitation specifically referenced in the
trafficking protocol include sexual, labor, child, and of organs. Students should be aware that the
1949 UN Convention, the other conventions and protocols and most national legislation gives
preference to sexual exploitation over that of the other forms and targets primarily women and
children. This means there are significant gaps in not just the legislation but also the anti-
trafficking measures adopted and the awareness campaigns organized.
Despite the significant gaps there are some basic protections afforded to trafficking victims.
First, states must protect the identity of trafficked persons. Second, states must provide victims
with information on relevant court and administrative proceedings and assist in making sure their
views are heard in the relevant stages in the criminal proceedings. Third, states must provide for
the physical safety of victims. They must particularly provide for the special needs of children,
which include appropriate housing, education and care. States should also but are not required to
provide for the physical, psychological and social recovery of victims of trafficking. Such
measures could include housing, counseling, medical and psychological assistance, employment,
education, and training opportunities. Let us look more closely at the vulnerability and impact of
trafficking to shed light on why states need to do more than just pass legislation and run
awareness campaigns. We will return to preventative measures in two weeks; that is, after
covering trafficking in Southeast Asia.
Vulnerability and the Conditions of Vulnerability
Vulnerability refers to the condition of a person in a given context. Those most vulnerable are
individuals with little to no alternatives to the conditions wherein which they are found. Where
opportunities and alternatives exist, the less likely there is a need for individuals to resort to
leaving the country. It is in the pursuit of leaving or those alternatives that individuals find
themselves vulnerable to trafficking. A response to trafficking, thus, requires the conditions of
the individual to be taken into consideration.
The conditions of vulnerability depend on the individual. Children are vulnerable to the
demands and expectations of those in authority. They are not able to protect themselves; they
lack knowledge of the laws available to protect them; they are unable to negotiate for
themselves; and, they are physically vulnerable to harsh environmental conditions. Women are
more vulnerable when they are excluded from mainstream economic and social systems. It
should be noted that rural women tend to be more vulnerable than those living in urban centers.
Many of the conditions making women vulnerable are linked to the social and cultural
conditions. Men are often neglected; yet they too are vulnerable. They are particularly
vulnerable for labor exploitation.
7 Please see the Trafficking Protocol.
16
Poverty does not per se increase vulnerability of individuals. Rather it is a host of issues thereto
related that increase vulnerability. They include a lack of and access to food and resources;
hunger and malnutrition; ill-health and inadequate access to healthcare services; lack of or
limited access to education; homelessness and inadequate living conditions; social discrimination
and exclusion; and, a lack of participation in the political processes. Related thereto are the
conditions that lead individuals to become socially and culturally excluded. Social and cultural
exclusion will vary, as well as the degree. It will depend on context; the point, however, is that
their exclusion makes them more vulnerable to be trafficked. Finally, individuals with limited
access to education and those living in political unstable environments are also vulnerable.
Conclusion: The Impact of Trafficking
Trafficking impacts more than just the individual who is trafficked. It has social, political and
economic implications on communities and countries across the globe. Individuals experience
physical, sexual and psychological abuse and violence, deprivation and torture, the forced use of
substances, manipulation, economic exploitation, and abusive living and working conditions.
States are affected politically because of the transnational movement of individuals across
borders. It, therefore, impacts migration policies, border security, and human rights. Both states
and societies are affected economically. They are affected by the resources allocated for
prevention and prosecution of and the protection of individuals from trafficking, as well as the
care and services provided (or the lack thereof) to those who have been trafficked. Society-at-
large is affected due to the break down in the rule of law. Finally, the global community is
threatened due to the transnational nature of trafficking. Next week we will examine the nature
and impact of trafficking more specifically by examining it within the context of Cambodia,
Indonesia, Laos, Malaysia, Myanmar, the Philippines, Thailand and Vietnam.
17
Lecture: Human Trafficking in Southeast Asia
The majority of human trafficking occurs in the context of labor migration rather than through
sexual exploitation (AFPPD, 2013). It is estimated that one-half of the international migrants are
women. A majority of these women work in the domestic sector rather than working in the
industrial, manufacturing, fish and/or agricultural industries. This generalized observation,
however, varies by region and by source/destination country. Source country refers to those
where a majority of migrants are hailing from, while destination country refers to where the
migrant is working. A majority of individuals trafficked in Southeast Asia are destined either for
specific countries within the larger Asia-Pacific region or the Middle East. This week’s lecture
focuses on trafficking in Southeast Asia. It specifically provides an overview of trafficking in
Cambodia, Indonesia, and Lao People’s Democratic Republic, Malaysia, Myanmar, the
Philippines, Thailand and Vietnam. For more extensive coverage on trafficking in the region
please see UN documents and the 2013 study conducted by the Asian Forum of Parliamentarians
on Population and Development, which is a regional non-governmental organization based in
Bangkok, Thailand.
