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Migration and Awareness of Trafficking in Persons

In Being a World Citizen, Current Events, Human Rights, Modern slavery, NGOs, Refugees, Social Rights, Solidarity, The Search for Peace, Track II, United Nations, World Law on April 10, 2019 at 9:47 PM

By René Wadlow

The United Nations (UN) Global Compact for Safe, Orderly and Regular Migration has drawn attention to the positive aspects of migration. However, there are also negative aspects so that we are also concerned with migration that is not safe such as trafficking in persons. A UN report presented to the Commission on the Status of Women at the start of its current two-week session in New York highlighted that human trafficking is one of the fastest growing criminal industries and one of the biggest human rights crises today. The vast majority of victims trafficked are for sexual exploitation, while others are exploited for forced labor and forced marriage.

One aspect of migration issues is the issue of the trans-frontier trafficking in persons. Awareness has been growing, but effective remedies are slow and uncoordinated. Effective remedies are often not accessible to victims of trafficking owing to gaps between setting international standards, enacting national laws and then implementation in a humane way.

The international standards have been set out in the “United Nations Convention against Transnational Organized Crime” and its “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.” The Convention and the Protocol standards are strengthened by the “International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.” The worldwide standards have been reaffirmed by regional legal frameworks such as the “Council of Europe Convention on Action against Trafficking in Human Beings.”

Despite clear international and regional standards, there is poor implementation, limited government resources and infrastructure dedicated to the issue, a tendency to criminalize victims and restrictive immigration policies in many countries.

Trafficking in persons is often linked to networks trafficking in drugs and arms. Some gangs are involved in all three; in other cases, agreements are made to specialize and not expand into the specialty of other criminal networks.

Basically, there are three sources of trafficking in persons. The first are refugees from armed conflicts. Refugees are covered by the Refugee Conventions supervised by the UN High Commissioner for Refugees (UNHCR) in the country of first asylum. Thus, Syrian refugees are protected and helped by the UNHCR in Lebanon, but not if they leave Lebanon. As ¼ of the population of Lebanon are now refugees from the conflicts in Syria, the Lebanese government is increasingly placing restrictions on Syrian’s possibility to work in Lebanon, to receive schooling, medical services, proper housing etc. Therefore, many Syrians try to leave Lebanon or Turkey to find a better life in Western Europe. Refugees from Iraq, Afghanistan, Sudan follow the same pattern.

The second category are people leaving their country for economic reasons − sometimes called “economic refugees.” Migration for better jobs and a higher standard of living has a long history. Poverty, ethnic and racial discrimination, and gender-based discrimination are all factors in people seeking to change countries. With ever-tighter immigration policies in many countries and with a popular “backlash” against migrants in some countries, would-be migrants turn to “passers” − individuals or groups that try to take migrants into a country, avoiding legal controls.

A third category − or a subcategory of economic migration − is the sex trade, usually of women but also children. As a Human Rights Watch study of the Japanese “sex-entertainment” businesses notes, “There are an estimated 150,000 non-Japanese women employed in the Japanese sex industry, primarily from other Asian countries such as Thailand and the Philippines. These women are typically employed in the lower rungs of the industry either in ‘dating’ snack bars or in low-end brothels, in which customers pay for short periods of eight or fifteen minutes. Abuses are common as job brokers and employers take advantage of foreign women’s vulnerability as undocumented migrants: they cannot seek recourse from the police or other law enforcement authorities without risking deportation and potential prosecution, and they are isolated by language barriers, a lack of community, and a lack of familiarity with their surroundings.” We find similar patterns in many countries.

The scourge of trafficking in persons will continue to grow unless strong counter measures are taken. Basically, police and governments worldwide do not place a high priority on the fight against trafficking unless illegal migration becomes a media issue. Thus, real progress needs to be made through nongovernmental organizations (NGOs) such as the Association of World Citizens. There are four aspects to this anti-trafficking effort. The first is to help build political will by giving accurate information to political leaders and the press. The other three aspects depend on the efforts of the NGOs themselves. Such efforts call for increased cooperation among NGOs and capacity building.

The second aspect is research into the areas from which children and women are trafficked. These are usually the poorest parts of the country and among marginalized populations. Socio-economic and educational development projects must be directed to these areas so that there are realistic avenues for advancement.

The third aspect is the development of housing and of women’s shelters to ensure that persons who have been able to leave exploitive situations have temporary housing and other necessary services.

