Human Trafficking And Sexual Exploitation Criminology Essay

Human Trafficking And Sexual Exploitation Criminology EssayWhen I was in Holland in August 1999, I was curious to see Amsterdams Red Light District for myself. Then it was the alone place I knew in the world where whoredom was legal and confuse heard that women pose in window inviting customers in. I was with a friend and she started taking pictures of the women in the windows. When my friend took an opposite picture when we were in the middle of the walkway, a prostitute came from behind her window, descendent on us furiously, grabbed the camera and violently removed the film from the camera. We were stunned, apologised profusely and hurriedly tried to specify our way. A man came from somewhere and explained that taking pictures were prohibited. At that time I, like most people, have non heard about military individualnel trafficking.The issue of gracious trafficking has received considerable attention in the last ten course of instructions from researchers, non-governmental organisations, governments and international bodies the world over. Like most countries, southern Africa too is a signatory to the Protocol to Prevent, Suppress and Punish Trafficking in Persons (generally referred to as the Palermo Protocol). We formally consented to the Palermo Protocol in December 2003. Thus, as a nation we be obligated to suss out that our internal laws address the issue of human trafficking.Human trafficking has been called a heinous, monstrous,1crime against humanity2. It has also been coined modern-day slavery. Human trafficking can take the form of informal exploitation, labour exploitation, slavery, illegal adoptions, removal of organs and other embody parts, for conveying doses nationally and internationally. However, as much as the issue has been discussed and debated, it has contri aloneed to the hype surrounding FIFA humans Cup 2010 and how human trafficking for depend onual exploitative purposes bequeath increase even though there is no resea rch to draw from during the soccer world cup. This led to discussions and human cosmoss outcry on whether or not to legalise prostitution and whether South Africa need a specific legislation dealing with human trafficking.When I wrote my proposal, I considered several key heighten argonas. It soon became apparent that callable to limitations much(prenominal)(prenominal) as time and length of paper, that I needed to reduce the key focalize areas. Consequently I have decided for this paper, to focus on description of traffickingthe causes of traffickingexplore prostitution and whether or not it should be legalisedexplore legislative developments pertaining to trafficking custodial measures available to victims of trafficking.Research MethodologyThe research methodology consisted majorly of in-depth desktop research on trafficking of adults, and not people under the age of 18 years, for purposes of energizeual exploitation. ofttimes has been written about human trafficking, bu t it is still difficult to find reliable studies thereof. Some of these factors include deficiencies in methodology defining trafficking high levels of mobility and the impedance nature of trafficking links to organised crime victims fears and unwillingness to participate in research and potential dangers to researchers.3Gould and Fick wrote that they failed to find a single prostitute who said she was being obligated by unscrupulous pimps to sell trip against her will.4This does not mean that there are no victims of energise trafficking in and around Cape Town.I thought I could draw on an article written by Immelback Interviewing a Victim of Human Trafficking.5Upon closer look I realised that she did not interview a victim of human trafficking, but interviewed the Victim Assistance team who utilisations with victims of trafficking.As it is difficult6to set up interviews with victims of sex trafficking due to a host of reasons, including psycheal, I abandoned interviewing the m for this paper due to my limitations. I decided to instead research movies and or documentaries that depict human trafficking for purposes of sexual exploitation. I will reflect on one of such movies, namely the movie Taken where Liam Neeson plays the role of a concerned and heroic father, whose daughter and friend have been trafficked for purposes of sexual exploitation, and he lengths he went to rescue them.Throughout the paper I will try to avoid preferring to victims in the feminine form, even if the majority of the persons who victims of sex trafficking are women. This is to prevent sexism in my writing.7A Review Of The LiteratureDefining Human TraffickingOne of most debated issues of human trafficking is the definition of human trafficking. Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Procol) defines trafficking astrafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons by means of the scourge or use of force or other forms of coercion, of abduction, of fraud, of deception, of the subvert of power or of a position of vulnerability or of the giving or receiving of payments or social welfares to achieve the consent of a person having control over another person for the purpose of exploitation. Exploitation shall include at a minimum the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour of services, slavery or practices similar to slavery, servitude or the removal of organsthe consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this Article shall be irrelevant where any of the means set out in paragraph (a) have been used just about countries have taken the definition verbatim when they drafted their anti-trafficking laws. Kara8undertook several research trips to investigate human trafficking on four continents. He questions whether the definition is subpa ragraph 3(a) includes exploitation.9He opines that the wording only speaks to the movement portion