In Southeast Asia, trafficking is primarily for labor exploitation. Similar to others across the
globe few countries have adequate laws for addressing this phenomenon. Countries across the
globe tend to focus on sexual, child and organ exploitation in their efforts to combat trafficking
in persons. Recall our discussion regarding the awareness campaign being run in the United
States and the difficulties in both formulating, implementing and enforcing legislation. We do a
disservice to those who need to be protected when our efforts target one state actor or set of
actors. This is because a real solution lies in educating one another and working together to
combat the phenomenon.
Trafficking is a global problem and the problem is complex. Shall we merely place a Band-Aid
on the festering wound or will we engage in dialogue to work hand-in-hand do tackle a problem
that has impacts far beyond what the eyes can imagine? Moreover, denying or silencing the
debate does a disservice to growth and development of a country and its people. Education is the
key to breaking open the complexity of the problem. Silencing debate, therefore, fails to educate
the community and individuals therein living. A good leader is one who does not shy away from
a problem but one who tackles it head on. Will the leaders of the present take the hands of their
people to walk a path to transform the environment and give hope to tomorrow’s children or will
they turn a blind eye and silence the debate? The future depends on the position adopted and the
step taken for each country, region and individual. Which path will you choose? Let us recall
there are many paths toward the same end, thus one step taken and a different position adopted
does not per se mean it is the wrong one. Context matters, thus, there is no single or simple
solution that can be employed globally or regionally. There will be variance and the steps taken
may be slower than what others will take but commitment thereto, and work toward, combating
the phenomenon must be the aim of actors, whether they are state or non-state actors. The
phenomenon cannot be tackled alone; it takes many to make this dance a reality.
18
Exploring Trafficking Across Selected Countries in Southeast Asia
This part of the lecture examines human trafficking in selected countries across the region. The
selected countries are Cambodia, Lao People’s Democratic Republic, Malaysia, Myanmar, the
Philippines, Thailand and Vietnam. The information herein provided is derived from the Asian
Forum for Parliamentarians on Population and Development. Thailand will not be discussed in
class despites its inclusion in the written notes. We will wait to discuss it until the students
return from interviewing the Department of Special Investigation, the Ministry of Social
Development and Human Security, and the Center against International Human Trafficking on
Monday (30/3/2015) and the class field trip to the fisherman village to interview migrants in
April. Finally, the similarities and differences across the region will be covered after spending
two weeks on combating trafficking.
I. Trafficking in Cambodia
Selected
Countries
in Southeast
Asia
Nature of
Trafficking
(Internal or External
Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors
Involved in
Trafficking
Consequences
of Trafficking
Domestic Legislation
to Combat Trafficking
Cambodia Migration
through
irregular channels
increases
the potential
for
trafficking.
Cambodia to
Thailand and
Malaysia. There is greater trafficking
of migrants into the
fishing industry in Thailand and
children to
Malaysia.
Women
migrants
find employment
in sectors
such as the garment
industry,
shrimp and fishery
industries;
agricultural industry;
and,
domestic work. There
are some
women working in
traditionally
male dominated
sectors such
as construction
and
plantations. Women are
paid less
than their
male
counterparts.
Trafficking occurs
mainly for
the sex industry and
domestic
work. Men are primarily
trafficked
into the
High levels of
unemployment
and poverty within the
rural areas.
Traffickers
and
trafficking victims;
Licensed
recruitment agencies;
Business
owners; Security
personnel
and political figures; and,
Individuals
contributing to or having
a direct or
indirect stake in the
continuation
of the practice.
Conflation of
the forms of
exploitation and, thus, the
types of
trafficking in persons.
Discrimination
in efforts--male victims tend to
be neglected.
Treatment of the
phenomenon as
a criminal matter fails to
address the
underlying the causes leading
to trafficking.
Lack of awareness of
the guidelines
on implementation
of the Law on
Trafficking and Sexual
Exploitation.
