Christal Morehouse. Combating Human Trafficking

Transcription

1 Christal Morehouse Combating Human Trafficking

2 VS RESEARCH

3 Christal Morehouse Combating Human Trafficking Policy Gaps and Hidden Political Agendas in the USA and Germany VS RESEARCH

4 Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the Internet at Dissertation Humboldt-Universität zu Berlin, Philosophische Fakultät III, st Edition 2009 All rights reserved VS Verlag für Sozialwissenschaften GWV Fachverlage GmbH, Wiesbaden 2009 Editorial Office: Christina M. Brian / Anita Wilke VS Verlag für Sozialwissenschaften is part of the specialist publishing group Springer Science+Business Media. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the copyright holder. Registered and/or industrial names, trade names, trade descriptions etc. cited in this publication are part of the law for trade-mark protection and may not be used free in any form or by any means even if this is not specifically marked. Cover design: KünkelLopka Medienentwicklung, Heidelberg Printed on acid-free paper Printed in Germany ISBN

5 Contents List of Figures List of Tables Foreword Acknowledgements Introduction International Anti Human Trafficking Policy Frameworks The Six International Human Trafficking Agreements in Brief In Depth Analysis of International Human Trafficking Policy Frameworks at the International Level Demographic Parameters Geographic Parameters Exploitation Parameters Victim Protection Parameters International Cooperation Parameters Criminalization and Punishment Parameters Additional International Treaties Relevant to Combating Human Trafficking The Universal Declaration of Human Rights The Seven Core International Human Rights Treaties Toward a Theoretical Human Trafficking Policy Framework Existing Theoretical Human Trafficking Concepts Forced Labor Irregular Migration Facilitated by Organized Crime Anti Prostitution Building a more Comprehensive Theoretical Concept Next Steps Toward a Comprehensive Theoretical Concept on Human Trafficking

6 6 Contents 3 Anti Human Trafficking Policy Frameworks in The United States of America Historical Roots of Combating Human Trafficking in the United States of America The United States Declaration of Independence The Thirteenth Amendment to the United States Constitution Organizational Structures of Combating Human Trafficking and Detected Scope in the United States of America Office for Refugees and Resettlement (ORR) Office of Victims of Crime (OVC) Legal Services Corporation (LSC) Department of Homeland Security (DHS) Department of Labor (DoL) Better Utilizing the Information Available to the United States Government Estimated Magnitude of Human Trafficking in the United States of America Recent Developments in Anti Human Trafficking Policy in the United States of America in Brief The Trafficking Victims Protection Act of Trafficking Victims Protection Reauthorization Act of Trafficking Victims Protection Reauthorization Act of The William Wilberforce Trafficking Victims Protection Reauthorization Act In Depth Analysis of United States Human Trafficking Policy Frameworks Demographic Parameter: Gender-Specificity Geographic Parameter: Internal Trafficking Exploitation Parameters: Forced Non-Sexual Labor and Trafficking in Human Organs Victims Protection Parameter: Victim Access to Legal Residence Criminalization and Punishment Parameters: Links in the Trafficking Chain Including the Consumer and the Commercial Nature of the Crime

7 Contents 7 4 Anti Human Trafficking Policy Frameworks in The Federal Republic of Germany Historical Roots of Combating Human Trafficking in the Federal Republic of Germany and the European Union The Basic Law (Grundgesetz) European Union Policy Frameworks Prior to Organizational Structures of Combating Human Trafficking and Detected Scope in the Federal Republic of Germany The German Federal Police (BKA) The Federal Working Group on Human Trafficking Estimated Magnitude of Human Trafficking in the Federal Republic of Germany Recent Developments in Anti Human Trafficking Policy in the European Union in Brief Charter of Fundamental Rights of the European Union Amended in Framework Decision of 2002 on Combating Trafficking in Human Beings Approximating the Criminal Laws of the Member States Council Directive on the Residence Permit Issued to Third-Country Nationals who are Victims of Trafficking in Human Beings European Convention on Action Against Trafficking in Human Beings Concluded in Recent Developments in Anti Human Trafficking Policy in the Federal Republic of Germany in Brief Introduction of Human Trafficking to the Criminal Code Reform of the German Criminal Code on Human Trafficking Migration Reform to Transpose Directives of the European Union The Prostitution Law In Depth Analysis of German Human Trafficking Policy Frameworks Demographic Parameter: Gender-Specificity Geographic Parameter: Internal Human Trafficking Exploitation Parameters: Forced Non-Sexual Labor and Trafficking in Human Organs Victim Protection Parameter: Victim Access to Legal Residence