of the chain, which explains why anti-trafficking law focus on movement more than exploitation10. He argues that trafficking is not about movement, it is about slavery.11He writes that received anti-trafficking efforts primary seek to crack down on modern-day slave traders, resulting in little more than adjustments in routes, larger bribes to b site guards, and the procurement of dishonest travel documents.12He suggests that a much clearer understanding of sex trafficking is required- wherein the movement and the purpose of the movement are disaggregated as criminal acts- to achieve greater emancipationist effectiveness.13He suggests two definitions which could be used to eradicate sex trafficking, namelySlave trading- process of acquiring, recruiting, harbouring, receiving, or transporting an individual, through any means and for any distance, into a condition of slavery or slave-l ike exploitation.14Slavery- process of coercing labour or other services from a captive individual, through any means, including exploitation of bodies or body parts.He argues breaking the definition into different parts should be effective when formulating efforts to combat the crime of sex trafficking, and that confusion over what trafficking is results in blunted purpose, diffracted focus and exclusion of important components of trafficking-related crimes.15The Human Sciences Research Council (HSRC) Tsireledzani 2010 report dealt with the problems of trafficking. They have expanded the definition of trafficking to include trafficking within national borders forced jointures child labour fertilization of a female against her will for the purposes of selling her child when born and trafficking of body parts.16In South Africa Gould and Fick created a stir with their controversial research on sex trafficking in Cape Town. They argue that the definition is too broad17and that there seem to no agreement on what could be considered as exploitation18. another(prenominal) criticism of the definition by Gould and Fick is the issue of consent of the victim being irrelevant.19They opine that by ignoring the fact that the victim consented to be trafficked, is to ignore the specific inescapably of the victim, especially the victim who do not wish to return home to the same circumstances that led the victim to be trafficked in the first place.20Gould and Fick quit that critiques would suggest that the term trafficking may not be a useful lens through which to consider issues of exploitation and abuse in the sex work industry.21Sex trafficking and prostitution are lots perceived as two sides of the same coin. However, it is not. It is important to differentiate between sex trafficking and prostitution.With sex traffickingthe person is being exploited to perform sex workthe person is not carryly paid, but money might be sent to the victims familythe person is compelle d to do the sex workthe person is not in a position to stop working un slight the person escapethe person does not have autonomy of movement- it is circumscribethe person is not able to talk over a rate, fee, hoursthe person is not able to negotiate the sexual actsthe person is not able to negotiate true(p) sexual practicesWith prostitution, however, the sex workeris paid directly (if the person is based at a brothel, money might be paid either to person self or the person managing the brothel)can decide to stop wheneverchoose to do the sex work due personal circumstancescan negotiate sexual actscan negotiate safe sexual practicescan negotiate the rate, fee and hoursis able to enrapture freedom of movementcan still enjoy life as a person (fall in love, have babies, etc)Why does sex trafficking occur?The root causes of trafficking are complex, the vulnerability resulting from poverty is a major contributor.22The HSRC list pull factors such as economic inequality, conflicts, adopt ion trade, the use of organs or body parts in rituals.23They list poverty and deprivation, continual unemployment, gender discrimination, lack of information and education, harmful socio-cultural practices and lack of legislative and policy protection as push factors.24They also cite issues such as disempowerment, kindly exclusion, and economic vulnerability- the result of policies and practices- marginalise entire groups of people, rendering them vulnerable to being trafficked.25The general perception is that only men are traffickers. Women are also come to in human trafficking, not only as victims, but also as traffickers.26It has been found that traffickers are also women, as mainly Mozambican women in partnership with their compatriots and South African men who transport trafficked victims from Maputo to Johannesburg or Durban.27Victims trafficked to Europe are recruited by Malawian businesswomen.28Kara argues that sex trafficking occurs because it is a lucrative business.29H e equates sex trafficking with drug trafficking.30He states that drug trafficking generate greater dollar revenues, but sex trafficking is more profitable.31Unlike a drug, a human does not have to be grown, cultivated, distilled, or packaged.32Unlike a drug, a human can be used by the customer again and again.3334It generates profits through the vulgar and wanton wipeout of lives.35Kara describes several five ways how sex slaves are acquired, namely deceit, sale by family, abduction, seduction or romance, or recruitment by motive sex slaves.36Each of these ways will be briefly illustrated below.DeceitDeceit involves false job offers, travel, or other income-generating opportunity, false marriage offers (mail order brides).37He opine that in countries where marriage is the only way for a female to secure social acceptance, basic rights, and avoid a lifetime of persecution, false marriage offers are effective ways to acquire sex slaves.38People living in refugee camps are very susce ptible to sex trafficking as they are oft not allowed to