Lack of
training among
law
enforcement and political
actors
responsible for formulate,
implementing
and enforcing legislation.
Weak
information
1993 Cambodian
Constitution and the
1996 Law on Kidnapping and
Trafficking outlawed
the sale of human beings. Legislation
primarily targeted
women and the sex industry. The 1996
Law did expand the
understanding to include men. The 2008
Law on the
Suppression of Trafficking in Human
and Sexual
Exploitation updated the past legislation. It
brought it in line with
the UN Trafficking Protocol. There were
Guidelines on
Implementation of the Law that were
introduced the same
year. Other relevant legislation includes the
2007 Labor Law; the
2005 Law on
Prevention of Domestic
Violence and
Protection of Victims; the 2011 ban on
recruiting, training and
sending domestic workers to Malaysia;
and, bilateral treaties
signed on trafficking and labor. Cambodia is
also part of the
Coordinated Mekong
19
fishing
industry. There are
smaller
numbers of men
trafficked
into the construction,
logging,
factory, and the
agricultural
industries.
strategy; thus,
there is limited awareness and
knowledge of
the phenomenon
within the
country.
Ministerial Initiative
against Trafficking.
II. Trafficking in Indonesia
Selected
Countries
in
Southeast Asia
Nature of
Trafficking
(Internal or
External Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors
Involved in
Trafficking
Consequences
of Trafficking
Domestic Legislation
to Combat Trafficking
Indonesia Trafficking is primarily
external
rather than internal,
with the
proportion reported as
1/5 domestic
and the rest international.
Trafficking
follows the rural to
urban
patterns.
Indonesia to Malaysia, Saudi
Arabia, Singapore,
Taiwan, and Japan. Malaysia is the top
destination within
the region and Saudi Arabia is the
top destination
outside the region. Indonesia is also a
destination country
for the trafficking of children.
Domestic employment
is the
primary sector. The
other sectors
include construction,
entertainment
and the sex industry, and
fishing.
Trafficking of children is
reported to
be mostly for the sex
industry and
domestic work.
Socioeconomic conditions and
lack of
alternatives
Traffickers and
trafficking
victims; employment
agencies;
labor agents;
family,
friends and neighbors;
and, law
enforcement and politics
officials
(connected to the
corruption
problem).
Issues reported
include no
time off, no freedom of
movement,
confiscation of travel or
identity
documents, partial or
complete
non-payment of wages,
physical and
psychological abuse, rape
and other
forms of sexual
violence, poor
living conditions,
and lack of
healthcare when ill. The
introduction
of biometric passports has
led to an
increase of individuals
being
smuggled by
sea rather
than land.
The ban on domestic
workers
traveling to places such as
Malaysia led
to an increase in irregular
migration.
The 2007 Law on the eradication of the
Criminal Act of
Human Trafficking, which adopts the
language of the UN
Trafficking Protocol, is the primary law on the
phenomenon. Other
relevant legislation includes laws
pertaining to placement
of workers abroad, immigration, domestic
violence, corruption,
slavery, money laundering, and child
protection. There are
also bilateral and multilateral
frameworks.
20
III. Lao People’s Democratic Republic
Selected
Countries
in Southeast
Asia
Nature of
Trafficking
(Internal or External
Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors Involved in
Trafficking
Consequences
of Trafficking
Domestic
Legislation to
Combat Trafficking
Lao External
and Internal
Lao is primarily a
source country for
the region. Migration is
primarily from Lao
to Thailand but there are also
trafficking patterns
from Lao to Vietnam, Myanmar
and China. These
patterns are complicated
because Lao is a
transit state for women and
children being
trafficked from Vietnam, Malaysia,
Myanmar and
China to Thailand. There is also the
rural to urban migration pattern
and north to south
migration pattern within the country.
Migration rates are
higher along the
border and in the
special economic
zones. There are also seasonal
migration patterns.
Women and
girls are
trafficked primarily for
domestic
work. More women than
men migrate
legally and illegally.
Trafficking
of women for forced
marriage
and the sex industry are
also
reported. Other
sectors
include factory
work, the boat and
fisheries
industries, and the
agriculture
sector.
Lack of
development,
socioeconomic issues, and
drug
problems.