The fourth aspect is psychological healing. Very often women and children who have been trafficked into the sex trades have a disrupted or violent family and have a poor idea of their self-worth. This is also often true of refugees from armed conflict. Thus, it is important to create opportunities for individual and group healing, to give a spiritual dimension to the person through teaching meditation and yoga. There are needs for creating adult education facilities so that people may continue a broken education cycle.

There are NGOs who are already working along these lines. Their efforts need to be encouraged and expanded.

Prof. René Wadlow is President of the Association of World Citizens.

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To Snap Every Yoke: World Law to End Slavery in Libya

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Human Development, Human Rights, International Justice, Middle East & North Africa, Migration, Modern slavery, NGOs, Refugees, Solidarity, The Search for Peace, United Nations, World Law on November 29, 2017 at 4:25 PM

By René Wadlow

“Is not this what I require of you… to snap every yoke and set free those who have been crushed?” Isaiah, 58 v 6

There are many ways that an individual can be held in chains through his desires and emotions. These chains need to be broken by the development of the will and strong efforts of self-realization through mediation and therapy.

However, it is contemporary forms of slavery in its literal and not symbolic sense that must concern us today. The League of Nations on September 25, 1926 facilitated a Convention on Slavery which was a high-water mark in the world-wide consensus on the need to abolish slavery begun some 100 years before by small groups of anti-slavery activists in England, France and the USA. However as with many League of Nations conventions, there were no mechanisms written into the convention for monitoring, investigation and enforcement. Although the Slavery Convention outlawed slavery and associated practices, it not only failed to establish procedures for reviewing the incidences of slavery in States parties, but also neglected to create an international body which could evaluate and pursue allegations of violations.

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Within the United Nations (UN) system, there have been advances made, especially in investigation both making public through official UN documents the investigations of nongovernmental organizations (NGOs) and through the work of Special Rapporteurs of UN human rights bodies.

Thus, in a UN report on “Trafficking of Children and Prostitution in India” the authors write “Nepal appears to be the most significant, identifiable source of child prostitution for Indian brothels. Thousands of Nepalese females under the age of 20 have been identified in India by various studies. The average age of the Nepalese girl entering an Indian brothel is said to be 10-14 years, some 5,000-7,000 of them being trafficked between Nepal and India annually.”

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As Professor Vitit Muntarbhorn, a former UN Special Rapporteur on the Sale of Children, has written, “Gender discrimination victimizes the girl child. Precisely because the girl child in seen in some communities as having lower priority, she is often denied access to such basic necessities as education which could ultimately protect her from exploitation. Another disquieting form of discrimination is based upon race and social origin, interwoven with issues of class and caste. It has become increasingly obvious that many children used in labor and sexual exploitation are lured from particular racial or social groups such as hill tribes, rather than the well-endowed groups in power.”

Today, it is the fate of migrants blocked in Libya, forced into forms of slavery one thought had disappeared, which rightly has focused UN and NGO concern. The UN High Commissioner for Human Rights, Prince Zeid Raad Al Hussein, has said that “the suffering of migrants detained in Libya is an outrage to the conscience of humanity.” His evaluation is based in part on the in-depth field investigation of UN teams which have highlighted that the majority of the 34 detention centers in Libya are concentration camps in which abuse, torture, forced work and all sorts of violence are everyday occurrences. Smugglers of people are often free to do as they please with the complicity of police officials at all levels. The risk of women being captured and raped is so high that some women and girls who are often fleeing from conflict conditions in their home countries take massage doses of birth control pills before entering Libya so that they can avoid getting pregnant. However, this can often cause irreversible injuries.

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There have been reports and filming of “slave auctions” especially in Sabba, the capital of the Fezzan province where routes from Sudan, Chad, and Niger meet and where roads leading north to the Mediterranean start. The UN also has reports from NGOs, especially humanitarian organizations, and from investigators of the International Criminal Court.

The issue which faces us now is what can be done. The League of Nations and the UN anti-slavery conventions are based on the idea that a State has a government. Unfortunately, Libya is a “failed State”. It has two rival governments, a host of armed groups, and more-or-less independent tribes.

The Association of World Citizens has proposed that there could be created a Libyan confederation with a good deal of regional autonomy but with a central government which would be responsible for living up to international treaties and UN standards. For the moment, there has been no progress in that direction or in the direction of any other constitutional system.

Slavery is a consequence of disorder. Without a minimum of legal structure, there will always be those who arise to make short-term gains including by the selling of people. The conscience of humanity of which the High Commissioner for Human Rights spoke must now speak out boldly to break the yoke of slavery. NGOs need to take a lead. Governments are likely to follow.

Prof. René Wadlow is President of the Association of World Citizens.

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