Policy te: Raising Awareness on Trafficking in Persons in the Solomon Islands Background The biggest challenge facing any individual, organisation or government trying to raise awareness to prevent and combat trafficking in persons (TIP) in the Solomon Islands is that it has many forms and can easily be confused with other illegal and legal practices. What is trafficking in persons? Trafficking in persons, also referred to as human trafficking, has three forms: forced commercial marriage, forced labour and forced commercial sex. However, there is a common misunderstanding that forced commercial marriage is the same as arranged marriage, and forced commercial sex is the same as prostitution. It is important to understand the differences. commercial marriage differs from arranged marriage in that when the marriage is arranged, both the husband and wife consent to the marriage. When the marriage is forced, either the husband or the wife is being married against their will. The commercial aspect comes into play when someone is being forced into marriage so that someone else will benefit financially or receive money for the marriage. commercial sex differs from prostitution in that a prostitute is performing sexual acts voluntarily for payment, whereas forced commercial sex is when someone is forced to commit sexual acts against his or her will so that another individual benefits financially. The most important distinction concerns whether the person involved has consented to the activity. Without that person s consent, it is trafficking. In the Solomon Islands, the law prohibits human trafficking for labour or sexual exploitation. However, several factors contribute to the on-going practice in all forms of human trafficking in the country: Economic factors. There is strong anecdotal evidence that local boys and girls are put up for informal adoption by their family members in order to pay off debts, and some are subsequently subjected to sexual servitude and forced labour as domestic servants. For example, in 2010, according to the Department of Social Welfare, 3-4 young girls were sold to men on fishing boats by their mothers for money, fish and other goods. Distortion of long-standing customs and traditions. The practice of a bride price was traditionally used as way to build relationships between families, as well as to ensure the well-being of the bride. Unfortunately, under the guise of bride price, families have begun selling young girls into marriages, often to foreign men working as laborers in the logging camps around the country. Resource exploitation. Corruption within some foreign companies involved in resource extraction, and their ties to certain government officials, has resulted in the subversion of numerous laws, such as the immigration law, labour code and penal code. Foreign men are trafficked into the country (33 documented cases documented in 2012 alone), and forced to work for little to no pay and live in inhumane conditions. Sadly, the victims may then become perpetrators, taking a local wife by paying Raising Awareness about Trafficking in Persons in the Solomon Islands Page 1 This policy note was funded [in part] by a grant from the United States Department of State. The opinions, findings, and conclusions stated herein are those of the author(s) and do not necessarily reflect those of the United States Department of State.
the bride price to one of their family members, and thus engaging in sexual exploitation. Understanding Knowledge, Attitudes and Perceptions of Trafficking in Persons In July 2012, the Solomon Islands Christian Association, with the support of the American Bar Association Rule of Law Initiative, surveyed 390 individuals across four provinces in the Solomon Islands. The aim was to gather data in order to better understand what Solomon Islanders understanding of trafficking in persons, as well as citizens attitudes towards human trafficking and perceptions of its consequences. The survey was implemented in Makira, Malaita, Western Province and Guadalcanal, targeting both urban and rural communities. These four provinces were selected for the following reasons: (1) the presence of logging camps and tourism (contexts in which human trafficking can take place), and (2) relatively larger populations as compared to other provinces in the country. The survey consisted of twenty questions, most of which the respondent could choose between yes or no, with others providing the respondent with a selection of alternatives. Due to time and budget constraints, it was not possible to follow up the survey with focus group discussions or expert interviews to dig deeper into the results. As such, the results of the survey provide us with more questions than answers. However, this is the first survey of its kind in the Solomon Islands, focussing specifically on trafficking in persons, and assessing attitudes and perceptions rather than attempting to document the number of cases. The American Bar Association Rule of Law Initiative and the Solomon Islands Christian Association felt that having a better sense of what people were thinking was the most important step to take to at this stage in the process of advocating for increased awareness and improved prevention and response to trafficking in persons. Indeed, the results of the survey, imperfect though they may be, indicate that this was the most appropriate approach. Knowledge. Respondents to the survey were asked whether they knew what the three forms of human trafficking were. The results were as follows: 12 10 8 6 2 When asked to clarify what the three forms were in their opinion, many respondents confused forced commercial marriage with arranged marriage, and forced commercial sex with prostitution. When asked if they felt the three forms of trafficking in persons were crimes, the results were: 12 10 8 6 2 Marriage Labour Commercial Sex Marriage Labour Commercial Sex Raising Awareness about Trafficking in Persons in the Solomon Islands Page 2