Traffickers and
trafficking victims;
small to large scale criminal/trafficking
networks;
individuals and family members
known to the
trafficking victim; owners of
businesses; and,
security and political officials
(related to the
corruption issues).
High levels of
illiteracy,
inadequate education,
and
traditional attitudes
disadvantage
the female population in
the labor
market, which makes them
more
vulnerable to trafficking.
Ratified the
UNTOC but has
not implemented any domestic
legislation to
correspond to its international
obligations.
Trafficking in persons has been
criminalized in the
penal code, however. Other
legislation such as
the Law on Development and
the Protection of
Women and the regulations on the
Types of Jobs
Prohibited for Sending Lao
Workers to Work Abroad are
relevant.
21
IV. Trafficking in Malaysia
Selected
Countries
in Southeast
Asia
Nature of
Trafficking
(Internal or External
Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors
Involved in
Trafficking
Consequences
of Trafficking
Domestic Legislation to
Combat Trafficking
Malaysia Internal and External
Primarily a destination rather
than a source
country. A majority of migrants and
trafficking victims
are from the region. Malaysian women
are also trafficked
to Singapore, China and Japan for the
sex industry.
Domestic, agricultural,
construction
and manufacturing
sectors. A
majority of the domestic
workers are
women and hail from
Indonesia. Women
recruited for
legal hotel and restaurant
work are
reported to be forced into the
sex industry.
Socioeconomic conditions and
lack of
alternatives
Traffickers and
trafficking
victims; agents,
recruiters
and recruitment
agencies,
and businesses;
small to large
organized
crime networks;
and,
security and
political
actors (corruption
an element
here). Linkages
between
the organized
criminal
network in
Uganda,
Nigeria
and China.
Excessive recruitment
fees; debt-
bondage; withholding
of passports;
excessive work hours
and poor
conditions; lack of time
off and access to healthcare;
and, physical
and sexual abuse.
The 2007 Anti-Trafficking in Persons
Act, which was renamed
in 2011 to the Anti-Trafficking and Anti-
Smuggling Migration
Act; and, Memorandums of
Understanding with
countries sending laborers to Malaysia.
22
V. Trafficking in Myanmar
Selected
Countries
in Southeast
Asia
Nature of
Trafficking
(Internal or External
Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors
Involved
in Trafficking
Consequences
of Trafficking
Domestic Legislation to
Combat Trafficking
Myanmar Primarily
external but also
internal. It
is interesting
to note that
45% of the regular or
legal
migrants from
Myanmar
are women. Internal
trafficking
is primarily a product of
the conflict,
forced labor and the use
of child
soldiers by the EAG
and the
MNAF.
From Myanmar to
Malaysia, Thailand, the Republic of
Korea, Japan and
China. A majority of those trafficked
are sent to China
and Thailand. They are some too who
are trafficked
further abroad, particularly to the
Gulf countries such
as the UAE, Kuwait and Saudi
Arabia.
Electronic,
fishery and agricultural
sectors.
There is an estimated
100,000 of
female domestic
workers
working in Thailand.
Trafficking
to China is reported to
be primarily
for forced marriage
and the sex
industry.
Socioeconomic
conditions and lack of
alternatives
due to displacement
from internal
conflicts, discrimination
against ethnic
groups, and the problem of
forced labor
within the country.
Traffickers
and trafficking
victims;
recruiters; family and
friends of
victims; armed
forces
across the armed
actors;
and, security
and
political officials
(corruption
plays a role).
Lack of
enforcement of the laws
and failure to
develop programs
within society
to educate the communities,
societies and
states where there are
higher levels
of individuals being
trafficked.
Some aspects of the law
such as the
prohibition on returning and
the denial of
identities increases
criminality
and contribute to trafficking.
Discrimination
and bias toward women
and children in
the legislation, which leads to
a lack of
protection and resources for
the males who are trafficked.
The 2005 Anti-
Trafficking Law; the 1947 Immigration Act;
the National Verification
Program; the creation of a Central Body for the
Suppression of
Trafficking; criminalization of forced
labor, including forced
recruitment into the MNAF; and, developed
linkages with global
actors who are combating trafficking.
23
VI. Trafficking in the Philippines
Selected
Countries
in Southeast
Asia
Nature of
Trafficking
(Internal or External
Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors
Involved
in Trafficking
Consequences
of Trafficking
Domestic Legislation
to Combat Trafficking
Philippines Internal and
External
(Trafficking of male,
female and
organs is reported)
A majority of those
trafficked for to
North America, the Gulf States, and
Malaysia. There is
the rural to urban trafficking pattern.