leave the camp to seek employment.39Traffickers visiting refugee camps with job offers are usually very successful in getting people.40Sale by or contact of family membersI first encountered family involvement when I read a news article.41The article said that police had rescued a seventeen year old teenage girl from Klerksdorp from a brothel in Table View.42It alleged that the mother of the teenager knew the brothel owner and have promised her daughter that she will be working as a child minder.43Did the mother knew that her daughter will be expected to do sex work? Poverty, desperation and excision lead many families to sell a family member into slavery, and that they seldom are sold for greed.44Parents are often forced by poverty and ignorance to enlist their children, hoping to benefit from their wages and sustain the deteriorating family economic situation.45AbductionPeople are rarely abducted into sex trafficking, bec ause it is difficult to transport person without drawing attention. People are also abducted in and from conflict zones and forced to serve as sex slaves to rebel commanders or are sold as slaves.46Kara says that not only is the abducted victim unwilling to travel, but also will to escape at any opportunity.47If a person is abducted into sex trafficking, the person is usually also drugged to facilitate easier movement.Seduction or RomanceVictims are also lured into trafficking by promises of love and marriage. Traffickers would find attractive and vulnerable people (more often girls), offering them love and marriage, treating them to expensive gifts, seducing them to migrate to a rich countrified where they can build a life together.48Once the victim reaches the other country, they are forced into sexual slavery.49Recruitment by former slavesThis too might be difficult to comprehend, but people are also recruited by other victims of trafficking.50Sex slaves employ adaptive mechanis ms to survive their ordeals, including drug and alcohol abuse and the morose acceptance that their fate.51In East Africa, Ugandan women working as prostitutes in the Gulf States lure young girls from their country because they are usually preferred by male clients.52Lastly, Kara controversially opines that the United States is more responsible than any other nation for the inimical accretion in human exploitation, trafficking, slavery since the fall of the Berlin Wall. He notes that through the International Monetary Fund and other institutions, the US government rapidly imposed its particular brand of unfettered market economics upon the developing world, unleashing catastrophic increases in poverty, social upheaval, mass migration and lawlessness.53Should sex work be legalised?When dealing with the issue of sexual exploitation, the question is often raised whether or not to legalised or to decriminalise prostitution. Kara too addresses this in his research. He writes that the arg ument that prostitution be legalised rests on the premise that women have a right to control their bodies.54He indicates that legalisation would mean that prostitutes could enjoy the same benefits that other occupations do.55Legalisation would also allow for state monitoring to ensure that prostitutes were less subject to violence and exploitation and that it would make it more difficult to traffic people for sexual exploitation because victims would have rights under the law, and that criminalising prostitution leads to increased exploitation of trafficking victims.56Those who are against legalising prostitution argue that purchasing sex and operating sex establishments should be criminalised because prostitution can never be a choice and that the calling is inherently based on a system of male sexual dominance, appropriating the female body for pleasure and reinforcing the subordination and sexual objectification of women.57He further writes that legalisation gives protection to brothel owners to purchase trafficking victims and inflict greater exploitation behind closed, but legal doors.58He writes that only governments, organized crime, and pimps benefit from legalisation and women and children cope with state-sanctioned rape and slavery.59He does not elaborate on how governments benefit from legalising prostitution.Kara investigated two countries, the Netherlands and Sweden legislation regarding prostitution. The Netherlands have legalised prostitution and Sweden has criminalised it. Even though prostitution was legal in Amsterdam, brothels were not until October 2000, when the ban was lifted to enable the Dutch government to exercise more control over the sex industry and counter abuses.60Brothel owners are issued licences if they are in form with certain standards, including panic buttons in work areas, hot and cold running water, and free condoms.61National Legislative frameworkSince South Africa signed and ratified the Palermo Protocol, we had to ensure that we enact legislation in accordance. The US Office to Monitor and Combat Trafficking in Persons 2010 report ranked South Africa as Tier 2. This means that our government do not fully with the Trafficking Victims Protection toys (TPVA) minimum standards, but are making significant efforts to bring us into compliance with those standards.Currently our anti-trafficking law is in draft stage, and it is not known if and when the bill will become law. It has been stated that we have several laws that deals with aspects of human trafficking, inter alia the Childrens Act 38 of 2005 (Chapter 18- sections 281 to 291) Films and Publications Board 65 of 1996 Human Tissues Act 65 of 1983 The Corruption Act 94 of 1992 Prevention of Organised Crime Act 121 of 1998 Infringement of in-migration Act 13 of 1996 Refugee Act 130 of 1998 and Extradition Act 67 of 1962. I will discuss these legislative provisions contained in the Criminal Law (Sexual Offences and connect Matters) Amendment Ac t62as well as