8 8 Contents Criminalization and Punishment Parameters: Links in the Trafficking Chain Including the Consumer and the Commercial Nature of the Crime Improving Methods for Estimating Human Trafficking Scope Current Systems of Estimating the Scope of the Human Trafficking Victim Population Developing a Universal System of Estimating the Scope of Human Trafficking Putting Forth Indicators for Human Trafficking Scope Documented Cases of Labor Exploitation Documented Cases of Illegal Prostitution Documented Profit Traffickers Made from Victims of Human Trafficking Documented Cases of Pedophilia or Sex Tourism Documented Cases of ID or Travel Document Fraud Documented Cases of Confinement or Servitude not Classified as Human Trafficking Documented Cases of Arranged or Mail-Order Marriages Next Steps in Establishing Human Trafficking Indicators Conclusions Gaps in Conceptual Framework and Definition Hidden Political Agendas: Migration and Prostitution Gaps in Data and Reporting Gaps in Service Provision Gaps in Governance Structures Moving the Anti Human Trafficking Agenda Forward Bibliography Annex

9 List of Figures Figure 1: A Typology of Forced Labor for Statistical Estimation Figure 2: A Concept for Depicting the Overlap between Forced Labor and Human Trafficking Figure 3: A Concept for Depicting the Overlap between Irregular Migration Facilitated by Organized Crime and Human Trafficking Figure 4: Modified Human Trafficking Concept in the Context of Migration. 86 Figure 5: A Concept for Depicting the Relationship between Prostitution and Human Trafficking Figure 6: The Open Circle of Human Trafficking Figure 7: Countries of Detected Human Trafficking Victim Origin in the Federal Republic of Germany Figure 8: Number of Victims of Human Trafficking Certified by the ORR Figure 9: Number of Pre-Certified Victims of Human Trafficking Serviced by the Grantees of the OVC Figure 10: Number of Victims of Human Trafficking Assisted by LSC Grantees 115 Figure 11: Number of Victims of Human Trafficking Granted a T-Visa Figure 12: Number of Victims of Human Trafficking Granted a Continued Presence Permit Figure 13: Principal US Government Agencies with Responsibilities for Antitrafficking Programs Figure 14: Number of Detected Human Trafficking Victims in the Federal Republic of Germany from Figure 15: Countries of Detected Human Trafficking Victim Origin in the Federal Republic of German from Figure 16: Human Trafficking Victims Residence Following the Reflection Period Figure 17: Human Trafficking Indicators According to Their Level of Importance Figure 18: Documented Cases of Labor Exploitation Figure 19: Documented Cases of Illegal Prostitution Figure 20: Documented Profit Traffickers Made from Victims of Human Trafficking in a Given Year

10 10 List of Figures Figure 21: Documented Cases of Pedophilia or Sex Tourism Figure 22: Documented Cases of ID or Travel Document Fraud Figure 23: Documented Cases of Confinement or Servitude not Classified as Human Trafficking Figure 24: Documented Cases of Arranged or Mail-Order Marriages Chart A: Organizational Structure of Combating Human Trafficking in the United States of America Chart B: Organizational Structure of Combating Human Trafficking in the Federal Republic of Germany

