1

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

2

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/.

3

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.

4

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.

5

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.

3

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.

6

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

7

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

8

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.

9

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

10

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.

11

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?

12

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

13

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.

14

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

27

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

28

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.