A majority of the
migrants and those who are trafficked
are women.
Professional
and technical,
construction, manufacturing,
agricultural,
forestry and fishery sectors.
Women
commonly migrate for
marriage,
domestic work, and the
entertainment
and sex industry in
countries such
as Malaysia, Singapore,
Japan, the
Republic of Korea, and the
Gulf countries.
Socioeconomic
conditions and
lack of alternatives
Traffickers
and
trafficked victims;
recruiters
and agents; small to
large
organized criminal
elements;
family and friends;
individuals
from foreign
and
domestic armed
forces
stationed inside the
country; and,
security
and political
officials
(corruption
an
element).
Conflation of
sexual
exploitation and the other
forms hinder
efforts to combat
trafficking. A
lack of labor inspectors
hinders
efforts, as well was
compliance
and oversight.
Ratification of the
ILO Domestic
Workers Convention in 2012; the
criminalization of all
forms of trafficking in 2003 with the Anti-
Trafficking in Persons
Act; and, the Expanded Anti-
Trafficking in Persons
Act of 2012 (permits extra-territorial
jurisdiction). Other
legislation includes the Migrant Workers
and Overseas
Filipinos Act (1995/2009), the
Labor Code; the
Magna Carta for Women; and, the
Domestic Workers Act of 2013. The
country also has
bilateral agreements.
24
VII. Trafficking in Thailand
Selected
Countries
in
Southeast
Asia
Nature of
Trafficking
(Internal or
External
Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors
Involved
in
Trafficking
Consequences of
Trafficking
Domestic Legislation to Combat
Trafficking
Thailand External
and Internal
Thailand is
primarily a
destination and
transit country.
Many of the
trafficking victims
hail from
Myanmar,
Cambodia, Lao and
Southern China.
There is a reported
150,000 Thais who
migrate abroad
each year. This
plays a role in
Thailand being a
labor dependent
market country,
particularly for
certain sectors.
Some Thais have
also been trafficked
to Northeast Asia,
the Gulf and
Middle East, and
Europe to work in
the agricultural, sex
and low-paid work
sectors. The
situation in the
South contributes
to Muslim women
being trafficked.
Domestic,
agricultural,
fishery,
manufacturing,
construction and
the sex sectors.
Socioeconomic
conditions and
lack of
alternatives
Traffickers
and
trafficked
victims;
recruiters
and agents;
small to
large
organized
criminal
elements;
security
and
political
actors
(corruption
a
component
here).
Emphasis on sexual
exploitation rather
than the other
forms of
exploitation
involving human
trafficking.
Difficulties in
authorities
identifying
trafficking victims,
which is in spite of
the training
received.
Exploitation of
irregular paperwork
by certain segments
within the political
apparatus.
Reported physical
and sexual violence
by segments of the
community who
are supposed to
protect victims and
eradicate
trafficking. Failure
to enforce rights of
migrant workers
and trafficked
victims afforded in
the domestic
legislation. Bias
against women and
their role in
eradicating the
phenomenon.
Finally, there are
issues such as the
withholding of
travel documents,
earning below
minimum wage,
excessive hours of
work, lack of rest
days, excessive
fees and deductions
which facilitate
debt bondage,
unfair dismissals
and no grievance
processes and/or
the right to
organize, and
workplace abuse.
The failure to
recognize domestic
work as formal
work results in it
not being covered
by the labor laws.
Signed but not ratified the
UNTOC and its Trafficking
Protocol; and, the 2008 Anti-
Trafficking in Persons Act. Other
relevant legislation includes the
Penal Code, the Criminal
Procedure Act, Prevention of
Prostitution Act, Laws on Money
Laundering and Child Protection,
and dozens of Memoranda of
Understanding. Thailand is also a
member of the Coordinated
Mekong Ministerial Initiative
Against Trafficking.
25
VIII. Trafficking in Vietnam
Selected
Countries
in
Southeast
Asia
Nature of
Trafficking
(Internal or
External
Trafficking)
Trafficking Routes
(Source/Destination
Country)
Employment
Sectors
Reasons for
Trafficking
Actors
Involved
in
Trafficking
Consequences
of Trafficking
Domestic
Legislation
to Combat
Trafficking
Vietnam Primarily
external
trafficking
Source country,
with migrants and
trafficking victims
primarily heading
to countries in East
and Southeast Asia
(China, Cambodia,
Thailand, and
Malaysia),
countries in the
Gulf and the
Middle East,
countries in North
America, and
countries in
Europe. Migration
for marriage
patterns are from
Vietnam to China
and South Korea.