11 List of Tables Table 1: Ethnic-Specificity Table 2: Age-Specificity Table 3: Gender-Specificity Table 4: Euro-Centricity and Signatory of International Treaty Table 5: Exclusion of Internal Human Trafficking Table 6: Inclusion of Forced Prostitution Table 7: Inclusion of Forced Non-Sexual Labor and Traffic in Human Organs 41 Table 8: Inclusion of Victim Identification Table 9: Inclusion of Victim Rehabilitation Table 10: Inclusion of Public Awareness Table 11: Inclusion of Victim Access to Legal Residence Table 12: Inclusion of Government Monitoring Table 13: Inclusion of Institutional Coordination Table 14: Inclusion of Extradition Table 15: Criminalization of Links in the Trafficking Chain Including the Consumer Table 16: Irrelevance of Victim Consent Table 17: Criminalization of Attempted Trafficking Table 18: Inclusion of Confiscated Assets Table 19: Inclusion of the Commercial Nature of the Crime Table 20: Human Trafficking Parameters Table 21: Identifying Forced Labor in Practice Table 22: Classifying Recent Academic Research according to Typology Table 23: Funding Obligated for International Activities to Combat Trafficking in Persons, Fiscal Years Table 24: Data on Human Trafficking Maintained by US Government Entities Table 25: Summary of Human Trafficking Parameters Table 26: Overview of Human Trafficking Data Sets in Germany Table 27: Summary of Human Trafficking Parameters Table 28: Victim Profiles in US Government, ILO, UNODC, and IOM Databases

12 12 List of Tables Table 29: Estimated Scope of Prostitution and Sex Trafficking Table 30: Indicators of Human Trafficking Scope Table 31: Number of Policy Recommendations According to Issue and Actor. 257

13 Foreword Human trafficking is one of the most urgent political challenges of our global age. As the UN defines it, human trafficking is essentially a form of non-institutional slavery, but also includes the trafficking of human organs. It has been resistant to abolition and difficult to combat. Human trafficking is organized through networks and is clandestine in nature, making it very hard for governments to even detect. Yet it is arguably the most severe form of human exploitation in the world. Traffickers trade in the immediate human suffering of their goods. Human trafficking is a pressing political issue for two key reasons. First, because its victims are often subjected to virtual slavery, exposing them to severe physical and mental abuse. Their rights are brutally violated and they are robbed of their fundamental freedom and dignity. The severity and estimated scope of this abuse has made the issue a priority for the American and German governments. Second, human trafficking is estimated to be one of the top three sources of income globally, for organized crime. Only trafficking in drugs and arms surpasses human trafficking as a means for such illegal networks to generate funds. Criminal networks undermine the integrity of democratic states and destabilize their social and economic order. Income generated from human trafficking provides such networks with the resources they need to sustain a wide range of harmful activities. For both of these key reasons, governments have recognized human trafficking as a threat to the democratic way of life and to the basic rule of law. Despite its extreme severity, human trafficking has been one of the most difficult phenomena for national governments and the international community to understand, detect and combat. For many years the international community and national governments remained unclear and divided on how to define human trafficking. After numerous attempts, the international community finally established a comprehensive definition in Yet this definition remains the subject of various arguments and disagreements still today. Experts and governments are constantly refining our understanding of what human trafficking is and the many forms it can take. This book, which was written as a dissertation for doctoral study at the Humboldt University in Berlin, is the result of over five years of research. It provides an original analysis of the issue and is a comparative country analysis of US and German efforts to combat human trafficking. Its purpose is to contribute to the effectiveness of both

14 14 Foreword governments to combat human trafficking by uncovering evident deficiencies in current policies and methods, and adding to our understanding of what human trafficking is. In particular, the author s analysis of the current state of academic research on human trafficking represents an important addition to our understanding of this complex issue. It indicates that researchers and government agencies tend too often to interpret human trafficking through one of three lenses forced labor, migration or prostitution while ignoring other aspects of the issue. Research and anti human trafficking policies must take a comprehensive view in order to be effective. Hence the author s research goes beyond a deficit analysis. It proposes policies and concepts on how to improve anti human trafficking efforts in both countries. It also provides a schema for policy makers, which they can use to improve their understanding of human trafficking and their anti human trafficking policies. The damaging and corrupting effects of human trafficking resonate far beyond the direct impact it has on its immediate victims; indeed it can be said that they affect our entire society. This book illuminates the highly complex and sensitive issue of human trafficking. Prof. Dr. Rita Süssmuth

15 Acknowledgements I would like to thank my advisors Prof. Dr. Gert-Joachim Glaeßner and Prof. Dr. Rita Süssmuth for their guidance, expertise and support. I would also like to thank my family, David Barry, Amy Taylor and Michael Steinkopff for their comments and encouragement. Christal Morehouse