Police Unreliable Fear of threats Don't know how Fear of disgrace Village elders t a serious issue It is a private matter What was most surprising was the significant number of respondents who did not consider forced marriage to be a crime, as compared forced labour and forced commercial sex. Information needs to be collected to better understand why this is so. One plausible reason is that the confusion between forced commercial marriage and the customary practice of arranged marriage leads people to believe that any form of arranged marriage is not a crime under the law. Attitudes. When put in this context, the results of other questions were better explained. For example, respondents were asked whether they felt the victim should also be held accountable and responsible for what happens to them. The results, at first glance, are both worrying and revealing: 8 7 6 5 3 2 1 The results reinforce the confusion between forced commercial marriage and arranged marriage, and forced commercial sex and prostitution. If more people become aware that consent is required in order for a practice to not be classified as trafficking, one can expect a decrease in the number of people who believe that the victim should be held responsible for what happens to them. These results perhaps also help explain why victims are victimized twice: first, during the process of being trafficked, and second, by the stigma they face when they attempt to return to their families and reintegrate into their communities. Likewise, these results also explain to some extent why people are reluctant to report cases to the police. 8 7 6 5 3 2 1 Survey respondents listed a large number of reasons for why people do not report these incidents to the police. The biggest reason was that people fear threats from the perpetrator. Around 34% of female respondents said that they would not involve the police because they do not consider these to be serious issues or that they should be dealt with privately. 35% 3 25% 2 15% 1 5% Men Perceptions. However, an even more worrying result was the number of people who felt that they were at risk of becoming victims of trafficking. The data Raising Awareness about Trafficking in Persons in the Solomon Islands Page 3
Awareness Law enforcement Cooperation of Unemployment Customary practices Poor parenting Stigma clearly showed that many people who have been trafficked would not know that they have been a victim of trafficking if the crime is referred to as trafficking in persons or human trafficking. However, when presented with the definitions of the three forms of trafficking in persons, the results demonstrate an urgency to raise awareness about trafficking so that people are in a position to protect themselves. Respondents who felt they were at risk of becoming victims of trafficking were as follows: 6 5 3 2 1 in. This number is aggravated by increasing youth unemployment, putting young men, and especially young women, at an even higher risk of finding themselves victims of trafficking as they struggle to meet their and their families minimum financial needs. Challenges. Preventing trafficking in persons in the Solomon Islands is everyone s responsibility. However, the results of the survey listed many challenges: 6 5 3 2 1 Men It is therefore important to understand why people feel that they are at risk. The need for income or financial resources was listed as the number one reason why people could so easily fall victim to perpetrators of trafficking in persons. 8 6 2 Rural Urban Rural Men Urban Men (*cooperation among community leaders) Raising awareness is a critical need, underscored by the significant number of respondents who identified awareness as the greatest challenge to preventing trafficking in persons. Respondents were therefore asked who they felt was the best placed to raise awareness about trafficking in persons, its dangers and consequences. It is difficult to determine the exact unemployment rate in the Solomon Islands the 2010 Millennium Development Goals Report for the Solomon Islands calculates it as 10.8%. But subsistence income activities and under-employment must also be factored Raising Awareness about Trafficking in Persons in the Solomon Islands Page 4
70. 60. 50. 40. 30. 20. 10. 0. The onus was largely placed on village elders and church leaders, probably because of the everyday presence of these individuals in the community, who are responsible for protecting the community members from negative influences and behaviours. These findings demonstrate a real need to raise awareness and target awareness activities at the community level. While survey respondents have identified village elders and church leaders as the responsible persons for such activities, it is important that all Solomon Islands stakeholders take responsibility for raising awareness and supporting community efforts to prevent and combat trafficking in persons. Recommendations Rural Urban Rural Men Urban Men The following recommendations are presented to stakeholder groups in the Solomon Islands for their consideration: Government. Both national and provincial governments need to make sure that trafficking in persons, in all of its forms, is adequately legislated against and that enforcement agencies have the required resources to prevent, investigate and prosecute perpetrators of trafficking in persons. This must also include freedom from intimidation and coercion by enforcement officials. Civil society and the General Public. Community development programmes will be an excellent avenue through which to support church leaders and village elders in raising awareness of the dangers and consequences of trafficking in persons. In particular, civil society organisations can play a role in reinforcing that individuals who find themselves victims of trafficking have rights under the law and that they have legal resources upon which to draw in order to protect themselves and their families. International community. Development programmes in the Solomon Islands put significant emphasis on combatting and preventing gender-based violence and violence against women. The current draft of the proposed Family Protection Bill includes trafficking in persons as a form of gender-based violence and domestic violence in the Solomon Islands. International development organisations need to ensure that their programming reflects this priority, as well as provides support to individuals, organisations and government departments working to eradicate the drivers of trafficking in persons and support victims, be they Solomon Islanders or foreign nationals. Prepared by: American Bar Association Rule of Law Initiative and the Solomon Islands Christian Association Honiara, Solomon Islands October 2012 Raising Awareness about Trafficking in Persons in the Solomon Islands Page 5