Vietnamese women
comprise the
majority of the
Cambodian sex
trade. Men are
trafficked to
Thailand to work in
the fishery sector.
Finally, children
are trafficked to
Europe for
Cannabis and other
agricultural related
work. Children
are also reported to
be trafficked into
Cambodia for
begging and the sex
industry.
Female
dominated
sectors; sex
industry;
agricultural
sector;
fishing
industry;
and, the
garment
industry.
Socioeconomic
conditions and
lack of
alternatives, as
well as for
marriage and
family
reunification.
Traffickers
and
trafficking
victims;
agents and
recruiters;
and,
security
sector and
political
officials
(corruption
is key).
Continued
bias toward
women and
children and,
thus, the
neglect of
men in
protection
and
enforcement
of the laws;
corruption in
the referral
and
identification
processes;
lack of
consistency in
the laws and
codes; and,
dependence
on
remuneration.
Ratified the
UNTOC and
its
Trafficking
Protocol in
2012; the
Penal Code
was
amended to
include men
in addition
to women
and children
who are
victims of
trafficking;
the
2011/2012
Law on the
Prevention,
Suppression
Against
Human
Trafficking;
and, the
2006 Law
on
Vietnamese
Workers
Going
Abroad
under
Contract.
The labor
laws are also
relevant.
Vietnam has
also signed
bilateral
agreements
and MOU to
combat
trafficking.
Finally, it is
a member of
the
Coordinated
Mekong
Ministerial
Initiative
Against
Trafficking.
26
Final Lecture: Combating Human Trafficking
This lecture concludes our course on human trafficking. Now, now, that does not mean it is the
last class! We will still have two more meetings before the final end of the semester. Students
will give their presentations on the interviews conducted either in their respective countries, the
region or within Thailand in the next class on April 27, 2015. The final meeting on May 4 is
when the group presentation on combating trafficking in Thailand is scheduled. Facebook posts
on news pertaining to trafficking in Thailand, the region and around the globe will continue even
though the semester is coming to an end.
From Historical and Contemporary Slavery to Human Trafficking
The course began with an introduction to historical slavery and then transitioned into
contemporary slavery. The forms of exploitation were similar across the globe, irrespective of
whether there was a slave society or a slave system in the historical slavery period. Those
forms of exploitation merely re-manifested themselves following the abolishment of the slavery
across the globe. They are what link historical and contemporary slavery.
There is no agreement on what constitutes contemporary slavery. Activists, non-governmental
organizations and policymakers use the term loosely. The international community also has
come to no agreement on the term. What all across the globe agree to, irrespective of where they
are situated politically, is that human trafficking is a form of contemporary, or an example of,
modern day slavery.
Prior to examining human trafficking, students spent several weeks learning of and listening to
the slave narratives. The narratives were not limited to the historical slavery period. They
transcended both the historical and contemporary periods in order to show the overlap and
connection thereto in relation to experience, conditions, and the forms of exploitation that
existed. The narratives also permitted us to easily transition into human trafficking.
Human trafficking was first introduced through the narratives. It was then examined generally;
and, finally, more specifically in the context of Southeast Asia. Students were introduced to the
international conventions and protocols pertaining to trafficking and the corresponding national
legislation in 8 of the 10 ASEAN member states. Therein learned were the varying rights of
trafficking victims and the states’ obligations at the national, regional and global level and to the
victims of trafficking. Absent though was a discussion on combating trafficking. It is to that we
now turn.
Combating Trafficking: A Law Enforcement Perspective
States’ approach to combating trafficking has been primarily through law enforcement. It has
been the primary approach from America to Thailand. Presented here are the guidelines for the
identification and investigation of human trafficking that are used by U.S. law enforcement. The
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guidelines for the identification and investigation of human trafficking were selected because of
some questions asked by students as to how to identify whether someone has been trafficked.
There are no clear or specific guidelines a state or law enforcement body can develop to
specifically identify the crime of trafficking. It should be noted that the Philippines has
developed an 11-point checklist. Checklists cannot per se be standardized. They should
correspond to the environment wherein trafficking is occurring or suspected.