the Prevention and Combating Trafficking in Persons bill (2009).The Criminal Law (Sexual Offences and Related Matters) Amendment ActThe Sexual Offences Act (SOA) can be used in the interim to charge and prosecute traffickers and victims of trafficking. Section 70 and 71 of the SOA are transitional provisions relating to trafficking. Section 70 deals with application and definition and section 71 deals with trafficking in persons for sexual purposes.Section 70 states that70(b) trafficking includes the supply, recruitment, procurement, capture, removal. Transportation, transfer, harbouring, sale, disposal, or receiving of a person, within or across the borders of the Republic, by means ofa threat of harmthe threat or use of force, intimidation or other forms of coercionabductionfrauddeception or false pretencesthe abuse of power or of a position of vulnerability, to the extent that the complainant is inhibited from indicating his or her unwillingness or resistance to be ing trafficked, or unwillingness to participate in such an act orthe giving or receiving of payments, compensation, rewards, benefits or any other advantagesfor the purpose of any form or manner of exploitation, grooming or abuse of a sexual nature of such person, including the commission of any sexual offence or any offence of a sexual nature in any other law against such person, whether committed in or outside the borders of the Republic, and trafficks and trafficked have a corresponding meaning.Section 71 reads71(1) Any person (A) who trafficks any person (B) without consent of B, is guilty of the offence of trafficking in persons for sexual purposes.71(2) A person who-orders, commands, organises, supervises, controls or directs traffickingperforms any act which is aimed at committing, causing, bringing about, encouraging, promoting, modify towards or participating in trafficking orincites, instigates, commands, aids, advises, recruits, encourages or procures any other person to commit, cause, bring about, promote, perform, contribute towards or participates in trafficking, is guilty of an offence of involvement in trafficking in persons for sexual purposes.71(3) For the purpose of subsection (1), consent means voluntary or uncoerced agreement.The SOA elaborates further on the circumstances. It states that71(4) Circumstances in which B does not voluntarily or without coercion agree to being trafficked, as contemplated in subsection (3), include, but are not limited to, the followingwhere B submits or is subjected to such an act as a result of any one or more of the means or circumstances contemplated in subparagraphs (i) to (vii) of the definition of trafficking having been used or being present orwhere B is incapable in law of appreciating the nature of the act, including where B is, at the time of the commission of such act-asleepunconsciousin an altered state of consciousness, including under the influence of any medicine, drug, alcohol or other substan ce, to the extent that Bs consciousness or judgement is adversely affected.71(5) Any person who has been trafficked is not liable to stand trial for any criminal offence, including any migration-related offence, which was committed as a direct result of being trafficked.Any act of trafficking which is not included in sections 70 and 71 of the SOA, such as kidnapping,assault (common, and assault GBH), extortion, slavery, attempted attain, and murder have to beprosecuted under general statutory or common law offences.63Malachi v Cape Dance Academy International Pty Ltd OthersIn a recent reportable case of Tatiana Malachi v Cape Dance Academy Others64, even though the legal question did not deal with human trafficking, I think that it was a case of human trafficking. The facts are cited as follows.Applicant is a citizen of the Republic of Moldova. She was employed as an exotic dancer at a nightclub managed by the first respondent (Cape Dance Academy International PTY LTD) and second respondent (House of Rasputin Properties PTY LTD). On her arrival in South Africa during March 2009, applicator handed her passport to the owner of Rasputin. Applicant was initially informed that her passport would be kept for 30 days in order to have it registered at the Police station. Second respondent subsequently kept applicants passport during the entire period of her employment. The owner of second respondent informed applicant that he would not return her passport unless the applicant paid him $2000 for her air ticket and R20 000 as a levy. The applicant was unable to pay either of these amounts, as she was not earning fit income during her employment with second respondent.The applicant was to remain in custody pending the return date, which was to be 30 July 2009. If the applicant furnished adequate and satisfactory security for the total claim of R100 000 plus interest and costs, the applicant would be released from custody and the order for arrest discharged. The appl icant had no assets of any tangible value in South Africa and therefore was unable to furnish adequate and satisfactory security. By agreement between the parties, the first and second respondents secured the discharge of the arrest warrant by the third respondent and the applicant was released from the custody on 24 July 2009.Applicant sought and received the assistance of the Consul General of Russia to facilitate her return to her home country Moldova. Prior to her departure from South Africa on 9 July 2009, applicant was arrested and taken into custody at Pollsmoor Prison. The arrest was made pursuant to a court order issued by the third respondent ex parte on 9 July 2009 and warrant of arrest tanquam suspectus de fuga.If we interpreted sections 70 and 71 as is, based on the facts of this case, Ms Malachi arrived in March 2009 and employed as an exotic dancer. It not evident from the facts how she got to be employed as an erotic dancer. Lets for