The crime of trafficking is typically identified indirectly. It is identified through investigation of
other crimes. Some of the other crimes cited in the law enforcement manual are domestic
violence, labor disputes, prostitution and pimping offenses, shoplifting, and cases of assault.
Possible indicators to look for include businesses that serve as fronts such as recruiters and
recruitment agencies; building security and the living quarters of laborers (whether housing is
provided on or near the worksite); the nature of the working conditions such as whether laborers
have freedom of movement, whether they owe a debt to their employers, and whether the
employers have control over the laborers’ immigration documents; and, finally, the appearance
and mannerism of the workers (signs of trauma, fatigue, injury or other evidence of poor care;
withdrawn nature and a fear to talk; or, their communication is censored). Traffickers often
confiscate documents; misrepresent the country’s laws; threaten the victim with arrest or
deportation; threaten to harm or kill family of the victim; use debt to create dependence; move
victims from one location to another in order to keep them alienated; use psychological and
emotional abuse against the victim; dictate or restrict movement; and, isolate victims who do not
speak the local language. Victims, it should be noted, often fear speaking out and also feel
protective of the trafficker. This is in large part because of the conditions of abusive and/or
exploitative relationship fostered.
Identification of trafficking will remain difficult in the region and even more difficult in some
countries. Recall that a majority of the women who are trafficked are either for the sex industry
or domestic work; and, that most national legislation on trafficking in Southeast Asia covers the
sexual exploitation but fails to cover exploitation in the domestic work sector. The absence
and/or weakness of laws too on domestic violence contribute to the problem in the region and,
thus, lack of identification of potential victims of human trafficking. Students will also recall
that a majority of the cases within the region are a product of labor exploitation. The weakness in
not only the labor laws but also enforcement thereof hinders efforts to identify trafficking.
Corruption within the security sector exacerbates the problem.
States must go beyond law enforcement and legal measures. They must conduct education and
awareness campaigns. The gap between legislation and enforcement will never be overcome in
the absence of an informed public. The public must know and be aware of trafficking. They must
know what to look for and understand the actors involved. It is individuals living in communities
who know of what is taking place; who know of those who are taking bribes to look the other
way; know of the conditions and plight of those who are being taken advantage of and abused by
their employers; and, know of who is a possible a victim of a trafficking. Many, however, fear
speaking out. They fear speaking out because of potential retaliation and/or lack of belief the
authorities will do anything about the problems, if reported. The corruption element here plays
into the question. Overcoming that fear requires genuine effort by not only government
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authorities, but also by concerned, conscientious humanitarians and civil society working
together to bring awareness and to educate the communities about the phenomenon.
Let us end class today with watching a few clips on efforts around the globe to combat
trafficking; and, with a discussion on combating trafficking in Thailand. I would like students
who took part on the field trip to learn of Thailand’s fishing industry to share with the others
their experience and observations. We will return to the trip and the means for combating
trafficking in our final session this semester.
The clips selected are as follows:
Fight Human Trafficking (Rohingya Vision TV)-- https://www.youtube.com/watch?v=GigR0GpW7t0.
Combating trafficking: A conference in Baku, Azerbaijan (the use of social media and
the role of global activists)-- https://www.youtube.com/watch?v=bXgWi5VyJqA.
The Salvation Army’s Mexico Project (the role of non-state actors)-- https://www.youtube.com/watch?v=Vmb9iUvFa-o.
The Role of the Media in Fighting Human Trafficking-- https://www.youtube.com/watch?v=AsRn2PcOJM0.
Prevention and Awareness in Hotels--
https://www.youtube.com/watch?v=sfCWE_P4CCU.
Awareness Video: https://www.youtube.com/watch?v=vmaMWfoUdNo.
For the awareness videos students should ponder the following:
The nature and type of awareness campaign being run (info/media/prop/other);
The target audience and the demographic of said audience;
The nature and role of discourse (did it resonate with one or more TAs);
The role of symbolism (messages, narrative, images, song/music);
Source and content (the use of authoritative versus non-authoritative sources in the
campaign and how this negatively impacts the overall effectiveness of awareness
campaigns, particularly information and media awareness campaigns; and,
How the message delivered will impact a general or neutral audience, particularly one
that lacks awareness or knowledge of the phenomenon.